Karen Read's lawyers can try to argue 'third-party culprit defense' involving Brian Albert, Brian Higgins

Rick Sobey, Boston Herald on Mar 31, 2025

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BOSTON — Karen Read’s lawyers will be allowed to try to argue that others killed Boston cop John O’Keefe and then framed their client for the Canton murder, the Norfolk County judge ruled ahead of the Read retrial this week.

Judge Beverly Cannone on Monday ruled that Read’s attorneys can raise a third-party culprit defense during the trial.

Her defense team has named three people who they believe could be involved: Brian Albert, a retired BPD sergeant who owned the property that was the site of O’Keefe’s death; Brian Higgins, an ATF agent and Albert’s friend who was there that night and has romantic interest in Read; and Colin Albert, Brian Albert’s nephew, who the defense argues had beef with O’Keefe.

Read’s team will be able to raise the third-party culprit defense involving Brian Albert and Brian Higgins, but not with Colin Albert.

“The defendant is not prohibited from raising a third-party culprit defense as to Brian Albert and Brian Higgins at this time,” Cannone wrote. “Counsel cannot mention potential third-party culprits in opening statements but will be given the opportunity to develop the theory through relevant, competent evidence at trial.”

Read, 45, is accused of striking O’Keefe, her boyfriend of two years and a 16-year Boston Police officer, with her car and leaving him to die in a major snowstorm on the front lawn of 34 Fairview Road in Canton.

Her defense team has been arguing that others killed O’Keefe and then pinned his death on Read.

“As to Brian Albert and Brian Higgins, the defendant’s proffer is barely sufficient, and the history of the first trial casts doubt on the seriousness of the claim,” Cannone wrote.

“However, to protect the defendant’s right to a fair trial, and in recognition of the fact that the defendant has no burden to prove anything under our law, the court will take the same incremental approach as it did the first trial: defense counsel are ordered not to mention potential third-party culprits in opening statements, but counsel will be allowed to develop the evidence at trial if possible, and counsel may seek an appropriate instruction, if warranted, after the evidence is concluded,” the judge added.

But as far as Colin Albert, Cannone ruled that it’s “insufficient to support a preliminary finding” that he had the motive, intent, and opportunity to commit the crime.

Evidence at the first trial showed that Colin Albert had already been picked up by the time O’Keefe and Read arrived at 34 Fairview, according to Cannone.

The first Read trial ended in a mistrial last year. The retrial is set to start on Tuesday.

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