Commonwealth v. Read — Trial ArchiveJoseph Paul — Direct (Part 1)
1,279 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
(Testimony of Joseph Paul begins.)
MR. LALLY: Commonwealth would call Trooper Joseph Paul to the stand. JOSEPH PAUL, sworn
JUDGE CANNONE: Good afternoon or good morning.
JUDGE CANNONE: All right. Mr. Lally, whenever you're ready.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. LALLY: And how are you employed, sir?
MR. LALLY: And how long have you been a trooper with the state police?
MR. LALLY: And --
MR. LALLY: And where is it that you're currently assigned within the state police?
MR. PAUL: I am currently assigned to our collision analysis and reconstruction section, otherwise known as cars or recon.
MR. LALLY: And how long have you had that assignment with the reconstruction of cars?
MR. LALLY: And with respect to your assignment to that unit prior to beginning with that unit -- let me ask you this first. As far as the cars unit is concerned, how is that sort of divided up as far as -- is it sort of regions that you would specifically cover?
MR. PAUL: Correct. We have four separate -- four separate regions across the states. We have southeast and northeast, central, and the western.
MR. LALLY: And which of those are you assigned?
MR. LALLY: And geographically, how much territory are we talking about that the southeast covers?
MR. PAUL: Anywhere from Boston, down to the Cape, Martha's Vineyard, Nantucket, anywhere southeastern part of Massachusetts.
MR. LALLY: And currently, how many troopers are assigned to this specialized reconstruction unit within your southeast region.
MR. LALLY: And is there some kind of on-call system that your unit operates by?
MR. LALLY: Can you describe that for jury?
MR. PAUL: So we rotate -- so we rotate every day. Our on- calls are for 24 hours from 0700 to 0700, the next day.
MR. LALLY: Now, with respect to yourself upon -- well, prior to you entering into the cars unit, what, if any, specialized training do you undergo in regard to crash reconstruction?
MR. PAUL: So when I went through -- before I got into the unit, I was sent to three separate classes. Each class was 40 hours long. So the first class is basic at scene crash investigation. Next one is advanced crash investigation, and the other one is traffic crash reconstruction.
MR. LALLY: And with each of these trainings that you underwent prior to being assigned to the cars unit and some more that we'll talk about in a moment, with respect to each of the trainings that you've been a part of or undergone, is there some sort of certification that you receive in regards to a successful completion of those trainings?
MR. LALLY: Now, with respect to since you've been working with the cars unit over the last several years, what, if any, additional specialized training have you received in the area of crash construction?
MR. PAUL: Since I've been on, I've been into probably about 877 hours of education in the units. That's anything from bicycle crash investigation, human factors. I'm been currently certified through ACTAR for examiner and the technician. I am a CDR analyst and CR technician trainer. Just recently I attended -- I've attended multiple seminars, and mostly recently I attended a seminar in Houston on EDR data retrieval.
MR. LALLY: Now, among those other trainings that you received, do some of those trainings pertain specifically to pedestrian crashes?
MR. LALLY: And in addition to the training that you received through the state police, what, if any, professional organizations have you belonged to in regard to crash reconstruction?
MR. PAUL: Yes. I am currently I'm part of NAPARS, which is the National Accident Professional Accident Reconstruction Section. And I'm also certified through ACTAR, which is the Accreditation Commission for Traffic Accident Reconstruction.
MR. LALLY: Now, if I can focus specifically just for one on the ACTAR certification, can you explain to the jury sort of what goes into that, and as far as that certification is concerned, what is -- how does one obtain it?
MR. PAUL: Okay. So first thing you do is you got to submit an application to ACTAR to be allowed to take the test. And part of the -- you know, you have to tell them that how much education you've had, how many crashes you're investigated, basically anything within the crash investigation world, and then once they find that you're accepted into the thing, sent to take the test, then you got to set up a time for the test. We did it as a section throughout our states, and the test is a two part test. It's a practical and theory portion of the test. Each part is four hours long, and you got to pass both portions to be certified through ACTAR.
MR. LALLY: So there's a written exam and a practical portion of the test as well?
MR. LALLY: And can you explain to the jury sort of the practical portion, what does that consist of?
MR. PAUL: The practical portion is you basically have to make -- analyze the collision. So they give you a Simulated crash, and you have to go through and document the evidence. You have to answer a series of questions based on that specific crash. So there where you find the speeds and distances, times, and everything else related to that collision.
MR. LALLY: And you've successfully completed and received that certification, sir, is that correct?
MR. LALLY: And how long ago was it that you first received your ACTAR certification?
MR. LALLY: And how long is that cert -- is that sort of in perpetuity, or is there a sort of a continuing educational component attached to it?
MR. PAUL: There is a continuation component attached to it. The test is -- you get it's -- we're certified for five years. And within those five years, you still have to maintain a certain amount of education to reapply for ACTAR again.
MR. LALLY: And with respect to that ACTAR examination, are you familiar with sort of the success rate or the passing rates when it to that examination?
MR. LALLY: And what is it, sir?
MR. PAUL: It's fairly low? I can tell you within my unit at the time I took it, there were probably twenty -- twenty-seven of us that took it and only three of us passed at the time. Yeah, it's not a very high pass rate.
MR. LALLY: Now over the course -- let me ask you this. When you first sort of enter into the cars units, are you -- you just sort of you go through the training and then you are on call and get sent out on the road by yourself, or how does that work?
MR. PAUL: No. You first get initially assigned to a field training officer. And then at that point, we shadow the field training officer to various crashes?
MR. LALLY: And is there any sort of set time period for how long that shadowing process goes on for?
MR. PAUL: It's not really a set time. It's more based on -- on experience and how many crashes you go to and how much experience you have in the field. And then they basically -- well, if they feel like if you're deemed qualified -- qualified, then they'll send you on the road on your own.
MR. LALLY: And over the course of your years within the cars or reconstruction unit, approximately how many crashes have you responded to and investigated?
MR. PAUL: As of now, I've been to approximately 196 crashes, and I've probably assisted them about 100, 150 crashes.
MR. LALLY: And of those -- of all those crashes that you've responded to, investigated, if you know, percentage- wise or number-wise, approximately how many of those have been crashes involving pedestrians?
MR. PAUL: I know I've probably been -- I've been to approximately 55 pedestrian crashes, and I've assisted others on managing crashes also. So I mean 55 out of 196.
MR. LALLY: Now, with respect -- if I could turn your attention to by January 29th of 2022. Do you recall that day?
MR. LALLY: And at some points over the course of that date, were you contacted by somebody in regard to a pedestrian collision that turn -- occurred -- excuse me -- in the town of Canton?
MR. LALLY: And do you recall who it was that first reached out, or how did you first become aware of it?
MR. LALLY: And initially, as far as your involvement was concerned, what was your understanding as to the initial request for your involvement?
MR. PAUL: My initial request was to image the airbag control module, do an inspection, test the vehicle, and map the scene out.
MR. LALLY: Now, you've used that term a couple of times, and if I could just ask you to explain it a bit for the jury. When you say an airbag control module or an ACM, what is that, and what do you understand -- understand that term to mean in context of crass reconstruction?
MR. LALLY: And what you were referencing before as far as being a CDR -- having taken CDR trainings and being a CDR instructor, what, if any, relationship does the CDR have to --
MR. PAUL: CDR is just the crash -- crash data retrieval software. It's the software that we use to image or download an airbag control module.
MR. LALLY: And can you explain to the jury sort of the process of physically sort of how that's done as far as what are you doing to the vehicle in order to download that information?
MR. PAUL: Yes, there are two ways really to download a vehicle. It's either one is direct the module or just direct to the vehicle through the DLC port or the diagnostic link connector. The director module, we don't use the director module if a vehicle had no power, then we would have to go directly find the module inside the vehicle and go right to that specific module. But if the car has power, we would go direct to the DLC port, which is the same port that you see when you're like a technician would do the diagnostics on a car, they would plug underneath the steering wheel, and then we'll get there, extract the information from there.
MR. LALLY: Once that information is extracted, have you -- what, if any, training have you received in regards to reading or interpreting the data that's extracted from it?
MR. PAUL: Yes, I've been certified through -- as a CDR analyst, and I've taken two classes on it now.
MR. LALLY: Now, sir, turning your attention to February 1, 2022, on that date, where, if anywhere, did you go in relation to your investigation in this case?
MR. LALLY: Now at some point prior to that, were you made aware or did you do any research into sort of what the weather was like around the time -- what was reported to you initially as around the time the crash occurred?
MR. LALLY: Now initially on February 1, 2022, where did you go?
MR. LALLY: Now, sir, at some point in time on that day, did you also have occasion to go to the residence for a street called Fairview Road in the town of Canton?
MR. LALLY: And specifically, there was an address that you were directed to; is that correct?
MR. LALLY: And who, if anyone, did you go there with?
MR. PAUL: I believe it was one of the Canton police officers. It was Lieutenant Paul Gallagher I think his name was. I met him there.
MR. LALLY: And without anything specific as to what was told to you by Lieutenant Gallagher, what was sort of the purpose of having Lieutenant Gallagher there with you at that time?
MR. LALLY: Now in addition to that, were you also able to -- you're familiar with another specialized unit within the state police called the SERT team?
MR. LALLY: And at some points, did you have access to certain diagrams created by Lieutenant O'Hara within the SERT unit?
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm going to show you what's been marked as Exhibit 135 and 136. I'd ask you to review that and look up when you're finished.
MR. LALLY: I'm sorry, Mr. Jackson.
MR. JACKSON: That's okay.
MR. LALLY: Do you recognize those, sir?
MR. LALLY: And, Your Honor, with the Court's permission, if I could just publish that briefly for the jury.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could actually have Exhibit 136.
MR. LALLY: Trooper Paul, do you recognize what's up on the screen as Exhibit 136?
MR. LALLY: And is this the diagram that you were able to view from the -- created by Lieutenant O'Hara from the SERT team?
MR. LALLY: And what's contained, at least with this overhead shot, is that a fair and accurate portrayal of the roadway or the conditions of the roadway absent obviously weather at the time that you went out there on February 1?
MR. LALLY: Ms. Gilman, you can take that down. Thank you. Excuse me, Your Honor. If I could have one second.
JUDGE CANNONE: Sure.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm going to retrieve that from you and I've put two other photographs before you. I'd ask if you look those over and look up when you're finished.
MR. LALLY: And do you recognize those, sir?
MR. LALLY: What do you recognize those to be?
MR. LALLY: And one facing from the northbound direction, one facing from the southbound; is that correct?
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would submit as the exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 582, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 583, Photograph, was marked as an exhibit.)
MR. LALLY: And, Your Honor, with the Court's permission, if I could just publish these first to the witness and then publish them briefly to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Trooper, directing your attention to the screen, what you have before you, is that -- what's up on the screen, excuse me, is that what you have for you now marked as Exhibit 582?
MR. LALLY: And if you could, there should be a laser pointer on the desk somewhere before you, sir. If you could, using that laser pointer direct the jury's attention to sort of what we're looking at in this particular photograph.
MR. PAUL: All right. So this is Fairview Road, it's facing northbound. 34 Fairview Road will be on to the left in this area.
MR. LALLY: Now with regard to the roadway, when you went there, what, if any, observations or what, if anything, did you note about sort of the roadway surface or markings on the roadway or the general overall condition of the roadway?
MR. PAUL: The roadway was -- yeah, there was no -- no Significant difference -- significant -- anything Significant with the roadway.
MR. LALLY: As far as the roadway material, were you able to observe whether it was asphalt or concrete or anything else?
MR. LALLY: And as far as the markings within the roadway, what, if any, observations did you make of?
MR. PAUL: There was double yellow line, white fog lines, both sides of edge of the road that were going after the roadway.
MR. LALLY: And then as far as adjacent to the roadway or adjacent to the fog line, what, if anything, did you observe there?
MR. PAUL: So on to -- as you look at the picture, the left side has asphalt curbings. These are about five inches tall. Same on both sides. And there's a sidewalk along the right side of the roadway here.
MR. LALLY: And the side of the asphalt curbings, that's the same side of 34 Fairview was located on; is that correct?
MR. LALLY: Ms. Gilman, if I could have the next slide.
MR. LALLY: And, Trooper Paul, if I could direct your attention to the next exhibit before, I think it's 583. And, again, sir, what's up on the screen, is that what you have before you as 583?
MR. LALLY: And if you could again using the laser pointer, just briefly direct the jury's attention to what, if anything, you note as far as from this perspective?
MR. LALLY: Ms. Gilman, you can take that down. May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Now, Trooper, with regard to -- with regard to the roadway as far as Fairview Road, what, if anything, did you note in regard to postings regarding the speed limit on that particular roadway?
MR. PAUL: Yes, the posting for a speed limit is 30 miles per hour. At this area, it's only posted 30 miles per hour for northbound operators, and I believe it was, like, 19 Fairview Road it was posted in front of. For the southbound operators, it was not posted.
MR. LALLY: And so for a northbound operator, that would again be someone where the residence of 34 Fairview Road would be on the left-hand side of the road; is that correct?
MR. LALLY: And with regard to the width of the lanes or what, if any, measurements did you take in regard to the lanes or the roadway itself?
MR. PAUL: Yeah, each travel lane was approximately 12 feet, and the overall width was approximately 27 feet.
