NOT GUILTY MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #37 Retrial

[kuromiiiilove]

My question is this: if they find her not guilty of count 1 and 3, and hang on the remaining count, can she be retried on all counts, the same situation as trial 1?

It really depends on if they filled out the other two verdicts slips. Hopefully if they are stuck on Count 2, they have already filled out NG on the verdict slips for counts 1 and 3. If they don’t, then it’s up to Judge Cannone’s discretion.

 

[BUF]

Praying this won't drag on much longer.

If no verdict today, the jury will have one full day off tomorrow during deliberations. Unreal.

 

[Anniesflowers]

My question is this: if they find her not guilty of count 1 and 3, and hang on the remaining count, can she be retried on all counts, the same situation as trial 1?

As long as they fill out verdict slips 1 and 3 with a not guilty verdict, she can;t be tried on those again, imo. If they hang on anything on verdict slip 2 (manslaughter), she can be retried for all of the lesser includeds, as well. All moo.

 

[turaj]

My thinking is this jury knows what happened last year. They know it was about the verdict form and confusion. They all live in the area. They are trying very hard to avoid this happening again. Their questions tell us that. I hope that they just all agree to go with NG and forget the OUI given it is unclear what happens with that guilty or hung. This is all a sad situation but I know they don't want to hang.

 

[Tortoise]

What did he hit his head on out in the yard that would cause that head injury AND the small cut above his eye? Also, when would he have vomited and bled down his front and into his underwear? He would’ve needed to have been sitting up for that to happen, imo.

The testimony of the defence ME was that the blood etc which was in his mouth and airways got on his clothing when he was being moved onto the gurney and into the ambulance.

I don't believe the case is that the small cut above his eye got there in the same movement as when he fell backwards and hit his head. His eyelid lined up with the corner of the wind wing on the car.

 

[jepop]

My question is this: if they find her not guilty of count 1 and 3, and hang on the remaining count, can she be retried on all counts, the same situation as trial 1?

She can only be retried on count 2 in that situation ( ebm apologies I didn't not read your question right,).So they tick Ng on count 1 and 3. Then if they go down the count 2 slip as instructed, reach no. 5 the OUI, hang on it, legally the judge can declare a mistrial on count 2. And she is up for prosecution on count 2 manslaughter in its entirety. This trial, because the jury did not tick ng for counts 1 and 3 last trial she was retried on all three counts. Moo

ETA it is better the jury find her guilty on the lesser no 5 Oui, than hang on it. Better still, they find ng on all charges in count 2 and tick ng at the top of the count 2 slip.

 

[Leilei]

If no verdict today, the jury will have one full day off tomorrow during deliberations. Unreal.

And possibly Friday, too. Depends on the judge and if there will be enough security at the courthouse, from what I understand.
IMO.

 

[Angelwatch]

The testimony of the defence ME was that the blood etc which was in his mouth and airways got on his clothing when he was being moved onto the gurney and into the ambulance.

I don't believe the case is that the small cut above his eye got there in the same movement as when he fell backwards and hit his head. His eyelid lined up with the corner of the wind wing on the car.

All three medical examiners, including the CW witness, state he wasn’t hit by a car. They are highly qualified experts and actually went to medical school and have experience evaluating injuries.

 

[kuromiiiilove]

Is there a link to the latest version of the verdict slip? Or a screenshot? Thanks in advance!

Here is the most recently amended slip for count 2.

https://twitter.com/x/status/1935337858295828525

 

[Leilei]

Just hit 17 hours.

 

[arielilane]

Here's the new, amended verdict slip on Count 2 that the jury will use after yesterday's question. Below is a thread explaining each slip, what the charges mean, and the possible outcomes.






Karen Read faces three indictments for the jury to decide on:
1. 2nd degree murder
2. Manslaughter while OUI
3. Leaving the scene of an accident causing death


Slips 1 & 3 (murder & leaving the scene) only have 1 choice: guilty or not guilty.
So we will move on to discussing Slip 2.


Slip 2: Read is charged with Manslaughter while OUI. That is the ONLY indictment she is facing. Adam Lally told the judge last week that prosecutors requested only this charge, and that the defense requested what's known as "lesser included" charges on the slip.


