Defense attorneys for a woman accused of causing the death of her Boston police officer boyfriend are expected to argue for the dismissal of two charges in the case. The incident in question occurred when the woman allegedly rammed into the officer with her SUV and left him for dead in a snowstorm in January 2022.
The trial ended in a mistrial after jurors declared they were deadlocked on the charges. The defense now contends that four jurors have stated the jury reached a unanimous not guilty verdict on two of the charges, making a retrial on those charges unconstitutional double jeopardy.
One juror reportedly mentioned that there was no belief that the woman hit the officer intentionally. The defense also argues that the mistrial declaration was abrupt and did not allow for proper questioning of jurors regarding their positions on each charge.
Prosecutors have dismissed the defense's claims as unsubstantiated and based on hearsay. However, they did acknowledge receiving communication from individuals claiming to be jurors, but stated they were ethically prohibited from discussing jury deliberations.
The defense is pushing for a post-verdict inquiry to establish a record of the jury's alleged unanimous decision on the two charges. Prosecutors, on the other hand, argue that the defense had opportunities to object to the mistrial declaration but remained silent, thus removing any double jeopardy bar to a retrial.
The case involves the death of the police officer, who was found outside a colleague's home and later determined to have died from hypothermia and blunt force trauma. The defense maintains that the officer was killed inside the home and that the woman was framed due to being seen as an outsider.
