
The sides in the Karen Read murder trial have one last chance to persuade the jury, but before their closing arguments, we got a sneak peek during important preparations in court. The defense is taking a new strategy on its third-party culprit claims and made some new requests of the judge, while making a somewhat rare request for the jury to consider a lesser charge. The prosecution, meanwhile, insisted the defense experts conflicted. Our experts, including attorney and YouTube analyst Emily D. Baker, dig into how the well-known theories involving the case may or may not come up in closing arguments, what Judge Cannone said about the jury slips and how the final days in court set the stage for deliberations.
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Glenn Jones
Tonight, counting down to closing arguments, both sides are gearing up to tell the jury why its case is the strongest. The Commonwealth's case has been further weakened. The defense witnesses all conflict with each other as the defense is taking a new approach to its third party culprit strategy. The same Brian Higgins whom Karen had ghosted for several days before January 28th. Plus, the defense makes an interesting request on the eve of closings when it wants the judge to instruct the jury about a new verdict option.
Melody Mendez
And I just don't think it's fair after they've sat through so much of this trial with the various delays that we've had to not let them stop.
Glenn Jones
Deliberating when the jury could start weighing the case Canton Confidential. The Karen Reed murder trial starts now. Following eight weeks of calling witnesses, the prosecution and defense are making final preparations for closing arguments. Good evening, I'm Glenn Jones. JC is off tonight. Closings will be the last chance for both sides to get before the jury. The one remaining push to persuade. But before then, we got a sneak peek at what we can expect tomorrow. Our Melanie Mendez has been following it all from Norfolk Superior Court in Denham. No jury today, Mel, but an important day nonetheless.
Melody Mendez
You're exactly right. It was a quieter day here at the courthouse. But here's the thing. It started with this, what you could call a Hail Mary from the defense. Legal experts tell me this is absolutely par for the course. It is routine to see at this point in any trial. Take a look.
Glenn Jones
The SUV did not hit him. John o' Keefe was not hit by the suv. The case is over.
Melody Mendez
David Yanneni motions for a required finding of not guilty. Basically arguing the Commonwealth hasn't met their burden.
Glenn Jones
The question is in what type of murder case would a judge ever allow a motion for required finding of not guilty In a murder case where expert testimony on both sides is that the evidence is inconsistent completely with the Commonwealth's theory of the case. That's exactly what we have here.
Melody Mendez
ADA Adam Lally arguing the other side. Arguments from counsel, the Commonwealth would suggest grossly exaggerates the strength of the defense witnesses in their case.
Glenn Jones
The bias and advocacy exhibited by those.
Melody Mendez
Witnesses from that witness stand do not amount to credible witness testimony that undermined.
Glenn Jones
Commonwealth's case in any way, shape or form.
Melody Mendez
A routine motion by the defense in any trial. Legal experts say to protect their record, their argument if there's an appeal, and in the hopes the judge might allow it, Kanoni did not. So the motion's denied. And with fewer than 24 hours now until closing arguments, we got some insight into what we might hear from the defense. The judge clearly stating they could not blame Brian Higgins or Brian Albert. That threshold that you need to make to do that, to argue them as three party culprits has not been made by the defense. So you cannot argue that either Brian Higgins or Brian Albert committed or had.
Sue O'Connell
The motive and all of that.
Melody Mendez
Not third party culprit. But they can argue that the possibility of Higgins being responsible was never even investigated by police. Is the defense going to argue that Brian Higgins did this? No, we're going to argue that they failed to investigate whether. Okay, you can get into third party culprit with Brian Higgins that the police were aware of whatever you're going to argue and failed to act on it, but it's strictly for that purpose. So there's a little preview of what you can expect to hear tomorrow. Now, the judge will give each side 1 hour 15 minutes to present their closing arguments before this heads to the jury.
Glenn Jones
Glenn? Listen, Melody, no one can complain. Things are moving slowly now. I mean, the pace of things have certainly picked up. This could be in the hands of the jury tomorrow.
