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

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HarmonyE. said:
That's not the same as civil litigation and it isn't up to the individuals to decide whether charges are pressed. Of course, they would need to cooperate with the prosecution for the state to be successful. But I'm willing to bet the mistrial - with the state currently saying they'll re-try - keeps the criminal case against TB in limbo until after the re-trial. If there is one.

I could be very wrong, but I doubt they will actually re-try Read now with the even more glaring problems with the state police who investigated. The defense also knows the full extent of the prosecution's case now and will be far better prepared to attack it. And I can't see the CW doing any better than Trooper Joe Paul. If they could have found a decent accident reconstructionist they never would have used him the first time. The state has to know the odds of anything better than another mistrial are pretty slim.

There is nothing to stop the Alberts, McCabes and friends from filing civil lawsuits against Turtleboy for harassment, slander, and libel. There is a 3 year statute of limitations on such civil cases, so if, for example, the alleged wrongdoing happened in June of 2023, a lawsuit would have to be filed by June of 2026.

The problem with civil lawsuits is the burden shifts to the litigants to prove the tort and their subsequent damages, which is actually often difficult to do. The bar is arguably made even higher by the fact that they could be considered by the court to be "involuntary public figures" because of their involvement in the criminal case. Which means they'd have to prove malicious intent to proceed with a civil case against Turtleboy.

The biggest problem for them though would be civil depositions (which are taken under oath) where TB's attorneys could ask all sorts of wide ranging questions. Especially if Karen Read remains innocent in the eyes of the law, they'd need to be extremely careful not to perjure themselves, or worse, accidentally talk themselves into murder charges.

So long story short, we don't know why Jen hired attorney Kevin Reddington. He's mostly known these days as a criminal lawyer, but he's done a good amount of civil work in the past. I don't judge people for lawyering up whenever they feel uncomfortable in a legal setting, but perhaps she had more reason than most to feel uncomfortable?
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He’s massive bucks.
 
HarmonyE. said:
I could be very wrong, but I doubt they will actually re-try Read now with the even more glaring problems with the state police who investigated. The defense also knows the full extent of the prosecution's case now and will be far better prepared to attack it. And I can't see the CW doing any better than Trooper Joe Paul. If they could have found a decent accident reconstructionist they never would have used him the first time. The state has to know the odds of anything better than another mistrial are pretty slim.
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^^rsbm

Two things tell me that the Boston PD and local politics most likely influenced this case from the beginning.

First, on Feb 1, 2022, we have KR arrested and charged with manslaughter, presumably based on the evidence.

Second, KR is arrested again on June 9, 2022 while the Norfolk County District Attorney's Office announced that a grand jury indicted Read on a second-degree murder charge.

Was the murder charge the result of political pressure when this was clearly an overcharge? I think so. I think the CW bowed to the pressure of JOK being a policemen when her charges were upgraded -- ignoring how this was not a line of duty death.

Given the world now knows the vote of the jurors to acquit KR on 2nd degree murder and leaving the scene of a collision, I think it would be insane for the CW to refile these two charges.

However, even with glaring problems facing the MSP, I think the politics of the area will demand KR be retried for manslaughter.

If nothing else, I think the CW gained confidence knowing 9 of 12 jurors voted to convict KR of manslaughter, and won't be deterred to recharge for this offense.

IMO, the majority vote to convict on manslaughter also tells us that 9 jurors seemingly gave zero weight to the defense's expert witnesses, just as they weren't swayed by any of the other allegations by the defense including: JOK was severely beaten, Brian Albert had ties to the Canton PD, MA State Police colluded in a large scale cover up, and McCabe performed early an search on how long it took to die when exposed to the cold.

In other words, none of the above even served to create reasonable doubt in the minds of 9 jurors, and vote KR not guilty of manslaughter.

MOO
 
Seattle1 said:
^^rsbm

Two things tell me that the Boston PD and local politics most likely influenced this case from the beginning.

First, on Feb 1, 2022, we have KR arrested and charged with manslaughter, presumably based on the evidence.

Second, KR is arrested again on June 9, 2022 while the Norfolk County District Attorney's Office announced that a grand jury indicted Read on a second-degree murder charge.

Was the murder charge the result of political pressure when this was clearly an overcharge? I think so. I think the CW bowed to the pressure of JOK being a policemen when her charges were upgraded -- ignoring how this was not a line of duty death.

Given the world now knows the vote of the jurors to acquit KR on 2nd degree murder and leaving the scene of a collision, I think it would be insane for the CW to refile these two charges.

However, even with glaring problems facing the MSP, I think the politics of the area will demand KR be retried for manslaughter.
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Of course, I don't know what may have gone on behind the scenes but the Boston Police have been almost entirely silent with regard to this case. Starting from the very beginning, few if any officers from the force showed up at any of the hearings. So I'm not seeing or sensing any pressure from the Boston PD with regard to the prosecution of Read. I have thoughts on why this may be, but suffice to say my thoughts are related to the homeowner and things I've heard.

