Date for Karen Read’s appeal set; bar named in lawsuit over O’Keefe’s death denies responsibility

On November 6, the state’s highest court will hear the efforts to get Karen Read’s murder charge tossed, Boston 25 News learned Friday.

The Massachusetts Supreme Judicial Court will hear arguments from Karen Read’s legal team that second-degree murder and leaving the scene of a deadly crash charges should be dismissed ahead of her retrial.

Read’s defense team argues that the jury in her mistrial agreed she wasn’t guilty of both charges and the panel was only stuck on manslaughter.

The Norfolk District Attorney’s Office has said no verdicts were recorded in Read’s first trial and Judge Beverly Cannone was correct and following existing Massachusetts case law when she denied a defense motion to dismiss two of Read’s charges.

One of the bars named in a wrongful death lawsuit over the death of Read’s boyfriend also said it is denying any responsibility in court paperwork filed Friday.

Back in August, the family of Boston police officer John O’Keefe sued the Waterfall Bar and Grille, one of the places O’Keefe and Read went out drinking the night he died.

O’keefe’s family claims the bar negligently served alcohol to an intoxicated person. But the Waterfall bar denies that.

C.F. McCarthy’s, another Canton Bar named in the suit filed a similar response in September denying all allegations.

Read is facing criminal charges in the death of her former boyfriend and Boston Police officer John O’Keefe. Her first criminal trial ended this summer with a hung jury. Prosecutors plan to re-try Read in January.

Read is also named in the civil suit.  Attorneys for the O’Keefe’s oppose any delay in the civil action.

At the same time, O’Keefe’s family has filed a civil lawsuit against Read.  Attorneys for the O’Keefes oppose any delay.

In court documents, Read’s attorneys say moving forward with the civil case before the criminal case will hurt her chances for a fair trial.

“Ms. Read’s ability to vigorously defend herself from criminal prosecution would be substantially prejudiced should this civil litigation proceed while her criminal trial takes place,” Read’s attorneys claim.

Read’s attorneys also note: “The privileges afforded to Ms. Read under the Fifth Amendment would be substantially impacted should this action proceed while the criminal prosecution is ongoing.”

In criminal trials, a jury cannot hold it against a defendant should they choose not to testify. However, in civil trials, a jury or judge is allowed to make a negative inference if a defendant pleads the Fifth

Her retrial is set to begin in January.

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