‘Irremediable': Karen Read's defense team demands mistrial over prosecutor's questioning
Karen Read's lawyers demanded that Judge Beverly Cannone declare a mistrial after the prosecution brought up the topic of DNA while cross-examining a key defense witness on Tuesday morning.
While questioning Dr. Marie Russell, special prosecutor Hank Brennan pointed out that no dog DNA was found on John O'Keefe after his death.
'When you look at the clothes in this case, Mr. O'Keefe's clothes, you are aware those clothes were swabbed for traces of dog DNA?' Brennan asked Russell.
Defense attorney Robert Alessi took major objection because the prosecution didn't bring in a witness to testify about DNA and noted the defense has been meticulous about avoiding the mention of DNA.
Alessi argued that raising the subject while questioning Russell had prejudiced the jury.
Judge Cannone then ordered the jury out of the court to allow Alessi and Brennan to weigh in on the matter.
'He [attorney Brennan] has introduced it [DNA] and brought it in for the very first time in front of the jury. 'He has done so intentionally. He intentionally brought up DNA. Based upon that intentional mention, the defense moves strongly, vigorously for a mistrial with prejudice, a mistrial with prejudice,' a fired-up Alessi told the court.
Alessi added, 'I want to be very clear. The defense has been incredibly assiduous and meticulous about not mentioning DNA in any fashion, directly or indirectly."
Alessi concluded, 'So, in conclusion, your honor, because of the conduct of the prosecution and specifically the intentional mention of DNA, the prosecution has put in the jury's mind that topic, that is, irremediable. That cannot be reversed, that cannot be cured. That cannot be ameliorated with a jury instruction. That cannot be dislodged. The prosecution has to suffer the consequences of its own intentional actions of bringing up that topic."
Brennan then brushed off the accusation, saying, 'The defense does not get to pick and choose what words the Commonwealth can or cannot use.'
Watch Alessi's argument and Brennan's response:
After a 30-minute break, Cannone denied Alessi's motion to dismiss the case, ruling that Brennan could continue his line of questioning.
Russell, an emergency physician and forensic pathologist, has testified that her opinion is that linear abrasions on O'Keefe's arm were the result of multiple dog bites, not a vehicle collision.
When shown an image of the injuries to O'Keefe's arm, 'Those wounds were inflicted as the result of a dog attack,' the Los Angeles-based doctor testified.
'The teeth made these abrasions,' Russell told the court as she examined the photo and cited 'multiple groupings of wounds.'
Russell said she observed 'multiple strikes from a dog' on O'Keefe's arm, including 'bites and claw marks.'
During Read's first trial, Russell also testified that the holes found in O'Keefe's hoodie and the wounds to his arm were from a dog. She also said her opinion is that O'Keefe's injuries do not appear to have been caused by a vehicle.
The prosecution sought to block her testimony ahead of the start of Read's retrial, but Judge Beverly Cannone ruled in favor of the defense.
Read, 45, of Mansfield, is accused of striking O'Keefe, her Boston police officer boyfriend, 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.
Prosecutors allege Read intentionally backed into O'Keefe after she dropped him off at the house party and returned hours later to find him dead. The defense has claimed that she was a victim of a vast police conspiracy and that O'Keefe was fatally beaten by another law enforcement officer at the party.
Read has pleaded not guilty to charges of second-degree murder, manslaughter while operating under the influence, and leaving the scene of a crash resulting in death.
A mistrial was declared last year after jurors said they were at an impasse and deliberating further would be futile.
Get caught up with all of the latest in Karen Read's retrial.
Reporting from the Associated Press was included in this article.
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