Latest news with #defenseattorney
CBS News
6 hours ago
- CBS News
Karen Read's attorneys abandon third-party culprit plans before closing arguments
Defense attorneys for Karen Read abandoned their plans to blame two other men for John O'Keefe's death ahead of Friday's closing arguments in the high-profile trial. Jurors had the day off Thursday while attorneys held a final hearing with Judge Beverly Cannone, setting the stage for closing arguments and the start of deliberations on Friday in the high-profile trial. Jurors will be deciding Read's fate on charges of second-degree murder, manslaughter while operating under the influence of alcohol and leaving the scene of personal injury and death. Prosecutors say that after a night of heavy drinking, Read hit and killed her boyfriend, Boston police officer John O'Keefe, with her Lexus SUV and left him to die in the snow outside 34 Fairview Road in Canton. Read's attorneys say several people, including law enforcement, are trying to frame her. Defense withdraws "missing witness instruction" request The defense changed course on one topic that was expected to be discussed Thursday. The defense had previously filed a motion for jurors to receive a "missing witness instruction" for Brian Albert, Brian Higgins, and Michael Proctor. Early in Thursday's hearing, defense attorney David Yannetti withdrew that request. Albert owned the home at 34 Fairview Road at the time of O'Keefe's death, and Higgins was in the home on the night in question. Both have been repeatedly called alternate suspects in the death of O'Keefe by the defense. Proctor was fired by Massachusetts State Police for his conduct as a lead investigator in Read's case. None of the men were called by the prosecution to testify. Until Thursday, the defense said it planned to seek a missing witness argument and jury instruction, which means the court "may instruct the jury that an adverse inference may be drawn from a party's failure to call a witness" under Massachusetts law. Brian Higgins and Brian Albert cannot be blamed During Read's first trial, the defense spent a great deal of time attempting to highlight that Albert and his teenage nephew Colin Albert, along with Higgins, could have killed O'Keefe inside the home during a fight. Ahead of Read's second trial, Cannone ruled the defense had not presented enough evidence against Colin Albert and could not blame him as part of their case. The judge said that if attorneys presented enough evidence during trial, they could name Higgins and Brian Albert as alternate suspects in their closing arguments. "Is the defense going to argue that Brian Higgins did this?" Cannone asked on Thursday. "We're going to argue that police failed to investigate whether Brian Higgins did it," Yannetti answered. The judge said that Read's defense did not present enough evidence against the men and will not be allowed to say they should be considered suspects. "I did say that I would give you the opportunity to develop testimony regarding Brian Higgins and Brian Albert as third-party culprits. That threshold that you need to make to do that, to argue them as third-party culprits has not been made by the defense," Cannone said. "So you cannot argue that either Brian Higgins or Brian Albert committed or had the motive and all of that, not pure third-party culprit." Cannone said the defense is allowed to argue that police were aware Higgins could have been a suspect in O'Keefe's death, but did not act on the information. WBZ legal analyst Katherine Loftus explains the theory, called a Bowden defense. Loftus said her lawyers could say, "hey this is a police investigation that was so substandard you can't possibly find her guilty, which is a very different argument than he went in the house and was killed there." Text messages revealed that Higgins and Read had exchanged "flirty" text messages in the weeks before O'Keefe's death. Yannetti argues that Higgins was angered by seeing O'Keefe kiss Read at the Waterfall Bar & Grille in Canton on the night in question. Closing arguments in Karen Read trial Closing arguments are expected to begin at or just before 9 a.m. on Friday. Cannone informed attorneys during Thursday's hearing that they will have 75 minutes for closing arguments. On Wednesday, defense attorney Alan Jackson had asked for 90 minutes instead of the standard one hour. Once arguments are complete, there will be a short lunch break. After lunch, jurors will return to receive instructions on how they will deliberate the charges. Jurors will be in a room with all of the evidence, including books of reports, O'Keefe's clothing and the taillight from Read's SUV. Cannone said she hopes jurors will be able to begin deliberating before the day is over. She plans to ask members of the jury on Friday if they are able to stay potentially as late as 5:30 p.m. instead of the typical 4 p.m. dismissal. Karen Read verdict slip Read's first trial ended in a mistrial due to a "starkly divided" hung jury. In arguments that were rejected as high as the U.S. Supreme Court, Read's defense tried to have two charges thrown out because jurors revealed after the trial that they were unanimous to acquit her on charges of murder and leaving the scene. The jurors said they were only deadlocked on manslaughter. Those discussions were never revealed in open court before the mistrial was declared. As part of the hearing Thursday, defense attorneys introduced a proposed new verdict slip for the manslaughter charge. "Very important as I learned the hard way," Read said outside court Thursday. During her first trial, the jury received a separate verdict slip for each charge with an option of guilty or not guilty. One change was made to the manslaughter slip during Read's last trial. Instead of just "not guilty," it read "not guilty of manslaughter or any lesser included charge," at the request of defense attorneys. For Read's second trial, defense attorneys proposed a new verdict slip for count two which they say could clear up confusion. Judge Cannone indicated that she likely would stick with similar verdict slips like the first trial, but would take the defense's proposed verdict slip under consideration. "I think it's less so the jury form itself, which was a problem," Loftus said. "And you know what we have heard from jurors from trial number one was, they were confused could they, you know, could they report back a verdict on some, even if they were undecided." Karen Read trial nears end Read's defense rested its case late Wednesday after Andrew Rentschler, a biomechanist from ARCCA, completed a second day of testimony and said he concluded O'Keefe was not hit by a vehicle. Rentschler was the 11th witness called by the defense after the defense called 38 people to testify. The prosecution was expected to call several rebuttal witnesses at the conclusion of Rentschler's testimony. Instead, once the defense rested, special prosecutor Hank Brennan said he would not be calling any more witnesses. During Read's first trial, deliberations began on June 25. Jurors first signaled they were deadlocked on June 28, and a mistrial was declared on July 1.
