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The Massachusetts pistillate accused of sidesplitting her Boston constabulary serviceman fellow successful a snowy collision has mislaid her Massachusetts Supreme Court entreaty seeking to person her lawsuit tossed connected the grounds of treble jeopardy aft a chaotic execution trial ended successful a hung jury.
Karen Read, 45, is expected to spell connected proceedings for the 2nd clip arsenic antecedently scheduled successful April connected charges of second-degree execution and leaving the country of a deadly accident.
Boston Police Officer John O'Keefe died from blunt unit trauma to the caput and hypothermia during a January snowstorm successful Canton, Massachusetts, astir 15 miles extracurricular Beantown. Prosecutors accidental Read deed him with her SUV and fled the country aft a drunken fight. She claimed it was an elaborate cover-up and that she had near earlier helium suffered immoderate injuries. Jurors couldn't scope an statement connected which broadside to believe.
After a little tribunal denied her question to disregard pursuing the mistrial, she appealed to the state's highest court, which handed down a determination Tuesday rejecting her statement that jurors lone deadlocked connected 1 of the 3 charges. She wanted the remaining 2 thrown out.
WATCH KAREN READ: KILLER OR CONVENIENT OUTSIDER?
Karen Read departs Norfolk Superior Court successful Dedham, Massachusetts connected Friday, August 9, 2024. Read, who was accused of sidesplitting her Boston constabulary serviceman fellow with a conveyance successful January 2022, was backmost successful tribunal Friday for a proceeding discussing her defence team's question to dismiss. (Patriot Pics/Backgrid for Fox News Digital)
"The assemblage intelligibly stated during deliberations that they had not reached a unanimous verdict connected immoderate of the charges and could not bash so," Massachusetts Supreme Court Justice Serge Georges Jr. wrote successful the court's 35-page decision.
Jurors told the justice successful a bid of notes that they were "deeply divided" implicit Read's guilt of murder and different charges and could not scope an agreement.
"Only aft being discharged did immoderate idiosyncratic jurors pass a antithetic expected outcome, contradicting their anterior notes," Georges wrote.
Because the jurors broke their soundlessness lone aft the trial, it was excessively late, the tribunal ruled.
"Such posttrial disclosures cannot retroactively change the trial's result -- either to acquit oregon to convict," Georges wrote. "Accordingly, we affirm the proceedings judge's denial of the question to disregard and the defendant's petition for a posttrial juror inquiry."
Boston Police Officer John O’Keefe poses for his authoritative portrait. O’Keefe’s girlfriend, Karen Reed, volition person a 2nd execution proceedings aft the archetypal ended with a hung assemblage pursuing his decease successful January 2022. (Boston Police Department)
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Read's caller proceedings is expected to beryllium led by a peculiar adjunct prosecutor, Hank Brennan, who erstwhile represented the mobster James "Whitey" Bulger and has already begun trying to get unpublished records from Massachusetts reporters who person interviewed Read.
Read the court's decision
WATCH: DASHCAM FROM THE NIGHT JOHN O'KEEFE WAS FOUND DEAD
"I don't spot however that was going to fly, due to the fact that it was a mistrial, she wasn't recovered blameworthy oregon not guilty," said Paul Mauro, a erstwhile NYPD inspector and attorney. "Double jeopardy applies erstwhile you person a verdict. It's successful the Constitution."
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"This is settled law," helium added. "This is not treble jeopardy, I hold with the court. Let's get to a caller proceedings and resoluteness this."
The caller proceedings is scheduled to statesman connected April 1.
She is besides facing a wrongful decease suit from O'Keefe's family.
Read, successful a caller circular of interviews, argued that she was framed by the existent killers, whom she believes are different members of law enforcement O'Keefe got into a combat with aft she dropped him disconnected astatine the location of chap Boston Police Officer Brian Albert. O'Keefe was recovered dormant successful the snowfall connected Albert's beforehand lawn.
Karen Read waits arsenic her ineligible squad meets astatine the broadside barroom during Reid's proceedings successful Norfolk Superior Court, Friday, June 14, 2024, successful Dedham, Mass. Read, 44, is accused of moving into her Boston constabulary serviceman fellow with her SUV successful the mediate of a nor'easter and leaving him for dormant aft a nighttime of dense drinking. (AP Photo/Charles Krupa, Pool)
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Testimony from Massachusetts State Trooper Michael Proctor, 1 of the cardinal investigators, severely wounded prosecutors successful court.
Jurors were seen shaking their heads successful tribunal arsenic Read's defence squad work immoderate of his substance messages.
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In them, helium called Read a "wack job," a "babe … with nary a--" and a "c---." He wrote that helium wished she would termination herself and joked astir looking for nude selfies portion searching her phone.