Jurors in the Karen Read murder trial sent a note shortly before noon today indicating they were deadlocked. Judge Beverly Cannone nonetheless sent them back to continue deliberations.
“Despite our exhaustive review of the evidence and our diligent consideration of all disputed evidence, we have been unable to reach a unanimous verdict,” the jury note read by Cannone in court stated. “Signed by your foreperson.”
Prosecutor Adam Lally responded first, saying that it is “far, far too early” for the jurors to give up on their deliberation.
“The jurors just received this case earlier this week,” he said. “Furthermore, the note doesn’t really indicate that they can’t come to a conclusion, it just indicates they can’t come to a conclusion at this time.”
Defense attorney David Yannetti said that he disagreed and that the note clearly indicated they had “exhausted” all avenues to come to a unanimous decision in the case. Further, he said, jurors have only had one question, on Wednesday, which for the report from the team that searched the area John O’Keefe’s body was found. That request was denied, with Cannone saying jurors already had all evidence available in the case.
“You all know it is within my discretion, I decide,” Cannone said before making her ruling. She said it was a long case with 74 witnesses and that jurors had deliberated for only days, and short days at that. “Very complex issues in this case … I am going to send them back out.”
Analysis
When jurors were brought back in moments later she gave them their assignment: “I would ask you to clear your heads and have lunch and continue your deliberations.”
Retired Massachusetts Superior Court Judge Jack Lu said it was an “Absolutely solid call by (the) judge.”
“The jury is likely physically and emotionally exhausted and facing a holiday weekend which could increase the agony and disruption of life for the jury,” he told the Herald moments after Cannone reached her decision. He said that following a verdict it is standard for a judge “to meet privately with the jury to validate their emotional stress. Very emotional process, being a juror, with a group of strangers.”
Jurors began their deliberations on Tuesday afternoon following closing arguments. They deliberated then for maybe two and a half to three hours before being released for the day. They were released before 4 p.m. on both Wednesday and Thursday. Altogether, they had deliberated for nearly 17 hours and 30 minutes before they sent the note, per the Court TV-maintained deliberation clock. Because juror activities are unknown, it is not clear what portion of that time has actually been spent on breaks or non-deliberative activity.
Background
Jurors have begun their fourth day of deliberations in the Karen Read murder trial taking place in Dedham.
Judge Beverly Cannone convened court shortly after 9 a.m. in the shortest session seen so far in the deliberative process. There was no sidebar and Cannone just asked jurors if they were able to follow her instructions to not consume any media regarding this case, to not discuss the case with anyone and to not do their own outside investigations.
They answered: “Yes” or nodded affirmatively.
Read, 44, of Mansfield, is charged with second-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of an accident resulting in death.
The second of the indicted charges features two “lesser included charge” options: involuntary manslaughter and motor vehicle homicide. Read can be convicted of or found not guilty of each one.
Prosecutors say that Read — drunk from a night out on the town and angry as her jealousy and discontent in her relationship grew — slammed her Lexus SUV into her boyfriend of about two years, Boston Police Officer John O’Keefe, and left him to freeze and die on the front yard of a fellow Boston cop in Canton.
Defense attorneys fought back throughout the trial, arguing that a network of Canton locals, local police and the regional hierarchy of the Massachusetts State Police worked to cover the murderous deeds of others and frame their client.
The Herald has reported that the crowd of Read supporters who gather near the Norfolk Superior Court in Dedham each morning in anticipation of a verdict has ebbed as the deliberations drag on.
This is a developing story.
Christine Robbins holds cutout heads of some of the witnesses from the Karen Read trial, where jurors deliberated behind closed doors. (Photo By Matt Stone/Boston Herald)