The United States Supreme Court has denied Karen Read’s appeal to wipe away charges in connection with the death of John O’Keefe, the FOX national desk tells Boston 25 News.
Read’s lawyers were arguing that jurors in her first murder trial had agreed to acquit her on charges of second-degree murder and leaving the scene, but did not know they could return a partial verdict. Read’s lawyers suggested that if she is being charged again with the previously dropped charges, then it would cause double jeopardy.
Read and her legal team have already had their argument of double jeopardy rejected by numerous courts.
The Supreme Court’s decision not to take up the appeal means that her legal team’s petition will go unheard and that her ongoing murder retrial will continue as planned.
While only four justices need to agree to take up a case, the Supreme Court is inundated with thousands of petitions a year and only take up a small percentage.
Judge Beverly Cannone, the judge in both her first trial and ongoing retrial, denied a motion to dismiss the charges last summer.
Read is accused of striking John O’Keefe, her Boston police officer boyfriend, with her SUV and leaving him to die alone in a blizzard outside of a house party at the home of fellow officer Brian Albert following a night of drinking.
Prosecutors allege Read intentionally backed into O’Keefe after she dropped him off at a 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.
A mistrial was declared last year after jurors said they were at an impasse and deliberating further would be futile.
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.
Jurors returned to Dedham’s Norfolk Superior Court on Monday morning for week 2 of witness testimony in Karen Read’s retrial.
This is a developing story. Check back for updates as more information becomes available.
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