9 months following a dramatic mistrial declared beneath the glare of the nationwide highlight, Karen Learn is on trial once more for the homicide of her boyfriend, Boston Police Officer John O’Keefe.
Learn, 45, of Mansfield, faces expenses of second-degree homicide, manslaughter whereas working a motorized vehicle beneath the affect, and leaving the scene of an accident inflicting loss of life.
The case
Prosecutors say that Learn backed her Lexus SUV into O’Keefe at as much as 24 mph within the early morning hours of Jan. 29, 2022, leaving him to freeze and die on the entrance garden of 34 Fairview Street in Canton.
The protection has countered that another person, or a number of others, killed him inside the home and left his physique on the garden. They are saying that these killers, which might embrace home-owner Brian Albert, a fellow Boston cop who they are saying is nicely linked locally, labored with native police and crooked prosecutors to create a sweeping body job of Learn.
Learn was tried final yr however that case ended July 1 in mistrial after the jurors reported via three more and more assertive notes that they’d reached an deadlock.
In a twist few noticed coming, the protection shortly thereafter mentioned that a number of jurors had come ahead to say they weren’t really at an deadlock on two of the fees — together with homicide — however have been able to acquit. The jurors, in keeping with protection arguments, have been solely held on the manslaughter cost.
This alleged revelation launched a multi-pronged effort to have each cost however manslaughter dropped towards Learn within the retrial. The protection mentioned that the disclosures have been tantamount to a verdict and that to retry her on the opposite expenses could be a violation of her constitutional protections from Double Jeopardy. However these efforts failed earlier than trial Choose Beverly J. Cannone, the Massachusetts Supreme Judicial Courtroom, the federal court docket in Boston, and the federal Courtroom of Appeals for the First Circuit.
The protection has since launched a petition to have the argument reviewed by the U.S. Supreme Courtroom, however the court docket declined to delay the beginning of Learn’s retrial to take it up.
Opening day
Opening statements are set to be delivered in the present day. However these have but to start as attorneys and Choose Cannone are hammering out the ultimate particulars on 4 motions filed over the weekend.
Victoria George, a lawyer added to the protection staff forward of jury choice, just isn’t on the protection desk. As an alternative, she’s sitting on Learn’s aspect of the gallery. She was an alternate juror within the final trial.
Legal professional Alan Jackson is predicted to ship the opening assertion for the protection. Particular prosecutor Hank Brennan is predicted to take action for the Commonwealth.
This can be a growing story.