Melody Mendez
You're absolutely right. In fact, right now, this time tomorrow, the jury will have likely already been deliberating for a few hours. So here's the the thing. The judge wants to keep it moving quickly. In fact, today she said she wants everyone at the courthouse tomorrow earlier than usual at 8:45. She actually instructed the court officers to call the jurors and tell them to be here a little earlier. She wants closing arguments to begin right at 9:00.
Glenn Jones
Glenn, Melody Mendez at the courthouse. Thank you. We're joined now by defense attorney Morgietta derisier and courtroom insider Sue o' Connell.
Melody Mendez
All right.
Glenn Jones
Leading up to the trial, we heard a lot about the third party corporate strategy, but a lot less evidence on the subject compared to the first trial. Viewers have been asking about Brian Higgins and Brian Albert Gregory Peabody says if they don't take the stand, which they haven't, how will the jury buy the defense's conspiracy theory? So we're done with witnesses. Morgietta, in your view, has the defense abandoned the third party corporate strategy?
Sue O'Connell
They have. And again, we have to remind everyone that they do not have to put on a case. They just have to disprove the Commonwealth case. And I can see as the evidence has come out, they probably feel really confident about poking the holes and creating the reasonable doubt in the prosecution's case. So why bother bringing up another confusing piece for the jury to deliberate on, which would be the third party culprit defense? So they're going to really focus on this Bowdoin defense, which I think is very clear in the inconsistencies with the investigation and make that be the lead defense to the prosecution case in chief, which is pretty smart.
Glenn Jones
Well, let's go there next. The judge says the defense hasn't presented sufficient evidence to argue third party culprit and closing arguments tomorrow. There's still a way to get into it by invoking the Bowdoin defense in closing, as Morgieto was just talking about. Here's a passage from the defense team's proposed jury instructions. You have heard some evidence suggesting that the Commonwealth did Not conduct certain scientific tests or otherwise follow standard procedure during the police investigation. This is a factor you may consider in evaluating the evidence presented in this case. It sounds like judge Beverly Kanone is comfortable with that instruction. So based on the much scrutinize police investigations, sue, this could really be a challenge for the commonwealth.
Sue O'Connell
Oh, it absolutely is. It's been a challenge in both trials. And now I think it's interesting not calling Brian Higgins or Chris Albert or building any of this third party culprit evidence that they would have to put into court and to show the jury in order to make the argument. Now they can just blame it on the police. Right. They don't have to put Brian Higgins on the stand. And maybe he comes off as sympathetic to the jurors. Maybe he didn't do anything at all in that becomes clear. But when they just have this, he didn't get investigated, this didn't get investigated, that didn't get investigated. It's hard to believe anything that the commonwealth has presented from the police or law enforcement or the investigation when it all is just out there and a mystery to people.
Glenn Jones
So you said Chris Albert there a second ago. You meant Brian.
Sue O'Connell
Brian Albert. Thank you. Brian Albert.
Glenn Jones
Also today, the defense dropped their push for a missing witness instruction. They initially wanted one for Brian Higgins, Brian Albert and Michael Proctor. None was called by the prosecution either. By the way, according to state law, the missing witness instruction would have allowed jurors to consider a quote to consider or draw an adverse inference from a party's failure to call a witness. So the missing witness instruction is now expected to be a non factor. Meanwhile, the defense requested an oui instruction for the jury that did not happen in the last trial. This is especially interesting because of the charges Reid is facing. Second degree murder, motor vehicle manslaughter while driving under the influence and leaving the scene of a collision causing injury and death. So this oui instruction, does this essentially give the jury an off ramp where they could convict Karen Reid of something while also saying, we don't think she is culpable in John o' Keefe's death?
Sue O'Connell
Absolutely. And so what we're really talking about is a second charge that she's charged with. And the moral of the story is that there's a lesser included offense, which means that the charge before them, there's a charge inside of that charge that doesn't really rise to what they're looking for. But as you said, she could be culpable of something. And the reason why you have that is obviously, if she's found guilty, there's less time. She can get probation. She could get community service. Who knows? Right. And it's no secret. She's been talking throughout this trial and before the other trial and she has admitted that she was drinking that night. So how do you skate around that? You create ask the court for lesser included offense to give the jury an option if they even point in that direction. But what's interesting is that the commonwealth didn't ask for any lesser included offenses in any of the charges. So, you know, I don't know what that says about what their presentation is, but I think it's interesting that they didn't ask for any. Do you think Judge Kanone is going to grant that instruction? Because it seemed to me today so either side can ask for it. Generally, the prosecution asked for it because they want more options on the table to decide their case. I think she's going to allow it. Right. And I think it's because this case is very confusing, as you can tell. I think someone talked about the jurors looking very confused and you want to make the options as clear as possible so we don't run into a 2e instruction issue like we did with the first trial. So give them more options. Why not? It doesn't really hurt the case in general. If anything, it makes it clearer for the jurors to decide.
