Karen Read’s retrial (live updates): No verdict after 2nd full day of jury deliberations

After about two hours of deliberations, the jury returned to the court to inform the judge that they had three questions. After discussing the questions with Read’s lawyers and prosecutors, Cannone issued rulings, gave the jury updated instructions, and sent the jurors out to resume deliberations.

When the court returned from lunch at 1:30 p.m., Cannone announced that jurors had a fourth question: “If we find not guilty on 2 charges but can’t agree on one charge, is it a hung jury on all three charges or just one charge?”

Cannone said she will respond that the question is “theoretical” and not something she can answer.

[ WATCH LIVE: Verdict watch in Karen Read's retrial continues ]

HAPPENING NOW -- Jury deliberations resume after Judge Cannone rules on fourth juror question.

Follow live court updates from Ted Daniel:

The jury was unable to reach a verdict on Monday, the first full day of deliberations in Read’s second trial. Jurors got the case on Friday afternoon and deliberated for just under two hours following weeks of testimony and closing arguments.

Each morning of deliberations will begin with Judge Beverly Cannone issuing a formal opening to the jury before being sent off to deliberate, and the afternoons will feature a formal closing.

The jury, which consists of seven women and five men, is allowed back in the courtroom if any questions arise. On Monday, it was radio silence from the jury. Last year, the jury sent three notes to the judge over three days before a mistrial was declared.

The jurors have a lot to consider after hearing from 50 witnesses over 31 days of testimony: Did Read hit O’Keefe? Was there any collision at all? Or is someone else responsible for his death?

They are trying to reach a verdict on three charges that Read faces:

• Second-degree murder
• Manslaughter while operating under the influence
• Leaving the scene of a crash resulting in death

[ Verdict slips: See the choices jurors in Karen Read’s retrial face ]

When a verdict is ultimately reached, both the prosecution and defense will be notified and called back to court.

The highlight from court on Monday came when Judge Cannone denied a motion from the defense that sought to amend a verdict slip that was provided to jurors.

In the filing in Dedham’s Norfolk Superior Court, Read’s lawyers argued that the verdict slip on their client’s second charge of manslaughter while operating under the influence of liquor is unclear and could confuse the jury.

Read’s lawyers asked the court to add a “not guilty box” on the lesser included charges, since there is only one “not guilty” option on the slip that applies to all of count two, compared to four guilty options.

“The current jury verdict slip has the real potential to confuse the jury and cause errors,” the defense motion states. “The form doesn’t explain the process the jury should follow while completing it.”

The motion continued, “This imbalanced presentation visually favors guilty options and risks creating bias toward a guilty verdict in degradation of Ms. Read’s rights.”

In denying the motion, Judge Cannone stated that the verdict slip is “consistent with Massachusetts law” and “viewed in conjunction with the jury instructions,” which she provided to jurors on Friday.

When asked outside of court about Cannone’s ruling, Read said the motion was denied without a proper hearing.

“I think what happened last year with the same verdict form explains it...The jurors said as much, and we just wanted to avoid that again,” Read said. “Apparently, the court is not concerned, so we’ll just move forward and wait on the jury.”

When asked how she feels about the jury, Read said, “I feel well, I feel strong, and the jury will do the right thing. We choose them.”

Read, 45, of Mansfield, is accused of striking John O’Keefe, 46, 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.

Throughout her second trial, the prosecution’s theory of jaded love turned deadly was countered by a defense claim that a cast of tight-knit Boston area law enforcement killed a fellow police officer.

Read’s lawyers argued that O’Keefe was beaten, bitten by a dog, then left outside Albert’s home in a conspiracy orchestrated by the police that included planting evidence against Read.

Read’s first trial ended in a mistrial after five days due to a hung jury on July 1, 2024. Several jurors later came out to say that the panel had unanimously agreed that Read was not guilty of the most serious charge of second-degree murder.

Get caught up with all of the latest in Karen Read’s retrial.

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