MR. LALLY: Now, as far as measurements being conducted with regard to the scene, what, if anything, did you use to or employ to make those measurements or what, if any, devices?
MR. PAUL: Yes, we -- I mapped the scene with a -- it's called a Leica GNS -- GNSS GPS(ph) total station and also used a drone.
MR. LALLY: That's a UAS; is that correct?
MR. LALLY: And with regard to each of those, as far as the GPS mapping and the drone, have you received any sort of specialized training in regard to employment of each of those tools?
MR. PAUL: Yes, I have been certified for the use of Leica. And I've also have a part -- I also have a license for the drone.
MR. LALLY: Now, as far as starting with the Leica or the GPS, if you could explain to the jury sort of what that is and how you that device in order to, as you've termed it, maps?
MR. PAUL: Yes, it's essentially what surveyors would use to make roadways. It uses satellites and GPS data, plus cell phone data to make marks on the roadway or not actual marks, but just mark points in the roadway that are within millimeters of the device.
MR. LALLY: And with regard to the drone device or how does that -- can you explain to the jury sort of how that works and how that's used?
MR. PAUL: Yeah, so the drone, and as we fly a drone around the area. We set it to set up a grid pattern to fly around the scene, and while it flies this grid pattern, it takes a series of photographs, and these photographs are also GPS marked. So we -- and once we get all the photographs in, we fill into a program, and the program will essentially stitch those altogether. And then once we get that picture, we throw it into a diagramming system.
MR. LALLY: And that diagramming system, have you also received training in regards to utilization of that diagramming system?
MR. LALLY: And the one that you're currently using within the cars unit, what is that diagramming system or software called?
MR. LALLY: And, Your Honor, may I approach the witness? THE COURT: Yes.
MR. LALLY: Sir, I'm showing you four documents. I'd ask you just to review those and look up when you're finished.
MR. LALLY: And do you recognize those, sir?
MR. LALLY: And what do you recognize those to be?
MR. LALLY: And the last one is the drone image; is that correct?
MR. PAUL: Yes, they're all -- they're all drone images. The last one is just a one that was put into my diagram and I labeled it as a drone image.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth is seeking to introduce them as the next four exhibit.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 584, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 585, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 586, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 587, Photograph, was marked as an exhibit.)
MR. LALLY: Yes. That's my fault. Thanks very much.
MR. LALLY: Now, Trooper Paul, are you familiar with the term -- well, let me ask you this. In regard to the roadway itself, what, if anything else beyond sort of lane width and overall width, what, if any other, measurements did you take there?
MR. LALLY: Let me ask it this way. As far as with elevation or incline in the roadway, what, if any, measurements did you take in regard to that?
MR. PAUL: Yeah, so we took a -- we took the elevation and roadway measurements -- or the elevation for the roadway.
MR. LALLY: And where in relation to the residence at 34 Fairview did you take that? Sort of the entire street or just in the general area of that specific address?
MR. LALLY: And from your measurements as far as -- well, let me ask you this. How was measurement regarded to elevation or incline, what kind of tool do you use for that?
MR. PAUL: We have a level -- it's a digital level that we will place on the roadway and we'll get a measurement from that.
MR. LALLY: Now, regard to the measurements that you took or the elevation or the incline in the roadway, anything -- or what, if anything, of significance did you find there?
MR. LALLY: So nothing significant; is that fair to say?
MR. LALLY: Now, sir, through your training and experience as a crash reconstructionist, are you familiar with the term related to crash reconstruction called roadway evidence?
MR. LALLY: And can you explain to the jury sort of what your understanding of that term is, and what types of things could be termed as roadway evidence?
MR. PAUL: That's roadway evidence is anything that's related to the collision you're investigating at the time. It could be anything from vehicle debris, you know, gouge marks, tire marks, anything that's related to a vehicle or whatever type of crash you are investigating. It game could be vehicle or pedestrians.
MR. LALLY: Or any sort of -- anything from either the vehicle or pedestrian as well; is that correct?
MR. LALLY: So pieces from a vehicle --
(Audio breaks through.)
MR. LALLY: Now, with respect to both your review of the SERT team diagrams, as well as speaking with members of the Canton Police Department, were you able to then plot certain pieces of roadway evidence onto those diagrams that you had just -- that I just showed you a few moments ago?
MR. LALLY: Now with reference to, are you familiar also, through your training and experience when it comes to pedestrian crashes as far as sort of the physics or kinematics of how pedestrians interact with vehicles in the course of a collision?
MR. LALLY: Now, I'm going to ask you just a couple of terminology questions when it comes to items that are involved in a collision, sort of simple Newtonian physics, Newton's First Law. Can you explain what that is to the jury and sort of how that pertains to any collision between two objects?
MR. LALLY: Yes.
MR. PAUL: Yeah, that's the when object stays in motion or stays at rest will stay at motion or rest until acted upon by an outside force.
MR. LALLY: Now, with respect to -- are you familiar also with a crash reconstruction term called final rest?
MR. LALLY: And are there different derivations of final rest as far as controlled final rest versus non-controlled final rest?
MR. LALLY: And can you explain just first to the jury what final rescue means in relation to crash reconstruction, and then what, if any, differences there are between a controlled final rest and an uncontrolled final rest?
MR. PAUL: Yes, the final rest is what we use for describe the area where a pedestrian came to stop after the collision. Immediately after the collision, this is where they first stopped or a vehicle -- that's a collision, that's where this vehicle first stopped. And a controlled final rest is when an operator actually controls the vehicle to the stop and as opposed to the uncontrolled final rest is when there is no control, it's usually acted upon by outside forces that will control the vehicle or a pedestrian to its final rests.
MR. LALLY: And, Your Honor, with the Court's permission if I could publish what's now been marked as Exhibits 584 through 587 for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could -- and, Your Honor, may I approach just to return the exhibits to the witness?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could ask you to zoom just in a little bit on that.
MR. LALLY: And now, Trooper, what you have up on the screen is that what you have before you, the first of those exhibits?
MR. LALLY: Now, using the laser pointer before you if you could, I would ask you to draw the jury's attention or direction to what, if anything, of significance you have noted within this diagram one.
MR. LALLY: Yes.
MR. PAUL: Okay. So in this time, I -- I labeled each part of the evidence. So there here would be the pedestrian's final rests, and they're all, since there's so many put together, everything was labeled with a red arrow that would be point to where the final rest is. And this is where a glass cup was found, and these are the red and clear plastic pieces. That's where they were found and the pedestrian's shoe was found here. The are smaller versions here in the light blue is one is the fire hydrants, the flagpole. This is a label for the street 34 -- and I don't see a street name -- Fairview Road here.
MR. LALLY: Now, as far aS measurements were concerned, what, if anything, were you able to do to measure sort of between different points of roadway evidence or specifically from the pedestrian or Mr. O'Keefe's final rest in reference to other items that you had depicted?
MR. PAUL: So on these diagrams, like it's hard to see here, but it is a scale diagram. The diagram itself is scale. Once you put a ruler up to the actual paper, it's scale. I also have on here, sorry to see, but there's, I mean, it's right here, they're called ground control points. They're little X's on the roadway. They're used for the drones, imaging, and using the drone -- the drone imagings will use those in order to help put the other pictures back together. At the time of this, I measured between each points from ground control point one to two and put it as approximately fifty feets(sic), and two to three is fifty feet and three to four is fifty feet. So it kind of is a second way to measure off the diagram and also using the program to measure to different points while using the diagram.
MR. LALLY: And as far as starting with the shoe that you have depicted in this diagram, what was the measurement of the shoe away from Mr. O'Keefe's body?
MR. PAUL: I believe the shoe was approximately -- I don't have my thing. It was approximately 10 feet away.
MR. LALLY: Your Honor, with the Court's permission, may the trooper refer to this report just for the specific measurements?
JUDGE CANNONE: Yes. A Got it.
MR. LALLY: Trooper, with regard to how far away approximately was that from Mr. O'Keefe's body?
MR. LALLY: And you also have a measurement for how far away the glass cut pieces were from Mr. O'Keefe's body?
MR. LALLY: And for the red plastic you have labeled on this diagram as. How far away from Mr. O'Keefe body was that?
MR. LALLY: Now, with regard to the directionality of -- you also measured for the directionality as far as the 9 feet the shoe was away, which direction was it?
MR. PAUL: Bach point -- each evidence was measured from the pedestrian's final rest. So the shoe was 9 feet southeast from the pedestrian's final rest.
MR. LALLY: And if you could, using the laser pointer on the screen, as far as the directionality of -- of if you could first direct the jury's attention to where Mr. O'Keefe's final rest is, and then as far as the directionality of southeast from that.
MR. PAUL: So right here, pedestrian's final rest. It's more right there. The shoe is right here. So it'd be kind of southeast. I have an arrow pointing north to kind of give an extra.
MR. LALLY: And the glass cup, that was 1 foot away. Which direction was that?
MR. PAUL: It was about one foot north. It was, I mean, it was found, like, within right next to him, so.
MR. LALLY: And the red plastic that you have labeled as A, again that was 7 feet, in which direction was that, sir?
MR. LALLY: As far as the clear plastic, what was the measurement and what was the directionality for that item, sir?
MR. LALLY: And the red plastic that you have labeled on the diagram as B. How far was that and which -- what directionality was that?
MR. LALLY: Sir, if I could direct your attention to the next exhibit before you a diagram. And, sir, do you recognize what's depicted up on the screen?
MR. LALLY: And if you could, again, using the laser pointer, what, if anything, of significance did you observe in this particular diagram in reference to what -- in reference to the roadway?
MR. PAUL: It's just essentially the same diagram. It's just a closer up version of it. So you --
MR. LALLY: I'm sorry.
MR. LALLY: Yeah. So you saw the pedestrian's final rest, glass clup(sic) cup, plastic pieces, the shoe it's also depicted in the diagram.
MR. LALLY: And the red arrows that you read indicated, delineated or depicted sort of from where the words are to where the items were, is that present in this diagram as well?
MR. LALLY: If I could direct your attention to the next exhibit before you, and if I could have diagram three, Ms. Gilman. Again, Trooper, do you recognize what's up on the screen?
MR. LALLY: And if you could just describe for the jury what are we looking at in this diagram?
MR. PAUL: So this is just a closer up to the -- the evidence. It's a little smaller -- smaller scale.
MR. LALLY: And these diagrams are created from photographs you took with the drone over head on that date of February 1, is that correct?
MR. LALLY: And if I could direct your attention to the last exhibits within those -- and, again, sir, if you could, do you recognize what's up on the screen?
MR. LALLY: And could you describe for the jury, again using the laser pointer to delineate what, if anything, the drone photograph and diagram analysis?
MR. PAUL: Yeah, so this is from my report the same diagram. It has the same amount of evidence on here. There's a house. There's a light pole here. These lines here which initially were the edge of the road and the edge of the sidewalk.
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, you can take that down.
JUDGE CANNONE: All right. Mr. Lally, why don't we pause here for the luncheon recess. Trooper Paul, we'll have you back with us this afternoon.
JUDGE CANNONE: If you'd follow the jurors out. Thanks.
COURT OFFICER: Court. All rise for the jury.
JUDGE CANNONE: And, jurors, why don't we take 40, 45 minutes. I'll see counsel at sidebar.
(Jury out.)
(Sidebar commences:
end of sidebar.)
(Court in recess.)
(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: Good afternoon, Trooper. All right. Mr. Lally, whenever you're ready.
MR. LALLY: Your Honor, with the Court's permission, may we have Exhibit 587 back up on the screen?
JUDGE CANNONE: Yes.
MR. LALLY: And, Ms. Gilman, that's the drone image.
MR. LALLY: Trooper Paul, directing your attention to what's up on the screen. It's now been marked as Exhibit 587. And this is the last set of four diagrams of drone images that I've presented before you before, correct?
MR. LALLY: Now, with respect to the evidence, specifically pieces of taillight that are depicted within this diagram, did you put every single piece of taillight that was recovered on January 29 in this diagram?
MR. LALLY: It's fair to say you did also not put every piece of taillight there. You were aware of what was recovered over the course of this investigation and depicted in this particular diagram?
MR. LALLY: Now, with respect to this particular area of Fairview Road, understanding that you were there in the daytime, correct?
MR. LALLY: However, when you were there in the daytime, what, if any, note did you take as to sort of overhead lighting or available for available for ambient street lighting in the area?
MR. PAUL: Yeah, so on the top corner -- I'll try to put it up here -- there's a light pole right there. A red light pole.
MR. LALLY: And with relation to where you've marked as far as the final rest position or Mr. O'Keefe, and the other areas of items of evidence that were recovered from the scene, was there any lighting in that particular area?
MR. LALLY: Ms. Gilman, you can take that down. Mr. Officer, if we can have the lights back. Thank you very much.
MR. LALLY: Now, turning your attention, sir, back to February 1, 2022. At some point, you were at the Canton Police Department, correct?
MR. LALLY: And where specifically within the Canton Police Department did you go?
MR. LALLY: And within the garage area, what, if anything -- what, if anything, did you do in the garage area?
MR. LALLY: And so -- I'm sorry. Is it fair to say the vehicle, the defendant's vehicle, was located in that garage area?
MR. LALLY: And you've imaged that vehicle. And what, if anything else, did you do with respect to the -- to that vehicle that day?
