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Boston prosecutors ask state supreme court for Karen Read murder retrial

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Boston prosecutors ask state supreme court for Karen Read murder retrial


Prosecutors have called on the state’s highest court to allow them to retry Karen Read for murder in the death of her Boston police officer boyfriend, arguing against defense claims that jurors had reached a verdict against some of her charges before the judge declared a mistrial.

Read is accused of ramming into John O’Keefe with her SUV and leaving him to die in a snowstorm in January 2022. Read’s attorneys argue she is being framed and that other law enforcement officers are responsible for O’Keefe’s death. A judge declared a mistrial in June after finding that jurors could not reach agreement. A retrial on the same charges is set to begin in January.

In a brief filed late on Wednesday to the Massachusetts supreme judicial court, prosecutors wrote that there was no basis for dismissing the charges of second degree murder and leaving the scene of the accident.

There was “no viable alternative to a mistrial”, they argued in the brief, noting that the jury said three times that it was deadlocked before a mistrial was declared. Prosecutors said the “defendant was afforded a meaningful opportunity to be heard on any purported alternative.

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“The defendant was not acquitted of any charge because the jury did not return, announce, and affirm any open and public verdicts of acquittal,” they wrote. “That requirement is not a mere formalism, ministerial act, or empty technicality. It is a fundamental safeguard that ensures no juror’s position is mistaken, misrepresented, or coerced by other jurors.”

In the defense brief filed in September, Read’s lawyers said five of the 12 jurors came forward after her mistrial saying they were deadlocked only on a manslaughter count, and they had agreed unanimously – without telling the judge – that she was not guilty on the other counts. They argued that it would be unconstitutional double jeopardy to try her again on the counts of murder and leaving the scene of an accident resulting in death.

Oral arguments will be heard from both sides on 6 November.

In August, the trial judge ruled that Read could be retried on all three counts. “Where there was no verdict announced in open court here, retrial of the defendant does not violate the principle of double jeopardy,” the judge Beverly Cannone wrote.

Read’s attorney, Martin Weinberg, argued that under Cannone’s reasoning, even if all 12 jurors were to swear in affidavits that they reached a final and unanimous decision to acquit, this would not be sufficient for a double jeopardy challenge. “Surely, that cannot be the law. Indeed, it must not be the law,” Weinberg wrote.

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The American Civil Liberties Union supported the defense in an amicus brief. If the justices do not dismiss the charges, the ACLU said the court should at least “prevent the potential for injustice by ordering the trial court to conduct an evidentiary hearing and determine whether the jury in her first trial agreed to acquit her on any count”.

“The trial court had a clear path to avoid an erroneous mistrial: simply ask the jurors to confirm whether a verdict had been reached on any count,” the ACLU wrote in its brief. “Asking those questions before declaring a mistrial is permitted – even encouraged – by Massachusetts rules. Such polling serves to ensure a jury’s views are accurately conveyed to the court, the parties, and the community – and that defendants’ related trial rights are secure.”

Prosecutors said Read, a former adjunct professor at Bentley College, and O’Keefe, a 16-year member of the Boston police, had been drinking heavily before she dropped him off at a party at the home of Brian Albert, a fellow Boston officer. They said she hit him with her SUV before driving away. An autopsy found O’Keefe had died of hypothermia and blunt force trauma.

The defense portrayed Read as the victim, saying O’Keefe was actually killed inside Albert’s home and then dragged outside. They argued that investigators focused on Read because she was a “convenient outsider” who saved them from having to consider law enforcement officers as suspects.

The lead investigator, the state trooper Michael Proctor, was relieved of duty after the trial revealed he had sent vulgar texts to colleagues and family, calling Read a “whack job” and telling his sister he wished Read would “kill herself”. He said his emotions had got the better of him.

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Boston nightclub where woman suffered medical emergency and died has license reinstated

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Boston nightclub where woman suffered medical emergency and died has license reinstated


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After hearing testimony from club representatives and the loved ones of a woman who died there Dec. 21, regulators found no violations.

ICON, a nightclub in Boston’s Theater District, had its entertainment license reinstated at a hearing Thursday. Lane Turner/The Boston Globe

A Boston nightclub where a woman collapsed on the dance floor and died last month will have its entertainment license reinstated after the Boston Licensing Board found no violations Thursday.

Anastaiya Colon, 27, was at ICON, a nightclub in Boston’s Theater District, in the early hours of Dec. 21 when she suffered a fatal medical episode. Following the incident, her loved ones insisted that the club’s staff did not respond professionally and failed to control crowds.

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City regulators suspended ICON’s entertainment license pending an assessment of any potential violations. During a hearing Tuesday, they heard from attorneys representing the club and people who were with Colon the night she died.

