DEDHAM, Mass. — Judge Beverly Cannone and one of Karen Read’s defense attorneys got into a heated argument over the verdict slip that was given to the jury as jurors returned to court for Day 2 of deliberations in the high-profile murder trial.
Alan Jackson, who delivered closing arguments for the defense on Tuesday morning, expressed concern because there was no “not guilty” box to check on the lesser charges Read is facing including of involuntarily manslaughter and motor vehicle homicide.
“They need to see there is not a guilty option,” Jackson said. “I don’t care how they do it in Massachusetts.”
After reviewing the slip submitted to the jury, Cannone said that Jackson’s concern “made sense” to her but she didn’t change it because “it’s exactly how it always is in Massachusetts.”
Court resumed briefly and it got testy.
— Ted Daniel (@TedDanielnews) June 26, 2024
AJ tells Judge the verdict slip is incorrect.
He says there is no "not guilty" box to check on the lesser included charges of involuntarily manslaughter and motor vehicle homicide .
He tells Judge, "They need to see there is not a guilty… pic.twitter.com/GjLOmkDXKZ
The back-and-forth continued:
Jackson: “I care about whether or not it’s appropriate.”
Cannone: “It’s appropriate. It’s appropriate.”
Jackson: “For a superior charge, they have to decide that she is not guilty of the superior charge. And that is the starting point of whether or not she is guilty or not guilty of the subordinate charge -- often called a less inclusion. Once they decide she is not guilty of the superior charge, now there’s two additional charges that they’ve been instructed. They must decide whether she’s guilty or not guilty. How do they decide if she’s not guilty of the first subordinate charge, involuntary manslaughter?”
Cannone: “K. Anything else you want to say Mr. Jackson?”
Jackson: “I’d like an answer from the court. How do they decide if she’s not guilty of involuntary manslaughter on that verdict form?”
Cannone: “That’s their decision to make.”
Jackson: “How do they know that if they don’t have an option to check a box that says not guilty?”
Cannone: “They don’t check the box that says guilty, do they? Then when they go to the next block, they don’t check the box that says guilty. Then at the top you’re left with not guilty.”
Jackson and Cannone continued arguing over the slip before she asked if attorney David Yannetti was familiar with the form. Cannone was then heard saying, “Excuse me? This is funny, Ms. Read?”
Cannone then announced that the court was done, and she walked out.
Shortly after noon, Cannone called the jury back into the courtroom and informed them that she would add new language to the verdict slip based on Jackson’s prior protest.
Judge now says she will add new language to verdict slip based on AJ's protest earlier. That is a reversal from earlier.
— Ted Daniel (@TedDanielnews) June 26, 2024
Here's how I understand it. A "not guilty of the offense charged and any lessor included offense" will be added to the not guilty line on the felony…
Read, 44, of Mansfield, is accused of hitting her Boston police officer boyfriend John O’Keefe with her car and leaving him for dead in the snow in Canton in January 2022, but the defense has made a case that she is being framed.
She is also charged with second-degree murder in O’Keefe’s death.
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