Opening Statement - Defense

MR. YANNETTI: Karen Read was framed. Her car never struck John O'Keefe. She did not cause his death. And that means that somebody else did. You will learn that it was no accident that John O'Keefe was found dead on the front lawn of 34 Fairview Road, Canton, on January 29th of 2022. You will learn that at that address lived a well-known and well-connected law enforcement family in Canton — the Alberts. Because the Alberts were involved, and because they had close connections to the investigators in this case, Karen Read was framed for a murder she did not commit. Good morning again, ladies and gentlemen. As I previously told you, my name is David Yannetti. I'm an attorney with an office in Boston.

MR. YANNETTI: Together with attorneys Alan Jackson and Elizabeth Little, it is truly my privilege and my honor to represent Karen Read during this trial. From a very early juncture in this case, you will question the Commonwealth's theory of the case. You will question the quality of the Commonwealth's evidence. You will question the veracity of the Commonwealth's witnesses. And you will question their shoddy and biased investigation — a faulty investigation that led to Karen Read sitting here today. You will learn, in short, that the police did no real investigation of this case, and you will question why. You will question why the investigators had such tunnel vision.

MR. YANNETTI: You will question why they focused solely on Karen Read — someone with no ties to the Canton Police Department — as opposed to the well-known and well-connected Albert family of Canton, a family that was never treated as suspects by the investigators in this case. Boston Police Officer John O'Keefe was found mortally injured on Brian Albert's front lawn. His body was in full view and almost right below Brian Albert's bedroom window, on his front lawn. He's found wearing only one sneaker. You'll learn that Brian Albert was a Boston Police officer as well, and that he was a trained first responder. Brian Albert was notified that another police officer was injured and unresponsive on his front lawn, and Brian Albert did nothing.

MR. YANNETTI: His sister-in-law Jennifer McCabe and other civilians were on his property that morning. After John O'Keefe's body was found — police, EMTs, firefighters, police cruisers, an ambulance, fire truck, lights flashing — and first responder Brian Albert never came out of his house. Equally important to you will be the fact that the lead homicide investigators never went inside the Albert home. You will learn that Brian Albert's brother Kevin Albert is a Canton police officer.

MR. YANNETTI: It was obvious very early on that the Canton police should not be investigating the death of a man found on the property of the brother of a Canton police officer, so it was decided just about from the start that the Massachusetts State Police should take complete control of this investigation, because the Canton police were conflicted out. Now that sounded good at the time, but you'll learn that two major problems arose. First, despite the fact that they obviously had a conflict of interest, the evidence will show that the Canton Police still had their hands in this investigation. You will find it astounding.

MR. YANNETTI: A Canton police officer, Kevin Albert — the reason for the conflict of interest in the first place — was continually updated about the status of this investigation while it was going on. Second, and equally troubling, is that the lead State Police detective who was assigned to this case was a man named Michael Proctor. Michael Proctor, you will learn, is one of the many people in Canton with deep ties to the Albert family. Michael Proctor's own mother refers to the Alberts as the Proctor's second family. His own sister's wedding, Michael Proctor was in a wedding party with Colin Albert, and he sat at the head table of that wedding with members of the Albert family. That's the man who was chosen to lead the investigation into the suspicious death on the property of Brian Albert.

MR. YANNETTI: That's the man who gave updates to Canton police officer Kevin Albert while the state police were supposed to be investigating what had occurred at his brother Brian Albert's house. You'll learn that right from the jump, Michael Proctor predetermined the outcome of this case — never stepped foot inside the Albert home on January 29th, 2022, never checked out whether there were any signs of struggle inside that home. He never called for crime scene technicians and other specialists to look for blood or other trace evidence within the home. He never asked Brian Albert for permission to go in the home and take a look around. Michael Proctor never applied for a search warrant to go in that home. Instead, he focused immediately and exclusively on Karen Read — the outsider.

MR. YANNETTI: You will learn that no one in the Proctor family has ever called the Read family their second family. No one in the Proctor family had been in a wedding party with anyone from the Read family. Karen Read was a convenient outsider. She was most definitely not from Canton. But how did Michael Proctor feel about her? How did he treat somebody he was investigating at a point in time when he should have been keeping an open mind, focusing on obtaining all possible evidence so that he didn't miss anything? Well, you will learn that on the very day that John O'Keefe was found dead on Brian Albert's lawn, Michael Proctor was texting with his high school buddies about this supposedly secret investigation using his personal cell phone.