MR. LALLY: Now, at some points -- at some points, did you perform any sort of mechanical inspection of the vehicle?
MR. LALLY: And was that that day or at some later day?
MR. LALLY: And was that in the garage area itself, or where did you perform the mechanical inspection of the vehicle?
MR. PAUL: We analyzed a little bit of the steering and the brake pedals. It was sitting in the garage, then we did testing with it on the -- in the driveway next to Canton PD.
MR. LALLY: Now, sir, starting with a visual inspection of the vehicle --
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm showing you two photographs. I'd ask you to review those. Look up when you're finished.
MR. LALLY: Do you recognize those?
MR. LALLY: And what do you recognize those to be?
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next three exhibits.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Thank you.
COURT REPORTER: Thanks.
(Whereupon Exhibit No. 588, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 589, Photograph, was marked as an exhibit.)
MR. LALLY: Your Honor, may I return those to the witness?
JUDGE CANNONE: Yes.
MR. LALLY: And, Your Honor, with the Court's permission, may I publish those to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. One moment, Your Honor.
JUDGE CANNONE: Okay.
MR. LALLY: And, Trooper Paul, do you recognize what's up on the screen right now?
MR. LALLY: What do you recognize that to be?
MR. LALLY: And what's contained in this, is that a fair and accurate portrayal of the sort of front of this vehicle looking at it from the passenger side?
MR. LALLY: And, Ms. Gilman, if I could have the next photograph, please.
MR. LALLY: And, Trooper, do you recognize what's up on the screen now?
MR. LALLY: What do you recognize that to be?
MR. PAUL: That's a crime scene photo that I attached to my report with notations that I've made on it.
MR. LALLY: And what's contained in this photograph, is that a fair and accurate portrayal of what you observed in the rear passenger side area of the defendant's vehicle in the garage on February 1?
MR. LALLY: Now, let's step back a little bit here. With regards to what you've noted within this, if you could, using the laser pointer before you just direct the jury's attention to what, if anything, of significance you observed in your inspection of this area of the Lexus.
MR. PAUL: Okay. So on the left side here, put down there's scratches, and there was a dent there. The broken taillight here was here. There's some scratching -- scratches on the bottom right rear bumper here. And there was glass from a cut back on the bumper.
MR. LALLY: As far as the glass on the bumper, what, if any, observations did you make of that in relation to the vehicle itself?
MR. PAUL: Yeah. It appeared to be from a cup as opposed to any glass that came from the vehicle.
MR. JACKSON: Objection.
JUDGE CANNONE: So I'll strike the first part of the answer, but the second part will stand.
MR. JACKSON: I have no objection to the second part. Thank you.
MR. LALLY: Now with regard to the dents that you've delineated within this photograph, did you take any measurements from the ground as to where that was located?
MR. LALLY: And how far did you measure the dent to be approximately from -- from the ground?
MR. LALLY: And what, if any, measurements did you take as far as from one part of the vehicle to the other as far as where the dents were located?
MR. LALLY: Now, the scratches that you were talking about before, where were they in relation to the dent?
MR. LALLY: Now as far as you obviously also made observations of the driver's side taillight as well?
MR. LALLY: And so from what you observed with the driver's Side taillight versus the passenger side taillight, what, if any, observations did you make as far as the color of the pieces that you found missing from the passenger side taillight?
MR. LALLY: Yes.
MR. LALLY: Now the scratch marks along the bumper, did you take any measurements with relation to them?
MR. LALLY: And specifically, did you take measurements to the ground to where they were located?
MR. LALLY: What did you measure those?
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, you can take that down.
MR. LALLY: Now, Trooper Paul, when we talk about a mechanical inspection of a vehicle just first in general terms, what is it that you're doing with respect to the vehicle in order to conduct that mechanical inspection?
MR. PAUL: So when we do mechanical inspections, we're checking the steering, make sure the steering moves properly, the brake pedals make sure they are firm, make sure the pedal moves back and forth. Just generally, looking at the tires making sure there's no issues with the vehicle.
MR. LALLY: And what, if any, observations did you make of the vehicle itself as far as any defects or anything to do with the braking, the tires, or any of the other areas that you inspected?
MR. LALLY: Now, with relation to the -- the weight of the vehicle, what, if any, analysis or what, if anything, did you determine as to the weight of the Lexus?
MR. PAUL: The weight of the Lexus I didn't -- I mean it wasn't an analysis it was just based on the -- I mean, I have the gross vehicle weighing for the vehicle.
MR. LALLY: And how much did the vehicle weigh according to gross weight?
MR. LALLY: Now with respect to the lights of the vehicle and being the taillights and the headlights, what, if anything, did you determine those to be as far as what type of lights were they?
MR. LALLY: And if you could just expound a little as far as LED lights, what -- what, if any, significance does that have you for you or what kind of lights are LED -- how bright are LED lights?
MR. PAUL: LED can -- well, most comparison to what most people think in current taillights where they have the bulbs where they had to filaments. LED is more electronically controlled. They sense, you know, there's a sensor that will light up as opposed to a bulb-type headlight and taillights.
MR. LALLY: Now, are you familiar with an organization called NHTSA? A Yes.
MR. LALLY: And what does NHTSA stand for?
MR. LALLY: And what, if anything, did you do with regard to respect to NHTSA in respect to this vehicle itself?
MR. LALLY: And what, if any, recalls did you discover when you ran this particular vehicle through NHTSA?
MR. LALLY: And to be specific, we're talking about this specific vehicle as opposed to just Lexuses in general make and model, correct?
MR. PAUL: Correct. Yeah, we put the VIN in into the system and it will tell you if this vehicle has any recalls to it.
MR. LALLY: Now, you indicated on February 1, at some point you did some testing with the vehicle; is that correct?
MR. LALLY: And where was that testing done and what did it consist of?
MR. PAUL: It was done in the parking lot of Canton PD on the same day. We did a forward braking test, reverse braking tests, and reverse acceleration tests.
MR. LALLY: Now the parking lot of the Canton police station where you did this, what kind of roadway surface was that?
MR. LALLY: It's similar to the asphalt surface at 34 Fairview Road; is that correct?
MR. LALLY: And what was the condition of the roadway as far as how dry or wet was the roadway when you conducted these acceleration and braking tests?
MR. LALLY: And with respect to your understanding of January 29, 2022, with the asphalt surface in front of 34 Fairview Road, what was the condition weather-wise as far as that roadway surface at the time of this collision?
MR. LALLY: Yes.
MR. LALLY: Now, when you conducted these acceleration and braking tests with the defendant's vehicle, what, if anything, did you -- what, if any, tool or what, if any, implement did you use in the course of that test?
MR. PAUL: I used a device called a -- it's called a V box. It's a Vbox sport. the device is attached to the windshield and it's also attached by an antenna that goes to the roof. And then basically a Vbox -- do you want me to explain what a Vbox is?
MR. LALLY: Please.
MR. PAUL: Okay. So a Vbox is just -- it's an imagined performance for the vehicle. It uses GPS data -- data to measure the speeds and its location, and you use that just to -- it'll give us how fast we were stopping, a drag factor for the roadway for that specific vehicle and type of road, and acceleration factors. So we attach that to the windshield just kind of give me a way to check its acceleration. It's to check its performance.
MR. LALLY: And --
MR. LALLY: Sorry, Your Honor. Your Honor, one moment, please.
JUDGE CANNONE: Sure.
MR. LALLY: The Vbox is attached to that vehicle. So it's what specifically is it -- does it measure?
MR. PAUL: So, yeah, it's using the GPS data to plot its location, and so it's measuring its speeds and using the speed and the location, putting that together, and once you -- so you use the app on the -- for the V box and it accepts some parameters as, like, you can go, 30 miles per hour, 20 miles per hour, 10 miles prior and it will set your vehicle. So when you go to 30 miles per hour, it'll tell you what you're doing at 30, what you're doing at 20, what you're doing at 10, and then it'll know if you're doing braking or acceleration tests and it'll use those numbers that you have to give you, you know, your acceleration factor or braking factor for the vehicle.
MR. LALLY: And so the Vbox sports device that you use, and you've received training as it -- as it applies to, like, using that device?
MR. LALLY: And certification as well?
MR. LALLY: Now with respect to the Vbox sport as it's attached to that vehicle, that's measuring specifically from that vehicle with those tires on that roadway surface that day, correct?
MR. LALLY: Now, with regards to that testing on that day, you did some acceleration or reverse acceleration tests; is that correct?
MR. LALLY: And how many of those tests did you conduct?
MR. LALLY: And with -- can you describe to the jury sort of how you conducted those tests or what speeds you were or sort of that process of the two reverse accelerations tests that you conducted that day?
MR. PAUL: So the reverse acceleration test we conducted, we set the parameters up to be 25 miles per hour. So what we did is we tried to come from a stop at zero and then press the accelerators all the way -- about as far as I could press it and try to go back and see how fast I can get to 25 miles per hour and use -- and see what the performance it did at that time.
MR. LALLY: And what, if any, kind of data did you see, with the Vbox sport using during those two reverse acceleration tests?
MR. PAUL: It gave me an acceleration factor. It gave me its speeds and times and distances that it was at each location.
MR. LALLY: And if you could explain to the jury sort of when you say acceleration factor, what is an acceleration factor?
MR. PAUL: It's just a number of how fast the vehicle could travel from -- from, you know, an acceleration. And it could be a light acceleration to a medium acceleration to a hard acceleration. They all have a different number that you can use to kind of relate it back to what your -- what the acceleration is for that vehicle.
MR. LALLY: And what was the acceleration factor that you were able to obtain with those two reverse accelerations?
MR. LALLY: Now, during the course of those rapid -- I'm sorry -- the reverse acceleration tests that you conducted, on that day what, if anything, do you note -- well, let me ask you this. As far as the operation of the vehicle, who is actually physically operating the vehicle?
MR. LALLY: And what, if any -- what, if anything, did you note during your operation of the vehicle during the reverse acceleration test that you conducted?
MR. PAUL: We also noted the setup of the accelerator pedal moved freely. There was no binding. There were no interference from any -- anything on the floor. Nothing interfered with the accelerator pedal make -- it worked as it -- as it was supposed to.
MR. LALLY: And when you're doing this reverse acceleration test, are you going -- how are you -- if at all, are you manipulating the steering wheel at all, or is it a straight line test, or how is the test -- how's the vehicle directing during the test?
MR. LALLY: And when you accelerated in reverse in a fairly straight fashion with the steering wheel, what, if anything, did you note about that?
MR. PAUL: They kept the vehicle fairly straight. There was no -- it didn't -- it was fairly easy to keep control of.
MR. LALLY: Now in addition to the two reverse acceleration tests, what, if any, testing did you do with regard to a reverse braking?
MR. LALLY: And again, similar can you describe to the jury, this is also with the Vbox board attached; is that correct?
MR. LALLY: So you're obtaining data from that as well?
MR. LALLY: And during the course of the reverse braking test, what, if anything, first as far as data is concerned, how fast were these tests being conducted, what, if anything, was inputted, what, if any, data did you receive from it?
MR. PAUL: Yeah, so the versus breaking one, we tried to get up to about 30 miles per hour, and then once we got up to that speed, that's when we apply the brakes, try the brakes fairly hard to try to get the vehicle to stop.
MR. LALLY: And are you also familiar with the term known as a deceleration factor?
MR. LALLY: And can you explain to the jury what that means?
MR. PAUL: It's just essentially the opposite of what an acceleration factor. This is half -- a number for how fast the vehicle would slow down.
MR. LALLY: And with regard to the deceleration factor from the two reverse braking tests that you conducted on that dates, what, if any, figure did you receive from the -- from the instrument from the Vbox board?
MR. LALLY: Yes.
MR. PAUL: I believe this one was a -- so it fairly gives you a drag factor number for this vehicle, too, and our deceleration factor was both that were used the same way. This one was a .71.
MR. LALLY: Now with regards -- again, you're operating the vehicle during these two reverse braking tests; is that correct?
MR. LALLY: And what, if anything, did you note in regard to the operation of the vehicle when you were conducting these two reverse braking tests?
MR. LALLY: Now, in addition, sir, were you able to conduct some forward braking tests?
MR. LALLY: And similar again, could you describe to the jury as far as how you were operating the vehicle during the forward braking test?
MR. PAUL: Yes, essentially, the same thing as reverse except I was going forward this time. I got up to 30 miles per hour, and I would just apply the brakes about as far as I could apply them to the stops.
MR. LALLY: And again, are you receiving from the instruments some sort of deceleration factor?
MR. LALLY: And do you recall what that was?
MR. LALLY: And during the course of your operation of the vehicle during the forward braking test, again, what, if anything, did you note in regard to the operation of the defendant's vehicle?
MR. LALLY: Now, you talked a little bit about an ACM or an airbag control module, correct?
MR. LALLY: And you indicated earlier in your testimony that you had downloaded information from that; is that correct?
MR. LALLY: Now when you download that information, what, if anything, do you get from the vehicle or what, if any -- how are you able to sort of read or interpret that data?
