Karen Learn’s attorneys have taken their argument to drop the homicide cost towards her to the state’s highest court docket.
The attraction filed Wednesday to the Supreme Judicial Courtroom is impounded, no less than in the interim. Learn’s lawyer Martin Weinberg filed the attraction and has been the lead counsel on petitions for dropping Learn’s expenses of second-degree homicide and leaving the scene of an accident leading to dying to be dropped.
Learn’s trial protection attorneys David Yannetti and Alan Jackson have supported the movement in affidavits stating that various jurors from the trial, which was declared a mistrial resulting from a hung jury, have since come ahead to say the jury was unanimous find that Learn was not responsible on these two expenses.
They wrote that 5 jurors instructed them that the jury was solely cut up on Depend 2: manslaughter whereas working a motorized vehicle underneath the affect. The jurors mentioned they only didn’t know they may ship a partial discovering.
Learn, 44, of Mansfield, confronted these expenses in a nine-week trial that led to mistrial on July 1, the fifth day of jury deliberations.
The costs 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 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 wrote in a supplemental memo in July.
Assistant District Legal professional Adam Lally, who together with Laura McLaughlin tried Learn in Norfolk Superior Courtroom, filed a response to the movement stating that Weinberg’s arguments lack “merit or legal foundation.”
The protection efforts to have these two expenses dismissed in Learn’s new trial scheduled for January failed on the Norfolk Superior Courtroom degree when Decide Beverly J. Cannone final month denied the movement.
“After careful consideration,” the decide wrote in her order, “this Court concludes that because the defendant was not acquitted of any charges and defense counsel consented to the court’s declaration of a mistrial, double jeopardy is not implicated by the retrial of the defendant.”
Weinberg mentioned then that the workforce would attraction Cannone’s resolution.
“We respectfully but strongly disagree with the cornerstones of today’s rulings and intend a vigorous appeal to assert and uphold Ms. Read’s rights based on the Double Jeopardy Clause,” Weinberg mentioned in an announcement following the ruling.
Karen Learn homicide case: Canton police senior officer who secured web site retiring
Initially Printed:
