Prosecutors are seeking key records that could shape what evidence is presented at Karen Read's upcoming retrial.
Read is accused of hitting her boyfriend John O'Keefe, who worked as a Boston police officer for 16 years, with her car and leaving him to die in 2022. She is facing charges of second-degree murder, vehicular manslaughter while intoxicated and leaving the scene of a collision resulting in death.
Norfolk Superior Court Judge Beverly Cannone heard arguments from the prosecution and defense on several motions on Tuesday.
Prosecutors said they are requesting the phone records of Karen Read's father, William Read, because she called him around 1:30 a.m.
"The inference that a 40-something-year-old woman is calling parents at 1:30 in the morning after this tumultuous event, the inference is strong evidence that Ms. Read knew she had done something terrible," special prosecutor Hank Brennan said. "She knew she had struck John O'Keefe, and she knew that she had left him behind."
The records the prosecution seeks are private subscriber information: all call records, call detail records, text messages and data use records from January 29 and January 30, 2022; and all call detail records from December 30, 2021, to January 30, 2022. The defense said the prosecution already has records of Karen's correspondence with her parents because they have possession of her cell phone and Verizon records.
"The commonwealth is asking this court to sanction this gross invasion of her father's privacy so the commonwealth can sift through Mr. Read's electronic data for information that is already in the possession of the commonwealth," defense attorney Elizabeth Little said.
Brennan said the call was not included in the records obtained by prosecutors.
Prosecutors refuted the argument by stating that the phone records would help clear up any "confusion or uncertainty" during the trial.
"We're being diligent, we're being studious and we're going to be prepared, and these records will help us do that," Brennan said.
Cannone took the matter under advisement.
The prosecution also filed a motion to obtain unredacted audio recordings, notes and texts between Karen and a reporter from a series of interviews with Boston Magazine.
Brennan pointed out that there is no reporter privilege in Massachusetts. He said the audio obtained by the prosecution from one of the interviews is over 75 percent redacted.
"What has happened in this interview is that we have three attorneys, a defendant and a reporter having a free reign of interview and then later deciding what parts of the interview they want the public to hear, what parts of the interview they want the Commonwealth to have possession of," Brennan said.
Robert Bersche, a lawyer for the reporter, said his client has been harassed since the publication of her article and fears she will be harassed further if she releases the materials the prosecution is seeking. He previously appeared before the court for a similar motion.
"The commonwealth has simply made no persuasive showing as to why the decision should be any different now," Bertsche said.
Cannone took the matter under advisement.
Brennan also presented arguments on motions related to television interviews in which Karen and William participated.
"The defendant's father has, as he's entitled to, utilized media to try to sell a story to help his daughter," Brennan said. "And during that airing, it is clear and obvious that not the entire conversation with William Read has been provided during these stories."
He said in Read's interview with ABC, she made several statements that "don't reconcile" with other statements she has made. He said prosecutors have issued a subpoena to a local registered agent for ABC seeking the uncut interview footage.
The next hearing in the case is scheduled for December 12.
Read's first trial started on April 16. The judge declared a mistrial on July 1 after the jury stated it was deadlocked on the fifth day of deliberations.
The prosecution and defense filed a joint motion to change the start date of the retrial to April 1 of next year. Cannone has not ruled on the motion yet. The trial is currently scheduled to start on January 27.
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