Karen Read filed a lawsuit against eight men and women who testified against her in either or both of her criminal trials, claiming the defendants conspired to frame her for the January 2022 death of her Boston police officer boyfriend John O’Keefe.
Read sued in state court, claiming civil rights violations.
However in paperwork filed Tuesday, five of those eight defendants, Brian and Nicole Albert, Brian Higgins, and Jennifer McCabe, argue the case should be heard in federal court.
A former federal prosecutor said the move makes sense for both sides.
“Federal courts are more familiar with these statutes than state courts are because they’re all federal violations that she’s accusing these individuals of, of defaming her and violating her civil rights,” said Even Gotlob, a former federal prosecutor.
Read’s staunch army of supporters was showcased when she was acquitted of most all of the criminal charges she faced. Her attorneys may believe they have a better shot at a fair trial in federal court, where jurors can live anywhere in the state.
“I think it benefits the defense because the jury pools are wider,” said Gotlob.
While the court filing did not include requests by three of the defendants, fired former state trooper Michael Proctor, his former supervisor Sergeant Yuri Bukhenik, and Lieutenant Brian Tully, a lawyer for the five civilians indicates he has contacted their lawyers and believes they are in agreement with the request to have the case heard in federal court.
Gotlob said he believes Read’s past trials will benefit her civil case.
“We always tell clients that are going after somebody civilly if you have a criminal prosecution, it helps you a lot,” said Gotlob. So the fact that she’s going after these individuals who tried to criminally prosecute her helps her a lot because they found that she didn’t do anything wrong in the criminal trial.”
The case has been assigned to Chief Judge Denise Casper, who sentenced Whitey Bulger after his conviction.
Read’s team has not filed any documents opposing the transfer.
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