Glenn Jones
Sue, can you give us an idea or remind us maybe of some of the statements that came. Karen Reed has made about drinking specifically.
Sue O'Connell
Yeah, she had a very famous quote, I don't have it verbatim, of basically talking about how she had had a number of drinks that night. She said it on either Dateline or the docu series. She wouldn't have driven on the expressway, but she was going to drive home. Right. So she pretty much admitted to being legally drunk, that had she gotten pulled over by a stadium, the expressway, it would have been a drunk driving charge for her. And we do have the video evidence of her getting drinks. Again, we don't know if she drank them all or where they all went, but I think that her statements alone in the docu series and in wherever else she said it would be enough for a juror to think that she was legally drunk.
Glenn Jones
If you've been following both trials, you know, to be anxious about the verdict slip, certainly a source of contention last time. Listen to a heated debate about the slip last year after deliberations were already underway.
Melody Mendez
They didn't have an option on the.
Glenn Jones
Verdict form to find her not guilty. It's almost like the court is directing a verdict of the subordinate charges.
Melody Mendez
Okay, I disagree with you, Misternetti. You've seen verdict slips exactly like this.
Glenn Jones
Okay, I actually haven't heard. The jury fills out the verdict slip to state their decision to the court. The slip typically includes the names of the defendant, the charges, and a space for jurors to indicate their verdict. But after the mistrial was declared in 2024, multiple jurors came forward saying they had in fact reached a unanimous verdict on two of the three counts, but said they were confused by the verdict slipped. Unfortunately, we didn't get clarification early on that we could look at each charge individually and independently of each other. If we had done that, then I.
Sue O'Connell
Don'T know where we'd be.
Glenn Jones
That confusion sparked a months long effort by Reid to get the two charges thrown out. It even made its way to the U.S. supreme Court. But today, Judge Kanoni had this to.
Melody Mendez
Say on page four. Reaching a verdict just, I will make it crystal clear, though I think it was, and I was upheld on it, so I will make it crystal clear.
Glenn Jones
So the judge says, hey, I was right the first time. I'm gonna make some tweaks to make it even more clear. So we're fine, nothing to worry about.
Sue O'Connell
Her expert witness, the juror said he was confused. So I would actually object to that, Judge Ganoni, because we have evidence that they were confused.
Glenn Jones
Right.
Sue O'Connell
I mean, it's really difficult. Right. First of all, you had 12 people, right? And not all of them came forward. Right. And so the Supreme Judicial Court, the appeals court, a lower court, all said.
Glenn Jones
Every court in the land, every court.
Sue O'Connell
In the land said, I'm sorry, guys. Judge Kanoni gets the win on this one because the case law is really, really strict. Now, if they had all 12 jurors come forward and all the alternates, maybe we could have rattled something. But it's really difficult when the case law was not on Karen Reid's side. And as she said, she'll make it crystal clear. But it really is up to the ju use their common sense, go in the deliberation room, remember the evidence that they hear. It's a really tough job. And we're using that formula it looks like we've xeroxed since the 1600s. So I don't see why people complaining.
Glenn Jones
It's been around for a long time. Listen, these will be the most watched courtroom instructions maybe in the history of TV trials. A lot of people are going to be watching very closely. Sue Morgietta, stick around. We'll see you in a little bit. But still to come, the woman known as the Internet's go to legal analyst will be joining us. But what Emily D. Baker says are the biggest differences between Karen Reid's two trials. You're watching Canton Confidential, the Karen Reed murder trial.