UNDER the Manslaughter OUI charge, jurors COULD choose to INSTEAD (not in addition to) convict Read of Involuntary Manslaughter OR Motor Vehicle Homicide OR Operating Under the Influence (OUI). These all carry lesser penalties than manslaughter.




Jurors can only pick ONE option on this form. There are slight differences between the top few charges, related to "mental state." The allegations range -- was Read RECKLESS/WANTON *or* NEGLIGENT in her driving? Those are questions jury must consider.





Here's where it gets interesting. If the jury is deadlocked/hung on ANY CHARGE on this form... and that deadlock leads to a mistrial (big "if" - this is hypothetical)... Read can be retried for Manslaughter while OUI.





The means even if the jury is deadlocked over OUI, for example... and a mistrial occurs, the Commonwealth COULD retry Read for Manslaughter. Why? Because she has been indicted for manslaughter, and no resolution would have been reached by the jury on that charge.

@KristinaRex

 

[TDoc72]

It's not the case that he was stumbling for 36 steps, but that there were no more steps after he was hit. He was checking his messages during those steps.

He was riding in the car, then got out at 34F and went 36 steps/80ish feet somewhere. Where did he go? I’m not trying to be argumentative, but I can’t see your scenario.
He didn’t get out and stand by the car, waiting to be hit. Nor did he pace 36 steps in a circle, checking messages. I don’t think it’s plausible he walked 18 steps halfway to the house then returned for 18 steps back to the car then got hit.
The only theory that works for me is he went to the house/garage.
IMO

 

[jepop]

Imagine the stress Barros must have felt to testify to something entirely different than many cops in neighboring jurisdictions!. What a brave and truthful man of integrity and honor!

I have endless admiration for Officer Barros.

 

[hooziewhutz]

I love this guy

 

[BUF]

And possibly Friday, too. Depends on the judge and if there will be enough security at the courthouse, from what I understand.
IMO.

Most jurisdictions provide whatever is needed during deliberations….but this is Dedham

 

[waldojabba]

The continued accusations of judicial misconduct and corruption in these threads is wild.

I like to remind myself that in all areas of my life, I can be prone to blind spots and just because I cannot see it at that moment does not mean it doesn't exist.

I am sure with all this blatant judical misconduct and blatant corruption that we will hear more about it in the days to come both on the local and national stage. People are outraged on all platforms - most recently about the judge, her unfiltered bias against the defense and her behavior in relation to the jurors ballot.

Certaily as time passess more will be revealed - or reveal itself as the case may be
JMO

 

[Anniesflowers]

The testimony of the defence ME was that the blood etc which was in his mouth and airways got on his clothing when he was being moved onto the gurney and into the ambulance.

I don't believe the case is that the small cut above his eye got there in the same movement as when he fell backwards and hit his head. His eyelid lined up with the corner of the wind wing on the car.

I think I missed that. Would you mind posting a link of Dr. Scordi-Bello testifying that John being moved to the EMT’s gurney caused the blood and vomit to run down the front of his shirt? I searched online, but couldn’t find it. TIA?

 

[Tortoise]

While remaining in pocket state the whole time!

The phone does not check constantly for doppler (pocket) state.

It checks whenever the phone receives a call and the phone is checking for a face to unlock it. If that doesn't happen and the camera is blocked it records pocket state.

John's phone was recorded in pocket state almost a minute after he took his last steps, not during them.

Ian Whiffin's testimony
3.36.17

 

[jepop]

What did he hit his head on out in the yard that would cause that head injury AND the small cut above his eye? Also, when would he have vomited and bled down his front and into his underwear? He would’ve needed to have been sitting up for that to happen, imo.

When would he have been bitten and scratched by the animal/dog? And why did the impact with the Lexus smash the tail light right down to the diffusers into 47 pieces without causing an injury to his body?

 

[Tortoise]

I think I missed that. Would you mind posting a link of Dr. Scordi-Bello testifying that John being moved to the EMT’s gurney caused the blood and vomit to run down the front of his shirt? I searched online, but couldn’t find it. TIA?

It was the defence ME, Dr Laposata.

I will look for the timestamp and post it.

correction - she was talking about blood on the back of his pants

3.43.16 - Dr Laposata