AND FIVE. WCVB, NEWSCENTER FIVE AT FIVE STARTS RIGHT NOW. BREAKING NEWS FIRST HERE AT 5:00 KAREN. REED’S RETRIAL WILL BEGIN IN ONE WEEK. WITHIN THE LAST HOUR. THE JUDGE DENIED REED’S REQUEST TO DISMISS THE CHARGES AGAINST HER. IN HER RULING, JUDGE BEVERLY CANNON WRITES THIS, QUOTE, SUCH A DRASTIC SANCTION IS JUSTIFIED ONLY IN RESPONSE TO THE MOST EGREGIOUS AND TRULY HARMFUL CONDUCT IN ALL BUT THE WORST CASES, THE APPROPRIATE REMEDY IS, AT BEST, A NEW TRIAL, SUCH AS THE ONE THAT IS SCHEDULED TO BEGIN SOON. GOOD EVENING EVERYBODY. I’M BEN SIMMONEAU AND I’M ERIKA TARANTAL. NEWSCENTER 5 DAVID BIENICK IS LIVE OUTSIDE THE COURTHOUSE IN DEDHAM TONIGHT. DAVID. THIS IS NOT THE ONLY DECISION. THE JUDGE IS TASKED WITH MAKING. YEAH. THAT’S RIGHT. ERICA. THE JUDGE ALSO HAS TO DECIDE WHETHER TO ALLOW THE DEFENSE TO TELL THEIR VERSION TO THE JURY, NAMELY, THAT SOMEONE ELSE IS RESPONSIBLE FOR THE CRIMES OF WHICH SHE IS ACCUSED. NOW, THE JUDGE DID ALLOW THIS FOR REED’S FIRST TRIAL, BUT HAS YET TO MAKE UP HER MIND FOR THE SECOND. MADE IT. WE’RE HERE IN A PREVIEW OF THE THEORY THEY PLAN TO LAY OUT AT TRIAL. KAREN REED’S ATTORNEYS NAMED THE THREE OTHER PEOPLE THEY SAY KILLED JOHN O’KEEFE, AND THE REASONS WHY THERE IS AMPLE EVIDENCE TENDING TO SHOW THAT SOMEBODY ELSE CAUSED JOHN O’KEEFE’S DEATH. DEFENSE ATTORNEY DAVID GIANETTI DESCRIBED BRIAN TALBOT AS A BULLY KNOWN FOR PUNCHING OTHER POLICE OFFICERS. HE SAID HIS NEPHEW, COLIN TALBOT, HAD A BEEF WITH O’KEEFE OVER BEER CANS THROWN IN O’KEEFE’S YARD, AND HE SAID ATF AGENT BRIAN HIGGINS WAS UPSET BECAUSE REED HAD STOPPED SENDING HIM FLIRTATIOUS TEXT MESSAGES. WE’RE SOLELY SEEKING TO INTRODUCE THE CRUX OF A THIRD PARTY CULPRIT DEFENSE, WHICH IS EVIDENCE OF MOTIVE, OPPORTUNITY AND MEANS, ALL OF WHICH BRIAN ALBERT, BRIAN HIGGINS AND COLIN ALBERT HAD. IN A STATEMENT, A LAWYER FOR BRIAN ALBERT SAID THE DEFENSE STRATEGY IN THE FIRST TRIAL WAS TO CONCOCT A WORK OF FICTION BY POINTING THE FINGER AT INNOCENT CIVILIANS. IT APPEARS THEY PLAN TO RELY ON FICTION AGAIN. IN THE SECOND TRIAL. TAKE A COUPLE OF FACTS. SOMEONE’S A BOXER, THEY DRANK ALCOHOL AND CONVERT IT INTO A STORY, IS HOW THEY WILL TRY TO PORTRAY THESE UNSUBSTANTIATED FACTS AT TRIAL. THEY’LL TELL A STORY. IT WILL DIVERT THE JURY’S ATTENTION. EARLIER, SPECIAL PROSECUTOR HANK BRENNAN ARGUED HE SHOULD BE ALLOWED TO SEE TEXT MESSAGES BETWEEN REED AND GIANNETTI, SAYING REED HAS GIVEN UP HER ATTORNEY CLIENT PRIVILEGE BY TALKING ABOUT HER LAWYER CONVERSATIONS IN PUBLIC. BUT AS ONE OF REED’S ATTORNEYS WAS ARGUING AGAINST BRENNAN’S REQUEST, THE JUDGE CUT HIM OFF AND SAID SHE’D HEARD ENOUGH. I’M NOT GOING TO GIVE YOU THIS INFORMATION, MR. BRENNAN. I DON’T EVEN THINK IT’S APPROPRIATE FOR ME, I SO THE EMOTIONS TONIGHT. SO THE PROSECUTORS WILL NOT GET TO SEE THOSE MESSAGES BETWEEN REED AND HER ATTORNEYS. MEANWHILE, THE JUDGE SAID THAT 218 PEOPLE HAVE ALREADY RECEIVED JURY SUMMONS TO BE HERE FOR DAY ONE OF JURY SELECTION. JUST DAY ONE. THE ENTIRE PROCESS IS EXPECTED TO LAS
With the start of Karen Read’s second trial rapidly approaching, the judge overseeing the case issued several decisions Tuesday, including a denial of the latest motion to dismiss the case, and heard attorneys debate admissibility of a key defense strategy. The docket shows that Judge Beverly Cannone also issued a ruling about a proposed buffer zone around the courthouse. NewsCenter 5 is working to obtain a copy of that order. Several more decisions are expected before the start of jury selection on April 1. In court on Tuesday, Read’s defense team laid out its most extensive explanation to date of why it thinks three other people are responsible for John O’Keefe’s death during a Tuesday hearing largely focused on the defense’s plan to use a third-party culprit defense.Read’s defense accused Brian Albert of being a bully, Colin Albert of having a beef with O’Keefe over beer cans and Brian Higgins of being jilted after Read broke off their flirtatious texts. “The third-party culprit strategy is a desperate defense