Decide denies gag order request in Karen Learn case

Crime

Decide Beverly Cannone acknowledged that statements made by Learn’s attorneys “are arguably inflammatory,” however stated she did not see a necessity for a gag order proper now.

A Norfolk Superior Court docket choose on Monday denied prosecutors’ request for a gag order within the case of Karen Learn, a Mansfield lady charged with homicide within the demise of her Boston police officer boyfriend. 

In her choice, Decide Beverly Cannone acknowledged that public statements made by Learn’s attorneys “are arguably inflammatory and seem to have fueled a lot of the publicity on this case,” however stated she didn’t discover “a considerable probability that the statements will materially prejudice the proceedings.” 

Learn is accused of placing John O’Keefe together with her automobile and leaving him to die within the snow on Jan. 29, 2022. Prosecutors allege that she backed up into O’Keefe whereas dropping him off at a fellow Boston police officer’s dwelling in Canton following an evening out, however Learn’s attorneys argue that the 43-year-old was framed and that different afterparty friends are guilty.

In a movement filed in June, Assistant District Attorneys Adam C. Lally and Laura A. McLaughlin requested Cannone to bar Learn’s attorneys from talking about components of the case outdoors the courtroom, arguing that the attorneys’ techniques fueled an invasion of witnesses’ privateness.

Cannone acknowledged that the protection workforce’s statements to the media “have at instances arguably crossed the road of permissibility,” cautioning the attorneys to be aware of the foundations. 

Nevertheless, she noticed no want for the gag order right now. 

“The statements at difficulty can usually be characterised as responses to the accusations towards the defendant and as pertaining to the speculation of her protection,” Cannone wrote. “Additional, the probability that they may trigger any materials prejudice is minimized by the truth that no trial date has been scheduled.” 

She additionally warned that Monday’s choice doesn’t rule out the opportunity of a future order limiting attorneys’ statements. 

In an interview previous to Monday’s choice, Boston-based legal protection lawyer Peter Elikann advised Boston.com that gag orders are uncommon.

“Gag orders are granted extraordinarily hardly ever; it nearly by no means occurs,” he stated. “The secret is when you do make public statements in regards to the case, you don’t need them to be deceptive in such a extremely prejudicial method.”

If there’s a concern that the potential juror pool has change into prejudiced or swayed to at least one facet or the opposite, courts will typically order a change of jurisdiction and transfer the case to a special space, Elikann defined. 

“The issue with a case like that is it’s been so lined by the media all through the state that it is likely to be onerous to seek out one other county wherever in Massachusetts the place the members of the general public haven’t heard in regards to the case,” he stated. 

The case has additionally drawn nationwide consideration, with NBC’s “Dateline” set to characteristic the story in an upcoming episode. 

Learn has pleaded not responsible to costs of second-degree homicide, motorized vehicle manslaughter whereas driving beneath the affect, and leaving the scene of a collision inflicting harm and demise. She’s due again in courtroom on Sept. 15.