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◀ Day 28 Trial 1 Day 30 ▶

Day 29 - June 21, 2024

Medical Testimony Concludes as Defense Begins Its Case

13Proceedings
5Pages
4Witnesses
2,533Lines
13 sidebars
Day 29 of 35
Appearing:

Dr. Scordi-Bello completed her testimony, the judge denied directed verdicts, and the defense began its case with Loughran, Russell, and Green.

Full day summary

Dr. Irini Scordi-Bello completed her testimony, stating that John O'Keefe's cause of death was blunt impact injuries of the head and hypothermia while maintaining that she lacked sufficient information to determine the manner of death. After the Commonwealth rested, the judge denied the defense motion for directed verdicts. The defense then called snowplow driver Brian Loughran, who described early passes near 34 Fairview Road and said he did not see a Lexus there, Dr. Marie Russell, who testified that O'Keefe's right-arm injuries appeared to have been caused by an animal, possibly a large dog, and digital-forensics expert Richard Green. Green gave an opinion on the timing of the "hos long to die in cold" search, discussed the limits of the location and health data, and testified that identified early-morning call records on Jennifer McCabe's phone had been deleted.

Irini Scordi-Bello Continues Direct Examination

Dr. Scordi-Bello explained that she sought additional investigative information because the death was unwitnessed, but said she did not receive enough information to determine the manner of death.

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Directed Verdict Motion Denied

Applying the Latimore standard in the light most favorable to the Commonwealth, the judge denied the directed-verdict motion; the defense then called Brian Loughran as its first witness.

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Brian Loughran - Direct

Loughran testified that he saw nothing near the flagpole during his early passes, including the return pass down Fairview.

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Marie Russell - Direct Examination

Dr. Russell testified that, based on the injury pattern, she believed the right-arm injuries were caused by an animal, possibly a large dog.

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Richard Green - Direct Examination

After sustaining objections to a scientific-certainty formulation, the judge allowed Green to state an opinion without that qualifier; he said the "hos long to die in cold" search occurred at or before 2:27:40 a.m.

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Richard Green - Direct Examination

Green testified that the listed calls before approximately 8:50 a.m. were all found deleted and gave his opinion that they had been user deleted.

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Irini Scordi-Bello
“Yes. The cause of death was due to blunt impact injuries of the head and hypothermia.”
States the medical examiner's cause-of-death opinion.
Beverly J. Cannone
“The defendant's motion is denied.”
The judge denied the directed-verdict motion under the Latimore standard.
Marie Russell
“I believe that these injuries were sustained by an animal, possibly a large dog, because of the pattern of the injuries.”
Dr. Russell stated her central opinion about the cause of John O'Keefe's right-arm injuries.
Richard Green
“That that would have happened at or before January 29, 2022, at 2:27:40 a.m. in the morning.”
States Green's opinion on the timing of the search artifact after the court limited the scientific-certainty phrasing.
Video thumbnail for Day 29 — Scordi-Bello (cont), Green, Russell, Loughran 6h 37m
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1. Irini Scordi-Bello — Direct/Cross/Redirect

Dr. Irini Scordi-Bello testified that John O'Keefe died from blunt head injuries and hypothermia, while saying the injuries could have resulted from several mechanisms and she could not determine how they occurred.

Procedural
Procedural
3 lines
Direct
Irini Scordi-Bello Adam Lally
109 lines

Dr. Irini Scordi-Bello continued her direct examination, explaining that she requested additional investigative information after John O'Keefe's unwitnessed death but lacked enough information to determine the manner of death. She identified photographs of O'Keefe's injuries, testified that the arm abrasions were superficial and not contributory to death, and said the head injury could be consistent with several mechanisms while the observed injuries were not classic pedestrian injuries. She concluded that the cause of death was blunt impact injuries of the head and hypothermia.

Cross
Irini Scordi-Bello Elizabeth Little
257 lines

Defense counsel questioned Dr. Irini Scordi-Bello about John O'Keefe's injury pattern, including facial injuries, arm abrasions, hand bruising, skull fractures, and a tongue laceration. Dr. Scordi-Bello said possible mechanisms included punches, a fall, blunt objects, or multiple impacts, but she said she could not offer a reconstruction opinion about a vehicle because she was not a reconstruction or biomechanics expert and had not inspected the vehicle. The court sustained objections to some broader hypotheticals. The court admitted an autopsy photograph as Exhibit 65, and the witness identified discoloration near O'Keefe's ribs in People's Exhibit 648 as postmortem lividity rather than an injury.

