DEDHAM, Mass. — Karen Read, the woman accused in the death of her boyfriend, Boston Police Officer John O’Keefe, was back in court on Tuesday morning for a hearing in her murder case as her attorneys sought to get her criminal charges dropped.
Her defense team, led by attorney Alan Jackson, presented a motion to dismiss the second-degree murder case against Read in Norfolk County Superior Court in Dedham.
She is accused of running down John O’Keefe in reverse with her Lexus SUV in Canton but an accident reconstructionist hired by the FBI found O’Keefe’s injuries did not appear to be from a car strike.
“The damage on the car was inconsistent with having made contact with John O’Keefe’s body. In other words, the car didn’t hit him, and he wasn’t hit by the car. Period. Full stop,” Read’s attorney Alan Jackson said.
WATCH LIVE: Karen Read, woman charged in murder of police officer boyfriend, returns to court.WATCH LIVE: Karen Read, woman charged in murder of police officer boyfriend, returns to court.
Posted by Boston 25 News on Tuesday, March 12, 2024
Jackson revealed that and other findings from 3074 pages of documents The U.S. Attorney’s Office for Massachusetts turned over last month from the federal probe of her arrest and prosecution.
He told Judge Beverly Cannone that the federal investigation found inconsistencies and conflicts that should lead to the dismissal of her second-degree murder case.
The defense claims O’Keefe was beaten and attacked by a dog inside the former Canton home of another Boston police officer named Brian Albert in a wide-ranging cover-up involving local and state law enforcement.
Jackson said State Police Detective Michael Proctor, the lead detective assigned to investigate O’Keefe’s death, had a personal relationship with members of the Albert family that was not disclosed to the state grand jury that indicted Read.
“It’s not lost on anybody in this courtroom that for two years the Commonwealth has been denying it,” Jackson said.
Jackson said text messages analyzed in the federal investigation reveal that one of the Albert’s offered to buy Proctor a gift when the case against Read was over.
Norfolk County Assistant District Attorney Adam Lally accused the defense of inflating the relationships of police and witnesses to distract from Read’s alleged guilt.
“It’s a three-card Monte trick. You know, card trick. On the corner, on the side. Look at all of this. Look at, this relationship. Look at that relationship. Conflating these relationships, sort of the distortion that I would say between what exists in social media realm and what exists in reality,” Lally said.
An FBI analysis of a phone belonging to Brian Albert’s sister-in-law, Jennifer McCabe, determined she searched “hos long to die in cold” at 2:27 am, hours before she called 911 to report that O’Keefe’s body had been found outside the Albert home, according to Jackson.
“The United States Federal Bureau of Investigation also specifically confirms that that search was made on Jennifer McCabe’s phone, and it was made on or before 2:27 (am)… That fact, Your Honor, is no longer open for debate. And none of that was presented before the (state) grand jury,” Jackson explained.
The defense first brought up McCabe’s Google search in April 2023 and this is the first time a law enforcement agency has corroborated the findings.
Prosecutor Lally said the federal investigation found no indication of a cover-up or evidence that O’Keefe entered the Albert home. He said grand jury minutes from the federal investigation are largely consistent with the state’s case.
“42 separate witnesses, 56 exhibits, over 1,400 pages of transcript which clearly demonstrate and indicate that the defendant, Karen Read, killed John O’Keefe,” Lally said.
Following the hearing, Alan Jackson told Boston 25 reporter Ted Daniel he is planning to introduce more evidence from the federal investigation in new filings.
Judge Cannone must rule on the defense’s motion to dismiss. If she denies the motion, a trial is expected next month.
As of right now, Read’s jury trial is slated to begin on April 16, with full days on Monday, Wednesday, and Friday, and half days on Tuesday and Thursday.
Read a play-by-play of what transpired in court below:
Judge Cannone will hear defense motion to dismiss and motion for sanctions. She says she's read all the documents from the federal investigation and sees "how the (federal) investigation began"
— Ted Daniel (@TedDanielnews) March 12, 2024
Judge Cannone says she will give each side 10 minutes and will start on motion to dismiss. Read's attorney Alan Jackson is up
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson telling the Judge he thought he would have more time
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson says a Canton Police Sgt Michael Lank had a long standing relationship with Chris Albert and aided Chris Albert in a bar fight in 2002. He says Lank was the first to walk in Brian Albert's house after O'Keefe's body was found.
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson says Lank has a history of "shielding" the Alberts
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson now turning to Trooper Michael Proctor and his relationship with the Alberts. 10 days before O'keefe's death he says Proctor texted about having an Albert babysit for his family
— Ted Daniel (@TedDanielnews) March 12, 2024
3 days after O'Keefe killed. Jackson says Proctor's sister texted Michael Proctor that Julie Albert wanted to give him a thank you gift "after this is over". Proctor responded get it for my wife instead according to Jackson
— Ted Daniel (@TedDanielnews) March 12, 2024
Proctor allegedly admitted to feds that he socialized with the Alberts and he told his partner that, according to Jackson.
