Karen Read’s retrial: Jurors ask questions about evidence, verdict slip. Here’s how the judge ruled
Lawyers in Karen Read’s murder retrial were called back into court on Tuesday morning after deliberating jurors came forward with questions about evidence in the case and a verdict slip.
Norfolk Superior Court Judge Beverly Cannone called the defense and prosecution back to the courtroom shortly before 11 a.m. and informed them that the jurors had the following three questions:
What is the timeframe for the OUI charge, 12:45 a.m. or 5 a.m.?
Are video clips of Karen Read evidence, and how do we consider them?
Does convicting guilty on a sub-charge convict on the overall charge? (In reference to the manslaughter OUI charge)
After Read’s lawyers and special prosecutor Hank Brennan were given an opportunity to discuss the questions in court, Cannone issued a rulings on all three of them.
Read attorney Jackson argued that no specific time should be given to the jury related to the OUI charge and asked that they be told they have all the evidence. While Brennan wanted the time of 12:45 a.m. assigned to the charge, Cannone sided with Jackson.
In regard to question two, Cannone said she would tell the jury, “Yes, the videos are evidence. You should weigh the defendant’s statements in the videos as you would any other piece of evidence and give them whatever weight you deem appropriate.”
Cannone, in regard to question 3, also agreed to amend the language in the verdict slip for count 2: 2282 CR117 – Offense 002 – Manslaughter while Operating a Motor Vehicle under the Influence of Liquor.
“I’ve amended the verdict; it’s the exact same verdict slip, but it’s a little bit easier for you to follow,” Cannone told the court as she issued the amended copy to the jury.
Cannone’s amendment comes a day after she denied a request from Read’s lawyers that sought to change the language.
The defense argued in its Monday motion that the verdict slip on Read’s second charge of manslaughter while operating under the influence of liquor was unclear.
In the filing, Read’s lawyers asked the court to add a “not guilty box” on the lesser included charges, since there is only one “not guilty” option on the slip that applies to all of count two, compared to four guilty options.
“The current jury verdict slip has the real potential to confuse the jury and cause errors,” the defense motion states. “The form doesn’t explain the process the jury should follow while completing it.”
After Cannone agreed to amend it, Jackson said, “I appreciate the effort that the court went to to amend the verdict slip as it relates to count two.”
Cannone called the jurors back to the courtroom after she amended her instructions for them and provided them with answers to their questions, as the court agreed upon.
Cannone instructed the jurors that if they check any box to stop, sign the verdict slip, essentially limiting one decision only on the slip. She then asked if the instruction was clear. The jurors nodded and were sent back out to continue their deliberations.
Read, 45, of Mansfield, is accused of striking John O’Keefe, 46, with her Lexus SUV and leaving him to die alone in a blizzard outside of a house party in Canton at the home of fellow officer Brian Albert on Jan. 29, 2022, following a night of drinking.
Throughout her second trial, the prosecution’s theory of jaded love turned deadly was countered by a defense claim that a cast of tight-knit Boston area law enforcement killed a fellow police officer.
Read’s lawyers argued that O’Keefe was beaten, bitten by a dog, then left outside Albert’s home in a conspiracy orchestrated by the police that included planting evidence against Read.
Read’s first trial ended in a mistrial after five days due to a hung jury on July 1, 2024. Several jurors later came out to say that the panel had unanimously agreed that Read was not guilty of the most serious charge of second-degree murder.
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