Karen Read prosecutor confirms federal investigation of John O'Keefe's death is over
The prosecutor in the Karen Read case said Tuesday that the federal investigation into John O'Keefe's death is over.
Hank Brennan made the announcement during the latest pre-trial hearing Tuesday in Norfolk Superior Court in Dedham, Massachusetts.
Read is accused of hitting and killing her boyfriend, Boston police officer John O'Keefe, with her SUV in January 2022 and leaving him to die in the snow outside a Canton home. Read has pleaded not guilty and accuses multiple people, including law enforcement, of trying to frame her. The high-profile first trial ended last summer with a "starkly divided" hung jury.
Federal investigation officially over
While arguing for a gag order for the defense Tuesday, Brennan confirmed a WBZ-TV report from last week, saying the federal probe into O'Keefe's death has ended.
"There is no longer any federal investigation into the investigation of John O'Keefe's death or any related matters. It is closed. It is over," Brennan told the court.
A short time later, Canton Police Chief Helena Rafferty released a brief statement.
"I recently spoke to and was informed by the U.S. Attorney's Office, that ALL ASPECTS of the federal investigation, initiated by her predecessor and related to the death of John O'Keefe, have been completed. The investigation is no longer active and will be closed. Due to ethical limitations, I cannot comment further," Rafferty said.
WBZ reached out to the U.S. Attorney's Office again Tuesday to confirm or deny news about the federal investigation. Investigators replied once again in an email saying, "We have no comment."
Brennan said he was notified on Feb. 19 the federal investigation is over, and one week later he notified the defense. "Brennan called me to inform me of that," defense attorney David Yannetti said.
Karen Read on federal investigation
Outside court, Karen Read cast doubt on the news the federal investigation is over.
"If I take him at his word that would be a very dangerous endeavor of mine," Read said. "I have seen a letter from the U.S. Attorney's Office from one month ago and it said it was ongoing."
Read said the last time she got information from the federal authorities was in the letter.
"I have no idea. It's a fortress and all I know is the letter from Jan. 30," Read said.
Gag order request
Brennan asked Judge Beverly Cannone Tuesday to impose sanctions on the defense and to put any future defense motions under seal until it is determined that there is no protected material, and to essentially halt the defense's current media strategy of open interviews.
A short time later, David Yannetti argued on behalf of the defense. Cannone did not issue a ruling on the matter.
Karen Read hearing agenda
The case was last in court on February 25 for the continuation of a hearing that was suddenly halted a week earlier. Judge Cannone said she had "grave concern" over what the prosecution alleged was improper communications between the defense and witnesses Daniel Wolfe and Andrew Rentschler, who work as crash reconstructionist experts for ARCCA.
Wolfe and Rentschler testified during the first trial that based on their testing, O'Keefe's injuries were not consistent with being hit by a car. Both were hired by the federal government as part of the U.S. Attorney's investigation into the handling of the case. But the prosecution raised concerns that Wolfe and Rentschler had been paid by Read's defense and were not impartial as Read's attorneys said.
On Tuesday, Cannone asked defense attorney Robert Alessi why the payment record and invoice were not presented to her at the same time. Alessi says he was unaware that Wolfe and Rentschler were paid until Sunday, February 16, days before it was introduced in court.
Cannone responded by telling Read's defense team, "What you all know is one and the same." The motion was unresolved as of Tuesday afternoon.
After hearing those arguments, Cannone also heard motions relating to the exclusion of testimony from two Commonwealth experts - dog bite expert Dr. James Crosby and ground hardness expert Robert Gilman.
The defense argued that Crosby is not a medical doctor and should be excluded as "he is plainly not qualified." Alessi said that Gilman is a meteorologist, and "that's not what meteorologists do." Both of those motions also remain unresolved.
Karen Read in federal court
The Read case will move to federal court Wednesday where her attorneys will appeal the Supreme Judicial Court of Massachusetts's decision to deny her earlier appeal to have some of the charges against her thrown out.
Once that hearing is finished, attorneys for both sides will return to Dedham for a hearing on several other motions in the case before the trial is due to start next month.
There are also four undecided motions that are not on the schedule for Wednesday: excluding ARCCA witnesses and alleged defense misconduct, excluding the Commonwealth's dog bite expert Dr. Crosby and ground hardness expert Gilman, and finally, the Commonwealth's motion to put sanctions on the defense.
Karen Read's motion to dismiss
Last Thursday, Read's attorneys filed a motion to dismiss the entire case, citing "extraordinary governmental misconduct."
A heavily redacted 147-page version of the motion was released to the public. It includes allegations of intentional video manipulation, withholding of critical evidence, not disclosing meetings with witnesses and jury interference.
No decision has been made on the motion.
Who is Karen Read?
Read, 45, has pleaded not guilty to charges of second-degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene of personal injury and death.
Her second trial is scheduled to begin on April 1.
