Karen Learn’s protection crew says a fifth juror has come ahead to inform them that the jury was unanimous in believing Learn was not responsible of two of the fees towards her, together with second-degree homicide, bolstering its name to dismiss these fees within the new trial.
“The defense respectfully renews its contention that the jury acquitted Ms. Read on Counts 1 and 3, or, alternatively, there was no manifest necessity for a mistrial as to those counts, and therefore the Double Jeopardy protections of the federal and state Constitutions require that those counts not be retried,” the protection supplemental memo filed late Thursday states.
The memo is the most recent in a string of filings that started with the protection’s movement, filed July 8, to dismiss the second-degree homicide (Rely 1) and leaving the scene of an accident inflicting dying (Rely 3) fees towards Learn.
Learn, 44, of Mansfield, confronted these fees, in addition to one other of manslaughter whereas working a motorcar beneath the affect (Rely 2), in a nine-week trial that resulted in mistrial on July 1, the fifth day of jury deliberations.
The fees stem from the dying of Boston Police Officer John O’Keefe, Learn’s boyfriend of two years on the time of his dying within the early morning of Jan. 29, 2022. Prosecutors say Learn struck him together with her SUV outdoors a Canton house and left his physique on the garden to freeze and die.
The preliminary movement was predicated on the protection’s declare that three jurors got here ahead to inform them that the jury, which had indicated it was at an deadlock by means of a number of notes throughout deliberations, was solely hung in consideration of manslaughter or a lesser cost beneath manslaughter jurors may take into account.
These two jurors have been subsequently joined by a fourth, in keeping with a July 10 supplemental memo, and now a fifth. They’re all nameless and recognized solely by a letter: A, B, C, D and E, respectively.
A supporting affidavit filed by protection lawyer Alan Jackson stated Juror E contacted him on Wednesday.
“Juror E explained that the jury was ‘unanimous on 1 and 3’ that karen Read was NOT GUILTY of those charges,” Jackson wrote within the affidavit. “Juror E went on to state that the only count on which the jury was deadlocked was in relation to the ‘lower charges’ on Count 2. I took that to mean the lesser included offenses associated with Count 2.”
The case is again at Norfolk Superior Courtroom for listening to on Monday.,
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