The fate of Karen Read's appeal takes an unexpected turn as the highest court in Massachusetts decides to involve its full panel in the deliberation.
According to CBS Boston, a single justice of the Massachusetts Supreme Judicial Court has ruled to have the full panel hear Karen Read's appeal to dismiss two charges against her.
After Read's attorneys appealed a lower court's refusal to dismiss charges from her first trial, Justice Elizabeth Dewar had the option to reject the appeal or send it to the full panel. She chose the latter, meaning the entire Supreme Judicial Court will now hear arguments from both sides on whether the two charges against Read should be dropped or upheld.
The decision by Justice Dewar to reserve and report the case for determination by the full court sets in motion a potentially lengthy process. Read's legal team is required to file a brief by September 25, 2024, as the next step in the proceedings.
Currently, there is no set date for when the full panel will hear Read's case. Legal experts have noted that this process could take weeks or months, potentially delaying Read's second trial, which is scheduled to begin on January 27, 2025.
The appeal stems from Read's attorneys' argument that jurors had voted behind closed doors to acquit her on charges of second-degree murder and leaving the scene. This information was allegedly obtained through conversations with some jurors after Read's first trial ended in a mistrial on July 1.
Karen Read is accused of killing her boyfriend, Boston Police Officer John O'Keefe, by allegedly hitting him with her SUV after a night of drinking in January 2022. The case has garnered significant attention and controversy.
Prosecutors maintain that the killing was intentional. However, Read's defense team argues that she was framed by police and witnesses, asserting her innocence in the matter.
The case took an unexpected turn when the first trial ended in a mistrial, with the jury informing the court that they were hopelessly deadlocked. This outcome led to the current legal maneuvering by Read's attorneys to have charges dismissed.
The decision by the Supreme Judicial Court to hear the appeal in full panel is significant. Legal experts have indicated that the argument presented by Read's attorneys is novel and could require the court to establish new law in Massachusetts.
If the court rules in Read's favor, it could lead to the dismissal of two charges against her. Conversely, if the appeal is denied, Read will face a second trial on all original charges.
The Norfolk County District Attorney's office has brought in a special prosecutor to handle Read's second trial. This move adds another layer of complexity to an already intricate legal battle.
The decision to have the full panel of Massachusetts' highest court hear Karen Read's appeal marks a crucial development in her case. The Supreme Judicial Court will now consider whether to dismiss two charges against Read following her mistrial. This process could significantly impact the trajectory of her legal battle, potentially delaying her second trial scheduled for January 2025 and setting new legal precedents in the state.