MR. PAUL: So in the airbag control model, it's equipped with a spot event data recorder an EDR, and in that data from the R we will attach our -- use the BossCDR software and we'll attach to the vehicle and then that software will basically extract the information or image the information that's in the module, and so that -- and that information could range from getting us speeds with those breaking, if there's, you know, steering wheel movements, looking for a change of velocity, that type of -- so it's a lot of, you know, information around the vehicle.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Showing you a document, sir, seven pages in length. I'd ask you to review that and look up when you're finished.
MR. LALLY: Do you recognize that document, sir?
MR. LALLY: What do you recognize that to be?
MR. PAUL: This is the document that gets printed out through from the airbag control model through the crash data retrieval software.
MR. JACKSON: Thank you. May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
COURT REPORTER: Exhibit 590.
(Whereupon Exhibit No. 590, Chart, was marked as an exhibit.)
MR. LALLY: Now, sir, when it comes to the CDR printouts -- or let me ask you this, when it comes to the airbag control module, who is that designed to protect or to apply to in respect to safety measures with the vehicle?
MR. LALLY: And this may sound a little -- first when I say it, but essentially, the airbag control module is typically not designed to protect people on the exterior or the outside of the vehicle, correct?
MR. LALLY: Now, you've been involved in a number of crash investigations involving pedestrians, correct?
MR. LALLY: And as far as this particular case, what, if any, sort of useful or significant information were you able to interpret or retrieve from the ACM?
MR. LALLY: And when it comes to pedestrian crashes in general, as far as there being no data in this case, is that something that's abnormal?
MR. LALLY: If you want to explain to the jury sort of why?
MR. PAUL: So what an airbag control module is doing it's -- as it's running, it's constantly monitoring the vehicle. It's looking for a sudden change of velocity, like a collision. So once the hit feels that sudden change of velocity, essentially it will wake up and monitor the vehicle and see if their seatbelt -- people were wearing seatbelt -- their seatbelts on, what's the speed of the vehicle, a number of different things that it could look for, and once -- and all it wants to do is either do I deploy the airbags or do I tighten the seat belts. So most -- motor vehicle crashes with a car on car crash, there will be a higher change of velocity. So that's usually kind of what it's looking for. Pedestrian clash -- crashes are going to -- there's not going to be much change of velocity to the vehicle. That means when they both interact with each other, the pedestrian is not going to change that vehicle's velocity in such a quick manner as say two cars which struck each other.
MR. LALLY: Now with respect to crash reconstruction in general, are you familiar with a term called delta V?
MR. LALLY: And can you explain to the jury sort of what that term means as far as what is -- what is a delta V and what does it measure?
MR. PAUL: So that's kind of what I was saying with the change of velocity. It was a change of velocity. And I mean, like, change velocity, like, it's also be within a certain amount of time. So change the amount of speed within a certain amount of time.
MR. LALLY: And with respect to the vehicle as it applies to crashes or collisions involving pedestrians, and I think you've said a little bit about this, but what, if any, impact on the velocity of vehicle would striking a pedestrian typically have?
MR. LALLY: Now, specifically, when it applies to pedestrian collisions in general, are you familiar with the concept of linear momentum?
MR. LALLY: And when it -- can you explain to the jury sort of what that is and how it applies with pedestrian crashes in general?
MR. PAUL: Linear momentum, the momentum is essentially when two objects interact with each other, they -- they come in with -- with momentum, and they leave with momentum, with essentially the same momentum. And linear momentum just means something that's in line with each other.
MR. LALLY: Now, as far as we talked a little bit earlier in your testimony about roadway evidence, when it comes to your experience with pedestrian collisions, what, if any, relationship does that linear momentum have in relation to roadway evidence that you would expect to find at a scene of a pedestrian collision?
MR. PAUL: So when a pedestrian strikes a vehicle, they have -- they will go in the direction where the vehicle was -- was traveling. So the vehicle's traveling one way, the pedestrian strikes, it will go essentially that same way, depending on what part that vehicle strikes.
MR. LALLY: Now, as far as other items that the pedestrian may either have in their hand or other items of looser fitting clothing, what, if any, experience do you have as far as observations of those on collision scenes involving pedestrian collisions?
MR. PAUL: Yeah, so it's not -- it's not uncommon for pedestrians to lose, essentially, any sort of loose clothing. So, you know, shoes, belts, hats, anytime -- anything that's not very strapped on very well, will -- could leave the body.
MR. LALLY: And as far as directionality is concerned when it applies to that linear momentum that you were speaking of before, those sort of loosely held or handheld items or would glasses be included within that as well?
MR. LALLY: So those types of items as far as directionality is concerned, what, if anything, can you tell the jury about that?
MR. PAUL: Yeah, so they will go in the same direction the pedestrian travels post-impact. We usually use that as kind of a post-impact path of travel for the pedestrian showing that this is the direction that they would have traveled from where they got struck.
MR. LALLY: Now, are you also familiar with the reconstruction terms known as area of impact and point of impact?
MR. LALLY: And can you explain what those terms mean -- excuse me -- in a crash reconstruction context for the jury?
MR. PAUL: Yeah, so an area of impact is essentially the -- it's the area where the crash happened, where these two vehicles or vehicle pedestrians where their initial impact happens. Point of impact is the same thing. It's just more down to like the actual specific points in that specific area. Area can mean a little bit broader in that sense?
MR. LALLY: And what are some of the -- is this something that is delineated somewhat at least by roadway evidence?
MR. LALLY: And if you could describe for the jury sort of what types of roadway evidence that would lead you or any crash reconstructionist to formulate an opinion as to the area of impact?
MR. PAUL: Yeah, so like I said earlier with a path of travel, so a lot of inclusions(sic) will start -- most we start where the final rest goes, and we follow the debris or the clothing, we're back to where, you know, follow that path back to where it came from. And we know within that area, that's where an area of impact would be.
MR. LALLY: Now, with relation to the evidence that was depicted on the diagrams that were up on the screen before us, the exhibits, what, if any, relationship would the taillight pieces and the shoe that were recovered from the street in front of 34 Fairview Road have in relation to that area of impact?
MR. PAUL: Yeah, so when they were found in alongside the roadway. So I know that they were found -- the area of impact had to have been somewhere within the roadway and probably somewhere at the beginning, just, you know, prior to beginning of the area -- the first point of evidence that we found.
MR. LALLY: So somewhere towards the first point of evidence contained within that debris field; is that correct?
MR. LALLY: Now --
MR. LALLY: May I have one moment?
JUDGE CANNONE: Yes.
MR. LALLY: Now, sir, are you also familiar with a safety system specifically applicable to Lexus vehicles?
MR. LALLY: And have you ever seen training in regard to downloading information in regard to that as well?
MR. LALLY: And what is that safety system, what is that called?
MR. LALLY: And so the Toyota Techstream is a software similar to the crash data retrieval or CDR software that you were talking about but just specific to a Lexus?
MR. PAUL: Yeah, it's between Toyota -- Toyota and Lexus has software. The Techstream, it's similar in the fact that they both record data to the vehicle. Techstream was created by Toyota for their technicians to diagnose vehicles, and use that information to help, you know, any kind of mechanical issues that they would have with the vehicle that they can do when you bring your car to them, they can look at the Techstream and just kind of find out what --- what caused the mechanical issue.
MR. LALLY: Now, with respect to the Toyota Techstream data that's available, what kind of data are we talking?
MR. PAUL: So Techstream, yeah, obviously they diagnose the stuff so they're looking for any engine defaults or anything else, but they also have what's called a vehicle control history.
JUDGE CANNONE: I'm sorry. I missed that. It's called what?
JUDGE CANNONE: Thank you. A And the vehicle control history is it's basically monitoring people's driving behavior. So it has certain they call it triggers. The triggers that they have listed and when those triggers are met, they will record data related to that trigger.
MR. LALLY: And what type of data, in general terms, what type of data is -- are you able to recover through the Toyota Techstream tool from the vehicle control history?
MR. PAUL: Yeah, so each trigger being recorded it's the same as you've got to get up your speeds, brakes, the accelerator pedal is on, if the steering wheel angles, engine RPMs, all that type -- all the information that you have related to vehicles.
MR. LALLY: Now, in addition, is it possible with vehicles that have some vehicles made that are accessible through this Toyota Techstream including Lexus, which I should say -- I'm sorry. So Lexus is manufactured by Toyota, correct?
MR. LALLY: So in some vehicles, Toyota or Lexus vehicles, are made by that manufacturer are equipped with camera systems; is that correct?
MR. LALLY: And, again, in general terms, what, if anything, in relation to the camera system is it possible to collect from the vehicle control?
MR. PAUL: The camera systems in certain vehicles can record photos, like the grainy black and white photos.
MR. LALLY: And were you able to recover any black and white photos or photos of any kind from the defendant's vehicle in this case?
MR. LALLY: Now with respect to the sort of physical process of the downloading using this Toyota Techstream tool, can you explain to the jury sort of how that's physically done or what you're doing with the vehicle in order to download that information?
MR. PAUL: The same kind of same process, just different software as we would for the airbag control module. As I said before, we plug into the DLC port, and then up that software program, and we follow the steps, and we extract the information from the vehicle.
MR. LALLY: Now, the extraction of the Toyota Techstream data in this particular case, when was that -- when was that accomplished?
MR. LALLY: So a year and a day after you had conducted the braking, installation, test, and inspected the vehicle at the Canton Police Department garage?
MR. LALLY: And so as far as the timing of that being February 2nd of 2023, why was that?
MR. PAUL: I was at the time of my initial inspection, I didn't really know much about Techstream at that point. So I had -- so over time, I kind of learned about Techstream, and so once I first learned about it and I thought, this is -- is this relevant to our case, and I looked more into and found that it is relevant, so.
MR. LALLY: And the Toyota Techstream as far as that applicability or that tool, is that a relatively newer tool than the reconstruction?
MR. PAUL: It is getting fairly new as loke -- it's getting spread out. It's getting bigger. It first got created on one vehicle in 2014. So it's been slowly trickling into the Toyota and Lexus vehicles over time. But it's definitely gotten bigger within the past couple years.
MR. LALLY: Now, with regards to this information, when you were then able to download that information, you received some data; is that correct?
MR. LALLY: And you mentioned that it goes or it's measured sort of by triggers; is that correct?
MR. LALLY: And from the data that you were able to obtain from this -- from the defendant's vehicle, what type of data were you able to retrieve as it relates to the vehicle control history?
MR. PAUL: Yeah, so I mean it's had a, like, a page anda half full of triggers that over the vehicle's timespan that it -- that it -- that it captured.
MR. LALLY: And with respect to the triggers, how many triggers did it capture?
MR. PAUL: It's like a page and a half. I don't know exact numbers of how many triggers that -- that was on each page, but, you know, there was, you know, it's at least a good page and a half full of triggers.
MR. LALLY: Your Honor, may the trooper refer to his notes in regard to that?
JUDGE CANNONE: Yes.
MR. LALLY: Trooper, if I could direct you to I think it's page 9 of your report.
MR. LALLY: And how many triggers was it, sir?
JUDGE CANNONE: Does he have to count them, Mr. Lally?
MR. LALLY: No, no, I don't think he has to count them.
MR. LALLY: Sir, if I could direct you to paragraph 22.
MR. PAUL: Oh, yeah, so 22 separate triggers. Those are --- so in my report it says 22 separate triggers that occurred on odometer mileage 12665 to 12666.
MR. LALLY: And with regard to the mileage that you noted as far as being between miles 12665 and miles 12666, that's 12,665 to 12,666, correct?
MR. LALLY: And what was the mileage that you observed on the vehicle at inspection?
MR. LALLY: And at the time that you conducted this Toyota Techstream download from the vehicle, what was the mileage at that time?
MR. LALLY: And there's also referenced within the vehicle control history data in regard to something called a key cycle; is that correct?
MR. LALLY: Can you explain to the jury sort of what a key cycle is and what are the different things that could -- that could trigger a key cycle?
MR. PAUL: A key cycle is essentially so it's the from the ignition cycle. Sorry. So a key cycle is essentially from when the vehicle goes off, is pressed on, it doesn't necessarily need to be running or turned on, it just needs to be turned on and then off again, and that'd be one key cycle.
MR. LALLY: Now with relation to your analysis in regard to the vehicle control history, what, if any, role did the key cycle numbers or what -- what kind of role did that play in your analysis?
MR. PAUL: It shows -- it showed me where -- how far away they were from each other -- the key cycles were.
MR. LALLY: And how far away in what term, sir?
MR. PAUL: So when I turned the vehicle on when I did my testing, it showed me where -- what key cycle was that I was on when I did those testings and then the odometer mileage in relationship to that.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm showing you a document and just ask you to look at that look and look up when you're finished.
MR. LALLY: Do you recognize that, sir?
MR. LALLY: And what do you recognize that to be?
MR. LALLY: And, Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Okay.
COURT CLERK: Exhibit 591.
(Whereupon Exhibit No. 591, Chart, was marked as an exhibit.)
MR. LALLY: Your Honor, may I have a moment and then return it to the witness?
JUDGE CANNONE: Yes.
MR. LALLY: If I could have the Court's permission if I could ask to publish this for the jury.
JUDGE CANNONE: Okay.
MR. LALLY: Trooper Paul, what's up on the screen, is that the exhibit that you have before you?
MR. LALLY: Now, if you could using the laser pointer before you just direct the jury's attention to what we're looking at in this exhibit, and what type of information and where it's located within this exhibit.
