Karen Read attorneys seek to delay wrongful death civil lawsuit
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By Cayle Thompson
Attorneys for Karen Read want a judge to delay proceedings in the civil case against her until her second criminal trial concludes.
Read is facing criminal charges in the death of her former boyfriend and Boston Police Office John O’Keefe. Her first criminal trial ended this summer with a hung jury. Prosecutors plan to re-try Read in January.
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. Legal experts also say if Read were to testify under oath in the civil case before the conclusion of her criminal case, her testimony could be used in both.
“She has not yet testified under oath, which her right to do,” says Boston 25 legal analyst Peter Elikann. “She wouldn’t want that used against her in a court of law.”
Elikann says the request to delay the civil proceedings is not uncommon or unreasonable. But attorneys for the O’Keefe family disagree, and accuse Read of trying to “control the narrative” by choosing when, where, and with whom she speaks.
“Karen Read has spoken publicly in interviews… with NBC’s Dateline, ABC’s Nightline, ABC’s 20/20, Vanity Fair, NBC’s Today, and a yet-to-be-disclosed Netflix documentary,” O’Keefe family attorneys write. “In light of her open willingness to speak publicly, Ms. Read’s current reliance on her Fifth Amendment right to silence appears to be less about avoiding self-incrimination and more about controlling the narrative to suit her interests.”
But Elikann says it’s not so simple.
“There is a difference between making statements outside of the courtroom and testifying in a courtroom where you are speaking under oath,” he says.
Karen Read
Karen Read
Karen Read and John O'Keefe
All stand as the jury files out to the courtroom, to start their fifth day of deliberations in the murder trial for Karen Read in Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. (Pat Greenhouse/The Boston Globe via AP, Pool) (Pat Greenhouse/AP)
Karen Read jurors tell judge they’ve been unable to reach unanimous verdict Karen Read jurors tell judge they’ve been unable to reach unanimous verdict
Day 3 of jury deliberations finishes without verdict in Karen Read trial Day 3 of jury deliberations finishes without verdict in Karen Read trial
Karen Read awaits the juries verdict in her murder case at Norfolk Superior Court in Dedham, Mass., Wednesday June 26, 2024. (Greg Derr/The Patriot Ledger via AP) (Greg Derr/AP)
Closing arguments in Karen Read trial
Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip
Karen Read murder trial
Streets lined with Karen Read supporters as her fate rests in hands of the jury
Streets lined with Karen Read supporters as her fate rests in hands of the jury
Norfolk Superior Court Dedham Some witnesses are in the courtroom on Tuesday include Brian Albert, Colin Albert, and Jennifer McCabe.
Karen Read
Karen Read Karen Read
Karen Read trial Karen Read, center right, is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O'Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool) (Kayla Bartkowski/(Kayla Bartkowski/The Boston Globe via AP, Pool))
Karen Read trial Karen Read is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O'Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool) (Kayla Bartkowski/(Kayla Bartkowski/The Boston Globe via AP, Pool))
Karen Read trial
Karen Read, John O'Keefe
Karen Read murder trial
Karen Read Karen Read
Karen Read
Karen Read
Karen Read murder trial
Karen Read murder trial Karen Read smiles after listening to her attorney Alan Jackson during her trial at Norfolk County Superior Court, Friday, May 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool) (Charles Krupa/AP)
Karen Read
Karen Read
Karen Read Karen Read
Karen Read Karen Read
Karen Read
Karen Read and Officer O'Keefe
Karen Read murder trial
Karen Read Karen Read sits with her legal team team in court Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool) (David McGlynn/Karen Read sits with her legal team team in court Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool))
Karen Read Karen Read sits with her legal team team in court, Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool) (David McGlynn/Karen Read sits with her legal team team in court, Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool))