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Attorneys representing Karen Read are seeking to postpone a wrongful death lawsuit filed against her until after her upcoming criminal trial. This argument was presented before Judge William White, Jr. during a hearing at the Plymouth Superior Court in Brockton.
Delaying Proceedings
The legal team for Read, distinct from those handling her criminal defense, contends that advancing the wrongful death case could infringe on her Fifth Amendment rights, which protect against self-incrimination. They have requested a stay on the proceedings until the conclusion of her criminal trial.
The attorneys argue that if Read is compelled to provide testimony or answer inquiries in the civil case, it could potentially implicate her in the ongoing criminal matter. The burdens of proof differ significantly between the two legal contexts; a criminal trial requires evidence beyond a reasonable doubt, whereas a civil trial operates on the standard of preponderance of evidence, meaning it only needs to be demonstrated that it is more likely than not that Read was responsible for the death of John O’Keefe.
During the hearing, Read’s attorney, William Keville, emphasized the seriousness of the criminal charges she faces. He noted that if she opts to assert her Fifth Amendment rights in the civil case, she would be relinquishing her chance to mount a defense. He highlighted the potential repercussions, indicating that statements made in the civil proceedings could later be leveraged against her in the criminal trial.
Contention Over Legal Tactics
Marc Diller, representing O’Keefe’s family, criticized Read for allegedly exploiting the Fifth Amendment for her benefit. “Karen Read is overtly weaponizing the Fifth Amendment to her advantage,” Diller asserted. He referenced her prior media engagements, including an extensive interview with Vanity Fair and a Netflix documentary in production, as inconsistent with her claims of needing to remain silent legally.
Diller also drew attention to a fundraising raffle being conducted by Read’s team, raising questions about her attempts to manage public perception while simultaneously invoking legal protections. “This is totally unprecedented,” he remarked, contending that Read cannot hide behind her rights in court while being active in public discourse.
Attorneys for CF McCarthy’s and the Waterfall Bar & Grille, both implicated in the wrongful death lawsuit as co-defendants, also requested a delay. They noted the logistical complications that could arise in coordinating witness testimonies due to the overlap between the civil and criminal trials. The bars are accused of having overserved Read the night O’Keefe died in January 2022.
Judge White stated that he would take the request under advisement and provide a written ruling at a later date.
The wrongful death lawsuit was initiated by O’Keefe’s family in the summer of 2024, following a mistrial in Read’s first criminal case. Her next criminal trial is slated for January 27, 2025, in Norfolk Superior Court. Additionally, her criminal defense attorneys are scheduled to present arguments at the Massachusetts Supreme Judicial Court on November 6 regarding the dismissal of two charges against her based on jury polling conducted after the initial trial.
Background on Karen Read
At 44 years old, Read faces serious charges including second-degree murder, leaving the scene of an accident, and manslaughter related to the death of her boyfriend, Boston Police Officer John O’Keefe. Prosecutors allege that she struck him with her SUV following a night of drinking, subsequently abandoning him as he succumbed to exposure in a snowstorm.
Contrarily, Read’s legal counsel claims that she has been wrongfully accused, suggesting that O’Keefe was murdered at a different location and that his body was moved outside post-mortem.
Source
www.cbsnews.com