MISTRIAL MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #17

[TIGER0822]

Subdivision (d)

This subdivision is based upon Fed.R.Crim.P. 31(d), but differs in that the polling of the jury is to be discretionary with the court rather than a right of the defendant so as to conform to existing Massachusetts practice. That this discretion is well-settled in the Commonwealth was recently reaffirmed in Commonwealth v. Stewart , 375 Mass. 380 (1978). See also Commonwealth v. Valliere , 366 Mass. 479, 497 (1974); Commonwealth v. Caine , 366 Mass. 366, 375 (1974); Commonwealth v. Fleming , 360 Mass. 404, 408 (1971) (jurors polled); Commonwealth v. Beneficial Finance Co., supra, at 300-301. Under Rule 31 of the Federal Rules of Criminal Procedure and under the ABA Standards Relating to Trial by Jury § 5.5 (Approved Draft, 1968), a jury is to be polled only at the request of a party or upon the court's own motion. In any case, where a jury has been polled and there is not a unanimous concurrence, compare Commonwealth v. Fleming, supra, or it appears that the verdict was a compromise or other serious doubts are raised as to its integrity, see Commonwealth v. Stewart, supra, the court may declare a mistrial, or alternatively, order further deliberations. Accord, Rules of Criminal Procedure (U.L.A.) Rule 535(e) (1974).

https://www.mass.gov/rules-of-criminal-procedure/criminal-procedure-rule-27-verdict

If I interpret this correctly, legally the judge is on solid ground. And the Defendants Attorney did not request the poll. Not good .

 

[TIGER0822]

If the FBI fully accept these reports as as close to factual that can be obtained and the jury does not, what then?

Not a great indicator of jury deliberations.

 

[ch_13]

If I interpret this correctly, legally the judge is on solid ground. And the Defendants Attorney did not request the poll. Not good .

If the judge refuses to allow the jury to be questioned on whether they'd reached a verdict on those two counts, then I'm sure the defense will appeal. The existing case law is not conclusive and adding Weinberg to their defense team indicates to me that they expect a long fight. That means that the retrial will be put on-ice, perhaps for years as the appellate process grinds on. This is a case that could easily wind up at the highest level state court.

But also, events could make the appeal moot. The Feds might drop the hammer and arrest some of the police for tampering with evidence or other crimes. Or Morrissey might not be reelected as DA in 2026, and a new DA might have a very different view of how this case should be handled. Or there might be new evidence that's uncovered, people might decide to talk, etc. The longer the wait the better it is for the defense.

 

[cocomod]

Only 4 prosecutors have ever been disbarred in all of American history.

I am sorry, I think this statistic is completely wrong.

 

[kae27]

I am sorry, I think this statistic is completely wrong.

Agreed.

 

[TIGER0822]

If the judge refuses to allow the jury to be questioned on whether they'd reached a verdict on those two counts, then I'm sure the defense will appeal. The existing case law is not conclusive and adding Weinberg to their defense team indicates to me that they expect a long fight. That means that the retrial will be put on-ice, perhaps for years as the appellate process grinds on. This is a case that could easily wind up at the highest level state court.

But also, events could make the appeal moot. The Feds might drop the hammer and arrest some of the police for tampering with evidence or other crimes. Or Morrissey might not be reelected as DA in 2026, and a new DA might have a very different view of how this case should be handled. Or there might be new evidence that's uncovered, people might decide to talk, etc. The longer the wait the better it is for the defense.

It appears that the judge and the AG are very firmly on the same page, and that they favor the prosecutor. I think it will be an uphill battle. MOO

 

[Pipersand]

I am a lawyer (law professor) in Canada, and my husband is a prosecutor. We have discussed this crazy situation and both of us are adamant that regardless of any interpretation of the rules and common law, ethics apply here.

If there is evidence the jury may have reached a unanimous (but unreported) verdict on charges #1 and #3, the CW should seek that confirmation. The CW should agree to conduct an inquiry (not into deliberations, but into the jurors' understanding that a unanimous verdict was reached). If 12 jurors confirm that truth, the CW should respond accordingly: proceed with charges on count #2 only.

