Newsletter Signup
Stay up to date on all the latest news from Boston.com
Judge denies gag order request in Karen Read case
Judge Beverly Cannone acknowledged that statements made by Read’s lawyers “are arguably inflammatory," but said she didn't see a need for a gag order right now.
A Norfolk Superior Court judge on Monday denied prosecutors’ request for a gag order in the case of Karen Read, a Mansfield woman charged with murder in the death of her Boston police officer boyfriend.
In her decision, Judge Beverly Cannone acknowledged that public statements made by Read’s lawyers “are arguably inflammatory and appear to have fueled much of the publicity in this case,” but said she did not find “a substantial likelihood that the statements will materially prejudice the proceedings.”
Read is accused of striking John O’Keefe with her car and leaving him to die in the snow on Jan. 29, 2022. Prosecutors allege that she backed up into O’Keefe while dropping him off at a fellow Boston police officer’s home in Canton following a night out, but Read’s lawyers argue that the 43-year-old was framed and that other afterparty guests are to blame.
More on Karen Read:
In a motion filed in June, Assistant District Attorneys Adam C. Lally and Laura A. McLaughlin asked Cannone to bar Read’s attorneys from speaking about parts of the case outside the courtroom, arguing that the lawyers’ tactics fueled an invasion of witnesses’ privacy.
Advertisement:
Cannone acknowledged that the defense team’s statements to the media “have at times arguably crossed the line of permissibility,” cautioning the lawyers to be mindful of the rules.
However, she saw no need for the gag order at this time.
“The statements at issue can generally be characterized as responses to the accusations against the defendant and as pertaining to the theory of her defense,” Cannone wrote. “Further, the likelihood that they could cause any material prejudice is minimized by the fact that no trial date has been scheduled.”
Advertisement:
She also warned that Monday’s decision doesn’t rule out the possibility of a future order limiting attorneys’ statements.
In an interview prior to Monday’s decision, Boston-based criminal defense attorney Peter Elikann told Boston.com that gag orders are rare.
“Gag orders are granted extremely rarely; it almost never happens,” he said. “The key is if you do make public statements about the case, you don’t want them to be misleading in such a highly prejudicial way.”
If there is a concern that the potential juror pool has become prejudiced or swayed to one side or the other, courts will sometimes order a change of jurisdiction and move the case to a different area, Elikann explained.
“The problem with a case like this is it’s been so covered by the media throughout the state that it might be hard to find another county anywhere in Massachusetts where the members of the public have not heard about the case,” he said.
The case has also drawn national attention, with NBC’s “Dateline” set to feature the story in an upcoming episode.
Advertisement:
Read has pleaded not guilty to charges of second-degree murder, motor vehicle manslaughter while driving under the influence, and leaving the scene of a collision causing injury and death. She’s due back in court on Sept. 15.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com