Despite ‘tense' exchange in Karen Read trial, Boston Police officer unlikely to face blowback
Even in a trial filled with dramatic twists, Boston Police officer Kelly Dever's testimony this week in the Karen Read retrial stuck out for just how tense her exchanges with a lawyer representing Read actually were.
Dever, who worked in Canton at the time of Read's arrest, was called by the defense Monday morning. On the stand, she faced aggressive questioning from Alan Jackson, one of Read's lawyers, about a statement she made to federal investigators looking into the death of Read's boyfriend, John O'Keefe.
On the morning of Jan. 29, 2022, when O'Keefe's body was found, Dever was working an overnight patrol shift in Canton. A supervisor asked her to cover dispatch so he could respond to the scene. Dever, according to Jackson, told federal authorities she saw the department's then-chief, Ken Berkowitz, and another man, Brian Higgins, alone with Read's SUV for a 'wildly long time.'
But Dever has since recanted that statement, saying on the stand this week it was a false memory. She could not have seen Berkowitz and Higgins, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the SUV, because her shift concluded at 3:45 p.m., she said. The SUV wasn't towed to the station until hours later.
Still, Dever's testimony in the Read case is unlikely to have any impact on her ability to testify in other cases down the line, said Jack Lu, a retired Superior Court judge.
'A failure of memory in one case is not admissible in another case. This is black letter law,' he said.
But Mark Bederow, a defense attorney following the trial from New York City, said Dever's 'ridiculous claim' that her memory was false would concern him going forward.
Bederow, who also represents the blogger Aidan Kearney, said Dever's recollection to the FBI was so specific that it makes it difficult to believe what she saw didn't actually happen.
Dever admitted on the stand that Boston Police Commissioner Michael Cox called her to a meeting before she testified in the Read case. Jackson suggested Cox told her to 'do the right thing' during that meeting.
'I think it's clear a message was sent,' Bederow said. 'Most people would think 'do the right thing' means the 'Blue Wall.''
Dever said the meeting with Cox proved how good a leader he is. But Bederow said it is 'absolutely unheard of' for a police commissioner to speak to a low-level officer before they testify in a trial.
Still, Bederow and Lu agreed that Dever's behavior on the stand would likely not come back to haunt her in other cases.
Bederow described her demeanor as 'embarrassing' and 'beyond inappropriate.'
There was 'no need for her open hostility and nastiness,' he said in a telephone interview. 'It was childlike.'
In one memorable moment, Dever criticized Jackson for mispronouncing her name.
'Like you can't remember my name, I don't remember,' she said.
Despite his criticisms, Bederow said, 'I don't know if the hostility component will impact her future career in terms of testifying.'
Lu, the former judge, disputed the notion that Dever was 'confrontational' on the stand.
'Sorry, but not even close. At most, the witness examination was tense. A trial is not a tea party,' he said.
Karen Read reveals when the defense could rest its case
Karen Read trial recap: Canton snowplow driver describes passing 34 Fairview Road during storm
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Karen Read trial recap: Injuries on John O'Keefe's arm result of dog attack, expert says
Karen Read retrial: Biggest takeaways from week 6 as prosecution rests its case
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