Karen Read已经向最高法院提交了紧急请愿书要求立即延期重审-已经开始挑选陪审团-等待高等法院对她的违宪指控进行审查。
“Read的请愿书声称,她计划对三项未决指控中的两项进行重审,包括一项二级谋杀指控,这将违反双重危险条款,因为陪审团在她的第一次审判中达成了最终一致但未经宣布的决定,即她对这些指控无罪。”
里德被指控在2022年1月杀害了她的男友,波士顿警官约翰·奥基夫。检察官指控里德在波士顿遭遇暴风雪时开车撞了奥基夫,并让他自生自灭。里德否认了这些指控,并坚称自己是无辜的。
她被控一级谋杀,在酒后驾驶机动车并离开致命事故现场时杀人。她不服罪。
里德的首次审判以无效审判告终去年七月,陪审团经过五天的商议后陷入僵局。
“尽管我们尽了最大努力,但我们发现自己陷入了僵局,”贝弗利·坎农法官在宣读陪审团的一份说明时说。“这种深刻的分歧不是由于缺乏考虑,而是由于我们对个人信仰和道德准则的严格坚持。继续审议将是徒劳的。”
对此,坎农说:“你的服务已经完成。我宣布审判无效。”
里德的律师已经要求多个上诉法院——现在是最高法院——在重审中驳回二级谋杀和离开致命事故现场的指控。他们在法庭文件中称,对她的指控进行重审将违反双重危险保护,因为根据四名陪审员随后的陈述,陪审团一致决定无罪释放里德的指控。
所有这些请求都被被评委否决.
这个案件引起了全国的关注。“雪地里的尸体:对凯伦·里德的审判”,一部关于此案的纪录片,上个月在网飞首映。
最高法院对紧急请愿书的裁决没有时间表。
律师在她的文件中写道:“请愿人恭敬地敦促法院在此事上暂停陪审团的选择,或者陪审团的宣誓,直到法院对里德的请愿做出裁决。”
陪审团的选择进展缓慢。这一过程预计需要数周时间。周一,在引入45名候选人后,没有增加新的陪审员。10名陪审员在一周前开始的陪审团选择的第一周就坐。
Karen Read asks Supreme Court to prevent retrial for murder
Karen Read has filed an emergency petition with the Supreme Court seeking an immediate stay of her retrial --which has begun jury selection-- pending review by the high court on her claims of constitutional violation.
"Read’s Petition contends that her scheduled retrial on two of the three counts pending against her, including a charge of second-degree murder, will violate the Double Jeopardy Clause because the jury in her first trial reached a final and unanimous, but unannounced, decision that she is not guilty of those charges."
Read is accused of killing her boyfriend, Boston police officer John O'Keefe, in January 2022. Prosecutors alleged Read hit O'Keefe with her vehicle and left him to die as Boston was hit with a major blizzard. Read has denied the allegations and maintained her innocence.
She was charged with first-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of a fatal accident. She pleaded not guilty.
Read's first trialended in a mistriallast July after the jury deadlocked following five days of deliberations.
"Despite our rigorous efforts we find ourselves at an impasse," Judge Beverly Cannone said, reading a note from the jury. "The deep division is not due to lack of consideration but to a severe adherence to our personal beliefs and moral compasses. To continue to deliberate would be futile."
In response, Cannone stated, "Your service is complete. I am declaring a mistrial."
Read's attorneys have asked multiple appeals courts -- and now the Supreme Court -- to dismiss the charges of second-degree murder and leaving the scene of a fatal accident in the retrial. They argued in court filings that retrying her on the charges would violate double jeopardy protections because, based on subsequent statements from four jurors, the jury had reached a unanimous decision to acquit Read on the charges.
All of those requests have beenrejected by judges.
The case has drawn national attention. "A Body in the Snow: The Trial of Karen Read," a documentary about the case, premiered last month on Netflix.
There's no timetable for the Supreme Court to rule on the emergency petition.
"Petitioner respectfully urges the Court to stay jury selection or, alternatively, the swearing of the jury in this matter until this Court has ruled on Read’s Petition," the lawyers wrote in her filing.
Jury selection has been slow going. The process was expected to take weeks. On Monday, no new jurors were added after bringing in 45 candidates. Ten jurors were seated on the first week of jury selection, which started a week ago.