Our understanding of justice is that ethics demand this. Justice is greater than retribution, and greater than any political will.

Just saying.

 

[Seattle1]

Only 4 prosecutors have ever been disbarred in all of American history.

What is your source to cite 4 in all of American history?

I presume OP might be referring to a specific state such as MA since I can think of two prosecutors in my own state alone recently disbarred.

 

[Seattle1]

Prosecutors respond to Karen Read defense team’s motion to dismiss charges - Boston News, Weather, Sports | WHDH 7News

DEDHAM, MASS. (WHDH) - Prosecutors fired back at Karen Read’s defense team Friday, responding to a recent motion from the defense to dismiss two of<a class="excerpt-read-more" href="https://whdh.com/news/prosecutors-respond-to-karen-read-defense-teams-motion-to-dismiss-charges/">Read More</a>

whdh.com

7/12/24

DEDHAM, MASS. (WHDH) - Prosecutors fired back at Karen Read’s defense team Friday, responding to a recent motion from the defense to dismiss two of three charges against Read.

[..]

In their response, though, lawyers for the Norfolk County District Attorney’s Office argued the defense motion “is premised upon hearsay, conjecture, and legally inappropriate reliance as to the substance of jury deliberations.”

[..]

Prosecutors said conversations between attorney Alan Jackson and two jurors that the defense referenced in its motion were inappropriate.

Prosecutors also pushed back on a defense request that Cannone investigate their claims.

 

[kittythehare]

Prosecutors respond to Karen Read defense team’s motion to dismiss charges - Boston News, Weather, Sports | WHDH 7News

DEDHAM, MASS. (WHDH) - Prosecutors fired back at Karen Read’s defense team Friday, responding to a recent motion from the defense to dismiss two of<a class="excerpt-read-more" href="https://whdh.com/news/prosecutors-respond-to-karen-read-defense-teams-motion-to-dismiss-charges/">Read More</a>

whdh.com

7/12/24

DEDHAM, MASS. (WHDH) - Prosecutors fired back at Karen Read’s defense team Friday, responding to a recent motion from the defense to dismiss two of three charges against Read.

[..]

In their response, though, lawyers for the Norfolk County District Attorney’s Office argued the defense motion “is premised upon hearsay, conjecture, and legally inappropriate reliance as to the substance of jury deliberations.”

[..]

Prosecutors said conversations between attorney Alan Jackson and two jurors that the defense referenced in its motion were inappropriate.

Prosecutors also pushed back on a defense request that Cannone investigate their claims.

#LegallyInappropriate.. that's funny coming from people who rushed this trial through, put clowns on the stand and highly legally inappropriate prosecutors..


They're playing hardball now, Morrissey's path to hell..

 

[Wishbone]

Watching Day 13. Matt McCabe is a weird dude. He thinks he's funny but he's just irritating imo.
He seemed to have his testimony well-prepared.
What I don't understand is how he saw BH's jeep in between Ryan Nagel's truck and Karen Read's SUV when Ryan, Julie, the driver and Heather never saw a jeep there. How can that be!
(on video around 3:48).

If I'm not mistaken, only a few unbelievable people even talk about the jeep being at the house that night. So, I have my doubts that it was there at all. It's possible that BH was driving something else and the jeep is nothing more than a red herring. I just can't bring myself to take anything at face value that these people have to say. JMOO

 

[ShadyLady]

It appears that the judge and the AG are very firmly on the same page, and that they favor the prosecutor. I think it will be an uphill battle. MOO

If I'm not mistaken, only a few unbelievable people even talk about the jeep being at the house that night. So, I have my doubts that it was there at all. It's possible that BH was driving something else and the jeep is nothing more than a red herring. I just can't bring myself to take anything at face value that these people have to say. JMOO

Makes the whole timeline suspect, imo.

And why do I think JM was ringleader? Rounding up all the players. At least on the coverup. Maybe it was husband that attempted to clean up phones.