MR. YANNETTI: He was revealing information about this investigation to his friends, assuming that nobody would ever find out what he was doing and what he was saying. And he was revealing his true thoughts about Karen Read to his friends — not what he put in his sanitized police reports, his true feelings to his friends whom he trusted — and in text messages that he never thought would come into the hands of the defense in this case. Lead investigator Trooper Michael Proctor, right from the start, called Karen Read names you would reserve only for your worst enemies. He told his friends that he hoped that she would kill herself.

MR. YANNETTI: He told his friends that he had seized her cell phone, and you will learn that he knew he shouldn't have been accessing any content on her cell phone, because he knew there would likely be attorney-client communications between Karen and me at that time. He knew that he was supposed to wait for a search warrant or other permission from a judge in order to go through that phone, but you'll learn that he went through the phone anyway without permission. And you'll know that he did because he told his high school friends that he was searching her phone for nude photos of Karen Read, and he was disappointed he hadn't found any yet. That is the professional and unbiased investigator who was chosen to lead the investigation into the death of John O'Keefe.

MR. YANNETTI: You will learn that one of Michael Proctor's high school friends commented to him that with a dead body on the front lawn, the homeowner in this case is surely going to catch a lot of grief. And do you know what Michael Proctor's response to that was? One word: "Nope." And he explained why. Michael Proctor assured his buddies that the homeowner would not catch a lot of grief because, quote, "the homeowner's a Boston cop, too." And that one sentence, ladies and gentlemen, in Michael Proctor's own words, will explain a lot to you about how this investigation was conducted. You will be able to evaluate whether Trooper Michael Proctor treated Brian Albert and his family differently because of who they are and their relationships between his family and theirs.

MR. YANNETTI: You will evaluate whether this investigation was on the up and up. You will decide as a result how valuable or worthless the prosecution's DNA evidence is or is not, in light of who controlled that evidence. You will learn that Michael Proctor showed up at Karen Read's parents' house in Dighton to interview her during the afternoon of January 29th, only hours after John O'Keefe's body was found dead on Brian Albert's front lawn. You'll learn that Michael Proctor had her Lexus SUV towed from her parents' home, but you'll also learn that he wrote a search warrant in which he falsified the time, and he swore under oath that the vehicle wasn't towed until 5:30 p.m.

MR. YANNETTI: But you'll learn that we obtained surveillance footage — and he didn't know we would get it — and that surveillance footage exposed that Michael Proctor's words in that sworn affidavit were a lie. Michael Proctor had that vehicle for about 90 minutes before he claimed to have taken it. And folks, you will learn that the timing is important — very important — because when John O'Keefe was first found on Brian Albert's front lawn, the police thoroughly searched that yard for potential evidence. And it wasn't just one officer or two or three — there were at least four officers that searched that front lawn. And that morning was the beginning of a snowstorm, but there wasn't yet much snow on the ground when they were searching that lawn.

MR. YANNETTI: It was light out by the time they did the search, and it was getting lighter. And during that thorough search of Brian Albert's front lawn, the number of pieces of tail light that were found by a minimum of four officers looking for evidence was zero. It was only later in the day, when the snow was really starting to accumulate, that the police miraculously started to find pieces of tail light on the property. The police only started to find pieces of tail light after Michael Proctor had seized Karen Read's car. They only started to find pieces of tail light after Michael Proctor had possession of her tail light.

MR. YANNETTI: You'll learn that Trooper Michael Proctor then kept going back to the Albert residence after that day, and he claims to have kept finding pieces of tail light on multiple occasions, on multiple different days. And in addition, a good week after John O'Keefe's death, Canton police chief Kenneth Berkowitz — an older officer on the brink of retirement, with probably not the best eyesight — supposedly happened to be driving past Brian Albert's house. And, by the way, Brian Albert is someone with whom Chief Berkowitz is also close friends. And this older man allegedly spotted yet another piece of tail light from his moving vehicle.

MR. YANNETTI: This was yet another piece of tail light that was somehow missed by the trained specialists who had previously and thoroughly searched the property — another piece of tail light that Proctor supposedly missed in the many times he went back. And Michael Proctor claims that he kept finding pieces of tail light right up until February 18th of 2022, which was nearly three weeks after John O'Keefe was found dead on Brian Albert's front lawn. You will learn that there is no confident evidence that Karen Read's tail light shattered at Brian Albert's property in the early morning hours of January 29th of 2022. To the contrary, you'll learn that when Karen left John at Brian Albert's house, she drove back to John's house across town.

