Karen Learn has filed an emergency petition with the Supreme Court docket searching for an instantaneous keep of her retrial — which has begun jury selection — pending evaluate by the excessive court docket on her claims of constitutional violation.
“Learn’s Petition contends that her scheduled retrial on two of the three counts pending towards her, together with a cost of second-degree homicide, will violate the Double Jeopardy Clause as a result of the jury in her first trial reached a last and unanimous, however unannounced, resolution that she just isn’t responsible of these costs.”
Learn is accused of killing her boyfriend, Boston police officer John O’Keefe, in January 2022. Prosecutors alleged Learn hit O’Keefe together with her car and left him to die as Boston was hit with a significant blizzard. Learn has denied the allegations and maintained her innocence.
PHOTO: Karen Learn talks with considered one of her attorneys inside Norfolk Superior Court docket through the second week of her trial, April 7, 2025 in Dedham, Mass. (Suzanne Kreiter/The Boston Globe through AP)
She was charged with first-degree homicide, manslaughter whereas working a motorcar below the affect and leaving the scene of a deadly accident. She pleaded not responsible.
Learn’s first trial ended in a mistrial final July after the jury deadlocked following 5 days of deliberations.
“Regardless of our rigorous efforts we discover ourselves at an deadlock,” Decide Beverly Cannone mentioned, studying a observe from the jury. “The deep division just isn’t resulting from lack of consideration however to a extreme adherence to our private beliefs and ethical compasses. To proceed to deliberate could be futile.”
In response, Cannone said, “Your service is full. I’m declaring a mistrial.”
Learn’s attorneys have requested a number of appeals courts — and now the Supreme Court docket — to dismiss the fees of second-degree homicide and leaving the scene of a deadly accident within the retrial. They argued in court docket filings that retrying her on the fees would violate double jeopardy protections as a result of, based mostly on subsequent statements from 4 jurors, the jury had reached a unanimous resolution to acquit Learn on the fees.
All of these requests have been rejected by judges.
The case has drawn nationwide consideration. “A Physique within the Snow: The Trial of Karen Learn,” a documentary in regards to the case, premiered final month on Netflix.
There is no timetable for the Supreme Court docket to rule on the emergency petition.
“Petitioner respectfully urges the Court docket to remain jury choice or, alternatively, the swearing of the jury on this matter till this Court docket has dominated on Learn’s Petition,” the attorneys wrote in her submitting.
Jury choice has been sluggish going. The method was anticipated to take weeks. On Monday, no new jurors had been added after bringing in 45 candidates. Ten jurors had been seated on the primary week of jury choice, which began per week in the past.
ABC Information’ Meghan Mariani contributed to this report.
Karen Read asks Supreme Court to prevent retrial for murder initially appeared on abcnews.go.com
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