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Sue O'Connell
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Glenn Jones
Nearly every witness your honor we have called, we would submit has destroyed the commonwealth's theory. Both witnesses from ARCA drove a stake through the heart of the commonwealth's case. Well, some confident words today from defense attorney David Yannetti as he pushed for judge Kanoni to dismiss the charges Against Karen Reed, that effort. Joining us now to discuss this is former LA County Prosecutor Emily D. Baker. She's been following the case closely on her YouTube channel and a couple of times this week. Emily, I've been there, right with you, listening to your commentary. So do you agree with David Yaneti? Did he have it right there or is the Commonwealth still in this fight?
Melody Mendez
It's interesting because it's such a different case and you can't know exactly how the jurors are feeling. Though you do have sue in the courtroom every day telling us what they're doing, which is incredibly helpful. But you don't know with this pared down evidence how the jury will feel about any given witness or the case. But David Yannetti said our experts came in here and destroyed the Commonwealth case. And you heard Adam Lally, who we've heard from rarely this trial, get back up and say no, our experts testified to this and our experts did not get destroyed essentially by the defense experts. So I think that it depends on the jury and we can't underestimate that. Count two and the lesser included crimes to that count. To seeing the defense now asking even for that just dui oui charge without any bodily injury or death is an interesting thing that we didn't see happen last trial.
Glenn Jones
Yeah, it's a development that we were just talking about in the last segment. Special cop prosecutor Hank Brennan thoroughly cross examined the defense's witness office. It even led to some tense moments at times like this one yesterday when he was questioning Dr. Andrew Renssler. You have no idea where the point of impact was in this collision, do you? Nobody does. I'm asking you. Not nobody, you. Excuse me.
Melody Mendez
So let go ahead and ask the.
Glenn Jones
Question, Dr. Rentschler, before this jury have.
Melody Mendez
No idea where the point of impact.
Sue O'Connell
Was of this collision, do you?
Glenn Jones
That's correct. There's no evidence. That witness basically told the Commonwealth it has no evidence. As a former prosecutor, how do you think Hank Brennan handled defense witnesses generally? And I'm also really interested to know what you think about the decision not to call any rebuttal witnesses. It seemed like he even made a game time decision on that one.
Melody Mendez
I was really surprised taking the rebuttal witnesses first because he fought so hard to get the rebuttal witnesses in. And this was not just one motion of fighting for a rebuttal case, but numerous motions and numerous days of court fighting to have his witness, Dr. Rentschler, split into. Not Dr. Rentschler, Dr. Welcher. Too many W names split into two parts and to have him testify before the ARCA witnesses, Rentler and Wolf. And then after. And he fought hard for it and the defense fought hard against it. He won and then decided not to do that. I think the X rays that his expert said didn't exist probably played into that. But even the judge looked surprised when he said that there were no rebuttal witnesses. So I think everyone was a bit surprised he was calling no one. And then with Dr. Rentschler, he was a steadfast expert for the defense. Every time Brennan gave him an opportunity, he said, there's no evidence of that. There's no evidence of a collision. And the last words the jurors heard in this case from any witness were, no one knows how the taillight got broken that night. And then Brennan just sat down and asked no further questions. I was surprised he ended on such a difficult answer for the Commonwealth case because Dr. Rentschler was absolutely giving it back to him because Hank Brennan got into him about a ham sandwich and the rest of it, and that witness was not going to back down.
Glenn Jones
You followed both trials with a big audience and I'm sure your audience grew even more for the retrial. But if the new people, Emily, came looking for the Brian Higgins, Brian Albert conspiracy, they were disappointed. We didn't get Michael Proctor either. The idea that the second trial was more science than conspiracy, does that benefit one side or the other?
