Karen Read gets partial win in wrongful death case. What a judge ruled

PLYMOUTH ‒ A superior court judge stayed parts of the wrongful death lawsuit brought against Karen Read by the estate of John O'Keefe and its representative John's brother, Paul O'Keefe. Read is charged with second-degree murder in relation to John O'Keefe's death in January 2022.

Read's counsel filed motioned to stay the civil case until the criminal case is resolved, arguing that parallel civil and criminal proceedings could undermine Read's Fifth Amendment protection against self-incrimination.

Judge William White Jr. ordered a stay of Read's scheduled deposition in the civil case and any other discovery directly related to her. Other discovery proceedings will continue without pause, according to the ruling.

In making the decision, White balanced the competing interest of "timely adjudication of a civil wrong" and "potential harm to the defendant from being compelled to choose between defending herself in the civil action and protecting herself from criminal prosecution," he wrote.

Counsel for O'Keefe's estate argued against the stay on the grounds that delay would cause "degradation of evidence" and the fading memories or future unavailability of witnesses.

White's order downplays those concerns.

"Given the extensive investigation into O’Keefe’s death and the completed first prosecution, the risk that evidence will be unpreserved and witness memories will fade does not appear to be substantial," the judge wrote.

O'Keefe's estate also argued that Read's media appearances could poison the jury pool, while also contradicting her professed concern with self-incrimination.

White rejected these arguments.

"As distasteful as Read’s media campaign may be to the plaintiffs, her (media appearances) about the criminal case do not constitute a waiver of her right against self-incrimination," he wrote.

The wrongful death suit also names two Canton bars, C.F. McCarthy's and the Waterfall Bar and Grill as defendants. According to the plaintiff, Read drank to excess at both bars before later hitting O'Keefe with her SUV and leaving him unconscious and exposed during a blizzard.

Karen Read charged with second-degree murder

Karen Read was charged with second-degree murder after the body of O'Keefe, a Boston police officer and Braintree native, was found in the driveway outside the Canton home of a fellow Boston police officer Jan. 29, 2022, during a snowstorm. Prosecutors say Read was drunk and angry when she purposely hit him after a night of drinking at C.F. McCarthy's and the Waterfall.

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

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

Prosecutors called more than 65 witnesses in testimony that started April 29.

The defense's list of witnesses was much shorter and included a plow driver who said he did not see anything on the lawn in Canton where O'Keefe's body was found.

Read's first trial in O'Keefe's death ended in a mistrial in July. She is scheduled to be retried on Jan. 27, 2024.

Defense lawyers sought to have some charges against Karen Read dropped

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

But prosecutors argued that the defense had the chance to object to the declaration of a mistrial at the time and did not, and the case does not have a verdict.

Judge Beverly Cannone sided with the prosecution and ruled Read can be retried on all charges.

Read's attorneys appealed Cannone's decision to the state Supreme Judicial Court, filing a 37-page petition requesting oral arguments before a single justice. That hearing is scheduled for next month.

Thanks to our subscribers, who help make this coverage possible. If you are not a subscriber, please consider supporting quality local journalism with a Patriot Ledger subscription. Here is our latest offer.

Reach Peter Blandino at pblandino@patriotledger.com

This article originally appeared on The Patriot Ledger: Judge delays Karen Read's civil case until after 2nd criminal trial