We have full analysis of the mistrial in the Karen Read case, looking at what we learned from the court proceedings and what’s to come.
Jurors in the Karen Read murder trial sent a note to Judge Beverly Cannone on Friday saying they had been unable to reach a unanimous verdict. The judge ultimately sent them back to continue deliberating, but it all ended in a mistrial when jurors sent the second note of a day declaring they remained at an impasse.
The state has decided to try the case again. Legal experts say they will streamline their line of questioning and get ready to do this all over again.
WATCH ANYTIME FOR FREE
 |
Stream NBC10 Boston news for free, 24/7, wherever you are. |
What could change for a new trial?
Get updates on what's happening in Boston to your inbox. Sign up for our News Headlines newsletter.
The retrial must begin within one year under state law, but lawyers have reason to move it along faster.
“You do want to move while the evidence is fresh and while witnesses memories are intact," explained Northeastern Law professor Daniel Medwed.
In this case, a federal investigation is underway and there is an ongoing probe into the former state police lead investigator Michael Proctor. This means much could change between now and the next trial.
“You know that trooper’s testimony really blew up in the commonwealth’s face," said Suffolk Law professor Rosanna Cavallaro. “If in fact he is suspended or any kind of consequence for his misconduct then that’s going to make it really hard for the commonwealth to decide how to present their case," she continued.
Just hours after the mistrial was declared, Massachusetts State Police announced they were taking action against Proctor.
"Upon learning today's result, the Department took immediate action to relieve Trooper Michael Proctor of duty and formally transfer him out of the Norfolk County District Attorney's Office State Police Detective's Unit," Col. John Mawn, interim superintendent of the Massachusetts State Police, wrote in a statement. "This follows our previous decision to open an internal affairs investigation after information about serious misconduct emerged in testimony at the trial. This investigation is ongoing."
The expense of another trial
“There could be a lot of things that happen in the interim. On the defense side as well because finances are going to pose a problem," NBC10 Boston Legal Analyst Michael Coyne said.
Legal experts say trying a high-profile case like this won't be cheap.
“The first trial was an enormous expense. The next one will probably be just as expensive," Coyne pointed out.
After this trial, can they find an unbiased jury for Karen Read?
The state will also need to find an unbiased jury, which, after the extensive attention the trial received, will prove challenging.
"I think it's going to be hard to find a jury and even harder after a case like this but not impossible," Medwed said.
"I think you're gonna be surprised at just how easy it is to find people who are living their lives, they’re busy they have other things to do," Cavallaro said.
Legal experts say we could learn more from the jury about what happened in their deliberations but only they decide to speak out, which could be putting themselves at risk. Because the case ended in a mistrial, the juror list will not be released.
