Read's attorneys argue she is being framed and that someone else is responsible for O'Keefe's death
Read's attorneys argue she is being framed and that someone else is responsible for O'Keefe's deathProsecutors have called on the state's highest court to allow them to retry Karen Read for murder in the death of her Boston police officer boyfriend, arguing against defense claims that jurors had reached a verdict against some of her charges before the judge declared a mistrial.
In a brief filed late Wednesday to the Massachusetts Supreme Judicial Court, prosecutors wrote that there's no basis for dismissing the charges of second degree murder and leaving the scene of the accident. "The defendant was not acquitted of any charge because the jury did not return, announce, and affirm any open and public verdicts of acquittal," they wrote. "That requirement is not a mere formalism, ministerial act, or empty technicality. It is a fundamental safeguard that ensures no juror's position is mistaken, misrepresented, or coerced by other jurors."
Read's attorney, Martin Weinberg, argued that under Cannone's reasoning, even if all 12 jurors were to swear in affidavits that they reached a final and unanimous decision to acquit, this wouldn't be sufficient for a double jeopardy challenge. "Surely, that cannot be the law. Indeed, it must not be the law," Weinberg wrote.The American Civil Liberties Union supported the defense in an amicus brief.
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