Karen Read's Mistrial: Defense Claims Jury Had Agreement to Find Her Not Guilty

Lawyers for Karen Read, accused of killing Boston cop John O'Keefe, say jurors in her trial had an agreement to find her not guilty before the judge declared a mistrial. They argue that the double jeopardy clause prevents her from being retried on the two charges.

Karen Read's trial for the death of Boston police officer John O'Keefe ended in a mistrial last week after jurors said they were unable to reach a unanimous verdict. But now, Read's lawyers are claiming that the jury had already agreed to find her not guilty on two of the three charges before the mistrial was declared.

In a motion to dismiss the charges, Read's lawyers argued that three of the 12 jurors sent "unsolicited communications" to the defense, indicating that the jury had a firm 12-0 agreement that Read was not guilty of second-degree murder and leaving the scene of an accident.

Karen Read's Mistrial: Defense Claims Jury Had Agreement to Find Her Not Guilty

The defense attorneys argued that this shows that the jury had effectively rendered a not guilty verdict on those two charges, and therefore Read cannot be retried for them under the double jeopardy clause of the Fifth Amendment.

The double jeopardy clause protects individuals from being tried twice for the same crime. Once a jury is impaneled and sworn in, the defendant is considered to be "in jeopardy" of being convicted. If the jury is unable to reach a verdict, or if the judge declares a mistrial, the defendant cannot be retried for the same crime unless there is a "manifest necessity" for doing so.

Karen Read's Mistrial: Defense Claims Jury Had Agreement to Find Her Not Guilty

In this case, the defense argues that there is no manifest necessity for a retrial because the jury had already reached a verdict on two of the charges. They claim that the mistrial was only declared because the jury was unable to reach a unanimous verdict on the third charge, first-degree murder.

The prosecution, however, has said they plan to seek a new trial. They argue that the jury was still deliberating when the mistrial was declared, and that there was still a chance that they could have reached a unanimous verdict on all three charges.

Karen Read's Mistrial: Defense Claims Jury Had Agreement to Find Her Not Guilty

The judge has not yet ruled on the defense's motion to dismiss the charges. A hearing on the motion is scheduled for August 8.

If the judge dismisses the charges, Read will be free to go. If the judge allows the prosecution to proceed with a new trial, Read could face life in prison if she is convicted of first-degree murder.

Karen Read's Mistrial: Defense Claims Jury Had Agreement to Find Her Not Guilty

The case has been closely watched by legal experts and members of the public alike. It is a complex case with no easy answers, and it is likely to be appealed regardless of the outcome of the retrial.