Karen Read has taken her double jeopardy challenge to toss the murder charge against her scheduled for retrial this spring to federal court, filing a habeas corpus claim with the U.S. District court in Boston.
The federal filing comes on the same day Read is at Norfolk Superior Court in Dedham for a motions hearing that includes her team’s latest motion to dismiss the case.
Read, 44, is charged with second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving the scene of an accident causing death. She’s accused of killing Boston Police Officer John O’Keefe, her boyfriend of about two years at the time, on Jan. 29, 2022.
In the federal filing, Read is asking the court, to “Issue a writ of habeas corpus and rule that Ms. Read’s re-prosecution on Counts 1 and 3 would violate her Double Jeopardy rights.”
The Massachusetts Supreme Judicial Court issued a decision last week finding that Read’s pending retrial did not violate her rights against double jeopardy.
At Norfolk Superior court this morning, Read’s defense team and prosecutors from the Norfolk DA’s office have wrangled over a handful of motions already.
First, Special prosecutor Hank Brennan said he reached a deal to receive materials wanted from a Boston 25 interview with Read’s parents, to be delivered by March 1.
Second, defense attorney Alan Jackson argued to be given a “forensically sound” copy of Canton Police Department surveillance footage from when materials, including Read’s Lexus SUV, were brought there following O’Keefe’s death.
Third, Judge Beverly Cannone requested that defense attorney David Yannetti file another affidavit in support of the team’s request to bring in New York City-based attorney Mark Bederow.
Brennan has heavy concern with this lawyer request because Bederow also represents Holden-based blogger Aidan Kearney, who has covered the Read case from a heavily pro-Read perspective and faces multiple counts of witness intimidation regarding witnesses in Read’s case.
The hearing is ongoing and attorneys have yet to argue the defense’s motion to dismiss.
This is a developing story.
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