PLYMOUTH, MASS. (WHDH) – The family of late Boston police officer John O’Keefe argued in court Monday to start a civil case against Karen Read before her murder retrial in January.

O’Keefe’s family filed a wrongful-death lawsuit in August, suing Read for his death, as well as two Canton bars they say were overserved. Read The Night O’Keefe Died.

O’Keefe’s mother and brother were at Plymouth Superior Court on Monday, but Read herself was not. Earlier this month, Read’s legal team filed a motion asking the judge to delay the civil trial until after her second criminal trial. Her first trial this summer ended with a hung jury.

Read is accused of running over and killing O’Keefe, her boyfriend at the time, with her SUV and leaving him to die in the snow after a night of drinking. Her defense claims she was framed.

Read’s lawyers have previously argued that if the civil case goes ahead soon, her statements could then be used against her in the criminal case.

However, lawyers for the O’Keefe family argued Monday that there was no reason for Read to be unavailable for the civil trial. They pointed out that Read was available to sit for network news interviews and public appearances, arguing that Read should also do time to be dismissed for the civil case.

The judge has not yet decided when the civil case can proceed.

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