Redirect
Irini Scordi-Bello Adam Lally
43 lines

Dr. Irini Scordi-Bello testified that facial and other injuries could have several possible mechanisms, including a fall or contact with a blunt object. She said an isolated abrasion near the head laceration was not typical of dragging, though possible, and described defensive injuries she would expect to see in some circumstances. After the court required the prosecutor to rephrase a question, she said she did not know how Mr. O'Keefe's injuries occurred but that a single fall impact could cause the observed skull and brain injuries.

2. Procedural — Directed Verdict Motion

The judge denied Karen Read's directed-verdict motion on all three counts after the Commonwealth rested, and the defense began its case by calling Brian Loughran.

Procedural
Directed Verdict Motion Denied
34 lines

After the Commonwealth rested, the defense sought directed verdicts on all three counts, arguing that the evidence did not competently establish that Karen Read's vehicle struck John O'Keefe and challenging Trooper Paul's reconstruction theory. The Commonwealth responded that its physical, forensic, civilian-witness, relationship, and vehicle-data evidence was sufficient when considered together. Applying the Latimore standard in the light most favorable to the Commonwealth, the judge denied the motion, and the defense began its case by calling Brian Loughran.

3. Brian Loughran — Direct/Cross/Redirect/Recross

Snowplow driver Brian Loughran described Fairview Road passes, later seeing a Ford Edge near the flagpole, while questioning focused on his timing, visibility, and vehicle observations.

Direct
Brian Loughran David Yannetti
403 lines

Brian Loughran, a Canton DPW snowplow driver familiar with the Albert family, described repeated passes along Fairview beginning at about 2:45 a.m. He testified that he saw nothing near the flagpole on early passes; on a later pass around 3:15 to 3:30, he saw a Ford Edge by the flagpole, did not report it because he was being courteous to the Albert family, and said State Police first contacted him in 2023.

1 sidebar inside this proceeding
  1. Police Interview Timing and Accident Report The parties discussed questioning about when police spoke with investigator Paul Markowski and a possible 2015 accident report involving the witness.
Cross
Brian Loughran Adam Lally
255 lines

The Commonwealth questioned snowplow driver Brian Loughran about Canton plow routes, limited lighting near 34 Fairview Road, his identification of a Ford Edge, and the timing of his passes. Loughran said his knowledge of where Mr. O'Keefe's body was found came from police-related information and news coverage rather than personal observation. The questioning also addressed inconsistencies he disputed in reported accounts and his inability to recall when he struck a basketball hoop while plowing. At sidebar, the judge barred questioning about a 2015 pedestrian collision as too remote.

1 sidebar inside this proceeding
  1. 2015 Plowing Pedestrian Incident The Commonwealth sought to question the witness about a 2015 pedestrian-striking incident while plowing; the defense objected, and the court excluded it as remote.
Redirect
Brian Loughran David Yannetti
16 lines

Brian Loughran clarified that he did not see a Lexus at 5:00 a.m. or at any point while plowing in front of 34 Fairview.

Recross
Brian Loughran Adam Lally
32 lines

The Commonwealth challenged Brian Loughran's account that he was on Fairview Road at about 5:00 a.m., contrasting it with his stated route timing. Loughran said that while completing nearby streets he monitored Fairview from Cedarcrest and would return to Fairview if snow conditions required it.

4. Marie Russell — Direct/Cross/Redirect

Dr. Marie Russell testified that John O'Keefe's right-arm injuries appeared consistent with an animal attack, while cross-examination addressed the limits of that opinion and the judge enforced limits on the examination.

Direct
Marie Russell Alan Jackson
296 lines

Dr. Marie Russell described her emergency-medicine, forensic-pathology, and animal-injury experience before testifying that John O'Keefe's right-arm injuries appeared to have been caused by an animal, possibly a large dog. The court overruled an objection to her review of materials, sustained an objection to one question about UC Davis materials, and later directed the defense to avoid comparisons with police K-9s.

2 sidebars inside this proceeding
  1. Witness Review of Records The parties disputed whether the witness had reviewed docket records and UC Davis materials, after which the court recessed with the jury sent out.
  2. Dog-Bite Testimony Scope The parties discussed proposed testimony comparing dog bites with law-enforcement-dog bites, and the court limited the examination away from police K-9s.
sidebar
Questioning on Subsequent Record Review
8 lines

The Commonwealth sought permission to question the witness about previously saying she had not reviewed items and later reviewing them; the court permitted it.

