In a case that continues to capture public attention, Karen Read is set to face a retrial in April 2025, accused of second-degree murder and other charges after the fatal collision involving her boyfriend, Boston police officer John O'Keefe, in 2022. Recently, Attorney Brad Bailey was invited by Newsweek to discuss a critical motion filed by the prosecution, which could significantly impact the case’s outcome.
The motion seeks to exclude testimony from the defense’s digital forensics expert, Richard Green, who analyzed data from witness Jennifer McCabe's cellphone during the first trial. McCabe’s Google search — “how long to die in cold” — found hours before O'Keefe’s death is central to the timing of the case.
Attorney Bailey explains that the timing of this search is crucial to both the prosecution’s and the defense’s arguments. If the motion succeeds and the testimony is excluded, it could tip the scale in favor of the prosecution by establishing a timeline that aligns with their theory of the case.
In this blog, we delve into the significance of this motion and what it could mean for the retrial. As Bailey notes, if the judge grants the prosecution’s motion, it could undermine the defense’s position, particularly the theory that O'Keefe was injured inside a residence before being taken outside. However, it’s important to note that not everyone agrees on the potential impact. Boston criminal defense attorney Tracy A. Miner argues that the motion is unlikely to sway the judge, given that the testimony was allowed in the first trial.
The full article in Newsweek dives deeper into the details of this motion and its possible implications for the retrial.
Read the full article here.
Stay informed about the latest updates in this high-profile case, and if you or someone you know needs legal advice or representation, don’t hesitate to contact Attorney Brad Bailey for expert counsel.