Trial 1 Trial Day
◀ Day 24 Trial 1 Day 26 ▶

Day 25 - June 14, 2024

Judge Beverly J. Cannone · Trial 1 · 5 proceedings · 1,539 utterances

Day 25 of 35
Appearing:

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

Day 25 opens with prosecution digital forensics expert Jessica Hyde delivering a detailed rebuttal to the defense's central claim about Jennifer McCabe's phone: that the 'how long to die in cold' search was performed at 2:27 a.m. and then deleted. Hyde places the search at 6:23–6:24 a.m. and finds no evidence of deletion, attributing the 2:27 timestamp to tab movement rather than a search event. On cross, Yannetti extracts that Hyde cannot definitively exclude the 2:27 a.m. timing and establishes that Detective Tully restricted her analysis scope, preventing her from examining call logs that might have revealed deleted evidence. The afternoon brings crash reconstructionist Trooper Joseph Paul, whose direct testimony links vehicle control history data to a pedestrian strike consistent with 24 mph reverse acceleration. A voir dire hearing then exposes that Paul's opinion about the Ring video and taillight damage was formed two weeks before trial after a meeting with Lally, never memorialized in a report, and based on a video Paul first watched on Court TV. The day ends with Jackson arguing to the judge that this constitutes a pattern of discovery violations by the Commonwealth — a ruling the judge reserves for the weekend.

  • 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.
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.

Jessica Hyde - Direct/Cross

Prosecution digital forensics expert Jessica Hyde analyzes Google searches on Jennifer McCabe's phone, concluding they occurred at 6:23-6:24 a.m. Defense cross-examination challenges the definitiveness of this timestamp conclusion.

Direct
Jessica Hyde Adam Lally
238 utt.

Jessica Hyde, a digital forensics examiner and owner of Hexordia, testifies as a prosecution expert about two Google searches on Jennifer McCabe's phone: "how long to die in cold" and "how long to die in ckd." After extensive qualification testimony covering her Marine Corps background, government intelligence work, and academic credentials, Hyde walks the jury through her analysis of Safari browser artifacts, SQLite databases, and write-ahead log (WAL) files. She concludes that the searches occurred at approximately 6:23-6:24 a.m. on January 29, 2022 — not at 2:27 a.m. as defense expert Richard Green's affidavit asserted — and that the 2:27 timestamp reflects tab movement activity, not search time. Hyde further concludes there was no evidence of user deletion, explaining that the WAL file's "recovered" marking is commonly misinterpreted by examiners as indicating deletion.

Cross
Jessica Hyde David Yannetti
49 utt.

David Yannetti conducts a focused cross-examination of prosecution expert Jessica Hyde, challenging her conclusion that the 2:27 a.m. timestamp on Jennifer McCabe's phone reflects tab movement rather than a search. After briefly summarizing Hyde's complex direct testimony, Yannetti presses her on whether her analysis can definitively rule out that the Google search was performed at or before 2:27 a.m. Hyde concedes there is a 'very unlikely possibility' but maintains there is no evidence of a search at that time. Yannetti then establishes that Hyde's analysis was narrowly scoped by Detective Tully to examine only Safari search history from January 29, 2022, and that she was not instructed to examine call logs — which could have revealed deletion of calls that morning. The prosecution sustains an objection on this final point but declines redirect.

+1 procedural segment

Joseph Paul - Direct (Part 1)

MSP Trooper Joseph Paul, a crash reconstructionist, testifies about his scene investigation, vehicle inspection, data analysis, and opinion that vehicle data is consistent with a pedestrian strike in reverse.

Direct
Joseph Paul Adam Lally
971 utt.

Trooper Joseph Paul of the Massachusetts State Police Collision Analysis and Reconstruction Section (CARS) testifies about his investigation of the scene at 34 Fairview Road and the defendant's Lexus SUV. He describes mapping the scene with GPS and drone equipment, documenting roadway evidence including the pedestrian's final rest position, a shoe (9 ft away), glass cup pieces (1 ft), and red/clear plastic fragments (7-12 ft southeast). Paul details his mechanical inspection of the vehicle (no defects found), VBOX acceleration and braking tests, and the download of Toyota TechStream vehicle control history data showing two triggering events at odometer mile 12,629. The second event (12,629-B) shows the vehicle stopping, shifting to reverse, and accelerating to 24.2 mph with 74.5% throttle pressure over approximately 97 feet in a nearly straight line, with a speed drop from 24.2 to 23.6 mph that Paul testifies is consistent with a pedestrian strike. He provides a kinematics analysis describing a forward projection with sideswipe collision and testifies the vehicle's backup cameras and proximity sensors were fully functional.

Joseph Paul - Voir Dire

Trooper Paul testifies in voir dire regarding whether low-speed vehicle contact could have caused taillight damage. Defense moves to exclude the testimony as a discovery violation based on the opinion's recent formation.

Voir Dire
Joseph Paul
245 utt.

In this voir dire outside the jury's presence, ADA Lally elicits Trooper Paul's opinion that the low-speed contact between Karen Read's Lexus and John O'Keefe's Traverse, captured on Ring video, could not have caused the broken taillight on Read's vehicle. Paul testifies the taillight sits 42-50 inches off the ground, above the bumper line, and O'Keefe's vehicle shows no corresponding damage. Jackson cross-examines aggressively, establishing that Paul never physically tested the two vehicles together, never conducted force testing on the taillight, formed this opinion only two weeks before trial after a meeting with Lally, never memorialized it in any report, and first saw the video on Court TV rather than during his investigation. The judge reserves ruling, requesting copies of the video and photographs for weekend review.

Procedural
Procedural - Arguments
25 utt.

Defense attorney Alan Jackson moves to exclude testimony from a crash reconstruction officer who offered a new opinion during direct examination about whether video evidence showed sufficient force to cause taillight damage on the defendant's vehicle. Jackson argues this constitutes a discovery violation, citing a pattern of Commonwealth witnesses presenting undisclosed opinions formed during recent prep sessions — referencing similar issues with Jennifer McCabe and Officer Saraf. Prosecutor Adam Lally responds that the testimony falls within the officer's expertise as a crash reconstructionist and that no improper disclosure occurred. Judge Cannone declines to rule immediately, requesting the enhanced video exhibit and related materials for review over the weekend.

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