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Karen Read Update: Prosecutors seek new information; Judge Cannone is given a special assignment
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Karen Read Update: Prosecutors seek new information; Judge Cannone is given a special assignment

That Karen Read pending a decision by the state’s highest court on her double jeopardy appeal, prosecutors in her criminal case continued to seek new evidence as they prepare for a second trial.

In a motion filed Wednesday, Special Assistant Prosecutor Hank Brennan sought a court order to compel Boston Magazine reporter Gretchen Voss and the publication to provide prosecutors with the full audio recording of all interviews between Voss and Read, all of Voss’s notes. — including off-the-record material and emails, texts and voicemails between the two.

Before Read’s first criminal trial, prosecutors sought similar records, but were provided only on the recording material between Voss and Read. Judge Beverly Cannone also denied prosecutors’ efforts to obtain Voss’ handwritten notes.

But after reviewing the evidence, Brennan argued that prosecutors should be entitled to more information and asked the court to reconsider its earlier order.

“The Defendant made repeated tactical admissions outside of Court regarding her activities on the evening of January 28 and the early morning of January 29, 2022,” Brennan wrote. “The defendant’s statements to Voss are not protected by any privilege, and there is no statutory basis to limit the Commonwealth’s right to all of the defendant’s statements to Voss.”

Voss sat down for three interviews with Read: on June 20, 2023, July 13, 2023, and a third, unspecified time on which he did not record the interview. Prosecutors were provided redacted audio of the first two interviews before the first trial.

But Brennan wrote that the audio of the July 13 interview was “tainted” by about 100 redactions, which came during discussions and admissions about issues critical to the criminal case. Many of the interviews also include interjections from Read’s lawyers. When the recordings were resumed, the subject had often changed, he wrote.

The motion cites several instances where Read talked about how much she had to drink the night her boyfriend, John O’Keefe, died. In some cases, her admission to Voss contradicts what she has said in other media interviews, including on “20/20,” Brennan writes.

“Without complete unredacted audio of all defendant and participant statements, the Commonwealth will be unfairly barred from obtaining and providing the jury with relevant evidence that places defendant’s admissions in full context,” the filing states.

Read’s statements to the magazines are “substantial evidence,” Brennan claims. Read’s interviews could contain both incriminating and salutary statements, and the category into which her statements fall should have no bearing on their disclosure.

The redacted portions of the interviews likely contain “panel discussions” about topics of particular interest to prosecutors, Brennan writes.

Massachusetts does not have a “recognized reporter’s privilege” that would protect Voss from having to turn over off-the-record comments Read made during interviews, the filing said.

The interviews in question do not refer to an anonymous or confidential source — there is no doubt that Read was the interviewee or who made the off-the-record statements, Brennan writes.

“Defendant cannot use a media strategy to publicize and promote her claims to the general public and potential jury while pleading for inflammatory statements and admissions that are not favorable to her,” the filing states.

Brennan’s renewed effort to obtain the records from Boston Magazine mirrors other motions she has filed regarding cell phone records from Read’s father, William, and records of an interview between Read and her family Boston 25 News.

Prosecutors appear to be making a concerted effort to construct a narrative of the night of O’Keefe’s death, using in part Read’s statements.

Also Wednesday, Michael Ricciuiti, the state’s chief justice, issued a special assignment order for Judge Beverly Cannone, who oversaw Read’s first trial.

Cannone is assigned to hear the case for “all purposes,” Ricciut’s order said. “In future filings, the parties will obviously note … that the case is specifically assigned to Judge Cannone.”

A hearing on several motions in Read’s case is set for Nov. 13. Read’s second trial is scheduled for January, though prosecutors and her defense have asked for it to be delayed until April.

Read is accused of intentionally hitting O’Keefe with her SUV after she left it outside a Canton home during a blizzard in January 2022 after a night of drinking.

Prosecutors say the couple’s relationship was falling apart and Read left O’Keefe to die in the cold.

But Read’s lawyers say she is the victim of a law enforcement conspiracy and that O’Keefe was beaten to death in the Canton home before his body was planted outside.