Person Beverly J. Cannone Trial 1Trial 2Norfolk Superior Court judge who presided over Karen Read’s trial and retrial. ← All People
⚖️ Judge · Norfolk Superior Court

Beverly J. Cannone

Courtroom still of Beverly J. Cannone.

Norfolk Superior Court judge who presided over Karen Read’s trial and retrial.

Trial 1Trial 2
12,674 lines 827 proceedings 2 trials

About

Beverly J. Cannone presided over Karen Read’s 2024 trial and 2025 retrial in Norfolk Superior Court. She instructed jurors on the burden of proof and ruled on disputes over discovery, evidence and the scope of expert testimony. In the first trial, Cannone found a reciprocal-discovery violation concerning defense expert Dr. Marie Russell but permitted her to address whether an animal attack caused marks on John O’Keefe’s right arm. She barred Russell from offering opinions that the marks were inconsistent with a vehicle strike, road rash, glass or taillight material. When jurors remained deadlocked after supplemental instructions and reported that further deliberation would be futile, Cannone declared a mistrial. In the retrial, Cannone found repeated and deliberate discovery violations involving defense experts from ARCCA but allowed them to testify to previously disclosed opinions, with cross-examination and the possibility of further relief after a pending report. She permitted prosecution expert Dr. Judson Welcher to give opinions about whether the evidence was consistent with a collision involving a Lexus, but barred him from concluding that Read’s specific Lexus struck O’Keefe, leaving that inference to the jury. After the jury acquitted Read of murder and leaving the scene and convicted her of the lesser-included offense of operating under the influence, Cannone sentenced her to one year of probation and the 24D program.

Trial Record (827)

827 proceedings

Trial 1 First Criminal Trial Apr 29, 2024 – Jul 1, 2024 545 proceedings

Day 1

Procedural Jury Sworn and Preliminary Instructions 3 highlights 9 lines spoken
Summary

Jury sworn; court gives preliminary instructions before the Commonwealth's opening.

Highlights (3)
Quote

“The fact that she was arrested or that she was indicted is not proof of anything.”

The judge emphasizes that the charges are accusations and that the defendant remains presumed innocent.

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Key Moment

Judge Cannone gives preliminary instructions on the presumption of innocence, the Commonwealth's burden of proof, juror impartiality, and deciding the case only on admitted evidence and the law.

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Day 2

Cross Steven Saraf - Cross-Examination Steven Saraf Alan Jackson 1 highlights 33 lines spoken
Summary

Officer Saraf acknowledged errors in the dispatch log and omissions from his early accounts, while the defense used dash-camera video to question what he observed and heard at the scene.

Highlights (1)
Key Moment

The court instructed defense counsel at sidebar to seek permission before replaying video and directed that the next clip be shown once, using a freeze frame if needed.

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Day 3

Procedural Agreed Exhibit Admissions and Jury Evidence Instructions 2 highlights 5 lines spoken
Summary

Agreed photographs and a dash-cam thumb drive were entered into evidence; the judge instructed jurors on evaluating testimony, video, and audio.

Highlights (2)
Quote

“questions are not evidence, only the answers, which are, in fact, the only part of the exchange between the lawyer and the witness that are given under oath are evidence.”

The judge instructed jurors to distinguish lawyers' questions from sworn evidence.

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Key Moment

The judge reminded jurors not to discuss, research, or follow outside coverage of the case, and explained that questions are not evidence and jurors decide what video and audio evidence shows or says.

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Cross Anthony Flematti — Cross-Examination Anthony Flematti Alan Jackson 1 highlights 54 lines spoken
Summary

Defense counsel used synchronized dash-cam video and Flematti's records to test his recollection of the emergency response and what he reported about a possible vehicle strike.

Highlights (1)
Key Moment

The judge required foundation before the synchronized video compilation could be used and cautioned that premarked exhibits were not automatically in evidence.

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Sidebar Sidebar on Jury View, Scheduling, and Video Review 4 highlights 27 lines spoken
Summary

The Court set jury-view procedures, scheduled Teri Kun for May 15, restricted recording of children, and required video materials for review.

Highlights (4)
Quote

“You can draw their attention to something. You can't tell them why you are drawing their attention.”

The judge set the limit on counsel's commentary during the jury view.

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Quote

“I need also all the compilation videos, the things that you've altered by putting it together or enhancing in any way what you have done with them. I need all of them.”

The judge required the videos to be provided for review before deciding whether they would be admitted.

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Key Moment

The judge explained that counsel may direct jurors' attention during the view but may not explain why they are doing so.

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Key Moment

Without objection, the judge set May 15 for Teri Kun's testimony to accommodate her schedule.

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Day 4

Voir Dire Katie McLaughlin - Voir Dire Katie McLaughlin Alan Jackson 1 highlights 25 lines spoken
Summary

McLaughlin was questioned outside the jury's presence about social-media photographs and her relationship with Caitlin Albert; she initially called Albert a close friend but later said they were not close friends and interacted infrequently.

Highlights (1)
Key Moment

The court marked four social-media items as Exhibits H through K for identification, noted that the Commonwealth had not seen them, and allowed questioning about them while cautioning that admission could be difficult.

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Voir Dire Katie McLaughlin - Voir Dire (Prosecution) Katie McLaughlin Adam Lally 2 highlights 4 lines spoken
Summary

McLaughlin described Caitlin Albert as an acquaintance; the court excluded the photographs but allowed limited relationship questioning.

Highlights (2)
Quote

“I agree. So the exhibits don't come in. But, based on this voir dire and the answers, I'm going to give you some leeway on exactly what -- the relationship, the socialization and the extent of it, friends on social media, those areas.”

The court excluded the exhibits while permitting limited related questioning.

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Redirect Katie McLaughlin - Redirect Katie McLaughlin Adam Lally 1 highlights 13 lines spoken
Summary

McLaughlin described Caitlin Albert as an acquaintance, explained her response duty, and said later knowledge of Albert-family names came from media reports.

Highlights (1)
Quote

“I'm not going to let you get into that, the Kearney stuff, through this witness. There may be other witnesses, but not this witness. You can lead her what she learned by the news broadcast. If it was social media news, that's fine.”

The court limited the Commonwealth's proposed questioning at sidebar.

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Procedural Jury View Instructions and Scene Orientation Adam Lally 2 highlights 5 lines spoken
Summary

Jurors received instructions for a view of 34 Fairview Road and heard each side identify physical features to observe.

Highlights (2)
Quote

“The observations that you make while on the view may be used and considered in your deliberations in reaching a verdict.”

The court explained that jurors' observations during the scene visit could be considered in deliberations.

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Procedural Rule 14 Objection and Jury View 1 highlights 39 lines spoken
Summary

The court denied the defense request to reconsider four excluded photographs, then supervised a jury view and cautioned jurors not to conduct independent measurements.

Highlights (1)
Key Moment

The judge instructed jurors that the view was evidence but that they could not ask questions or conduct independent investigation, then directed them to disregard any measurements taken or attempted.

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Procedural Exhibit Renumbering and Video Review 4 highlights 37 lines spoken
Summary

The court renumbered admitted exhibits, set handling requirements for records and videos, and confirmed a future voir dire concerning Sergeant Lank.

Highlights (4)
Key Moment

After counsel agreed, the court confirmed a revised sequence of admitted exhibits and directed that a copy of the earlier body-camera clip be provided for formal marking.

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Day 5

Cross Sean Goode - Cross-Examination Sean Goode David Yannetti 2 highlights 44 lines spoken
Summary

Goode was questioned about Canton Police relationships, report discrepancies, the early search and security of 34 Fairview, and synchronized dash-camera footage admitted as Exhibit 16.

Highlights (2)
Key Moment

At sidebar, the judge found that questions about the reconstruction report were being directed to the wrong witness and limited that line of questioning.

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Key Moment

After counsel explained that the synchronized video had added labels and synchronization, the court admitted it as Exhibit 16.

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Procedural Witness admissibility argument concerning Sergeant Lank 4 highlights 16 lines spoken
Summary

The court deferred a ruling on proposed bias evidence concerning Sergeant Lank and requested police reports for review.

Highlights (4)
Quote

“I just have to figure out how you intend to get it in because I have to be concerned about if it's a mini-trial withina trial, and we are trying to avoid that.”

The judge identified the central limit on the proposed bias evidence: avoiding an expanded collateral dispute.

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Quote

“I don't know yet what I'm going to allow in but I disagree that it has nothing to do”

The judge deferred a final ruling while rejecting the Commonwealth's position that the issue was entirely irrelevant.

