VERDICT WATCH MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #15

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I appreciate you looking this up.

But I still think that it gives way too much power to a judge, any judge. After a long trial you often have an idea of how one or two jurors feel just from their demeanor.

It would be better to select the jury by lots, and then if necessary the foreperson can be chosen by the judge or selected however.
Yes. Not all states have this rule.imo
 
A mistrial is a term that refers to a trial that is ended before its conclusion because of some error or problem with the trial itself. A mistrial must be declared by the judge overseeing the trial, and renders the entire trial invalid. This is most likely to occur when the judge feels that the problem makes it impossible to ensure a fair verdict is reached. This allows the parties to start over again with a new trial if they want, though the circumstances may lead the parties to not request a new trial. To explore this concept, consider the following mistrial definition.

 
Wondering if the definition of "reasonable doubt" needs to be read to the jury. When you're deadlocked, there probably some reasonable doubt.


"Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant’s guilt in order to render a guilty verdict."
I missed the judge's instructions but assume she covered reasonable doubt ?Agree that maybe it should be re read to them with that assumption in mind. moo
 
There are plenty of times that someone - even multiple someones - have mischaracterized something I said. Either maliciously (because it was self serving or a number of other reasons) or innocently (because they didn’t hear it right, etc.)

There are also plenty of times when I have given what I thought was a perfectly reasonable explanation for something I did and I was wrong.

This is basic human behavior. It is subject to bias, misunderstanding, and just plain error.

moo.
 
Someone upthread alluded to one other possibility, that being if a mistrial is ultimately declared might the judge then dismiss the case ‘with prejudice’? MOO

Excerpt from this reference (which is NY state and not MA; could not find details for the latter and IANAL):

“Once a criminal case has been ruled a mistrial, the prosecution may decide to refile the case. However, the judge may prevent them from doing so. When a judge rules a mistrial and dismisses a case “with prejudice,” the case cannot be retried later.”


Perhaps with due consideration of the presented evidence, testimony, and expert opinions the judge might review all and render such a determination? MOO
 
She did say it, several different people testified that they heard it. But even if we give the defense the benefit of any doubt and just change that to could I have hit him, or did I hit him (their own words). Karen Read thought at the time it was a perfectly reasonable explanation for how he got there in their version, and a confession according to the people who were there.

It should be noted that of the 15 or so people who were at the scene and testified, only four claim to have heard her. At least one of those said he heard it in a different location than the other three, the second was likely in the back of the ambulance when it was said, and the other two were accused of being conflicted.

Karen wasn't detained after she reportedly made the statement. None of the cops heard it (even though the testimony was that they were in earshot) and no one wrote it down at the time. It wasn't much later until there's any physical record of the "I hit him" statement. In fact, the first time there's a record of Jen McCabe stating Karen said it came 1 1/2 years later in the federal grand jury proceedings.

And, finally, the Canton PD dashcam was running when Karen reportedly made the statement yet it didn't pick it up, even though she was said to be screaming it.

Everyone can judge the truth or falseness of whether she said it on their own, but just saying that several people heard it doesn't really tell the full story.
 
UGH, it's not even 4:00pm. A typical work day is 8 hours long and runs 9-5-ish. I'm sure they're exhausted after 9, 10 weeks of this madness, but ... ??? What next, asking to go home at 1pm?
..refusing to show up, more like.

If it's a thing that the holdouts are utterly prejudiced and making no sense, just dug in, they're likely to be bold enough to decide not to bother..
 
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