Now that Karen Read's trial is over, John O'Keefe family's civil suit can go on

Flint McColgan, Boston Herald on Jun 19, 2025

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BOSTON — Now that Karen Read’s criminal trial for the murder of John O’Keefe has ended — with her acquittal on all charges except drunken driving — the O’Keefe family’s civil case against her can continue.

That’s according to the Oct. 31, 2024, ruling by Plymouth Superior Court Judge William M. White Jr. that paused the civil case until the criminal trial concluded.

Although White’s order anticipated a Jan. 27 criminal trial start — the date scheduled at the time — the stay remained in place when the trial ultimately began in April.

The criminal trial concluded Wednesday with a decisive defense win.

Read, 45, of Mansfield, was cleared of her indicted charges: second-degree murder, manslaughter while operating a motor vehicle under the influence of liquor and leaving the scene of an accident resulting in death.

The jury convicted her only of operating a motor vehicle under the influence, or OUI, which was the least of three “lesser included” offenses jurors could consider under manslaughter.

But several prosecution witnesses remain adamant that Read is guilty — a claim that underlies the civil complaint. They issued a statement after the verdict, reiterating their position.

“Today, our hearts are with John and the entire O’Keefe family. They have suffered through so much and deserved better from our justice system,” a joint statement by Jennifer McCabe, Matthew McCabe, Chris Albert, Julie Albert, Colin Albert, Nicole Albert, Brian Albert, Kerry Roberts, and Curt Roberts read.

“While we may have more to say in the future, today we mourn with John’s family and lament the cruel reality that this prosecution was infected by lies and conspiracy theories spread by Karen Read, her defense team, and some in the media,” the statement continued. “The result is a devastating miscarriage of justice.”

The civil case has plodded along within the confines imposed by White’s order staying proceedings. There have been a dozen entries on the docket since then, running through April 10, when jury selection was still ongoing in Read’s criminal trial. The last entry was the judge postponing depositions of Read’s parents and sister-in-law until after the criminal trial.

A civil proceeding has a much lower bar for jurors or a judge to find in favor of the plaintiff. While criminal convictions require proof “beyond a reasonable doubt,” civil cases need only a “preponderance of the evidence” — meaning more than 50% certainty — to find in the plaintiff’s favor.

Paul O’Keefe, the younger brother of John O’Keefe, and other members of the family filed a wrongful death lawsuit last August against Read and the two bars where Read and O’Keefe drank just ahead of his death in 2022.

The suit alleges the same events as the criminal prosecutors: that Read and O’Keefe argued into the midnight hour of Jan. 29, 2022; that O’Keefe got out of Read’s vehicle at 34 Fairview Road in Canton; and that Read, “in a state of intoxication,” drove her SUV into O’Keefe, who then “suffered serious injury and died.”

“At all relevant times, defendant Read knew that it was snowing, knew there was an impending blizzard and knew or should have known that leaving JJ (the family nickname for O’Keefe) outside in the blizzard would likely result in serious injury or death,” the suit alleges.

The suit also names as defendants C.F. McCarthy’s and Waterfall Bar & Grill, where Read and O’Keefe drank ahead of the alleged killing. The complaint alleges that the bars “negligently served alcohol to an intoxicated person, namely defendant Read.”

The Boston Herald reached out to the family’s attorney, Marc Diller, on Wednesday for comment on the case — or any comment from the O’Keefe family — but did not receive a response by late Thursday afternoon.

While Read did not testify at her criminal trial, as was her right, the plaintiffs have the power to depose her for this civil trial. And how she handles that can be pivotal, as a misstep could be “very damaging to the defendant in a civil case where the burden of proof is already low,” retired state Superior Court Judge Jack Lu told the Herald Thursday.

Read “probably, but not certainly, retains her Fifth Amendment privilege not to testify. But if she does so the jury is allowed to draw an adverse inference against her,” Lu continued. “If the defendant does not take the fifth and testifies at her deposition, she can be questioned for days about the events. This can be very hurtful for the defense.”

On the other hand, Boston-based defense attorney William Kickham says that Read’s win in the criminal trial could help her.

“Given today’s verdict of Not Guilty on the murder or manslaughter charges, I think the prospect of a win in the civil case will be made extremely challenging,” Kickham told the Herald Wednesday.

With the criminal trial concluded, the civil case can now proceed.