 

[TIGER0822]

#LegallyInappropriate.. that's funny coming from people who rushed this trial through, put clowns on the stand and highly legally inappropriate prosecutors..


They're playing hardball now, Morrissey's path to hell..

And an attorney General reading out info. written by the prosecutor. MOO. No wonder AJ was not walking away from this case

 

[kittythehare]

And an attorney General reading out info. written by the prosecutor. MOO. No wonder AJ was not walking away from this case

yep.
and I reckon it's just the tip of the iceberg...
there's all those other cases..
Sandra, murder by cop, passed off as suicide, no DNA on foetus she was carrying..
This is serious hardcore corruption and it feels like its endemic.
This is what makes me wonder what JOK knew and whether it's attributable to his murder?

 

[OldCop]

If I'm not mistaken, only a few unbelievable people even talk about the jeep being at the house that night. So, I have my doubts that it was there at all. It's possible that BH was driving something else and the jeep is nothing more than a red herring. I just can't bring myself to take anything at face value that these people have to say. JMOO

Every vehicle that was alleged to have been at 34 Fairview that night and every vehicle owned by people known to have been there that night should have been examined for damage. Why weren’t they? Because MP decided, likely with a push from the party goers, that KR is the one who should be blamed for JOK’s death.
Let’s not forget BH’s convoluted story about moving cars around in the Canton PD parking lot in the middle of the night.

 

[TTF14]

Let’s not forget BH’s convoluted story about moving cars around in the Canton PD parking lot in the middle of the night.

Do you have a theory about what he was doing, and why?

 

[geevee]

The case against Alec Baldwin for the shooting on the Rust set was just dismissed by the judge with prejudice. This was because the prosecution failed to give one particular piece of evidence over to the defense. It wouldn't have proven he didn't have the gun and didn't fire the gun, but nevertheless, it was evidence withheld. This could have and should have happened in this case IMVHO. This judge was completely different - and turned a blind eye to many, many things on the prosecution side! Again, JMVHO

IMO the same should have happened in this case once it was verified the sally port video, which had been shown to the jury, had been inverted. That this judge allowed the CW to get away with that just blew my mind.

 

[Misy]

The July 22nd hearing is to address “next steps”. What would those be? The cw might announce they’re trying her again? Tia

 

[OldCop]

Do you have a theory about what he was doing, and why?

I think he was keeping tabs on what, if anything, (pun intended), was happening as regards to JOK. Were any reports/calls coming in? Had a neighbor reported anything? Had one of the party goers reported anything? Had Karen Read reported anything?
Had the body been discovered?

I still think BH’s Jeep with a plow had some role in either the event itself or the coverup. Too much was bandied about as far as that jeep. It was there. It wasn’t there. It was in the driveway. It plowed the driveway, even though there was no snow to plow at that point. It backed out of the driveway to make room for another vehicle. It parked by the mailbox.
Is there any chance JOK’s body was carried from the house into the jeep while it was at the top of the driveway and then backed down so it could be moved onto the lawn, shielded by the Edge, when most of the party goers had left? The Edge was left on the street until enough snow accumulated to hide the body.
Why would the body be left on the lawn instead of taken away somewhere? They were all drunk. All though it was late and the storm was getting worse, and few people were on the roads, a vehicle stopped in a populated area on a stormy night would draw attention. No one wanted to be caught with a dead body in their car.
To their booze fuddled brains, it sounded like a great idea.

“After leaving the Albert home, Higgins said he went to the Canton Police Department, where he had an office and stored his ATF vehicles. He said he went there to move his work vehicles to a different area of the parking lot so the lot could be plowed that night.”
What a thoughtful guy!

ATF agent Brian Higgins testifies in Karen Read trial

ATF agent Brian Higgins testified in the Karen Read trial Friday, spending hours on the stand between the prosecution and defense questioning.

www.nbcboston.com

 

[OldCop]

The July 22nd hearing is to address “next steps”. What would those be? The cw might announce they’re trying her again? Tia

If they had any decency at all, their next steps would be to waltz right out the door.