Glossary

The electronic module inside a vehicle that controls airbag deployment and, as a side effect, records a short window of crash-related data — speed, braking, steering, throttle — in the seconds before and after a triggering event. Read's Lexus ACM data was central to the crash-reconstruction testimony and the contested 24 mph reverse speed.

A verdict of not guilty. An acquittal bars the government from retrying the defendant on the same charge under the Double Jeopardy Clause. Read was acquitted of manslaughter and leaving the scene at Trial 2.

A warning or instruction from the judge to the jury. Common admonitions include instructions not to discuss the case, not to consume media coverage, and to disregard stricken testimony.

Accident Reconstruction and Crash Consulting Associates — the engineering firm retained by the defense. ARCCA experts testified that the ACM data and Read's vehicle damage were inconsistent with striking O'Keefe. A central defense pillar in both trials.

A private discussion between the attorneys and the judge at the bench, outside the hearing of the jury. Also called a sidebar. Initiated when an attorney needs to raise an issue — typically an objection with legal argument — that the jury should not hear.

The standard of proof required for a criminal conviction. The prosecution must prove each element of the crime such that a reasonable person would have no reasonable doubt as to the defendant's guilt. The highest standard of proof in American law.

Evidence favorable to the defense that the prosecution is constitutionally required to disclose. Named after Brady v. Maryland (1963). Includes exculpatory evidence and information that could impeach prosecution witnesses. Allegations of Brady violations were a recurring theme in the Read defense.

The 911 and radio dispatch logging system used by police and emergency services. CAD records include call timestamps, unit assignments, and officer narratives. CAD logs from Canton Police and the fire department figured into the timeline of the morning O'Keefe was found.

The documented trail showing the seizure, control, transfer, and analysis of physical evidence. Each person who handled the evidence must be accounted for to establish that it was not tampered with. Chain-of-custody challenges were a major defense theme, particularly around blood-alcohol samples and the plastic Solo cup.

The judge's private office, adjacent to the courtroom. In-chambers conferences are held off the record or on a separate record, away from the jury and public. Used for sensitive matters or extended legal argument.

Evidence that requires an inference to connect it to a conclusion of fact. Contrasted with direct evidence, which proves a fact directly. Legally, circumstantial evidence carries the same weight as direct evidence — a criminal conviction can rest entirely on it.

Final statements by each side summarizing the evidence and arguing how it supports their case. Not evidence itself. In Massachusetts, the defense closes first and the prosecution closes last.

The government in a Massachusetts criminal case — the equivalent of "the State" or "the People" in other jurisdictions. Formally, cases are captioned Commonwealth v. [Defendant]. Bears the burden of proof.

Questioning of a witness by the opposing party after direct examination. Generally limited to the scope of direct examination. Leading questions are permitted. The crucible of the adversarial process.

Records from a mobile carrier showing which cell towers a phone connected to and when — used to place a device in a general geographic area over time. CSLI and related phone-forensic evidence from McCabe's and O'Keefe's devices were central to reconstructing the timeline of the night of January 28-29, 2022.

A pre-trial hearing to determine whether proposed expert testimony is sufficiently reliable to be presented to the jury. Named after Daubert v. Merrell Dow Pharmaceuticals (1993). Massachusetts applies a functionally similar gatekeeping standard (Lanigan). Crash-reconstruction and digital-forensics experts were the subject of admissibility fights in both Read trials.

The person accused of a crime. Presumed innocent until proven guilty beyond a reasonable doubt. Karen Read was the defendant in both trials.

The initial questioning of a witness by the party that called them to testify. Leading questions are generally not permitted on direct. The purpose is to elicit the witness's testimony in a clear narrative.

The Fifth Amendment protection against being tried twice for the same offense. After Trial 1 ended in a mistrial with a hung jury, the second-degree murder charge was dismissed before Trial 2 on double jeopardy grounds — jurors from the first trial had reported they had unanimously rejected the murder charge before deadlocking on the others.

The generic term for the "black box" in a modern vehicle that records pre- and post-crash parameters. On Read's Lexus, the relevant module is the Airbag Control Module. Extraction is done with a Crash Data Retrieval (CDR) tool.

A witness qualified by knowledge, skill, experience, training, or education to offer opinion testimony. Must be qualified by the court before offering opinions. Distinguished from lay witnesses, who may only testify to facts they personally observed.

The constitutional privilege against self-incrimination — a witness may refuse to answer questions whose answers could subject them to criminal prosecution. A witness who "takes the Fifth" is not drawing an adverse inference against themselves in a criminal case. Witnesses invoked the Fifth at various points during the Read proceedings.

The preliminary evidence required before other testimony or exhibits can be admitted. Establishes that evidence is what it purports to be — that a witness has personal knowledge, that a document is authentic, that a chain of custody is intact. A frequent basis for objection.

A body of citizens that reviews evidence presented by the prosecution to determine whether there is probable cause to charge someone with a crime. Grand jury proceedings are secret; the target has no right to present evidence or cross-examine witnesses. Read was indicted by a Norfolk County grand jury.

An out-of-court statement offered to prove the truth of the matter asserted. Generally inadmissible because the declarant is not available for cross-examination. Subject to numerous exceptions (excited utterances, business records, dying declarations, statements against interest, and others).

