Wrongful Death Lawsuit Filed Against Karen Read

killing is girlfriend Jessica goodridge her body was found near a truck stop but before we get to any ♪ of that we want to pass along a little breaking. Out of the state of Massachusetts in the Karen Reid case. She of course is accused of. Backing up her SUV into a Boston police officer boyfriend leaving him to die in the snow the family of John o'keefe has just filed a wrongful death lawsuit against Karen Reid along with the waterfall bar and CF mccarthy's bar you remember that before this they were out drinking at both of those 2 establishments it was alleged during the first run of the criminal trial that Karen Reed head down up to 9 drinks. This comes after the ruling on Friday by that judge in her murder case that she can be reached tried on all 3 charges. The defense wanted to be rid of those top charges the top one, especially but the top to that they claim the jury actually did come to a decision on but Judge Beverley can ony sided with the state so here's where we stand her new trial set for January ♪ of next year that's where it is now. The defense is going to appeal that ruling by Judge can only in terms of those top 2 charges so that may get pushed. They didn't pull the trigger though on this wrongful death lawsuit, let's bring in in Denver, Colorado. Erik Fattah says criminal defense attorney and former prosecutor this move what's your take on this move at this time a lot of times ♪ the up parties wait for the criminal. Process to finish it gives them more in ammunition if the individuals found guilty. They are going now after after Karen Reid C F mccarthy's and the waterfall restaurant. Next at this point before the second trial, your thoughts on the strategy. >> Yes, it does like you said it makes sense to bring it after a criminal case where there's actually conviction because then you have I really like to stand on you have all this additional evidence you have some leverage. It's a moment sure that they don't exactly have that on the civil side but it certainly makes sense to bring the claim there is a lesser standard they would have to be on the civil side, so even if the standard was not met in the criminal trial. They've got a better chance in the civil case. >> And we saw that play out in the OJ Simpson case years. >> Go where he was able to beat the murder charges in criminal court. But lost in civil court to the Goldman family. >> also might. The because this has been so contentious this case from both sides people have leaned into it and. By filing this will this give the. Court of public opinion more ammunition may as the civil side of this track starts to push through because to your point is it's a different burden but also there's going to be different. Discovery that will likely come in and be honed in on your thoughts on that Powell Tate change the complexity of the area they're up and Masters and frankly the country who's been following every moment of this case. >> I think there are a number of ways that it could change the next one is on the civil side. You opportunities to gather information that you don't always get on the criminal you know I care Reid's attorneys and the prosecutors cannot as sub service appeal, someone and and fully interview them where is on the civil side they can so I imagine they're going to be additional depositions. They're going to be additional were called in or on the Tories a request for admissions that are probably we're going to bolster the prosecution's case and could be used in the subsequent criminal Trott and. >> So this civil action can actually produce potential discovery that we could see in January or some point next year. I'm just by the process. It's South like if she's deposed if that the bartender at the waterfall or see if McCarthy. More information that then could likely come in right by the state the Commonwealth would then have the green light. >> Yeah that's right it will take the bartender for example on the criminal side that there was no real legal mechanism to force Kim to give information before the jury tree in a criminal contacts were on the civil side they could just subpoena him and question him about nearly anything under the sun and get that information that as and Copa Tory evidence that they might have against your read there could also be what's called exculpatory evidence or ever it's 10 to indicate, she's not guilty. So it really could change the One way or the other. >> What about timing this civil case, you know just filed It's what how in with your experience would you think this. How long does it take where let's think ahead is this landing sometime next year is it still. >> Years away from the conclusion. You know most civil cases never sniff a courtroom there always played out and there's an insurance companies involved especially when you have 3 defendants here you've got to restaurants and Karen Reid at how give us a sense for the rules of the road in and how things map out typically in the civil litigation. >> Certainly so usually the civil side kind of fronts. Perry well to the product to the criminal side of things. But on the civil side there there will be things that they cannot do as well so if they try to depose Karen Reid still has a 5th Amendment right to not incriminate herself with the subsequent criminal trial so she might not give up any additional helpful information and then the terms of the timeline I'm wondering if they were coming up against the statute of limitations or something like that such that on the civil side, they have to file that claim now and get things moving. But certainly attorneys in both of those arenas will be watching very closely. What ♪ happens in the other and seeing how they could use it for their respective cases. >> I make sense and I I do think there's 2 probably frustration level from the family after that you know the mistrial the first time around that they are seeking justice in each and every form and there you see John o'keefe who is named as the lead plaintiffs in the civil case, what Eric while we have you on the subject is your take on this other issue that's playing out. Judge can only says no this Commonwealth can still file the murder 2 against Kerry, even though the defense seems to have very credible evidence Commonwealth even also received communications from jurors that the jury had come to a unanimous verdict on 2 of the 3 charges and that verdict was not guilty. >> No I think the judge could be on questionable grounds that because even when there is a mixed verdict or or not for Dick don't history. Well if the jury did come to a unanimous verdict on a number of the charges. That's the end of it that that there that's double jeopardy says she cannot of the Constitution be prosecuted again for crimes for which a jury ultimately found her not guilty that was their formal not guilty finding there was and so the appellate court's going to wrestle is there enough here. The defense is showing us to throw out these top charges or not Trump court judge said no appellate court judge will see. >> Yeah and the and. >> Whoever was going to lose that first round likely was going to. >> Bump it up so a judge knee won't be the last word one could assume now we haven't heard that they. Appeal that yet, but one would think that that is and so that January day is likely in flux for her retrial she is out on bail during this time period so for the defense really time is on their side I did the longer things drag out the better for the defense that's typically you know what. The strategy because everything fades over time and including witness recollection. Cetera your take overall on the this case when you look at. Cases that are to get some notoriety they there as you know there on Court TV and people watch it for a little bit and there. >> You see people get invested in oh absolutely our viewers are invested in most of the cases. But this was different this was different for so many reasons the investment level is off the charts you bring up Karen Reid and and you're going to have 2 different opinions with the exact same evidence and that just people see it differently. What is it about this case. >> Eric and your opinion of why we're that her a civil trial civil case has been filed as breaking news and courts to why because people are interested in care Henry. >> I hear that and the case has been very polarizing no question about you know I think a lot of societal pressure on all sides now because it's such a well-known case, the police are saying hey we've got another shot at this we've got to take it because everyone's watching and where is it Reid supporters are saying they're really going to go after her again after after they essentially didn't win the first time that's that's ludicrous. And so I think that you know part of that comes down to press the state overcharged it a little bit perhaps of the state was made on your respect af and perhaps that there's some stuff going on behind the scenes so it's got so so many moving parts corruption Police departments and I think that has really really all of America is watching this case. >> And it is a fascinating case that's an So again the breaking news at this hour there has been a civil case filed against Karen Reid also against CF mccarthy's in the waterfall those ♪ 2 restaurants where Karen Reid and John were. And they the o'keefe family is filed a lawsuit against