BOSTON (AP) — Prosecutors have called on the state's highest court to allow them to retry Karen Read for murder in the death of her Boston police officer boyfriend, arguing against defense claims that jurors had reached a verdict against some of her charges before the judge declared a mistrial.
Read is accused of ramming into John O’Keefe with her SUV and leaving him to die in a snowstorm in January 2022. Read’s attorneys argue she is being framed and that other law enforcement officers are responsible for O’Keefe’s death. A judge declared a mistrial in June after finding that jurors couldn’t reach agreement. A retrial on the same charges is set to begin in January.
In a brief filed late Wednesday to the Massachusetts Supreme Judicial Court, prosecutors wrote that there's no basis for dismissing the charges of second degree murder and leaving the scene of the accident.
There was “no viable alternative to a mistrial,” they argued in the brief, noting that the jury said three times that it was deadlocked before a mistrial was declared. Prosecutors said the “defendant was afforded a meaningful opportunity to be heard on any purported alternative.”
"The defendant was not acquitted of any charge because the jury did not return, announce, and affirm any open and public verdicts of acquittal," they wrote. “That requirement is not a mere formalism, ministerial act, or empty technicality. It is a fundamental safeguard that ensures no juror’s position is mistaken, misrepresented, or coerced by other jurors.”
In the defense brief filed in September, Read's lawyers said five of the 12 jurors came forward after her mistrial saying they were deadlocked only on a manslaughter count, and they had agreed unanimously — without telling the judge — that she wasn’t guilty on the other counts. They argued that it would be unconstitutional double jeopardy to try her again on the counts of murder and leaving the scene of an accident resulting in death.
Oral arguments will be heard from both sides on Nov. 6.
In August, the trial judge ruled that Read can be retried on all three counts. “Where there was no verdict announced in open court here, retrial of the defendant does not violate the principle of double jeopardy,” Judge Beverly Cannone wrote.
Read’s attorney, Martin Weinberg, argued that under Cannone's reasoning, even if all 12 jurors were to swear in affidavits that they reached a final and unanimous decision to acquit, this wouldn't be sufficient for a double jeopardy challenge. “Surely, that cannot be the law. Indeed, it must not be the law,” Weinberg wrote.
The American Civil Liberties Union supported the defense in an amicus brief. If the justices don't dismiss the charges, the ACLU said the court should at least “prevent the potential for injustice by ordering the trial court to conduct an evidentiary hearing and determine whether the jury in her first trial agreed to acquit her on any count."
"The trial court had a clear path to avoid an erroneous mistrial: simply ask the jurors to confirm whether a verdict had been reached on any count," the ACLU wrote in its brief. “Asking those questions before declaring a mistrial is permitted — even encouraged — by Massachusetts rules. Such polling serves to ensure a jury’s views are accurately conveyed to the court, the parties, and the community — and that defendants’ related trial rights are secure.”
Prosecutors said Read, a former adjunct professor at Bentley College, and O’Keefe, a 16-year member of the Boston police, had been drinking heavily before she dropped him off at a party at the home of Brian Albert, a fellow Boston officer. They said she hit him with her SUV before driving away. An autopsy found O’Keefe had died of hypothermia and blunt force trauma.
The defense portrayed Read as the victim, saying O’Keefe was actually killed inside Albert’s home and then dragged outside. They argued that investigators focused on Read because she was a “convenient outsider” who saved them from having to consider law enforcement officers as suspects.
The lead investigator, State Trooper Michael Proctor, was relieved of duty after the trial revealed he’d sent vulgar texts to colleagues and family, calling Read a “whack job” and telling his sister he wished Read would “kill herself.” He said his emotions had gotten the better of him.
FILE — Karen Read listens to testimony during her trial at Norfolk County Superior Court, May 17, 2024, in Dedham, Mass. (AP Photo/Charles Krupa, Pool, File)
ASHEVILLE, N.C. (AP) — Early in-person voting began statewide Thursday in the presidential battleground of North Carolina, including in mountainous areas where thousands of potential voters still lack power and clean running water after Hurricane Helene's epic flooding.
