Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
◀ Day 27 Trial 1 Day 29 ▶

Day 28 - June 20, 2024

Phone Data Testimony, Expert Limits, and Medical Examiner Evidence

Judge Beverly J. Cannone
8Proceedings
6Pages
3Witnesses
2,246Lines
9 sidebars
Day 28 of 35
Appearing:
Adam LallyDavid YannettiNicholas GuarinoIrini Scordi-BelloRenee Stonebridge

Rulings limited expert testimony and excluded proposed phone-search evidence from the Commonwealth's case-in-chief. The jury then heard phone-data testimony and medical-examiner evidence concerning John O'Keefe's injuries and death.

Full day summary

Judge Cannone limited proposed defense-expert testimony and excluded a proposed phone-search record from the Commonwealth's case-in-chief. Trooper Nicholas Guarino testified about phone connections, calls, voicemails, location data, disputed search timing, and Cellebrite reports. Dr. Renee Stonebridge described acute traumatic brain injuries while saying she could not identify the type or amount of force involved, and Dr. Irini Scordi-Bello testified that the death certificate listed blunt impact injuries of the head and hypothermia as the cause of death, with the manner undetermined.

Notable Moments

Sidebar on Phone-Search Evidence and Closing-Argument Time

The judge said the proposed phone-search evidence would be kept out during the Commonwealth’s case-in-chief.

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Judge Limits Defense Expert Testimony and Reserves Further Rentschler Ruling

The judge found reciprocal-discovery violations but allowed Doctor Marie Russell to testify narrowly about whether marks on John O’Keefe’s arm resulted from an animal attack.

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Nicholas Guarino Direct Examination: Phone Records and Location Data

Guarino testified that Read's phone auto-connected to O'Keefe's password-protected home Wi-Fi at 12:36 a.m.; he also described more than 50 calls from her phone to O'Keefe's phone and eight voicemails recovered from his phone.

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Trooper Guarino - Redirect

Guarino testified that later Cellebrite software versions displayed an item absent from his earlier report and gave his opinion that McCabe's disputed searches occurred at 6:23 and 6:24 a.m., rather than 2:27 a.m.

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Renee Stonebridge - Direct Examination

Dr. Stonebridge gave her opinion that the observed injuries were acute and traumatic, while limiting her opinion on the type and amount of force involved.

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Irini Scordi-Bello Direct Examination

Dr. Scordi-Bello identified blunt impact injuries of the head and hypothermia as the cause of death on John O'Keefe's death certificate, while listing the manner of death as undetermined.

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Notable Quotes
Nicholas Guarino
“So by looking at the timeline in the phone, we were able to see that Ms. Read's phone auto-connected to John O'Keefe's WiFi at his house at 12:36 a.m.”
Guarino identified a time-stamped phone connection to O'Keefe's home Wi-Fi.
Renee Stonebridge
“It was something that required some type of force given that there were skull fractures. I can't say what type of force or how much force, but it was definitely something that caused some type of force which led to the skull fractures and then the subsequent brain findings.”
Expressly limits the expert's ability to identify the force or mechanism.
Irini Scordi-Bello
“Cause of death was blunt impact injuries of head and hypothermia.”
States the medical examiner's listed cause of death.
Video thumbnail for Day 28 — Guarino, Stonebridge, Scordi-Bello 7h 23m
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1. Procedural — Motions

Before the jury entered, the court considered disputed phone-search evidence and limited proposed defense expert testimony before the jury returned.

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Procedural
Counsel Request Sidebar Before Jury Enters
9 lines

Before the jury entered, defense counsel asked to speak briefly at sidebar or in open court. The judge directed counsel to approach.

sidebar
Sidebar on Phone-Search Evidence and Closing-Argument Time
110 lines

The parties argued over a proposed phone-extraction record containing a web search for “DUI lawyers near me.” The defense objected, arguing the search followed contact from Trooper Michael Proctor and reflected seeking representation; the Commonwealth argued that it was probative of consciousness of guilt and relevant to rebuttal of defense claims. The judge said she would keep the evidence out of the Commonwealth’s case-in-chief, requested further legal review, timing information, and a proposed instruction before deciding whether it could be used later. The court also discussed possible witness scheduling and stated that closing arguments would be limited to one hour, subject to discussion at the charge conference.

Procedural
Judge Limits Defense Expert Testimony and Reserves Further Rentschler Ruling
11 lines

Judge Cannone found reciprocal-discovery violations concerning proposed defense experts but chose a remedy short of excluding Doctor Marie Russell. Russell may testify only about whether marks on John O’Keefe’s arm resulted from an animal attack; she may not offer expert opinions on police activity or testify that the injuries were inconsistent with being struck by a vehicle, road rash, broken glass, taillight matter, or other causes. The judge allowed Dr. Wolfe to testify about his involvement, reserved ruling on the remainder of Doctor Rentschler’s testimony, and stated that biomechanical engineers in Massachusetts may not testify to medical causation of an injury. The jury then returned.

2. Nicholas Guarino — Direct (Part 2)

Trooper Nicholas Guarino authenticated phone and mapping evidence concerning Read's calls, voicemails, Wi-Fi connection, and data mapped around 34 Fairview Road.

