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The Massachusetts lady accused of killing her Boston police officer boyfriend in a snowy collision has misplaced her Massachusetts Supreme Court docket enchantment searching for to have her case tossed on the grounds of double jeopardy after a chaotic homicide trial resulted in a hung jury.
Karen Learn, 45, is anticipated to go on trial for the second time as beforehand scheduled in April on expenses of second-degree homicide and leaving the scene of a lethal accident.
Boston Police Officer John O’Keefe died from blunt pressure trauma to the pinnacle and hypothermia throughout a January snowstorm in Canton, Massachusetts, about 15 miles outdoors Beantown. Prosecutors say Learn hit him along with her SUV and fled the scene after a drunken struggle. She claimed it was an elaborate cover-up and that she had left earlier than he suffered any accidents. Jurors could not attain an settlement on which facet to imagine.
After a decrease court docket denied her movement to dismiss following the mistrial, she appealed to the state’s highest court docket, which handed down a call Tuesday rejecting her argument that jurors solely deadlocked on one of many three expenses. She wished the remaining two thrown out.
WATCH KAREN READ: KILLER OR CONVENIENT OUTSIDER?
Karen Learn departs Norfolk Superior Court docket in Dedham, Massachusetts on Friday, August 9, 2024. Learn, who was accused of killing her Boston police officer boyfriend with a car in January 2022, was again in court docket Friday for a listening to discussing her protection group’s movement to dismiss. (Patriot Pics/Backgrid for Fox Information Digital)
“The jury clearly acknowledged throughout deliberations that they’d not reached a unanimous verdict on any of the fees and couldn’t achieve this,” Massachusetts Supreme Court docket Justice Serge Georges Jr. wrote within the court docket’s 35-page determination.
Jurors advised the choose in a collection of notes that they have been “deeply divided” over Learn’s guilt of homicide and different expenses and couldn’t attain an settlement.
“Solely after being discharged did some particular person jurors talk a special supposed consequence, contradicting their prior notes,” Georges wrote.
KAREN READ MISTRIAL PUTS COPS IN TOUGH SPOT, OPENS DOOR FOR ACCUSED KILLER OF BOYFRIEND OFFICER TO WALK FREE
As a result of the jurors broke their silence solely after the trial, it was too late, the court docket dominated.
“Such posttrial disclosures can’t retroactively alter the trial’s consequence — both to acquit or to convict,” Georges wrote. “Accordingly, we affirm the trial choose’s denial of the movement to dismiss and the defendant’s request for a posttrial juror inquiry.”
Boston Police Officer John O’Keefe poses for his official portrait. O’Keefe’s girlfriend, Karen Reed, could have a second homicide trial after the primary ended with a hung jury following his dying in January 2022. (Boston Police Division)
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Learn’s new trial is anticipated to be led by a particular assistant prosecutor, Hank Brennan, who as soon as represented the mobster James “Whitey” Bulger and has already begun attempting to acquire unpublished information from Massachusetts reporters who’ve interviewed Learn.
Learn the court docket’s determination
WATCH: DASHCAM FROM THE NIGHT JOHN O’KEEFE WAS FOUND DEAD
“I do not see how that was going to fly, as a result of it was a mistrial, she wasn’t discovered responsible or not responsible,” stated Paul Mauro, a former NYPD inspector and lawyer. “Double jeopardy applies when you’ve gotten a verdict. It is within the Structure.”
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“That is settled regulation,” he added. “This isn’t double jeopardy, I agree with the court docket. Let’s get to a brand new trial and resolve this.”
The brand new trial is scheduled to start on April 1.
She can also be dealing with a wrongful dying lawsuit from O’Keefe’s household.
Learn, in a latest spherical of interviews, argued that she was framed by the actual killers, whom she believes are different members of regulation enforcement O’Keefe acquired right into a struggle with after she dropped him off on the dwelling of fellow Boston Police Officer Brian Albert. O’Keefe was discovered lifeless within the snow on Albert’s entrance garden.
Karen Learn waits as her authorized group meets on the facet bar throughout Reid’s trial in Norfolk Superior Court docket, Friday, June 14, 2024, in Dedham, Mass. Learn, 44, is accused of operating into her Boston police officer boyfriend along with her SUV in the course of a nor’easter and leaving him for lifeless after an evening of heavy consuming. (AP Photograph/Charles Krupa, Pool)
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Testimony from Massachusetts State Trooper Michael Proctor, one of many key investigators, severely harm prosecutors in court docket.
Jurors have been seen shaking their heads in court docket as Learn’s protection group learn a few of his textual content messages.
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In them, he known as Learn a “wack job,” a “babe … with no a–” and a “c—.” He wrote that he wished she would kill herself and joked about in search of nude selfies whereas looking her telephone.
Suspected Boston cop killer Karen Learn loses double jeopardy enchantment
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