MR. PAUL: Okay. So the -- this is the vehicle travel history. Every single point here -- this is where the triggers are. It's the release trigger. Odometer mileage is in this label here. These are the elapsed time and key cycles. I have noticed two arrows here. These were when the vehicle was with us, anda lot of this is related to my testing with the vehicle. And these right before that were the triggers that were prior to those testings.
MR. LALLY: Now, from the -- within this table, sir, there are two triggers recorded at odometer mile twelve thousand six twenty-nine?
MR. LALLY: And what's the key cycle associated with 12,629?
MR. LALLY: Now these triggers that are contained as far as the 12,629, that's prior to the --
COURT REPORTER: Your Honor, I'm having trouble hearing from back there.
JUDGE CANNONE: Yeah, you have to either come closer or speak up even louder, Mr. Lally.
MR. LALLY: I will speak louder, Your Honor.
JUDGE CANNONE: There's no microphone near you. That's the problem for the court reporter.
MR. LALLY: My issue is, Your Honor, there's no light over here.
JUDGE CANNONE: All right. So let's turn the light on, and then we can -- you can ask your question, then we'll turn the light right back off, please.
MR. LALLY: Thank you, Your Honor. My apologies.
MR. LALLY: So that odometer mile as far as two triggering events at 12,629, correct?
MR. LALLY: And that's occurs prior to the 12,665, 12,666 during the course of your braking and acceleration tests, correct?
MR. LALLY: And the mileage difference between those two, did you do that math?
MR. LALLY: What was the mileage difference between the two?
MR. LALLY: And how many key cycles were different between your testing and that odometer reading of 12,629?
MR. LALLY: Now as far as the -- what, if any, information did you have and where did you get it in relation to the defendant's vehicle's path of travel prior to those odometer readings that you noted when you did record?
MR. PAUL: Yeah, so, yeah, I got I was -- I was told that where she traveled afterwards prior to that. I was told -- I was noted their locations, and I used those locations to on through Google to get a mileage for them.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Showing you another document, sir, do you recognize that?
MR. LALLY: And what do you recognize that to be?
MR. LALLY: And may I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Thank you.
COURT CLERK: Exhibit 592.
(Whereupon Exhibit No. 592, Chart, was marked as an exhibit.)
JUDGE CANNONE: Thank you.
MR. LALLY: May I have one minute, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I return it to the witness, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: And, Your Honor, with the Court's permission, if I could publish it to the jury.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if you could enlarge that maybe just a little more.
MR. LALLY: Now, Trooper Paul, do you recognize what's up on the screen as the next exhibit before you?
MR. LALLY: These are, again, if you could explain to the jury sort of what we're looking at here and how you came to these final scores.
MR. PAUL: Yes. So when I got the directions, it showed us we got for 34 Fairview Road to 1 Meadows Ave., and when I put that address onto Google, it gave me suggested routes. So I put each suggested route on there and the time it took. So a key -- I did that with every directions from 1 Meadows Ave. to Waterfall, Waterfall to [REDACTED], and [REDACTED] to 1 Meadows Ave., and then 1 Meadows Ave. to 345 Country Hill Drive, North Dighton. So I did that for every single one and find suggested routes, so which is labeled in all these boxes here. And then at the bottom here, I did a total distance, and I did a min and a max distance of -- the minimal was 36.1 and the max distance of 38.8.
JUDGE CANNONE: All right. So I'm going to ask you to take that down for a minute, and I'll see counsel at sidebar, please.
(Sidebar commences:
JUDGE CANNONE: I know there was the defendant’s address yesterday. Is there any problem with her parents’ address being up there?
MR. JACKSON: I’m not crazy about it. I didn’t notice it. Is it on that -- is it even on the -
MR. YANNETTI: It is.
JUDGE CANNONE: It is.
MR. JACKSON: I appreciate the Court looking out, but I’m not crazy about it, but it’s mentioned about 500 times in a year or so. I’m not going to go nuts about it. I was more concerned about, my concern, the Gilbert address, but I would prefer it not be up. But I don’t want to make a big deal out of it. But if Ms. Gilman can maybe just scroll up?
JUDGE CANNONE: Do you need it?
MR. LALLY: I don’t need it on the screen again, and as far as the exhibit itself, we can redact that out.
JUDGE CANNONE: Okay. I know you didn’t raise it, but --
MR. JACKSON: I’m satisfied.
JUDGE CANNONE: I caught it yesterday before people were taking --
MR. JACKSON: And you caught it again, I appreciate it. I’m busy taking notes so I didn’t catch it.
JUDGE CANNONE: Yeah, all right. Thank you.
MR. LALLY: Thanks.
end of sidebar.)
MR. LALLY: Now, in addition to those distances there depicted in that exhibit, sir, have you also looked at a mileage or a distance between -- well, I'm sorry. The first up there was far as 34 Fairview Road to 1 Meadows Avenue; is that correct?
MR. LALLY: And that gave you sort of three different routes of travel; is that correct?
MR. LALLY: And the minute of a max was 2.2 to 2.6?
MR. LALLY: Now, if you were to add that as an additional sort of distance travel to the 36.1, 38.8, that you had calculated, how much of a difference does that make?
MR. LALLY: Yes.
MR. LALLY: And as far as your analysis that we're about to discuss, adding in that approximate two points whatever miles, how much of a difference does that make to your analysis and ultimate conclusions in regard to the VCH or vehicle control history data?
MR. PAUL: As we go on(ph) so the 36 is just within the realm that she could have traveled 36. The odometer mileage is the odometer mileage. So 36 is 36. That's what's on the vehicle. So within the realm of possibilities that the vehicle would have traveled thirty-six miles after the two triggers that were in this vehicle.
MR. LALLY: Now, with respect to that minimum and max as far as the 36.1, 38.8, what, if any, relationship did that have to the difference in the odometer readings that you observed between when you conducted a braking test, and when you observed these two triggering events that you were talking about in the earlier model?
MR. LALLY: And so I guess what I'm asking you, sir, is the thirty-six miles, was that within the range of the two triggering events that you were just talking about?
MR. LALLY: Now, as far as within your reporting, your analysis, did you come up with some sort of a label as far as these two different triggering events that you observed?
MR. LALLY: And that incorporated the mileage; is that correct?
MR. LALLY: And that was again 12,629; is that correct?
MR. LALLY: And then as far as any further label that you put on it, how did you label it?
MR. PAUL: I labeled them as in when they occurred. One is twelve thousand six twenty-nine A and one thousand -- the other one is twelve six hundred and twenty-nine B.
MR. LALLY: And with respect to the A and B, which one occurred first?
MR. LALLY: May I approach, Your Honor?
MR. LALLY: I'm putting up a document. Ask if you could read that and look up when you're finished.
MR. LALLY: And do you recognize that?
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 593, Chart, was marked as an exhibit.)
MR. LALLY: And, again, if I could just have a moment, Your Honor.
JUDGE CANNONE: Yes.
MR. LALLY: May I return this to the witness, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: With the Court's permission --
JUDGE CANNONE: Yes.
MR. LALLY: So with the document before you what's now up on the screen, do you recognize that as what's now been marked as the next exhibit?
MR. LALLY: Is -- if you could describe to the jury sort of what these rows indicate as far as what information is there and, if you could, using the laser pointer direct the jury's attention to what, if anything, of Significance you observed in this as far as 12,629 miles A.
MR. PAUL: Okay. So each row starting from the top is the vehicle control history time, which is the time that's recorded in the module itself or in the software that gets recorded as each time and it's recorded as seconds. This time is the time from the start of the key cycle. So it starts off at 652.8. And each one is incremented in approximately half second increments up to -- let me show it -- right here where the trigger is. This is what's called where the trigger happened. So right here is where it kind of goes from four point five to four point six, then it goes up to five. Then everything after that is about half second increments to make sure they're recorded ten seconds of time, which is labeled in this one total time of ten seconds. And I'll split time from trigger, just kind of leave it back to here's the trigger right here and this is the time between each one. This is kind of (ph). So and right here, this is the vehicle's speeds. The blue is just labeled because that's the speed. Zeros are labeled with a light blue as zero. So if I could read this. So this starts from -- it shows that the vehicle is traveling at 9.9 miles per hour. It's slowing down to about zero right here, and then stops for -- for that time and then freezes back -- speeds backs up to. It goes up to 6.2 and then slows back down to zero and then back up to 1.7 to 8.7, if I'm reading that right. And next below for us is miles per hour to kilometers. This is the accelerator opening ratio, which is really where this trigger comes from because the treble(ph) -- the trigger is labeled as the accelerator pedal opening angle is medium to higher immediately after shifting to reverse already labeled as R.
MR. LALLY: If I could stop you there --
MR. LALLY: -- just for a second, sir. As far as the accelerator opening -- accelerator pedal opening angle, can you explain to the jury sort of what that term means and what -- how that relates to sort of the operation of the vehicle?
MR. PAUL: So the accelerator pedal is, you know, the part where everybody puts their foot on and gets the vehicle to go. So the pedal -- so this is what's shown how far the pedal was actually pressed by the operator of the vehicle, and that's gives you a percentage of that. So if it was, you know, all zeros, not pressed, and 100 percent it's all the way down. So they labeled the trigger I think 30 percent is medium to higher in this -- in this way Toyota labels it. So and that's where you'll see the trigger is around 31.5 percent. And also shows when you start from the beginning, goes from zero and it increases up to 50 and a half -- 50.5 percent. And that's five point seconds. It's only, you know, a little over a second pass the trigger. And so it's 50 percent and then back off and then back onto the accelerator, again up to 34 percent.
MR. LALLY: Now, as far as this data is concerned with the VCH data from the Toyota Techstream, what, if any, information are you able to glean as far as directionality, as far as forward, reverse, left, right, things like that from this data?
MR. PAUL: So on this label right here, it shows the shift position signal. One is forward and two is reverse. So this right here is showing the vehicle was in drive and going forward. And then the view(ph) got shifted into reverse and then back to drive again.
MR. LALLY: Now, from your experience or from your training when it comes to interpreting this type of data, do you have any opinion as to sort of what type of maneuver or what type of actions the vehicle was taking during the course of this triggering event?
MR. PAUL: Yes. This appears the vehicle was slowing down and making a U-turn because the also the other thing into it, it shows steering wheel -- steering signal, and the steering wheel signal shows that she was traveling to left and then right and then back left again, and also, when she's on the brake switch.
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, you can take that down. And, Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, if I could just retrieve the one you have before you.
MR. LALLY: That document that I've just handed now, do you recognize that?
MR. LALLY: And what do you recognize that to be?
MR. PAUL: It's the one the twelve thousand -- the data chart from my report for as labeled as twelve thousand six hundred twenty-nine miles B.
MR. LALLY: So that's the second triggering event within this same mileage reading on the odometer, same key cycle?
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth is seeking to introduce them as the next exhibit.
MR. JACKSON: No objection.
(Whereupon Exhibit No. 594, Chart, was marked as an exhibit.)
MR. LALLY: If I can have just one moment, Your Honor. May I approach the witness?
JUDGE CANNONE: Yes, and for the sake of taking the best use of our time, if they're in evidence for the rest of this afternoon, both of you can then just ask to -- just go ahead and put them up and not ask for permission.
MR. JACKSON: Thank you, Your Honor.
MR. LALLY: And, Ms. Gilman, if I could.
MR. LALLY: And, Trooper Paul, do you recognize what's up on the screen now?
MR. LALLY: This is the VCH data chart from that same mileage or the second triggering event as far as 12,629 miles B, correct?
MR. LALLY: And again, this is in the same odometer range as well as the same key cycle as what was just up on the screen as far as 12,629 miles A, correct?
MR. LALLY: This occurs after A; is that fair to say?
MR. LALLY: Now similar to before when it comes to this VCH data up on the screen, if you could, using the laser pointer, demonstrate to the jury what, if anything, of Significance you note as a result -- with respect to this data.
MR. PAUL: So for this one, same label as before, just that the visual(ph) history of time is if I see that -- the trigger time was 1,142.2 seconds after key cycle. And this one shows all the same thing, 10 point -- 10 seconds of data. It was -- so the vehicle speed on this one shows that she's slowing down and it's 13.7 miles per hour and gets down to zero, then she's down to zero for a while. And then the vehicle's speed increases up to 24.2 miles per hour at its max speed, then it goes down to 23.6. That's the last two labels. An accelerator pedal angle at this point at key trigger is 36.5, and increases up to 74.5 percent, and it stays around 74.5 percent, 74, 73.5, and then 74.
MR. LALLY: Now that's 74.5 percent as far as the pressure being applied to the accelerator pedal, correct?
MR. LALLY: And with respect to that seventy-four point five, that's about three quarters down; is that correct?
MR. LALLY: Now with regard to this data from 12629 miles B, what, if anything, are you able to tell from this data as far as when that occurred in relation to 12629A?
MR. PAUL: So they occurred about approximately eight minutes. So twelve six nine A occurred eight minutes prior to the other one, and they both occurred within the same -- on the same odometer knowledge.
MR. LALLY: Now, with respect to the duration of the data that you were able to obtain from this one, specifically 12629 miles B, what kind of duration of data are we looking at in this particular table or chart?
MR. LALLY: How long a period of time --
MR. LALLY: -- does this depict?
