Experts say jurors’ questions in Karen Read’s retrial suggest they may be considering lesser charges than murder in the case of her boyfriend John O’Keefe’s death. The first set of jurors’ questions sent back to the court in Karen Read’s retrial could be a positive sign for her defense – at least as it pertains to the most serious charge she faces, experts say.
Judge Beverly Cannone read the three questions in court around 11 a.m. Tuesday. Jack Lu, a retired Massachusetts judge and Boston College law professor, stated that questions one and three are favorable for the defense, while two is neutral. All three indicate jurors are considering a lesser included charge rather than the top count of first-degree murder.
Read is accused of killing her then-boyfriend John O’Keefe in a drunken hit-and-run on Jan. 29, 2022, outside a party in Canton, Massachusetts. The defense attorney Mark Bederow noted that the questions would have been addressed if the defense motion for an amended jury slip wasn’t rejected Monday. He stated that the questions appear to focus on OUI, highlighting the problem with the count 2 slip and a repeat of what happened at the first trial.
Read’s first trial ended in a hung jury last year after jurors went more than 25 hours over four days without reaching an agreement. David Yannetti, the defense attorney, warned that the existing verdict slip has the potential to confuse the jury and cause errors, focusing on Count 2 – the drunken driving manslaughter charge.
Read addressed her drinking in the hours before O’Keefe’s death in a documentary interview played at trial. Her blood-alcohol level was estimated to be around .09% when she was hospitalized for a mental health check following the discovery of O’Keefe’s remains. Nine hours earlier, at the time of his death, it was estimated to be significantly higher, although the defense argued she could have continued to drink after returning home.
Read faces up to life in prison if convicted on the most severe charge – second-degree murder. Some of the OUI-related charges also carry multi-year penalties, Grace Edwards, a Massachusetts defense attorney who is following the case, said.