Judge in Karen Read’s retrial denies defense’s latest mistrial bid after prosecutor admits ‘mistake’

DEDHAM, Mass. — The judge in Karen Read’s murder retrial on Monday denied the defense’s latest demand that a mistrial be declared after the prosecution admitted to making a “mistake” while cross-examining a key witness in the case.

Read, 45, is accused of striking John O’Keefe, her Boston police officer boyfriend, with her Lexus SUV and leaving him to die alone in a blizzard outside of a house party in Canton at the home of fellow officer Brian Albert on Jan. 29, 2022, following a night of drinking.

After the court returned from morning recess, Read attorney Robert Alessi put on a pair of black evidence gloves and announced the defense was moving for a “mistrial with prejudice” over special prosecutor Hank Brennan’s "intentional misconduct."

Alessi told Judge Beverly Cannone that Brennan improperly asked Dr. Daniel Wolfe, the director of accident reconstruction for ARCCA, about holes on the back of John O’Keefe’s sweatshirt.

Alessi cited a report from Maureen Hartnett, of the Massachusetts State Police Crime Laboratory, that said there were no holes in the back of O’Keefe’s hoodie, and she caused the holes while inspecting the clothing.

Brennan outraged Alessi because the documents were never introduced as evidence.

“That is part of the basis for the mistrial. These two documents are not in evidence because if they were in evidence, they would clearly have prevented the stunt that we just saw occur with regard to Dr. Wolfe,” Alessi said. “These are documents from the criminalist’s file. It’s the Commonwealth’s documents.”

Alessi argued that Brennan held up the hoodie and failed to show the defense the back of the sweatshirt after showing it to the jury.

“We have holes in the back of the sweatshirt that were dramatically held up, confronted with Dr. Wolfe, and then the jury sees it with the clear, unmistakable, purposeful intention of having the jury conclude that these holes could have come from events on Jan. 29, 2022, when, in fact, the Commonwealth well knows from their own documents that those holes in the back were caused by the criminalist as part of their sampling and examination of the hoodie,” Alessi told the court.

Alessi continued, “What could be more egregious? What could be more misleading than that, and what could be more important for context than the alleged collision that never occurred?”

“The Commonwealth has been attacking from the jump of pretrial. They’ve picked the most opportune, sensitive time to pull this stuff,” Alessi added. “This is intentional, this is irremediable.”

Before Brennan got a chance to respond to the motion, Alessi made note of another alleged mistake by the prosecution that led to a previous request to dismiss the case.

After Alessi yielded the floor to the prosecution, Brennan told the court, “My brief review of the lab paperwork, and looking at the hoodie, it appears that I made a mistake."

Brennan then suggested what the court should do in response to his mistake.

“There should be a stipulation. The court should instruct the jury that during Mr. Brennan’s cross-examination, he asked Dr. Wolfe about holes on the back of Mr. O’Keefe’s sweatshirt. The parties agree that the holes were made by a crime lab technician. This was done inadvertently, but should not have been asked. The court should strike the questions and the answers,” Brennan said. “You should instruct the jury that they are to completely disregard any questions or answers about the holes in the back of the sweatshirt, and the court should allow the defense to introduce the lab paperwork.”

Prosecutor Hank Brennan admits he made 'mistake' while cross-examining defense witness

Judge Cannone then told the court, “I’m not going to allow the mistrial motion, Mr. Alessi.”

Cannone agreed to implement Brennan’s special juror instruction and allowed the defense to introduce the lab paperwork as evidence to the jury.

Monday marked Day 29 of Read’s retrial and the start of possibly the final week of testimony.

The defense is expected to rest its case this week.

Prosecutors allege Read intentionally backed into O’Keefe after she dropped him off at the house party and returned hours later to find him dead. The defense has claimed that she was a victim of a vast police conspiracy and that O’Keefe was fatally beaten by another law enforcement officer at the party.

Read has pleaded not guilty to charges of second-degree murder, manslaughter while operating under the influence, and leaving the scene of a crash resulting in death.

A mistrial was declared last year after jurors said they were at an impasse and deliberating further would be futile.

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