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Direct
Nicholas Guarino Adam Lally
613 lines

Trooper Nicholas Guarino authenticated call-log, chat-log, voicemail, and mapping exhibits. He testified that Read's phone connected to O'Keefe's home Wi-Fi at 12:36 a.m.; described more than 50 calls and eight voicemails from Read's phone to O'Keefe's phone; and explained phone location and health data that he mapped around 34 Fairview Road. After a jury-out argument, Judge Cannone excluded from the Commonwealth's case-in-chief a January 29 Google search for DUI attorneys.

2 sidebars inside this proceeding
  1. Phone Extraction Report Redactions Counsel discussed redactions to a phone extraction report, including possible calls seeking representation and the report's time range before it went to the jury.
  2. Morning Break Before Google Search The court arranged a longer morning break so counsel could confer before the remaining Google-search questioning and before the jurors returned.

3. Nicholas Guarino — Cross

Defense counsel cross-examined Trooper Nicholas Guarino about digital-forensics practices and phone data, including continuing location records after police took custody of John O'Keefe's phone.

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Cross
Nicholas Guarino David Yannetti
788 lines

Defense counsel questioned Trooper Nicholas Guarino about his digital-forensics training, report practices, handling of John O'Keefe's phone, and later review of location and health data. Guarino agreed O'Keefe's phone continued recording location data after police took custody and acknowledged he had not researched which iPhone clock an app used for location timestamps, while maintaining that some materials shown to him were incomplete or could not support counsel's interpretation. The defense marked a printout from O'Keefe's phone as Exhibit 640 and examined records from Jennifer McCabe's and Karen Read's phones.

2 sidebars inside this proceeding
  1. IPhone Clock Hypothetical Limits Counsel discussed a hypothetical concerning three iPhone clocks and differing times in phone data during questioning of Trooper Guarino.
  2. Phone Extraction Question Objection Counsel discussed an objection concerning questions about the February 2022 phone extraction and communications involving Nicole Albert, Allie McCabe, and Brian Albert.

4. Nicholas Guarino — Redirect

Trooper Nicholas Guarino defended his phone-data analysis, including his opinion that Jennifer McCabe's disputed searches occurred at 6:23 and 6:24 a.m.

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Redirect
Nicholas Guarino Adam Lally
106 lines

Trooper Guarino responded to cross-examination about phone-data analysis, evidence handling, and software reports. He testified that later Cellebrite versions displayed an item absent from his earlier report, gave his opinion that Jennifer McCabe's disputed searches occurred at 6:23 and 6:24 a.m. rather than 2:27 a.m., and described WAL-file deletion as automated database activity rather than user action. After a recess, he testified that search-related cookies and website-visit records were found on the defendant's phone although related search items were not present.

5. Renee Stonebridge — Direct

Dr. Renee Stonebridge testified that John O'Keefe's brain injuries were acute and traumatic, with no observed natural disease state causing a vessel rupture. She said the findings could be consistent with a fall or being struck by a vehicle and going to the ground, but could not identify the type or amount of force.

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Direct
Renee Stonebridge Adam Lally
154 lines

Dr. Renee Stonebridge, a medical examiner and director of cardiac and neuropathology, described her training and her examination of John O'Keefe's brain. She testified that the observed injuries were acute and traumatic, described hemorrhages, contusions, herniation, and no observed aneurysm or natural disease state that could have caused a vessel rupture. She said the findings could be consistent with a fall or with being struck by a vehicle and going to the ground, but she could not identify the type or amount of force. Defense counsel asked no questions. The court then admitted Mr. O'Keefe's medical records as Exhibit No. 641 and instructed jurors about forthcoming graphic post-mortem photographs.

1 sidebar inside this proceeding
  1. Medical Records and Autopsy Photographs Counsel addressed admission of redacted Good Samaritan medical records and notice before displaying autopsy photographs and diagrams.

6. Irini Scordi-Bello — Direct (Part 1)

Dr. Irini Scordi-Bello testified that John O'Keefe's death certificate listed blunt impact head injuries and hypothermia as the cause of death, with the manner of death undetermined.

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Direct
Irini Scordi-Bello Adam Lally
401 lines

Dr. Irini Scordi-Bello, a forensic pathologist with the Massachusetts Office of the Chief Medical Examiner, described her autopsy of John O'Keefe. She testified that his death certificate listed blunt impact injuries of the head and hypothermia as the cause of death and “could not be determined” as the manner of death. She described skull fractures, brain hemorrhages, other injuries, hypothermia-related findings, and toxicology results, and said in her opinion that the head injury came before hypothermia. The court marked the death certificate and medical-examiner injury diagrams as exhibits.

2 sidebars inside this proceeding
  1. Required Finding Argument Timing The court discussed remaining witness time, set a short break, and addressed when it would hear the required finding argument.
  2. End-of-Day Photograph Display The court and counsel agreed to stop for the day rather than display a series of five photographs with little time remaining.
sidebar
Remaining Witnesses and Trial Schedule
54 lines

The court discussed remaining witness estimates, the defense's planned witnesses, possible rebuttal, and tentative timing for the charge conference and closing arguments.

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