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Jurors in Karen Read’s retrial Tuesday asked the judge for clarification on what it means to be a hung jury Tuesday — nearly a year after her first trial ended in a mistrial for the same reason. By the end of the day, they left again without reaching a verdict.
Judge Beverly Cannone read the question in court as the sides returned from an hour lunch break.
“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?” she read.
Cannone said she could not answer that question as a judge under Massachusetts law because it was a “theoretical question” – a stance that defense attorney Alan Jackson disagreed with.
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“This is not the consequences of the verdict, it’s how do they report a verdict,” he told the court. “So I think saying I can’t answer this is sending a false message to the jury.”
It was the fourth question jurors sent since deliberations began around 2:40 p.m. Friday. Jurors left for the day at about 3:50 p.m. Tuesday again without a verdict. They are due back Wednesday morning.
“That question might have been answered by the answers to the other questions,” said Grace Edwards, a Massachusetts defense attorney who is closely following the case. “If they find her not guilty on Count 1, second-degree murder, and fill out the form and sign it, then that should be the end of it. She should not have to be retried on second-degree murder ever again.”
The first set of jurors’ questions sent to the court earlier Tuesday could also be a positive sign for her defense – at least as it pertains to the most serious charge she faces, experts say.
Judge Beverly Cannone read the three questions in court around 11 a.m. Tuesday:
- “What is the timeframe for the OUI (operating under the influence) charge? 12:45 or 5 a.m.?”
- “Are video clips of Karen’s interviews evidence?”
- “Does convicting guilty on a subcharge, for example offense 2 No. 5, convict the overall charge?”
“No doubt the defense is elated,” said Jack Lu, a retired Massachusetts judge and Boston College law professor.
Read the verdict slip:
Questions one and three are favorable for the defense, Lu told Fox News Digital, while two is “neutral.” All three indicate jurors are considering a lesser included charge rather than the top count of first-degree murder.
Read is accused of killing her then-boyfriend John O’Keefe’ in a drunken hit-and-run on Jan. 29, 2022 outside a party in Canton, Massachusetts.
WATCH: Karen Read recounts night of drinking at local bar in 2024 television interview
Mark Bederow, a New York City-based defense attorney who represents Read ally and Canton blogger Aidan Kearney, said the questions would have been addressed if the defense motion for an amended jury slip wasn’t rejected Monday.
KAREN READ’S DEFENSE WANT VERDICT SLIP SIMPLIFIED AS JURORS DELIBERATE MURDER CHARGE
“It does appear that the jury is entirely focused on OUI based on all three questions,” he said. “This encapsulates the problem with the count 2 slip and appears to be a repeat of what happened at the first trial – when a confused jury seemingly acquitted on all homicide charges and got confused with the convoluted instructions on the count 2 lessers.”
WATCH: Karen Read jurors sent 3 questions to judge as deliberations continue
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Read’s first trial ended in a hung jury last year after jurors went more than 25 hours over four days without reaching an agreement.
Defense attorney David Yannetti warned that the existing verdict slip has a “real potential to confuse the jury and cause errors” – focusing on Count 2 – the drunken driving manslaughter charge. The slip indicates that jurors can find her not guilty of the charge and a series of included lesser offenses, or they can find her individually guilty of three less-serious crimes ranging from involuntary manslaughter to drunken driving.
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Read addressed her drinking in the hours before O’Keefe’s death in a documentary interview played at trial.
“The drinks that they were pouring me at McCarthy’s, which was where I consumed most of the alcohol, was the weakest vodka tonic,” she told the camera. “It tasted just like all soda water with lime, not that I need it to be a martini, but it might have a splash of vodka in it.”
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Read’s blood-alcohol level was estimated to be around .09% when she was hospitalized for a mental health check following the discovery of O’Keefe’s remains. Nine hours earlier, at the time of his death, it was estimated to be significantly higher, although the defense argued she could have continued to drink after returning home.
“That tells me they are focusing on how alcohol played a role in this case, which is what the last jury found important also,” said Grace Edwards, a Massachusetts defense attorney who is following the case.
Read faces up to life in prison if convicted on the most serious charge – second-degree murder. Some of the OUI-related charges also carry multi-year penalties, Edwards said.
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