Judge Cannone Denies Read Mistrial Motion Rooted in Dog DNA Evidence

A Norfolk Superior Court judge denied a defense motion for a mistrial with prejudice in the second-degree murder retrial of Karen Read on June 3, as a dispute over the absence of canine DNA on victim John O'Keefe's clothing threatened to derail proceedings. Judge Beverly Cannone rejected the defense's motion for a mistrial after testimony from a defense expert witness opened a line of cross-examination that Read's legal team argued was prejudicial and inadmissible.

The evidentiary dispute arose during cross-examination of defense expert Dr. Marie Russell, a retired emergency room physician and forensic pathologist. Russell testified that markings on O'Keefe's arm were caused by dog bites and scratches, supporting the defense's claim that O'Keefe was attacked by a dog and beaten by other parties before being thrown out into the snow the night of the murder. Special prosecutor Hank Brennan then asked Russell about the absence of animal DNA on O'Keefe's sleeve, prompting defense attorney Robert Alessi to object, arguing the prosecution had not called a witness to address the absence of dog DNA on O'Keefe's sweatshirt. Prosecutors, for the first time in this trial, admitted O'Keefe's sweater into evidence and cited a forensics report showing no evidence of dog DNA. Testing revealed that holes in the arm of O'Keefe's sweatshirt were swabbed for DNA, but no dog DNA was found, only pig DNA, for which there was no explanation.

The defense moved immediately for a mistrial with prejudice, contending the prosecution's introduction of the DNA finding was an irreversible harm. The defense said there had been no mention in the trial about DNA and the dog bite, and argued that raising the subject while questioning Russell had prejudiced the jury. Alessi told the court the damage could not be undone by a jury instruction, according to Axios Boston ^[1]. Brennan countered by insisting that Russell had brought up the absence of DNA during her own testimony, thus opening the door for the line of questioning. Prosecutors also claimed they had always planned to bring an expert to discuss DNA on rebuttal and argued that asking the defense's witness about the presence of dog DNA was permissible and essential.

Following a morning recess, Judge Cannone ruled against Karen Read's defense team's request for a mistrial with prejudice. The judge ruled that DNA-related questions could continue. This was the second mistrial request the defense had argued for since the start of Read's second trial. The ruling allows the prosecution to continue challenging Russell's central opinion before the jury.

The dog bite theory is a cornerstone of Read's broader defense narrative. Her lawyers contend that O'Keefe was beaten inside the home, bitten by a family dog, and then left outside as part of a conspiracy by police that included planting evidence against Read. The Albert family, who owned the home on Fairview Road at the time O'Keefe died, had owned a German Shepherd named Chloe, who became a target for speculation during Read's first trial, with Read's attorneys suggesting the dog could have attacked O'Keefe. Read is charged with second-degree murder, manslaughter while operating a motor vehicle under the influence, and leaving a scene of personal injury and death. Her first murder trial ended in a mistrial after the jury was unable to reach a verdict. The retrial, now in its seventh week in Dedham, Massachusetts, continues.

References

[1] Axios Boston. (2025, June 3). No Karen Read mistrial over dog bite DNA. https://www.axios.com/local/boston/2025/06/03/karen-read-dog-bite-dna-mistrial

[2] ABC News. (2025, June 4). Judge denies Karen Read another mistrial in killing of boyfriend. https://abcnews.com/US/judge-denies-karen-read-mistrial-killing-boyfriend/story?id=122456164

[3] Fox News. (2025, June 3). Karen Read trial: Police witness blasts hole in cracked taillight theory. https://www.foxnews.com/live-news/karen-read-retrial-day-26-june-3-2025

[4] Associated Press via News Center Maine. (2025, June 3). Karen Read: Dog bite expert testifies, judge denies mistrial. https://www.newscentermaine.com/article/news/local/courts-news/karen-read-dog-bite-expert-testifies-judge-denies-mistrial/97-410bc64d-6a09-48f9-9de0-6bc53cb84f60

[5] CNN. (2025, June 16). Karen Read retrial: Key witness testimony in retrial for death of John O'Keefe. https://www.cnn.com/2025/06/16/us/karen-read-retrial-key-testimony