DEDHAM, MASS. (WHDH) – The primary circuit courtroom of appeals sided with a federal decide, who earlier this month, refused to dismiss two of Karen Learn’s expenses.
Learn’s attorneys argue that making an attempt her once more for homicide and leaving the scene of a lethal crash would quantity to double jeopardy.
Learn’s repeated efforts to drop the costs on the grounds of acquittal have did not persuade a single decide.
The primary circuit wrote that post-trial statements don’t equal a verdict learn in open courtroom, saying, “Due to this fact, even when we assume that the jury unanimously voted in non-public that the prosecution had did not show its case on counts one and three, the jury didn’t ‘act on that view.’”
In mild of Thursday’s determination, jury choice for Learn’s retrial begins Tuesday, which might take days and even weeks.
7NEWS authorized analyst Tom Hoopes says each particular prosecutor Hank Brennan and Learn’s protection workforce, together with Alan Jackson, will possible use focus teams to slender down the kind of juror they want contemplating Learn’s destiny.
“Attorneys at all times suppose they’re so sensible, however they’re dumb by way of the typical particular person issues,” mentioned Hoopes. “And so you’ll want to be speaking to individuals who aren’t attorneys.”
Learn faces a retrial in reference to the demise of her Boston police officer boyfriend John O’Keefe.
Her workforce now has a brand new lawyer serving to with jury choice, Victoria George, who was an alternate juror in final yr’s trial.
Hoopes says this can be a protection workforce prepared to take dangers, and he can’t make sure this transfer will assist a lot.
“It’s a tough one to quantify,” mentioned Hoopes. “I’m simply not 100% positive it’s definitely worth the threat.”
There may very well be 150-200 folks within the jury pool every day.
The decide says some folks, who’re towards the underside of the listing, is perhaps allowed to go house early and are available again the following day if Choose Beverly Cannone believes they received’t have time to be questioned at sidebar.
Hoopes says he’s not shocked Cannone floated the thought.
“Ultimately, it’s the general public that she’s serving as properly,” mentioned Hoopes. “She’s making an attempt to maintain the jury as inconvenienced as she will.”
The decide can be contemplating Karen Learn’s request to get an ear piece so she will hear every juror being questioned at sidebar.
She isn’t sure that may be accommodated, as a consequence of expertise points within the older courthouse.
“5 years from now, it will likely be computerized,” mentioned Hoopes. “Proper now, she’ll do it if she will, if they will make it occur.”
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