Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
◀ Day 30 Trial 1 Day 32 ▶

Day 31 - June 25, 2024

Closing Arguments, Jury Instructions, and Deliberations Begin

Judge Beverly J. Cannone
6Proceedings
4Pages
0Witnesses
239Lines
4 sidebars
Day 31 of 35

Closing arguments presented competing accounts of O'Keefe's death before Judge Cannone instructed the jury and deliberations began.

Full day summary

Alan Jackson and Adam Lally delivered closing arguments presenting competing accounts of John O'Keefe's death. Jackson challenged the investigation and argued that the Commonwealth had not proved its case beyond a reasonable doubt. Lally argued that Karen Read struck O'Keefe with her SUV, citing the Commonwealth's timeline, physical evidence, phone records, and witness accounts. Judge Cannone instructed jurors on the presumption of innocence, reasonable doubt, the charged and lesser included offenses, and deliberations. The jury began deliberating at 1:25 p.m.; later, the court addressed verdict-slip options and sent exhibit materials to the jury before excusing jurors for the evening.

Notable Moments

Closing Argument - Alan Jackson

Jackson opened by arguing that the defense case showed deception and a coverup rather than reliable proof against Read.

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Commonwealth Closing Argument - Adam Lally

Lally presented the Commonwealth's timeline, arguing that Read's calls, messages, movements, and the discovery of O'Keefe supported its account of what occurred.

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Jury Instructions

Judge Cannone explained the elements of second-degree murder, the motor-vehicle manslaughter charge, lesser included offenses, and leaving the scene of an accident resulting in death.

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Jury Sent to Deliberate; Verdict Slips Reviewed

The judge directed the jury to retire and begin deliberations at 1:25 p.m.

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Notable Quotes
Beverly J. Cannone
“The burden of proof never shifts to the defendant.”
States the central burden-of-proof instruction.
Video thumbnail for Day 31 — Closings (Jackson, Lally), Jury Instructions 7h 37m
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1. Closing Argument — Defense

Defense attorney Alan Jackson began closing argument by challenging the investigation and the Commonwealth's evidence, arguing that the case had not been proved beyond a reasonable doubt.

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sidebar
Replacement Video for Exhibit 604
16 lines

Counsel reported that Exhibit 604's disk was blank and requested a replacement video exhibit; the judge said she would allow it later and called a brief recess.

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Sidebar on Jury Instructions and Closing-Argument Timing
27 lines

Judge Cannone said she would not give a consciousness-of-guilt instruction and would give the Bowden instruction. The court also set a five-minute warning for the parties' one-hour closing arguments, explaining that jurors would be told the warning was for timekeeping rather than punishment, then took a five-minute recess before closings.

Closing
Closing Argument - Alan Jackson
24 lines

Jackson argued that the Commonwealth's case rested on an unreliable investigation and that the evidence supported a defense theory in which John O'Keefe entered 34 Fairview Road before Karen Read left. He challenged the handling and interpretation of phone data, video, taillight material, and forensic evidence; argued that expert testimony did not support a vehicle strike; and asked jurors to find that the Commonwealth had not proved its case beyond a reasonable doubt.

2. Closing Argument — Commonwealth

Prosecutor Adam Lally began the Commonwealth's closing argument, asking the jury to find Karen Read guilty on all indictments.

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Closing
Commonwealth Closing Argument - Adam Lally
22 lines

Lally argued that Read struck John O'Keefe with her SUV, left him outside in the storm, and later made statements and took actions consistent with knowing where he was. He tied that theory to vehicle data, phone records, witness accounts, taillight-related forensic evidence, and O'Keefe's injuries, while rejecting the defense theory involving Brian Albert and Brian Higgins. Lally asked the jury to find Read guilty on all indictments.

3. Jury Instructions

Judge Cannone instructed jurors on the presumption of innocence, the Commonwealth's burden of proof, and the rules governing their deliberations and verdicts.

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Jury Instruction
Jury Instructions
22 lines

Judge Cannone instructed jurors that Karen Read remained presumed innocent and that the Commonwealth bore the burden to prove every charge beyond a reasonable doubt. The charge addressed credibility, circumstantial evidence, alleged investigative omissions, limited-purpose evidence, the elements of the charged and lesser included offenses, and the requirements for unanimous deliberations and verdict slips.

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Jury Instructions and Verdict Slips
25 lines

Counsel clarified that involuntary manslaughter was a lesser included charge for the OUI charge, not second-degree murder, and the judge directed counsel to review verdict slips before her review.

4. Procedural — Jury Sent to Deliberate

The jury began deliberations, while the court and counsel reviewed verdict slips, confirmed the jury's materials, and set availability during deliberations.

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Procedural
Jury Sent to Deliberate; Verdict Slips Reviewed
65 lines

Judge Cannone directed the jury to retire and deliberate at 1:25 p.m. Afterward, counsel discussed whether the verdict slips for lesser included offenses should include guilty-or-not-guilty choices for each offense. The Commonwealth did not object to adding those options, and the judge held the slips for further review.

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Brief Recess Sidebar
4 lines

Counsel exchanged thanks at sidebar, and the conference concluded before a brief recess.

Procedural
Jury Deliberation Logistics and Overnight Recess
34 lines

Court staff and counsel confirmed that the exhibit books were complete and that the Commonwealth-provided laptop contained only a clean laptop and charger for the jury. Later, the judge directed counsel to remain available during specified courthouse hours while deliberations continued, then excused the jury for the evening and repeated the cautions against discussing or researching the case.

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