Day 29 - June 21, 2024
Judge Beverly J. Cannone · Trial 1 · 13 proceedings · 2,115 utterances
The Commonwealth rests; directed verdict denied; defense opens with a plow driver who saw no body before 3:15 a.m., a dog-bite expert, and digital forensics testimony placing a 'how long to die in cold' search on Jennifer McCabe's phone at 2:27 a.m.
Full day summary
Key Moments
- Scordi-Bello concedes on cross that O'Keefe had no injuries from the neck down — no broken bones, no lower-extremity trauma — inconsistent with a classic pedestrian collision.
- Judge Cannone denies the defense's directed verdict motion on all three counts, applying the Latimore standard and finding the Commonwealth's cumulative evidence sufficient to proceed.
- Plow driver Brian Loughran testifies he saw nothing on the Albert front lawn at approximately 2:45 a.m. and only noted an unusual parked Ford Edge on his 3:15 a.m. pass — supporting the defense timeline.
- Defense expert Dr. Marie Russell opines that O'Keefe's arm injuries are consistent with an animal attack, possibly a large dog; prosecution challenges the opinion with negative K9 DNA results and dissimilar bite photos.
- Digital forensics expert Richard Green testifies that Jennifer McCabe's phone shows a deleted 'how long to die in cold' search timestamped at 2:27:40 a.m. and that all pre-8:50 a.m. call records were manually deleted.
Notable Quotes
Beverly J. Cannone
“In the light most favorable to the Commonwealth, under the prevailing Latimore standard here in Massachusetts, I am satisfied the Commonwealth has met its burden. The defendant's motion is denied.”
Judge Cannone's ruling formally closes the Commonwealth's case and sends all three counts to the jury, marking the legal pivot point of the entire trial.
Richard Green
“We found a Google search that happened — first of all, the search was 'how's long to die in cold,' and it happened at or before 2:27 a.m.”
Green's testimony about the 2:27 a.m. search is the defense's most explosive digital evidence claim — placing McCabe's awareness of O'Keefe's hypothermia risk hours before his body was discovered.
Elizabeth Little
“From the neck down, he did not have a single broken bone — again, aside from those CPR-related injuries you discussed — correct?”
Little's question establishing the complete absence of lower-extremity injuries crystallizes the defense's central challenge to the vehicle-strike theory using the prosecution's own medical examiner.