Trial 1 Trial Day
◀ Day 28 Trial 1 Day 30 ▶

Day 29 - June 21, 2024

Judge Beverly J. Cannone · Trial 1 · 13 proceedings · 2,115 utterances

Day 29 of 35
Appearing:

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

Day 29 opened with the conclusion of Dr. Irini Scordi-Bello's autopsy testimony, during which the defense elicited that O'Keefe had no injuries from the neck down and that his facial and hand injuries could be consistent with punching and defensive wounds — a concession Lally partially rehabilitated on redirect by listing the defensive wound markers absent from O'Keefe's body. After the Commonwealth formally rested, Judge Cannone denied the defense's directed verdict motion on all three counts, finding the prosecution met the Latimore standard on the basis of cumulative physical, testimonial, and digital evidence. The defense then opened its case with DPW plow driver Brian Loughran, who testified he saw nothing on the Albert front lawn during his passes around 2:45 and 3:15 a.m., though Lally challenged his credibility with prior inconsistent statements about his timing and the source of his knowledge about where O'Keefe was found. Dr. Marie Russell, a forensic pathologist and ER physician, testified that O'Keefe's arm wounds were consistent with an animal attack — possibly a large dog — but Lally on cross exposed her lack of a written report, late involvement six weeks into trial, unfamiliarity with relevant literature, and the negative K9 DNA results from UC Davis. Closing the defense's first day, digital forensics expert Richard Green testified that Jennifer McCabe's phone contained a deleted Google search for 'how long to die in cold' timestamped at 2:27:40 a.m. and that every call record before 8:50 a.m. on January 29 had been manually deleted — testimony Lally countered by forcing Green to acknowledge that his sworn affidavit contained an error and that two other experts rejected his timestamp interpretation.

  • 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.
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.

Irini Scordi-Bello - Direct/Cross/Redirect

Medical examiner Dr. Irini Scordi-Bello testifies on autopsy findings and cause of death. Her direct testimony is challenged on cross, then clarified on redirect.

Direct
Irini Scordi-Bello Adam Lally
109 utt.

ADA Adam Lally resumes direct examination of Dr. Irini Scordi-Bello, beginning with her communications with Trooper Proctor about the case and whether she felt pressured to reach a particular conclusion. Lally then publishes autopsy photographs to the jury, with Scordi-Bello narrating injuries visible in each image: arm abrasions, hand contusions, bilateral periorbital ecchymosis, a nasal abrasion, and the occipital laceration overlying skull fractures. Lally questions whether the injuries are consistent with a pedestrian collision; Scordi-Bello testifies they are possible but not classic pedestrian injuries, noting the absence of lower-extremity injuries and that the defendant's vehicle had a higher bumper than a typical sedan. She reaffirms her cause-of-death opinion: blunt impact injuries of the head and hypothermia.

Cross
Irini Scordi-Bello Elizabeth Little
257 utt.

Elizabeth Little methodically establishes that John O'Keefe had no injuries from the neck down — no fractures, no broken bones, nothing to his shoulders, torso, hips, legs, or feet — aside from CPR-related rib damage and a minor knee abrasion. She elicits concessions that the facial injuries (eyelid laceration, nasal abrasions, tongue laceration) and hand contusions are consistent with being punched and with defensive wounds, and that the head laceration could result from falling backward onto concrete after being struck. Scordi-Bello acknowledges the arm abrasions are discrete linear patterns inconsistent with road rash, and declines to opine on vehicle-strike consistency, stating she is not a reconstruction or biomechanics expert. Little closes by clarifying that redness near the ribs shown in prosecution photos was lividity, not an injury.

Redirect
Irini Scordi-Bello Adam Lally
43 utt.

ADA Adam Lally conducts a brief redirect examination of Dr. Irini Scordi-Bello to address points raised during Elizabeth Little's cross-examination. Lally elicits that the facial injuries Little characterized as consistent with punching could also result from contact with glass, plastic, or other blunt objects during a fall. He establishes that the isolated abrasion near the head laceration is not typical of dragging injuries and could instead result from blunt impact with the ground. Scordi-Bello testifies that the head injuries would be consistent with striking frozen ground, not just concrete as discussed on cross. Lally also draws out that typical defensive wounds include multiple forearm bruises, cuts, broken fingernails, hand fractures, and broken fingers — features not present on O'Keefe. Scordi-Bello reaffirms that a single impact from a fall could account for all observed skull fractures, brain hemorrhage, and periorbital ecchymosis.

