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 #36 Retrial

[Tortoise]

The defense presents their case to refute or contest the plaintiff's evidence.
But, the burden of proof still falls to the Prosecution.
They have the responsibility for proving the defendant guilty beyond all reasonable doubt in a criminal trial.
The defense does not have that burden, but can provide evidence as stated above.
They aren't the same thing at all.
IMO.

I understand, and don't suggest it is the same thing .

They do have to introduce evidence if they want to raise a defence of something or someone else caused the death, but not to a BRD standard. Just sufficient to raise a reasonable doubt.

 

[Tortoise]

I think the defence can even NOT put up anything, if they believe that the prosecution hasn't proven their case beyond a reasonable doubt. Like they don't have to have an alternative theory or even call a witness. (Please correct me if I have that wrong though.)

Sure. If the prosecution case is weak and they can poke holes in it without raising an alternative theory. That is why they argue the case should be dismissed at the end of the prosecution case.

 

[Daisyeve]

I understand that.. but I don't think that the judge changed anything in the verdict slip from last years? that was what the motion this morning was for. She denied it.

Isn't this the same slip as last year? Except #5 the OUI charge?

I don't see a "not guilty" option under each charge.

View attachment 595617

How do they know her blood alcohol level? I cannot see it is legal to put that on a verdict slip.

 

[Leilei]

I think the defence can even NOT put up anything, if they believe that the prosecution hasn't proven their case beyond a reasonable doubt. Like they don't have to have an alternative theory or even call a witness. (Please correct me if I have that wrong though.)

I believe Lori Daybell did this just last week.
Didn't work out well for her, though.
IMO.

 

[ChasingKaty]

How do they know her blood alcohol level? I cannot see it is legal to put that on a verdict slip.

I was wondering this too...how can they prove that she didn't come home and then have a few drinks that put her over the limit?

 

[Leilei]

I was wondering this too...how can they prove that she didn't come home and then have a few drinks that put her over the limit?

They can't.
IMO.

 

[shotgun09]

Here's to hoping the jurors get another lunch today, preferably a 'Heavenly Ham' box lunch. And, in furtherance of my wishes, I hope that the laughter heard from the jury room is loud.....for Brennan to hear.

" I am laughing, while eating my ham sandwich...Hahahahaha"
" I can eat my sammie in 10 minutes ! Hahahahaha "

Oh the visuals in my head...

 

[nodamselindistress]

I think the defence can even NOT put up anything, if they believe that the prosecution hasn't proven their case beyond a reasonable doubt. Like they don't have to have an alternative theory or even call a witness. (Please correct me if I have that wrong though.)

Correct, Lori Daybell just did that in both of her trials

 

[ChasingKaty]

I believe Lori Daybell did this just last week.
Didn't work out well for her, though.
IMO.

Yeah it's not a very safe strategy, I was more just making the point that the defence can do literally nothing and that's totally allowed.

 

[kuromiiiilove]

How do they know her blood alcohol level? I cannot see it is legal to put that on a verdict slip.

They used the very shaky reverse BAC extraction method. It’s often thrown out in simple DUI cases.

 

[jepop]

I understand that.. but I don't think that the judge changed anything in the verdict slip from last years? that was what the motion this morning was for. She denied it.

Isn't this the same slip as last year? Except #5 the OUI charge?

I don't see a "not guilty" option under each charge.

View attachment 595617

I think, the motion this morning was about count 2 and it's lessers only I think? I think they are good with Count 1 and 3 slips. There was discussion at the charging conference where she explicitly said she was going to make it crystal clear that the jury could render verdicts on all counts separately ( 1, 2 and 3) when last year was raised by defense. She altered her instructions to make sure the jury were aware of that and if you look at the other two slips for count 1 murder, and 3 leaving accident, it is crystal clear.

Yeah, not count 2 ms, which is still a prob if they hang on one lesser. The other two counts have no lessers and verdicts can be rendered separately. At least that is fixed. Jmo

 

[ChasingKaty]

They used the very shaky reverse BAC extraction method. It’s often thrown out in simple DUI cases.

Urgh, I hate that they are still allowed to do this. There's so many variables that make this method so unreliable.

 

[Vaderman]

I think the defence can even NOT put up anything, if they believe that the prosecution hasn't proven their case beyond a reasonable doubt. Like they don't have to have an alternative theory or even call a witness. (Please correct me if I have that wrong though.)

When I was seated as an alternate juror for a case, the defense essentially rested without calling witnesses. The state had a weak case and the verdict was not guilty.

 

[missy1974]

I HATE waiting ... lol

 

[turaj]

I got that vibe too because she said she wanted case law from MA. But, wow, it's time they updated it. Does not make sense that I can see (though INAL) either in terms of fairness or wasting time and boat loads of money/resources to retry on the full count.

Boy L and C posted a video with KR's reaction about the verdict form when the revised form was rejected..she was livid....really angry. can't blame her after last time and jury feedback.

 

[ShadyLady]

They used the very shaky reverse BAC extraction method. It’s often thrown out in simple DUI cases.

I do not remember Karen's blood being tested at 12 that night. Absolutely should not have been allowed on the verdict slip.

Underhanded Hank......again.

 

[Leilei]

They used the very shaky reverse BAC extraction method. It’s often thrown out in simple DUI cases.

Was she even cited for OUI/DUI when they arrested her?

 

[Seattle1]

https://twitter.com/x/status/1934640047757889687

 

[ChasingKaty]

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I HATE waiting ... lol

Was it 4 days last time?

 

[kuromiiiilove]

Was she even cited for OUI/DUI when they arrested her?

Nope. Originally charged with manslaughter operating a motor vehicle and leaving the scene of a collision resulting in injury/death. She wasn’t charged with murder 2 until the grand jury indictment.