When could judge in Karen Read murder trial declare a mistrial?

DEDHAM, Mass. — Deliberations in the Karen Read murder trial will resume Monday morning after jurors on Friday informed the judge that they couldn’t agree on a unanimous verdict, only to be ordered to keep trying.

Read, 44, of Mansfield, is accused of hitting her Boston police officer boyfriend John O’Keefe with her car and leaving him for dead in the snow in Canton in January 2022, but the defense has made a case that she is being framed.

Monday marks the fifth day of deliberations after jurors were handed the case last week following closing arguments.

On Friday, those jurors sent the judge a note saying that despite an exhaustive review of the evidence and diligent consideration, they had been unable to reach a unanimous verdict.

Judge Beverly Cannone called this a long case with 74 witnesses, 657 exhibits, and very complex issues. She said she’s not prepared to find that there have been due and thorough deliberations at this point.

Boston 25 legal analyst Peter Elikann broke down Cannone’s remaining options if jurors remain deadlocked:

What options does Judge Cannone have in terms of pressing the jury to reach a verdict and at what point does she call it off and declare a mistrial?

“There’s only so much that she can do. She can encourage them, she can send them back a couple of times,” Elikann said. “They have had it where jurors are deadlocked, they go back and try to work it out, and it does work out. However, at some point, you have to throw in the towel.”

Will the judge issue a Tuey-Rodriguez charge?

If a verdict isn’t reached, Elikann noted that at some point, Cannone would have to issue the Tuey-Rodriguez charge. It is appropriate for the judge to give such a charge when the jury is deadlocked, but because it “has a certain ‘sting’ to it,” it should not be given prematurely, according to the Commonwealth.

“She will have to give them what’s called the Tuey-Rodriguez charge at some point, which is sort of a last-ditch effort to encourage them, prod them,” Elikann explained. “You don’t have to be absolutely certain, just beyond a reasonable doubt.”

Does the judge talk to the jury at all during the deliberations, pop into the jury room to get a sense of what’s going on or does she just work off of what the foreman is telling her in court?

“That’s all she can do. She can not get involved. She can’t even say, ‘Where are you guys on this?’ Right now we’re in the dark,” Elikann said.

How do you look at a hung jury, is it a bit of a win for the defense?

“Normally it is considered a win. Anything other than you being convicted is usually great,” Elikann said. “On this one though I think there were high expectations. I have a feeling the public really had a sense that there was way too much reasonable doubt and they really didn’t nail down the case.

Is this case going to wrap up by Monday or Tuesday or will it go past the Fourth of July weekend?

“So far this jury has proved to be diligent and conscientious,” Elikann said. “I have a feeling they will take it seriously and go as far as they have to.”

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