+1 procedural segment

Procedural - Directed Verdict Motion

Defense moves for directed verdict arguing insufficient evidence that Karen Read's vehicle struck John O'Keefe; judge denies the motion under the Latimore standard.

Procedural
Procedural - Directed Verdict Motion
29 utt.

After the Commonwealth rests its case, defense attorney Alan Jackson moves for a directed verdict on counts 1, 2, and 3, arguing that no competent evidence establishes Karen Read's vehicle struck John O'Keefe. Jackson contends the Commonwealth's entire theory rests on Trooper Paul's reconstruction, which he characterizes as conjecture rather than rational evidence. ADA Lally responds by cataloging the physical evidence (taillight fragments, DNA, hair evidence), civilian witness testimony, the defendant's own statements ('I hit him'), motive evidence from text messages, and GPS/vehicle data corroborating the reconstruction. Judge Cannone denies the motion, finding the Commonwealth has met its burden under the Latimore standard, and the defense prepares to call its first witness.

Brian Loughran - Direct/Cross/Redirect/Recross

Snow plow operator Brian Loughran describes his predawn route on January 29, 2022, testifying about vehicle sightings and lawn conditions while prosecution challenges his timeline and observations.

Direct
Brian Loughran David Yannetti
355 utt.

Brian Loughran, a Canton DPW worker and snow plow driver, testified about his plowing route on January 29, 2022. He made multiple passes of the Albert residence on Fairview Road starting around 2:45 a.m., using a well-lit truck with elevated seating. On his first two passes (approximately 2:45 a.m.), he saw nothing on the front lawn near the flagpole. On his third pass (approximately 3:15–3:30 a.m.), he noticed a Ford Edge parked on the street near the flagpole — unusual because the Alberts never parked cars out front — but still saw nothing on the lawn. By approximately 5:30 a.m., first responders had arrived and the road was blocked. Yannetti also established that no law enforcement contacted Loughran until 2023, despite the incident occurring in January 2022.

Cross
Brian Loughran Adam Lally
228 utt.

ADA Lally cross-examined Brian Loughran on inconsistencies between his prior statements and trial testimony. Lally established that Loughran gave different times in a May 2023 interview — reporting he came in at 11:30 p.m. to midnight and saw the vehicle around 1:30–2:00 a.m. — which Loughran denied saying. Lally highlighted the absence of street lighting near 34 Fairview Road, that Loughran was plowing from the center of the road (not close to the lawn), and that Loughran's knowledge of where O'Keefe's body was found came from media reports rather than personal observation. Lally also noted Loughran hit a basketball hoop on nearby Tippy Cart Road that night but could not recall the time, questioning the precision of his timeline. The prosecution suggested the vehicle Loughran saw could have been a black Lexus SUV around 5:00 a.m. rather than a Ford Edge at 3:15–3:30 a.m.

Redirect
Brian Loughran David Yannetti
11 utt.

Defense attorney Yannetti conducted a brief redirect to clarify an ambiguity from Lally's cross-examination. Lally had asked whether Loughran was sure he didn't see a black Lexus around 5:00 a.m., and Loughran's answer of "no" was potentially ambiguous. Yannetti asked Loughran to clarify whether "no" meant he was unsure or that he definitively did not see one. Loughran stated unequivocally that he did not see a Lexus at 5 a.m., and further confirmed he never saw a black Lexus in front of 34 Fairview Road at any point that night.

Recross
Brian Loughran Adam Lally
27 utt.

ADA Lally used timeline arithmetic to challenge whether Loughran could have been on or near Fairview Road at 5:00 a.m. Lally calculated that if Loughran's last pass was around 3:30 a.m. and his route took approximately 3 hours, his next return would have been around 6:30 a.m. — not 5:00 a.m. Loughran pushed back, explaining that his surrounding streets were only 5–10 minutes from Fairview and that he was constantly checking Fairview Road from adjacent streets like Cedar Crest because it was a priority main road requiring clear access for first responders. The exchange revealed a distinction between physically plowing Fairview and visually monitoring it from nearby streets, which Lally highlighted in his final question.

Marie Russell - Direct/Cross/Redirect

Defense expert Dr. Marie Russell testifies to identifying animal attack injuries on O'Keefe's body; prosecution challenges her expertise and interpretation.

Direct
Marie Russell Alan Jackson
260 utt.

