Karen Read's Retrial Heats Up: K-9s, Cameras, and Constitutional Rights

Apr 17, 11:00 AM

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Karen Read's Retrial Heats Up: K-9s, Cameras, and Constitutional Rights

So, here's where things got spicy: the judge agreed that Aidan Kearney—aka Turtleboy—has a valid basis to plead the Fifth Amendment in this case. That right there is the kind of courtroom moment that makes legal dramas look tame. Prosecutor Hank Brennan even conceded it. Kearney’s attorney, Timothy Bradl, said flat out that if called, Kearney would plead the Fifth, and the judge is letting him stay in the courtroom unless witnesses tied to his own witness intimidation case are on the stand. That’s where we ended for the day: “We’re all set until Tuesday.”

But let’s rewind a bit and walk through what led up to that mic-drop moment. The judge kicked things off with the defense’s renewed request for a forensic copy of video footage from inside the Canton Police Department’s garage. That’s been denied before, but defense attorney Elizabeth Little said they've now got expert testimony swearing there's still relevant metadata that could be extracted. Special prosecutor Hank Brennan, on the other hand, basically said, “Sure, come download whatever we’ve got,” but drew the line at handing over a full image of the department’s detective file since it includes unrelated case material. The judge didn’t make a ruling on that one—so, still in limbo.

Then there’s the canine controversy. Brennan’s not thrilled with the defense’s dog expert, Garrett Wing. He said Wing has no formal certifications and has never testified in court. But Robert Alessi fired back, saying Wing is a leading national expert on law enforcement K-9s. Wing might not have the standard paperwork, but apparently, the guy’s resume still carries weight. Meanwhile, Judge Cannone is standing firm on allowing Dr. Crosby—an expert for the prosecution—to testify, but she doesn’t believe Crosby can definitively say the marks on John O’Keefe’s arms came from Chloe, the German Shepherd allegedly involved.

Brennan tried to argue those bite marks don’t line up with Chloe’s mouth dimensions, but the judge called that an “uphill battle.” Not the kind of response a prosecutor wants to hear going into opening statements.

Then came the courtroom theater debate. Brennan wants to use an “independent reader” to read aloud some of Read’s text messages during trial—maybe a plain-clothed officer or another neutral voice. Defense attorney Alan Jackson wasn’t exactly sold, saying he needs more info before agreeing. Judge Cannone didn’t love the idea either, warning it could turn into a theatrical presentation that doesn’t belong in a courtroom. You know, courtroom not Broadway.

There’s also the ongoing tug-of-war over the ARCCA witnesses—the experts hired by the feds who testified in the first trial that O’Keefe likely wasn’t hit by a car. Brennan wants a full breakdown of these experts’ relationship with the defense since the defense ended up paying them after the mistrial. He’s pushing for a pre-testimony hearing, accusing the defense of setting up a potential “trial by ambush” with possible late-arriving evidence.

Jackson responded by saying ARCCA hasn’t done any new testing—yet. But he admits the defense gave ARCCA new info as recently as March 25 and expects more updates soon. The judge still seems fuzzy on which expert did what, but Jackson insists they’re not hiding anything.

Speaking of evidence wars, both sides agreed to allow an alternative DNA analyst for the prosecution, and the judge asked for previews of the props each side plans to use in opening statements. The prosecution is bringing video clips. The defense? Just one photo.

Back to the courtroom logistics—Judge Cannone wants the jury’s scene view to go smoothly. Read will likely travel separately with her attorneys, but at least one defense attorney has to be on the juror bus to match the prosecution’s presence. Cannone also expanded the buffer zone outside the courthouse after complaints from the first trial's jurors about noisy demonstrators. Apparently, the yelling and chanting could be heard during deliberations. Nothing like public protests to set the mood for life-or-death legal decisions.

Now for the bigger legal chessboard. Read’s team is making a Hail Mary pass to the Supreme Court, asking it to throw out two of the three charges, including second-degree murder, claiming the original jury actually acquitted her on those. Justice Ketanji Brown Jackson already denied the request for an emergency pause on the retrial, but the full Supreme Court will consider the appeal on April 25. It only takes four of nine justices to hear it—but that’s rare air.

So far, Read’s retrial team includes five lawyers, one of whom—Victoria George—was an alternate juror in the original trial. Yeah, that’s some wild trivia.

Opening statements are scheduled for April 22, and the new jury—nine women, nine men—will have plenty to chew on. The prosecution plans to lean heavily on Read’s own words from her many interviews. Meanwhile, the defense continues to allege a cover-up involving law enforcement, claiming O’Keefe was beaten inside the house, bitten by a dog, and left outside—not struck by Read’s car.

And sitting in the gallery this week? Just some cousins and friends of John O’Keefe. His brother and parents weren’t there for this round.

#KarenRead #JohnOKeefe #TrueCrime #CourtroomDrama

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