The Massachusetts Supreme Judicial Court (SJC) will determine if jurors who sat through Karen Read’s trial for the death of John O’Keefe in Canton will be questioned about their deliberations.
Read’s appellate attorney Martin Weinberg told the 7 SJC Justices Wednesday morning that an inquiry of the jury should be the first step in Read’s bid to get her 2nd-degree murder charge dismissed.
The Justices peppered Weinberg with questions about the 3 notes the jury sent during deliberations stating they were deadlocked. None of the notes indicated verdicts had been reached.
“You’ve got an exhausted jury writing this very eloquent message saying we’ve done our best. We haven’t been able to reach a verdict on the charges. There’s no inkling in that that they’ve reached verdicts… right?” Justice Scott L. Kafker asked Weinberg.
Justice Frank M. Gaziano asked, “How do we say it was an acquittal without a verdict in open court and no verdict slip?”
Weinberg responded, “I think you say that there was a unanimous decision made by the jury that is subject to the proof that would come from a post jury voir dire.”
A voir dire is an examination of a witness or a juror by a judge or counsel.
Weinberg argued a poll of the jury will show the panel reached ‘not guilty’ verdicts on murder 2 and leaving the scene of a deadly crash. He said 4 jurors have come forward post-trial to say they were only hung on Read’s manslaughter charge.
“I thought they were extraordinarily intelligent. They obviously know the facts extremely well. They’re interested. It was an active bench, which all bodes well for us,” Read’s Los Angeles-based trial attorney Alan Jackson said about the Justices’ questions.
Norfolk County Assistant District Attorney Caleb J. Schillinger said it would be improper and against legal precedent to question the jury.
He told the Justices, “This jury has been discharged now for more than four months. It has been subject to extraneous influences, potentially including harassment,” and “It’s not simply a matter of bringing a jury back and trying to ask them a yes or no question. That’s not how juries reach verdicts. We ask them to engage in group decision making, collective discussion, review of the evidence.”
The SJC will issue a written decision that could take 4 months before its published.
John O’Keefe’s brother Paul and mother Peg did not speak to reporters after the hearing.
Read’s father William said, “we’ll stay committed. We’ve got great lawyers. My daughter is committed firm and factually innocent.”
In a late filing on Wednesday afternoon, the Commonwealth filed a motion for all audio recordings, interview notes, emails, text messages, and voicemails in the possession of Gretchen Voss, a Boston Magazine reporter, and/or MetroCorp.
They also ordered that Judge Beverly Cannone, who ruled on the first trial, be specially assigned to hear the case.
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