Jurors in the Karen Read murder trial sent a note shortly before noon today indicating they were deadlocked. Judge Beverly Cannone nonetheless sent them back to continue deliberations.
“Despite our exhaustive review of the evidence and our diligent consideration of all disputed evidence, we have been unable to reach a unanimous verdict,” the jury note read by Cannone in court stated. “Signed by your foreperson.”
Prosecutor Adam Lally responded first, saying that it is “far, far too early” for the jurors to give up on their deliberation.
“The jurors just received this case earlier this week,” he said. “Furthermore, the note doesn’t really indicate that they can’t come to a conclusion; it just indicates they can’t come to a conclusion at this time.”
Defense attorney David Yannetti said that he disagreed and that the note clearly indicated they had “exhausted” all avenues to come to a unanimous decision in the case. Further, he said, jurors have only had one question, on Wednesday, which was for the report from the team that searched the area John O’Keefe’s body was found. That request was denied, with Cannone saying jurors already had all evidence available in the case.
“You all know it is within my discretion, I decide,” Cannone said before making her ruling. She said it was a long case with 74 witnesses and that jurors had deliberated for only days, and short days at that. “Very complex issues in this case … I am going to send them back out.”
When jurors were brought back in moments later she gave them their assignment: “I would ask you to clear your heads and have lunch and continue your deliberations.”
Analysis
Retired Massachusetts Superior Court Judge Jack Lu said it was an “Absolutely solid call by (the) judge.”
“The jury is likely physically and emotionally exhausted and facing a holiday weekend which could increase the agony and disruption of life for the jury,” he told the Herald moments after Cannone reached her decision. He said that following a verdict it is standard for a judge “to meet privately with the jury to validate their emotional stress. Very emotional process, being a juror, with a group of strangers.”
Jurors began their deliberations on Tuesday afternoon following closing arguments. They deliberated then for maybe two and a half to three hours before being released for the day. They were released before 4 p.m. on both Wednesday and Thursday. Altogether, they had deliberated for nearly 17 hours and 30 minutes before they sent the note, per the Court TV-maintained deliberation clock. Because juror activities are unknown, it is not clear what portion of that time has actually been spent on breaks or non-deliberative activity.
The case
“I think it’s problematic or at the very least concerning that the jury has not come back at this stage,” Boston criminal defense attorney William Kickham told the Herald before the juror request. “It’s certainly not definitive that the defense is in trouble, but if I were to say whether it’s concerning for the prosecution or the defense, I would say that it’s concerning for the defense.”
He said his sense right now is that “there may be a majority who would like to acquit but there are one or a few holdovers for guilty.”
He said that of particular concern for the prosecution right now is the testimony from members of the Massachusetts State Police, who he said was “concerning,” especially that from lead investigator Trooper Michael Proctor, whose highly offensive personal text messages regarding Read were brought to light in trial.
“Whether Michael Proctor or other troopers, testimony from the State Police I don’t believe was good for the prosecution at all,” he said.
He said some of the strongest presentation for the defense were its own witnesses, particularly that of Dr. Marie Russell, who testified she believed wounds to O’Keefe’s arms were dog bites, as well as the last three witnesses who all testified that the science failed to show that O’Keefe was struck by a vehicle at all.
“I think the consistency of the defense witnesses on the final day of testimony was extremely powerful” he said.
On the flipside, he found prosecutor Lally’s closing compelling.
“The top of Adam Lally’s closing argument consisted of him saying the following, allegedly quoting Ms. Read, the defendant: ‘I hit him, I hit him, I hit him, I hit him,’” he said. “It was likely a punch in the stomach for the jurors.”
“I think Mr. Lally had a very challenging case to prove and I think the use of that phrasing in his closing argument was very powerful. Very impacting,” he said.
Lu said that the statement could also be read as an emotional reaction at the scene of death of her boyfriend, which could be exculpatory.
“There’s a strong argument that it was overcharged. I’m not making any judgements now … this situation is routinely overcharged,” he added.
Background
Jurors are in their fourth day of deliberations in the Karen Read murder trial taking place in Dedham.
Judge Beverly Cannone convened court shortly after 9 a.m. in the shortest session seen so far in the deliberative process. There was no sidebar and Cannone just asked jurors if they were able to follow her instructions to not consume any media regarding this case, to not discuss the case with anyone and to not do their own outside investigations.
They answered: “Yes” or nodded affirmatively.
Read, 44, of Mansfield, is charged with second-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of an accident resulting in death.
The second of the indicted charges features two “lesser included charge” options: involuntary manslaughter and motor vehicle homicide. Read can be convicted of or found not guilty of each one.
Prosecutors say that Read — drunk from a night out on the town and angry as her jealousy and discontent in her relationship grew — slammed her Lexus SUV into her boyfriend of about two years, Boston Police Officer John O’Keefe, and left him to freeze and die on the front yard of a fellow Boston cop in Canton.
Defense attorneys fought back throughout the trial, arguing that a network of Canton locals, local police and the regional hierarchy of the Massachusetts State Police worked to cover the murderous deeds of others and frame their client.
The Herald has reported that the crowd of Read supporters who gather near the Norfolk Superior Court in Dedham each morning in anticipation of a verdict has ebbed as the deliberations drag on.
Christine Robbins holds cutout heads of some of the witnesses from the Karen Read trial, where jurors deliberated behind closed doors. (Photo By Matt Stone/Boston Herald)