MR. PAUL: So this is a -- from the -- from the start of the key cycle or just hold -- this -- just this -- this one?
MR. LALLY: Just this one.
MR. PAUL: Okay. So this is ten seconds of data. And with respect to that ten seconds of data, as far as the twenty-four point two miles per hour, when does that occur within the ten seconds of data for this particular event? A So twenty-four point two, as I'll point out is right here, it's actually around the, like, nine second mark.
MR. LALLY: Now similar to the other charts for A that was up on the screen a moment before, there's -- is there an indication as far as the accelerator pedal opening angle?
MR. LALLY: And what, if any, significance does that have, or what, if anything, does that indicate to you from this data, also(ph)?
MR. PAUL: It shows that the accelerator pedal angle went up to 74 and a half percent. So as a -- out of 100 percent, it went up to 74 and a half percent.
MR. LALLY: Now with respect to directionality for this, what, if any, data is contained within this chart in respect to that?
MR. PAUL: Yeah, so on the bottom row it shows the steering wheel signal -- steering signal shows slowing down as zero, it's like point five nine, thirteen point five, thirteen point five. It's saying it's 13.50, 4.5. And that's we're taking about steering wheel -- how far did the steering wheel move from left to right. So that's the degrees of a steering wheel angle.
MR. LALLY: Now, as far as when the vehicle was shifted sort of from drive or neutral or park or whatever it was, at some point, is there an indication in this data set on this table as far as when the vehicle was placed into reverse?
MR. LALLY: And how far into this ten second data sets was the vehicle placed into reverse?
MR. LALLY: And so am I correct then that there is a five second difference between four seconds when it's placed in reverse, and nine seconds, approximately, when it achieves that twenty-four point two miles per hour?
MR. LALLY: Now, as far as the 74.5 percent pressure that's placed on the accelerator pedal, when is that recorded in seconds in relation to the 10 second data set on the -- in this table?
MR. LALLY: Now, as far as this trigger is concerned, I understand from your testimony that the maximum speed is 24.2; is that correct?
MR. LALLY: And what is the vehicle's speeds recorded at the end of this ten second days.
MR. LALLY: Now as far as the vehicle being in sort of different sets, as far as drive, reverse, things of that nature, what, if anything, did you observe within this data set as far as how it is at the beginning, how it changes at all, what happens with regard to that in the data setting.
MR. PAUL: So this one shows that the vehicle was in drive. It starts off in drive. It's slowing down to zero, and it goes to zero which neutral then goes down -- then it goes into reverse. So it's going straight and stops, then it's placed in reverse and then goes backward -- goes in reverse.
MR. LALLY: Now, as far as the reverse is concerned, you indicated there's also some steering angles that are recorded within the data?
MR. LALLY: And what, if anything, was recorded in this ten seconds of data, specifically, I'm asking from the time that it goes to reverse to the end of the set, the end of the data set, what, if anything, do you observe with reference to the change in steering angle of the steering wheel?
MR. PAUL: It does not change much. It's only 13. I think the far it goes to the left is that 13.5 percent. So that's only -- I mean, if the steering is the circle, the whole circle is 360 degrees. So 13.5 percent is only -- and it's still fairly straight in a vehicle at 13.5 percent.
MR. LALLY: So from this data, this vehicle is backing up in the manner of about five seconds or so in a fairly straight line, and it achieves a maximum speed of 24.2 miles per hour, correct?
MR. LALLY: And even at the end of this data set, the vehicle is still traveling approximately 23.6 miles per hour?
MR. LALLY: Now as far as the small deviations in the steering that you were testifying about, based on your training and experience, what, if anything, would cause that?
MR. PAUL: The steering wheel is also caused by operator traveling only small amounts by up to here. So it's only just operator steering at those small deviations.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Let me grab that one.
MR. LALLY: I'll hand you another document. Do you recognize that?
MR. LALLY: What do you recognize that to be?
MR. PAUL: It's a more of a closer up snippet of that document that I have attached to my report.
MR. LALLY: And, Your Honor, may I approach --
JUDGE CANNONE: Yes.
MR. LALLY: Sorry. Commonwealth would seek to introduce this as the next exhibit.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: You can go ahead and publish it if you're inclined to.
MR. LALLY: Okay.
(Whereupon Exhibit No. 595, Chart, was marked as an exhibit.)
MR. LALLY: Trooper Paul, from what's depicted up on the screen, isn't it -- as this next exhibit, if you could, using the laser pointer, just direct the jury's attention to what, if anything of significance, you observed in this portion of the base?
MR. PAUL: Yeah, so I circled in my -- in here if they dropped from 24.2 to 23.6. And also the steering wheel one second went from a left at four point five to a right four point five. So a positive to a negative. And also the same thing with the accelerator opening ratio kind of stays consistent with 74 percent.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you another document, sir.
MR. LALLY: Do you recognize that?
MR. LALLY: What do you recognize that to be?
MR. PAUL: It's a vehicle control history distance chart I have attached -- I calculated and attached to my report.
MR. LALLY: And may I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and to admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay. So go ahead and publish it if you're inclined.
(Whereupon Exhibit No. 596, Chart, was marked as an exhibit.)
MR. LALLY: Trooper Paul, do you recognize what's up on the screen that has now been marked as Exhibit 596?
MR. LALLY: And, again, if you could, using the laser pointer -- well, let me ask you this first. As far as this table and this information up on the screen -- I should have asked you this before. What -- how is this table created, and what, if anything, does this illustrate it?
MR. PAUL: Yeah, so this illustrates from the chart of 12,629B. I started from when the vehicle was placed into reverse. And when it immediately goes from zero and travels up to -- travels up to 23.6. Just that's like the last part of that last chart we had.
MR. LALLY: And what, if anything, were you able to do as far as distance traveled and how were you able to determine that?
MR. PAUL: So I used the -- this vehicle's speeds and the time and calculated a distance that the vehicle traveled during -- during this time.
MR. LALLY: And as far as the total distance traveled from the zero to the 23.6 at the end, what was the total distance there?
MR. LALLY: And with respect to the vehicle's maximum speed as far as point 24.2 miles per hour that's recorded within this data set, how much distance had the vehicle traveled prior to achieving that 24.2 miles per hour?
MR. LALLY: Thank you, sir.
MR. LALLY: May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Now, Trooper Paul, with regard to based on your training and experience with respect to this type of data and crash reconstruction in general, this particular set of data from -- whose the name again -- from 12,629 miles B, what, if any, type of collision is that data sets consistent with and what?
MR. PAUL: Yeah, there's a point in there where it appears to be consistent with a pedestrian strike.
MR. LALLY: And why is it that your interpretation of that data you feel is consistent with a pedestrian strike?
MR. PAUL: It's the sudden change of speed that 24.2 to 23.6 in a half second while the accelerator pedal is still at a consistent at 74 percent. And also, the steering wheel angle goes from -- it goes left at 4.5 degrees and also goes right to 4.5 degrees and then goes back to left after that. So right at that -- right at spot is something that's consistent with a pedestrian strike.
MR. LALLY: Now, with respect to Mr. O'Keefe, the pedestrian in this collision, what, if any, data were you able to see or review in relation to your reconstruction analysis in this case?
MR. LALLY: As far as Mr. O'Keefe, what, if anything, did you learn about his injuries?
MR. LALLY: Yes.
MR. PAUL: Yeah, they were blunt force injuries. I mean, there was abrasions, lacerations, and blunt force injuries.
MR. LALLY: And the injuries that's that you observed or that you were informed about, did you learn this from the medical examiner; is that correct?
MR. LALLY: And with respect to the injuries Mr. O'Keefe was recorded as having sustained, according to the medical examiner, if any, relationship did those injuries have to you in relation to a pedestrian collision?
MR. LALLY: As far as the injuries that you were informed by the medical examiner that Mr. O'Keefe had sustained.
MR. LALLY: What, if any, relationship did those injuries have in relation to a pedestrian collision?
MR. LALLY: And how so?
MR. PAUL: Due to, I mean, do you want me to break down each injury? Due to the arm, the lacerations of the arm, from the taillights, the dent with the scratches for his hand could be, those are something that would be consistent with this -- in this particular case with striking a Lexus.
MR. LALLY: Now, specifically with reference to this case, what, if any, analysis did you conduct with regard to kinematics?
MR. PAUL: Yes, I did a kinematics analysis in my report. Kinematics deals with the aspect of motion.
COURT REPORTER: Slow down.
MR. LALLY: And I'm sorry, if you could expand upon that just a little bit and explain to the jurors sort of what kinematics analysis is.
MR. PAUL: So, a kinematics analysis like I said it deals with the aspects of motion, pedestrian crashes get kind of -- get labeled and certain types of how they interact. So in this particular case, I kind of labeled as a -- it's a forward projection crash with a Sideswipe. And what I mean by forward projection, it means that when a pedestrian gets struck by a vehicle, well basically they're -- it's a principal of impact forces are above the pedestrian's center of gravity as in this case where you get the higher back of the vehicle. When you get struck by something like that, it projects you forward in the direction of the vehicle. And in this situation where he gets more struck through the side of the vehicle with -- along the taillight area, that it projected him to forward and then to the left due to this -- like more of a sideswipe manner.
MR. LALLY: With respect to the -- you mentioned the height of the vehicle. As far as the shape of the back of the vehicle, what, if any, relationship does that have in regard to you sort of labeling this as a forward projection/sideswipe collision?
MR. PAUL: Yeah, due to it being, you know, pretty flat, it's not the front of vehicle where you had the hood and a pedestrian saying above the hood. It's -- it's the back of the vehicle. It's pretty flat and it's pretty higher up.
MR. LALLY: Now with respect, you were also made aware through your review of the medical examiner's report that there was injury to the back of Mr. O'Keefe's head?
MR. LALLY: And based on your training and experience and in particular through pedestrian collisions, what, if any, Significance did that have in relation to your opinion as to how Mr. O'Keefe interacted with the defendant's vehicle?
MR. PAUL: So, yeah, so when you look at the damage, he would have interacted with that left side of the vehicle. And when he got struck by the vehicle on the left side, it would have caused his vehicle to rotate kind of counter clockwise. And then when that rotation, he could turn into his back and his back could have struck the grounds. I noted at the scene that there was asphalt curbing, which could have -- somewhere he could have struck his head in there or somewhere along any of the pavement would have caused damage. Most forward projection crashes have damage on both sides of the body.
MR. LALLY: Why is that?
MR. PAUL: Due to them get projected forward. So they get hit from behind, they had damage to the back, and then when they get projected forward, they get damage to the front. So, I mean, in this case, he got projected and got spun counterclockwise due to the where he got impacted with the vehicle.
MR. LALLY: Now with regard to the vehicle speeds kinematically speaking from your analysis in respect to that, what, if anything, can you say in relation to just in general terms as far as a pedestrian collision is concerned, how much of that vehicle's speed would a pedestrian be assuming in the context of a pedestrian collision with forward projection?
MR. PAUL: Forward rejection(ph) will have almost 100 percent speed, post impact, and more -- like I said in this case, it's more of the fact that he didn't get 100 percent. Like his center of mass didn't strike the vehicle, so he would not have gotten thrown 100 percent out of the vehicle speed post impact. He would -- his right side would have sustained the vehicle's speed and that would have caused him to spin out. So as opposed to a traditional forward projection, if he was right there in the middle of the vehicle, he would have gotten projected forward, and he would have sustained -- his full body would have sustained the vehicle speed.
MR. LALLY: Is that abnormal as far as the sort of forward projection type or pedestrian collision? And what I'm going to ask is specifically to not having any contact with sort of the bottom of the vehicle or being run or something like that, can you -- can you expound upon that a little?
MR. PAUL: Yeah, due to this sideswipe matter, the projection lock to left is wouldn't show that he would have been -- the car would have ran over him or traveled over him like traditional --
MR. JACKSON: I'm sorry, Your Honor. A The car would --
JUDGE CANNONE: I'm going to ask you to slow down --
JUDGE CANNONE: -- just a little bit trooper?
MR. PAUL: Sorry. A Yes, so due to the situation in this scene where he got projected to the left and by(ph) rotated, it would have rotated away from the vehicle and his body would not have traveled under the vehicle as you do in a lot of traditional forward projection crashes, the vehicle would get dragged(ph) before ahead of the vehicle, and that vehicle could possibly travel over that pedestrian.
MR. LALLY: So that is not what you found in this particular pedestrian collision, correct?
MR. LALLY: I know you've mentioned it a couple of times, but I -- if I could ask you to just expound a little bit. When you're talking about center of mass and how that relates between sort of a pedestrian and a vehicle in a pedestrian-type collision.
MR. PAUL: So pedestrians almost every object has a center of mass. Pedestrians are the same. So if a pedestrian's center of mass is essentially opposite(ph) half the body and you would also put down it's around the chest area, just below the chest area would be a center of mass for a pedestrian. And they all range based -- based on height and body shape.
MR. LALLY: And so where on someone's body, typically, would a center of mass be located?
MR. LALLY: Now, if I can turn your attention, Trooper Paul, back to February lst of 2022 when you were at the Canton Police Department. You mentioned this -- or you testified earlier at some point that you went outside to an asphalt sort of roadway surface and conducted some forward acceleration and rear acceleration braking test, correct?
