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 lines

Day 25 of 35
Appearing:

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

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 asks whether Hyde can rule out a 2:27 a.m. search; Hyde calls that possibility very unlikely and unsupported by evidence, while explaining she cannot rule out an unrecorded event. Hyde says Detective Tully relayed an assignment focused on Safari history, that she reviewed related phone-use artifacts, and that she was not instructed to examine call logs; Yannetti's hypothetical about deleted calls drew a sustained objection. 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. In voir dire, Paul testified that he formed his Ring-video and taillight-damage opinion about two weeks before trial after a meeting with Lally, did not memorialize it in a report, and first watched the video 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 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.
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.
Video thumbnail for Day 25 — Hyde, Joe Paul 6h 26m
Watch this day Day 25 — Hyde, Joe Paul Watch with synced transcript →

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 lines

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 lines

David Yannetti conducts a focused cross-examination of prosecution expert Jessica Hyde about her conclusion that the 2:27 a.m. timestamp reflected tab movement rather than the time of the challenged Google search. Yannetti asks whether her analysis can rule out an earlier search; Hyde calls that a very unlikely possibility, says there is no evidence of a search before that time, and explains that she cannot rule out an event that is not recorded. Yannetti then establishes that Detective Tully relayed an assignment focused on Safari history for January 29, 2022; Hyde says she also reviewed related phone-use artifacts but was not instructed to examine call logs. Yannetti asks whether call-log review could reveal deleted calls, Hyde answers, and Judge Cannone sustains Lally's objection.

+1 procedural segment

Joseph Paul — Direct (Part 1)

Trooper Joseph Paul explains the Lexus scene evidence and TechStream data: a stop, shift into reverse, and 24.2-mph event he says is consistent with a pedestrian strike, plus limits on camera and sensor testing.

Direct
Joseph Paul Adam Lally
971 lines

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 lines

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, was not consistent with 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, and agrees that a taillight might crack in a low-speed impact; Paul also says he cannot say definitively whether the vehicles contacted each other. Jackson further establishes that Paul 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 lines

Defense attorney Alan Jackson moves to exclude testimony from crash reconstruction officer Joseph Paul concerning a proposed opinion that the displayed vehicle contact was not consistent with the taillight damage, arguing that the opinion was not disclosed before testimony. Jackson characterizes the issue as part of a pattern of Commonwealth witnesses presenting opinions formed during recent preparation; prosecutor Adam Lally argues the proposed testimony falls within Paul's expertise and disputes the defense account of how the opinion arose. The parties clarify that the exhibit was the same video displayed with live magnification, not an enhanced video. Judge Cannone reserves ruling and requests the video and related photographs for review.

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