Karen Read appeals double jeopardy ruling to US Supreme Court

With assemblage enactment underway for her 2nd execution proceedings successful the decease of Boston Police Officer John O'Keefe, attorneys for Karen Read are appealing a little court's ruling that she is not facing treble jeopardy to the U.S. Supreme Court.

Read's archetypal proceedings ended with a mistrial past year, but her lawyers person argued that the assemblage agreed unanimously that she was not blameworthy of 2 of the 3 charges, including the astir superior of murder, and that keeping those connected the books for her 2nd proceedings is unconstitutionally placing her connected proceedings doubly for the aforesaid crime.

This statement was unannounced astatine trial, however.

PROBE OF TOWN POLICE IN KAREN READ CASE FINDS NO SIGN OF ‘CONSPIRACY TO FRAME’ SLAIN OFFICER'S GIRLFRIEND

Karen Read exits Norfolk Superior Court successful Dedham, Massachusetts, connected Wednesday, April 2, 2025. (Dario Alequin for Fox News Digital)

According to the 149-page filing, Read's lawyers are presenting the precocious tribunal with 2 questions:

1. Whether a last and unanimous, but unannounced, determination by a assemblage pursuing proceedings that the prosecution failed to beryllium a suspect blameworthy of a charged discourtesy constitutes an acquittal precluding retrial nether the Double Jeopardy Clause. 
2. Whether a suspect who produces credible grounds of specified a final, unanimous, and unannounced acquittal is entitled to a post-trial proceeding to substantiate the information of specified acquittal.

KAREN READ AND JOHN O'KEEFE: INSIDE EVOLUTION OF BOSTON MURDER MYSTERY SINCE JULY MISTRIAL

Officer John O’Keefe poses for his authoritative headshot. O’Keefe’s girlfriend, Karen Reed, is presently connected proceedings for execution aft helium was recovered dormant extracurricular a Massachusetts location successful January 2022. (Boston Police Department)

The Fifth Amendment guarantees law extortion from facing treble jeopardy – proceedings oregon punishment for the aforesaid discourtesy twice.

After a mistrial, a retrial tin usually proceed – but Read's lawyers reason the unsocial circumstances successful her lawsuit spot her nether treble jeopardy connected the 2 charges jurors agreed connected but did not announce.

GO HERE FOR FULL COVERAGE OF THE 2ND KAREN READ TRIAL

Karen Read and John O'Keefe airs successful an undated photo. (Karen Read)

Over days of stalled deliberations, jurors repeatedly sent notes to the tribunal explaining they were astatine an impasse, and Judge Beverly Cannone instructed them to support trying. Deliberations began connected June 25, 2024. By July 1, with jurors inactive deadlocked, the justice declared a mistrial.

In their appeal, Read's lawyers said the justice did not springiness counsel for either broadside the accidental to talk and dismissed the assemblage without asking them if they were locked connected each charges oregon immoderate charges individually. 

KAREN READ JURY SELECTION: DOZENS IN POOL ALREADY HAVE AN OPINION ON THE CASE

Karen Read sits successful tribunal during assemblage enactment astatine Norfolk County Superior Court connected Thursday, April 18, 2024 successful Dedham, Massachusetts, for her archetypal trial. (David McGlynn/New York Post via AP, Pool)

The adjacent day, a juror identified arsenic Juror A contacted Read's attorney, Alan Jackson, and told him that the sheet had "unanimously agreed that Karen Read is not blameworthy of Count 1 (second-degree murder)," according to the lawsuit.

Text messages purportedly sent from Juror B expressed akin claims, according to the lawsuit. Jurors C and D besides reached retired to Read's squad with akin versions of events, according to the filing. 

Additionally, astatine slightest 1 juror said it successful a voicemail for prosecutors.

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Karen Read smiles arsenic defence lawyer David Yannetti speaks to reporters successful beforehand of Norfolk Superior Court aft the justice declared a mistrial aft jurors were incapable to scope a verdict pursuing a two-month proceedings connected Monday, July 1, 2024 successful Dedham, Massachusetts. (AP Photo/Steven Senne)

"It was not blameworthy connected 2nd degree," Juror B wrote successful a substance shared with different Read attorney, David Yannetti. "And divided successful fractional for the 2nd charge…I thought the prosecution didn’t beryllium the case. No 1 thought she deed him connected intent oregon adjacent thought she deed him connected purpose."

In a telephone conversation, Read's lawyers assertion Juror B clarified the 2nd condemnation of that text, saying it should person read, "No 1 thought she deed him connected intent oregon adjacent knew that she had deed him."

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Judge Beverly Cannone looks implicit the verdict gaffe the jurors person to capable retired erstwhile they scope a verdict successful Karen Read's execution proceedings connected Wednesday, June 26, 2024 astatine Norfolk Superior Court successful Dedham, Massachusetts. (Greg Derr/The Patriot Ledger via AP, Pool)

The execution complaint was "off the table," according to the filing, and Juror A besides said jurors agreed that Read was not blameworthy of leaving the scene.

Read was arrested connected charges of drunken driving, manslaughter and leaving the country of an accident, and aboriginal indicted for the further complaint of second-degree execution aft she allegedly backed into O'Keefe extracurricular a enactment and drove away, leaving him to dice connected the crushed successful a snowstorm.

If her entreaty is successful, she would conscionable look the manslaughter charge.

Karen Read appears with her attorneys, Alan Jackson and David Yannetti, during the archetypal time of assemblage enactment astatine Norfolk Superior Court connected Tuesday, April 1, 2025 successful Dedham, Massachusetts. (Nancy Lane/The Boston Herald via AP, Pool)

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Appellate courts successful Massachusetts person already denied her request, uncovering that due to the fact that nary verdict had been work successful court, she was not acquitted of immoderate charges and is not facing treble jeopardy. Her ineligible squad turned to the nation's highest tribunal this week, asking them to reappraisal a little court's determination and for a post-trial proceeding connected the matter. 

Read could look beingness successful situation if convicted of second-degree execution astatine her 2nd trial, which began Tuesday. She has pleaded not blameworthy and denied engagement successful O'Keefe's death, with her defence presenting her arsenic a scapegoat being framed by the alleged existent killers.