Day 26 - June 17, 2024

ADA Lally conducts redirect examination of Trooper Joseph Paul to rehabilitate testimony undermined during Jackson's cross. Lally has Paul re-explain why the EDR speed drop at triggering event 12629B is consistent with a pedestrian strike, clarifies the distinction between area of impact and point of impact, and addresses the glass-traveling-with-victim question by eliciting multiple explanations for how glass could remain with O'Keefe's body. Lally establishes that odometer mileage is more reliable than key cycles for placing the vehicle at the collision location, countering Jackson's key-cycle hypothetical. Paul provides his most detailed description of the collision mechanism — the taillight's sharp plastic consistent with arm injuries, and a dent with scratches consistent with a hand holding a glass striking the vehicle.

Alan Jackson conducts a brief recross focused on the relationship between key cycles and odometer mileage in Trooper Paul's collision analysis. Jackson highlights that Paul had testified on Friday and suggests a post-weekend change in emphasis; Paul denies watching social media or consulting with Lally or anyone else about the key-cycle issues. Jackson then challenges whether an incorrect assumed route of travel would undermine the mileage assumptions used to place the triggering events at 34 Fairview Road. Paul responds that he used a range because he could not identify a definitive route or path, and begins to note that a mileage scenario could place the vehicle in MSP custody before the judge cuts him off as beyond scope.

In a three-utterance re-redirect, ADA Lally asks Trooper Paul to confirm that his calculated range for the defendant's path of travel is consistent with the odometer reading placing the vehicle at 34 Fairview Road for both the three-point turn and the subsequent 24.2 mph reverse travel. Paul confirms with a single 'Yes.' Lally immediately concludes.

David Yannetti cross-examined Cellebrite expert Ian Whiffin on two main fronts. First, he established that Whiffin's simulation used iOS 15.8.2 rather than Jennifer McCabe's actual iOS 15.2.2, and that artifact storage behavior depends on the iOS version — undermining the precision of the replication. Second, Yannetti pressed on the deletion mechanisms for BrowserState record 4028, getting Whiffin to confirm that only two possibilities remained: selective user deletion or an unknown internal mechanism. Yannetti then explored whether someone with access to the extracted data could have used tools like MySQL to selectively delete and renumber records, with Whiffin conceding it was 'potentially possible' but would require significant skill to avoid detection.

In a concise nine-utterance redirect, ADA Adam Lally addressed the two main points raised during Yannetti's cross-examination. Whiffin testified that every iOS version he tested — from 12 through 18 — showed the same timestamp behavior, meaning the version discrepancy between his demonstration and McCabe's phone had no impact on his conclusions. On selective deletion, Whiffin explained that deleting a record would require it first to exist in the history database; he said the absence of missing records indicated the entry was never written and therefore could not have been selectively deleted. Separately, Whiffin said he did not have access to hash information to determine whether changes had been made to the extraction, but that the timestamps and historical pages gave him no indication of tampering; he said alteration was probably possible but would require substantial skill. Whiffin concluded with an unequivocal statement that the two Google searches were conducted at 6:23 and 6:24 a.m. on January 29th.

In a brief recross consisting of a single question, defense attorney David Yannetti asked Ian Whiffin whether he had ever heard the term 'spontaneous deletion' prior to today. Whiffin replied that it was not a term he was familiar with. Judge Cannone then excused the witness, who indicated he could pack up his equipment quickly.