The case of Karen Read has received significant media attention and divided the community of Canton where the killing took place. Read was accused of second degree murder in the death of her police officer boyfriend John O’ Keefe, but has claimed that she was framed by her boyfriend’s friends. A blogger associated with the story was recently charged with witness intimidation.
Prosecutors allege that Karen Read was drunk and backed up suddenly in a driveway where her boyfriend was visiting friends, running over him with her Lexus SUV and then leaving the scene. Read claims that she left her boyfriend with friends at a house and then woke up later, concerned that he had not arrived home. She says she called friends and searched for him and eventually found him lying in the snow at 34 Fairview Road, Canton where she and friends tried to resuscitate him. Doctors pronounced O’Keefe dead after the paramedics brought him to hospital. Read claims that evidence of O’ Keefe’s injuries are not consistent with the prosecution’s claims that she ran him over and that O’ Keefe died in a fight with a fellow law enforcement officer at the party.
Blogger Aidan Kearny, known as “Turtleboy,” began running regular posts on the story that attracted public attention. Kearney allegedly harassed family members and other witnesses connected to the case leading to the charge of witness intimidation. The defense argued that the eight witnesses Kearney is accused of intimidating are fair subjects of inquiry for journalistic reporting. However special prosecutor Ken Mello said that the First Amendment “is not a license to violate state or federal law and does not confer any special dispensation to journalists…should they violate criminal statutes.” He also noted in a filing that “the Massachusetts law regarding witness intimidation does not require an action to be overtly threatening for it to count as intimidating.”
What is Second Degree Murder?
Karen Read is facing life imprisonment for the charges of second-degree murder, motor vehicle manslaughter while driving impaired, and leaving the scene of an accident causing personal injury and death. The prosecution says it has facts that prove their case, including facts the public are not aware of. These include fragments of Karen Read’s broken tail light found on the body of her boyfriend. However to prove the charge of second degree murder, the prosecution has to prove their case beyond reasonable doubt. Some of the facts presented by the defense team may cast doubt on the charge. Second degree murder is charged when a person acts in a manner that is impulsive and not premeditated but intending to cause harm. Second degree murder in Massachusetts is punishable by life imprisonment with the opportunity for parole after 15 years. Motor vehicle manslaughter while driving impaired is punishable by a mandatory 5 years in prison, up to 20 years in prison and a fine of up to $25,000. Leaving the scene of an accident causing death is punished by a mandatory minimum sentence of 2.5 years up to 10 years in state prison and a fine of up to $5,000.
Does Witness Intimidation Clash with First Amendment Rights?
Witness intimidation in Massachusetts is charged in connection with a number of behaviors including threatening people associated with criminal proceedings, such as judges, jurors, witnesses and prosecutors, causing physical emotional and economic harm, or misleading, intimidating or harassing such persons. Journalism can allow for provocative tactics and commentary but does not allow for threatening or coercive behavior.
The Karen Read case is an example of how some cases may play out in the media creating impacts outside the case. There are many ways this can affect a trial, such as prejudicing a jury. Witnesses may also be influenced by pressure or threats. The right to free speech is protected but harassment is not allowed.
Even if the prosecution has a substantial case against the accused, they have to prove this beyond reasonable doubt. The accused’s story matters and they have the right to use admissible evidence to explain their side of the story in court.
Second degree murder is an extremely serious crime. Witness intimidation is also a serious crime, and it is a felony. You can be punished by going to jail for up to ten years in state prison if convicted of Witness intimidation.
The Karen Read case could conceivably have the unusual result of the accused found not guilty and a bystander charged with a serious crime. Whether Read is found guilty or not, the blogger accused of witness intimidation could face a high price for his involvement in the case.
If you have been charged with a serious crime like second degree murder, you need to retain a Boston Second Degree Murder Defense Attorney who has experience defending serious crimes before a jury. If you are accused of a crime that touches on constitutional rights, or pertains to an ongoing trial, you need to retain the services of a witness intimidation defense attorney who understands the interplay between constitutional rights and the state’s criminal laws. At Dhar Law, LLP, we have defended a wide variety of serious crimes in state and federal courts. We build a strong defense that is tailored to each unique case. Please contact us to learn more about our Boston Criminal Defense services.
