Day 29 - June 21, 2024
Judge Beverly J. Cannone · Trial 1 · 13 proceedings · 2,115 lines
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 agrees on cross that O'Keefe had no broken bones from the neck down, aside from CPR-related injuries, while noting a minor right-knee abrasion; she had found no lower-extremity injuries typical in pedestrian cases.
- 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.
- Loughran testified that he saw nothing on the Albert front lawn around 2:45 a.m. and observed a Ford Edge near the property on a later pass; the defense used his account in presenting its timeline.
- Russell opined that O'Keefe's arm injuries were consistent with an animal attack, possibly involving a large dog; on cross, Lally questioned her about comparison photographs and a UC Davis result he described as negative for canine DNA.
- 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 call records in the displayed 5:33:47 a.m.–8:50:05 a.m. report interval 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 applied the Latimore standard and denied the defense's directed-verdict motion on all three counts.
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 presented the 2:27 a.m. timestamp as his expert interpretation; the parties disputed how the phone data should be read.
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 addressed the absence of non-CPR fractures below the neck; Scordi-Bello also identified a minor right-knee abrasion and qualified what injuries might be expected.
6h 37m