Karen Read returning to court for crucial hearing on what happens next in case

DEDHAM - Karen Read will be back in court Monday afternoon for a crucial hearing on how her case will go forward after her trial ended in a mistrial three weeks ago.

Read is accused of drunkenly running down her boyfriend, Boston police officer John O'Keefe, with her SUV in January 2022 and leaving him to die in a snowstorm in Canton, Massachusetts. She's been charged with second-degree murder, manslaughter while operating under the influence and leaving the scene of bodily injury or death.

Karen Read charges

Since the mistrial, her attorneys have filed motions to get two of the charges - murder and leaving the scene - thrown out. They claim some jurors have come forward saying they reached unanimous verdicts of not guilty on those two charges during their deliberations.

Prosecutors called Read's attempt to get the two charges dismissed " sensational " and that it lacks merit.

Karen Read juror speaks

WBZ-TV spoke to a juror Monday who confirmed the jury was unanimous on the murder and leaving the scene charges for acquittal and that they were hung on the lesser included charges under manslaughter.

The jurors said the final vote on that charge was nine guilty to three not guilty.

The jury considered being more specific in their notes to the judge but they were not clear in how they were supposed to communicate their unanimous decision on the two charges.

Karen Read hearing

Legal analyst Jennifer Roman said Monday's hearing is two-fold.

"We have the defense team wanting to argue their motion that the jurors should be polled, so that, potentially, they can knock out the most serious charge, the murder charge, as well as the leaving the scene," she told WBZ-TV.

"Then we have the secondary component of it, which is the scheduling. If the prosecution decides to still go forward, what are the trial dates going to be? By Massachusetts law, they have to be, the case has to be re-tried within a year, so by July 1 of 2025."

So what will happen when both sides return to Norfolk Superior Court in Dedham Monday at 2 p.m?

"The defense is going to be able to argue their motion first because they're the moving party. So the defense is going to argue, we have five jurors come forward, have said they had a unanimous verdict on two of the charges. We want to have you poll the jury and confirm that that's in fact, the case, and if it is the case, then enter a not guilty finding on the murder and the leaving the scene," Roman said.

"The prosecution is also going to have the opportunity to argue to say, no, they weren't unanimous, there's no need to poll this jury. This is just another... outrageous attempt by the defense to try to knock out these charges and there's nothing supporting their request."

Will there be a decision Monday? Roman doesn't think so, but added it won't take long.

"It's unlikely that the judge would rule from the bench. Something of this significance she would want to write some sort of findings with it to say why she decided the way she did. So I imagine that she'll take what we call 'under advisement' and that we'll have a ruling on it very shortly, I think within the week, because she does know that this is time-sensitive and everybody needs to regroup. Whatever the result is, the defense and the prosecution both need to regroup and plan for the next trial."

Karen Read jury may return

Roman believes all twelve jurors will have to return to court at least one more time after Monday's hearing.

"I think the judge almost has to pull the jury back and poll them, because it creates an issue for the defendant known as a double jeopardy issue, which means she can't be tried twice for the same charges stemming from the same set of facts. And that's what the defense is hanging their hat on," she told WBZ.

"The judge has to find a balance between protecting the public, but also ensuring that the defendant has a fair hearing and where we've had not one or two, but five jurors reportedly coming forward and saying they had a unanimous verdict, I think the judge has to poll them, has to find out if it truly was unanimous on those two charges, and if it was a unanimous verdict of not guilty, I think justice is going to require her to enter a not guilty finding on those two charges, which would leave the prosecution with the involuntary manslaughter charge, still a very serious charge, but certainly not as serious as the murder charge."

"If the judge does decide to poll the jury and the jury does say, yes, we were unanimous on those two charges, then Karen Read, in a sense, gets a victory, right. The most serious charge is knocked out, the other charge - leaving the scene - is knocked out. So now she's left with a negligence claim, basically, of a manslaughter."

Karen Read second trial

Once the judge decides on the charges, the prosecution will have to decide if they will go forward with a second trial.

"It looks like we will be going through this whole thing over again, because we have to remember that even if just the manslaughter charge survives, you still have the same facts, the same evidence that needs to come in because the prosecution still needs to explain through witnesses what they think happened and what their theory of the case is and ultimately prove, beyond a reasonable doubt, that she was under the influence of alcohol, acted in a negligent manner, which resulted in his death," Roman said.

"That means all those state witnesses, all that same testimony is going to need to come forth again. So, we could be looking at another nine-week trial, even though it's not a murder case any more."

Karen Read attorneys

A second trial will cost the prosecution and Read more money. Is it something that she can afford?

"The question of whether or not she can afford it is probably the bigger question. We know she's listed her house for sale, which presumably is to help pay for legal fees, if she hasn't been living there and she can't afford the maintenance and the upkeep anymore, why not sell it and take that cash to pay attorneys? But, she could certainly keep the same attorneys. I would imagine she will keep the same attorneys, they did a very good job for her all throughout this case and I don't see any reason why she would want to change them," Roman said.