MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #11

[Leilei]

No, a medical examiner (ME) does not have to officially classify a death as a "homicide" for there to be a murder trial. Here are some key points and explanations on this matter:

Legal Definitions and Roles​

1. Medical Examiner's Role:
   • The medical examiner determines the cause and manner of death. The manner of death can be classified as natural, accidental, suicide, homicide, or undetermined.
   • The ME's classification as "homicide" means that the death resulted from the intentional actions of another person.
2. Legal Process:
   • Prosecutor's Role: It is the role of the prosecutor, not the medical examiner, to decide whether to bring charges and what those charges will be. This decision is based on the totality of the evidence, including but not limited to the ME's findings.
   • Evidence and Investigation: Law enforcement and prosecutors may pursue a murder charge if there is sufficient evidence of criminal intent, regardless of the ME's classification. Other evidence, such as witness testimony, forensic evidence, and circumstantial evidence, is also crucial.

Case Example​

• Example Scenario: An ME may classify a death as undetermined due to insufficient evidence to conclusively rule it a homicide. However, further investigation by law enforcement might uncover evidence of foul play, leading to a murder charge and trial.

Legal Precedents and Procedures​

1. Indictments and Charges:
   • Grand juries and prosecutors can issue indictments based on probable cause. This does not necessarily rely solely on the ME’s classification.
   • A murder charge can proceed if there is substantial evidence suggesting that the accused had the intent to kill and caused the death.
2. Court Decisions:
   • Courts have recognized that while the ME’s findings are significant, they are part of a broader array of evidence considered in criminal proceedings. The legal system relies on a holistic view of all available evidence.

Practical Considerations​

• Complex Cases: In complex cases, especially those involving multiple potential causes of death or where the circumstances of death are unclear, the ME's report is just one piece of the puzzle.
• Jury’s Role: Ultimately, it is up to the jury to weigh all the evidence presented at trial and determine whether the defendant is guilty of murder.

References​

• American Bar Association
• National Institute of Justice
• Cornell Law School Legal Information Institute

In conclusion, while a medical examiner’s classification of a death as a homicide can significantly impact a murder investigation and subsequent trial, it is not an absolute requirement for a murder trial to proceed. The decision to prosecute and the determination of murder charges depend on the entirety of the evidence collected by law enforcement and presented by the prosecution.


4o

Thank you for this! It's very interesting.

 

[arielilane]

@SueNBCBoston

Jurors are back.Judge reminding the jury of the instructions, Commonwealth has to prove guilt, Karen doesn’t have to testify.


10:41 AM · Jun 21, 2024

 

[arielilane]

@TedDanielnews

Defense calls it's first witness Brian "Lucky" Loughran.
A plow driver who has previously said he went by Fairview Rd and saw no body


10:41 AM · Jun 21, 2024

 

[arielilane]

@BienickWCVB

First defense witness: Brian Loughran.



"I was familiar with all of them," Loughran says of the Albert family. Says he knew Chris Albert the best because he used to deliver pizzas for D&E Pizza.


Loughran says he was friendly with the Alberts. Says in 2022 he was working for Canton DPW and often drove a snowplow for the town.

 

[arielilane]

https://twitter.com/x/status/1804163395563802624

 

[Elliot_Alderson]

you're arguing something different.

but it sounds like you agree that the posts saying his lack of other broken bones is a sure sign he wasn't hit are not correct.

glad we can put that point to rest.

Not AT ALL what OP said.

 

[arielilane]

https://twitter.com/x/status/1804163915451936899

 

[arielilane]

@BienickWCVB

Loughran says he was told to show up for plow duty at 230am in the morning of Jan 29th. He was driving what's known as "the Franken truck" because it was built with a lot of spare parts.


10:47 AM · Jun 21, 2024

 

[Leilei]

@BienickWCVB

First defense witness: Brian Loughran.

View attachment 512083

"I was familiar with all of them," Loughran says of the Albert family. Says he knew Chris Albert the best because he used to deliver pizzas for D&E Pizza.


Loughran says he was friendly with the Alberts. Says in 2022 he was working for Canton DPW and often drove a snowplow for the town.

I've been waiting for Lucky to testify!!!

 

[thebedbug]

@TedDanielnews

Defense calls it's first witness Brian "Lucky" Loughran.
A plow driver who has previously said he went by Fairview Rd and saw no body


10:41 AM · Jun 21, 2024

I'm not sure this is a great move by the defense.

If you believe his testimony is true and not mistaken... you've got to believe so much else is a lie, like everything. It also flies in the face of some pretty compelling data.

 

[Elliot_Alderson]

I've been waiting for Lucky to testify!!!

FRANKENTRUCK

 

[ch_13]

you're arguing something different.

but it sounds like you agree that the posts saying his lack of other broken bones is a sure sign he wasn't hit are not correct.

glad we can put that point to rest.

Please don't put words in my mouth. I respect your opinion, but the type of argument where you purposefully misstate the other person's position is bush league and has no place in a sincere discussion of the facts. Keep that stuff to reddit.

What I wrote, and I think you know what I meant, was that the commonwealth's theory of how he was hit is severely compromised both by the injuries he actually suffered (to the back of the head and to his arm) and to the wounds he didn't receive (to his midsection and lower extremities). At the speeds they allege the SUV was going, those injuries just don't make sense.

 

[arielilane]

@BienickWCVB

Loughran says from the driver's seat he can see about five feet on either side of the plowtruck. Says it has good lighting. "Almost driving with a spotlight," he says.


10:49 AM · Jun 21, 2024

 

[Moonstrawbs]

I'm not sure this is a great move by the defense.

I think it's a great move!

 

[arielilane]

@BienickWCVB

Loughran says his regular plow route includes the neighborhood where 34 Fairview Rd is located. Says he started his route about 2:35am.


10:51 AM · Jun 21, 2024

 

[arielilane]

@SueNBCBoston


Showed up on 1/29 at 2:15a at the DPW
He drove the Frankentruck, the plow nicknamed that because it was built with a lot of separate parts.


Loughran describes the lightning on the truck.
Can see 5’ on either side, can see 10-15 feet ahead.
The light is like driving with a spotlight

Loughran describing his route that night.
Fairvew, Spring Lane, Cedarcrest.
Says he was on Cedarcrest by 2:30/2:35a

 

[jepop]

FRANKENTRUCK

It's so cute

 

[arielilane]

https://twitter.com/x/status/1804165828998320424

 

[Leilei]

I'm not sure this is a great move by the defense.

How so?

 

[arielilane]

@BienickWCVB

Defense attorney David Yannetti shows this map of the neighborhood. But Loughran says he can't see it. He refers to the printed version in his hand.

https://twitter.com/x/status/1804166067335401740