Capping a dramatic nine-week trial with more than 20 hours of deliberation behind closed doors, the jury in the Karen Read murder trial said it was deadlocked beyond resolution, prompting the judge to declare a mistrial.
“Despite our rigorous efforts we continue to find ourselves at an impasse,” the jury foreman wrote in a note Cannone read in court Monday.
“Our perspectives on the evidence are starkly divided. Some members of the jury firmly believe that the evidence surpasses the burden of proof, establishing the elements of the charges beyond a reasonable doubt. Conversely, others find the evidence fails to meet this standard and does not sufficiently establish the necessary elements of the charges.
“The deep division is not due to a lack of effort or diligence but rather a sincere adherence to our individual principles and moral convictions. To continue to deliberate would be futile and only force us to compromise these deeply held beliefs.”
Cannone accepted their reasoning and said she wouldn’t send them back: “I’m not going to do that to you folks. Your service is complete and I’m declaring a mistrial.”
The case will reconvene on July 22 at 2 p.m. for a status hearing.
Jurors began deliberations last Tuesday afternoon. They deliberated for an estimated total of nearly 25 hours before they were released.
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Read’s attorney’s hailed the declaration of the mistrial, stating the case should never have been brought to begin with.
“Folks, this is what it looks like when you bring false charges against an innocent person,” defense attorney Alan Jackson said outside the court. “The Commonwealth did their worst. They brought the weight of the state based on spurious charges, based on comprised investigation and investigators and compromised witnesses. This is what it looks like.
“Guess what? They failed. They failed miserably, and they will continue to fail. No matter how long it takes, no matter how long they keep trying, we will not stop fighting. We have no quit.”
In a statement, the Norfolk DA’s office said it intends to re-try Read.
“First, we thank the O’Keefe family for their commitment and dedication to this long process. They maintained sight of the true core of this case — to find justice for John O’Keefe,” The DA’s office said in a statement. “The Commonwealth intends to re-try the case.”
Another of Read’s attorneys, David Yannetti, thanked supporters and said they will continue to fight the case.
“I just have two things to say, folks. Number one: I’m in awe and strength and courage of this remarkable client that I have the privilege of representing since day one. Number two: I want to send a message to all of her supporters here. Your support was invaluable. We are touched, and we ask for your continued support,” he said. “I am not from Texas like my colleague here, I’m a Boston kid, but I will repeat what he said which was we ain’t got no quit.”
As Yannetti spoke, he placed his arm around Read’s shoulders and pulled her close. When he referenced Read’s supporters, Read herself shook her head in agreement and her father, William Read, gave a thumbs up.
The remarks outside the court came as the sky opened up and drenched the area with a brief summer downpour. One of Read’s supporters held an umbrella above the group as they spoke.
Reaction
The cheers of Read’s small army of supporters outside clashed with the sounds of thunder from the storm. But their overall feelings were mixed.
“It’s a relief. It’s not a guilty verdict, it’s a mistrial. I can’t even begin to think the Commonwealth, in my mind, would try it again,” Read supporter Kevin Colby said.
He said as the days went by without a verdict, he thought it would end this way, but that “for the life of me, I can’t understand what went on in that jury.”
A woman named Diane from West Roxbury, who declined to give her last name, shared similar views but said the trial still offered a lesson.
“People from all over the world are realizing the corruption that is in our police department and our elected officials,” she said. “If it can happen to Karen then it can happen to anyone, and it does happen.”
Prominent supporter Rita Lombardi said “Guilty was never an option. We were never going to get 12 people who said she was guilty. Why? Because it’s a sham.”
The notes
The jury’s third and final impasse note came after Cannone issued them one last spur to action, a legal direction known as the “Tuey-Rodriguez” warning.
“I think this has been an extraordinary jury. I’ve never seen a note like this reporting to be at an impasse,” Cannone said before reading the second note at around 10:50 a.m. and issuing the warning.
She followed a model script that emphasized that “absolute certainty cannot be attained or expected” in cases and that a verdict must be delivered on the basis of each juror’s “own convictions.”
It also notes that any future jury would be composed of individuals much the same as the current one and that the burden of proof rests solely on the prosecution.
Jurors issued a first note indicating deadlock on Friday, after which Cannone directed them to do their best and continue deliberations.
Retired Massachusetts Superior Court Judge Jack Lu told the Herald that there’s a lot of weight on court staff, too.
“I hope the public understands how the employees of the Massachusetts Trial Court work their hearts out trying to achieve justice in emotional and divisive cases like this,” he said.