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Key Moment

The judge rejected the Commonwealth's position that the issue had no relevance, deferred a final admissibility decision, and directed counsel to provide the reports that night or before court the next morning.

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Day 6

Cross Sean Goode Cross-Examination: Report Face Sheets and Taillight Photograph Sean Goode David Yannetti 1 highlights 73 lines spoken
Summary

Goode was questioned about report face sheets carrying different photographs; limited face-sheet excerpts and a taillight photograph were admitted, and he said he did not know who added the later image.

Highlights (1)
Key Moment

After a sidebar, the court permitted limited portions of the two report face sheets to be admitted and displayed, with other material excluded from the jury's view.

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Sidebar Sidebar on Admissibility and Witness Availability 4 highlights 10 lines spoken
Summary

The judge excluded proposed material at sidebar and sent jurors out briefly while counsel addressed witness availability and further discussion.

Highlights (4)
Key Moment

The court asked whether the Commonwealth could call another officer rather than give the jury another break, then sent the jurors out for five minutes so further discussion could occur.

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Procedural Ruling on Scope of Sergeant Lank Questioning 4 highlights 22 lines spoken
Summary

The judge set individualized limits on planned questioning of Sergeant Lank about the Alberts and an earlier incident, allowing limited bias-related inquiry and requiring advance notice before it began.

Highlights (4)
Quote

“you are to go no further than that without leave of the Court.”

The judge set a firm boundary on the permitted questioning and required counsel to seek permission before expanding it.

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Quote

“the Alberts are not all one entity.”

The judge required any inquiry into bias or favoritism to be tied to individual relationships rather than the Albert family generally.

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Key Moment

The judge allowed questioning about Sergeant Lank's individual relationships with Chris Albert, Brian Albert, and Tim Albert, and limited inquiry about the earlier incident to matters relevant to possible bias or favoritism.

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Sidebar Sidebar on 2012-Event Limiting Instruction Michael Lank Adam Lally 1 highlights 4 lines spoken
Summary

The court instructed jurors on the limited relevance of forthcoming evidence about a 2012 event.

Highlights (1)
Quote

“You may use this evidence to the extent that you find it credible in deciding whether there was any bias or favoritism on the part of the police in their investigation in this case.”

The court defined the permitted use of the forthcoming 2012-event evidence.

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Sidebar Sidebar on Photograph Discovery and Admissibility Michael Lank Alan Jackson 2 highlights 32 lines spoken
Summary

The judge excluded proposed photographs after finding a discovery violation and ruling they were cumulative and not inconsistent; additional photographs required a witness foundation before any renewed argument.

Highlights (2)
Quote

“So for all of those reasons, the photos from the other day are out and these are out.”

The judge stated the ruling excluding both sets of photographs after finding a discovery violation and determining they were cumulative and not inconsistent.

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Sidebar Sidebar on Permitted Questions About Prior Incident Michael Lank Alan Jackson 2 highlights 11 lines spoken
Summary

The court allowed two limited defense follow-up questions about a prior incident while restricting further detail.

Highlights (2)
Key Moment

The court allowed defense counsel to ask whether the people involved in the incident had been convicted of assaulting a police officer, while limiting further detail beyond the response to the prosecution's question.

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Day 7

Sidebar Sidebar on Limited Recross Question Nicholas Kolokithas Adam Lally 2 highlights 4 lines spoken
Summary

The court allowed a limited recross question about Read and O'Keefe's relationship, with no build-up and no further questioning afterward.

Highlights (2)
Quote

“I am going to allow this in and then we are ending everything.”

The court permitted the defense's limited recross question while setting a firm endpoint for the examination.

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Key Moment

The judge allowed the proposed recross question and directed counsel to ask it without a build-up, while ending further questioning afterward.

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Day 8

Cross Chris Albert - Cross-Examination Chris Albert David Yannetti 1 highlights 24 lines spoken
Summary

Cross-examination explored Chris Albert's Canton and law-enforcement connections; the judge limited part of the defense's proposed bias inquiry.

Highlights (1)
Quote

“Okay. So the Commonwealth's objection is sustained. You have to move on, including on the wedding 12 years ago. You can cross-examine him on those two point that you made that you just said.”

The judge limited the defense's inquiry into family connections while permitting cross-examination on two identified areas.

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Cross Chris Albert - Cross-Examination (Continued) Chris Albert David Yannetti 1 highlights 42 lines spoken
Summary

Chris Albert's cross-examination focused on Waterfall timing, text messages with John O’ Keefe, photographs at John O’ Keefe's property, and his account of returning home.

Highlights (1)
Key Moment

At sidebar, the judge corrected a misunderstanding about Albert's walking-time testimony and stated that he had testified it took about five minutes to get home.

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Day 9

Sidebar Sidebar on Commonwealth Motion Concerning Mr. Kearney Julie Albert Adam Lally 2 highlights 31 lines spoken
Summary

The court arranged a prompt sealed hearing on the Commonwealth's motion concerning Mr. Kearney and excused the Read parties from the ancillary matter.

Highlights (2)
Quote

“Yes. And I said that to Margaret. I should have said it to you, as well. Yes. And the hearing will be sealed.”

The judge stated that the anticipated hearing would be sealed.

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Key Moment

The court arranged for Mr. Bradl to receive the Commonwealth's motion concerning Mr. Kearney and consult with him before a hearing expected in 15 to 20 minutes.

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Sidebar Recross Text Message Scope 15 lines spoken
Summary

The defense sought permission to ask about text messages with Courtney Proctor on recross, and the judge sustained the Commonwealth's scope objection while also instructing counsel to avoid repetitive witness identification.

Day 10

Procedural Judge Allows Bulkhead Video After Relevance Objection 2 highlights 18 lines spoken
Summary

The judge allowed a defense bulkhead video over the Commonwealth's relevance objection, subject to authentication.

Highlights (2)
Quote

“So under the third-party culprit doctrine, I do think this is speculative. But I am going to let counsel explore this. So I am going to let the video in.”

The judge allowed the proposed video while expressing concern that the defense theory was speculative.

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Key Moment

After requiring a defense offer of proof, the judge said the proposed third-party-culprit theory was speculative but allowed counsel to explore it, admitted the video, noted the Commonwealth's objection, and required authentication.

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Day 11

Sidebar Sidebar on communications with sworn witness 2 highlights 10 lines spoken
Summary

Defense raised concern about communications with Brian Albert while he remained under oath; the judge deferred any order pending review of the rules.

Highlights (2)
Quote

“So I don't know whether that's right or not. It sounds right to me. But before I make an order to the Commonwealth, I need to look at the rules.”

The judge declined to issue an immediate order and stated that she would first review the governing rules.

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Cross Sarah Levinson Cross-Examination Sarah Levinson David Yannetti 1 highlights 17 lines spoken
Summary

Levinson described limits in her memory of arrivals and departures, qualified prior testimony about visibility, and said she was not looking as the McCabe car passed the front lawn.

Highlights (1)
Key Moment

At sidebar, the judge directed defense counsel not to identify Attorney Little while asking about defense-team contact with Levinson; Levinson then confirmed she had chosen not to speak with the defense team before cross-examination.

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Day 12

Sidebar Sidebar on witness foundation and contacts during testimony 1 highlights 18 lines spoken
Summary

The court preserved a foundation objection and restricted substantive contact with witnesses during testimony.

Highlights (1)
Quote

“So, Mr. Lally, you're not to flag the witnesses what you're going to examine them on or do redirect on or any other substance of what you're going to do.”

The judge stated the restriction on substantive contact with witnesses during their testimony.

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Voir Dire Allison McCabe - Witness Voir Dire on Screenshots and Photographs Allison McCabe 2 highlights 15 lines spoken
Summary

McCabe authenticated screenshots and photographs; after defense questioning about possible phone edits, the court allowed the testimony.

Highlights (2)
Sidebar Court Sets Limits on Post-Voir-Dire Questioning Allison McCabe David Yannetti 1 highlights 3 lines spoken
Summary

The court set limits on questioning after voir dire and defense counsel requested a brief additional delay.

Highlights (1)
Key Moment

The court instructed defense counsel to frame questioning in relation to the period before or after voir dire and stated that the Commonwealth would receive leeway to address the issue if the questioning was not so framed.

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Direct Allison McCabe — Direct Examination Continued Allison McCabe Adam Lally 1 highlights 14 lines spoken
Summary

McCabe authenticated text messages with Colin and photographs from a February 11 gathering; the court admitted Exhibits 81–83.

