DEDHAM, MASS. (WHDH) - The judge in the Karen Read murder retrial denied the defense’s motion for another mistrial Tuesday morning.
“The defense moves strongly, vigorously, for a mistrial with prejudice,” said Robert Alessi, defense attorney.
The defense claims that the prosecution’s mention of dog DNA in its cross-examination of the defense’s dog bite expert, Dr. Marie Russell, calls for a mistrial with prejudice.
The defense argued Tuesday that the prosecution called a DNA expert to testify in the original trial, but strategically left that witness out of the retrial.
“The prosecution has to suffer the consequences of its own intentional actions of bringing up that topic,” Alessi said. “What has just happened, is antithetical, abhorrent, to a fair trial.”
The prosecution argued that their mention of DNA was relevant to the dog bite expert on stand, as well as whether dog saliva was present on O’Keefe’s clothing.
Prosecutor Hank Brennan countered that Dr. Russell had been asked about dog DNA in a December pre-trial hearing, so he feels he is on solid ground asking about it now.
“It is not improper, it’s not unconstitutional, it’s not irrelevant, it’s very relevant,” said Brennan.
After listening to both sides’ arguments, Judge Beverly Cannone denied the defense’s motion.
Russell retook the stand Tuesday to answer questions from prosecutors. She is a retired emergency room doctor and a former police officer.
On Monday, she testified Boston police officer John O’Keefe’s arm injuries were consistent with a dog attack — not being hit by a car, as the prosecution claims.
Following Russell, Sergeant Nicholas Barros took the stand. He was at Read’s parent’s home in Dighton when state police seized her Lexus.
Barros said the taillight was damaged, but not entirely broken. He testified he saw only a small piece of red plastic missing.
“The piece was this big, maybe six inches long… maybe three inches [wide],” said Barros.
Read is accused of killing O’Keefe, her boyfriend, by hitting him with her SUV in January 2022. Prosecutors say she left him to die in the snow outside a home in Canton. Her lawyers argue she is being framed in a police coverup.
The first trial ended in a hung jury.
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