Massachusetts Judge Beverly Cannone set a Friday deadline for Karen Read’s defense team to turn over additional disclosures about the controversial crash reconstruction firm that is central to her defense as she faces a retrial on murder charges in the death of John O’Keefe.
Read, now 45, was dating O’Keefe when he died at 46 years old in January 2022. Prosecutors say she backed her Lexus SUV into him, then left him for dead in a Boston suburb during a blizzard.
She has pleaded not guilty and argued she is being framed. Her first trial ended with a deadlocked jury last year, and an important element of her defense was expert witness testimony from two members of ARCCA, the reconstruction firm, who said O’Keefe’s fatal injuries were not caused by her vehicle.
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Special prosecutor Hank Brennan warned in court on Wednesday that without additional disclosures about what the experts will say this time around, he is worried there could be a “trial by ambush” in which they introduce new claims with the trial underway.
The ARCCA witnesses have been a key issue ahead of Read’s second trial, with Brennan having asked the court to have their testimony precluded over concerns that they were not independent as described and had been contracted by the defense without their financial ties being disclosed. That motion was denied.
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Since then, he said he has been asking for the disclosures for months to no avail, and the sides had a contentious exchange in court over the issue on Wednesday.
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“If it wasn’t so obvious this would happen, I wouldn’t be so upset over it,” Brennan told the judge.
Defense attorney Alan Jackson called Brennan’s protest “feigned indignation” and said the ARCCA witnesses were working on a rebuttal to a prosecution expert revealed in February. He said the defense received the final report from that expert on March 24 and would turn over disclosures as soon as they were available.
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Cannone gave the defense until 5 p.m. Friday. Opening statements are scheduled for Tuesday.
“By April 18, 2025 at 5:00 p.m., the defendant is to produce to the Commonwealth any outstanding discovery,” Cannone wrote. “In addition, by April 18, 2025 at 5:00 p.m., the defendant must disclose to the Commonwealth any oral representation agreements or understanding regarding anticipated reimbursements or payments to or on behalf of ARCCA between any member of ARCCA and the defense team, including the defendant.”
By noon Monday, she added, the defense has to disclose any pending testing as well as the date of its expected completion and results.
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