While Friday marked a pause in jury selection for the Karen Read murder trial, jurors are still top of mind.
Or, more specifically, the jury box, which is the latest focus of defense attorneys who say the seating for jurors in the courtroom at the Norfolk Superior Court violates their client’s constitutional right to confront witnesses face-to-face because of poor sight lines.
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“The defendant’s right of confrontation is affected, because that’s why we have juries is to determine the credibility of the witnesses, and what the facts are, and if they are not able to do that fully, there is a legitimate argument that that affects her confrontation clause under the sixth amendment,” explained NBC10 Boston legal analyst Michael Coyne.
In a high-profile and controversial case, Read is accused of hitting and killing her boyfriend, Boston Police Officer John O'Keefe, with her SUV in Canton, Massachusetts, in January 2022. Her attorneys say she is being framed in a wide-ranging coverup. NBC10 Boston Political Commentator Sue O'Connell, who has been inside the courtroom for jury selection, noted that Read seems very involved in her defense, frequently consulting with her team during the juror interviews.
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Read’s lawyers have a motion - asking to change the seating so jurors will look directly at witnesses during testimony. They say jurors must be able to see them so they can access their credibility. They’ve even submitted images of defense attorney David Yannetti on the stand, claiming at least six jurors will only see the back of a witness’ head.
"Never have I seen a courtroom in which the jury box is positioned in such a way that a segment of the jury can only see the back of a witness's head while testifying," Yannetti wrote in the motion, comparing the setup to his experiences in numerous other courtrooms in the state.
The defense says it has offered an alternative seating arrangement.
Coyne agreed with the concerns of Read’s lawyers, saying seeing witnesses is important for the jury and lawyers.
“The way that courtroom is set up the lawyers can’t see all the jurors and what you want be able to do as the lawyers is see what’s resonating with jury, what’s their reacting to, what they’re ignoring, ‘cause that helps you shape the balance of your trial.”
The courthouse in Dedham is an older building and seating is already tight. It remains to be seen if the judge will make changes.
Four more jurors are needed before opening statements can get underway. All parties will return to court next week to finish jury selection.