Anastaiya Colon, 27, suffered a fatal medical episode Dec. 21 while at ICON.
Anastaiya Colon, 27, suffered a fatal medical episode Dec. 21 while at ICON. – GoFundMe

As EMTs attempted to respond, crowds inside the club failed to comply with demands to give them space, prompting police to shut down the club, according to a police report of the incident. However, the club and its representatives were adamant that staff handled their response and crowd control efforts properly.

Kevin Montgomery, the club’s head of security, testified that the crowd did not impede police or EMTs and that he waited to evacuate the club because doing so would have created a bottleneck at the entrance. Additionally, a bouncer and a bartender both testified that they interacted with Colon, who ordered one drink before collapsing, and did not see any signs of intoxication.

Angelica Morales, Colon’s sister, submitted a video taken on her phone to the board for them to review. Morales testified Tuesday that the video disproves some of the board’s claims and shows that ICON did not immediately respond to the emergency.

“I ran to the DJ booth, literally bombarded everybody that was in my way to get to the DJ booth, told them to cut the music off,” Morales said. “On my way back, the music was cut off for a minute or two, maybe less, and they cut the music back on.”

Shanice Monteiro, a friend who was with Colon and Morales, said she went outside to flag down police officers. She testified that their response, along with the crowd’s, was inadequate.

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“I struggled to get outside,” Monteiro said. “Once I got outside, everybody was still partying, there was no type of urgency. Nobody stopped.”

These factors, along with video evidence provided by ICON, did not substantiate any violations on the club’s part, prompting the licensing board to reinstate their entertainment license at a subsequent hearing Thursday.

“Based on the evidence presented at the hearing from the licensed premise and the spoken testimony and video evidence shared with us from Ms. Colon’s family, I’m not able to find a violation in this case,” Kathleen Joyce, the board’s chairwoman, said at the hearing.

However, Joyce further stated that she “was not able to resolve certain questions” about exactly when or why the club turned off the music or turned on the lights. As a result, the board will require ICON to submit an emergency management plan to prevent future incidents and put organized safety measures in place.

“This plan should outline detailed operational procedures in the event of a medical or any other emergency, including protocols for police and ambulance notification, crowd control and dispersal, and procedures regarding lighting and music during an emergency response,” Joyce said.

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Though the club will reopen without facing any violations, Joyce noted that there were “lessons left to be learned” from the incident.

“This tragedy has shaken the public confidence in nightlife in this area, and restoring that confidence is a shared obligation,” she said. “People should feel safe going out at night. They should feel safe going to a club in this area, and they should feel safe getting home.”

Keeana Saxon, one of three commissioners on the licensing board, further emphasized the distinction Joyce made between entertainment-related matters and those that pertained to licensing. Essentially, the deciding factor in the board’s decision was the separation of the club’s response from any accountability they may have had by serving Colon liquor.

“I hope that the family does understand that there are separate procedures for both the entertainment and the licensing, just to make sure that on the licensing side, that we understand that she was only served one drink and that it was absolutely unforeseeable for that one drink to then lead to some kind of emergency such as this one,” Saxon said.





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Battenfeld: Michelle Wu should demand better security after Boston Medical Center rape

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Battenfeld: Michelle Wu should demand better security after Boston Medical Center rape


In the middle of Michelle Wu’s orchestrated inaugural celebration, prosecutors described a senseless hospital horror that unfolded at Boston Medical Center – a rape of a partially paralyzed patient allegedly by a mentally ill man allowed to freely roam the hospital’s hallways.

It happened in September in what is supposed to be a safe haven but too often is a dangerous campus. Drug addicts with needles frequently openly camp in front of the hospital, and in early December a security guard suffered serious injuries in a stabbing on the BMC campus. The alleged assailant was finally subdued by other security guards after a struggle.

In the September incident, prosecutors described in court this week how the 55-year-old alleged rapist Barry Howze worked his way under the terrified victim’s bed in the BMC emergency room and sexually assaulted her.

“This assault was brutal and brazen, and occurred in a place where people go for help,” Suffolk County prosecutor Kate Fraiman said. “Due to her partial paralysis, she could not reach her phone, which was under her body at the time.”

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Howze, who reportedly has a history of violent offenses and mental illness, was able to flee the scene but was arrested two days later at the hospital when he tried to obtain a visitor’s pass and was recognized by security. Howze’s attorney blamed hospital staff for allowing him the opportunity to commit the crime and some city councilors are demanding answers.

“This was a horrific and violent sexual assault on a defenseless patient,” Councilor Ed Flynn said. “The safety and security of patients and staff at the hospital can’t be ignored any longer. The hospital leadership must make immediate and major changes and upgrades to their security department.”

