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Jury has 1st question in Karen Read murder retrial on verdict watch

Flint McColgan, Boston Herald on

Published in News & Features

DEDHAM, Mass. — The jury in the Karen Read murder retrial has indicated they have a question, their first since.

“What is the time frame for the OUI charge?” the jury’s first question stated as read by Judge Beverly J. Cannone. “Second, are video clips of Karen’s interviews evidence? How should we consider them? And the third, does guilty on a subcharge mean guilty on the overall charge?”

Jurors have deliberated since closing arguments ended on Friday. They deliberated for about 1 hour and 45 minutes that first day, made it to about 9 hours by the end of Monday and had reached nearly 11 hours when they announced they had a question.

Cannone asked attorneys to consult for 20 minutes and then argue for how she should answer these questions.

Retired Superior Court Judge Jack Lu found the questions leaned in favor of the defense. Here’s his breakdown of the three questions.

“Question number 1 is highly defense favorable. Question number 2 is neutral. Question number 3 is defense favorable,” he said.

 

He further said that the answers to each are “black letter law.”

“There is no need for argument. The lawyers are over-trying the case,” he said.

The answer came following the Herald’s question about the third juror question. Lu agreed to the question’s premise that lesser included offenses, which can be found under the OUI manslaughter charge, are only to be considered if the jury does not find Read is guilty of OUI manslaughter but is guilty of a lesser related charge.

Those “lesser included” charges for OUI manslaughter on the verdict slip are Those were involuntary manslaughter, motor vehicle homicide and operating under the influence of liquor.

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