Cross
Marie Russell Adam Lally
310 lines

The Commonwealth challenged Dr. Russell's qualifications, the timing and completeness of her review, and the absence of a written report for her opinion that Mr. O'Keefe's right-arm injuries were consistent with an animal attack. The judge clarified that Russell's testimony was confined to the right arm and animal-attack opinion, and later permitted cross-examination using a National Academy of Sciences report. Russell said she had not read that report, could not identify the animal, breed, or location of an alleged attack, and did not attribute injuries elsewhere on Mr. O'Keefe's body to an animal. She agreed that the UC Davis results were negative for canine DNA but maintained that the arm injuries did not look like blunt-force injuries.

2 sidebars inside this proceeding
  1. Right-Arm Injury Testimony Limits The parties disputed whether cross-examination exceeded limits on the witness's testimony, and the court reaffirmed that her permitted testimony was strictly about right-arm injuries.
  2. Report Use on Cross-Examination The defense objected to counsel's use of a report during cross-examination, and the court allowed the questioning with the report shown to the witness.
Redirect
Marie Russell Alan Jackson
76 lines

Dr. Marie Russell said she understood the NAS report to find individual identification from bite marks unreliable, and she described the range of injuries dogs can inflict and factors that can affect wound patterns. She said she had not analyzed the reported pig DNA to a scientific certainty. The judge sustained repeated objections to renewed questions about Russell's ultimate opinion on Mr. O'Keefe's arm injuries; following sidebar, the judge ended the examination and the Commonwealth had no further questions.

1 sidebar inside this proceeding
  1. Redirect Opinion and Recross Request The parties disputed redirect and potential recross concerning the witness's opinion and a dog-bite photograph; the court ended the examination with no further questions.

5. Richard Green — Direct/Cross

Digital-forensics expert Richard Green testified about phone and search data, including his opinions on the timing of a disputed search and deleted call records; the Commonwealth then questioned his interpretations and the scope of his review.

Direct
Richard Green David Yannetti
456 lines

Digital-forensics expert Richard Green described reviewing data associated with phones belonging to Karen Read, John O'Keefe, and Jennifer McCabe. He testified that O'Keefe's phone first registered in the 34 Fairview driveway at 12:24:28, but that no location data met a three-foot accuracy filter; he also explained that Apple Health distance, steps, and elevation records covered time ranges rather than pinpointing when within those ranges movement occurred. Green gave the opinion that the "hos long to die in cold" search occurred at or before 2:27:40 a.m., after the judge rejected a proposed scientific-certainty formulation. He later testified that the identified early-morning call records on Jennifer McCabe's phone were all found deleted and, in his opinion, user deleted. Exhibits 652 through 656 were marked, and the court ordered the call-log exhibit redacted and removed from display because phone numbers had not been redacted.

4 sidebars inside this proceeding
  1. Scientific Certainty Opinion Qualification The Commonwealth objected to asking the witness for an opinion to a reasonable degree of scientific certainty, and the court barred that formulation.
  2. Jennifer McCabe Call Log Exhibit The parties discussed admitting a phone-extraction item in context and locating the exhibit numbers for Jennifer McCabe's call log; the court allowed the call log into evidence.
  3. Unredacted Phone Numbers in Exhibit The court addressed phone numbers that appeared unredacted in an exhibit displayed on television, prohibited further display, and took the exhibit from the witness.
  4. Redaction of Phone Number Exhibit The court required redaction of phone numbers in an exhibit and allowed questioning about its content without displaying it or discussing particular numbers.
Cross
Richard Green Adam Lally
235 lines

The Commonwealth cross-examined digital-forensics expert Richard Green about competing interpretations of Safari search data, his lack of a specific Cellebrite certification, and the scope of his phone review. Green acknowledged that further testing had changed his earlier affidavit-based view of a "how long to digest food" item, which he now believed was probably an automatic suggestion. He continued to defend his interpretation of the disputed search timing, and described a Waze-related offset as a possible explanation for differences among Apple Health and location data. The judge sustained one objection to the form of a question and later permitted the clarified question.

1 sidebar inside this proceeding
  1. Health and GPS Data Terminology Counsel raised a concern that a question may have referred imprecisely to GPS health data rather than Apple Health or GPS location data and requested accurate wording.
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