measure,” said Bill Connolly, Higgins’ lawyer. “The idea that Brian Higgins—a former firefighter, combat veteran, decorated federal agent, Tactical Medic and Emergency Medical Technician who has dedicated his life to service over self—participated in the murder of John O’Keefe is absurd.”Special Prosecutor Hank Brennan argued the defense has failed to meet its burden to prove animosity, motive or opportunity among any of the three potential third-party culprits, each of whom was at the property where O’Keefe was found or may have been there.”At some point, the defendant herself said that they knew who the third-party culprit was, and recently, the position of the defense has shifted that they don’t know and don’t need to know,” Brennan said. “There is ample evidence to show that somebody else caused John O’Keefe’s death. In our opposition, we have cataloged the evidence against each of the potential third-party culprits that we named the last time we were in court. Each one of them had a motive and an opportunity to harm John O’Keefe,” defense attorney David Yannetti said.Judge Beverly Cannone did not immediately decide the issue. Cannone did throw out the prosecution’s request to see phone messages between Read and one of her attorneys. The prosecution argued Read had given up her right to keep those messages secret by talking about them in public. The defense was in the process of arguing its side when the judge interrupted to say she had made up her mind. She said turning over the messages would be inappropriate. Later, Cannone issued orders denying Read’s latest motion to dismiss based on allegations of “extraordinary government misconduct,” noting that Read’s constitutional rights will be protected in the upcoming trial.Cannone also must decide on the prosecution’s request to exclude the testimony of a former FBI agent who is expected to criticize the handling of the investigation.Brennan was also asking to see all of the unedited videos of Read’s interviews with the producers of the new documentary series.“The defendant voluntarily and intentionally disclosed the existence of these communications and her initial thoughts about her culpability for causing the death of John O’Keefe during various public interviews,” Brennan wrote.Brennan said Read intentionally waived her attorney-client privilege “by disclosing her conversations, to a nationwide audience, with her attorney.”He cited media interviews and a five-part docuseries called “A Body in the Snow: The Trial of Karen Read,” in which Read says, “And then when I hired David Yannetti, I asked him those questions the night of Jan. 29. ‘Like David what if, I don’t know, what if I ran his foot over, or, or, what if I clipped him in the knee and he passed out and or went to care for himself and he threw up or passed out.’ And David said, ‘Yeah then you have some element of culpability.’ So that’s how I thought about things for about three days.” What to know about the case:Read, 45, of Mansfield, pleaded not guilty to second-degree murder and other charges. The prosecution says she hit her boyfriend, O’Keefe, with her vehicle outside of a home in Canton during a snowstorm on Jan. 29, 2022, following a night of drinking. Her defense argued that someone else was responsible for killing O’Keefe.The defense centered on allegations of a cover-up involving members of several law enforcement agencies. They say O’Keefe was beaten inside the home, bitten by a dog and then left outside. Testimony in Read’s first trial began on April 29, following opening statements. It ended on July 1, when jurors reported being hopelessly deadlocked, and a mistrial was declared.Read’s team vowed to keep fighting, and her defense has waged a considerable battle across multiple courts, attempting to get charges dropped or have the case thrown out entirely. Meanwhile, a federal investigation into the case concluded without any charges being filed against police.Her second trial is scheduled to begin with jury selection on April 1.
