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    • What is the Massachusetts Supreme Judicial Court?
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    What is the Massachusetts Supreme Judicial Court?

    Sakege Posted on

    BOSTON – Karen Read Lawyers will ask the state’s highest court this week to drop two charges, including second-degree murder, following a mistrial in July.

    Defense attorneys for Read, a Mansfield woman accused of killing her boyfriend, Boston police officer and Braintree native John O’Keefe, have argued that retrying her on all charges involves double jeopardy. They say jurors reached a unanimous decision to acquit her of charges of second-degree murder and leaving the scene of an accident causing injury or death.

    But prosecutors say the defense had the opportunity to object to the mistrial declaration at the time and did not do so, and the case does not have a verdict.

    Beverly Cannone, Norfolk Superior Court Judge sided with the prosecution in an August decision, prompting the defense to appeal to the Supreme Judicial Court.

    Judge Elizabeth Dewar ruled in September that Read’s appeal be heard by the entire Massachusetts Supreme Judicial Court panel. Dewar had the power to dismiss the appeal entirely or refer it to the full panel for consideration.

    Oral arguments are scheduled for 9 a.m. Wednesday, Nov. 6, at the John Adams Courthouse in Boston.

    What is the Massachusetts Supreme Judicial Court?

    He Supreme Judicial Court It is the state’s highest court of appeals. The full court hears appeals in a wide range of criminal and civil cases and issues written opinions. Single judges hear certain motions and other cases, such as bail reviews, bar discipline, and petitions for admission to the bar.

    The full court issues approximately 200 written decisions each year, and the sole justices decide a total of approximately 600 cases annually.

    The Supreme Judicial Court also oversees the judiciary and the bar, makes or approves rules for the operation of the courts, and provides advisory opinions to the governor and the legislature as requested.

    The Massachusetts Supreme Judicial Court typically issues written decisions within 130 days of oral arguments.

    Can the Massachusetts Supreme Court find Karen Read not guilty or guilty?

    The Massachusetts Supreme Judicial Court does not hear cases. It will not rule on the innocence or guilt of Karen Read, but it will rule on the appealed process of the trial. There is no jury. No witnesses appear before the state’s highest court.

    Who serves the Massachusetts SJC?

    The court consists of a chief justice and six associate justices who are appointed by the governor with the approval of the eight members of the governor’s council.

    The justices, like all judges in the state, serve until the mandatory retirement age of 70 years.

    The court currently consists of Chief Justice Kimberly Budd, Justice Frank Gaziano, Justice Scott Kafker, Justice Dalila Argaez Wendlandt, Justice Serge Georges Jr., Justice Elizabeth Dewar and Justice Gabrielle Wolohojian.

    What are the details of the Karen Read case?

    Read was charged with second-degree murder after O’Keefe’s body was found in the driveway outside the Canton home of a fellow Boston police officer on January 29, 2022, during a snowstorm. . Prosecutors say Read was drunk and angry when she intentionally hit him.

    But Read’s defense attorneys say she was framed for O’Keefe’s death.

    Read is also charged with drunk driving manslaughter and leaving the scene of personal injury and death.

    Judge Beverly Cannone declared mistrial in Read’s first case in July after the jury was unable to reach a verdict.

    Prosecutors with the Norfolk County District Attorney’s Office announced their intention to retry the case shortly after a mistrial was declared, and Cannone has a second trial was scheduled to begin on January 27, 2025.

    Following the mistrial, Read’s defense attorneys motions presented sought to dismiss two charges in the case and said the jury had unanimously agreed that Read was not guilty of second-degree murder and leaving the scene of an accident involving injury or death.

    Prosecutors argued that there was no verdict that acquitted Read, so retrying Read does not involve double jeopardy.

    The defense team had requested court permission to contact jurors about deliberations “for the sole purpose of asking them to confirm the accuracy,” but Cannone said there was no justification for bringing in the jurors to question them about their deliberations since they did not reach a verdict.

    The American Civil Liberties Union of Massachusetts sided with Read’s defense attorneys and supported the effort to dismiss two of the three charges.

    Sakege
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