Karen Learn appeared in court docket Wednesday as attorneys from either side of the aisle requested her re-trial for the alleged homicide of her cop boyfriend be delayed till April — with prosecutors arguing they supposed to “considerably” cut back the variety of witnesses on this go-around.
“It is going to enable me after I consider this case, which I’m nonetheless within the means of doing, of lowering the witness listing considerably,” Particular Prosecutor Hank Brennan — whose earlier purchasers embrace Boston mobster Whitey Bulger — informed the court docket throughout his delay arguments, the Boston Globe reported.
Learn’s first trial over the 2022 dying of Boston cop John O’Keefe dragged on for a grueling two months, with 74 witnesses being known as for intensive rounds of cross-examination. Brennan, who was assigned to the case in September, mentioned extra time would additionally enable him to raised put together to maintain the trial fast and environment friendly.
“I’m new to the case. I’m not on the lookout for a private lodging, however I feel the thought of a movement to proceed, a joint request, is within the curiosity not solely of justice however I feel — inevitably — I actually imagine it will have a extra environment friendly and efficient trial,” he mentioned, in response to WCVB.
Learn’s first trial ended with a gridlocked jury and mistrial in July, with the brand new trial at present slated for January. Her legal professional agreed with the prosecutors’ delay movement, explaining they’d additionally like till April to asses new evaluation of proof.
Learn confirmed as much as court docket Wednesday along with her ordinary model, sporting a plaid knit costume from Idea price about $400 as she sat by attentively whereas the attorneys argued their sides.
Choose Beverly Cannone didn’t decide on the delay motions, however scheduled two new hearings for Nov. 26 and Dec. 12.
The subsequent November listening to will focus on prosecution requests for telephone data — whereas the December listening to will deal with the prospect of one other look of a canine chunk knowledgeable who beforehand testified that O’Keefe appeared to have been mauled by a canine previous to his dying.
That story was central to the protection’s clarification of the occasions that led to O’Keefe’s dying on Jan. 29, 2022. They argued that the Boston cop wasn’t killed by Learn — however relatively was crushed to dying by his cop buddies throughout some form of drunken brawl, then left within the snow with Learn being scapegoated because the killer.
Choose Cannon additionally dominated in favor of permitting a brand new knowledgeable for the prosecution to check knowledge from Karen Learn’s SUV — which the state argued she used to run down O’Keefe, leaving him to die in a snowbank — whereas permitting the protection 5 days to search out their very own knowledgeable to guage the proof.
Learn can be holding out hope that she may keep away from a second homicide trial altogether, as Massachusetts’ Supreme Judicial Courtroom remains to be ruling on a request to throw out expenses of homicide and leaving the scene of an accident.
Her attorneys mentioned quite a few jurors got here ahead to say they’d unanimously cleared her of these expenses and had solely been unable to achieve a call on manslaughter — however that they misunderstood the court docket process, and a mistrial was known as earlier than they may clarify their place.
Choose Cannone beforehand denied that movement.
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