DEDHAM, Mass. —With the start of Karen Read’s second trial rapidly approaching, the judge overseeing the case issued several decisions Tuesday, including a denial of the latest motion to dismiss the case, and heard attorneys debate admissibility of a key defense strategy.
The docket shows that Judge Beverly Cannone also issued a ruling about a proposed buffer zone around the courthouse. NewsCenter 5 is working to obtain a copy of that order.
Several more decisions are expected before the start of jury selection on April 1.
In court on Tuesday, Read’s defense team laid out its most extensive explanation to date of why it thinks three other people are responsible for John O’Keefe’s death during a Tuesday hearing largely focused on the defense’s plan to use a third-party culprit defense.
Read’s defense accused Brian Albert of being a bully, Colin Albert of having a beef with O’Keefe over beer cans and Brian Higgins of being jilted after Read broke off their flirtatious texts.
“The third-party culprit strategy is a desperate defense measure,” said Bill Connolly, Higgins’ lawyer. “The idea that Brian Higgins—a former firefighter, combat veteran, decorated federal agent, Tactical Medic and Emergency Medical Technician who has dedicated his life to service over self—participated in the murder of John O’Keefe is absurd.”
Special Prosecutor Hank Brennan argued the defense has failed to meet its burden to prove animosity, motive or opportunity among any of the three potential third-party culprits, each of whom was at the property where O’Keefe was found or may have been there.
“At some point, the defendant herself said that they knew who the third-party culprit was, and recently, the position of the defense has shifted that they don’t know and don’t need to know,” Brennan said.
“There is ample evidence to show that somebody else caused John O’Keefe’s death. In our opposition, we have cataloged the evidence against each of the potential third-party culprits that we named the last time we were in court. Each one of them had a motive and an opportunity to harm John O’Keefe,” defense attorney David Yannetti said.
Judge Beverly Cannone did not immediately decide the issue.
Cannone did throw out the prosecution’s request to see phone messages between Read and one of her attorneys. The prosecution argued Read had given up her right to keep those messages secret by talking about them in public. The defense was in the process of arguing its side when the judge interrupted to say she had made up her mind. She said turning over the messages would be inappropriate.
Later, Cannone issued orders denying Read’s latest motion to dismiss based on allegations of “extraordinary government misconduct,” noting that Read’s constitutional rights will be protected in the upcoming trial.
Cannone also must decide on the prosecution’s request to exclude the testimony of a former FBI agent who is expected to criticize the handling of the investigation.
Brennan was also asking to see all of the unedited videos of Read’s interviews with the producers of the new documentary series.
“The defendant voluntarily and intentionally disclosed the existence of these communications and her initial thoughts about her culpability for causing the death of John O’Keefe during various public interviews,” Brennan wrote.
Brennan said Read intentionally waived her attorney-client privilege “by disclosing her conversations, to a nationwide audience, with her attorney.”
He cited media interviews and a five-part docuseries called “A Body in the Snow: The Trial of Karen Read,” in which Read says, “And then when I hired David Yannetti, I asked him those questions the night of Jan. 29. ‘Like David what if, I don’t know, what if I ran his foot over, or, or, what if I clipped him in the knee and he passed out and or went to care for himself and he threw up or passed out.’ And David said, ‘Yeah then you have some element of culpability.’ So that’s how I thought about things for about three days.”
What to know about the case:
Read, 45, of Mansfield, pleaded not guilty to second-degree murder and other charges. The prosecution says she hit her boyfriend, O’Keefe, with her vehicle outside of a home in Canton during a snowstorm on Jan. 29, 2022, following a night of drinking. Her defense argued that someone else was responsible for killing O’Keefe.
The defense centered on allegations of a cover-up involving members of several law enforcement agencies. They say O’Keefe was beaten inside the home, bitten by a dog and then left outside.
Testimony in Read’s first trial began on April 29, following opening statements. It ended on July 1, when jurors reported being hopelessly deadlocked, and a mistrial was declared.
Read’s team vowed to keep fighting, and her defense has waged a considerable battle across multiple courts, attempting to get charges dropped or have the case thrown out entirely. Meanwhile, a federal investigation into the case concluded without any charges being filed against police.
Her second trial is scheduled to begin with jury selection on April 1.
