Trial 1 Trial Day
◀ Day 23 Trial 1 Day 25 ▶

Day 24 - June 13, 2024

Judge Beverly J. Cannone · Trial 1 · 8 proceedings · 1,955 utterances

Day 24 of 35
Appearing:

Lt. Tully's cell tower evidence unravels under Jackson's cross-examination, while the prosecution closes the day with a sweep of DNA testimony placing O'Keefe's profile on the tail light, a broken drinking glass, and his own clothing.

Full day summary

Day 24 opened with the conclusion of Lt. Brian Tully's direct examination, establishing surveillance video and cell tower records tracing Karen Read's movements through Canton in the early morning hours. Alan Jackson's cross-examination dominated the morning, attacking the investigation on three fronts: investigators never sought consent or a warrant to search 34 Fairview Road despite indicators of an altercation inside; Tully's own police report documented three pieces of plastic recovered at the scene while five pieces were presented to the jury; and Jackson extracted Tully's own confirmation that his RTT ranging data, as plotted, would require a device traveling 135,000 miles per hour. On recross, Tully conceded he could not produce the Verizon records key needed to definitively interpret the data fields underlying his arc maps. The afternoon shifted to forensic DNA testimony from three analysts — Nicholas Bradford and Tess Chart from Bode Technology, and Andre Porto from the Massachusetts State Police Crime Lab — each presenting statistically overwhelming evidence linking O'Keefe's DNA to the vehicle's tail light, a broken drinking glass, and his clothing. The defense waived cross-examination on all three DNA witnesses and the chain-of-custody officer.

  • Jackson establishes that investigators never sought consent to search 34 Fairview Road — bypassing the probable cause requirement entirely — despite O'Keefe's missing coat, missing shoe, a broken glass, and reports of a physical altercation.
  • Tully performs the calculation himself on the stand, confirming that his RTT ranging arc maps, as labeled, would require a device traveling 135,000 miles per hour.
  • On recross, Tully admits he does not have the Verizon records key in front of him, leaving the interpretation of his arc map data unresolvable during testimony.
  • Nicholas Bradford testifies that O'Keefe's DNA profile appears on the vehicle's tail light with a likelihood ratio of 740 nonillion — a number with 30 zeros.
  • The defense waives cross-examination on all four prosecution witnesses in the afternoon session, leaving the DNA evidence uncontested before the jury.
Brian Tully
“135,000.”
The day's most dramatic exchange — Tully confirms his own calculation, validating Jackson's attack on the scientific foundation of the prosecution's cell tower ranging evidence.
Brian Tully
“I don't have them in front of me.”
The final note of the Tully cross-examination sequence — unable to produce the records key, Tully cannot defend the interpretation of the data he used to build his maps.
Nicholas Bradford
“That would be the number with 30 zeros.”
Bradford translates the nonillion-scale likelihood ratio into plain language for the jury, anchoring the prosecution's physical evidence case after a damaging morning for the investigation's credibility.

Brian Tully - Direct (Part 2)

Lt. Tully explains why no search warrant was sought for 34 Fairview Road, then walks the jury through surveillance videos and cell site location data tracking Karen Read's vehicle and phone movements between midnight and 6 a.m. on January 29, 2022.

Direct
Brian Tully Adam Lally
460 utt.

Continuing from the previous day, Lt. Brian Tully testified about the decision not to search the interior of 34 Fairview Road, explaining that without evidence placing John O'Keefe inside the home, there was no probable cause for a warrant under the Fourth Amendment. He then walked the jury through surveillance videos from the Canton Public Library and Temple Beth Abraham showing a large black SUV consistent with Read's vehicle traveling northbound on Washington Street at 12:27 a.m. and again at 5:18 a.m. Tully presented cell site location information (CSLI) maps he created from Read's Verizon call detail records, showing her phone connecting to antennas near 34 Fairview Road between 12:33 and 12:38 a.m., then near 1 Meadows Lane from 12:39 to 5:08 a.m., before moving through downtown Canton between 5:16 and 5:37 a.m. He also presented ranging data that narrowed the phone's location to specific arcs around cell towers, which he testified were consistent with the surveillance video and witness accounts of Read's movements.

+1 procedural segment

Brian Tully - Cross

Defense attorney Jackson cross-examines Lt. Tully on the failure to search 34 Fairview's interior, discrepancies in evidence documentation, cell tower analysis limitations, and uninvestigated leads.

Cross
Brian Tully Alan Jackson
643 utt.

Defense attorney Alan Jackson cross-examined Lt. Brian Tully across four main areas. First, Jackson established that investigators never sought a search warrant or even requested consent to search the interior of 34 Fairview Road, despite circumstantial indicators — O'Keefe's missing coat, missing shoe, a broken drinking glass, and reports of a possible physical altercation — that the house merited investigation. Second, Jackson confronted Tully with his own police report documenting three pieces of plastic recovered from the scene, while the evidence bags presented to the jury contained five pieces, with Tully unable to account for the discrepancy beyond speculation that a fragment broke off. Third, Jackson challenged the reliability of the RTT (ranging) data Tully used to create cell tower arc maps, calculating that the two arcs Tully plotted would require the device to travel 135,000 miles per hour in 0.004 seconds — a physical impossibility. Jackson also showed that the cell tower pinging Read's phone between 5:20-5:37 a.m. was significantly closer to Jennifer McCabe's residence than to 34 Fairview. Finally, Jackson pressed Tully on the failure to investigate a Ford Edge seen parked in front of 34 Fairview between 2:30 and 3:30 a.m., with Tully admitting he did not know if the Albert family owned such a vehicle.

