DEDHAM, MASS. (WHDH) - Karen Read was back in court Tuesday, with one week to go before the scheduled start of her retrial.
A number of motions were expected to be discussed in Tuesday’s hearing. A judge denied Read’s request to dismiss charges.
The commonwealth wants to prevent Read’s lawyers from using a third-party culprit defense.
At the start of the hearing, special prosecutor Hank Brennan argued nine witnesses testified in the first trial that victim John O’Keefe never went into the Canton house the night his body was found outside. Brennan says there is no basis for a third-party culprit.
The defense has named three people it says could have been responsible for O’Keefe’s death — Brian Albert, a Boston police officer who owned the Canton home, Brian Albert, who had previous disagreements with O’Keefe, and Brian Higgins, an ATF agent who admitted to having a flirtatious relationship with Read.
All have maintained their innocence, and prosecutors say none of them had the motive or the opportunity.
“There is no evidence Brian Albert had any motive whatsoever to harm John O’Keefe, none,” said Brennan.
“Brian Albert is a violent man,” said David Yannetti. “He was not only a boxer punishing people in the ring, he was a violent drunk that sucker punched other police officers.”
Brennan told the judge the third party culprit defense would be distracting to the jury and unfair to the three men, including Albert.
He and several other witnesses testified he had left the Albert home by the time O’Keefe and Read arrived.
“We should not engage in a process where witnesses, their character is attacked,” said Brennan. “When it has no relationship whatsoever to this crime.”
The new docuseries about Read’s case was also front and center Tuesday, as prosecutors want to look at unedited video from the show. They asked Judge Beverly Cannone to order the producers to turn it over.
Prosecutors also say Read’s interviews entitle them to see her emails and text messages sent to one of her attorneys. They say Read waived her attorney-client privilege by speaking about communications with her lawyer in the docuseries.
“I’m not gonna give you this information, Mr. Brennan,” said Cannone. “…The motion is denied.”
Leaving court, Read told the media she was anxious and ready for the retrial to get started.
Tuesday’s hearing was expected to be the last one before the retrial begins.
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