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- Charlie McKenna | cmckenna@masslive.com
Prosecutors in the Karen Read case are asking a judge to prohibit her defense from accusing others of causing the death of Read’s boyfriend, John O’Keefe, in their opening statement.
Read’s defense has for years accused those inside the home where O’Keefe was found of causing his death. In a hearing last month, they pointed specifically to the homeowner, Brian Albert, a fellow Boston Police officer, his nephew, Colin Albert, and a close friend, Brian Higgins, a federal agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
They have also claimed O’Keefe was attacked by Albert’s dog, a German Shepherd named Chloe.
Special prosecutor Hank Brennan is asking Judge Beverly Cannone to prevent Read’s lawyers from claiming in their opening statement that any of O’Keefe’s injuries were “caused by any person or animal that was inside the home at 34 Fairview Road.”
Read’s defense apparently intends to show a photo of the injuries to O’Keefe’s right arm, which they have claimed are consistent with a dog attack, during their opening statement.
Cannone has barred the defense from raising its third-party culprit claims before establishing a basis for the claim supported by evidence introduced during the trial, prosecutors noted in the filing. They are also barred from accusing Colin Albert of killing O’Keefe.
“Any mention of third-party-culprit claims relative to the abrasions would be improper,” Brennan wrote.
Opening statements in the case are scheduled for Tuesday.
The filing gives the first glimpse at Read’s defense’s opening statement, set to be delivered by Alan Jackson at the second trial. Jackson delivered the closing argument at Read’s first trial.
Delivering the opening statement during Read’s first trial, David Yannetti, another attorney for Read, told jurors, “Karen Read was framed.”
Prosecutors have indicated they intend to use Read’s own words against her throughout the trial and in their opening statement. Cannone allowed prosecutors to air a clip of an interview Read gave during their opening.
Read is charged with second-degree murder, manslaughter while operating under the influence and leaving the scene of an accident causing injury or death in connection with O’Keefe’s death.
Prosecutors say she intentionally hit O’Keefe with her SUV outside the Albert home after a night of drinking and left him to die in a snowstorm.
Separately, Read has appealed to the U.S. Supreme Court in a bid to get the charges of murder and leaving the scene dropped on double jeopardy grounds. The nation’s highest court will discuss whether to take up her petition at a conference on April 25.
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