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If Karen Read’s trial ends in a hung jury, will the state try again? Legal expert weighs in

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If Karen Read’s trial ends in a hung jury, will the state try again? Legal expert weighs in

DEDHAM – As the deadlocked jury in the Karen Read murder trial continued this weekend, questions now arise about what will happen if the judge declares a mistrial next week.

Read faces three charges in the January 2022 death of her boyfriend, Boston Police Officer John O’Keefe: first-degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene of personal injury and death.

Will there be a new trial?

The jury sent a letter to Judge Beverly Cannone on Friday, saying, “Despite our extensive review of the evidence and our careful consideration of all of the challenged evidence, we are unable to reach a unanimous verdict.” Cannone sent them back to deliberate further.

Legal expert Phil Tracy said there is no limit to how many times Cannone can send the jury back to deliberate further. He predicted that with the Fourth of July holiday coming up next week, Cannone might not want to go past Wednesday.

“On Wednesday, it’s over for both sides. The jury is split,” Tracy said. “Everybody predicted she would be found not guilty. So it’s a Pyrrhic victory for the prosecution.”

Will the prosecution retry Karen Read?

If a mistrial is declared, the state has the option to retry Read. Tracy predicted they would do so, but said it would be difficult.

“It will be cruel to have jurors who have not yet expressed an opinion,” Tracy said, noting how polarizing the case has become. But he thinks if there is a mistrial, the state will still try Read again.

“Someone is dead and so you have to do that, for the good of his family, for the good of his mother, for the good of his children,” Tracy said.

Read’s supporters, who waited outside the courthouse in Dedham for the verdict, said they fear she could be tried again if a mistrial is granted.

“She’ll always have to live with the possibility of trying this whole thing again for the rest of her life,” said Read supporter Paul Harvey. “They should never have gone to court.”

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