Highlights (1)
Key Moment

The judge instructed jurors that they could consider the electronic communications only if they found it more likely than not that Colin or Ms. Alli McCabe authored or sent them.

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Cross Allison McCabe — Cross-Examination Allison McCabe David Yannetti 1 highlights 21 lines spoken
Summary

McCabe was questioned about the screenshot's timing and verification, the lack of phone extraction, and Life360 entries she did not fully recall.

Highlights (1)
Key Moment

At sidebar, the court warned defense counsel that a further answer could open the door to a Commonwealth response concerning why McCabe may have kept the screenshots; counsel acknowledged the warning.

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Day 13

Sidebar Sidebar on Proposed Videos and Voir Dire Colin Albert Alan Jackson 2 highlights 14 lines spoken
Summary

The court deferred a dispute over two proposed videos for jury-out review, voir dire of the witness, and argument.

Highlights (2)
Quote

“We are going to need to play the video and have a voir dire.”

The judge deferred a decision pending review of the videos and further questioning.

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Key Moment

The judge directed that the jury be excused, the videos be played as the jury would see them, and the witness be questioned outside the jury's presence before argument and further judicial review.

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Sidebar Sidebar - Videos Admitted Over Commonwealth Objection 2 highlights 2 lines spoken
Summary

The court admitted the reviewed materials over the Commonwealth's objection.

Highlights (2)
Quote

“With the record before me, I am going to let it in. The Commonwealth's objection is noted.”

The court states its evidentiary ruling after reviewing the materials.

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Key Moment

After reviewing the materials, the court overruled the Commonwealth's objection and allowed them into evidence.

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Sidebar Sidebar - Harassment Follow-Up Colin Albert Alan Jackson 2 highlights 7 lines spoken
Summary

The court allowed limited Commonwealth follow-up about internet comments and harassment after finding the defense had opened the door.

Highlights (2)
Quote

“Unfortunately, I believe you did. So I am going to give him a little leeway on this.”

The judge ruled that the defense had opened the door to limited follow-up questioning.

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Key Moment

The court found that the defense questioning had opened the door and allowed the Commonwealth limited follow-up about the witness's internet-related comments and harassment.

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Day 14

Direct Matthew McCabe — Resumed Direct Examination Matthew McCabe Adam Lally 1 highlights 11 lines spoken
Summary

McCabe described early-morning calls, his trip to Fairview after his wife said John had been found, and later police interviews.

Highlights (1)
Key Moment

The judge barred testimony about what McCabe said to his wife and directed the prosecutor to frame questions so the witness could answer without relaying those statements.

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Day 15

Day 16

Redirect Jennifer McCabe - Redirect Jennifer McCabe Adam Lally 1 highlights 55 lines spoken
Summary

McCabe defended her account of the Fairview observations and the timing of the hypothermia search, repeated statements she said Ms. Read made, and identified her phone-consent form.

Highlights (1)
Key Moment

After a sidebar dispute over prior-consistent testimony, the judge allowed the proposed testimony subject to striking it if the foundation did not support its use.

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Sidebar Sidebar on Discovery Objections and Aruba-Trip Evidence Jennifer McCabe Alan Jackson 2 highlights 23 lines spoken
Summary

The court noted discovery objections and ruled that anticipated Aruba-trip testimony could be admitted with limiting instructions, subject to question-by-question objections.

Highlights (2)
Quote

“That was a total surprise to me yesterday. I had no idea that had taken place.”

The judge responded to the defense's disclosure concern by stating that the underlying event had not been known to her.

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Quote

“I find that the probative value is not outweighed by the risk of prejudicial effect on the defendant because of the limiting instructions.”

The judge articulated a principal basis for allowing the anticipated Aruba-trip evidence with limiting instructions.

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Direct Marietta Sullivan - Direct Examination Marietta Sullivan Adam Lally 2 highlights 17 lines spoken
Summary

Sullivan described an Aruba lobby confrontation involving O’Keefe and Ms. Read, while the court gave limiting instructions on the relationship evidence.

Highlights (2)
Key Moment

The court instructed jurors that testimony about alleged conduct by Ms. Read could be considered only for her state of mind, motive or intent, and the nature of her relationship with John O'Keefe, not as character or propensity evidence.

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Key Moment

After a hearsay objection, the court allowed testimony about a conversation with Laura Sullivan and again instructed jurors to consider statements by O'Keefe only for his state of mind. Sullivan then denied making out with him.

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Day 17

Direct Brian Higgins - Direct Examination Brian Higgins Adam Lally 1 highlights 85 lines spoken
Summary

Brian Higgins described his January 28-29 movements, his brief time at 34 Fairview Road, and text-message exchanges with John O'Keefe and Karen Read that were admitted into evidence.

Highlights (1)
Key Moment

Before the clearer copy of the Read messages was published, the judge instructed jurors to consider alleged statements by the defendant only for her state of mind regarding her relationship with John O'Keefe and potential motive.

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Cross Brian Higgins Cross-Examination: Phone Records, Access, and Phone Disposal Brian Higgins Alan Jackson 1 highlights 254 lines spoken
Summary

Brian Higgins was questioned about his relationships, January 29 phone and keycard records, and the extraction and later disposal of his phone.

Highlights (1)
Key Moment

Outside the jury's presence, the judge allowed Higgins to consult with counsel before further questioning about his use of a federal-facility kiosk to extract phone data; several ensuing questions were sustained or limited.

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Day 18

Procedural Juvenile Witness Procedures and Jury Instruction 2 highlights 11 lines spoken
Summary

The court set media and seating protections for juvenile testimony and gave the jury a brief curative instruction.

Highlights (2)
Key Moment

The court stated that a media order barred transmission of the juvenile witness's testimony and noted the parties' agreement that the child witness would be seated before the jury returned.

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Direct Justin Rice - Direct Examination Justin Rice Adam Lally 1 highlights 26 lines spoken
Summary

Dr. Rice described O'Keefe's emergency treatment and recorded death declaration; Read's hospital records were admitted as Exhibit No. 106.

Highlights (1)
Key Moment

After a sidebar over unredacted narrative material, the court marked the redacted Good Samaritan records for John O'Keefe as Exhibit "SS" for identification and deferred further review.

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Day 19

Day 20

Direct Yuriy Bukhenik - Direct Examination Yuri Bukhenik Adam Lally 3 highlights 179 lines spoken
Summary

Bukhenik described evidence collection, Read's reported interview statements, and surveillance evidence; the court addressed foundation and chain-of-custody disputes.

Highlights (3)
Quote

“Before you may even consider any such statement as evidence, the Commonwealth must prove to you beyond a reasonable doubt that the defendant made the statement that she's alleged to have made and that she made it voluntarily, freely and rationally.”

The court framed how jurors must evaluate the reported interview statements before hearing them.

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Key Moment

The court limited Bukhenik to observations of O'Keefe's condition and barred him from giving medical-causation testimony based on his experience.

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Key Moment

Before testimony about Read's reported statements, the court instructed jurors that the Commonwealth must prove beyond a reasonable doubt that any alleged statement was made voluntarily, freely, and rationally.

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Day 21

Sidebar Sidebar on Proposed Video Display and Trial Schedule Yuri Bukhenik Alan Jackson 4 highlights 22 lines spoken
Summary

The court postponed the defense's proposed video display until the Commonwealth could review it and gave jurors a projected late-June deliberation timeframe.

Highlights (4)
Quote

“Okay. So you are not going to play any of it until the Commonwealth sees it. So the Commonwealth needs a copy of it.”

The court required prosecutorial review before any use of the defense's proposed video version.

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Key Moment

The court declined to allow the defense to play its inverted video until the Commonwealth received and reviewed a copy, postponing the proposed display until later.

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Key Moment

Counsel gave projected timelines for the remaining prosecution and defense cases; the court said it could tell jurors they were expected to receive the case for deliberations in the last week of June.

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Key Moment

The court advised jurors of the projected deliberation timing, the next week's sitting schedule, and the continuing instruction not to discuss or research the case.

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Day 22

Procedural Rule 14 Discovery Dispute Over Defense Experts 4 highlights 43 lines spoken
Summary

The court ordered further defense expert disclosures and planned voir dire hearings before proposed defense experts could testify.

Highlights (4)
Quote

“It leaves a lot of questions, as the gatekeeper, as to what they can testify to. And you have not complied with your Rule 14 obligations.”

The judge explained why the expert disclosures required further scrutiny before the witnesses could testify.