Defense attorney Alan Jackson presented Dr. Marie Russell's extensive credentials — MIT pre-med, seven years as a Malden police officer, UMass medical degree, dual residencies in emergency medicine and forensic pathology at LA County USC, 29 years as an ER physician, published research on law enforcement dog bites, and leadership roles including chief medical executive for California state prisons. Russell testified she reviewed hospital records, autopsy photos and report, grand jury testimony, Dr. Sheridan's affidavit, Canton dog bite reports, UC Davis documents, and toxicology and neuropathology reports. Examining a photograph of O'Keefe's right arm (Exhibit 19), she identified parallel scratch marks from teeth or claws, punctate puncture wounds from tooth points, and a pattern near the elbow consistent with upper and lower jaw contact. She concluded with reasonable medical certainty that the injuries were sustained from an animal attack, possibly a large dog. The prosecution objected repeatedly, and a lengthy sidebar interrupted the testimony.

Cross
Marie Russell Adam Lally
238 utt.

ADA Adam Lally cross-examined defense expert Dr. Marie Russell, focusing on the narrow scope and late timing of her involvement. Lally established that Russell lacks forensic pathology certification, last worked at a coroner's office in 1995, and was first contacted just six weeks into trial on May 17, 2024. He highlighted that she had not reviewed the UC Davis report, Dr. Sheridan's affidavit, or the dog Chloe's bite history until two days before this testimony, yet still had not written a report. Lally pressed Russell on the limitations of her animal attack opinion — she could not identify the specific animal, breed, location, or timing beyond 'minutes to hours before death,' and the injuries appeared only on the posterior of O'Keefe's right arm with no marks anywhere else on his body. Lally also confronted her with the negative UC Davis K9 DNA results and the fact that Chloe's documented bite photographs looked nothing like O'Keefe's injuries. Russell maintained her opinion but acknowledged she was unfamiliar with the NAS report questioning forensic odontology reliability.

Redirect
Marie Russell Alan Jackson
50 utt.

On redirect, Alan Jackson addressed two key points raised during cross-examination. First, he clarified that the NAS report questioning forensic odontology reliability pertains to using bite marks to identify specific individuals, not to recognizing patterns consistent with animal attacks — a distinction Russell confirmed. Second, Jackson had Russell explain that injuries from trained police K9s differ significantly from domestic dog bites, and that animal attacks produce a wide variety of wound patterns depending on skin thickness, movement, and the animal's power. Jackson attempted multiple times to have Russell restate her ultimate conclusion about O'Keefe's injuries, but ADA Lally's objections were sustained each time, and the judge cut off the redirect.

Richard Green - Direct/Cross

Defense digital forensics expert Richard Green testified about phone data from O'Keefe and McCabe; ADA Lally's cross-examination challenged his qualifications and methodology.

Direct
Richard Green David Yannetti
325 utt.

Richard Green, a digital forensics expert with 28 years of experience, testified for the defense about data from three phones: John O'Keefe's, Jennifer McCabe's, and Karen Read's. He established that O'Keefe's phone location data placed it at 34 Fairview Road at 12:24:28 a.m., with Apple Health Data showing 80 steps and three flights of elevation change in an overlapping time window. Green then explained his analysis of McCabe's phone, where he found a deleted Google search for 'hos long to die in cold' timestamped at 2:27:40 a.m. in the Safari suspended tabs database. Using multiple forensic tools and the phone's internal clock behavior, he opined the search occurred at or before that time. Green also identified that 100% of McCabe's call log entries before 8:50 a.m. on January 29th were in a deleted state, while all calls after 8:59 a.m. were intact.

Cross
Richard Green Adam Lally
180 utt.

ADA Adam Lally cross-examined defense digital forensics expert Richard Green, challenging his qualifications, methodology, and conclusions. Lally established that Green holds no Cellebrite certifications and that two other experts (Jessica Hyde and Ian Whiffin) disagree with his interpretation of the McCabe search timestamp. Green conceded that a statement in his sworn affidavit about the 'how long to digest food' search was wrong — he now believes it was an Apple predictive suggestion, not a user-initiated search. Lally pressed on whether the 2:27 a.m. timestamp could reflect a field artifact rather than an actual search time, and questioned Green's reliance on a 3-minute clock offset theory tied to Waze power usage data. The examination also touched on the absence of GPS location data on Karen Read's phone and Green's overnight preparation of a CellHawk analysis at Yannetti's request.

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