Mere minutes after a mistrial was declared Monday within the controversial Karen Learn homicide case, prosecutors introduced they plan to re-try the case. A listening to is already set for July 22 to begin to decide how that course of will transfer ahead.
However what would possibly a second Karen Learn trial seem like, and the way might it differ from the primary? Our authorized specialists did a deep dive on this throughout Monday’s episode of “Canton Confidential,” even answering some viewer questions on what to anticipate.
“I am not stunned they’ll re-try it,” mentioned Katherine Loftus, a Boston legal professional with Loftus & Loftus PC. “The commonwealth believes Karen Learn is responsible. And you’ve got the skin secondary situation, actually they have been accused — the workplace itself, regulation enforcement, all people concerned — of this cover-up, so I believe they’ve kind of a two-fold aim of the subsequent case.”
However she mentioned she expects to see a really totally different case the second time round.
“I do assume they should shorten it,” Loftus mentioned. “I believe that one of many many issues the commonwealth had was they actually targeted an excessive amount of on the protection idea. I believe they should actually on the entrance finish perhaps name a number of witnesses, oen or two poliec officers, one or two civilians. It is all of the extras that we do not want. Concentrate on the proof, what the power of their case is.”
She additionally mentioned she would not be stunned if a particular prosecutor is introduced in to help Assistant District Lawyer Adam Lally.
“You want somebody stylistically, somebody to go toe-to-toe with whoever it is going to be — David Yannetti, who is aware of if Alan Jackson goes to remain on. Clearly, as you mentioned, it prices some huge cash to re-try a case like this.”
“I believe each side are going to take a while, tweak what they did the primary time round and we’ll see which manner it comes out.”
Sue O’Connell, NBC10 Boston commentator and analyst, agreed that specializing in the proof can be key to the prosecution’s case within the second trial, since that is what jurors appeared most involved in.
“One factor we all know the jurors reviewed — they needed to know extra in regards to the SERT search, the gathering of proof on the Alberts’ property,” she mentioned. “We all know lots of stuff they did not appear to care about simply because they did not ask for more information or search extra data. So I believe that is a clue, to your level, that each one this different defending of alleged different folks they did not learn about did not appear to attach with them. It was in regards to the proof.”
The homicide trial of Karen Learn ends in a mistrial, because the jury couldn’t give you a unanimous verdict. Whereas this particular in opposition to Learn could also be over, her authorized street is much from over. And this morning, there’s new fallout within the aftermath of the choice.
However what if there’s one other mistrial? What number of occasions can the case be re-tried?
“As many because it takes until they get a verdict,” mentioned Michael Coyne, dean of the Massachusetts College of Legislation. The actual fact is what we’ve got here’s a mistrial after one. They will strive her once more. As a sensible matter, they are not going to strive her until the tip of time, however they are going to in reality seemingly proceed to strive her till they attain a verdict in some way.”
One other situation will seemingly entail discovering an neutral jury, given how a lot consideration the case has obtained. However Loftus mentioned she does not assume that can be a serious concern.
“I believe it is fascinating, as a result of we truly had this similar dialog about selecting a jury in April. Individuals had been so certain they could not choose a jury.”
“I believe folks can be stunned,” Loftus added. “For all of us consumed by this, following it day by day, it looks like there is no manner you possibly can discover jurors who do not know something about this. However I believe, in reality, I believe you possibly can discover a truthful jury. It’d take a little bit bit extra time, you might need to undergo 200-300 such as you did the primary time.”
She mentioned it is also doable that the venue may very well be moved, or jurors may very well be taken from one other county. However she does not assume that can in the end be mandatory.
“I do not assume will probably be an issue discovering it,” Loftus mentioned. “It’d simply take a little bit extra work.”