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Key Moment

The judge found the ARCCA report insufficient to establish the witnesses' proposed testimony, stated that the defense had not complied with Rule 14 obligations, and directed that voir dire be held before testimony; the court also sought to schedule Dr. Russell and the other experts for hearings that week.

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Day 23

Redirect Michael Proctor Redirect: Stricken Answer and Investigation Evidence Michael Proctor Adam Lally 3 highlights 78 lines spoken
Summary

The court struck Proctor's initial answer, then the Commonwealth used redirect to address claims of bias and restate Proctor's account of the investigation and evidence.

Highlights (3)
Quote

“Jurors, I am striking that last answer. It was probably a partial answer cut off. I'm striking it completely. Disregard it. If you took notes, cross the notes out. You're not to consider it in any way. It is completely stricken from the record.”

The court removed Proctor's initial answer from the jury's consideration.

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Key Moment

Over a hearsay objection, the judge allowed questioning under Bowden about other reviewers' specialized knowledge of Ms. McCabe's Cellebrite extraction.

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Day 24

Day 25

Procedural Arguments on Defense Request to Exclude Crash-Reconstruction Opinion 2 highlights 18 lines spoken
Summary

The court deferred ruling on a defense request to exclude a crash-reconstruction opinion and requested the video and photographs for review.

Highlights (2)

Day 26

Direct Joseph Paul - Direct Examination Joseph Paul Adam Lally 1 highlights 17 lines spoken
Summary

Trooper Paul gave his reconstruction opinion that the Lexus reversed near 34 Fairview Road and struck John O'Keefe; the court struck part of a later visibility-related opinion.

Highlights (1)
Key Moment

After directing counsel to use simpler questions, the court heard Paul's reconstruction opinion that the Lexus reversed at up to 24 miles per hour for about 62 feet and struck John O'Keefe near 34 Fairview Road.

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Day 27

Procedural Rule 14 Voir Dire Ordered for Dr. Russell 4 highlights 24 lines spoken
Summary

The court found a Rule 14 discovery violation concerning Dr. Russell and ordered a full voir dire to determine the remedy.

Highlights (4)
Quote

“So I do find that there is a violation of the reciprocal discovery obligations of Rule 14.”

The judge made an express finding of a reciprocal-discovery violation before determining the remedy.

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Quote

“The alternative is she doesn't testify.”

The judge identified exclusion of Dr. Russell's testimony as the alternative to allowing a full voir dire examination.

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Key Moment

The judge explained that the voir dire would address the Commonwealth's motion to exclude Dr. Russell's testimony for an alleged Rule 14 reciprocal-discovery violation.

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Key Moment

After a recess, the judge found a Rule 14 reciprocal-discovery violation and ruled that the Commonwealth could examine Dr. Russell fully during the voir dire while the court considered the remedy.

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Voir Dire Marie Russell Voir Dire on Arm-Injury Opinion Marie Russell 1 highlights 50 lines spoken
Summary

Dr. Russell gave a proposed animal-injury opinion on John O'Keefe's arm wounds as the court examined her qualifications, review, and report preparation.

Highlights (1)
Key Moment

In questions from the court, Dr. Russell said she had not reviewed Chloe's prior-bite-history materials or UC Davis DNA submission forms; the judge did not then decide whether she would testify.

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Procedural Arguments on Late-Disclosed Defense Expert and Proposed Testimony Limits 2 highlights 23 lines spoken
Summary

The court heard arguments over excluding a late-disclosed defense expert, potential limits on her proposed testimony, and time for possible Commonwealth rebuttal.

Highlights (2)
Key Moment

The Commonwealth asked the court to exclude the late-disclosed witness under Rule 14, citing the timing of disclosure and concerns about the materials reviewed and the proposed opinion.

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Voir Dire Daniel Wolfe Voir Dire on Accident-Reconstruction Review Daniel Wolfe 1 highlights 14 lines spoken
Summary

Dr. Wolfe outlined his qualifications, ARCCA's materials review, and the limited scope of its pedestrian-interaction analysis.

Highlights (1)
Key Moment

In response to the court's questions, Dr. Wolfe said the retaining agency asked whether the evidence was consistent with a pedestrian interaction between John O'Keefe and the Lexus, and that ARCCA had no say in the materials provided.

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Voir Dire Andrew Rentschler - Expert Voir Dire Andrew Rentschler 1 highlights 23 lines spoken
Summary

Dr. Andrew Rentschler outlined his biomechanics qualifications and said his assignment included evaluating Mr. O'Keefe's injuries and possible contact with the Lexus.

Highlights (1)
Key Moment

The court questioned Dr. Rentschler about his specific assignment; he said it included assessing whether the head and arm injuries could have resulted from contact with the Lexus.

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Day 28

Sidebar Sidebar on Phone-Search Evidence and Closing-Argument Time 3 highlights 50 lines spoken
Summary

The judge excluded proposed phone-search evidence from the Commonwealth’s case-in-chief for the time being, requested further argument and a proposed instruction, and set a one-hour closing-argument limit.

Highlights (3)
Quote

“All right, so I’m going to keep it out in your case in chief.”

The judge announced the immediate exclusion of the proposed phone-search evidence from the Commonwealth’s case-in-chief.

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Quote

“Not two hours; one hour.”

The judge stated her proposed time limit for closing arguments.

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Key Moment

The judge said the proposed phone-search evidence would be kept out during the Commonwealth’s case-in-chief.

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Procedural Judge Limits Defense Expert Testimony and Reserves Further Rentschler Ruling 4 highlights 5 lines spoken
Summary

Judge Cannone allowed narrowly limited testimony from Doctor Marie Russell, reserved part of the ruling on Doctor Rentschler, and then brought the jury in.

Highlights (4)
Quote

“So I am going to allow Doctor Russell to testify, but her testimony is very limited.”

The ruling permits the defense expert while sharply limiting the subject of her testimony.

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Quote

“It’s clear to me that in Massachusetts biomechanical engineers are not qualified to testify as to medical causation of an injury.”

The judge explained the basis for reserving part of the ruling on Doctor Rentschler’s testimony.

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Key Moment

The judge found reciprocal-discovery violations but allowed Doctor Marie Russell to testify narrowly about whether marks on John O’Keefe’s arm resulted from an animal attack.

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Key Moment

The judge reserved ruling on the remainder of Doctor Rentschler's proposed testimony, stating that biomechanical engineers cannot testify to medical causation of an injury in Massachusetts.

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Direct Nicholas Guarino Direct Examination: Phone Records and Location Data Nicholas Guarino Adam Lally 1 highlights 83 lines spoken
Summary

Guarino presented phone, voicemail, and location-data evidence; Judge Cannone excluded a Google search for DUI attorneys from the Commonwealth's case-in-chief.

Highlights (1)
Quote

“So I'm not going to allow it in, Mr. Lally, in your case in chief.”

Judge Cannone excluded the proposed Google-search evidence from the Commonwealth's case-in-chief.

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Direct Renee Stonebridge - Direct Examination Renee Stonebridge Adam Lally 1 highlights 26 lines spoken
Summary

Dr. Stonebridge testified that John O'Keefe's brain injuries were acute and traumatic, while limiting her opinion on the force or mechanism involved; the court then admitted his medical records and warned jurors about graphic photographs.

Highlights (1)

Day 29

Procedural Directed Verdict Motion Denied 2 highlights 14 lines spoken
Summary

The judge denied the defense's directed-verdict motion after the Commonwealth rested, and the defense began its case.

Highlights (2)
Key Moment

Applying the Latimore standard in the light most favorable to the Commonwealth, the judge denied the directed-verdict motion; the defense then called Brian Loughran as its first witness.

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Direct Brian Loughran - Direct Brian Loughran David Yannetti 1 highlights 23 lines spoken
Summary

Snowplow driver Brian Loughran described repeated Fairview passes, said he saw nothing near the flagpole before later seeing a Ford Edge there, and testified that State Police first contacted him in 2023.

Highlights (1)
Key Moment

After a sidebar, the judge allowed the defense to ask when Loughran spoke with police; he testified that State Police first approached him in 2023.

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Direct Richard Green - Direct Examination Richard Green David Yannetti 1 highlights 57 lines spoken
Summary

Digital-forensics expert Richard Green gave opinions on phone-location data, a Safari search artifact, and deleted call records; the court limited one opinion's phrasing and required redaction of a call-log exhibit.

Highlights (1)
Key Moment

The court directed that the unredacted call-log exhibit no longer be displayed or referred to until phone numbers were redacted, while permitting questions about its content without displaying particular numbers.

