Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
◀ Day 24 Trial 1 Day 26 ▶

Day 25 - June 14, 2024

Hyde Addresses Search Artifacts; Paul Testifies on Vehicle Data

Judge Beverly J. Cannone
5Proceedings
3Pages
2Witnesses
1,991Lines
6 sidebars
Day 25 of 35
Appearing:
Adam LallyDavid YannettiJoseph PaulJessica Hyde

Jessica Hyde addressed phone-search artifacts and the scope of her analysis. Trooper Joseph Paul testified about vehicle data, followed by voir dire and deferred ruling on a Ring-video opinion.

Full day summary

Jessica Hyde testified about her limited review of Safari search-history artifacts from Jennifer McCabe's phone. She said a browser-state timestamp reflected tab activity rather than the time a Google search was made, and said she found no evidence that the relevant search-term artifacts were deleted. Trooper Joseph Paul then testified about crash-reconstruction work and Lexus vehicle-control-history data, including his opinion that a reverse maneuver reached 24.2 miles per hour and that one point in the data appeared consistent with a pedestrian strike. Before the jury entered, the court heard voir dire and argument over Paul's opinion concerning a Ring video; Judge Cannone deferred a ruling on the defense request to exclude it and requested the video and related materials for review.

Notable Moments

Jessica Hyde Direct Examination

Hyde testified that the browser-state artifact did not establish a 2:47 a.m. search time and that she found no evidence the search-term artifacts had been deleted.

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Jessica Hyde Cross-Examination on Phone Search Timeline and Review Scope

Hyde said Detective Tully relayed a limited scope focused on Safari search history for January 29, 2022; she had not been instructed to examine call logs.

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Joseph Paul - Direct

Paul interpreted the 12,629B vehicle-control-history event as a reverse maneuver that reached 24.2 miles per hour and testified that one point in the data appeared consistent with a pedestrian strike.

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Arguments on Defense Request to Exclude Crash-Reconstruction Opinion

Judge Cannone deferred a ruling and requested the video and materials shown during voir dire for review over the weekend.

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Notable Quotes
Jessica Hyde
“That timestamp is not indicative of a time of search. So the question is difficult to answer, because I can't say that that timestamp tells me anything about the time of search.”
Hyde distinguished the tab timestamp from evidence of when a search occurred.
Joseph Paul
“Yeah, there's a point in there where it appears to be consistent with a pedestrian strike.”
Paul gave his reconstruction opinion about a point in the vehicle-control-history data.
Beverly J. Cannone
“I’m not ruling here. I want to review anything.”
The judge deferred a decision on the exclusion request pending review of the materials.
Video thumbnail for Day 25 — Hyde, Joe Paul 6h 26m
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1. Jessica Hyde — Direct/Cross

Digital-forensics examiner Jessica Hyde explained that a browser-state timestamp reflected tab activity rather than necessarily the time of a Google search, then testified about searches at 6:23 and 6:24 a.m. and the absence of deleted search-term artifacts.

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Direct
Jessica Hyde Adam Lally
258 lines

Digital-forensics examiner Jessica Hyde described her qualifications, her examination of a full file-system extraction identified as Jennifer McCabe's phone, and her use of multiple forensic tools. She testified that the browser-state timestamp associated with one search reflected tab activity rather than necessarily the time of the search, identified searches at 6:23 and 6:24 a.m., and said she found no evidence that the relevant search-term artifacts were deleted. During absorbed sidebars, the court directed the prosecutor to refrain from leading and later required a foundation after defense counsel objected to Hyde's references to testing done by “we.”

2 sidebars inside this proceeding
  1. Leading Questions and Report Tables Counsel sought permission to display tables from the witness's report, while defense asked that questioning avoid leading the witness.
  2. Foundation for Firm Work Defense objected to testimony referring to work done by an unidentified “we” and requested that the witness address her own work.
sidebar
Proposed Tables as Exhibits
15 lines

Counsel discussed offering report tables and figures as exhibits, with defense stating it would not object; the court also addressed a break and upcoming witnesses.

Cross
Jessica Hyde David Yannetti
66 lines

Defense counsel questioned digital-forensics examiner Jessica Hyde about whether a 2:27 a.m. timestamp could establish when a Google search occurred. Hyde said it was a tab timestamp rather than a search-time indicator and described her analysis as limited to Safari search history for January 29, 2022, under a scope relayed by Detective Tully. The court sustained an objection to a question about whether examining call logs could reveal deleted calls. Exhibits 580 and 581 were marked without objection.

2. Joseph Paul — Direct (Part 1)

Trooper Joseph Paul described scene mapping, his Lexus inspection, and vehicle data showing a reverse maneuver that reached 24.2 miles per hour.

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Direct
Joseph Paul Adam Lally
1279 lines

Trooper Joseph Paul described his crash-reconstruction training and his mapping of Fairview Road, including the recorded locations of a shoe, glass, and plastic pieces near Mr. O'Keefe's final-rest location. He testified about his inspection and testing of the Lexus, stating that he found no mechanical defects and that the airbag control module produced no recovered data or events. Paul then explained Toyota Techstream vehicle-control-history data, including two triggers at 12,629 miles, and testified that the second event showed a reverse maneuver that reached 24.2 miles per hour; he said a point in that data appeared consistent with a pedestrian strike. He also described the vehicle's backup cameras and sensors. The court halted proposed testimony about a Ring video after a defense objection and ordered a voir dire examination outside the jury's presence.

3 sidebars inside this proceeding
  1. Sidebar Without Recorded Discussion The supplied transcript records a sidebar beginning and ending but no substantive discussion or court action.
  2. Parents' Address on Exhibit The court and counsel discussed a parents' address visible on an exhibit; the prosecutor said it was not needed on screen and could be redacted.
  3. Vehicle-Damage Voir Dire and Scheduling Defense objected to proposed testimony comparing video impact with vehicle damage, and the court arranged a voir dire while addressing juror and trial scheduling.

3. Joseph Paul — Voir Dire

Trooper Joseph Paul testified outside the jury's presence that Ring-video contact was not consistent with the taillight damage. The court also deferred ruling on a late-disclosure dispute over a crash-reconstruction opinion.

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Voir Dire
Joseph Paul
335 lines

The court conducted a voir dire of Trooper Joseph Paul about a Ring video showing the defendant’s vehicle near Mr. O’Keefe’s vehicle. Paul testified that the observed contact was not consistent with the taillight damage, while the defense elicited that he had not physically compared or measured the vehicles, conducted force testing, or written a report memorializing the opinion. Paul also said he first watched the video on Court TV and later discussed the opinion in a pretrial meeting with Adam Lally.

Procedural
Arguments on Defense Request to Exclude Crash-Reconstruction Opinion
38 lines

Defense counsel asked Judge Cannone to exclude a crash-reconstruction opinion as a late discovery disclosure. The Commonwealth argued the opinion was within the witness’s expertise and acknowledged that related material should have been disclosed in hindsight. After directing both sides to avoid personal remarks, the judge deferred ruling and requested Exhibit 6 and the vehicle photographs for weekend review.

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