Karen Read loses double jeopardy appeal in Boston cop slaying case, will receive new trial

Karen Read, 45, is expected to go on trial for the second time as previously scheduled in April on charges of second-degree murder and leaving the scene of a deadly accident.

Boston Police Officer John O'Keefe died from blunt force trauma to the head and hypothermia during a January snowstorm in Canton, Massachusetts, about 15 miles outside Beantown. Prosecutors say Read hit him with her SUV and fled the scene after a drunken fight. She claimed it was an elaborate cover-up and that she had left before he suffered any injuries. Jurors couldn't reach an agreement on which side to believe.

After a lower court denied her motion to dismiss following the mistrial, she appealed to the state's highest court, which handed down a decision Tuesday rejecting her argument that jurors only deadlocked on one of the three charges. She wanted the remaining two thrown out.

"The jury clearly stated during deliberations that they had not reached a unanimous verdict on any of the charges and could not do so," Massachusetts Supreme Court Justice Serge Georges Jr. wrote in the court's 35-page decision.

"Only after being discharged did some individual jurors communicate a different supposed outcome, contradicting their prior notes," Georges wrote.

Because the jurors broke their silence only after the trial, it was too late, the court ruled.

"Such posttrial disclosures cannot retroactively alter the trial's outcome -- either to acquit or to convict," Georges wrote. "Accordingly, we affirm the trial judge's denial of the motion to dismiss and the defendant's request for a posttrial juror inquiry."

Read's new trial is expected to be led by a special assistant prosecutor, Hank Brennan, who once represented the mobster James "Whitey" Bulger and has already begun trying to obtain unpublished records from Massachusetts reporters who have interviewed Read.

"I don't see how that was going to fly, because it was a mistrial, she wasn't found guilty or not guilty," said Paul Mauro, a former NYPD inspector and attorney. "Double jeopardy applies when you have a verdict. It's in the Constitution."

"This is settled law," he added. "This is not double jeopardy, I agree with the court. Let's get to a new trial and resolve this."

The new trial is scheduled to begin on April 1.

She is also facing a wrongful death lawsuit from O'Keefe's family.

Testimony from Massachusetts State Trooper Michael Proctor, one of the key investigators, severely hurt prosecutors in court.

Jurors were seen shaking their heads in court as Read's defense team read some of his text messages.