DEDHAM – The jury in the Karen Read murder trial told the judge Monday it is “deeply divided” and cannot reach a verdict after 23 hours of deliberations so far.
The jury of six women and six men told Norfolk Superior Court Judge Beverly Cannone in a new note Monday morning that they have “fundamental disagreements” and are still deadlocked.
What is Tuey Rodriguez?
Cannone once again told them to keep deliberating, but this time with what’s known as a “Tuey-Rodriguez instruction.” That is essentially a “last resort” instruction to deliberate one more time.
If the jury is still hung after that, the judge will declare a mistrial.
When there is a decision in the trial you can watch it streaming live on CBS News Boston.
New Karen Read jury note
Judge Cannone read the latest note in court before sending the jury back into deliberations. It said:
“Despite our commitment to the duty entrusted to us, we find ourselves deeply divided by fundamental differences in our opinions and state of mind. The divergence in our views are not rooted in a lack of understanding or effort, but deeply held convictions that each of us carry ultimately leading to a point where consensus is unattainable. We recognize the weight of this admission, and the implication it holds.”
The jury first told Judge Cannone they were deadlocked last Friday and were “unable to reach a unanimous verdict.” After a ten-week trial, she told jurors they have to keep trying.
Read has pleaded not guilty to three charges in the death of her boyfriend, Boston Police officer John O’Keefe on January 29, 2022 in Canton, Massachusetts.
The jury is deliberating charges of second-degree murder, manslaughter while operating under the influence of alcohol and leaving the scene where there has been personal injury and death.
Before jurors can discuss the charges, they would have to agree first that Read actually hit O’Keefe with her SUV that night. If they agree, then they need to determine what is the correct charge to convict her of, if anything.
What happens with a hung jury?
Heading into Monday’s deliberations, there were three potential outcomes for the jury. They could reach a verdict, or they could come back and say they’re deadlocked again and get a special instruction from the judge and continue deliberating. If they come back deadlocked for a third time, that could mean a mistrial.
It is the judge’s discretion when to declare a mistrial based on a hung jury. Legal expert Phil Tracy said he saw a hung jury coming for Karen Read because the facts of the case are so polarizing. He thinks there will be some results before the Fourth of July.
“I think she will have them back on Monday, maybe Tuesday but by Wednesday, it’s over for both sides, it’s a hung jury. Everybody predicted she’d be found not guilty,” Tracy told WBZ-TV.
“Defense counsel (Alan) Jackson has been more or less very cocky about the outcome of this case. He said a lot of times to the press, to you, ‘It’s going our way, their case is falling apart.’ These are exact quotes. I would never do that because I know that juries are unpredictable.”
What happens in a mistrial?
If there is a hung jury and a mistrial, it is up to prosecutors to decide if they want to try the case all over again.
“The government would definitely try it again because somebody is dead. You have to, for his family’s sake, for his mother’s sake, for his children’s sake, you’ve got to go back and try it again,” Tracy said.
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