Recap: Karen Read returns to court, defense seeks to delay start of second trial

Tuesday's motion hearing in the Read case has concluded.

Our team will have a recap on what happened at 7 p.m. — watch Canton Confidential on-air, online and on all of our streaming platforms.

The Read defense has filed a motion to continue the April 1 start date of her retrial.

Her attorneys want the trial pushed back because of an appeal they've filed in response to a federal judge's decision not to throw out two of Read's charges on grounds of double jeopardy.

Jackson said it's important that the appeal decision comes down before the start of the trial, because if the circuit court sides with the defense, charges one and three could be dropped.

The Commonwealth is against moving the trial back.

Jackson was unable to offer a timeline of when the decision may come down.

The defense is trying to have blood alcohol testing done on Read at Good Samaritan Hospital the morning O'Keefe was found dead thrown out.

They say the Commonwealth has not demonstrated that the testing was reliable.

The state argued in favor of the test results being admitted, saying they will have a witness from the hospital able to testify about the protocol.

Defense attorney Alan Jackson is pushing back on testimony from the first trial by witnesses who alleged they were being harassed.

He said that no third party, blogger or member of the public speaks for the defense or was directed by the defense to confront witnesses.

He specifically named Jennifer McCabe, saying that her testimony suggested that actions by a blogger was at the direction of the defense.

Jackson said it can't be helped that community members feel strongly about the case.

He is seeking a clear set of guidelines on when this kind of testimony would be permissible.

Defense attorney Robert Alessi and special prosecutor Hank Brennan are making arguments to Judge Cannone over the qualifications of a neuro expert, Dr. Wolf.

The defense is arguing that the witness is speaking out of his area of expertise when analyzing O'Keefe's injuries and cause of death.

The state says that Wolf is an experienced neuro surgeon who can speak to the injuries that lead to O'Keefe's deaths.

Judge Cannone is allowing the ARCCA witnesses to testify despite her findng.

She has stern words for the defense team, saying, "Candor of the court is essential."

She said she would tolerate no misleading or distortions.

Judge Beverly Cannone says that she has concluded that the defense misrepresented their relationship with the ARCCA witnesses and did so on purpose.

This was the subject of recent hearings ahead of Read's retrial.

The ARCCA witnesses are expert witnesses called on by the defense.

Cannone is seeing the defense, including Read herself, at sidebar as she determines the sanction she will put in place.