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Day 30

Direct Daniel Wolfe - Direct Daniel Wolfe Alan Jackson 1 highlights 37 lines spoken
Summary

Daniel Wolfe described ARCCA's tail-light testing and said the observed Lexus damage was not consistent with striking a human head or arm.

Highlights (1)
Key Moment

The judge sustained objections to questions tying Wolfe's opinions specifically to John O'Keefe and instructed that Wolfe could address general matters but not testify specifically about O'Keefe because he was not a doctor.

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Cross Daniel Wolfe - Cross-Examination Daniel Wolfe Adam Lally 1 highlights 25 lines spoken
Summary

The prosecutor tested the scope and documentation of Wolfe's reconstruction work, including materials he had not reviewed and limits on his testing and EDR analysis.

Highlights (1)
Key Moment

At sidebar, the court overruled a relevance objection and permitted questioning about whether Wolfe had been informed of alleged statements by the defendant; Wolfe then said he was not aware of them.

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Direct Andrew Rentschler - Direct Examination Andrew Rentschler Alan Jackson 1 highlights 25 lines spoken
Summary

Biomechanics expert Andrew Rentschler gave general testimony about vehicle-impact forces and injury patterns; the judge barred case-specific causation opinions about John O'Keefe's injuries.

Highlights (1)
Key Moment

After a further sidebar, the judge allowed a question about a body projected by a vehicle without specifying a disputed distance; Rentschler described expected contact and ground-impact injury patterns in general terms.

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Cross Andrew Rentschler - Cross Andrew Rentschler Adam Lally 1 highlights 30 lines spoken
Summary

Rentschler was questioned about limits in the materials reviewed for his report; the defense then rested and the court denied a renewed required-finding motion.

Highlights (1)
Key Moment

At sidebar, the judge limited the prosecutor's proposed case-specific questioning, permitting inquiry into materials the expert had not reviewed but barring the line of questioning used with the prior witness.

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Day 31

Sidebar Sidebar on Jury Instructions and Closing-Argument Timing 4 highlights 11 lines spoken
Summary

The judge declined a consciousness-of-guilt instruction, said she would give a Bowden instruction, and set a five-minute warning for closing arguments.

Highlights (4)
Quote

“I'm not going to give a consciousness of guilt instruction.”

The judge announced an instruction ruling before closing arguments.

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Key Moment

The judge said she would not give a consciousness-of-guilt instruction and would instead give the Bowden instruction.

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Key Moment

The court set a five-minute warning for each side's one-hour closing argument and explained that the jury would be told it was a timekeeping measure, not punishment.

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Jury Instruction Jury Instructions 5 highlights 17 lines spoken
Summary

Judge Cannone gave final instructions on the burden of proof, evidence, charges, lesser included offenses, and unanimous deliberations.

Highlights (5)
Quote

“You should not pile inference upon inference until the pile gets so high that it tips over logically or the chain gets so weak that it doesn't hold together anymore.”

Gives jurors a memorable limit on reasoning from circumstantial evidence.

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Key Moment

Judge Cannone instructed jurors on the presumption of innocence, the Commonwealth's burden to prove each charge beyond a reasonable doubt, and the rule that the burden never shifts to the defendant.

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Key Moment

Judge Cannone explained the elements of second-degree murder, the motor-vehicle manslaughter charge, lesser included offenses, and leaving the scene of an accident resulting in death.

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Show 1 more
Procedural Jury Sent to Deliberate; Verdict Slips Reviewed 2 highlights 26 lines spoken
Summary

The jury began deliberations, and the judge held the verdict slips for further review after counsel discussed lesser included offense options.

Highlights (2)
Procedural Jury Deliberation Logistics and Overnight Recess 2 highlights 11 lines spoken
Summary

The court completed exhibit and laptop checks, set counsel-availability expectations, and recessed jury deliberations until the next morning.

Highlights (2)

Day 32

Procedural Jury Resumes Deliberations; Scheduling Request Addressed 2 highlights 6 lines spoken
Summary

The jury resumed deliberations, and the court agreed to a 4:00 p.m. scheduling request.

Highlights (2)
Key Moment

The judge agreed to the jury's request to conclude deliberations in time for a 4:00 p.m. bus because a juror had a long-standing scheduling conflict; neither side objected.

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Procedural Defense Objection to Lesser-Included Verdict Slip Options 2 highlights 14 lines spoken
Summary

The court kept the existing lesser-included verdict slip over the defense's strong objection.

Highlights (2)
Quote

“Yes. That's what the verdict slip reads. It reads "not guilty." If they don't check Block 2, 3 or 4, the verdict slip reads "not guilty." Okay?”

The judge stated the court's interpretation of how the jury could return not-guilty findings without separate boxes for the lesser charges.

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Key Moment

The court declined to alter the verdict slip and explained that, if the jury did not check the guilty boxes for the lesser-charge blocks, the slip would read not guilty.

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Procedural Jury Question and Supplemental Count 2 Instruction 3 highlights 14 lines spoken
Summary

The court denied the jury's request for additional evidence, clarified the Count 2 lesser-included-offense sequence, and revised the verdict slip.

Highlights (3)
Quote

“then your verdict must be not guilty to Count 2.”

Part of the court's supplemental instruction explaining the result if none of the Count 2 offenses is proven beyond a reasonable doubt.

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Key Moment

The court told jurors they would receive no additional evidence in response to their request for the SERT report, then gave a supplemental instruction on considering Count 2 and its lesser included offenses in descending order.

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Procedural Deliberation - Revised Verdict Slip and Afternoon Recess 1 highlights 10 lines spoken
Summary

The court sent the revised verdict slip and supplemental instruction to the jury, preserved the prior Count 2 slip for identification, and suspended deliberations until the next morning.

Highlights (1)
Key Moment

After the jury indicated it wanted to go home, the court suspended deliberations for the day and instructed jurors to return at 9:00 a.m. without discussing or researching the case.

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Day 33

Day 34

Procedural First Jury Impasse Note and Tuey-Rodriguez Argument 3 highlights 9 lines spoken
Summary

Judge Cannone declined to give a Tuey-Rodriguez instruction after the jury's first impasse note and directed the jury to continue deliberating.

Highlights (3)
Quote

“I am not prepared to find that there have been due and thorough deliberations at this point.”

Judge Cannone explained her decision not to give a Tuey-Rodriguez instruction and to return the jury to deliberations.

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Key Moment

Judge Cannone found that the jury had not yet engaged in due and thorough deliberations, citing the case's length, 74 witnesses, 657 exhibits, complex issues, and shortened deliberation periods; she directed the jury to continue deliberating.

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Day 35

Procedural Judge Orders Tuey-Rodriguez Instruction After Second Impasse Note 2 highlights 4 lines spoken
Summary

Judge Cannone found due and thorough deliberations after a second impasse note and ordered a Tuey-Rodriguez instruction.

Highlights (2)
Procedural Jury Remains at Impasse; Mistrial Declared 4 highlights 12 lines spoken
Summary

Judge Cannone declared a mistrial after the jury reported it remained at an impasse.

Highlights (4)
Key Moment

The court set a July 22 status date; Mr. Yannetti said he would appear for Karen Read, while Mr. Jackson said he and Ms. Little likely would not appear because of a Los Angeles hearing.

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Trial 2 Retrial Apr 22, 2025 – Jun 18, 2025 282 proceedings

Day 1

Procedural Jury Sworn and Preliminary Instructions 5 highlights 35 lines spoken
Summary

Jurors were sworn and received preliminary instructions on the charges, burden of proof, evidence, and avoiding outside information.

Highlights (5)
Quote

“But this trial will be decided by you, an independent jury, free from outside interference, based only upon the evidence presented in this courtroom and the law.”

The judge directed jurors to decide the case without outside influence.

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Key Moment

The judge gave preliminary instructions on the charged offenses, the presumption of innocence, and the Commonwealth's burden to prove guilt beyond a reasonable doubt.

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Show 1 more
Direct Timothy Nuttall — Direct Examination Tim Nuttall Hank Brennan 1 highlights 18 lines spoken
Summary

Firefighter-paramedic Timothy Nuttall described finding John O'Keefe unresponsive in the snow, assisting with resuscitation, and hearing a statement he attributed to the defendant.

Highlights (1)
Key Moment

A portion of cruiser 683 stream 2 was admitted without objection and played as Nuttall identified the ambulance, his initial assessment, and the conditions at the scene.

