Karen Read’s lawyers are doubling down on their motion to dismiss

Karen Read’s lawyers say they had “no opportunity” to weigh in before Judge Beverly Cannone declared a mistrial in the Mansfield woman’s murder case earlier this month, doubling down on their push to toss two of the three charges against Read.

“The record reflects no discussion of any such alternatives, including, importantly, inquiry regarding whether the jury had reached an impasse on all, as contrasted to just some of the counts,” the defense wrote in a Tuesday court filing.

The defense filed a motion last week asking Cannone to dismiss the charges of second-degree murder and leaving the scene of a fatal accident. They allege four deliberating jurors have confirmed the jury internally agreed to acquit Read on both counts, reaching an impasse only on the charge of manslaughter while operating a motor vehicle under the influence.

Prosecutors allege Read, 44, drunkenly and intentionally backed her SUV into her boyfriend, Boston Police Officer John O’Keefe, outside a home in Canton in January 2022. Read’s lawyers maintain she was framed, arguing that O’Keefe entered the home and was fatally beaten before his body was planted on the front lawn. 

Cannone declared a mistrial after jurors said they found themselves “starkly divided.” However, Read’s lawyers said they’ve since heard from four jurors — two directly and two indirectly — that the deadlock only extended to the OUI manslaughter charge.

Responding to the defense team’s motion, prosecutors alleged Read’s lawyers built their argument “upon hearsay, conjecture, and legally inappropriate reliance as to the substance of jury deliberations.” In Tuesday’s filing, Read’s lawyers countered that the prosecution’s opposition is based on “several clear fallacies.”

“The Commonwealth’s Opposition is, perhaps, most notable for what it does not dispute: that, according to information from four deliberating jurors, the jury had reached a unanimous decision that Ms. Read is not guilty on two of the three charges pending against her, namely Counts 1 and 3,” the defense wrote. 

Read’s lawyers also pointed out that Cannone declared a mistrial “with no warning to, or solicitation of objections from, the parties.” 

The defense request to read jurors a Tuey-Rodriguez instruction, or “dynamite charge,” in hopes of breaking the deadlock “did not, of course, reflect any implicit concession that the jury was deadlocked on all counts, nor did it commit the defense to any position regarding whether the Court should sua sponte declare a mis-trial,” Read’s lawyers argued.

Prosecutors say they intend to retry the case against Read, who is due back in court for a status conference on July 22.