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson says Jennifer McCabe's "Hos long to die in cold" search was not presented to the state grand jury that indicted Karen for 2nd degree murder.
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson is finished. Prosecutor Adam Lally responding now
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally says the defense has not met it's burden to dismiss the case based on the legal argument they are using. Lally says none of the alleged issues raised by Jackson "occurred in front of this grand jury"
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally says no one came out of the Albert or any house in the neighborhood, "in the dark, in a blizzard"
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally equates the defense strategy as a card trick and distraction. "One social interaction equates to a 20 year relationship"
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally says the defense has not met it's burden to dismiss the case based on the legal argument they are using. Lally says none of the alleged issues raised by Jackson "occurred in front of this grand jury"
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally: "The defendant Karen Read killed John O'Keefe"
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally speaking of the federal investigation: There's no suggestion of a cover-up and 13 witnesses confirmed that O'Keefe never entered the Albert the house. There was no fight and no dog attack.
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally: Julie Albert provided childcare for Trooper Proctor's sister but never for Proctor.
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally says one FBI expert found McCabe's search occured at 2;27am but he says others including person who created the Cellebrite software determined it happened after O'Keefe's body was found
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson: The Feds hired a FBI ax reconstructionist who found O'Keefe's injuries are not consistent with a vehicle strike. Jackson says this is an independent government witness
— Ted Daniel (@TedDanielnews) March 12, 2024
Jackson says the integrity of the case was compromised and asks that the court to, "do what the law dictates" and dismiss the case
— Ted Daniel (@TedDanielnews) March 12, 2024
Read's attorney David Yannetti says he will be filing a further motion to dismiss alleging governmental misconduct based on the findings of the federal investigation
— Ted Daniel (@TedDanielnews) March 12, 2024
Yannetti speaking about DA Morrissey's video statement where he said the defense strategy was a "desperate attempt to reassign guilt"
— Ted Daniel (@TedDanielnews) March 12, 2024
Yannetti says he's a former prosecutor working 10 years in Middlesex. "in a million years, I couldnt imagine my former colleagues" making such a statement
— Ted Daniel (@TedDanielnews) March 12, 2024
Yannetti references #25Investigates public records request for a letter the DA's office sent to the DOJ asking that the federal investigation be moved to another district.
— Ted Daniel (@TedDanielnews) March 12, 2024
Yannetti referencing the letter Morrissey sent to DOJ Office of Professional Standards where he said former USA for MA Rachael Rollins did not like him and that was a conflict of interest in the federal probe
— Ted Daniel (@TedDanielnews) March 12, 2024
Yannetti claims DA Morrissey gave Brian Albert and Brian Higgins "permission" to destroy their phones
— Ted Daniel (@TedDanielnews) March 12, 2024
Lally responds to Yannetti's argument about DA Morrissey's public statement.
— Ted Daniel (@TedDanielnews) March 12, 2024
He says defense went on TV and worked with pro-Read blogger Aiden Kearney. He says there were 189 phone calls between Kearney and Read.
Judge Cannone says the trial will be full days M,W,F, half days T,Th. That's it for today! We wait for Cannone to rule on paper.
— Ted Daniel (@TedDanielnews) March 12, 2024
I spoke to Alan Jackson briefly outside court. He told me he thought it went well today and he says more information from their side will come out in additional filings.
— Ted Daniel (@TedDanielnews) March 12, 2024
Tuesday’s hearing came after Judge Cannone agreed to push back Read’s trial from March 12 to April 16 to give both sides time to review the findings of a new 3074-page document dump.
The prosecution said it had reviewed all the evidence from the feds, but Jackson said his team was still reviewing the information.
A big focus was on defense motions during Tuesday’s hearing.
Judge Cannone heard motions from Read’s legal team to dismiss the case and for sanctions and disqualifications against prosecutors.
Prosecutors have alleged that Read backed over her boyfriend, Officer John O’Keefe, and left him to die in a January 2022 blizzard in Canton.
She is charged with second-degree murder, motor vehicle manslaughter, and leaving the scene of a collision in connection with his death.
25 Investigates reported last month that a new filing from the prosecution indicated O’Keefe’s DNA was found on Read’s broken taillight and that testing found tiny pieces of taillight in his clothing were consistent with broken pieces from Read’s taillight.
Read’s lawyers claim she is being framed in a massive cover-up, and that feds have been investigating the probe into O’Keefe’s death.
This is a developing story. Check back for updates as more information becomes available.
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