MR. LALLY: Now in addition to that, what, if any, other testing did you do with respect to that vehicle on that particular date in that location?
MR. PAUL: We did. We checked the cameras and the backup -- we did back up visibility analysis with the cameras and the vehicle.
MR. LALLY: And again, if you could just in general terms -- or, first, just describe for the jury, when you say visibility analysis, typically speaking, what are you doing in a visibility analysis?
MR. PAUL: In the visibility analysis, we are trying to see what an operator would see in a vehicle. Looking for -- invest(ph) in this particular case, we're trying to see if the operator of the vehicle would be able to see a pedestrian behind the vehicle. And also in this where we have backup cameras, we're trying to look at the cameras and see what would the cameras pick up as we go into reverse.
MR. LALLY: And in fairness to the defendant at this particular time when visibility analysis was conducted, it was during the daytime; is that correct?
MR. LALLY: Your understanding of the crash is that it occurred at nighttime, correct?
MR. LALLY: Now, as far as a visibility analysis, typically, would you be looking to recreate as close as you can to the conditions at the time that the collision occurred?
MR. LALLY: And why were you not able -- were you able to do that in this case?
MR. LALLY: And why not?
MR. PAUL: Due to his -- most like I said -- what I said it was mostly done when we're trying to see what a pedestrian would -- an operator would see pedestrian. It's mostly done because it's an accident, but not at times when it's, like, an intentional act, we don't -- we don't -- visibility is not an issue in this Situation. We were just more -- we wanted to make sure that the cameras worked and the backup sensors all worked in the vehicle.
MR. LALLY: Now as far as this particular visibility analysis that was conducted in this case, how, if at all, was that memorialized?
MR. LALLY: My apologies. Before I get to that, sir.
MR. LALLY: If I can turn your attention just back to the Techstream just for a moment.
MR. LALLY: And, Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm showing you a series of seven photographs. I'd ask you to look those. First, I'm just going to ask you generally if you recognize those?
MR. LALLY: And what do you recognize those to be?
MR. PAUL: It's the inside of the vehicle. It appears to be taken out the -- it's showing it they're taking out the infotainment system.
COURT REPORTER: The what system?
MR. LALLY: And the last photograph there, what, if anything, does that depict, sir?
MR. LALLY: And what, if any, involvement did you have in respect to this investigation in regard to the infotainment system?
MR. PAUL: I didn't have anything. That was Trooper Nick Guarino's did the infotainment system in this vehicle.
MR. LALLY: And you indicated earlier in your testimony that you had training as it relates to Berla, correct?
MR. LALLY: And what, if any, relationship does Berla have with respect to the infotainment system?
MR. LALLY: And if you know, are you familiar with whether or not that was able to be accomplished in this particular case?
MR. LALLY: And do you know why not?
MR. PAUL: Because they had to go to -- I think Berla didn't have the equipment so they went to a --
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Now as far as those photographs, are they an accurate portrayal of what you observed in the vehicle during the time that you were conducting your testing?
MR. LALLY: Your Honor, the Commonwealth would seek to introduce them as the next seven exhibits.
JUDGE CANNONE: Any objection, Mr. Jackson?
MR. JACKSON: I'm sorry, I was writing a note. Were those five photographs?
MR. LALLY: Seven.
JUDGE CANNONE: Seven.
MR. JACKSON: Sorry. No -- no objection.
(Whereupon Exhibit No. 597, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 598, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 599, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 600, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 601, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 602, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 603, Photograph, was marked as an exhibit.)
MR. LALLY: And, Your Honor, with the Court's permission if I could just --
JUDGE CANNONE: Yes.
MR. LALLY: Now, Ms. Gilman, if I can have the photograph labeled BEP2.
MR. LALLY: And, Trooper Paul, do you recognize what's up on the screen has now been marked as Exhibit 597?
MR. LALLY: And what part of the vehicle are we looking at in this photograph?
MR. LALLY: And, Ms. Gilman, if I could have BEP3.
MR. LALLY: And, Trooper Paul, do you recognize what's now up on the screen and is marked as Exhibit 598?
MR. LALLY: And if you could, using the laser pointer, direct the jurors' attention to what, if anything, of Significance you observe in this part of the photograph?
MR. LALLY: And as far as the infotainment system, when you are operating that vehicle, what, if anything, was displayed on that screen within the infotainment system?
MR. PAUL: If you were in drive, it just said, you know, the radio and navigation stuff. But if you're in reverse, that's where the backup cameras and sensors would be.
MR. LALLY: And, Ms. Gilman, if I could have BOP45 -- BEP4. I'm sorry.
MR. LALLY: And, Trooper Paul, do you recognize what's up on the screen as Exhibit 599?
MR. LALLY: And what, if anything, are we looking at in this is exhibit?
MR. LALLY: So that's how this vehicle is started and stopped essentially is the push button starter; is that correct?
MR. LALLY: Ms. Gilman, if I could have BEP22.
MR. LALLY: And, Trooper Paul, do you recognize what's up on the screen as now been marked what's Exhibit 601.
MR. LALLY: And if you could, using the laser pointer, direct the jury's attention to what, if anything, you observed of significance to this.
MR. PAUL: Yes, that's the infotainment system. It's on. It shows the start light here. It looks like it sets the navigation.
MR. LALLY: Thank you.
MR. LALLY: Ms. Gilman, you can take that down.
MR. LALLY: Now, with -- if I could take you back just for a second to the VCH data and the kinematics of what you were testifying about just a moment ago. You had mentioned that with respect to the injury to the back of Mr. O'Keefe's head that is consistent or could have been caused by striking his head on part of the pavement or the curbing; is that correct?
MR. LALLY: Now as far as your training and experience in pedestrian collisions that you've responded to in investigating on prior occasions, as far as weather, as far as the coldness of the ground being frozen, what, if any, impact did that have as far as in relation to the injury to the back of Mr. O'Keefe's head?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Now as far as the visibility analysis that you were conducting on February 1, you mentioned that that was memorialized with photographs as well as video; is that correct?
MR. LALLY: And this video that was taken, sir, was that in the interior of the vehicle, exterior of the vehicle or both?
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm showing you two disks. Do you recognize those?
MR. LALLY: And those are the recordings of the visibility or the braking and acceleration tests from February 1, both interior of the vehicle/exterior of the vehicle; is that correct?
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce as the next two exhibits.
MR. JACKSON: No objection.
(Whereupon Exhibit No. 604, Disk, was marked as an exhibit.)
(Whereupon Exhibit No. 605, Disk, was marked as an exhibit.)
MR. LALLY: Before we get to those videos, Trooper --
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you another series of what I believe to be eight photographs. I'd ask you to just look at those and look up when you're finished.
MR. LALLY: And do you recognize what's depicted in those photographs, Trooper?
MR. LALLY: And what do you recognize those to be?
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce as the next exhibits.
JUDGE CANNONE: Okay.
MR. JACKSON: No objection.
(Whereupon Exhibit No. 606, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 607, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 608, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 609, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 610, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 611, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 612, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 613, Photograph, was marked as an exhibit.)
MR. LALLY: And, Ms. Gilman, if I could from this packet photograph 2612.
MR. LALLY: Trooper, if you could, please describe to the jury what we're looking at in this photograph that's now been marked as Exhibit 606.
MR. PAUL: Yes, this is the view from the operator, as they would turn around and look to the back of the vehicle.
MR. LALLY: And, Ms. Gilman, if I could have photograph 2616.
MR. LALLY: And, Trooper Paul, do you recognize what's up on the screen that has now been marked as Exhibit 610?
MR. LALLY: And can you please describe for the jury what, if anything, we're looking at here?
MR. PAUL: Yes, that's the view inside the vehicle showing the infotainment system, and it had backup cameras on it.
MR. LALLY: Now as far as the backup cameras on this particular vehicle, what kind of view was -- was able to be portrayed or what did you observe on the street when you placed the vehicle in reverse?
MR. PAUL: Yeah, so this has a -- there's straight back up camera, and also has a 360 overhead view of the vehicle.
MR. LALLY: And as far as the cameras within this vehicle are concerned, are we talking about one single camera or how many cameras are encapsulating this 360 degree camera angle view?
MR. LALLY: Now, if you put, using the laser pointer, just draw the jury's attention, direct the jury's attention to where you're talking about as far as the screen is concerned depicting that camera angle view.
MR. PAUL: Okay. So the one on the left, that's the backup camera, and the one in the middle here would be the 360 overhead camera.
MR. LALLY: Now, in addition to what's depicted on the screen right now as far as the vehicle on the 360 over, as the vehicle travels, what, if anything, in addition is depicted on that particular portion of the screen as far as the 360 overhead?
MR. PAUL: It shows a sensor and also that sensor shows up in the area where the object that it gets closer to.
MR. LALLY: And the sensor that you're talking about, how is that depicted on the screen?
MR. PAUL: It's a little red like blip or a little bar that would show up on -- on the camera itself.
MR. LALLY: And is that something that appears as you approach an object from either in front or behind or something else?
MR. PAUL: Correct. As you approach the object, the object -- the bar will blink and will get faster as you get closer to the object.
MR. LALLY: Now with respect to the system overall, in addition to the visual cues depicted up on the screen, what, if any, auditory clue -- cues are also part of this system?
MR. PAUL: It will be beep at you and it will -- as you're closer to the object, it will beep faster as you get closer to it.
MR. LALLY: And as far as getting closer to an object the beeping that you're talking about it increases in speed or rapidity; is that correct?
MR. LALLY: And how does it -- what, if anything, does it do as far as the volume of the beeping that's used?
MR. LALLY: So it gets faster and it gets louder as you get closer --
MR. LALLY: -- an object, correct?
MR. LALLY: Now with respect to sort of the middle of the screen here on the dashboard, what, if anything, do you observe there, sort of direct the jurors' attention to what, if any, devices are up there right now.
MR. PAUL: Yes. So right here this blue device, that's the Vbox sport that I attached to the windshield.
MR. LALLY: That's something that you attached to the vehicle. It's not necessarily something that was in the vehicle when you began to operate and run?
MR. LALLY: And, Ms. Gilman, if I could have photograph 2618.
MR. LALLY: Trooper Paul, if you could describe to the jury or using the laser points if you could draw the jury's attention to what, if anything, of significance you observed on this portion or closer up image of the screen and the center console?
MR. PAUL: Yeah. So this -- this is one on the left here is the backup camera and the one in the middle is the 360 overhead camera with bars and the lines showing the path of the vehicle.
MR. LALLY: Thank you.
MR. LALLY: Ms. Gilman, you can take this down. If I may have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Now, Trooper Paul, as far as during this visibility analysis that you conducted, you testified earlier that you were primarily concerned with sort of whether or not the cameras in the -- and the auditory and visual cues worked properly with this vehicle in this system, correct?
MR. LALLY: During the course of your running these sort of forward and back, reverse, acceleration and braking tests, as well as visibility analysis, what, if anything, did you observe with relation to the functionality of the cameras and the visual and auditory cues?
MR. LALLY: Now, when you were operating the vehicle on February 1, and you shifted the vehicle into reverse, what -- what would then sort of occur with the screen in the center of that?
MR. LALLY: And how long a period of time did that take as far as you've shifted from drive to reverse on a number of different occasions while you were conducting your test, Correct?
MR. LALLY: And so how long a period of time are we talking about between the time that you shift the vehicle from drive or another gear to reverse for those screens to then display both the rear backup camera and the 360 overhead view?
MR. LALLY: Now at some point during the course of the visibility analysis, specifically, what, if anything, did you place behind the vehicle during your visibility analysis?
MR. LALLY: And where did you replay -- where did you place that in relation to the vehicle?
MR. LALLY: And as far as that punching back dummy was concerned, about how far up off the ground was the top of that?
MR. LALLY: And with respect -- your height, sir, how tall are you?
MR. LALLY: So it was at least five foot six if not taller; is that correct?
MR. LALLY: And with respect to that placing it behind the vehicle, after it was placed behind the vehicle, at some point, were you inside of the vehicle?
MR. LALLY: And when you were inside of the vehicle and that was outside of the vehicle, what, if any, visual observations were you able to make with respect to its placement and it's in the right rear passenger side of the vehicle; is that correct?
MR. LALLY: But what, if any, observations were you able to make with as far -- with respect to that item or exemplar that was placed out there?
MR. LALLY: Now, with respect to the visibility -- visibility analysis that was conducted with respect to that --- well, let me ask you this first. When I say exemplar, so exemplar pedestrian, can you explain sort of what that term means and as to how it relates to a visibility analysis.
MR. PAUL: So an exemplar pedestrian is just like you said, if you used a punch bag dummy, it was something that we used in place of a pedestrian to act like a pedestrian.
MR. LALLY: Now, when that exemplar pedestrian was placed in the rear passenger side area of the vehicle, what, if any, obstructions did you observe as far as just froma visual perspective, sort of turning your head or looking or cameras or anything else as far as where that -- where that exemplar was placed?
MR. LALLY: Now, if that exemplar was placed directly next to the vehicle versus feet away from the vehicle, what, if any, difference did you note as far as visibility was concerned with the --
MR. PAUL: Yeah, so if it was placed right next to the vehicle, you would -- it would be blocked by the back -- back pillar of the vehicle. If you placed the -- I mean, like, 5 feet away, you would be able to see the dummy and the cameras and also the side mirrors.
