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The Massachusetts woman accused of killing her Boston police officer boyfriend in a snowy collision has lost her Massachusetts Supreme Court appeal seeking to have her case tossed on the grounds of double jeopardy after a chaotic murder trial ended in a hung jury.
Karen Read, 45, is expected to go on trial for the second time as previously scheduled in April on charges of second-degree murder and leaving the scene of a deadly accident.
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Boston Police Officer John O’Keefe died from blunt force trauma to the head and hypothermia during a January snowstorm in Canton, Massachusetts, about 15 miles outside Beantown. Prosecutors say Read hit him with her SUV and fled the scene after a drunken fight. She claimed it was an elaborate cover-up and that she had left before he suffered any injuries. Jurors couldn’t reach an agreement on which side to believe.
After a lower court denied her motion to dismiss following the mistrial, she appealed to the state’s highest court, which handed down a decision Tuesday rejecting her argument that jurors only deadlocked on one of the three charges. She wanted the remaining two thrown out.
WATCH KAREN READ: KILLER OR CONVENIENT OUTSIDER?
Karen Read departs Norfolk Superior Court in Dedham, Massachusetts on Friday, August 9, 2024. Read, who was accused of killing her Boston police officer boyfriend with a vehicle in January 2022, was back in court Friday for a hearing discussing her defense team’s motion to dismiss.(Patriot Pics/Backgrid for Fox News Digital)
“The jury clearly stated during deliberations that they had not reached a unanimous verdict on any of the charges and could not do so,” Massachusetts Supreme Court Justice Serge Georges Jr. wrote in the court’s 35-page decision.
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Jurors told the judge in a series of notes that they were “deeply divided” over Read’s guilt of murder and other charges and could not reach an agreement.
“Only after being discharged did some individual jurors communicate a different supposed outcome, contradicting their prior notes,” Georges wrote.
KAREN READ MISTRIAL PUTS COPS IN TOUGH SPOT, OPENS DOOR FOR ACCUSED KILLER OF BOYFRIEND OFFICER TO WALK FREE
Because the jurors broke their silence only after the trial, it was too late, the court ruled.
“Such posttrial disclosures cannot retroactively alter the trial’s outcome — either to acquit or to convict,” Georges wrote. “Accordingly, we affirm the trial judge’s denial of the motion to dismiss and the defendant’s request for a posttrial juror inquiry.”
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Boston Police Officer John O’Keefe poses for his official portrait. O’Keefe’s girlfriend, Karen Reed, will have a second murder trial after the first ended with a hung jury following his death in January 2022.(Boston Police Department)
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Read’s new trial is expected to be led by a special assistant prosecutor, Hank Brennan, who once represented the mobster James “Whitey” Bulger and has already begun trying to obtain unpublished records from Massachusetts reporters who have interviewed Read.
Read the court’s decision
WATCH: DASHCAM FROM THE NIGHT JOHN O’KEEFE WAS FOUND DEAD
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“I don’t see how that was going to fly, because it was a mistrial, she wasn’t found guilty or not guilty,” said Paul Mauro, a former NYPD inspector and attorney. “Double jeopardy applies when you have a verdict. It’s in the Constitution.”
“This is settled law,” he added. “This is not double jeopardy, I agree with the court. Let’s get to a new trial and resolve this.”
The new trial is scheduled to begin on April 1.
She is also facing a wrongful death lawsuit from O’Keefe’s family.
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Read, in a recent round of interviews, argued that she was framed by the real killers, whom she believes are other members of law enforcement O’Keefe got into a fight with after she dropped him off at the home of fellow Boston Police Officer Brian Albert. O’Keefe was found dead in the snow on Albert’s front lawn.
Karen Read waits as her legal team meets at the side bar during Reid’s trial in Norfolk Superior Court, Friday, June 14, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking.(AP Photo/Charles Krupa, Pool)
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Testimony from Massachusetts State Trooper Michael Proctor, one of the key investigators, severely hurt prosecutors in court.
Jurors were seen shaking their heads in court as Read’s defense team read some of his text messages.
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In them, he called Read a “wack job,” a “babe … with no a–” and a “c—.” He wrote that he wished she would kill herself and joked about looking for nude selfies while searching her phone.
The rapper was a no-show at his 20 Years of Carter Classics stop in Maine
Mr. Carter, tell us, where have you been?
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Lil Wayne has apologized to fans after he was a no-show at his own concert on Tuesday in Bangor, Maine. The stop was the first date on his 20 Years of Carter Classics tour extension following a successful 2025 run.
“My Maine fans I’m so sorry… The show is being rescheduled to July 28. Please hold on to your tickets, they will be honored for the rescheduled date,” wrote Wayne in an Instagram Stories post the day after. “I ain’t shit without you I can’t wait to come back and give you the show you deserve.” The rapper said that additional information will be emailed to ticket holders.
On Tuesday, after 2 Chainz wrapped his opening set at the Maine Savings Amphitheater, the crowd reportedly waited for quite some time before being informed at 11 p.m. that Wayne would not be appearing and the show was over. No official explanation was provided.
“Well, I came here for Lil Wayne and 2 Chainz, and it was the most terrible experience. We drove over six hours to be here,” Rita Sack, an attendee who drove more than six hours from Nova Scotia for the concert, told local station Wabi.
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Sack told the outlet that an apology from the rapper at the time would have been appreciated. “We paid for Lil Wayne. Like, the least you can do is come out for a minute, apologize, you know? Like, just take the moment and be like, hey guys, sorry, not feeling it, feeling a little sick,” said Sack.
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A driver was killed in a 3-vehicle crash on the Everett Turnpike in Nashua, N.H. that also sent a Massachusetts woman, another driver and several children to the hospital, New Hampshire State Police said.
Theresa Douville of Hooksett, N.H. was driving a 2020 Honda CRV around 4:30 p.m. when she allegedly failed to slow down for traffic stopped in the northbound lane, State Police said in a statement.
She crashed into an Infiniti QX 60 driven by Gyna Santana, 35, of Lawence, who had children in her car, the statement said.
Santana’s car then hit another Infiniti QX 60 driven by Madison Berube, 30, of Hooksett, who also had chldren in the car, State Police said.
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Douville, 69, was treated at the scene for serious injuries by emergency workers. She was taken to a hospital, where she was pronounced dead, the statement said.
Santana, Berube, and multiple children from both vehicles were taken to a local hospital to be evaluated as a precaution, police said.
Three lanes of northbound traffic were shut down for about an hour while troopers processed the scene.
The crash remains under investigation.
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Adam Sennott can be reached at adam.sennott@globe.com.