By OAN Staff Michelangelo Hernandez
Sunday, August 11, 2024 12:40 PM
Defense lawyers in the murder trial of Massachusetts woman Karen Reed are arguing that her case should be dismissed amid opposition from prosecutors to the proposal.
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Defense lawyers for Reed, 44, are arguing for two charges, including murder, to be dismissed.
Reed is accused of drinking alcohol and assaulting her boyfriend, Boston Police Officer John O’Keefe, in January 2022, then leaving him to die in another officer’s yard during a snowstorm.
““They must meet their burden to prove to the court that they gave it every opportunity to declare a mistrial,” defense attorney Marty Weinberg said, “and they should not be willing to allow us to see that justice is being pursued in this court, where we do not want someone who has been acquitted to be tried a second time for the exact same crime.”
The defense appeared before the judge on Friday and argued that evidence showed jurors were willing to acquit on some charges but could not agree on the manslaughter charge, leading the judge to declare a mistrial in July.
The defense is arguing that if prosecutors retry Reed, it would be unconstitutional because there is no new evidence, and is arguing for dismissal.
“I want the judge to hold a hearing to ensure that Mr. Reed doesn’t become the first person in state history to be re-indicted on a murder charge by the same prosecutor who tried and failed once before,” Weinberg was quoted as saying.
But the prosecution argued that the charges were not allowed to be dismissed and that no such verdict was reached because the jury had left all sections blank on the verdict sheet.
“Your Honor, simply put, what the Council is proposing to do is forbidden by rule, forbidden by law, and forbidden by what has been permitted by decades and centuries of case law development. Of course, neither the Commonwealth nor anyone wants to try someone who has been acquitted by a jury of their peers, or retry them for the same crimes,” prosecutor Adam Lally said. “That is not what is happening. The jury did not reach a verdict.”
Prosecutors also opposed proposals by the defense to reconvene the jury or contact specific jurors to obtain sworn statements about their deliberations.
Friday’s hearing ended without a verdict. A second hearing is scheduled to begin on the 27th, barring any disruptions to the case’s schedule.Number January.
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