Karen Learn could also be tried once more for the loss of life of her boyfriend after the decide declared a mistrial, however homicide costs will not be on the desk … as a result of based on the protection, the vote on the homicide cost was 12 – 0, IN FAVOR OF ACQUITTAL!
Learn’s lawyer, Alan Jackson, has simply filed docs arguing prosecuting Learn for 2nd-degree homicide a second time would quantity to double jeopardy. Shockingly, when the decide declared the mistrial, she did not say something in regards to the jury’s vote on the homicide cost.
We have additionally discovered the jury was unanimous in favor of acquittal on the cost of leaving the scene of an accident the place there was harm or loss of life. The one cost on which the jury was deadlocked was vehicular manslaughter, the place the jury apparently voted 9 – 3 in favor of guilt.
Legal professional Jackson believes the decide had an obligation to tell the protection the jury had reached unanimous verdicts on 2 of the three costs, which might have given them a chance to argue a mistrial mustn’t have been declared. Jackson argues in authorized docs the decide ought to have entered an acquittal on each the homicide cost and the cost of leaving the scene of an accident.
When you’re confused as to how the jury can be unanimous on leaving the scene of an accident but cut up on vehicular manslaughter, all of it has to do with intent. The crime of leaving the scene of an accident the place there’s loss of life or harm requires proof of intent — that the driving force knew somebody was harm or killed. The jury clearly did not consider Learn knew.
Vehicular manslaughter does NOT require proof of intent — all prosecutors should show is reckless conduct. Somebody will be reckless and but not even know they hit somebody. Presumably, even when Jackson wins on the double jeopardy concern, Learn may nonetheless be retried on vehicular manslaughter.
As you already know … KR’s trial got here to an finish after the jury deliberated for 5 days earlier than informing the decide they had been hopelessly divided and could not attain a verdict.
TMZ.com
Prosecutors alleged Learn obtained into an argument along with her boyfriend, police officer John O’Keefe, again in 2022 earlier than putting him along with her SUV and fleeing the scene after an evening of partying with associates. The prosecution additionally painted the couple’s relationship as risky.
Learn’s authorized crew pushed again … claiming she was framed by police. She says she dropped O’Keefe off at a home crammed with cops who had been partying and he was killed inside, however police wanted somebody to take the autumn, and so they focused her.
In response to her protection crew, a combat broke out, and the cops dragged O’Keefe exterior the home and left him to die within the snow.
In the course of the trial, the protection identified one of many important witnesses for the prosecution — a state trooper who helped lead the investigation — despatched sexist and offensive texts about Learn … which doubtless broken the prosecution’s case. The lead investigator was fired simply because the mistrial was declared.
The sentiment in Boston is closely pro-Learn … with demonstrators exhibiting up exterior the courthouse each day to indicate help for her.
Prosecutors stated as quickly as the decision was learn … they are going to retry her. The massive query — retry her for what?