MR. YANNETTI: At John's home, where he lived with his two adopted children, Karen was drifting in and out of sleep, but she woke up for good in a panic sometime around 4 a.m. because John hadn't come home, and that was not like him at all — he had never done that before. Karen had a sinking feeling that something was wrong, something was seriously wrong. So she got back into her Lexus. She backed up out of the garage to leave the driveway, and when she did, the right rear tail light of her Lexus struck John's parked vehicle in the driveway, and her tail light cracked. That was the same tail light that the prosecution now claims was broken outside the Albert residence hours earlier, at 12:30 a.m.

MR. YANNETTI: But we have video evidence that the tail light was actually broken at 5 a.m., many hours after the prosecution needs that tail light to have been broken. There is, of course, no video of the tail light being broken at Brian Albert's house. You will eventually conclude that that's because the tail light was not broken there. Importantly, you will learn that there was an eyewitness who arrived at 34 Fairview after Karen got there with John O'Keefe in the early morning hours of January 29th, and that eyewitness Ryan Nagel, who's the brother of Julie Nagel, who was at the after-hours party that night, he had a clear view of Karen's SUV. Ryan Nagel confirms that there was no damage to her tail light at that time.

MR. YANNETTI: Karen was sitting in the driver's seat with her hands at 10 and 2, and Ryan Nagel confirms that while Karen was inside the car, John O'Keefe was not. John O'Keefe was also not outside the car at that time. You will ultimately conclude there's only one other place he could have been. Now going back to that 5:00 a.m. video from John's driveway, you will see Karen back up her Lexus and strike John's car at about 5:00 a.m. when she was leaving John's house to go out to look for him. And you will know that she struck his car at 5:00 a.m.

MR. YANNETTI: because you will watch that video closely — you will witness that the wheels and the hubcaps on John's car are jostled and moved by Karen's SUV, and you will conclude that that video depicts exactly when Karen's tail light was cracked, long after she dropped off John at night at 34 Fairview, and you will learn that part of the reason that Karen's Lexus hit John's car was that Karen was panicked at that time. Where is John? Why didn't he come home? What happened to him? And you will learn that she was racking her brain for what possibly could have happened. Like many of us, she was worried about the worst. Did I hit him? Could I have hit him? That was what she was saying, both to herself and to other people, later that morning when she went back to 34 Fairview.

MR. YANNETTI: She couldn't think of anything else that made sense. She certainly didn't consider, in a million years, that someone from within the Albert home could have beaten up John and left him to die on the front lawn. Now that was over two years ago. Karen didn't know then what you will learn during this trial. Karen didn't know that Brian Albert's sister-in-law Jennifer McCabe left the after-hours party at Brian Albert's house sometime after Karen pulled away. She didn't know that after Jennifer McCabe dropped off some people elsewhere, she returned to her own home. Karen didn't know that Jennifer McCabe climbed some stairs in her home and eventually made it into her bedroom with her cell phone.

MR. YANNETTI: Karen didn't know that Jennifer McCabe settled in at 2:27 in the morning on January 29th, 2022, and typed a Google search that she would later delete. 2:27 in the morning was over three hours before John O'Keefe's body was found on Brian Albert's lawn. 2:27 was over three hours before anyone knew or suspected that John O'Keefe was missing or hurt or in trouble. And at 2:27 in the morning, you will learn that with no one watching her, thinking she was alone with her thoughts and not worrying that anyone would know what she was doing, Jennifer McCabe typed in the following Google search: "how long did die in the cold." Now she misspelled the first word, so the actual search was "H-O-W long to die in the cold," but you'll get the point.

MR. YANNETTI: You will ask yourself why would somebody Google "how long does it take for someone to die in the cold" unless that person knew someone who either was in that situation or would be in that situation? You will question during this trial who was it who actually did die in the cold. At some point that night, sometime after Jen McCabe was asking Google for an answer to her question, and you'll learn that the answer to that question was John O'Keefe. The medical examiner in this case will testify that one of the causes of John O'Keefe's death was hypothermia. John O'Keefe died in part because he was left to die in the cold. Now the Commonwealth will try to dispute the timing of that Google search.

