Day 25 - June 14, 2024
Judge Beverly J. Cannone · Trial 1 · 5 proceedings · 1,539 lines
Jessica Hyde places McCabe's disputed search at 6:23–6:24 a.m. and calls a 2:27 search very unlikely; Joseph Paul presents collision-reconstruction opinions and faces voir dire over a recently formed taillight opinion.
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 asks whether Hyde can rule out a 2:27 a.m. search; Hyde calls it very unlikely and unsupported by evidence. Hyde says Tully relayed a Safari-history-focused assignment, that she reviewed related phone-use artifacts, and that she was not instructed to examine call logs; Yannetti's deleted-call hypothetical drew a sustained objection.
- 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, Paul testified that he had not tested a low-speed Lexus-to-Traverse contact, formed his Ring-video opinion about two weeks before trial, did not include it in his 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 said she found no evidence that the search was deleted, directly addressing the defense's deleted-search theory.
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 asked whether Hyde's analysis ruled out a search at or before 2:27 a.m.; Hyde answered that it was a very unlikely possibility unsupported by evidence.
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 characterized Paul's recently formed opinions as part of what he argued was a recurring Commonwealth discovery problem.
6h 26m