I'm not sure what you mean by "the politics of the area" demanding a retrial. Michael Morrissey is likely demanding one and as he's the county DA, that's a pretty powerful vote. But beyond him, I don't think there is much appetite for a retrial anywhere else. I think if even Lally had an anonymous vote, it would be a big "Pass", he'll gladly take the tie.

I personally think the upgrade of charges to murder was because the CW didn't want this to go to trial at the time and figured Read would be much more inclined to plead guilty to manslaughter with a murder charge hanging over her. It's not an unusual tactic around here, but Read, unlike so many other defendants, had the means to afford a solid defense team.
 
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HarmonyE. said:
I'm not sure what you mean by "the politics of the area" demanding a retrial. Michael Morrissey is likely demanding one and as he's the county DA, that's a pretty powerful vote.
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Morrissey is exactly who I was referring to. Gatekeeper where all roads come, go, and circle.

Morrissey was already the the focus of a US District Attorney investigation before JOK death, and following his death, he became the target of an investigation by the the feds. MOO

ETA: Attached wrong link
www.boston.com

Norfolk DA says he's 'unconcerned' by federal interest in Karen Read case

Responding to reports of a federal inquiry into the murder case against Karen Read, the Norfolk DA called the probe an “extraordinary step.”
www.boston.com
 
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Seattle1 said:
Morrissey is exactly who I was referring to. Gatekeeper where all roads come, go, and circle.

Morrissey was already the the focus of a US District Attorney investigation before JOK death, and following his death, he became the target of an investigation by the the feds. MOO
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So says David Yannetti. We really don't know who or what the FBI is/was investigating. Morrissey sure was interested to know though. That's a fact.
 
Derph said:
Karen Read updated her Facebook profile picture with a copy of this letter. Why today? Is something brewing and coming up soon? Hmmm..

View attachment 526066
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This is a good explanation of this letter and follow up replies:

www.thesunchronicle.com

In letters about Karen Read case, feds say no charges filed but investigation to continue

MANSFIELD — In a letter to the Norfolk County district attorney’s office last August, the U.S. attorney’s office in Boston said it had not determined whether charges would be filed
www.thesunchronicle.com www.thesunchronicle.com
 
HarmonyE. said:
Judge Cannone has denied Karen Read's motion to dismiss two charges. Shocking, I know.

www.boston.com

Karen Read case: Judge denies motion to dismiss two of the charges

The high-profile case resulted in a mistrial on July 1, and Karen Read’s retrial is slated to begin in January.
www.boston.com
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So if I understand, this was the judge’s Friday news ‘dump’ perhaps? SMH. IANAL but sure hope that some additional splendid attorneys and appellate attorneys will be joining the mix and start to work up the ‘food chain’ on this. And seems this case needs to be removed from this judge and placed in a different forum perhaps.

And where exactly is that completed internal affairs / FBI related investigation into some conduct and aspects of this case and its investigation? The one that was being finalized and updated with further evidence and testimony from the KR trial? MOO
 
TIGER0822 said:
No updates on Trooper Proctor's suspension?
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My guess is it will be awhile yet. The union has to do their thing. I can't see him keeping his job though.

I found the union's objection to his suspension with no pay kind of amusing. "His kids will lose their health insurance! Oh, the humanity!"

First, his wife is reported to be an HR Director somewhere, so I'm sure they can move to her coverage. Or they can sign up for ACA insurance like the rest of Americans do when they lose their coverage. And secondly, of course, Proctor should have thought of his kids before he behaved so badly.

I'm actually a little more interested to see what happens with his superiors. And Kevin Albert.
 
HarmonyE. said:
Judge Cannone has denied Karen Read's motion to dismiss two charges. Shocking, I know.

www.boston.com

Karen Read case: Judge denies motion to dismiss two of the charges

The high-profile case resulted in a mistrial on July 1, and Karen Read’s retrial is slated to begin in January.
www.boston.com
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From the quoted MSM --

Hard to say which party had the responsibility to poll the jurors before the mistrial declared and to first record those charges acquitted (unanimous not guilty vote), and declare a mistrial on only the remaining count. IMO, this MA procedure is at the Judge's discretion but why would Cannone want to take accountability today....

“The Court finds it hard to believe that when counsel heard that the jury was at an impasse for a third time and a mistrial was inevitable, at perhaps the most crucial point in the trial, counsel would sit silently if they did not consent to a mistrial,” she wrote.
 
windrower said:
Bbm

It certaintly feels/seems to me that this judge had/has some kind of personal grudge against KR.

Perhaps digging into the judge’s background would reveal what it is. If this has been discussed, I missed it.

Maybe KR represents someone the judge hates. Or judge hates her “type?”

Or there’s a common connection somewhere along the way?

Maybe a man?

Seems like there’s something.
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Cannone and Yanetti have known eachother a long time and Bev used to be a public defender, while Yanetti was a prosecutor (correct me if I am wrong). I think this plays into her condescension because he sure made a fool out of her in court many times. MOO
 
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