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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I think you need to give considerable latitude to what might have happened since both of the people were very drunk, almost to the point of unconsciousness. One scenario is he existed the car and was leaning down to vomit (which was all over him) and she hit the back of his head with the spine of the tail light, as he braced himself his right arm ended up in the wheel well and was dragged a short distance backward, and then forward when she completed the turn. You can imagine a hundred other scenarios where the back of his head hit the tail light, the ground, the fire hydrant or whatever and none of them take more than a minute to happen.

The critical things is that there are only 2 ways that you get tail light pieces on the ground and on his shirt with his DNA on the tail light. The simplest is that he and that tail light made violent contact at some point right there in that spot. The second is that Michael Proctor planted all of that evidence without being detected. While MP certainly should not have sent any of those emails to his sister they in no way are evidence that he planted evidence.

During the course of every investigation, police have the opportunity to plant evidence.

If we allowed every defendant to be acquitted simply because it's possible, based on gaps in the investigation, that police planted evidence we might as well close our court system. (and I am in no way naive to think this doesn't happen)

There were two email which MP sent referencing
1. That (a named person at the party was involved … forget name)
2. And that he initially thought it was a fight.
Now! How would you get a fight from taillight pieces?
‘We are all in on the joke right? My tail light got busted and John was pulverized.
 
Far fetched or not?
A lot of KR ring camera recording was missing. I know, it seems far fetched.. but if an Officer was aware of a similar scenario where a tail light was busted in a hit & run and went to snd damaged KR tail light at her house that night ?

“We are all in on the joke, right? My tail light got busted and John was pulverized”
 
I am very interested to see what the defense team does next. Personally, I think they gave the upper hand
Hmm… technically there is precedent supporting the judges actions. The defense may bring it to an appellant court. Thr Judge is experienced. She in my opinion knew exactly what she was doing.
 
I am very interested to see what the defense team does next. Personally, I think they gave the upper hand
The best thing for the defense is that Troop Proctor got suspended without pay, which gives the defense a new talking point. If Proctor thought his cross examination during trial 1 was embarrassing, he's gonna have a rough time at trial 2.

The bad news for the defense is that I'm expecting that most of the other prosecution witnesses won't slip up so easily next time. They will all be coached on how to sound better and even how to more convincingly respond to certain questions, now that the prosecution knows exactly what questions will be asked during cross-examination. We won't get as many authentic reactions during trial 2.
 
Would this apply to this case?

“In the United States, appeals are usually decided by a panel of three judges. However, a U.S. Court of Appeals may have jurisdiction over a collateral appeal of a district court's mistrial order if a defendant appeals to preserve their rights under the Double Jeopardy Clause”.
 
The best thing for the defense is that Troop Proctor got suspended without pay, which gives the defense a new talking point. If Proctor thought his cross examination during trial 1 was embarrassing, he's gonna have a rough time at trial 2.

The bad news for the defense is that I'm expecting that most of the other prosecution witnesses won't slip up so easily next time. They will all be coached on how to sound better and even how to more convincingly respond to certain questions, now that the prosecution knows exactly what questions will be asked during cross-examination. We won't get as many authentic reactions during trial 2.
I believe: A selection of prosecution witnesses from TR1 are not going to make it to TR2 but there will be a count of new ones including someone much more technically qualified and conversant than Trooper Paul. That person won't be hard to find either...
There are also a list of issues that the Defense did not present, or did not intensely pursue, during TR1 and an established few where they were obstructed in preparation to present during TR1. I believe the requirement for additional DNA lab work has been established pretty soundly and that any judge would have to permit the defense to do its own testing on JO's clothing at least, considering how critical the alleged teeth and claw wounds were to both sides. I also believe the defense needs to display their own time line and who was where in the critical 6 to 7 minute window, or more likely who was where immediately prior to that window. The prosecution during the first trial kept trying to broaden that window, including in closing argument and the defense would benefit from having that hammered home.
If these were hole cards in a poker game, a couple from the Defense are now face up; and it may be the prosecution can anticipate them and pre-empt them during their case in chief, as was attempted for a couple of issues in TR1. That makes for a very confusing PR presentation, but it has already been demonstrated and gets worse as the Defense drills deeper. I do anticipate that the Defense case in any future trial would last much longer than 5 witnesses over less than 3 full days.
And I don't know where you find a jury at this point that would NOT be aware that the Federal DOJ and the FBI are involved in investigating past investigations and trials; and that there is a critical report forthcoming from those entities. To a degree, I believe the whole timbre of TR2 depends on the timing and content of that report and the subsequent plan of action of the DOJ. As long as those steps remain forthcoming, KR's defense may best benefit from pre-trial stall, stall and more stall; and they certainly have the players that can accomplish that task.

MOO as already made clear throughout.
 
Unless more jurors come forward and testify, I don't think they have any chance to get the charges dismissed. 4 just isn't enough.
We don't know that they haven't. We only know of two who went to the defense and two others the defense heard about second-hand.

Others may have spoken to the prosecution or gone directly to the court. We also know that the jurors have a group text going. They may be represented via a lawyer and handling things that way. (That's what happened in the Alex Murdaugh case.)

The court could schedule a hearing and question each juror as to the intended verdicts. That was what the defense requested, assuming they don't get an outright dismissal (which I doubt).

Edit - I do think it's important that no juror has come forward and denied that they reached a verdict on counts 1 & 3.
 
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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!

@OldCop I am very appreciative of the insiders view you bring to these discussions.
 

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