Brian Tully - Redirect/Recross

Lt. Tully's redirect and recross, addressing cross-examination challenges to forensic evidence collection and cell tower ranging calculations.

Redirect
Brian Tully Adam Lally
81 utt.

On redirect, ADA Lally methodically addressed the main points raised during cross-examination. Lt. Tully detailed why investigators discounted the Ford Edge witness — the person gave three inconsistent accounts, self-reported being color blind, was observing from a distance during a blizzard, and was subjected to a suggestive single-photo identification procedure. Tully clarified that the recovered evidence was found on the roadway or curb, closer to the street than to 34 Fairview Road. On the cell tower speed calculation Jackson had used to challenge the ranging data, Tully explained that the two data points need not represent simultaneous positions and that he corroborated cell records with video and witness statements. Tully also noted the Canton Police sally port video appeared to be motion-activated based on jumps in the recording, and that Verizon provided limited ranging records that prevented route-of-travel analysis.

Recross
Brian Tully Alan Jackson
52 utt.

On recross, Alan Jackson returned to the RTT (ranging) data that had been a focal point of his cross-examination. Jackson methodically established that Tully used the procedure start time of 5:18 a.m. on his arc map, then pressed Tully on whether the start time and first distance were paired data points — which would revive the 135,000 miles-per-hour calculation from cross. Tully resisted, insisting the times were placed on the slide but not used to generate the arcs, and conceded it was 'probably unbelievable' that the values represented exact start and end times. Jackson then asked Tully to consult the actual Verizon records and their key, and Tully admitted he did not have the records key in front of him. The exchange ended abruptly after that concession.

J. Ryan Gallerani - Direct

Sgt. Gallerani testifies about collecting buccal swab DNA samples from Sgt. Bukhenik and Trooper Proctor at the Norfolk DA's office and shipping them to Bode Technology for analysis.

Direct
J. Ryan Gallerani Adam Lally
44 utt.

ADA Lally calls Sgt. J. Ryan Gallerani of the Needham Police Department, who testifies about his certification in DNA buccal swab collection through Mass. State Police training. On January 16, 2024, Gallerani collected buccal swab samples from Sgt. Bukhenik and Trooper Proctor at the Norfolk District Attorney's Office in Canton. He explains the physical collection process, confirms he secured the samples in evidence at his department, and states the samples were later shipped to Bode Technology in Lorton, Virginia following their protocols. Lally establishes that Gallerani had no prior involvement with the case and did not know any of the parties.

+1 procedural segment

Nicholas Bradford - Direct

DNA analyst Nicholas Bradford testifies about STR testing on tail light extract and hair sample from Karen Read's vehicle, finding very strong support for John O'Keefe's DNA on the tail light and excluding two troopers.

Direct
Nicholas Bradford Adam Lally
181 utt.

Nicholas Bradford, a DNA analyst from Bode Technology in Lorton, Virginia, testified about DNA analysis performed on evidence from the passenger side rear of Karen Read's vehicle. Bradford explained that the tail light extract contained a three-person DNA mixture. Using STRmix software and likelihood ratio analysis, he found very strong support for inclusion of John O'Keefe's DNA (740 nonillion times more likely), and strong support for exclusion of both Trooper Yuri Bukhenik and Trooper Michael Proctor. Bradford also tested a hair shaft from the same panel area but found the autosomal DNA was below the limit of detection for STR testing. The hair was subsequently forwarded to analyst Tess Chart for mitochondrial DNA testing.

+1 procedural segment

Tess Chart - Direct

Bode Technology DNA analyst Tess Chart testifies about mitochondrial DNA testing on a hair sample, finding it consistent with John O'Keefe's profile.

Direct
Tess Chart Adam Lally
137 utt.

Prosecution calls Tess Chart, a forensic DNA analyst at Bode Technology in Virginia, to testify about mitochondrial DNA analysis performed on a hair sample (E01) submitted by the Norfolk District Attorney's office. Chart explains her qualifications, the difference between autosomal and mitochondrial DNA, and the testing methodology including PCR amplification, gel visualization, and DNA sequencing. She testifies that the mitochondrial DNA profile from the hair sample was consistent with John O'Keefe's reference profile, and that using the EMPOP international population database, at least 99.89% of the US population can be excluded as a source of the hair, with 95% statistical confidence.

+1 procedural segment

Andre Porto - Direct

MSP Crime Lab DNA analyst Andre Porto testifies about DNA testing on evidence items from John O'Keefe's clothing, the vehicle tail light, and a broken drinking glass, finding strong DNA matches to O'Keefe across multiple samples.

Direct
Andre Porto Adam Lally
335 utt.

Andre Porto, a forensic scientist in the DNA unit at the Massachusetts State Police Crime Lab, testified about his educational background, lab accreditation, and the four-step DNA testing process (extraction, quantitation, amplification, detection). He analyzed numerous evidence items in the case, finding DNA profiles consistent with John O'Keefe on the passenger side tail light (510 nonillion times more likely), a broken drinking glass exterior (530 nonillion times more likely), multiple stains on O'Keefe's jeans (570–830 nonillion times), stains on an orange T-shirt and gray long sleeve shirt (up to 490 octillion times), and fingernail clippings. A hair root from the vehicle's rear panel yielded no detectable human DNA and was sent to Bode Technology for mitochondrial testing. Porto also explained that DNA analysis cannot determine when or how DNA was deposited.

+2 procedural segments
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