Yahoo
3 days ago
- Yahoo
Defense attorney's dramatic courtroom move has legal experts talking in Karen Read murder trial
Wearing two black gloves and slamming his palms on the podium Monday, Karen Read's defense attorney Robert Alessi moved for a mistrial for a second time in her retrial on murder charges in the death of her former boyfriend, Boston cop John O'Keefe. The exchange, based on special prosecutor Hank Brennan's questioning of a defense witness regarding holes in the back of O'Keefe's sweatshirt that were put there by a state crime lab employee, got Alessi trending among true crime followers on X Monday afternoon, but it also drew praise from defense attorneys who are not connected to the case. Read's defense denies the prosecution's allegation that she killed O'Keefe by backing into him with her Lexus SUV amid a drunken argument and fled the scene. They have maintained that the vehicle never struck him at all, and that something else caused his injuries. "If I'm Alessi, I'm throwing out those missiles every time," said Louis Gelormino, a New York City defense lawyer. Karen Read Judge Blocks Sandra Birchmore Mentions; Expert Says Cases Should Be Wake-up Call For Police During a motion hearing without jurors present, Brennan asked the judge to instruct jurors about his error rather than grant the motion for a mistrial. Read On The Fox News App "It appears that I made a mistake," he said, conceding that a state criminologist made the holes and documented them in her records. Gelormino told Fox News Digital that the longer things play out, the better off Read will be – especially if this trial ends without a verdict like her first one. WATCH: Karen Read defense moves for a mistrial again "A third trial, the county might not wanna pay for," he said. "They might give her a plea at that point. The longer these things go out, the better it is for the defense. All the time." Karen Read's Defense Links John O'keefe Head Wound To Fall, Not Vehicle Impact Read's first trial ended with a deadlocked jury last year, prompting Judge Beverly Cannone to declare a mistrial and the district attorney's office to bring in high-profile defense attorney Brennan as a special prosecutor. His rich and powerful clients have included the mobster James "Whitey" Bulger. The defense moved for a mistrial earlier in the second trial as well in another contentious exchange over O'Keefe's hoodie, arguing Brennan improperly brought up the absence of dog DNA evidence during cross-examination of a witness who claimed holes in O'Keefe's sweatshirt were consistent with dog bites. Cannone denied that motion as well as the new one Monday. A routine motion seeking to have her declared not guilty after the prosecution rested its case was also denied. Jury Skepticism Of Experts Could Determine Outcome In Karen Read Murder Trial: Former Judge Other legal experts raised doubts about whether the misstep was a mistake or a calculated move. "It is unfathomable that he didn't know that the holes were made by his own witness," said Mark Bederow, another New York City defense attorney who is representing Read ally Aidan Kearney, a Canton blogger. "And what about the two other prosecutors sitting next to him? Are we to believe they didn't know after handling this case for three years?" Unlike Brennan, they were working for the district attorney's office during her first trial, which assistant district attorney Adam Lally led. "There are many reasons why a large segment of the population believes the investigation and prosecution of Karen Read is unjust and lacks credibility," Bederow said. GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub Canton police were cleared of Read's conspiracy allegations in an independent audit completed just before her second trial began – but they made a series of embarrassing missteps during the investigation, including storing DNA evidence in red Solo cups and a grocery bag. The lead homicide detective, Michael Proctor, lost his job with the Massachusetts State Police after another investigation found he improperly shared sensitive and confidential information in a group chat that included lewd and "inappropriate" messages about Read that were read in court. Follow The Fox True Crime Team On X "The prosecution has a higher standard because they are supposed to be about fairness and justice – which is what Brennan said to the press when he took the case," said Grace Edwards, a Massachusetts trial attorney who is closely following the case. "This was not a mistake by a seasoned attorney." Brennan is tasked with overcoming the state's credibility issues and also clean-up after a witness for the commonwealth admitted she gave an incorrect statement to the grand jury and the defense grilled another whose resume showed inflated credentials. "He is good, but he can only play the cards he's dealt," said David Gelman, a Philadelphia-area defense lawyer and former prosecutor, who invoked OJ Simpson's high-drama 1990s trial after Alessi donned black gloves in court and then invoked his A-list defense again. "You can be Johnnie Cochran, and it won't matter." Sign Up To Get The True Crime Newsletter Jack Lu, a former Massachusetts judge and now a law professor at Boston College, was more forgiving of the special prosecutor. "To the aspiring trial lawyer-law student, it shows that even the greatest stumble," he told Fox News Digital. "What a grueling occupation." Dr. Elizabeth Laposata returns to the stand Tuesday for a second day of testimony as the defense nears an end to its case. She testified Monday that O'Keefe's skull fracture was consistent with a backward fall – but something else, possibly a fist, caused the cut above his right eye. Read could face up to life in prison if convicted of the top charge of second-degree murder. She is also accused of drunken driving manslaughter and leaving the article source: Defense attorney's dramatic courtroom move has legal experts talking in Karen Read murder trial
