Lawyers to argue gag order, recusal in Read case
By Jay TurnerEditor’s note: The original version this story in the 7/20 print edition incorrectly listed the day of the next hearing as Wednesday, July 25. The hearing is scheduled for Tuesday, July 25.
A pair of newly filed motions — one by the prosecution and another by the defense, both aimed at preserving trial fairness — will have their day in court next week as lawyers return to Norfolk Superior Court for the latest pre-trial showdown in the murder case against Karen Read.
The hearing is scheduled for Tuesday, July 25, starting at 2 p.m. in the Dedham courthouse.
Read, of Mansfield, has been charged in connection with the January 2022 death of her boyfriend, Boston police officer and Canton resident John O’Keefe, who was found battered and unconscious in the snow outside the home of fellow BPD officer Brian Albert on Fairview Road. Prosecutors allege that Read, who they say was intoxicated when she dropped off O’Keefe in front of the Albert residence to attend a party, struck him with her SUV at a high rate of speed before fleeing the scene. Read, however, maintains her innocence of all charges, while her lawyers contend that she was framed, pointing to evidence that they say not only implicates others but points to a cover-up.
The motion filed by the Norfolk District Attorney’s Office seeks to prohibit attorneys on either side from making “prejudicial” statements going forward. According to prosecutors, statements made by the defense to date go beyond “zealous representation” of their client and could pose a “substantial risk” to the impartiality of any potential jury pool.
“They are unsubstantiated proclamations, supported only by self-serving speculation and conjuncture, likely not to be admissible at trial and done with the intent of materially prejudicing the criminal proceedings by risking the impartiality of potential jurors,” notes the motion.
Attorneys for Read have countered that their statements, both in and out of court, are central to their “third party culpability” defense and are supported, they say, by hard evidence — everything from a witness’s google search activity, to the Apple Health data recovered from O’Keefe’s phone, to the injuries observed on O’Keefe’s arm in autopsy photos, which their experts say is indicative of a dog bite.
In addition to opposing the prosecutors’ proposed gag order, defense attorneys on Monday filed a new motion calling for the recusal and disqualification of the presiding judge, Justice Beverly Cannone. As it stands, Cannone is still expected to preside over next week’s hearing, although it is not clear whether she would remain on the case moving forward, with Justice Daniel J. O’Shea having recently been assigned to the court’s criminal session and Cannone since moving to the civil session.
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Posted by Jay Turner
on Jul 21 2023. Filed under News.
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