DEDHAM, MASS. (WHDH) - Lawyers for Karen Read filed new paperwork in court Wednesday to support a previous argument to dismiss two of the three charges against their client. 

In an affidavit, attorney Alan Jackson said he spoke with a fourth juror who said the jury agreed to a not guilty verdict on the charge of second degree murder and leaving the scene of a crash causing personal injury or death, while remaining split on the charge of manslaughter while driving drunk. 

“[The juror] told me that he/she decided to reach out to me because he/she was ‘uncomfortable’ with how the trial ended,” Jackson said. “He/she said that the last day of the trial was a ‘whirlwind’ and everything happened fast.”

Read was charged after prosecutors said she hit her boyfriend, Boston Police Officer John O’Keefe with her SUV and left him to die outside the Canton home of Brian and Nicole Albert in January 2022. 

Her defense claimed she was framed, saying O’Keefe actually died after a fight inside the Albert home. 

Read’s trial got underway in late April and ended in a mistrial on July 1 after five days of jury deliberations. 

In a final note to Judge Beverly Cannone, the jury said it was deadlocked, saying “To continue to deliberate would be futile.”

The Norfolk County District Attorney’s Office quickly promised to re-try Read.

After themselves vowing to keep fighting, Jackson and fellow defense attorney David Yannetti first moved to dismiss charges on Monday. In their filing, the pair said they spoke directly with one juror and indirectly with two others who shared the same story about unanimous agreement on the second degree murder and leaving the scene of a crash charges. 

In his supplemental filing on Wednesday, Jackson said a fourth juror contacted him and said the last day of deliberations were “confusing.”

“He/she recounted that his/her perspective was that the jury was brought into the courtroom, the note was read, the mistrial was declared, and the jury was then rushed out of the courtroom,” Jackson said.

Jackson said the juror told him the panel discussed telling Cannone they had reached a not guilty verdict on two counts. 

“But they were not sure if they were allowed to say so,” Jackson said.

“The jury believed they were compelled to come to a resolution on all counts before they could or should report verdict on any of the counts,” he added. 

When they told the court they were deadlocked, Jackson said, jurors thought they would get “further instruction about the remaining (decided) counts thereafter.” 

Jackson said the juror he spoke with said they were “confused and upset that such further instruction never came.”

While being taken away from Norfolk Superior Court in a bus, Jackson said, the juror said many other jurors “appeared uncomfortable with how things ended, wondering ‘Is anyone going to know that we acquitted [Karen Read]?”

The defense has argued Cannone should have polled the jury about the individual charges, which could have yielded a verdict on some charges while resulting in a mistrial on another charge. 

While the defense could have directly asked Cannone to poll the jury during deliberations, 7NEWS legal analyst Tom Hoopes said “It’s conceivable that the defense didn’t want to ask.” 

“The foreperson’s note was pretty clear, which was that they were deadlocked,” he said. 

Still, Hoopes said “You can’t blame it on the judge if you stayed silent. And you have an obligation as an attorney to make the request.” 

“So, blaming it on the judge, I don’t think is going to go very far,” Hoopes continued. 

Under Massachusetts law, Hoopes said, Cannone had discretion in this situation and was under no obligation to poll the jury or take a partial verdict.

While Cannone considers the defense’s new motion, Read is due back in court on July 22. 

Cannone could comment on the motion on July 22. She could also set a new trial date at that time. 

The Norfolk DA’s office had not responded to the defense’s motion as of Wednesday afternoon.

(Copyright (c) 2024 Sunbeam Television. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Join our Newsletter for the latest news right to your inbox