Melody Mendez
I think it's a cleaner case for the jury to consider because there's less extraneous things for them to think about. The focus by both parties was brought back to if there was a vehicle collision here, if John o' Keefe was hit by Karen Reed's car, and it's really focused on did the Commonwealth prove that in the first trial? There was a lot more for the jury to consider and I got lost in it too, at times with the butt dials of it all. And why did Brian Higgins destroy his phone and what is everyone doing and why did no one come out of the house? Those questions are really taken away from the jury, this case, because we haven't heard all of that and we haven't seen all of those witnesses. So it is a pared down case and I think it lets the defense focus on what the Commonwealth did or did not prove, and it lets the Commonwealth really focus on their evidence. So I think there's less for the jury to consider and I think that might be a win for the defense because the Commonwealth's pared down case leaves little confusion over what witnesses said What? But the commonwealth is going to lean heavily into Karen Reid statements and they didn't have those last trials. Are her words going to be incredibly persuasive to the jury and how concerned are the attorneys about that? I think we're going to see that addressed in closing arguments tomorrow.
Glenn Jones
Former prosecutor Emily D. Baker. I'll be looking for you on YouTube after closing arguments. Thanks again for joining us here on Canton Confidential. Back now with Morgietta and Sue. So Judge Canoni wants to start jury deliberations tomorrow afternoon after closings, after the jury instructions. That took me a little bit by surprise. I thought she'd wait until Monday. Sue, did it surprise you? Do you think it's right to get going?
Sue O'Connell
She did it last year as well. And just I was actually surprised at how quickly you get right into deliberations. Like, oh, okay, let's go. Yeah. I think she has been trying to move this trial along. Even though there's been a lot of criticism of her. I think she is like, just get them in there and let's get this done.
Glenn Jones
And you suspect the jury would want it that way, too?
Sue O'Connell
The jury would want it that way, too. And I think she even mentioned about 4:35, 5:30 stay later because technically on the weekends, they should have the weekend to themselves. They really are conducting a civil service here. So she doesn't want them to also give up their entire lives. So if they can get something done tomorrow, it's better than nothing than coming back Monday and starting fresh. And they're already exhausted, as sue has mentioned many times in this show, taking diligent notes and, you know, paying a lot of close attention. But got to get it going. And that was a game day decision by because I've heard from sources they had someone ready to go and on standby if needed.
Glenn Jones
So, all right, listen, we got the full panel of 18. They'll also have to be whittled down to 12 tomorrow. So that's a process you need to look out for as well. We will be taking closing arguments live tomorrow morning on NBC 10 Boston, as well as our sister station necn. Closing arguments are scheduled to start around 9am so be sure to tune in if you have questions about this case. Keep sending them our way. The email address is on your screen, canton.confidentialbcuni.com we'll answer as many questions as we can. And remember to join us every weeknight at 7 on NBC 10 Boston. We'll have a full recap of the latest developments from court as well as legal analysis. Plus this week's episodes will be streaming on Peacock starting on Sunday. For Sue o' Connell and Morgietta derisier, I'm Glenn Jones. You're watching Canton Confidential, the Karen Reid murder trial.
Melody Mendez
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Glenn Jones
Weeknights at 6 on NBC. 10 Boston.
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Podcast Summary: The Karen Read Murder Trial: Canton Confidential
Episode: What Karen Read Defense, Prosecution Revealed Before Closings
Release Date: June 13, 2025
Host/Author: NBC10 Boston
In this pivotal episode of Canton Confidential, NBC10 Boston delves into the critical moments leading up to the closing arguments of the high-profile Karen Read murder trial. The trial centers around Karen Read's allegations of a cover-up in the death of her boyfriend, Boston Police Officer John O'Keefe. As the courtroom drama unfolds, both the defense and prosecution are meticulously preparing their final statements to persuade the jury.
As closing arguments approached, defense attorney Morgietta Derisier and courtroom insider Sue O'Connell provided insights into the defense's evolving strategy. The defense initially pursued a third-party culprit theory, implicating individuals like Brian Higgins and Brian Albert. However, recent developments indicate a pivot away from this approach.
Melody Mendez [04:20]: "The defense is going to really focus on this Bowdoin defense, which I think is very clear in the inconsistencies with the investigation and make that be the lead defense to the prosecution case in chief, which is pretty smart."
Despite motions to present a third-party theory, Judge Kanoni denied the defense’s request for a required finding of not guilty based on insufficient evidence against Higgins and Albert. Consequently, the defense is now emphasizing potential procedural lapses by the police during the investigation.
Sue O'Connell [07:28]: "They probably feel really confident about poking the holes and creating the reasonable doubt in the prosecution's case. So why bother bringing up another confusing piece for the jury to deliberate on, which would be the third party culprit defense?"
