Give Karen Learn supporters this a lot —questions raised early on have been price asking.
Like, why would Jen McCabe be awake at 2 within the morning looking out the web for details about how lengthy it takes for somebody to die within the chilly? (Seems she searched at 6:24 am, after O’Keefe’s physique was discovered, as a result of Learn requested her to).
How can a man endure a deadly head damage however no damaged bones or accidents to his decrease physique after being hit by a automobile? (Not unusual for sideswipe pedestrian collisions).
How can a human arm crack a taillight and endure scratches? (Nonetheless a bit unsettled besides we all know the scratches weren’t from a canine as a result of there was no canine DNA and the health worker mentioned the accidents have been topical abrasions with no depth).
Most significantly, why would the feds open an investigation of a pending state homicide investigation? (Totally perplexing even at present although it did finish with no discovering of misconduct by anybody).
The primary trial didn’t precisely reply all these questions, nevertheless it, together with the prosecution’s case up to now within the second trial, did present a stable pile of forensic proof that Karen Learn dropped John O’Keefe off in entrance of 34 Fairview Ave; he was discovered useless toes from the place she dropped him off; taillight items from Learn’s automobile have been discovered on John’s clothes and strewn across the crime scene; and John’s DNA was discovered on Learn’s automobile, close to the taillight.
If that have been the one proof, it could be loads. However there’s extra, together with pc knowledge from Learn’s automobile displaying that proper after she dropped O’Keefe off, she gunned her automobile backwards at 24 miles per hour, with the fuel pedal at 75% power, earlier than leaving the scene and driving again to O’Keefe’s home.
If this isn’t sufficient to for you, that’s high quality. And if these information don’t reply all of the questions on whether or not proof was planted, and whether or not cops behaved badly and acted overzealously as a result of one in all their very own was killed, that’s high quality, too. And if you happen to assume Learn was overcharged, I can see the argument. It’s honest to imagine that further efforts can be used to prosecute an accused cop-killer.
What’s not honest is pointing the finger at harmless individuals within the title of due course of. Nothing within the Structure says {that a} prison’s honest trial rights embrace the fitting to defame an harmless individual by falsely claiming that they dedicated homicide. That mentioned, this isn’t the primary time harmless individuals have been falsely accused as a result of the legislation on this state is ridiculously beneficiant to criminals – to a degree the place judges in different states roll their eyes when legal professionals cite Massachusetts legislation as a guideline.
For instance, defendants on this state are allowed to rent consultants to lie and the protection can then whip the general public right into a frenzy by selling the lies. It’s not that there’s a rule that claims “the protection can lie” it’s that there are not any significant sanctions once they do.
If the prosecution or one in all their consultants lies, a choose can suppress proof and even dismiss fees as punishment (bear in mind Annie Dookhan?). This menace of sanctions works very effectively as a deterrent, nevertheless it doesn’t apply to the protection.
Regardless of how unfair and even unethical the conduct of a protection legal professional, a choose can’t suppress proof or punish the defendant. The Supreme Judicial Court docket made this clear years in the past in a case the place a trial choose excluded proof favorable to the defendant as a result of the legal professionals violated the principles of discovery.
The state’s highest court docket reversed that call on the grounds that the rights of the accused are extra vital than the deterrence of protection misconduct. The choose within the Learn case, Beverly Cannone, was clearly conscious of this when she lately dominated that proof useful to Learn wouldn’t be suppressed though the protection violated the principles.
So Learn will have the ability to use every bit of related proof that might presumably assist her case – however she has an enormous drawback named Hank Brennan. He’s a extremely expert protection legal professional – serving as a prosecutor only for this case – and he is aware of all of the methods. Even worse for Learn, she has made too many damning public statements which are devastating to her case and Brennan used all of them brilliantly.
The protection does have some useful proof, like disgusting texts despatched by the state trooper answerable for her case to a bunch of his buddies. Learn additionally has in her favor the truth that Brian Higgins, an ATF agent pal of O’Keefe’s, threw his telephone away in a really suspicious method after Learn kissed him they usually engaged in sexual banter with by telephone.
However these sideshows do nothing to decrease the bodily and forensic proof.
The jury can’t assist however see this case as an easy drunk driving hit-and-run murder. So the true subject is whether or not jurors see a assassin in Karen Learn.
Most individuals are uncomfortable considering that an informed white lady from suburban Massachusetts might be a killer. But when the jurors on this case can recover from that discomfort, Karen Learn might quickly be doing a compulsory 20 years for second diploma homicide. Even the lesser cost is obligatory 5.
Both means Learn may have a very long time behind bars to ponder whether or not the circus was price it.
