The prosecution and defense in the Karen Read case have filed a flurry of requests weeks before the retrial is set to begin, including motions to exclude key parts of both sides’ arguments.
“The level of intensity of the arguments is different this time,” NBC10 Boston legal analyst Michael Coyne says.
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With the start of the Karen Read murder trial less than three weeks away, the prosecution and defense are busy pulling together their cases and filing motions that could decide the direction of the retrial.
A flurry of what are known as motions in limine has been filed were filed in Norfolk Superior Court this week. They “ask the court for an advance ruling on the admissibility of evidence and the exclusion of evidence,” NBC10 Boston legal analyst Michael Coyne explained.
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Read has pleaded not guilty to hitting and killing her boyfriend John O’Keefe with her SUV after a night of drinking.
One of the defense motions would exclude details of a trip Read and O’Keefe took to Aruba, where Read apparently fought with another woman O’Keefe purportedly kissed. Her lawyers say the story isn’t relevant and would be prejudicial.
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”It does put her in a bad light, but that’s all it really does,” Coyne said. “I’m not really sure that becomes a motive for murder.”
The prosecution is asking the court to prevent the introduction of a third-party culprit defense. Read’s attorneys maintain she was framed and someone else killed her boyfriend, pointing the finger of suspicion at O’Keefe’s friends who gathered at the home in Canton outside of which his body was found.
Although the prosecution says the claims are unsubstantiated, Judge Beverly Cannone did allow third-party defense during in the first trial.
“The level of intensity of the arguments is different this time. For the most part, they’re fighting about the same things,” Coyne said of the defense and prosecution.
Both sides have filed a motion regarding Read’s blood alcohol test. It shows she was over the legal limit, but the defense says the test was done inappropriately and shouldn’t be admitted, as was the case the first time around. Prosecutors disagree.
“I would expect it will come in and I think it’s a significant piece of evidence for the government,” Coyne said.
There are a couple of hearing scheduled for next week to deal with these issues. The trial is still set to begin April 1.
