Karen Read jury’s latest note hints at possible ‘not guilty’ verdicts on 2 charges; jurors released for the day

Livestream via NBC10 Boston.

3:55 p.m. update: Jury ends second full day of deliberations with no verdict

Despite an earlier note that hinted at consensus on at least two charges, jurors in the Karen Read murder retrial went home Tuesday with no verdict in sight.

“It’s been a long day for everybody,” Judge Beverly Cannone acknowledged as she dismissed the jury shortly before 4 p.m. 

“We know you’ve all been working really hard, and we appreciate it,” the judge added. “So please just clear your heads, don’t think about this case at all, as best you can. And we’ll see you tomorrow morning when everybody’s fresh to start again.” 

The action-packed day of deliberations saw four questions from the jury, the last of which probed the possibility of “not guilty” verdicts on two of Read’s three charges. 

“If we find ‘not guilty’ on two charges but can’t agree on one charge, is it a hung jury on all three charges, or just one charge?” the jury’s note read. In a brief reply, Cannone told jurors she could not answer their theoretical question.

Earlier in the day, the jury sought to clarify “the timeframe for [Read’s] OUI charge” and questioned whether clips of Read’s media interviews should be considered evidence. Cannone declined to provide an exact timeframe for the drunk driving charge and instructed jurors to weigh Read’s interview comments as they would any other piece of evidence.

Read has pleaded not guilty to charges of second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving the scene of a fatal collision. The OUI manslaughter also carries lesser included offenses, and jurors questioned whether convicting Read of a lesser offense would also convict her of the main charge. Cannone supplied an amended verdict slip to the jury in response.

1:45 p.m. update: Jury’s latest note hints at possible ‘not guilty’ verdicts on two charges

In their latest note to Judge Beverly Cannone, Karen Read trial jurors hinted they may be close to consensus on at least some of the charges. 

“If we find ‘not guilty’ on two charges but can’t agree on one charge, is it a hung jury on all three charges, or just one charge?” Cannone read from the jury’s note.

“To me, it’s a theoretical question,” the judge reflected. “And we don’t answer theoretical questions.” 

She proposed sending a written response along the lines of, “This is not a question I can answer.” 

Read is facing three charges: second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving the scene of a fatal collision. The OUI manslaughter charge also carries lesser included offenses of involuntary manslaughter, motor vehicle homicide, and OUI.

While special prosecutor Hank Brennan agreed with Cannone’s plan, defense attorney Alan Jackson said he doesn’t see the question as a hypothetical scenario, but as the jury weighing its options. 

He expressed concern that if the question were to remain in jurors’ minds, “We’re going to end up in the exact same position that we were in last year.”

Notably, Read’s lawyers said they heard from several jurors in her first trial that the jury unofficially agreed to acquit Read of the murder and leaving-the-scene charges before deadlocking on the OUI manslaughter count. Cannone ultimately declared a mistrial last summer after the jury reported an impasse.

Responding to Jackson’s concerns of a repeat, the judge suggested the court could take other steps “to perhaps prevent that,” though she did not elaborate. 

She ultimately decided to amend her response to the jury so the note would read, “This is a theoretical question, not a question I can answer.” Jackson, however, maintained it was not an appropriate response. 

Court is now in recess.

12:20 p.m. update: Their questions answered, jurors head back into deliberations

With the jury back in the courtroom, Judge Beverly Cannone reminded jurors they are the ultimate factfinders in Karen Read’s murder retrial. 

The jury had asked earlier whether “the timeframe for [Read’s] OUI charge” was 12:45 a.m. or 5 a.m. on Jan. 29, 2022. After consulting with the attorneys, however, Cannone declined to offer a timestamp. 

“You folks have all the evidence,” she told jurors. “And remember, it’s only you who decide the facts in this case.”

Answering another jury question, Cannone also confirmed clips from Read’s media interviews are evidence in the case and instructed them to weigh Read’s comments as they would any other piece of evidence. She read a so-called “humane practice” instruction, which tells jurors they may only consider a defendant’s comments about an alleged crime if they find prosecutors have proven the defendant made the statements in question and did so voluntarily and rationally. 

Read is facing charges of second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving the scene of a fatal collision. The OUI manslaughter charge carries lesser included offenses of involuntary manslaughter, motor vehicle homicide, and OUI. 

Cannone supplied an amended verdict slip to answer the jury’s question about whether convicting Read of a lesser included offense also convicts her of the overall charge. 

The updated verdict slip should be “a little bit easier for you to follow,” Cannone told jurors. She instructed them to essentially work through the form from the top down, first considering the OUI manslaughter charge before the lesser offenses. 

