BOSTON (WHDH) – Karen Read’s defense team submitted a lengthy filing to the Massachusetts Supreme Judicial Court Tuesday outlining their argument to throw out two of three charges against Read.
The 77-page document comes two weeks after lawyers initiated the process of filing an appeal.
As Read faces a new trial in her case, her lawyers argue Massachusetts’ highest court should dismiss charges of second degree murder and and leaving the scene of an accident causing death after purported jurors in Read’s first trial said they agreed Read was not guilty of those offenses. The defense said jurors were deadlocked on one remaining charge — manslaughter.
Jurors never delivered an official verdict on any of the charges against Read, leading Judge Beverly Cannone to declare a mistrial.
In a flurry of post-trial motions and arguments, though, Read’s lawyers said they heard from jurors who described their deliberations. Lawyers said jurors were confused by the series of events that led to the mistrial and said Cannone should have polled the jury before her declaration. If she took such action, the defense argues, Cannone would have learned the jury was in partial agreement.
To date, Read’s attorneys say they have heard from five jurors. Though seven jurors have not come forward to corroborate the claims, Read’s lawyers noted significant media coverage and said “no jurors disputed the facts represented by the attorneys in any matter.”
Lawyers have argued the Constitution’s double jeopardy clause prohibits Read from facing trial again on the same charges.
“Given the central importance that acquittals have held in our criminal justice system for hundreds of years, the defense respectfully submits that the jury’s unanimous agreement precludes re-prosecution of Ms. Read on Counts 1 and 3 and mandates dismissal of those charges,” Read’s team wrote.
Read is accused of hitting her boyfriend, Boston police officer John O’Keefe, with…