MR. YANNETTI: They'll try to claim that there were only two Google searches, at 6:23 and 6:24 a.m., after John's body was found. But one problem for the Commonwealth will be that we have retained Richard Green, one of the leading computer forensic experts in the country. Rick Green has forensically analyzed Jennifer McCabe's phone both manually and using every appropriate type of computer software to solve this issue. Mr. Green will confirm for you that Jennifer McCabe did indeed make that search at 2:27 a.m. And another problem for the Commonwealth is that you will hear and see other evidence that will confirm that Jennifer McCabe is lying when she denies making that Google search at 2:27 a.m.

MR. YANNETTI: You will conclude that before she went to bed — if she went to bed that night — Jennifer McCabe wanted to know just how long it would take for someone to die in the cold. And a big question in this trial for you will be: when was John O'Keefe left to die in the cold? I expect the Commonwealth will try to persuade you that he was left there sometime around 12:30 a.m., because they're going to try to prove to you that Karen Read hit him and that his body stayed there the entire night until first responders arrived at 6:00 a.m. and his body was taken to the hospital. But you will learn that there are big problems with the Commonwealth's theory of this case.

MR. YANNETTI: You will learn that there were six people at that after-hours party at Brian Albert's house, all of whom left by the front door, and would have been confronted by John O'Keefe's lifeless body on that lawn if he was actually there at that time. Those six people walked out the front door at 34 Fairview, walked to their cars either in the driveway or parked in front of the house. Brian Albert's sister-in-law Jennifer McCabe was there. Her husband Matthew McCabe was there. ATF federal agent Brian Higgins was there, who was also Brian Albert's friend. Sarah Levinson, a friend of Brian Albert Jr., was there. Julie Nagel, another friend of Brian Albert Jr., was there. And Caitlin Albert, Brian Albert's daughter, was also there. All of them leaving the residence.

MR. YANNETTI: Each of those people left 34 Fairview in Canton where Brian Albert lived. Each of them walked out facing the front lawn where the Commonwealth will tell you a 6'2", nearly 220-pound man in dark clothing was sprawled on the front lawn, when there was only a dusting of white snow on the ground. He supposedly sprawled on that lawn just feet from where these people were walking when they left the residence. And you will learn that not one of these people saw John O'Keefe lying there. Not one. And you know who else saw no one laying outside in the early morning hours of January 29th? The snowplow driver in charge of plowing the street for the city of Canton. And this is another big problem for the Commonwealth.

MR. YANNETTI: You will learn that Michael Proctor — here's that name again — wrote a report where he claimed that the DPW supervisor had told him that Fairview Road had not been plowed that night. Proctor's total investigation on this issue consisted of one phone call and no followup. He just submitted his report that simply said the road hadn't been plowed that night, and perhaps thinking that no one else would follow up either. But you'll learn that when it came to finding out the truth, it's not that Proctor couldn't find the truth — it's that he wouldn't. Unfortunately you'll learn that we would, and we did. You'll learn that within weeks after January 29th, we sent our investigator, a former Medford Police Officer named Paul Makowski, to the Canton DPW to try to get to the bottom of this.

MR. YANNETTI: Paul Makowski talked to the same supervisor at the DPW, a man named Michael Trotta, whom Proctor claimed had told him that the street hadn't been plowed. You'll learn that Paul Makowski found out that Michael Proctor was not telling the truth. You'll learn that Michael Trotta from the DPW told Paul Makowski, our investigator, that the street was indeed plowed that night, and that the name of the plow driver was Brian Loughran. So Paul Makowski tracked down Brian Loughran. He asked Mr. Loughran if the state police or any investigators had ever spoken to him, and the answer came back: no. You will then learn what Brian Loughran had to say about what he saw and didn't see that night, and you will be shocked.

MR. YANNETTI: Brian Loughran told Paul Makowski that he was driving a big snowplow in Canton that night. You'll learn that the nickname for it at the DPW was "Frankenstein," because it had a lot of spare parts and it had been around forever. Brian Loughran told Paul Makowski that when he plows the streets of Canton in Frankenstein he's very careful — he makes sure to check not only the roads in front of him but also the yards to the side of his route. He makes sure not to hit a fire hydrant or a tree or an animal or, heaven forbid, a person lying in the snow. He's always on the lookout. You'll learn that Brian Loughran passed by 34 Fairview in his plow, traveling right by Brian Albert's front lawn, at 2:30 in the morning.

