The Karen Learn saga will proceed to pull on, because the homicide defendant’s second trial has been delayed till the spring.
Each the Norfolk DA’s Workplace and Learn’s attorneys requested for the postponement from January till April, and Decide Beverly Cannone granted the joint request on Monday.
“Endorsement on Motion to continue trial date (Commonwealth and Defense Joint Motion), (#402.0): ALLOWED,” reads the decide’s ruling.
“The parties are to jointly propose a scheduling order for the court to consider on December 12, 2024,” Cannone added.
Learn’s first trial earlier this 12 months led to a mistrial. She has been charged in Norfolk Superior Courtroom with second-degree homicide (Rely 1), motorized vehicle manslaughter (Rely 2), and leaving the scene of a collision inflicting loss of life (Rely 3).
She’s accused of mowing down her boyfriend of two years, Boston Police Officer John O’Keefe, together with her SUV and leaving him to freeze and die on a Canton entrance garden within the early morning of Jan. 29, 2022.
A trial ended on July 1 with a hung jury. Learn’s attorneys shortly after the primary trial ended mentioned that jurors got here ahead to say that they had been unanimously able to acquit Learn on Counts 1 and three, and had been solely held on Rely 2 however didn’t know point out a partial verdict.
This info, Learn’s staff argues, means she ought to solely be retried on the manslaughter cost within the upcoming proceedings. Cannone disagreed and denied their movement, so Learn’s staff has taken it to the Massachusetts Supreme Judicial Courtroom.
In the meantime final month, each Learn’s legal professionals and the Norfolk DA’s Workplace filed a joint movement to proceed the trial date from Jan. 27 to April 1, 2025.
The movement was from Learn’s attorneys, Alan Jackson and David Yannetti, together with the particular prosecutor for the Norfolk DA’s Workplace, Hank Brennan.
“The joint request will allow both the Commonwealth and defense adequate time to prepare for the trial, accommodate the schedule of new witnesses, including expert witnesses, will allow for the testing and disclosures by the experts timely before trial, and will result in a far more efficient and streamlined presentation of evidence by both parties,” the Norfolk DA’s particular prosecutor and Learn’s protection attorneys wrote.
The Norfolk DA’s Workplace additionally filed a discover that they intend to re-test forensic proof forward of the second trial.
“Further, the Commonwealth has provided notice to the defense that it has retained a biomechanical engineer who is expected to testify at trial,” reads the joint movement.
The Norfolk DA’s Workplace additionally mentioned new specialists will doubtless testify throughout the second trial, and the protection will want time to reply to such specialists.
The joint movement reads, “The Commonwealth is doing everything in its power to be as expeditious as possible to properly prepare for this trial and ensure the defendant is given a fair trial.”
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