Karen Learn asks Supreme Court docket to stop retrial for homicide

[ad_1] Karen Learn has filed an emergency petition with the Supreme Court docket in search of a direct keep of her retrial -- which has begun jury choice -- pending evaluate by the excessive court docket on her claims of constitutional violation.

"Learn’s Petition contends that her scheduled retrial on two of the three counts pending towards her, together with a cost of second-degree homicide, will violate the Double Jeopardy Clause as a result of the jury in her first trial reached a closing and unanimous, however unannounced, determination that she will not be responsible of these costs."

Learn is accused of killing her boyfriend, Boston police officer John O'Keefe, in January 2022. Prosecutors alleged Learn hit O'Keefe together with her automobile and left him to die as Boston was hit with a serious blizzard. Learn has denied the allegations and maintained her innocence.

<img alt="PHOTO: Karen Read talks with one of her lawyers inside Norfolk Superior Court during the second week of her trial, April 7, 2025 in Dedham, Mass. (Suzanne Kreiter/The Boston Globe via AP)" loading="lazy" width="960" height="540" decoding="async" data-nimg="1" class="rounded-lg" style="color:transparent" src="https://s.yimg.com/ny/api/res/1.2/2h4KZxBXecZjgituS.aR4Q--/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTU0MA--/https://media.zenfs.com/en/us.abcnews.go.com/c0f78e40e43f44b7a8569c6b51cbbcfb"/> PHOTO: Karen Learn talks with one in every of her legal professionals inside Norfolk Superior Court docket throughout the second week of her trial, April 7, 2025 in Dedham, Mass. (Suzanne Kreiter/The Boston Globe through AP)

She was charged with first-degree homicide, manslaughter whereas working a motorized vehicle beneath the affect and leaving the scene of a deadly accident. She pleaded not responsible.

Learn's first trial resulted in a mistrial final July after the jury deadlocked following 5 days of deliberations.

"Regardless of our rigorous efforts we discover ourselves at an deadlock," Decide Beverly Cannone mentioned, studying a observe from the jury. "The deep division will not be as a consequence of lack of consideration however to a extreme adherence to our private beliefs and ethical compasses. To proceed to deliberate could be futile."

MORE: Karen Learn, alleged to have killed police officer boyfriend, retrial set to start after earlier mistrial

In response, Cannone acknowledged, "Your service is full. I'm declaring a mistrial."

Learn's attorneys have requested a number of appeals courts -- and now the Supreme Court docket -- to dismiss the costs of second-degree homicide and leaving the scene of a deadly accident within the retrial. They argued in court docket filings that retrying her on the costs would violate double jeopardy protections as a result of, primarily based on subsequent statements from 4 jurors, the jury had reached a unanimous determination to acquit Learn on the costs.

All of these requests have been rejected by judges.

The case has drawn nationwide consideration. "A Physique within the Snow: The Trial of Karen Learn," a documentary concerning the case, premiered final month on Netflix.

There is no timetable for the Supreme Court docket to rule on the emergency petition.

"Petitioner respectfully urges the Court docket to remain jury choice or, alternatively, the swearing of the jury on this matter till this Court docket has dominated on Learn’s Petition," the legal professionals wrote in her submitting.

Jury choice has been sluggish going. The method was anticipated to take weeks. On Monday, no new jurors have been added after bringing in 45 candidates. Ten jurors have been seated on the primary week of jury choice, which began per week in the past.