The Karen Learn protection group has delivered its movement to dismiss for “Extraordinary Governmental Misconduct,” simply as promised late final month.
However simply precisely what’s inside will not be but recognized, because the movement was filed Wednesday below seal. It is going to be open to the general public as soon as a redacted model is submitted, which was not out there from the Norfolk Superior Courtroom in Dedham’s clerk workplace by 3:30 p.m.
Learn’s attorneys first introduced the movement in a footnote demanding that the state pay for prices incurred by a protection professional who was despatched on what protection legal professional Alan Jackson known as a “wild goose chase,” allegedly below a misunderstanding that Canton Police Division video footage was out there. It was not.
Web page 2 of that movement revealed the upcoming movement for dismissal: “A Motion to Dismiss for Extraordinary Governmental Misconduct based on the destruction of this, and other, exculpatory evidence is forthcoming,” the footnote reads. “This motion should not be deemed a waiver of any such claims or issues.”
Motions to dismiss are par for the course on this case that has captured headlines for years.
Learn’s attorneys filed a 49-page movement to dismiss, which was additionally below seal, forward of her first trial final yr. This movement was primarily based on alleged failures of the prosecutor’s presentation of the case to the grand jury, which they are saying was “predicated entirely on flimsy speculation and presumption,” and the sufferer of “questionable and biased investigation.”
Then got here the mistrial, adopted by a string of protection appeals, primarily based notably on the protection’s claims that a variety of jurors had stated the jury wasn’t truly held on all three prices towards Learn, however simply certainly one of them — and hadn’t recognized they might ship a partial verdict.
Learn, 44, of Mansfield, is accused of hanging Boston Police Officer John O’Keefe, her boyfriend of two years, together with her automotive and leaving him to freeze and die on a Canton entrance garden on Jan. 29, 2022. For that she was indicted on three prices: second-degree homicide (Rely 1), manslaughter whereas working a motorized vehicle below the affect (Rely 2) and leaving the scene of an accident leading to demise (Rely 3).
The jurors allegedly indicated it was solely Rely 2, OUI manslaughter, they couldn’t attain a choice on and that they have been able to acquit on the others.
Due to this, Learn’s attorneys say, it could be “Double Jeopardy” to cost her with homicide a second time. Norfolk Superior Courtroom Decide Beverly J. Cannone denied that movement and the protection group appealed to the Massachusetts Supreme Judicial Courtroom, which upheld Cannone’s determination. Learn’s protection earlier this month filed a double jeopardy declare with the federal court docket in Boston.
Learn’s second trial is scheduled to start on April 1.
This can be a creating story.
