Karen Read to go before the state's highest court. What is the Supreme Judicial Court?

BOSTON – Attorneys for Karen Read will ask the state's highest court this week to have two charges, including second-degree murder, dropped following a July mistrial.

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

But prosecutors say 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.

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

Justice Elizabeth Dewar ruled in September to have Read's appeal heard by the full panel of the Massachusetts Supreme Judicial Court. 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?

The Supreme Judicial Court is the state's highest appellate court. The full bench hears appeals on a broad range of criminal and civil cases and issues written opinions. Single justices hear certain motions and other cases, such as bail reviews, bar discipline and petitions for admission to the bar.

The full bench renders approximately 200 written decisions each year, and the single justices decide a total of approximately 600 cases annually.

The Supreme Judicial Court also supervises the judiciary and the bar, makes or approves rules for court operations and gives 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 innocent or guilty?

The Massachusetts Supreme Judicial Court does not hold trials of cases. It will not making a ruling on the innocence or guilt of Karen Read, but on will rule on the appealed process of the trial. There is no jury. No witnesses go 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 approval from the eight members of the governor's council.

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

The court is currently made up by 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 Jan. 29, 2022, during a snowstorm. Prosecutors say Read was drunk and angry when she purposely hit him.

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.

Judge Beverly Cannone declared a mistrial in Read's first case in July after the jury could not reach a verdict.

Prosecutors from the Norfolk County District Attorney's office announced their intention to retry the case soon after the mistrial was declared, and Cannone has scheduled a second trial to begin Jan. 27, 2025.

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.

Prosecutors argued that there was no verdict acquitting Read, so retrying Read is not double jeopardy.

The defense team had sought court permission to contact jurors about the deliberations "for the sole purpose of asking them to affirm the accuracy," but Cannone said there no justification for bringing jurors in to question them about their deliberations since they didn't reach a verdict.

The American Civil Liberties Union of Massachusetts has sided with Read's defense attorneys, supporting the effort to dismiss two of the three charges.

This article originally appeared on The Patriot Ledger: What is the Massachusetts Supreme Judicial Court?