Judge throws out Karen Read’s murder trial

After days of deliberations and numerous notes from a jury that was unable to reach an agreement, Judge Beverly Cannone declared a mistrial in the high-profile and often controversial murder trial of Karen Read.

The jury was tasked with determining whether Read, 44, was intoxicated and intentionally drove her SUV into her boyfriend, Boston police officer John O’Keefe, on a snowy night in Canton two years ago. The Mansfield woman’s attorneys argued she was framed in a cover-up.

A unanimous jury is needed for conviction or acquittal, and jurors ultimately failed to reach a consensus despite Cannone making a last-ditch attempt to break the deadlock Monday morning with a so-called “dynamite charge.”

“Despite our best efforts, we remain at an impasse. Our perspectives on the evidence are extremely divided,” the jury foreman wrote in a note to Cannone around 2:30 p.m.

According to the memo, some jurors believed prosecutors had met their burden of proving guilt beyond a reasonable doubt, while others believed the evidence was insufficient.

“The deep division is not due to a lack of effort or urgency, but rather to a sincere commitment to our individual moral principles and beliefs,” the chairman wrote. “Further deliberation would be futile and would only serve to force us to compromise on these deeply held beliefs.”

After Cannone announced the mistrial, O’Keefe’s mother sat with her head bowed, silently wiping away tears. As the courtroom emptied, Read ran to hug her parents and brother.

In a brief statement, the Norfolk County District Attorney’s Office said it intends to retry the case against Read. Cannone scheduled a status hearing for 2 p.m. July 22 to determine next steps.

“First, we thank the O’Keefe family for their commitment and dedication throughout this lengthy process,” the district attorney’s office said. “They have kept the true heart of this case — finding justice for John O’Keefe — in sight.”

The Jury’s Path to a Mistrial

The jury had a difficult task in reaching a consensus, given the controversial evidence in the Read case and intense coverage of the trial on social media, national news outlets and the blogosphere.

The first sign of trouble came in a memo on Friday, in which the jury said it had failed to reach a unanimous verdict despite a “thorough review” and “careful consideration” of the evidence.

Shortly before 11 a.m. Monday, the jury said the case was still at an impasse.

“Judge Cannone, despite our commitment to our duty, we are deeply divided by fundamental differences in our opinions and state of mind,” the Monday memo read. “Our differences in views are not due to a lack of understanding or effort, but to deeply held beliefs that each of us holds, which ultimately lead to a point where consensus is unattainable. We recognize the gravity of this admission and its implications.”

Assistant District Attorney Adam Lally argued that the jury had not yet completed proper and thorough deliberations.

“This jury has heard, I believe, about 29 days of testimony, 657 different pieces of evidence that were marked as evidence, 74 different witnesses who have testified before them,” Lally said Monday morning, noting that the length of deliberations so far has not amounted to even one hour of discussion for each day of testimony.

However, defense attorney David Yannetti noted the way the jury spoke about “fundamental” misunderstandings.

“In our opinion, it’s time for Tuey-Rodriguez, Your Majesty,” Yannetti said, referring to a set of formal instructions often read to deadlocked juries. “They’ve come back twice now, basically indicating they’re hopelessly deadlocked.”

Cannone ultimately sided with the defense and opted to read the charges against Tuey-Rodriguez.

“I thought it was an extraordinary jury,” she said. “I never saw a note that said it was deadlocked.”

Tuey-Rodriguez’s injunction essentially tells jurors that there is no reason to believe that another jury would be better prepared to decide the case or that the prosecution or defense would be able to present clearer evidence in a retrial. The instructions also remind jurors that it is their duty to decide the case if they can do so conscientiously.

With a possible life sentence if Read is convicted of second-degree murder, the stakes were high. Read was also charged with manslaughter while operating a motor vehicle under the influence and leaving the scene of a fatal accident. The DUI manslaughter charge carries a sentence of five to 20 years in prison, and Read faces up to 10 years behind bars if convicted of leaving the scene of a fatal accident.

Karen Read’s lawyers say: ‘We have no intention of giving up’

Read’s attorneys, speaking briefly to reporters outside the courthouse, did not give up.

“Folks, this is what happens when you make false accusations against an innocent person,” defense attorney Alan Jackson said, according to the NBC10 Boston recording. “The commonwealth did what they could. They took the state’s burden on a false charge, on a compromised investigation and investigators, and compromised witnesses. This is what happens.”

“And you know what? They failed. They failed miserably, and they will continue to fail,” Jackson continued. “No matter how long it takes, no matter how long they try, we will not stop fighting. We are not going to give up.”

Yannetti praised Read, telling reporters, “I am in awe of the strength and courage of this extraordinary client, whom I have had the honor of representing from day one.”

He also addressed the crowds of “Free Karen Read” supporters who gathered around the courthouse day after day to proclaim Read’s innocence.

“Your support has been invaluable,” Yannetti said. “We are touched and ask for your continued support.”

Canton resident Rita Lombardi, a key figure in the Free Karen Read movement, told WCVB the mistrial wasn’t necessarily surprising.

“We expected this. We were hoping for ‘not guilty,'” Lombardi said, according to the WCVB recording. “‘Guilty’ wasn’t even an option in this case.”

She added: “It’s not the verdict we wanted but we accept it.”

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