Physical Address

304 North Cardinal St.
Dorchester Center, MA 02124

Flick International somber courtroom scene with empty benches and gavel

Karen Read Takes Double Jeopardy Case to the U.S. Supreme Court amid Ongoing Murder Trial

Karen Read Takes Double Jeopardy Case to the U.S. Supreme Court amid Ongoing Murder Trial

As jury selection proceeds for her second murder trial regarding the death of Boston Police Officer John O’Keefe, Karen Read’s legal team challenges a ruling from a lower court that determined she is not subjected to double jeopardy. This appeal is now directed at the U.S. Supreme Court.

Read’s initial trial resulted in a mistrial with no clear verdict last year. Her attorneys contend that during the deliberation process, the jury reached a unanimous agreement that she was not guilty of two out of three charges, including the most severe accusation of murder. They argue that keeping these charges active for a second trial constitutes an unconstitutional attempt to prosecute her twice for the same crime.

However, this agreement was not recognized or disclosed during the initial trial, raising questions about its implications for her defense.

Legal Arguments Presented by Read’s Defense Team

In a comprehensive legal filing spanning 149 pages, Read’s lawyers have posed two critical questions to the Supreme Court. They assert that the Fifth Amendment provides essential protection against double jeopardy, which prohibits trial or punishment for the same offense on two separate occasions.

Typically, a retrial can commence following a mistrial, yet Read’s defense argues that the one-of-a-kind circumstances surrounding her case should exempt her from facing the two charges that the jurors agreed on, but did not officially announce.

Details from the Initial Trial

During the previous trial, jurors struggled with their deliberations. They sent multiple notes to the court indicating their inability to reach a consensus. On July 1, 2024, after several days of stalled discussions, Judge Beverly Cannone declared a mistrial.

According to the appeal, Read’s attorneys claim that the judge did not allow adequate communication from both sides and dismissed the jury without inquiring whether they had reached an impasse on all charges or only specific charges.

Juror Communications Reveal Key Insights

Following the mistrial, an anonymous juror known as Juror A reached out to Read’s attorney, Alan Jackson, to convey that the jury had unanimously determined she was not guilty of the charge related to second-degree murder. This claim was further corroborated by messages allegedly sent by Juror B and other jurors, pointing to a consensus regarding Read’s innocence on specific charges.

One message reportedly stated, “It was not guilty on second degree,” while other jurors signalled similar sentiments that undermined the prosecution’s case.

In a phone conversation, Juror B purportedly expressed that the jurors reached this conclusion, adding nuance to their deliberations regarding the prosecution’s inability to prove intent.

Circumstances Surrounding the Charges

Karen Read faces charges stemming from an incident where she allegedly collided with Officer O’Keefe in a parking lot, leading to his fatal injuries after he was left in the cold. Initially arrested on charges of drunk driving and manslaughter, she later was indicted on the additional and more serious accusation of second-degree murder.

If Read’s appeal is granted, she might only have to contend with the manslaughter charge, potentially reducing the stakes significantly. Conviction on the second-degree murder charge could lead to a life sentence, positioning her defense team in a precarious situation.

Previous Legal Proceedings in Massachusetts

Massachusetts appellate courts have previously dismissed Read’s requests, asserting that since no verdict was formally read during the trial, she had not been acquitted of any charges and thus does not qualify for double jeopardy protections. With the stakes rising, her legal team is now seeking the involvement of the nation’s highest court.

A Case In the Spotlight

The unfolding legal battle has garnered significant media attention, fueling public interest in the case. While Read maintains her innocence, her defense positions her as an unfortunate scapegoat caught in a web of circumstantial evidence. Her trial began anew on Tuesday, as she pleads not guilty and continues to contest the charges against her.

As the legal proceedings progress, this case highlights critical issues surrounding the justice system, including the implications of mistrials and the protections afforded to defendants. The outcome of Read’s appeal could set a precedent regarding double jeopardy claims in future cases.

The Road Ahead for Karen Read

As Read’s legal team prepares for the next chapter of this ongoing saga, the nation watches closely. The implications of this case resonate beyond one individual, raising questions about the fairness of legal processes and the rights of defendants in high-stakes trials. Only time will tell how the Supreme Court will respond to Read’s appeal and what this will mean for her pursuit of justice.