Karen Read

Judge limits Karen Read's third-party defense strategy, placing 1 off-limits

There's "insufficient evidence that Colin Albert had the motive, intent, and opportunity to commit the crime," Judge Beverly Cannone said, and "barely sufficient" evidence that it could have been Brian Albert or Brian Higgins

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The retrial against Karen Read begins with jury selection Tuesday.

At her upcoming retrial, Karen Read's defense team will be able to point the blame for John O'Keefe's death, for which she's been charged with murder, at only two of three three other people they've suggested were responsible.

Norfolk Superior Court Judge Beverly Cannone ruled Monday that the team has offered "insufficient evidence that Colin Albert had the motive, intent, and opportunity to commit the crime."

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Judge limits third-party culprit defense strategy in Karen Read retrial
Jury selection gets underway Tuesday in Karen Read's second trial, and while her defense will be able to suggest Brian Albert or Brian Higgins is responsible for John O'Keefe's death, the judge ruled there was "insufficient evidence that Colin Albert had the motive, intent, and opportunity to commit the crime."

While she will allow the defense to suggest Brian Albert (Colin's uncle) and Brian Higgins are the real killers as evidence presented in the trial allows, she called their evidence "barely sufficient."

All three men testified at Read's first trial last year, and all three were named on lists of prospective witnesses submitted by the prosecution and the defense ahead of the retrial.

"It is the defendant who wants to put them there and responsible for the death of John O'Keefe," said NBC10 Boston legal analyst Michael Coyne.

The defense won't be able to refer to Higgins or Brian Albert in their opening statement — the same restriction was in place for all potential third-party culprits in the first trial.

Read the ruling here:

Read more about the people involved in the Karen Read investigation here.

The retrial begins April 1, with jury selection.

Karen Read retrial begins Tuesday: What to know
The Karen Read retrial begins Tuesday with jury selection. Here's what you need to know before things get underway. Follow NBC10 Boston: https://instagram.com/nbc10boston https://tiktok.com/@nbc10boston https://facebook.com/NBC10Boston https://twitter.com/NBC10Boston https://bsky.app/profile/nbcboston.com
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