Day 25 - June 14, 2024
Judge Beverly J. Cannone · Trial 1 · 5 proceedings · 1,539 utterances
Digital forensics expert Jessica Hyde places McCabe's incriminating Google search at 6:23 a.m. — not 2:27 a.m. — while crash reconstructionist Joseph Paul's taillight opinion collapses under cross-examination after he admits he first saw the Ring video on Court TV.
Full day summary
Key Moments
- Jessica Hyde testifies the 'how long to die in cold' search occurred at 6:23 a.m. on January 29, 2022, not 2:27 a.m., and that no evidence of deletion exists.
- Yannetti extracts that Hyde cannot rule out a 2:27 a.m. search and that police deliberately limited her examination to Safari history, excluding call logs.
- Trooper Paul testifies vehicle control history data shows a speed drop from 24.2 to 23.6 mph during reverse acceleration consistent with a pedestrian strike.
- In voir dire, Jackson establishes Paul conducted zero physical testing, formed his Ring video opinion two weeks before trial, disclosed it in no report, and first saw the video on Court TV.
- Jackson moves to exclude Paul's taillight opinion as part of a systematic pattern of discovery violations; Judge Cannone reserves ruling over the weekend.
Notable Quotes
Jessica Hyde
“I had no evidence of deletion.”
Hyde's bottom-line conclusion on McCabe's phone is the prosecution's direct answer to the defense's deletion theory — the most consequential factual dispute of the day.
David Yannetti
“Your analysis of the phone does not rule out that the user of that phone performed that Google search at or before 2:27 a.m.”
Yannetti's distillation of the day's digital forensics battle into a single question — the concession that follows is the defense's most important takeaway from Hyde's testimony.
Alan Jackson
“This has become a pattern of conduct by the Commonwealth, over and over and over. We're finding these witnesses getting on the stand — finding out that there's been a sort of preemptive strike in some sort of a prep interview where they're coming up with new opinions, new conclusions, new facts.”
Jackson frames the Paul voir dire not as an isolated misstep but as part of a recurring prosecutorial pattern, escalating the discovery dispute into a systemic challenge.