New court filings released this week include new details about why Karen Read's lawyers think the murder charge against her should be thrown out.
On Wednesday, Read's legal team appealed a recent ruling to Massachusetts' Supreme Judicial Court, seeking to overturn Judge Beverly Cannone's ruling last month denying Read's motion to dismiss two of the charges brought against herdenying Read's motion to dismiss two of the charges, the jury would have found Read not guilty on two of the three charges brought against her in the death of her boyfriend, Boston Police Officer John O'Keefe.
In Wednesday's 37-page petition for relief filed with the SJC, Read's lawyers argue that she is entitled to a review of her motion to dismiss before she is retried. They are also asking the court to hold a hearing allowing oral arguments on the petition. "Given the central importance that acquittals have held in our criminal justice system for hundreds of years, the defense respectfully submits that the jury’s unanimous agreement precludes re-prosecution of Ms. Read on Counts 1 and 3 and mandates dismissal of those charges," Read's lawyers said.
"In rejecting Ms. Read’s claim of acquittal, the court relied solely upon the lack of an 'open and public verdict affirmed in open court,'" her lawyers said."This reasoning is rooted in a formalism that has been consistently rejected by the United States Supreme Court and Supreme Judicial Court in a string of precedents spanning more than one hundred years."
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