Fox News
3 days ago
- Fox News
Defense attorney's dramatic courtroom move has legal experts talking in Karen Read murder trial
Wearing two black gloves and slamming his palms on the podium Monday, Karen Read's defense attorney Robert Alessi moved for a mistrial for a second time in her retrial on murder charges in the death of her former boyfriend, Boston cop John O'Keefe. The exchange, based on special prosecutor Hank Brennan's questioning of a defense witness regarding holes in the back of O'Keefe's sweatshirt that were put there by a state crime lab employee, got Alessi trending among true crime followers on X Monday afternoon, but it also drew praise from defense attorneys who are not connected to the case. Read's defense denies the prosecution's allegation that she killed O'Keefe by backing into him with her Lexus SUV amid a drunken argument and fled the scene. They have maintained that the vehicle never struck him at all, and that something else caused his injuries. "If I'm Alessi, I'm throwing out those missiles every time," said Louis Gelormino, a New York City defense lawyer. During a motion hearing without jurors present, Brennan asked the judge to instruct jurors about his error rather than grant the motion for a mistrial. "It appears that I made a mistake," he said, conceding that a state criminologist made the holes and documented them in her records. Gelormino told Fox News Digital that the longer things play out, the better off Read will be – especially if this trial ends without a verdict like her first one. WATCH: Karen Read defense moves for a mistrial again "A third trial, the county might not wanna pay for," he said. "They might give her a plea at that point. The longer these things go out, the better it is for the defense. All the time." Read's first trial ended with a deadlocked jury last year, prompting Judge Beverly Cannone to declare a mistrial and the district attorney's office to bring in high-profile defense attorney Brennan as a special prosecutor. His rich and powerful clients have included the mobster James "Whitey" Bulger. The defense moved for a mistrial earlier in the second trial as well in another contentious exchange over O'Keefe's hoodie, arguing Brennan improperly brought up the absence of dog DNA evidence during cross-examination of a witness who claimed holes in O'Keefe's sweatshirt were consistent with dog bites. Cannone denied that motion as well as the new one Monday. A routine motion seeking to have her declared not guilty after the prosecution rested its case was also denied. Other legal experts raised doubts about whether the misstep was a mistake or a calculated move. "It is unfathomable that he didn't know that the holes were made by his own witness," said Mark Bederow, another New York City defense attorney who is representing Read ally Aidan Kearney, a Canton blogger. "And what about the two other prosecutors sitting next to him? Are we to believe they didn't know after handling this case for three years?" Unlike Brennan, they were working for the district attorney's office during her first trial, which assistant district attorney Adam Lally led. "There are many reasons why a large segment of the population believes the investigation and prosecution of Karen Read is unjust and lacks credibility," Bederow said. GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB Canton police were cleared of Read's conspiracy allegations in an independent audit completed just before her second trial began – but they made a series of embarrassing missteps during the investigation, including storing DNA evidence in red Solo cups and a grocery bag. The lead homicide detective, Michael Proctor, lost his job with the Massachusetts State Police after another investigation found he improperly shared sensitive and confidential information in a group chat that included lewd and "inappropriate" messages about Read that were read in court. "The prosecution has a higher standard because they are supposed to be about fairness and justice – which is what Brennan said to the press when he took the case," said Grace Edwards, a Massachusetts trial attorney who is closely following the case. "This was not a mistake by a seasoned attorney." Brennan is tasked with overcoming the state's credibility issues and also clean-up after a witness for the commonwealth admitted she gave an incorrect statement to the grand jury and the defense grilled another whose resume showed inflated credentials. "He is good, but he can only play the cards he's dealt," said David Gelman, a Philadelphia-area defense lawyer and former prosecutor, who invoked OJ Simpson's high-drama 1990s trial after Alessi donned black gloves in court and then invoked his A-list defense again. "You can be Johnnie Cochran, and it won't matter." Jack Lu, a former Massachusetts judge and now a law professor at Boston College, was more forgiving of the special prosecutor. "To the aspiring trial lawyer-law student, it shows that even the greatest stumble," he told Fox News Digital. "What a grueling occupation." Dr. Elizabeth Laposata returns to the stand Tuesday for a second day of testimony as the defense nears an end to its case. She testified Monday that O'Keefe's skull fracture was consistent with a backward fall – but something else, possibly a fist, caused the cut above his right eye. Read could face up to life in prison if convicted of the top charge of second-degree murder. She is also accused of drunken driving manslaughter and leaving the scene.
