In this episode of the Boston Barrister Podcast, Attorney Kevin Patrick Seaver discusses the latest developments surrounding the Karen Read case and the civil lawsuits that have followed her criminal trial.
After being acquitted of the major criminal charges related to the death of John O’Keefe, Karen Read now faces ongoing civil litigation. Attorney Seaver explains the important legal differences between criminal and civil cases, including why Double Jeopardy protections do not apply to civil lawsuits and why a person who has been found not guilty in criminal court can still face civil claims.
This episode also explores evidentiary standards, the role of depositions, and why many legal observers are interested in the possibility that Karen Read could eventually testify under oath in a civil proceeding.
If you have followed the Karen Read case, this podcast provides a straightforward explanation of the legal issues that may shape the next chapter of this highly publicized matter.
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Disclaimer
This video is not intended as legal advice and does not create an attorney-client relationship. Please consult a lawyer regarding your legal issue.
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Since 1991 Boston attorney Kevin Patrick Seaver has specialized in family law, including divorce and fighting false child abuse allegations and getting DCF cases closed once and for all. Giving parents freedom and happiness.
617-263-2633
kevin@kevinseaver.com
Kevinseaverlaw.com
Transcript:
Welcome to the Boston Barrister. My name is Kevin Patrick Seaver, located in Boston. Karen Reid was charged with the killing of her boyfriend, whose body was found outside of Canton Home, January of 2022. The first criminal trial was found to be a mistrial. In the second criminal trial, she was exonerated of all major crimes, except for one misdemeanor. During the trial, the defense strategy for Karen Read was to establish that other people had means, opportunity, true harm, John O’Keefe. In a joint statement by Jennifer MCK, Brian Albert, Colin Albert, Brian Higgins, stated in a joint statement through various newspapers that they had been harassed relentlessly. Before a claim, they had been subjected to relentless false allegations, harassment, as well as intimidation, which has been a campaign of lies. This lawsuit has been filed in Norfolk Superior Court. In response to this statement, Adam Kearney, known as Turtle Boy, went on ex and then laid out all the facts that he laid out during this trial of Karen Reid.
The defense for Karen Reid also made a statement and was indicating that lawsuit appears to be vindictive and retaliatory in nature, and that the jury has spoken of exonerated Karen Reid of the death and the criminal action of John O’Keefe. I find the most fascinating thing is that at some point between the two lawsuits, one by John O’Keefe’s estate, as well as by these other four who have recently filed in Norfolk Superior Court, that Karen Reid may have to take the witness stand under oath and testify, if not a deposition long before she testifies. But when I explain this to some of my colleagues that are not lawyers recently, a couple of questions arose that they couldn’t figure out. And the first question was, why does Double Jeopardy not attach to these civil actions since Karen Reid’s already been found not guilty by a jury of her peers in Norfolk Superior Court already? And that’s a great question that a person asked me recently. And the answer is very simple. Double Jeopardy is where you cannot be tried twice for the same crime. There’s a difference between criminal gadgets, which must be determined by a very high evidentiary standard called Beyond a Reasonable Doubt, which mathematically is like 90 percent or better. After Beyond a Reasonable Doubt becomes another standard called Clear and Convincing Evidence, which is utilized when you have fraud on a contract or the elimination of visitation or the termination of parental rights. And that is an evidentiary standard they say is about 75 percent or higher to be proven. Now, the third evidentiary standard is what’s called the civil standard, proponents of the evidence. More likely than not, 51 percent or higher. And that’s what the civil case is. Double Jeopardy is only in a criminal case. You can’t be tried twice for a criminal case once you’re exonerated. That’s it. There’s no more trial than a criminal court where you could have the risk of going to jail and be in prison. In a civil case, the penalties are monetary in nature. You do not face possible jail time and go into prison. Second question that somebody asked me today is why can’t Karen Reed utilize the Fifth Amendment right to self-incrimination and does not have to testify? The Fifth Amendment right against self-incrimination and her ability not to have to testify only attaches in a criminal case. It is not something you can claim in a civil manner, which is what, again, these two lawsuits are. They’re different than criminal. That leads me to my final point, which I said earlier. I am fascinated to hear what Karen Reed has to say on the road, whether by deposition, which may happen or during a trial that would happen in superior court civilly. And I am sure I’m not the only one that wants the air. What Karen Reed has to say.
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