A Plymouth County Superior Court Judge is deciding if a wrongful death lawsuit filed against Karen Read by the family of Boston Police Officer John O’Keefe will proceed as scheduled.
Lawyers for Read and the O’Keefe family appeared in a Brockton courtroom to debate that issue Monday afternoon.
Read has asked that the civil suit be “stayed” or postponed until her criminal case is complete.
In August, the O’Keefe family sued Read and two Canton bars she and O’Keefe were drinking at in the hours before O’Keefe’s death in January 2022.
The suit does not state the dollar amount the family is seeking. Instead, it demands, “…costs, compensatory and punitive damages, lost value of next of kin and any other relief this Court deems appropriate.”
In a separate criminal case in Norfolk County, Read faces a 2nd-degree murder charge for O’Keefe’s death. Prosecutors have alleged she struck him with her SUV and left him in a snowstorm. Read’s lawyers have long argued that she’s been framed by law enforcement and people identified as witnesses in the case.
Attorney William Keville Jr. represents Read in the civil case. In open court, Keville said that Read would have to defend herself on two fronts at the same time if the civil suit is not delayed. Keville said Read’s 5th amendment privilege, or right to not incriminate herself, would be violated if she was deposed or questioned in the civil case before her criminal trial ends.
“Proceeding with the civil matter will adversely affect Ms. Read’s 5th amendment rights,” Keville told a Judge, “Without a stay, Ms. Read will be forced to decide between defending herself in the civil action and waving her 5th amendment rights.”
Attorney Marc Diller represents the O’Keefe family. He says Read has already forfeited her 5th amendment right by providing interviews to Dateline NBC, ABC’s 20/20 and Vanity Fair.
“What you’re seeing your honor is unprecedented, as far as I’m concerned, as far as the history of civil cases. Karen Read is overtly weaponizing the 5th amendment to her advantage,” Diller said.
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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
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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
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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
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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
Diller suggested the strength of the civil suit is strong based on filings by Read’s criminal attorneys that indicated 8 jurors were prepared to find Read guilty of manslaughter in her first trial before the trial ended without any verdicts. A mistrial was declared on July 1 when the jurors indicated they were at an impasse and could not reach a consensus,
Diller accused Read of self-promotion and told the Judge he should be able to depose, or question Read, before her retrial begins.
“This is a wrongful death case because what happened to John O’Keefe was wrongful,” Diller said.
A ruling on the requested delay of the civil proceedings is expected at any time.
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