Kevin O'Hara

“I told him there was a good chance we did not find everything and said, if you want us to come back in the daylight to give us better lighting to search or after a couple of days, the weather was supposed to warm up, if you wanted us to come back after there was some snow melt just to reach out to me and we would come back.”

O'Hara acknowledged the search might not have located every item and described possible follow-up searches.

“So GPS's typical range of error on a clear day is up to 16 feet.”

O'Hara described a limitation affecting the precision of the GPS-based maps.

O'Hara described a grid search along the roadway at 34 Fairview Road, organized shoulder to shoulder and directed south toward the flagpole and fire hydrant.

“No. Neither one of us were allowed to dispatch my team. We have to send up formal requests to get authorization to respond.”

O'Hara described the formal authorization requirement before SERT could deploy.

“Best recollection, that they were close, within a foot. But, to be 100 percent accurate, you would have to measure between the two GPS points, which I have not done.”

O'Hara qualified his earlier description of the distance between recovered items.

“I've never seen the evidence log from that night, sir. So I'm not sure exactly how many he recovered. Again, I was partaking in the search. So I'm not sure what the exact number is, sir.”

O'Hara said he could not give the exact number of plastic pieces recovered without the evidence log.

O'Hara said neither he nor Lieutenant Tully could dispatch SERT without formal requests and authorization.

“That would just be our day-to-day activities. We'll give a quick gist of what we're doing each day. It would be more general. It doesn't get too thorough.”

Clarifies the limited detail of the daily journal discussed on cross-examination.

“Sneaker was flush up against the curb and it was inverted, upside down.”

Describes the position of the victim's sneaker, a key piece of physical evidence.

“Couple of the pieces were found at ground level touching the asphalt.”

Records O'Hara's observation that a couple of taillight pieces were at ground level touching the asphalt.

“That whole search area was fresh undisturbed snow as we moved through the area and no one moved past our line.”

Describes O'Hara's testimony about movement control and snow conditions within the marked search grid as the team moved through it.

“I did provide that to Lieutenant Tully — told him there was a good chance we did not locate everything that evening and we offered to return at a later date or time at his request.”

O'Hara said he told Tully there was a good chance the team had not located everything that evening and offered to return at Tully's request; he separately testified that the SERT team did not go back.

“He asked if we were here for what happened earlier. We replied yes and he turned and went back inside the residence.”

An unidentified adult male from 34 Fairview Road had knowledge of the incident and made contact with the search team.

“I believe I said within a few inches or a foot away. Yes, sir.”

All recovered evidence was clustered in a very small area, a point Jackson emphasized through prior testimony impeachment.

“I asked him if he had a photograph that we could look at, just to see how large of a piece we were looking for, sir.”

The SERT team was searching for taillight pieces without ever seeing the damaged vehicle or a photograph of it.

“Uh, there was no police presence on scene, sir.”

Records O'Hara's observation that 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.

“Maybe 10 seconds, sir.”

O'Hara estimated that the unidentified man remained outside for about ten seconds.

“I told him there was a good chance we did not locate all the evidence. Asked him if he wanted us to come back at a later date.”

Establishes O'Hara proactively flagged the search as incomplete and offered follow-up, countering any suggestion SERT considered the job done.

“The area we searched was fresh, undisturbed snow.”

O'Hara described the searched area as fresh, undisturbed snow when he arrived; this was his arrival observation, not a conclusion about pre-arrival access or when any item was deposited.

“Only 99% of it, sir. As soon as we got to the grass and realized we couldn't clear it properly, my main focus was on that street, just again because I was concerned about the plow coming through at a later time.”

O'Hara said the team concentrated on the street because snow over the grass could not be cleared adequately and he was concerned about a later plow.