BOSTON — The new attorney appointed to prosecute Karen Read made his courtroom debut in a decidedly swift motions hearing Wednesday in which both sides argued a medley of trial-prep issues.

It was the first time the case has met at Norfolk Superior Court in Dedham since defense attorneys argued in August that two of the three charges against Read — including the charge of second-degree murder — should be dropped in the trial taking place next year.

But just when next year the trial will take place was one of the paramount concerns to attorneys at Wednesday’s hearing, with both sides asking to delay the trial from its tentative scheduled start on Jan. 27 to April. Judge Beverly J. Cannone did not rule on the requested delay but instead took it “under advisement.”

Read, 44, of Mansfield, is indicted on charges of second-degree murder, motor vehicle manslaughter, and leaving the scene of a collision causing death. She is accused of mowing down her boyfriend of two years, Boston Police Officer John O’Keefe, with her SUV and leaving him to freeze and die on a Canton front lawn in the early morning of Jan. 29, 2022.

A trial in that same court ended on July 1 with a hung jury, leading Cannone to declare a mistrial.

Special prosecutor Hank Brennan, who was appointed to the lightning rod case only in September, said that the requested delay isn’t just to allow him to get up to speed.

He said that he would be ready to prosecute on Jan. 27 if Cannone rules to keep the date but believes that it would be in the interest of everyone for all parties to be adequately prepared for the second run-through of a case whose first go ended in mistrial.

“I’m not looking for a personal accommodation, but I think the idea of a motion to continue and a joint request is in the interest not only of justice, but I think, inevitably, I truly believe it’s going to have a more efficient and effective trial,” Brennan said.

He said the additional two months would allow not only his own experts to finish their work, but would allow adequate time for the defense to counter his experts and their conclusions with their own investigations and experts.

Defense attorney David Yannetti agreed with many of Brennan’s arguments and said that his opponent had “been working diligently” at indexing and organizing all discovery in the case. He said the additional prep time the sides ask for would lead to a smoother and fairer outcome.

“I would remind the court that during the last trial we were still receiving reports and some discoverable material as trial was ongoing, sometimes deep into a trial. And we’re really trying to avoid that this time,” Yannetti said.

Argued issues

Cannone took most of the argued issues, including the jointly requested delay, “under advisement” following the roughly 35-minute hearing, meaning she’ll rule on them later. Attorneys argued a few issues other than the trial delay including gaining access to transcripts of the first trial’s sidebar conferences, retesting chips from Read’s Lexus’ infotainment system, and challenging a defense witness.

She did allow attorneys access to transcripts of the sidebar discussions during the first trial, which defense attorneys requested in one of a slew of filings last Friday. Yannetti argued then that without reference to the conferences held during that trial, he and his team will be “unable to properly prepare.”

Yannetti argued Wednesday that the transcripts be “unsealed solely for counsel at this point,” as prosecutor Brennan is working “at somewhat of a handicap” as he wasn’t present at the first trial and doesn’t know the contents of sidebar discussions.

“In fairness to the Commonwealth, we’ve agreed that it just be released to us and then Mr. Brennan can decide if he has a further position regarding unsealing it more than that,” Yannetti said.

Cannone agreed with that and ordered the records unsealed for counsel only and not to the public.

Brennan wants to re-test the chips found in the infotainment system of the Lexus SUV prosecutors say Read used as a murder weapon. He admitted problems with the first round of testing and that his own expert made some mistakes regarding the storage capacity of the system.

“There is a plethora of information on these chips that has not been downloaded,” he said.

Brennan said that the new testing of the chips is “potentially destructive” but that the defense’s expert is welcome to take part as a witness in the testing procedure and that the defense will receive all results.

Finally, the prosecution wants to challenge defense expert Dr. Marie Russell, who testified in the first trial that she believed wounds to O’Keefe’s right arm were from a dog attack. A hearing on that challenge, called a “Daubert” hearing, will take place in December.

Postponed issues

Not discussed Wednesday were defense motions for records from Norfolk District Attorney Michael Morrissey’s personal cell phone and email account, which the defense also asked for in the Friday filings.

The defense argued that Morrissey used his personal devices to communicate inappropriately on the case with court staff and judges as well as material witnesses.

Likewise, the prosecution’s request for similar materials from Read’s father William Read was not argued. Brennan requested William Read’s cell phone records, specifically texts and calls with his daughter in the hours before and after O’Keefe’s death, “to use as potential impeachment evidence depending on the testimony.”

Brennan has also requested the complete recordings behind an Aug. 7, 2023, Boston 25 News segment in which Read’s father William Read, her mother Janet Read, and her brother Nathan Read were interviewed by reporter Ted Daniel.

These issues are expected to be argued when the court next meets on Nov. 26.

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