MR. YANNETTI: You'll learn that Brian Loughran confirms that at about 2:30, when he went by that house, John O'Keefe was not on that front lawn. So you'll learn that about two hours after the Commonwealth claims that Karen Read somehow incapacitated John O'Keefe, an eyewitness confirms that not only could it not have happened, but it didn't happen. But you'll learn that Brian Loughran also provides some other troubling testimony for the Commonwealth. You'll learn that after making that pass at 2:30 in the morning and seeing no body, he showed up again at the entrance to Fairview Road intending to make another pass down it with his plow.

MR. YANNETTI: This time, however, at about 3:30 in the morning, he looked down the street and he saw that parked right next to Brian Albert's front lawn, right in the very area where John O'Keefe's body was later found at 6:00 a.m., Brian Loughran saw a Ford Edge parked on the side of the road. You will learn that the police have done zero investigation to discover whose Ford Edge that was. You'll learn that members of the Albert family drove Ford Edges. You'll learn that the police to this day claim not to know who was parked right next to the area where John O'Keefe's body was later found.

MR. YANNETTI: You will learn that while investigators on this case including Trooper Proctor completely ignored the snowplow driver who went right by the Albert residence, the defense not only tracked him down and interviewed him, but the plow driver actually took our investigator on a ride back past the residence to explain the precise route that he had taken on January 29th. You'll learn that some other curious things were going on in the early morning hours of January 29th — curious things that the police in this case utterly failed to investigate. For example, after people left the after-hours party at Brian Albert's house on January 29th, Brian Albert claimed that he had no contact with anyone but his wife until he was woken up in the morning.

MR. YANNETTI: But you will learn that he was ultimately confronted by the fact that his phone records revealed that he had actually placed a phone call to ATF agent Brian Higgins — his friend, the same friend who had been at his house earlier that night — and that was at 2:22 in the morning. You'll learn that Brian Higgins called him back 17 seconds later and they connected for 22 seconds on their cell phones. You'll be asked to consider just how long 22 seconds is and what could be said and discussed during that long of a phone call. You will consider that phone call in the context of the other curious things that were going on during the early morning hours of January 29th. You will learn about the following in chronological order: 2:12 a.m. — Jennifer McCabe arrives at her home. 2:22 a.m.

MR. YANNETTI: — Brian Albert calls Brian Higgins. 2:22 a.m. — 17 seconds later, Higgins calls him back and Brian Albert and Brian Higgins are on the phone together for 22 seconds. 2:23 a.m. — Jennifer McCabe climbs the stairs to her bedroom. 2:27 a.m. — Jennifer McCabe searches on Google "how long to die in the cold." 2:30 a.m. — Plow driver Brian Loughran confirms there was no body on Brian Albert's front lawn. 3:30 a.m. — Brian Loughran confirms that a Ford Edge was parked right where John O'Keefe's body was later found. The Commonwealth will not be able to successfully dispute any of those facts, and I expect that they will persist in asking you to convict Karen Read anyway. You will learn that there are other major problems with the Commonwealth's theory.

MR. YANNETTI: You'll learn that when John O'Keefe was found, he did not look like he had been hit by a car. You'll learn that he looked to have been attacked and beaten up. You'll learn that John O'Keefe was a large 6'2" man who, if positioned behind a Lexus SUV, would have had his torso completely exposed to the rear of that vehicle, including to the tail light. You'll learn that no part of his torso was injured — there was no bruising, no [unintelligible], no scratches, no punctures. You'll learn that his chest and hips and legs were pristine, despite the Commonwealth's contention that he was hit by a 6,000-pound vehicle. The evidence will show that what was not pristine was his right arm. You will take one look at that arm and you will conclude that a car did not cause those injuries.

MR. YANNETTI: The injuries to John O'Keefe's arm appear to be consistent with scratch marks and claw marks — marks that make it look as though an animal had attacked his arm. But you won't have to rely just on your common sense when you look at those photos. You'll hear from an expert forensic pathologist who is world-renowned, who has personally conducted thousands of autopsies, and he will testify that those marks are consistent with scratch and claw marks and bite marks from an animal, including a German Shepherd. You'll learn that on January 29th of 2022, Brian Albert's family dog Chloe was a German Shepherd. You'll learn that Brian Albert has admitted that this dog is not good around strangers. You'll learn that on January 29th of 2022, John O'Keefe would have been a stranger to that dog.

