Crime
Despite her acquittal on murder and manslaughter charges, Read could still be on the hook legally for John O’Keefe’s death.
Although a jury last month acquitted Karen Read of murder and manslaughter charges in the death of her boyfriend, John O’Keefe, the Massachusetts woman could still be on the hook legally for O’Keefe’s death.
That’s because the late Boston police officer’s family has a pending wrongful death lawsuit against Read and the two Canton bars where she and O’Keefe drank the night he died.
Filed shortly after Read’s 2024 mistrial, the Plymouth Superior Court lawsuit alleges Read “was under the influence of alcohol and unable to drive a motor vehicle safely” as she drove O’Keefe to an afterparty early on Jan. 29, 2022. Notably, jurors in Read’s second criminal trial recently found her guilty of operating a motor vehicle under the influence of liquor.
Plaintiffs in the wrongful death suit include O’Keefe’s brother, Paul, his parents, and his teenage niece, who lived with O’Keefe after she and her younger brother lost their parents just months apart. A lawyer for the family did not respond to requests for comment.
Here’s what to know about the pending lawsuit.
What are the allegations against Read?
The O’Keefe family’s lawsuit largely mirrors the allegations prosecutors put forth when trying Read for second-degree murder and other charges. They allege Read, now 45, argued with O’Keefe before he died and struck him with her SUV in a drunken rage outside 34 Fairview Road before leaving her boyfriend of two years to die in a blizzard.
The family claims Read consumed a total of nine drinks as she and O’Keefe chatted with friends and acquaintances at both C.F. McCarthy’s and the Waterfall Bar & Grille. A forensic scientist from the Massachusetts State Police Crime Lab testified in May that a retrograde analysis put Read’s blood alcohol level between 0.14% and 0.28% at 12:45 a.m. on Jan. 29. The analysis was based on Read’s blood test at Good Samaritan Medical Center, which allegedly put her blood alcohol level between 0.078% and 0.092% just after 9 a.m. on the 29th.
The legal limit for driving is 0.08%.
The lawsuit further alleges C.F. McCarthy’s and the Waterfall “negligently served alcohol to an intoxicated person, namely defendant Read.”
The O’Keefes are also claiming emotional distress, alleging Read “knowingly and deliberately changed her story and fabricated a conspiracy knowing the same to be false.” Read and her lawyers have long argued she was framed in a vast law enforcement conspiracy to protect the family and friends of the man who owned 34 Fairview Road at the time, a fellow Boston police officer.
The O’Keefe family has further accused Read of “intentionally and/or recklessly” inflicting severe emotional distress on his niece by frantically shaking the teen awake on Jan. 29 and telling her O’Keefe hadn’t come home.
Just 14 years old when her uncle “JJ” died, the teen allegedly heard Read say, “Maybe I did something… Maybe a snow plow hit him… Maybe I had hit him…. Maybe I hit him… (we) were in an argument… Maybe he got hit by a snow plow,” according to the lawsuit.
Read “knew that [the teen] was a vulnerable minor, who already lost her parents tragically and depended on her custodial uncle, JJ, who became her surrogate parent,” the complaint alleges.
How can Read face another trial if she’s already been acquitted?
While Read’s conviction on the drunk driving charge and acquittal on the more serious charges brought her criminal case to a close, that verdict does not shield her from potential civil liability. Among the more notable examples of defendants who faced this legal dynamic is O.J. Simpson, the infamous football star and actor who was found not guilty of murdering his former wife Nicole Brown Simpson and her friend Ronald Goldman, only to be held liable for their deaths in a later civil suit.
Could Read face jail time?
Unlike in her criminal case, however, Read does not face a possible prison sentence as a result of the wrongful death lawsuit. If found responsible for O’Keefe’s death, she could be liable for monetary damages; O’Keefe’s family is seeking at least $50,000.
What’s the burden of proof?
While prosecutors in Read’s two criminal trials were tasked with proving their case beyond a reasonable doubt, the burden of proof for a civil case is the much lighter preponderance of evidence standard. Essentially, plaintiffs in a wrongful death lawsuit have met their burden when they can convincingly argue it’s more likely than not that a defendant is responsible for the death — even if only by a slight margin.
“Stated another way, if you were to put all the credible evidence on opposite sides of a pair of scales, the plaintiff must produce enough evidence to make the scales tip in [their] favor,” Massachusetts model jury instructions explain.
Under state law, a wrongful death claim can arise and someone can be held liable for damages under certain circumstances, including when a defendant’s negligence or “willful, wanton or reckless act” causes another person’s death.
O’Keefe’s family alleges he was injured and died “as a direct and/or proximate cause of defendant Read’s negligence, gross negligence and/or willful, wanton and reckless disregard for safety.”
Is Read’s star defense team back for another round?
Read’s winning criminal defense team featured heavy-hitting attorneys Alan Jackson, David Yannetti, Robert Alessi, and Elizabeth Little. For the wrongful death suit, however, Read has tapped three other lawyers who specialize in civil matters: William Keville, Christopher George, and Marissa Palladini.
In the meantime, Jackson, Yannetti, and Alessi have been taking a victory lap in media interviews. Read and Jackson have also teamed up for an upcoming scripted adaptation of the high-profile case.
What’s the timeline for the wrongful death suit?
It’s still unclear exactly when the O’Keefe family’s wrongful death suit might be resolved, as the docket gives no indication of a potential settlement or upcoming hearing or trial dates.
Last fall, a Plymouth Superior Court judge agreed Read wouldn’t have to give a deposition — out-of-court testimony — in the civil suit until after her criminal trial, citing her Fifth Amendment right against self-incrimination. A later ruling in April also postponed depositions for Read’s parents and sister-in-law for 90 days or upon the conclusion of the criminal retrial — whichever came first.
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