More than 400 locations in all 100 counties were slated to open for the 17-day early vote period, said State Board of Elections Executive Director Karen Brinson Bell. Only four of 80 sites in the 25 western counties hardest hit by the storm weren't going to open.
Helene’s arrival three weeks ago in the Southeast decimated remote towns throughout Appalachia and killed at least 246 people, with a little over half of the storm-related deaths in North Carolina. It was the deadliest hurricane to hit the U.S. mainland since Katrina in 2005.
At the South Buncombe Library in Asheville, a city devastated by the storm, about 60 people — most bundled up in jackets, hats and gloves for the chilly weather, lined up around the building before the polls opened at 9 a.m.
They included 77-year-old Joyce Rich, who said Helene made early voting more urgent for her. Rich said while her house was largely spared by the storm, she and her husband still need to do some work on it. Meanwhile, family members who don’t have power or water access are coming over to take showers.
“We decided, let’s just get it finished,” Rich said. “You never know what’s going to happen.”
Another voter at the library, 33-year-old Jarred Teague, said it was important to show up to vote early, in part because “democracy itself seems to be on the line” during this election.
Early in-person voting, which continues through Nov. 2, is very popular in North Carolina. More than 3.6 million ballots — 65% of all cast ballots — were cast this way in the 2020 general election. In the 2016 election, 62% of all cast ballots were cast during early in-person voting.
Absentee voting in North Carolina began a few weeks ago, with over 67,000 completed ballots turned in so far, election officials said. People displaced by Helene are being allowed to drop off their absentee ballot at any early voting site in the state.
The importance of early voting wasn’t lost upon the presidential campaigns of Vice President Kamala Harris and former President Donald Trump.
On Thursday, Democratic vice presidential nominee Tim Walz was expected to campaign in Winston-Salem and in Durham, where he was to be joined by former President Bill Clinton.
South Dakota Gov. Kristi Noem, U.S. Sen. Cindy Hyde-Smith of Mississippi and Republican National Committee Chairman Michael Whatley were expected to appear on the “Team Trump Bus Tour” when it resumes Thursday in Rutherford County, which was among the hardest-hit areas.
The North Carolina ballot also includes races for governor, attorney general and several other statewide positions. All U.S. House and General Assembly seats also are up for reelection.
County election boards have received flexibility to modify early voting sites, including locations and their daily hours. In Buncombe County, 10 of the 14 planned early voting sites will be open.
In Watauga County, home to Boone and Appalachian State University, the board adjusted early-voting hours to avoid evening travel for voters and poll workers. They also expanded weekend voting options.
Watauga elections Director Matt Snyder said Wednesday having all six sites ready for Thursday was a feat his office didn’t expect in Helene’s immediate aftermath. But election officials have been working weekends to get prepared.
“It’s exhausting,” Snyder said. “It’s 16-hour days ... but everybody seems to pitch in.”
Officials in the 25 counties affected by the storm were still evaluating Election Day polling locations, with the “vast majority” expected to be available to voters, Brinson Bell said.
This is the first presidential general election for which North Carolina voters must show photo identification. Someone who has lost their ID because of the storm can fill out an exception form.
Associated Press writers Gary D. Robertson in Raleigh, North Carolina; Christina A. Cassidy in Atlanta; and Christine Fernando in Chicago contributed to this report.
A poll worker hangs up signs at an early in-person voting site at Asheville-Buncombe Technical Community College, Wednesday, Oct. 16, 2024, in Marshall, N.C. (AP Photo/Stephanie Scarbrough)
Poll workers set up ballot-marking machines at an early in-person voting site at Asheville-Buncombe Technical Community College, Wednesday, Oct. 16, 2024, in Marshall, N.C. (AP Photo/Stephanie Scarbrough)
Poll workers set up ballot-marking machines at an early in-person voting site at Asheville-Buncombe Technical Community College, Wednesday, Oct. 16, 2024, in Marshall, N.C. (AP Photo/Stephanie Scarbrough)
A ballot-marking machine is seen at an early in-person voting site at Asheville-Buncombe Technical Community College, Wednesday, Oct. 16, 2024, in Marshall, N.C. (AP Photo/Stephanie Scarbrough)