This strategic shift aims to undermine the prosecution's case by highlighting alleged investigative shortcomings, thereby sowing doubt about the legitimacy of the evidence presented.
ADA Adam Lally spearheaded the prosecution’s efforts, challenging the defense's attempts to weaken their case. The prosecution contends that the defense's witnesses lack credibility and fail to effectively undermine the Commonwealth's theory.
Melody Mendez [04:08]: "The bias and advocacy exhibited by those witnesses from that witness stand do not amount to credible witness testimony that undermined the Commonwealth's case in any way, shape or form."
The prosecution remains steadfast, asserting that their evidence remains strong despite the defense's maneuvers. They argue that the defense's focus on procedural issues detracts from the core facts of the case.
Several significant legal maneuvers occurred leading up to the closing arguments:
Defense's Motion for Not Guilty: Defense attorney David Yanneti's attempt to secure a not guilty verdict was denied by Judge Kanoni due to insufficient evidence against the proposed third-party culprits.
Jury Instructions: The defense successfully requested an "oui" (OUI) instruction, providing the jury with the option to convict Karen Read of lesser charges such as DUI without bodily injury or death. This instruction offers the jury an "off-ramp" to convict on lesser offenses while acknowledging that Read may not be fully culpable for O'Keefe's death.
Sue O'Connell [09:56]: "She could be culpable of something. And the reason why you have that is obviously, if she's found guilty, there's less time. She can get probation. She could get community service. Who knows?"
Jury Deliberations: Judge Kanoni expedited the process, scheduling jury deliberations to begin the day after closing arguments, highlighting her intent to conclude the trial swiftly.
Melody Mendez [05:54]: "The judge wants to keep it moving quickly. In fact, today she said she wants everyone at the courthouse tomorrow earlier than usual at 8:45. She actually instructed the court officers to call the jurors and tell them to be here a little earlier."
Former LA County Prosecutor Emily D. Baker provided a critical analysis of the trial's progression:
Emily D. Baker [17:54]: "David Yanneti said our experts came in here and destroyed the Commonwealth case. And you heard Adam Lally, who we've heard from rarely this trial, get back up and say no, our experts testified to this and our experts did not get destroyed essentially by the defense experts."
Baker emphasized the challenges faced by the prosecution, particularly regarding the defense's attempts to shift focus to procedural flaws rather than disrupting the central narrative.
Referring to complications from a previous mistrial in 2024, where jurors reported confusion over the verdict slip, the episode highlighted efforts by Judge Kanoni to clarify instructions and streamline the decision-making process.
Sue O'Connell [14:49]: "It's been around for a long time. Listen, these will be the most watched courtroom instructions maybe in the history of TV trials. A lot of people are going to be watching very closely."
With less than 24 hours before closing arguments, the courtroom atmosphere is charged with anticipation. Both sides are finalizing their strategies to present compelling narratives that will resonate with the jury. The defense aims to cast doubt on the prosecution's evidence by spotlighting investigative inconsistencies, while the prosecution focuses on reinforcing the strength of their case against Karen Read.
Glenn Jones [24:02]: "If the new people, Emily, came looking for the Brian Higgins, Brian Albert conspiracy, they were disappointed. We didn't get Michael Proctor either. The idea that the second trial was more science than conspiracy, does that benefit one side or the other?"
As the trial edges closer to its conclusion, the episode sets the stage for the imminent closing arguments, promising a decisive turn in this gripping legal battle.
This episode of Canton Confidential offers an in-depth look into the strategic maneuvers of both the defense and prosecution in the Karen Read murder trial. With closing arguments on the horizon, the trial promises to reach a critical juncture that could determine the future of those involved. Listeners are left with a comprehensive understanding of the trial's dynamics, the legal strategies at play, and the high stakes surrounding this contentious case.
Notable Quotes:
Timestamps Referenced:
This summary provides a comprehensive overview of the episode, capturing the essence of the discussions and strategic developments within the Karen Read murder trial. It is structured to inform listeners who have not tuned into the podcast, offering clarity on the complex legal proceedings underway.