Karen Read. Mistrial!

For the second time on Monday, the jury informed the judge that they were unable to reach a verdict in the case of Read, who pleaded not guilty to multiple charges including second-degree murder and vehicular manslaughter. This comes after days of deliberation and a previous note from the jurors on Friday, indicating their inability to come to a unanimous decision. Massachusetts law states that if convicted, Read could face life in prison. Despite the mistrial being announced by Norfolk District Attorney Morrissey, he expressed gratitude towards the O'Keefe family for their dedication throughout this lengthy process. The commonwealth has stated their intention to retry the case with a new jury. On the other hand, Read's lawyer Jackson criticized prosecutors for continuously failing and promised to continue fighting against false charges. In an attempt to break the deadlock among jurors, Judge Beverly Cannone gave them a "dynamite charge" known as Tuey-Rodriguez charge on Monday morning. This directed them to reconsider their positions while keeping in mind the opinions of those who may have differing views. The jury had sent a note stating their deep division due to fundamental differences in opinions and state of mind.

In the note, it was acknowledged that our differing opinions stem from our personal convictions and not a lack of understanding or effort. Cannone then went on to remind us that although we must each come to our own verdict, it is important to respect and listen to one another's arguments. Despite initially declaring a deadlock, the jury was instructed by the judge to continue deliberations on Monday. The case at hand involves serious allegations of a police cover-up, as well as inappropriate behavior and sexist messages from a lead investigator. The victim in this case is O'Keefe's girlfriend, whose body was found beaten in the snow outside a fellow officer's home.

Last Friday and Monday, Assistant District Attorney Adam Lally from Norfolk County argued against the judge issuing the Tuey charge. He believed that the jury had not deliberated enough, citing the case's complexity and the large amount of evidence and witness testimony. Defense attorney David Yannetti, on the other hand, urged the judge to issue the charge, pointing out that jurors had twice indicated they were hopelessly deadlocked on Monday.

So , what does a mistrial mean?

A mistrial can happen for various reasons and results in the termination and invalidation of a trial before a verdict is reached. There are two common scenarios that can lead to a mistrial: a hung jury or procedural error/misconduct. A jury may be unable to reach a verdict despite multiple attempts, or there may be serious procedural errors or misconduct that could prejudice the jury, such as allowing biased evidence or jury errors. In the event of a mistrial, the current trial is terminated and prior proceedings are invalidated. This means that a new trial must begin with the same parties and charges, potentially with a new jury. It's important to note that a mistrial does not determine innocence or guilt, and in criminal cases, the prosecutor can choose to retry the defendant.

According to former Massachusetts Attorney General Martha Coakley, the district attorney's office has full control over the charges in a potential retrial of Karen Read. There is also the possibility of plea bargaining, which will likely be discussed. Coakley believes that as defense counsel, it is important to have conversations about reducing charges and potentially reaching a plea agreement..

So what do you think?