MR. YANNETTI: And you'll learn that Chloe had been the beloved family dog for the Alberts for seven years. The Albert family loved Chloe. Strangely, as we discuss this dog today, the Albert family doesn't have its beloved Chloe anymore. You'll learn that Brian Albert was called to testify before the grand jury regarding this matter in April of 2022, and that he did testify about his German Shepherd Chloe during that grand jury testimony. And you'll learn that not long after that testimony, Brian Albert and his family rehomed their beloved family dog — they gave away their family dog — and Chloe the German Shepherd is therefore now gone.

MR. YANNETTI: Now the Commonwealth will try to take your attention away from all of these troubling facts and try to persuade you not to consider their shocking lack of investigation of anyone else; not to consider John O'Keefe's injuries; not to consider the fact that multiple people left the residence and saw no body; not to consider the fact that the snowplow driver was specifically looking at 2:30 a.m. and there was nobody there; not to consider the fact that two people in the house were communicating at 2:22 a.m. but denied speaking to each other for 22 seconds; and not to consider the fact that one of their witnesses who was also present at the home was unusually curious at 2:27 a.m. about how long it would take for someone to die in the cold.

MR. YANNETTI: The Commonwealth will instead try to persuade you that Karen Read supposedly had a motive to kill John O'Keefe because they were not getting along. You'll hear about their trip to Aruba over New Year's Eve and that Karen was upset that John had been flirting with another woman, and you will hear that Karen considered exploring her options after that trip, which led her to a get-together at one point with ATF federal agent Brian Higgins, although that never went anywhere. But you'll also hear that in January of 2022 after the Aruba trip and not long before January 28th and 29th, John O'Keefe was making long-term plans with Karen, including a family trip with her and the kids and also another trip with Karen and another couple for months into the future.

MR. YANNETTI: And you'll see video of how John and Karen were interacting on the night in question. You'll see for yourself how they look with each other from the video at the Waterfall that night. Nobody who saw them that night saw anything wrong. There was nothing wrong. I mean, like any couple, occasionally they would bicker or disagree, but you will hear zero evidence of any domestic violence in that home whatsoever. John never raised a hand in anger toward Karen, and Karen never raised a hand in anger toward John. That simply wasn't who they are.

MR. YANNETTI: You will conclude the notion that Karen Read chose the start of a snowstorm to suddenly become violent out of the blue for the first time and intentionally killed her boyfriend by hitting him with her car and leaving him there with a household of people inside is patently ridiculous. You will also learn that what's not ridiculous is that someone — not Karen Read — ambushed John. Somebody probably didn't mean to kill him, but somebody went too far. You'll learn that Trooper Proctor failed to investigate motives that other people had to harm John O'Keefe. You'll learn that Proctor failed to investigate anything or anyone who was in the Albert residence that night. You'll learn that he failed to investigate the antagonistic relationship between members of the Albert family and John O'Keefe.

MR. YANNETTI: You'll learn that apparently nobody investigates the Albert family of Canton. Remember, on day one Trooper Proctor was asked whether the homeowner Brian Albert would catch a lot of grief, and Trooper Proctor himself said it: "Nope, homeowner's a Boston cop too." So folks, the trial is now about to start and the witnesses are about to start testifying. On behalf of Karen Read, I ask that you do two things during this trial. First, I ask that you pay attention to all of the evidence. The way trials work, the prosecution gets to present its case first — they conduct their direct examinations first — so we respectfully ask that you wait for us. We will get to cross-examine their witnesses, and you will find that cross-examination is the key that unlocks the truth.

MR. YANNETTI: Wait for us — you'll be glad that you did. Second, I ask that you keep your eye on the ball. You have one job and one job only to do during this trial, and that job quite frankly is not to solve this case. Your only job during this trial is to determine whether the Commonwealth, the prosecution, has proven to you each and every element of the crimes they have charged beyond a reasonable doubt, to a moral certainty. The prosecution will fail to prove this case to a moral certainty. They will fail to prove this case beyond a reasonable doubt. You will reasonably doubt their case because their theory of the case does not make sense. You will reasonably doubt their case because Karen Read was framed, and the evidence shows that.

MR. YANNETTI: Despite the fact that the police never ever investigated that angle of this case at all, the prosecution will not prove their case beyond a reasonable doubt to a moral certainty. We will stand before you again at the end of this trial and ask that you find Karen Read not guilty.