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Day 2

Procedural Procedural - Motions 2 highlights 23 lines spoken
Summary

Pre-testimony motions addressing prosecution's consolidated phone/text PowerPoint exhibits, Jennifer McCabe health watch data as potential rebuttal, and scheduling of ARCCA expert voir dire for Monday.

Highlights (2)
Quote

“I'm just trying to help you out by having the witnesses here, because I found a violation of your reciprocal discovery.”

Judge confirms she has already found a discovery violation by the defense regarding ARCCA experts, establishing the basis for the voir dire.

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Quote

“one of the big concerns I have is that 105 or more text messages were deleted. And you said 'in due course.' I have no idea what you mean by 'in due course.' It's a pending case.”

Judge signals serious concern about deleted evidence and record-keeping obligations, foreshadowing potential spoliation arguments.

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Procedural Procedural - Motions 1 highlights 17 lines spoken
Summary

Sidebar argument over admissibility of two video clips of Karen Read's statements, with the prosecution arguing consciousness of guilt and the defense objecting to one clip as prejudicial.

Highlights (1)
Quote

“What I'm going to do is I'm going to think about this, and if I decide to let it in, you can let it in first thing tomorrow morning.”

Judge reserves ruling on the contested clip, signaling she takes the defense objection seriously.

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Day 3

Day 4

Cross Gary Faller - Cross Gary Faller Elizabeth Little 12 lines spoken
Summary

Elizabeth Little cross-examines Dr. Gary Faller about Good Samaritan's lack of forensic accreditation and its serum alcohol method. Faller describes the rate-of-NADH-production method and says markedly elevated LDH or lactic acid can cause false positives, while stating that multiple-sclerosis-related elevations would not reach a level that interfered with alcohol results; the court sustained an anemia question and struck asserted article findings.

Day 5

Procedural ARCCA Discovery Ruling and Evidentiary Hearing 3 highlights 1 lines spoken
Summary

The judge barred ARCCA references in the defense opening and began a hearing on the Commonwealth's motion over ARCCA discovery.

Highlights (3)
Quote

“I will not permit the defense from mentioning ARCCA in their opening.”

The judge announced a restriction on the defense's opening statement tied to the discovery dispute.

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Key Moment

The court began an evidentiary hearing on the Commonwealth's motion concerning discovery from the ARCCA witnesses and expected to hear two witnesses that day.

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Day 6

Procedural ARCCA Witness Discovery Motion and Ruling 2 highlights 11 lines spoken
Summary

The judge allowed ARCCA witnesses to testify despite discovery concerns, while leaving open further motion practice over the expected May 7 report.

Highlights (2)
Quote

“However, a defendant's right to a fair trial is paramount to everything.”

The judge explained the principle governing her decision to permit the ARCCA witnesses to testify despite the discovery concerns.

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Key Moment

The judge ruled that the ARCCA witnesses could testify to what they had said through the prior day, while allowing the Commonwealth to seek further relief if the expected May 7 report created a need for a motion.

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Day 7

Day 8

Cross Jennifer McCabe - Cross Jennifer McCabe Alan Jackson 2 highlights 134 lines spoken
Summary

McCabe was questioned about prior accounts, calls, family texts, and location data; the court admitted two text exhibits for a limited state-of-mind purpose.

Highlights (2)
Key Moment

The judge instructed jurors that Exhibit 47's electronic messages could be considered only if they found the claimed participants sent or received them, and only for McCabe's state of mind rather than for the truth of the messages.

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Procedural Dispute Over Video Clip Selections 2 highlights 15 lines spoken
Summary

The court addressed competing video clip selections from Ms. McCabe's testimony and requested the defense's alternative clips for review.

Highlights (2)
Quote

“All right. So the Commonwealth gets to play what they want, and then you play yours at some point, too. All right.”

The judge set the immediate handling of the competing clip selections while further review remained necessary.

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Key Moment

The judge said the Commonwealth could play its selected clips and the defense could play its clips later, then requested the defense materials for weekend review as the dispute would take more time.

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Redirect Jennifer McCabe - Redirect Jennifer McCabe Hank Brennan 1 highlights 62 lines spoken
Summary

McCabe addressed the Google search, her communications after O'Keefe was found, and text messages admitted for a limited state-of-mind purpose.

Highlights (1)
Key Moment

The court instructed jurors that they could consider the electronic messages only after finding their authorship more likely than not, and only for McCabe's state of mind rather than for the truth of their contents.

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Day 9

Cross Paul Gallagher - Cross Paul Gallagher Alan Jackson 6 lines spoken
Summary

Jackson questions Gallagher about scene documentation and blood-sample collection, including use of Solo cups and the decision not to retrieve swabs; Gallagher cites storm urgency, scene security, and access constraints. Gallagher later says he had not seen an evidence log while describing computerized logging and his personal removal of the samples from refrigeration.

Day 10

Cross Gilman - Cross Robert Gilman Robert Alessi 6 lines spoken
Summary

Defense attorney Alessi cross-examines meteorologist Gilman to establish that snow accumulation during the early morning hours of January 29, 2022 totaled 1.2 inches by 3 a.m., including 0.2 inches from the prior evening, and that visibility and windchill conditions were significant but distinct from the later storm intensity.

Procedural Procedural - Motions 7 lines spoken
Summary

Commonwealth attorney Hank Brennan introduces a video clip of Karen Read's recorded interview, marks keeper-of-records certificates for identification, and moves text messages into evidence before calling the next witness.

Cross Kevin O'Hara - Cross Kevin O'Hara Alan Jackson 6 lines spoken
Summary

Defense attorney Alan Jackson cross-examines Lt. Kevin O'Hara about SERT activation, search methods, reference materials, and scene security at 34 Fairview Road. O'Hara said there was no police presence when SERT arrived; when Jackson asked how long the scene had been unsecured before then, O'Hara said he did not know.

Day 11

Procedural Sidebar on Maryland Decision and Jessica Hyde Cross-Examination Robert Alessi 2 highlights 25 lines spoken
Summary

The judge excluded a Maryland decision offered for use against Jessica Hyde but allowed cross-examination about her methodology.

Highlights (2)
Quote

“I'm excluding that decision. Your rights are saved, Mr. Alessi. We've got that decision marked for identification, and you certainly are free to cross-examine Ms. Hyde regarding her methodology.”

The court excluded the Maryland decision but expressly left methodology cross-examination available.

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Key Moment

The judge excluded the Maryland decision, preserved the defense's rights by keeping it marked for identification, and allowed cross-examination of Hyde about her methodology.

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Direct Jessica Hyde — Direct Examination Jessica Hyde Hank Brennan 2 highlights 62 lines spoken
Summary

Jessica Hyde testified that a Safari tab timestamp did not mark when the "hos long to die in cold" search was made, placing it at about 6:24 a.m.; she also opined that neither the search nor older call-log entries were user-deleted.

Highlights (2)
Key Moment

The judge told jurors that lawyers requesting sidebar conferences were doing their jobs after defense counsel raised concern about the court's earlier remarks.

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Cross Ms. Hyde Cross-Examination: Phone Data and Timestamp Analysis Jessica Hyde Robert Alessi 1 highlights 19 lines spoken
Summary

Defense challenged Ms. Hyde's reports on phone activity, the 2:27:40 timestamp, and evidence handling; she acknowledged limits in artifacts she had not reviewed and agreed that the phone was not isolated according to the preservation practice she described.

Highlights (1)
Key Moment

At sidebar, the judge allowed defense counsel to continue using the prior testimony for impeachment, while noting that the witness could explain on redirect.

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Redirect Jessica Hyde - Redirect Jessica Hyde Hank Brennan 1 highlights 7 lines spoken
Summary

Hyde defended the independence and methodology of her phone analysis, explained limits on timestamp and health-step data, and said her report could not establish all overnight phone movement.

Highlights (1)
Quote

“My understanding is that it is not a reliable time stamp, and that is why Cellebrite removed it.”

Hyde gave her interpretation of the software change after the court required the question to be framed as her understanding.

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Sidebar Sidebar: Witness Scheduling and ARCCA Report Review Jessica Hyde Robert Alessi 2 highlights 32 lines spoken
Summary

The court marked Clip 15 as Exhibit 83 and addressed witness scheduling, directing that an expert review the newly received ARCCA report before any remedy is considered.

Highlights (2)
Key Moment

The judge allowed the Commonwealth's certified petition for a certificate of materiality to secure an out-of-state witness.

