Now that Karen Learn’s legal trial for the homicide of John O’Keefe has ended — along with her acquittal on all fees besides drunken driving — the O’Keefe household’s civil case towards her can proceed.
That’s in line with the Oct. 31, 2024, ruling by Plymouth Superior Court docket Decide William M. White Jr. that paused the civil case till the legal trial concluded.
Though White’s order anticipated a Jan. 27 legal trial begin — the date scheduled on the time — the keep remained in place when the trial in the end started in April.
The legal trial concluded Wednesday with a decisive protection win.
Learn, 45, of Mansfield, was cleared of her indicted fees: second-degree homicide, manslaughter whereas working a motorcar below the affect of liquor and leaving the scene of an accident leading to loss of life.
The jury convicted her solely of working a motorcar below the affect, or OUI, which was the least of three “lesser included” offenses jurors might think about below manslaughter.
However a number of prosecution witnesses stay adamant that Learn is responsible — a declare that underlies the civil criticism. They issued an announcement after the decision, reiterating their place.
“Today, our hearts are with John and the entire O’Keefe family. They have suffered through so much and deserved better from our justice system,” a joint assertion by Jennifer McCabe, Matthew McCabe, Chris Albert, Julie Albert, Colin Albert, Nicole Albert, Brian Albert, Kerry Roberts, and Curt Roberts learn.
“While we may have more to say in the future, today we mourn with John’s family and lament the cruel reality that this prosecution was infected by lies and conspiracy theories spread by Karen Read, her defense team, and some in the media,” the assertion continued. “The result is a devastating miscarriage of justice.”
The civil case has plodded alongside inside the confines imposed by White’s order staying proceedings. There have been a dozen entries on the docket since then, operating via April 10, when jury choice was nonetheless ongoing in Learn’s legal trial. The final entry was the choose suspending depositions of Learn’s dad and mom and sister-in-law till after the legal trial.
A civil continuing has a a lot decrease bar for jurors or a choose to search out in favor of the plaintiff. Whereas legal convictions require proof “beyond a reasonable doubt,” civil circumstances want solely a “preponderance of the evidence” — that means greater than 50% certainty — to search out within the plaintiff’s favor.
Paul O’Keefe, the youthful brother of John O’Keefe, and different family members filed a wrongful loss of life lawsuit final August towards Learn and the 2 bars the place Learn and O’Keefe drank simply forward of his loss of life in 2022.
The go well with alleges the identical occasions because the legal prosecutors: that Learn and O’Keefe argued into the midnight hour of Jan. 29, 2022; that O’Keefe received out of Learn’s car at 34 Fairview Highway in Canton; and that Learn, “in a state of intoxication,” drove her SUV into O’Keefe, who then “suffered serious injury and died.”
“At all relevant times, defendant Read knew that it was snowing, knew there was an impending blizzard and knew or should have known that leaving JJ (the family nickname for O’Keefe) outside in the blizzard would likely result in serious injury or death,” the go well with alleges.
The go well with additionally names as defendants C.F. McCarthy’s and Waterfall Bar & Grill, the place Learn and O’Keefe drank forward of the alleged killing. The criticism alleges that the bars “negligently served alcohol to an intoxicated person, namely defendant Read.”
The Herald reached out to the household’s lawyer, Marc Diller, on Wednesday for touch upon the case — or any remark from the O’Keefe household — however didn’t obtain a response by late Thursday afternoon.
Whereas Learn didn’t testify at her legal trial, as was her proper, the plaintiffs have the facility to depose her for this civil trial. And the way she handles that may be pivotal, as a misstep may very well be “very damaging to the defendant in a civil case where the burden of proof is already low,” retired state Superior Court docket Decide Jack Lu instructed the Herald Thursday.
Learn “probably, but not certainly, retains her Fifth Amendment privilege not to testify. But if she does so the jury is allowed to draw an adverse inference against her,” Lu continued. “If the defendant does not take the fifth and testifies at her deposition, she can be questioned for days about the events. This can be very hurtful for the defense.”
However, Boston-based protection lawyer William Kickham says that Learn’s win within the legal trial might assist her.
“Given today’s verdict of Not Guilty on the murder or manslaughter charges, I think the prospect of a win in the civil case will be made extremely challenging,” Kickham instructed the Herald Wednesday.
With the legal trial concluded, the civil case can now proceed.
Stuart Cahill/Boston Herald
Karen Learn and Alan Jackson greet her supporters on Wednesday. (Stuart Cahill/Boston Herald)