With that, Cannone sent the jury back into deliberations and dismissed the lawyers. 

“We’ll see everybody at 1:30,” she added.

11:45 a.m. update: Judge and lawyers discuss jury’s questions

Meeting briefly with the prosecution and defense, Judge Beverly Cannone hashed out her responses to three clarifying questions from Karen Read trial jurors. 

Earlier Tuesday, the deliberating jury asked whether “the timeframe for the OUI charge” was 12:45 a.m. or 5 a.m. on Jan. 29, 2022. 

Read has pleaded not guilty to second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving the scene of a fatal collision. The OUI manslaughter charge also carries lesser included offenses of involuntary manslaughter, motor vehicle homicide, and OUI. 

While special prosecutor Hank Brennan asserted the state’s case “has always been focused at” 12:45 a.m., defense attorney Alan Jackson suggested Cannone simply remind jurors they are the ultimate factfinders. 

Given the 12:45 a.m. timestamp isn’t specified in Read’s indictment, Cannone said she wasn’t inclined to offer jurors an exact time. Instead, she said she will say something along the lines of, “you have the evidence. And remember, you are the factfinders.” 

As for the jury’s question about whether clips from Read’s media interviews should be considered evidence, Cannone said she will offer confirmation and instruct jurors to weigh Read’s comments as they would any other evidence, giving whatever weight they see fit.

The judge also said she intends to read a so-called “humane practice” instruction regarding statements a defendant has purportedly made about the crime for which they’re charged. 

The jurors further questioned whether convicting Read of a lesser included offense also convicts her of the overall charge, and Cannone proposed incorporating language from her jury instructions into the verdict slip. Jackson said the jury’s third question is answered by Cannone’s proposed amendments, though he suggested further edits to help clarify the form. 

Cannone said she plans to provide jurors the updated verdict slip and essentially walk them through it. She called a brief recess to get the document in order.

11:07 a.m. update: Jury asks three clarifying questions

Karen Read trial jurors offered their first insight into ongoing deliberations Tuesday as they submitted three questions to Judge Beverly Cannone. 

One question concerned the clips of Read’s media interviews and whether they may be considered as evidence. The other two sought to clarify Read’s charges.  

“What is the timeframe for the OUI charge?” Cannone said, reading aloud from the note cards. “OUI at 12:45 or OUI at 5 a.m.?”

Read is facing three charges: second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving the scene of a fatal collision. The OUI manslaughter charge carries lesser included offenses of involuntary manslaughter, motor vehicle homicide, and OUI. 

Prosecutors allege Read was driving drunk shortly after midnight on Jan. 29, 2022, and backed her SUV into her boyfriend, John O’Keefe. However, jurors also viewed video of Read behind the wheel shortly after 5 a.m. and heard testimony that Read’s blood alcohol level was between 0.078% and 0.092% just after 9 a.m. on the 29th. The legal limit for driving is 0.08%.  

In another question, the jurors wondered whether convicting Read of a lesser included offense also convicts her of the overall charge. Cannone proposed incorporating the language from her jury instructions into the verdict slip to make it clear jurors should start at the top of the form and work their way down to the lesser offenses. 

Cannone and the lawyers will discuss the three questions further at 11:25 a.m.

The wait for a verdict in Karen Read’s murder retrial continues Tuesday as jury deliberations stretch into another day. 

Judge Beverly Cannone sent the jury home at 4:20 p.m. Monday, encouraging them to take a break from the case.

“I think what’s a good idea to do is when you leave here, just leave the case here,” she suggested. “Literally, figuratively. Just clear your heads. It’s a beautiful day; get some fresh air, and we’ll see you tomorrow.”

Read, 45, is accused of striking her boyfriend, Boston Police Officer John O’Keefe, with her SUV in a drunken rage while dropping him off at an afterparty in Canton early on Jan. 29, 2022. Her lawyers contend she was framed as part of a botched and biased investigation. 

Jurors received the case Friday afternoon following closing arguments and jury instructions. The ongoing trial is Read’s second, after her first murder trial ended in a hung jury last summer.

Karen Read is facing the following charges:

• Second-degree murder
• Manslaughter while operating a motor vehicle under the influence of liquor
  • Involuntary manslaughter (lesser included charge)
  • Motor vehicle homicide (lesser included charge)
  • OUI (lesser included charge)
• Leaving the scene of an accident resulting in death

Abby Patkin

Staff Writer

Abby Patkin is a general assignment news reporter whose work touches on public transit, crime, health, and everything in between.

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