DEDHAM, Mass. — Karen Read is expected to attend a hearing at the state’s highest court in Boston on Wednesday morning with her appellate attorney Martin Weinberg and trial attorneys David Yannetti and Alan Jackson.
The Norfolk County District Attorney’s Office opposes Read’s bid to get the charges dropped and argues that Superior Court Judge Beverly Cannone was correct when she ruled all of Read’s charges should remain for her retrial.
Boston-based defense attorney Dana Curhan has appeared before the SJC more than 100 times in his 40-year legal career. Curhan is not involved in the Read case. He told investigative reporter Ted Daniel both sides will be provided at least 15 minutes to make their arguments and the panel of Justices will ask questions.
“You can’t go up there and give a speech or give a closing. You’re going to go up there and have a conversation and that conversation may start before you reach the podium,” Curhan said.
Read’s legal team wants the SJC to order Judge Cannone to question the jury from Read’s mistrial about their secret deliberations to get the 2 charges dropped. Weinberg argued that polling the jury will show the panel reached ‘not guilty’ verdicts on murder 2 and leaving the scene and they were only hung on Read’s manslaughter charge.
In an October filing to the SJC, attorney Weinberg wrote ‘Read’s motion to dismiss is predicated upon post-trial statements of five jurors (four directly and one indirectly) that the jury reached a final, unanimous decision to acquit her of second-degree murder. In the usual course, that verdict would have been announced in open court, and re-prosecution for that charge would be constitutionally prohibited.”
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))
Karen Read trial Day 1
Karen Read opening statements begin
Karen Read
Karen Read
Curhan said, “The SJC has the ability to permit such inquiry in the limited and unusual circumstances presented here. The Judge does not have the authority to reconvene the jury and enter acquittals, but the court could permit the Judge to dismiss those counts.”
The Norfolk County DA’s Office said Assistant District Attorney Caleb Schillinger will argue on behalf of the Commonwealth. In a filing to the SJC, Schillinger referenced the 3 notes the jury sent during their 5 days of deliberations.
‘The jury gave no indication it had reached a unanimous verdict on any charge,’ Schillinger wrote. The notes indicated the jury was ‘hopelessly deadlocked’ and at an ‘impasse’.
If jurors are called back and questioned, Schillinger argued they ‘may feel pressured to provide responses that they believe will minimize their risk of being harmed or harassed,’ and ‘future jurors may be hesitant to express their views fully and honestly during deliberations.’
The jurors’ identities have been kept secret by the court after one expressed concern about safety if their names were to be released.
“If the SJC allows this inquiry, and all of the jurors confirmed that they were prepared to acquit on counts one and three, and nobody ever asked them. The court may very well enter a verdict in favor of Ms. Read”, Curhan said.