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Day 12

Direct Yuriy Bukhenik Direct Examination Yuri Bukhenik Hank Brennan 2 highlights 53 lines spoken
Summary

Sgt. Bukhenik described the initial investigation, the seizure and preservation of the Lexus and other evidence, and alleged statements by Read; the court gave a preliminary instruction on evaluating those statements.

Highlights (2)
Key Moment

The court instructed jurors that they could consider alleged statements by Read only if they later found beyond a reasonable doubt that she made them voluntarily, freely, and rationally.

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Key Moment

After an objection, the judge struck a portion of Bukhenik's answer and directed counsel to focus on what the witness personally did or observed rather than collective statements using “we.”

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Day 13

Cross Yuri Bukhenik - Cross Yuri Bukhenik Alan Jackson 1 highlights 170 lines spoken
Summary

Bukhenik was questioned about documentation and handling of recovered fragments, later lab processing, and text messages admitted with a limiting instruction.

Highlights (1)
Key Moment

After considering the parties' arguments, the judge allowed the text-message exhibit with instructions requiring the jury first to find authorship more likely than not and limiting the messages to their provision to police, not their truth.

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Cross Yuri Bukhenik - Cross (Continued) Yuri Bukhenik Alan Jackson 1 highlights 152 lines spoken
Summary

Bukhenik was questioned about phone-investigation decisions, text messages, videos, Chloe's records, and delayed witness interviews; the court limited several lines of inquiry.

Highlights (1)
Key Moment

The court permitted questioning about when Bukhenik learned that the Alberts no longer owned Chloe, while directing counsel to establish timing and limiting the inquiry's scope.

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Day 14

Procedural Procedural - Motions 4 lines spoken
Summary

Commonwealth attorney Brennan argues his Bowden memorandum, seeking limits on defense questioning that he contends goes beyond permissible investigator-scope inquiry into inadmissible third-party evidence.

Day 15

Day 16

Recross Maureen Hartnett - Recross Maureen Hartnett Robert Alessi 1 highlights 6 lines spoken
Summary

Robert Alessi briefly recrosses Maureen Hartnett on one point about the gray hoodie's right sleeve damage, establishing she performed no analysis of what caused the hole.

Highlights (1)
Quote

“I am going to let you step down because questions for both sides are completed. So thank you.”

After a counsel conference, the judge excuses Hartnett because questions from both sides are completed; the available transcript does not establish the correction or its disposition.

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Day 17

Direct Andre Porto - Direct Andre Porto Adam Lally 6 lines spoken
Summary

Andre Porto, a forensic scientist at the Massachusetts State Police Crime Lab, testifies about DNA analysis performed on evidence items in the Karen Read case, including a three-contributor DNA profile from a passenger-side tail-light swab that was at least 510 nonillion times more likely if it originated from John O'Keefe and two unknown individuals than if it originated from three unknown unrelated individuals, supporting an inclusion. He also testified about DNA analyses of a broken drinking glass, clothing stains, and fingernail clippings.

Procedural Procedural - Welcher ruling 3 highlights 7 lines spoken
Summary

Judge Cannone rules on the defense's motion regarding Burgess's updated clock drift report, denying claims of undue surprise while permitting broad cross-examination and limited rebuttal testimony from Dr. Welcher.

Highlights (3)
Quote

“my findings for the record are that the defendant has not persuaded me of undue surprise or unfair prejudice by this information, and I don't find that there's delayed disclosure”

The formal ruling denying the defense's Rule 14 motion to exclude Burgess's updated report

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Quote

“if you feel that the testimony of Jen McCabe and the others that you've mentioned um is critical and that you need to recall them, I'll hear you on that as well”

Leaves the door open for recalling previously cross-examined witnesses in light of the new clock drift information

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Quote

“I would allow under these circumstances a limited rebuttal, and we can define the scope after we hear the testimony of Dr. Welcher”

Grants the defense rebuttal testimony from their expert, limited to the new information from Burgess's updated report

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Day 18

Day 19

Day 20

Day 21

Day 22

Procedural Procedural - Opening (Welcher ruling) 3 highlights 13 lines spoken
Summary

Judge Cannone rules on the scope of Dr. Welcher's expert testimony, allowing collision and injury consistency opinions but barring the conclusion that Read's Lexus struck O'Keefe. Housekeeping on exhibit slides follows before the jury enters.

Highlights (3)
Quote

“His opinions set the stage for argument and a permissible inference to be drawn by jurors through the application of their sound judgment to the opinions that they find credible. But the jurors are as well positioned to draw or reject the inference as is the expert.”

Judge's reasoning: the final inference is not compelled by scientific method and belongs to the jury.

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Quote

“The problem here is not that the opinion concerns the ultimate issue because in Massachusetts that's not a bar to admissibility.”

Clarifies that Massachusetts allows ultimate issue testimony in principle — this exclusion is specifically about methodology, not subject matter.

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Key Moment

Cannone ruled that Welcher could offer certain consistency opinions, but could not testify that Read's Lexus collided with O'Keefe because that conclusion was not based on the application of reliable scientific methodology.

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Day 23

Procedural Procedural - Scordi-Bello Ruling 1 highlights 4 lines spoken
Summary

Judge Cannone rules against the defense's request to cross-examine Dr. Welcher about Trooper Paul's CARS analysis and Dr. Scordi-Bello's autopsy conclusions.

Highlights (1)
Quote

“So, I disagree with you, Mr. Alessi. I'm not allowing the line of questioning regarding Trooper Paul and I'm not allowing the line of questioning regarding Dr. Scordi-Bello.”

The ruling itself — a significant limitation on defense cross-examination of a key prosecution expert.

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Procedural Commonwealth Rests 1 highlights 5 lines spoken
Summary

The Commonwealth formally rests its case in Trial 2 after playing a final video clip of Karen Read's recorded statements, followed by Judge Cannone dismissing the jury for the day.

Highlights (1)
Quote

“So, jurors, the Commonwealth rests. That means that the Commonwealth's case has been presented to you for your consideration.”

Judge explains the procedural significance to the jury in plain terms.

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Day 24

Redirect Matthew DiSogra - Redirect Matthew DiSogra Alan Jackson 12 lines spoken
Summary

Alan Jackson rehabilitates DiSogra on redirect, reinforcing that his clock alignment analysis was built entirely on Burgess's own data and labels. DiSogra testified that the January-report analysis showed the lock event occurred after the vehicle event in all of its scenarios, while the combined 30-scenario analysis yielded 25 after, two simultaneous, and three before.

Day 25

Day 26

Procedural Procedural - Motions 1 highlights 5 lines spoken
Summary

Defense moves for mistrial with prejudice after prosecution raises absence of dog DNA during cross-examination of Dr. Russell. Judge Cannone denies the motion.

Highlights (1)
Quote

“So, the motion for a mistrial is denied. Your rights are saved. And Mr. Brennan, you can continue with this line of questioning.”

Ruling permits prosecution to continue cross-examining Russell about DNA, a significant evidentiary ruling for the defense expert's credibility challenge.

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Voir Dire Marie Russell - Voir Dire Marie Russell Hank Brennan 1 highlights 12 lines spoken
Summary

Prosecutor Brennan attempted to introduce Dr. John Walsh's medical examiner report through defense expert Russell after she disagreed with Walsh's assessment, but Judge Cannone excluded it.

Highlights (1)

Day 27

Cross Brian Loughran - Cross Brian Loughran Hank Brennan 12 lines spoken
Summary

Brennan cross-examines Brian Loughran about distinct prior-statement timeline issues: a claimed Ford Edge sighting, a disputed emergency-vehicle account, and Loughran's correction of a Trial 1 5:30 estimate to 6:15 for a police-blocked approach; the examination also explores whether social media pressure from a pro-defense blogger influenced his testimony.

Day 28

Cross Daniel Wolfe Cross-Examination Daniel Wolfe Hank Brennan 1 highlights 55 lines spoken
Summary

Brennan challenged Wolfe's independence, deleted communications, and the foundation and limits of ARCCA's taillight tests; a video of the test arm was marked as Exhibit No. 217.

Highlights (1)
Key Moment

After a sidebar, the judge allowed Brennan to read titles of sources cited in Dr. Rentschler's report, directing counsel to move on if Wolfe was unfamiliar with them.

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Day 29

Procedural Procedural - Motions 2 highlights 37 lines spoken
Summary

Pre-testimony motions hearing addressing Commonwealth rebuttal witnesses, scope of Elizabeth Laposata's expert testimony on dog bites and pattern injuries, and admissibility of defense photographs of the 34 Fairview Road garage.

