The Karen Read Retrial: Navigating Split Verdicts and Jury Instructions

The retrial of Karen Read, charged with the death of Boston police officer John O’Keefe, has once again highlighted the complexities of jury instructions and the potential for split verdicts. This blog post analyzes the recent events in the trial, focusing on the judge’s handling of jury questions regarding split verdicts and the implications for the ongoing deliberations.

During the trial, the jury posed questions to Judge Beverly Cannone regarding the possibility of a split verdict – a scenario where a jury finds a defendant guilty on some charges but not others. This is permissible under Massachusetts law. However, the judge declined to directly answer their inquiries, citing the sensitive nature of jury deliberations and the risk of influencing their decision-making process. Legal experts, including Northeastern University law professor Daniel Medwed and retired Massachusetts Superior Court judge Jack Lu, supported the judge’s caution, emphasizing the delicate balance judges must maintain during deliberations. Professor Medwed noted that jurors are often engaged in an iterative process, and premature intervention could disrupt this.

The issue of split verdicts arose after a mistrial in Read’s first trial. Following the mistrial, jurors revealed they were unaware of their ability to deliver a split verdict, leading to concerns about the clarity of jury instructions. Read’s lawyers argued that this misunderstanding resulted in a de facto split verdict, as jurors reportedly agreed on her innocence regarding two charges but failed to properly record their decision on the verdict slip. This resulted in an appeal to the U.S. Supreme Court, which ultimately declined to hear the case.

In the retrial, the defense again raised concerns about the clarity of the verdict slip, prompting Judge Cannone to provide an amended version to the jury. This amended slip aimed to clarify the options available to the jury regarding the various charges, including manslaughter, operating under the influence (OUI), and leaving the scene of an accident. Despite this amendment, the jury’s deliberations continued, raising questions about the potential for a similar outcome to the first trial.

The case highlights the challenges inherent in ensuring clear and unambiguous jury instructions, particularly in complex cases with multiple charges. The judge’s decision not to directly answer the jury’s questions about split verdicts reflects a cautious approach to maintaining the integrity of the jury’s deliberations. The outcome of the retrial will undoubtedly continue to be scrutinized for its implications on jury instructions and the handling of potential split verdicts in future cases. The parallel case of Harvey Weinstein, where a split verdict was reached, further underscores the increasing prevalence and importance of understanding this legal nuance.

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