Karen Read, the woman charged with second-degree murder in the death of her boyfriend, Boston Police Officer John O'Keefe, was back in court for a new hearing Tuesday, where the case's rising media attention became a part of the legal arguments.
Read is accused of killing O'Keefe on Jan. 29, 2022, after a night out at the bar. Police said she ran him over with her SUV while dropping him off at a house party in Canton, after they had been arguing. Her attorneys have argued that someone else had to have killed O'Keefe and alleged a coverup.
The latest hearing, in Norfolk Superior Court in Dedham, came a day after a part of an exclusive "Dateline" interview with Read aired on the TODAY show, and on Tuesday, each side brought a motion that involved the media — the prosecution sought a gag order while the defense asked for the judge to recuse herself because of a perception of impartiality.
Judge Beverly Cannone did not recuse herself after defense attorney Alan Jackson argued that there was a perception in the public that she wasn't impartial because of reports suggesting that she had a connection with a family tied to the case, as well as only quickly approving motions from the prosecution.
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In response, Assistant Norfolk District Attorney Adam Lally argued the evidence shared in court was divorced from its context and that Cannone's rulings aren't the basis for recusal. If it were, he said, "every time a judge denies a motion, we're going to have find a different judge."
Cannone took a break to consider the arguments she'd heard, then came back to reject "the notion that untrue and unsubstantiated rumors spread on the internet can force a judge to recuse herself."
She said evidence shared by the defense wasn't true, which for her underscored the notion that chatter on the internet could become the basis of requests for recusal.
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"Simply because someone plays with my name or gives credence to those who do by holding up a placard, you can't create a reasonable and credible appearance of a lack of impartiality," Cannone said.
She didn't rule on the prosecution's request for a gag order, taking it under advisement.
The prosecution says the defense is taking a "trial by media' strategy by sharing what they call unsubstantiated claims that could risk the impartiality of potential jurors. Lally said that he found out about some motions made by the defense from his press officer, because they'd been shared in the media before they were filed in court, and also said that some witnesses have been harassed and intimidated.
Another of Read's lawyers, David Yannetti, took umbrage over the motion and said that the prosecution has been able to speak publicly about the case, leading to a public pronouncement from Boston police after Read's arrest that O'Keefe's killer had been caught — damaging her reputation before she had a chance to make her case in the court of public opinion.
"They were quite happy with the press this case was getting when it was in their favor," Yannetti said.
The Zoom call for the meeting was full with hundreds of people, at least one of whom was unmuted — their audio repeatedly interrupted the arguments.
Outside of court, dozens of Read's supporters marched with signs, saying the evidence they've seen makes it clear Read couldn't have killed O'Keefe. Her father was in court, and told reporters he wants the truth to come out there.
"It doesn’t take a rocket scientist to think what happened to this man– he was attacked, he was murdered but he was not attacked by my daughter’s car," William Read said.
In the interview with "Dateline," Karen Read said she dropped off O'Keefe and drove home assuming that he went inside. The next morning, she said she went back looking for him and found his body in the snow in front of the home.
"His eyes were swollen shut. He had blood dripping out of his nose," Read said to "Dateline" correspondent Dennis Murphy.
"I have an innocent client, period," Jackson told NBC. "John walked into an element of hostility in that house. John O'Keefe got out of a car, walked into the house, was sucker punched, fell, hurt himself, and then ultimately his body was moved."
Prosecutors have filed a motion asking her and her attorneys to stop speaking to the media. Meanwhile, an air date for the upcoming "Dateline" episode has not been announced.
