DEDHAM, MASS. (WHDH) - Less than a day from the start of jury selection in Karen Read’s retrial, Judge Beverly Cannone decided that Read’s lawyers can only argue part of their “third-party culprit” defense.
The judge ruled that Read may try to develop a third-party culprit defense when it comes to Brian Albert, who owned the home where John O’Keefe died, and his friend Brian Higgins, who had carried on a flirtatious relationship with the defendant.
She found the defense’s argument “barely sufficient,” but will allow evidence that they could be to blame for O’Keefe’s death.
But, there will be no such evidence regarding Albert’s nephew Colin.
She states she sees “no additional evidence than that presented at the first trial, and it is insufficient to support a preliminary finding that Colin Albert had the motive, intent, and opportunity to commit the crime.”
The jury in the first trial heard evidence about Colin making threats when he was a teen and being in a feud with O’Keefe over beer cans thrown on his lawn.
Colin testified last year that he and O’Keefe got along just fine.
“I’d drive by every now and then,” said Colin. “He’d be outside, I’d wave, he’d wave back. That’s pretty much it.”
Jury selection in the retrial also begins on Tuesday, with the court releasing the questionnaire all prospective jurors will have to answer to.
About 150 Norfolk County residents are expected to show up to the courthouse.
7NEWS legal analyst Tom Hoopes commented on jury selection.
“In these cases, you don’t get the jury you want,” said Hoopes. “What you’re trying to do is get rid of the jurors you don’t want.”
Jury members will also be asked whether they or someone close to them have been involved in a drunk driving accident.
Ahead of selection, the prosecution is also asking to what extent they’ll be able to research prospective jurors. They will have access to the names, and would look to see if any would have potential bias one way or another if allowed to research them.
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