Flynn also sent a letter to BMC CEO Alastair Bell questioning how the assailant was allowed to commit the rape.

Where is Wu? She was too busy celebrating herself with a weeklong inaugural of her second term to deal with the rape at the medical center, which is near the center of drug-ravaged Mass and Cass.

If the rape had happened at a suburban hospital, people would be demanding investigations and accountability.

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But in Boston, Wu takes credit for running the “safest major city in the country” while often ignoring crimes.

Wu should intervene and demand better security and safety for the staff and patients at BMC.

Although the hospital is no longer run by the city, it has a historic connection with City Hall. It is used by Boston residents, many of them poor and disabled or from marginalized communities. She should be out front like Flynn demanding accountability from the hospital.

Boston Medical Center, located in the city’s South End, is the largest “safety-net” hospital in New England. It is partially overseen by the Boston Public Health Commission, whose members are appointed by the mayor.

BMC was formed in 1996 by the Thomas Menino administration as a merger between the city-owned Boston City Hospital, which first opened in 1864, and Boston University Medical Center.

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Menino called the merger “the most important thing I will do as mayor.”

When he was appointed CEO by the hospital board of trustees in 2023, Bell offered recycled Wu-speak to talk about how BMC was trying to “reshape” how the hospital delivers health care.

“The way we think about the health of our patients and members extends beyond traditional medicine to environmental sustainability and issues such as housing, food insecurity, and economic mobility, as we study the root causes of health inequities and empower all of our patients and communities to thrive,” Bell said.

But the hospital has been plagued by security issues in the last few years, and a contract dispute with the nurses’ union. The nurses at BMC’s Brighton campus authorized a three-day strike late last year over management demands to cut staffing and retirement benefits.

Kirsten Ransom, BMC Brighton RN and Massachusetts Nurses Association co-chair, said, “This vote sends a clear message that our members are united in our commitment to make a stand for our patients, our community and our professional integrity in the wake of this blatant effort to balance BMC’s budget on the backs of those who have the greatest impact on the safety of the patients and the future success of this facility.”

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Boston City Hall intruder who stole from employees nabbed by police, after shoplifting arrest: BPD

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Boston City Hall intruder who stole from employees nabbed by police, after shoplifting arrest: BPD


Boston Police said they have nabbed the masked suspect who entered private office suites in City Hall during work hours and stole wallets stuffed with cash and credit cards from multiple employees.

The Boston Police Department identified Darrin O’Neil, 60, of Lowell as the suspect involved in the City Hall thefts, which occurred last month, on Dec. 1.

O’Neil was already being held after a prior shoplifting arrest at DICK’s House of Sport on Boylston Street when he was identified as the alleged perpetrator of the City Hall crime, following what the cops described as an “extensive investigation,” Boston Police said on Wednesday.

Three City Hall employees reported that their wallets, which contained cash, credit cards, health savings account cards, and personal ID were stolen from their offices, per Boston Police reports.

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One woman who had her wallet snatched out of her purse with two credit cards, her City Hall ID, Massachusetts driver’s license, insurance and library cards, and $100 in cash told police two of her coworkers saw an unknown man “in the area who was wearing a brown beanie, dark jacket, sweatpants, and a blue face mask.”

Two other employees told police that not only were cash and credit cards stolen from their offices, but the thief used the cards to rack up hundreds of dollars in unauthorized purchases — totaling $1,500 at Macy’s and Walgreens.

The incident led to calls from two city councilors, Ed Flynn and Erin Murphy, for the city to tighten up security protocols in light of the intrusion and theft, which occurred during work hours and was described by both as a “security breach.”

Mayor Michelle Wu’s office said a day later that steps have already been taken to increase security after the incident, which involved unauthorized access to “several” office suites that are restricted to authorized personnel only.

Municipal Protective Services, which provides security for city buildings, has increased internal patrols throughout City Hall as a result of the incident, the mayor’s office said.

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O’Neil was arrested on shoplifting charges on Dec. 27 at 760 Boylston St., after he was seen inside DICK’s House of Sport concealing merchandise, police said.

Police said they had responded to the store at 11:39 a.m. for a report of a theft in progress.

While police approached, O’Neil was seen exiting the sporting goods store. The cops “were able to quickly stop the suspect and could see clothing with tags affixed to them inside of a bag,” police said.

During a search, about $408 of stolen merchandise was recovered, police said.

For the shoplifting incident, O’Neil was arrested and charged with larceny under $1,200 and being a common and notorious thief, police said.

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After further investigation, police said they determined that O’Neil had seven active warrants for his arrest for charges of four counts of larceny from a building, three counts of receiving stolen property under $1,200, two counts of larceny of a credit card, shoplifting by asportation, credit card fraud under $1,200, and shoplifting by concealing merchandise.



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