Karen Read is probably Not Guilty, but She's Not Innocent

If she gets convicted, it will be in spite of her defense team's Herculean efforts

Karen Read is on trial, charged with the death of Boston police officer John O’Keefe, who was found unresponsive in a snowbank outside a colleague’s home in January 2022. Read, O’Keefe’s girlfriend at the time, is accused of hitting him with her SUV in the wee hours of the morning after a night out on the town. Read but she maintains she is being framed by a cover-up involving law enforcement. The case has drawn national attention due to its scandalous allegations of police misconduct, coverups, and conflicting forensic evidence.

Supporters of Karen Read have been numerous, vocal and organized, frequently rallying outside the courthouse. They believe she is being scapegoated to protect members of local law enforcement. They point to how her defense team has exposed a possible conspiracy among the blue line of law enforcement and their family members—a conspiracy to conceal and even manufacture critical evidence against Read.

It’s one of those cases that has divided a nation. It’s even divided my household. My wife is convinced Read is innocent. She believes the police framed her, and the coverup has been exposed by her excellent defense lawyers. I think Read is not guilty. I don’t think she’s innocent. And I think she has excellent defense lawyers.

You’d think we’re not too far off, but there’s a lot of daylight between not guilty and innocent. I think it’s more likely that Karen Read unwittingly backed into O’Keefe and sped off, either completely unaware, or forgot in the fog of intoxication. But “more likely” is not “beyond a reasonable doubt.” I even have a chart I show jurors in closing, to emphasize that “likely,” “very likely” and “highly likely” is less than “beyond a reasonable doubt.” I’ve reprinted an example below.

So, if I insist that juries not convict when guilt is “highly likely,” then I have to conclude that Karen Read is “not guilty.” And for that reason, I think Read is not guilty, but she’s not innocent either.

More than that, though: if Karen Read is acquitted, it will be because of her very impressive defense team, and not because of anything Karen Read is, was, or did. If Karen Read is acquitted, it will be in spite of Karen Read herself. She’s done nothing to help herself.

In fact, it’s interesting that Read has had so many supporters rally around her. She is not what you would call a traditional “sympathetic” defendant. According to the numerous voicemails, text messages, and phone calls she made to O’Keefe after she left him at the house, she sounds paranoid and jealous—at best. At worst, she sounds downright crazy. According to testimony, she would fly off the handle if she saw her boyfriend put his arm around another woman. And yet, she was also texting one of her boyfriend’s law enforcement colleagues to try to start up a clandestine romantic relationship behind her boyfriend’s back. She appears to be constantly suspicious her boyfriend is cheating…while she’s the one trying to do the cheating. She does not come off as trustworthy.

Then there’s the night O’Keefe was killed. According to the evidence, Karen Read is someone who thinks nothing of drunk driving around town in a blizzard in her Lexus SUV. And she’s a special kind of brazen drunk driver: the kind who actually brings her vodka drink when she leaves the bar and puts it in her cup holder in the car. It’s one thing to have a glass of wine at dinner, eat, and then drive home later (which is not a good idea). It’s another thing to leave the bar and bring your vodka cranberry with you.

And why did Karen Read feel totally privileged to drive drunk in a blizzard? Probably because she was with a bunch of cops—the same people who are supposed to keep drunk drivers off the road. That reflects poorly not only on Read, but police in general. It’s pretty sickening to think that cops and their girlfriends may be out there getting blasted and driving home from the bar because they feel invincible, and rules are just for us citizens.

Then of course, there’s the Karen Read documentary. While reasonable minds can differ, she comes off as self-interested, and not caring about O’Keefe’s death at all. She seems to enjoy the attention without acknowledging the tragedy that led to this attention.

Why, then, is there a single Karen Read supporter? It’s here that I have to credit my wife for reminding me of one of the core principles of criminal defense: Even bad people should not be wrongfully convicted for something they didn’t do. Even supremely annoying, crazy, selfish people don’t deserve to be framed—if she was indeed framed.

I’m not certain that Karen Read didn’t run over John O’Keefe, either accidentally or on purpose. I’m certain her stellar defense team has created more than enough reasonable doubt for a “not guilty” verdict. But she’s not innocent.

And my wife is always right.