A gag order requested by prosecutors in the case of Karen Read, the woman charged with second-degree murder in the death of her boyfriend, Boston Police Officer John O'Keefe, was denied by a judge on Monday.
Read is accused of killing O'Keefe on Jan. 29, 2022, after a night out at the bar. Police said she ran him over with her SUV while dropping him off at a house party in Canton, after they had been arguing. Her attorneys have argued that someone else had to have killed O'Keefe and alleged a coverup.
The case's rising media attention has recently become a part of the legal arguments. Prosecutors filed a motion last Tuesday asking her and her attorneys to stop speaking to the media.
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Judge Beverly Cannone said in her ruling Monday that, "Although it is true that the statements by the defendant's counsel cited by the Commonwealth are arguably inflammatory and appear to have fueled much of the publicity in this case, the Court does not find, at this time, that there is a substantial likelihood that the statements will materially prejudice the proceedings."
"The statements at issue can generally be characterized as responses to the accusations against the defendant and as pertaining to the theory of her defense. They are therefore permitted under the rules," the judge wrote. "Further the likelihood that they could cause any material prejudice is minimized by the fact that no trial date has been scheduled."
The court did note that the defense counsel's statements to the media "have at times arguably crossed the line of permissibility."
Going forward, the judge said the defense counsel should ensure that "their statements are limited in conformity with the rules." She also said neither side should interpret Monday's decision as precluding a future court order limiting counsel's statements.
The prosecution has said the defense is taking a "trial by media' strategy by sharing what they call unsubstantiated claims that could risk the impartiality of potential jurors. Assistant Norfolk District Attorney Adam Lally said last week that he found out about some motions made by the defense from his press officer, because they'd been shared in the media before they were filed in court, and also said that some witnesses have been harassed and intimidated.
One of Read's lawyers, David Yannetti, took umbrage over the motion and said that the prosecution has been able to speak publicly about the case, leading to a public pronouncement from Boston police after Read's arrest that O'Keefe's killer had been caught — damaging her reputation before she had a chance to make her case in the court of public opinion.
"They were quite happy with the press this case was getting when it was in their favor," Yannetti said.
In an interview with "Dateline" that aired on the TODAY show, Karen Read said she dropped off O'Keefe and drove home assuming that he went inside. The next morning, she said she went back looking for him and found his body in the snow in front of the home.
"His eyes were swollen shut. He had blood dripping out of his nose," Read said to "Dateline" correspondent Dennis Murphy.
"I have an innocent client, period," defense attorney Alan Jackson told NBC. "John walked into an element of hostility in that house. John O'Keefe got out of a car, walked into the house, was sucker punched, fell, hurt himself, and then ultimately his body was moved."
An air date for the upcoming "Dateline" episode has not been announced.