A misspelled Google search — "hos long to die in cold" — that the prosecution alleged was run by Jennifer McCabe at 2:27 a.m. on January 29, 2022. The defense argued the search was actually run hours later, after O'Keefe's body had been found, and that the earlier timestamp was a forensic artifact. The dispute over when this query was made occupied days of expert testimony in both trials.

A witness declared antagonistic to the party that called them. The calling party may then use leading questions on direct examination, which is normally permitted only on cross.

A jury that cannot reach the unanimous verdict required for a criminal conviction or acquittal after extended deliberation. Results in a mistrial. Trial 1 ended in a hung jury after 27 hours of deliberation across five days.

To challenge the credibility of a witness. Methods include prior inconsistent statements, bias, motive to lie, prior convictions, or contradicting testimony with other evidence. Impeachment was central to the defense attack on several Commonwealth witnesses.

A formal written accusation issued by a grand jury charging someone with a crime. Required for felony prosecutions in Massachusetts Superior Court.

Directions given by the judge to the jury before deliberation explaining the applicable law, the elements of each charge, the burden of proof, and how to evaluate evidence. Both sides propose instructions for the judge's consideration.

A non-expert witness who testifies from personal knowledge and observation. May offer opinions only if rationally based on perception and helpful to understanding their testimony.

A question that suggests the desired answer ("You were at the house that night, weren't you?"). Generally prohibited on direct examination, permitted on cross.

A trial terminated and declared void before a verdict. May result from a hung jury, juror misconduct, or a fundamental error that cannot be corrected. A new trial may follow. Trial 1 ended in a mistrial on July 1, 2024.

A pre-trial motion asking the court to rule on the admissibility of evidence before it is presented to the jury. Used to keep prejudicial evidence from being mentioned in front of jurors. The judge may grant, deny, or defer ruling until trial.

A request to exclude evidence from trial on the grounds it was obtained in violation of the defendant's constitutional rights — typically via unlawful search, seizure, or interrogation.

A formal protest during trial challenging a question, answer, or exhibit as improper under the rules of evidence. The judge rules "sustained" (agreeing) or "overruled" (rejecting it). Common grounds: hearsay, relevance, foundation, leading, speculation, asked-and-answered.

The initial presentation by each attorney at the start of trial outlining the evidence they expect to present. Not evidence itself. The prosecution opens first; the defense may follow immediately or reserve its opening until the start of its case.

The judge's ruling rejecting an objection. The question, testimony, or exhibit is allowed. Opposite of sustained.

An earlier statement by a witness that contradicts their current testimony. Used to impeach credibility. The witness must be given an opportunity to explain the inconsistency.

An offer of proof. When evidence is excluded, the attorney may make a proffer — describing what the evidence would have shown — to preserve the issue for appeal. Also used to preview expected testimony for the judge outside the jury's presence.

The government attorneys who bring criminal charges and present the case against the defendant. In Massachusetts, the prosecution represents "the Commonwealth." Bears the burden of proof beyond a reasonable doubt.

A second round of cross-examination following redirect. Limited to matters raised on redirect. Permitted at the court's discretion.

Questioning by the calling party after cross-examination. Limited to matters raised on cross. Used to clarify or rehabilitate testimony challenged on cross.

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable. All relevant evidence is generally admissible unless excluded by a specific rule. Relevant evidence may still be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.

A secure, controlled vehicle entrance to a police station or jail facility — typically two gates that cannot be open simultaneously. The Canton Police sally port was where Read's vehicle was examined after O'Keefe's death; chain-of-custody and unsupervised-access issues there became a recurring defense theme.

To isolate jurors from outside contact during a trial to prevent exposure to media coverage or outside influence. The Read juries were not sequestered but were given strong admonitions.

A conference at the judge's bench between the attorneys and the judge, outside the hearing of the jury. Used to discuss objections, legal issues, or procedural matters the jury should not hear. Often accompanied by a white noise generator to mask the conversation.

A formal agreement between opposing parties on a fact or procedure. A stipulated fact is accepted as true without requiring proof. Saves trial time by eliminating the need for evidence on undisputed matters.

Testimony or evidence the judge orders removed from the record. The jury is instructed to disregard stricken testimony — a famously imperfect remedy.

A court order requiring a person to appear in court to testify or produce documents. A subpoena duces tecum specifically requires the production of documents or records. Failure to comply may result in contempt.

The judge's ruling upholding an objection. The question must be rephrased or withdrawn; any answer given may be stricken. Opposite of overruled.

The jury's formal finding on each charge. Must be unanimous in a criminal case. In Trial 2 the jury found Read not guilty of manslaughter and leaving the scene, and guilty of operating under the influence.

The process of questioning prospective jurors to determine their suitability to serve. Attorneys may challenge jurors "for cause" (showing bias or inability to be impartial) or use a limited number of peremptory challenges. Jury selection in both Read trials took multiple days and drew heavily on the case's extensive pretrial publicity.

Preliminary examination of a witness to determine the admissibility of their testimony — most commonly, to establish an expert's qualifications before they offer opinion testimony. Conducted outside the normal flow of direct examination.