Highlights (2)
Quote

“There is no basis in fact for that opinion.”

Cannone ruled that Elizabeth Laposata's expert-report opinion that the body was moved had no factual basis, excluding that proposed opinion.

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Quote

“I'm going to allow you to do the measurements. These photos will be marked for identification. The photos are not admissible.”

Compromise ruling — defense gets distance evidence but not visual depiction of the garage interior.

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Redirect Daniel Wolfe - Re-redirect Daniel Wolfe Alan Jackson 10 lines spoken
Summary

On re-redirect, Jackson sought to address Brennan's arm-weight criticism by eliciting Wolfe's testimony that Dr. Welcher used the same 50th-percentile Hybrid III model in a drop test. Wolfe also repeated his 14 percent label from a symmetric percent-difference calculation for the 29 mph and 24 mph comparison and testified that, in his tests, no tail light fragment caused garment punctures, holes, or fraying.

Procedural Procedural - Motions (Sweatshirt holes) 1 highlights 50 lines spoken
Summary

Defense moves for mistrial with prejudice after prosecutor Brennan showed Dr. Wolfe holes in the back of O'Keefe's hoodie, implying they resulted from the January 29 incident, when the holes were actually made by criminalist Hartnett during lab sampling. Judge denies mistrial but gives curative instruction.

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“So, jurors, I instruct you that those holes were made by the criminalist, Miss Hartnett, during the course of her inspection and sampling of the sweatshirt back on May 18th, 2023.”

The curative instruction as delivered to the jury — directly attributing the holes to lab processing.

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Procedural Procedural - VD Ruling (Laposata) 2 highlights 13 lines spoken
Summary

Judge Cannone ruled on the scope of Dr. Laposata's testimony after voir dire, excluding her opinions on dog bite wounds and limiting her motor vehicle strike analysis.

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“I find that she is not qualified. I'm not satisfied that the Daubert requirements have been met — specifically not just the experience but the reliability of the methodology she used and how it was applied.”

Core Daubert ruling excluding Laposata's dog bite testimony, distinguishing her qualifications from Dr. Russell's

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“I want to take a minute to differentiate this testimony with Dr. Russell's. I found that Dr. Russell was an expert qualified to testify as to dog bite wounds mainly from her experience in the ER coupled with her being an ME.”

Judge explains why Russell could testify on dog bites but Laposata cannot — different qualifications despite both being defense experts

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Procedural Procedural - Motions 2 highlights 37 lines spoken
Summary

Judge Cannone and attorneys resolved which photographs from Dr. Laposata's report could be admitted, discussed scheduling for Dr. Rentschler's testimony and Commonwealth rebuttal witnesses, and addressed upcoming motions.

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“You don't criticize the person, it's the data, what you saw, what you didn't see. So if it's different than that in the slides, it's going to have to come out.”

Establishes the standard for expert testimony — critique methodology and data, not the opposing expert personally

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“I told you all the other day I thought I might be in a position to regret giving you last Thursday off, and that's where we're at.”

Reflects the judge's concern about trial pacing as it nears conclusion

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Day 30

Day 31

Procedural Procedural - Motions 1 highlights 25 lines spoken
Summary

End-of-day motions session covering the Commonwealth's objection to Dr. Rentschler's PowerPoint admission, exhibit numbering for sweatshirt evidence, a conditional no-rebuttal announcement after the defense rests, and scheduling closings for Friday.

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“Um, we will — so, everyone is in agreement — then I will let you have tomorrow without the jury. We'll have our charge conference here in person.”

Sets the trial schedule: charge conference Thursday, closings and jury charge Friday.

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Day 32

Procedural Procedural - Motions 2 highlights 89 lines spoken
Summary

Pre-closing charge conference covering the defense motion for required finding of not guilty, jury instruction disputes, Bowden/third-party culprit arguments, verdict form proposals, and a curative instruction request regarding Exhibit 88 (the hoodie).

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“So, you cannot argue that either Brian Higgins or Brian Albert committed it, or had the motive, and all of that. Not third party culprit. Pure third party culprit.”

Cannone distinguished the permitted Bowden investigative-failure argument from a barred pure third-party-culprit argument.

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“I want the jurors to start deliberating. I don't want to end the charge and send them home for the weekend.”

Cannone explained the schedule intended to let deliberations begin after closings and the charge.

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Day 33

Jury Instruction Jury Instructions 4 highlights 85 lines spoken
Summary

Judge Cannone delivers full jury instructions covering presumption of innocence, reasonable doubt, the three charged offenses and their lesser included offenses, and deliberation guidelines before the jury retires.

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“You have heard some evidence suggesting that the Commonwealth did not conduct certain scientific tests or otherwise follow standard procedure during the police investigation. This is a factor you may consider in evaluating the evidence presented in this case.”

Authorizes the jury to weigh investigative omissions against the prosecution's case — a key defense theme throughout the trial.

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“The fact that Ms. Read did not testify has nothing to do with the question of whether she is guilty or not guilty. You are not to draw any adverse inference against the defendant because she did not testify.”

Standard but critical instruction protecting the defendant's Fifth Amendment right.

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“An item that is normally used for innocent purposes can become a dangerous weapon if it is used in a dangerous or potentially dangerous fashion. The law considers an item, in this case a motor vehicle, to be used in a dangerous fashion if it is used in a way that it reasonably appears to be capable of causing serious injury or death to another person.”

Establishes the legal basis for treating the SUV as a dangerous weapon, relevant to the murder charge's intent inference.

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“A charge is proved beyond a reasonable doubt if after you have compared and considered all of the evidence, you have in your minds an abiding conviction to a moral certainty that the charge is true.”

Defines the reasonable doubt standard the jury must apply to all charges.

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Day 34

Procedural Procedural - Motions 4 lines spoken
Summary

Judge Cannone opens court, polls jurors on compliance with instructions, sends them back to deliberate, then addresses a defense motion filing with an incorrect version that needs replacement.

Day 35

Procedural Procedural - Jury questions 4 highlights 6 lines spoken
Summary

Judge Cannone reads three jury questions submitted during deliberations and discusses proposed responses with counsel before a short recess.

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“Does convicting guilty on a subcharge — example offense two number five — convict the overall charge?”

Indicates the jury is working through the verdict slip structure and the relationship between lesser included offenses and the main charges.

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“I've incorporated the language from the jury instruction into the verdict slip. I've given each side a copy.”

Judge proactively revises the verdict slip to clarify the step-by-step analysis the jury should follow.

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“What is the time frame for the OUI charge? Offense zero zero two section five. OUI at twelve forty-five or OUI at five a.m.”

Reveals the jury is trying to determine which timeframe applies to the OUI charge — a foundational question for that count.

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“Are video clips of Karen's interviews evidence? How can we consider them?”

Shows the jury is uncertain about the evidentiary status and weight of Karen Read's recorded interviews.

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Procedural Procedural - Motions 2 highlights 12 lines spoken
Summary

Judge Cannone and counsel debate a response to a jury question about partial-verdict reporting, which Cannone characterizes as theoretical.

Highlights (2)
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“If we find not guilty on two charges but can't agree on one charge, is it a hung jury on all three charges or just one charge?”

The jury's conditional question concerns partial-verdict procedure; it does not establish that the jury had reached any verdicts or was deadlocked.

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“This is a theoretical question, not a question I can answer.”

The judge's final compromise language — calling it theoretical rather than simply refusing to answer.

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Day 36

Procedural Procedural 2 highlights 2 lines spoken
Summary

Judge Cannone addresses counsel after the jury briefly signaled a verdict during lunch, then retracted it. She seals the preliminary verdict slip and orders everyone to remain in the building.

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“During the luncheon break I received word from a court officer that the jury had knocked on the door indicating that they had a verdict. But before I could even summons everybody into court, shortly thereafter they knocked again and said they didn't have a verdict.”

Documents the unusual sequence of events — the jury believed they had a verdict, then reversed course within minutes.

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“So it's marked for ID with the word jury. All right. So we do not have a verdict because as we all know there is no verdict until it is announced and recorded in open court.”

Establishes the legal framework: the sealed slip has no legal effect and deliberations continue.

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Verdict Verdict and Sentencing 1 highlights 8 lines spoken
Summary

The jury returns its verdict: not guilty of murder and leaving the scene, guilty of OUI. Judge Cannone sentences Karen Read to one year probation with the 24D program.

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“One year probation on docket number zero zero two. The lesser included offense of operating under the influence. One year probation. Thank you. The 24D program.”

The final sentence imposed by the court on the only conviction.

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