Karen Learn retrial jurors might enter deliberations probably this week because the protection’s case has already doubled its size from final yr.
“They’ve presented a lot more evidence than most murder defendants,” retired state Superior Court docket Choose Jack Lu instructed the Herald on Saturday. He later added, “Many put up little or no evidence and rely on the Commonwealth’s case and reasonable doubt.”
“As an abstract matter it is desirable for the defendant to give the government a run for their money,” Lu, who now teaches authorized programs at UMass Lowell, New England Regulation and others, continued. “On the other hand, those other short defense presentations may be short for a reason — that a large target is an easy target.”
Learn, 45, of Mansfield, faces fees of second-degree homicide, manslaughter whereas working a motorized vehicle beneath the affect, and leaving the scene of a collision inflicting dying. She’s accused of slamming her Lexus LX570 SUV into her boyfriend, Boston Police Officer John O’Keefe, and leaving him to freeze and die on a Canton entrance garden on Jan. 29, 2022.
It’s been 11 months since the mistrial and within the time between then and when this new trial started in earnest on April 22, Learn’s protection orchestrated a multi-pronged effort to have her case — or no less than the homicide cost — tossed.
These efforts had been denied by the trial decide, Massachusetts’ Supreme Judicial Court docket, the state U.S. District Court docket, the federal appeals court docket and, lastly, by the U.S. Supreme Court docket.
Final Tuesday the protection tried for a mistrial after they argued particular prosecutor Hank Brennan had overstepped his authorized limits throughout cross-examination. Choose Beverly J. Cannone denied the movement and the protection continued its case, calling its fifth witness later that day.
The attorneys on this case are beneath gag orders and so their trial plans will not be telegraphed. However at a complete of eight witnesses already known as over 5 days — and no less than another promised — the protection’s presentation has already blown previous final yr’s.
Final yr they known as a complete of six witnesses throughout two days. They’ve known as all of them again on this new trial up to now save for a retired health worker named Dr. Frank Sheridan and a digital forensics knowledgeable named Richard Inexperienced — who testified to a girl named Jennifer McCabe making a seek for “hos long to die in cold” at 2:27 a.m., which is a key element in assist of the protection’s principle of a third-party killer and ensuing conspiracy to border Learn.
The protection additionally has but to name Andrew Rentschler, a biomechanist from the engineering consultancy agency ARCCA, who testified final yr. However his ARCCA colleague Daniel Wolfe was known as on Friday and is predicted again for extra testimony on Monday. Throughout his Friday testimony he repeatedly referred to Rentschler and what he “will” testify to, promising Rentschler’s return.
Whereas the protection case has significantly expanded, new prosecutor Brennan shortened the prosecution’s case by a full work week: 28 days all the way down to 23 days.
A notable change from final yr is asking fewer first responders and dropping a whole angle of positioning the O’Keefe-Learn relationship as collapsing — the journey the couple took to Aruba simply weeks earlier than O’Keefe’s dying, which witnesses mentioned included Learn having making a jealousy-fueled main scene.
However most notably was his removing of case officer Trooper Michael Proctor, who has since been fired from the Massachusetts State Police primarily for dangerous habits on this case.
When the prosecution rested its case on Might 29, Learn instructed reporters outdoors of the courthouse that the protection’s case will take per week and a half to 2 weeks. There are already 5 days down.
Will the protection name Proctor themselves? Learn says “TBD,” or “to be determined.” Will she herself testify? That’s additionally “TBD,” she mentioned outdoors of court docket.
Hints in court docket filings, like a jury instruction concerning the defendant not testifying is simply “boilerplate” she mentioned extra just lately.
“I’m ambivalent,” she mentioned Monday after court docket, “and by ambivalent I could get on board with either one.”
