Reply to Anybody following the Karen Read trial in Boston?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Even though the standard of proof is lower in the civil trial, the O’Keefe’s will have a tougher time prevailing over Karen now that there is so much evidence available that John was not hit by a car.

I wonder if they’ll try to settle with Karen’s insurance company rather than go to a trial, now that they’ve seen the compelling evidence. They could walk away with nothing if the civil trial jury sees the evidence the same way this jury did. 
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Her insurance won't give them anything.  She didn't cause his death.  What exactly would they be settling?  There is no way they should pursue this any longer.  They will lose and waste a ton of money. [/quote]

They’re probably counting on the standard of proof being lower in a civil court. There’s so much evidence now that John O’Keefe wasn’t even hit by a car that it might be difficult to get over even that low bar. Sadly, they could end up spending a lot of money on lawyers and end up with nothing. 
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Wrongful death cases are often done on a contingency fee basis, like personal injury and medical malpractice.

Beyond that, I think that there are plenty of members of the Commonwealth Bar who would happily represent the O'Keefe family at reduced rate or even pro bono in their civil case, for the chance to be the Daniel Petrocelli of this case who brings justice to a murder victim where the prosecution failed. [/quote]

The thing is, if they use the same evidence as they used in the criminal trial, it will be obvious to the jury that John O’Keefe was not hit by a car, so what would be the point of having brought suit against this particular defendant? Any jury that sees the same evidence is very likely going to come to the same conclusion as this jury just did.

I realize that the family feels very strongly that Karen Read is the person who killed Mr O’Keefe, but over time, it’s possible that they might have to examine the evidence and accept that John was not hit by a vehicle. Wherever John is, if you believe in an afterlife, you have to wonder how he might feel about people he loved suing someone he had loved. 
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It is not obvious that he wasn't hit by the car. There is plenty of evidence that he was, even if they couldn't replicate his injuries - too many variables. Not to mention the Techstream and phone data (and her words and actions) that everyone seems to be overlooking. [/quote]

The Techstream data does not show that the vehicle hit anything and the timestamps had some variance depending on who was interpreting them. The Techstream data exists for mechanics working on the car; it wasn’t created for the purpose of accident reconstruction.

The medical evidence indicates that the injuries were not caused by a vehicle. Hard to hold KR liable if he wasn’t injured by a vehicle.  
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