MR. LALLY: So at a distance of at least 5 feet, it was fully visible from where you sat in the vehicle?
MR. LALLY: Your Honor, with the Court's permission if we could, I would ask, and I'm sorry I'm not sure what exhibit numbers they are, but the two videos that were just introduced.
JUDGE CANNONE: Okay.
MR. LALLY: And, Ms. Gilman, if I could have the exterior video first.
COURT REPORTER: And just for the record they are 604 and 605, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Ms. Gilman, if you pause that for a moment.
MR. LALLY: Now, Trooper Paul, with respect to just for orientation purposes if you could explain to the jury sort of where we are in relation to the Canton Police Department and where it was that you conducted this test?
MR. PAUL: Yeah, so this -- this is a view from the back of the Canton Police Department. So we are -- so as you look at the Canton Police Department, we would be on the left side of the Canton Police Department.
MR. LALLY: And as far as the vehicle in question, if you could using the laser pointer, just direct the jury's attention to where that is and sort of where it's going to be in relation to the camera angle?
MR. LALLY: Ms. Gilman, if you could the rest of it.
(Video played.)
MR. LALLY: Ms. Gilman, if I could ask you to pause it there for just a moment.
MR. LALLY: Trooper Paul, during these testing that you were conducting here with the acceleration, reverse braking, all of those things, the highest speeds that you recorded during the course of that testing was 30 miles an hour; is that correct?
MR. LALLY: And the highest speed that was contained within that VCH data for the second or the B of those two data sets, what was the highest miles per hour there?
MR. LALLY: Now, with respect to the braking in this vehicle, what, if anything, was this vehicle equipped with?
MR. LALLY: And with relation to antilock brake system or ABS, what, if any, relationship does that have with regards to braking and what is then visible on the pavement?
MR. LALLY: And why is that, sir?
MR. PAUL: Due to the when the brakes as the brake is about to lock up, it transfers over to another tire so it kind of rotates between tires, so the tires never fully lock up and slide across the pavement.
MR. LALLY: Now, in relation to ABS not leaving marks on the pavement, what, if any, relationship did that have as far as the sound difference between ABS brakes and non- ABS brakes?
MR. PAUL: Yeah, the sound would be different because you would hear -- you would hear a car sliding across the pavement as opposed to just hard braking and engine slowing down.
MR. LALLY: As far as sort of sort of screeching of braking and tire coming to a brake, what would you expect to hear with respect to ABS brakes?
MR. LALLY: And, Ms. Gilman, if you could press from here.
(Video played.)
MR. LALLY: Thank you, Ms. Gilman. Your Honor, with the Court's permission, may I publish the other video, the interior of the vehicle?
JUDGE CANNONE: Yes.
(Video played.)
MR. LALLY: Ms. Gilman, if you could just pause it briefly.
MR. LALLY: Again, Trooper Paul, with reference to what's up on the screen, if you could just using the laser pointer direct the jury's attention to the screen in the center of the dashboard and just as far as what the different parts of the screen are visible here.
MR. LALLY: And as far as this particular portion of the interior of the vehicle, are we looking at what was done with regard to acceleration or braking tests, or are we looking at the visibility analysis?
MR. LALLY: Ms. Gilman, if you could please put up.
(Video played.)
MR. LALLY: All right. If you pause it there, Ms. Gilman. If I could ask you to just bring it back just a couple of steps.
(Video played.)
MR. LALLY: If you could pause it there.
MR. LALLY: Trooper Paul, as far as the -- this is a closer up image of the screen that was visible on the center of the dash in the vehicle; is that correct?
MR. LALLY: And if you could using the laser points(ph)-- it may be a little difficult to see, if you could, using the laser pointer direct the jury's attention to what, if anything, you observed on the screen while the vehicle -- the vehicle's in reverse now, correct?
MR. LALLY: If you could, direct the jury's attention to what, if anything, you observed on the screen as the vehicle is in reverse with the exemplar pedestrian behind it?
MR. PAUL: Yes. So this screen has now changed to a park assist screen and now it shows a sensor for the back of the vehicle. And also same here the sensor starts popping up and a yellow line for behind the vehicle.
MR. LALLY: And you have the dash cam view?
MR. PAUL: Dash cam view shows the -- that's where our punching bag dummy was and it also shows where the sensor is backed up to on the bottom here.
MR. LALLY: And, Ms. Gilman, for the record, this is about 34 seconds in. If you could press play from here.
(Video played.)
MR. LALLY: Now, Trooper Paul, at some point over the course of your investigation over the course of this case, did you become aware of Ring videos from Mr. O'Keefe's residence at 1 Meadows Avenue?
MR. LALLY: And specifically, have you had occasion to see a video depicting the defendant backing out of the garage as snow was coming down?
MR. JACKSON: Objection.
JUDGE CANNONE: I'm going to allow it. A Yes.
MR. LALLY: Your Honor, with the Court's permission, if I could publish to the jury with the witness on the stand Exhibit 6, video number 153?
MR. JACKSON: Objection. May we approach?
JUDGE CANNONE: Yes.
(Sidebar commences.)
JUDGE CANNONE: Okay. I’ll hear the objection.
MR. JACKSON: This is not in any report. There’s been no disclosure about what this witness is going to say about this.
JUDGE CANNONE: Why don’t I find out what it is you’re going to ask him about.
MR. LALLY: What I’m going to ask him is whether or not the impact that he observes in the video is consistent with the damage that he observed to the vehicle.
MR. JACKSON: It’s completely outside the scope of his expertise. He didn’t review the video in any scientific way. He’s going to see the video the same way everybody else does. He doesn’t have any knowledge about the force impact quotients or what the force is required to crack that taillight. There’s nothing --
JUDGE CANNONE: I bet he does. It’s a question of whether --
MR. JACKSON: I can almost guarantee he doesn’t. I’m going to ask him --
JUDGE CANNONE: All right. So -
MR. JACKSON: -- in a different way, but why have we not been told about this before? This is yet another circumstance in which a witness clearly has been prepped in a way that we have not been given this disclosure. He’s obviously seen this video before Mr. Lally showed it to him. Otherwise, he wouldn’t ask the question. It seems like we’re being ambushed yet again.
JUDGE CANNONE: All right. So, what I’m going to do is, we'll have a voir dire. It’s twenty minutes of 4. How much longer do you have with this witness?
MR. LALLY: Very briefly with this, and then just I think one or two more areas at the most, and then I’m going to be done.
JUDGE CANNONE: I don’t know how long that is, Mr. Lally. Twenty minutes?
MR. LALLY: Yes. Yes.
JUDGE CANNONE: So it looks like you won’t get to cross-examination today.
MR. JACKSON: I understand. I want to lodge an objection to any voir dire about this. This shouldn’t be happening in the middle -- actually at the end of trial.
JUDGE CANNONE: Okay. So I’m going to have the voir dire, and then I’ll hear you. All right. So do you want me to just send the jurors out and have the voir dire and bring them back, or send them home for the day?
MR. JACKSON: It’s up to the Court. I don’t know how long the voir dire is going to take. This is the first I’ve heard of it.
JUDGE CANNONE: I expect it won’t take longer than five minutes.
MR. LALLY: No.
MR. JACKSON: Okay, that’s fine.
JUDGE CANNONE: And then you can ask him when he has seen it and all those questions that you want to ask him.
MR. JACKSON: Sure.
JUDGE CANNONE: All right. So it’s almost -- it’s been a very long day just for me because of all the issues this morning. I don’t know if it’s been for the jurors.
MR. JACKSON: Can I ask counsel a quick question?
JUDGE CANNONE: Yeah, go ahead.
(Defense counsel confer.)
MR. JACKSON: Your Honor, I -- I’m sorry.
JUDGE CANNONE: That’s okay.
MR. JACKSON: I wouldn’t have any objection -- if the Court is inviting the jurors -- the possibility of the jurors going home, I wouldn’t have any objection to that. It doesn’t look like we are going to get to any substantive cross-examination today.
JUDGE CANNONE: I would not even consider it if I thought you’d have the opportunity to cross-examine and not leave it on the Commonwealth’s case on a Friday afternoon, but I think it makes sense. While we are here, I’d like to tell them about scheduling. So I had said Tuesday for the voir dire now of everybody, right? So what does it look like for your -- Monday is the Cellebrite witness?
MR. LALLY: Yes.
JUDGE CANNONE: And who else? Do you think that’s going to be a whole day?
MR. LALLY: No. No, I think if we can finish with this witness, get Mr. Whiffin done, I think we can then at least start if not hopefully finish with Trooper Guarino.
JUDGE CANNONE: And what’s Guarino again?
MR. LALLY: So Guarino is the defendant’s cell phone, the victim’s cell phone, largely cell phone extractions, some of the GPS data from the --
JUDGE CANNONE: You’re not going to finish him if you even reach him. So what do you want to do? Do you want to do it Tuesday? I wanted to do the voir dire Tuesday because Wednesday is a holiday, and especially I know that the Commonwealth’s motion is that I strike Dr. Miller?
MR. JACKSON: Russell.
MR. YANNETTI: Russell.
JUDGE CANNONE: Russell. That I had ordered discovery be provided within a week and that this is a subject all of the defendant’s doing. It’s not like the Commonwealth sprung something on the defense. It’s the defendants who are bringing up the arm bites. So there will be a legitimate argument on that. It’s not something I particularly want to do. But I’ll be open- minded and hear the Commonwealth on that. If I don’t strike the witness, I did want to give the Commonwealth the opportunity to -- I don’t know if you need a rebuttal witness or -- you at least to prepare. You’re the only one asking questions. So I want to be able to do that. If we can’t do that by doing the voir dire on Tuesday and giving you Wednesday, I’d be inclined to give you a day or a half a day if you need it. So with that, where do we fit in with the schedule the next week?
MR. LALLY: With that I would still hope that the Commonwealth should be able to rest on Thursday. If we’re doing the voir dire Tuesday -- Tuesday --
JUDGE CANNONE: So do the voir dire on --
MR. LALLY: -- holiday Wednesday, I should be able to finish with the rest of the witnesses on Thursday.
JUDGE CANNONE: Okay. Does that make sense?
MR. JACKSON: It does.
JUDGE CANNONE: All right. So I’d like to tell the Jurors now that we will send them home, we’ll be in a full day Monday, Tuesday I will be meeting with you all in an effort to facilitate things rather than have these breaks -- these large breaks that we have. Wednesday is the holiday, Thursday will be a full day, Friday is the half day. I cannot continue that sentencing on Lopes.
MR. LALLY: No, no. I wouldn’t even ask you to.
JUDGE CANNONE: All right. So that’s next week. Given that, it still looks like we’ll wrap it all up the following week, right?
MR. JACKSON: We do. If I can get -- if we can get to our case in chief on Monday and get a fresh start on Monday, I believe even if Dr. Russell is allowed, we can finish on Wednesday. I truly believe that. I don’t know what the Court’s intention is in terms of closing arguments, if the Court gives a break for a day or something before we do closings or go right in -
JUDGE CANNONE: I can’t give a day. I can’t give a day.
MR. JACKSON: That’s fine. I’m not asking for one. I didn’t know if you were going to do it.
JUDGE CANNONE: No.
MR. JACKSON: So we will go right into closing I think Thursday, and I would like to have -- I’d like to think that we can have the case to the jurors by Friday.
JUDGE CANNONE: Well, if you do your arguments on Thursday, they get it Thursday. I’m not going to split up arguments and charge.
MR. JACKSON: That’s fine. I don’t know how long --
JUDGE CANNONE: All right. [REDACTED]
MR. JACKSON: I understand.
JUDGE CANNONE: So we have to get it all done next week.
MR. YANNETTI: Can I ask, Judge, there was an off day I think listed on the 26th. Is that now going to be a day that we are going to sit?
JUDGE CANNONE: [REDACTED]
MR. YANNETTI: Okay. So we can sit that day?
MR. JACKSON: Okay.
JUDGE CANNONE: All right. I’m going to tell them as much of this as I can.
MR. JACKSON: Okay.
JUDGE CANNONE: But I am going to tell them that we’re on schedule.
MR. JACKSON: Okay.
MR. LALLY: Thank you, Your Honor.
end of sidebar.)
JUDGE CANNONE: All right, jurors. I appreciate your patience. A few things. So I'm going to send you home for the day because the lawyers and I are staying, and, Trooper, I'm going to ask you stay. Sometimes when we take these breaks when I have to talk to the lawyers and then don't schedule you, it's because we have to do things in a case to facilitate getting this case to you now as efficiently as possible. Next week, we will be in session here on Monday. Tuesday's going to be a full day of the lawyers and I with witnesses to make sure that the case is ready for you to wrap up. So Tuesday you will be off, we'll be working. Wednesday is a federal holiday, so Court is not in session on Wednesday. We'll have a full day Thursday and half a day Friday. It's a little different than we looked at, but I am assured that we are still on schedule to getting the case to you folks to begin your deliberations sometime that last week in the month. Okay. So we appreciate everybody's patience. I appreciate the lawyers now really trying to work to get this case to you as soon as possible. So those cautions. Do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear, read anything about this case, please disregard it, and let us know. We will see you on Monday. Monday will be a full day. Have a great weekend. Thank you very much.
(Jury out at 3:50 p.m.)
(Court remains in session.)