Day 3 - May 2, 2024

The parties premarked and entered seven photographs as Exhibits 372 through 378 and a thumb drive containing a wide-screen dash cam of Saraf and Goode as Exhibit 379, all by agreement. When court reconvened, the judge confirmed that jurors had followed instructions not to discuss, research, or follow outside coverage of the case, then explained that lawyers' questions are not evidence and that jurors decide what video and audio evidence shows or says.

Paramedic Anthony Flematti continued his direct testimony about the response to 34 Fairview Road. He identified John O'Keefe from a license in his wallet, described finding him about 10 feet from the roadway, and explained why responders treated the cardiac arrest as viable in the extreme cold. Flematti described CPR, airway management, warming, medications, intubation, suctioning, and transport to Good Samaritan Medical Center. He also testified that Ms. Read appeared distressed, was attempting CPR, and repeatedly told him, "I hit him. I hit him. Oh, my God, I hit him." He described later observations of bleeding, swelling, cold exposure, and injuries, while qualifying an estimate about the timing of dried blood on O'Keefe's arm.

Defense counsel questioned paramedic Anthony Flematti about scene observations, the short conversation he had with Ms. Read, CPR duties, and a synchronized dash-cam compilation. Flematti often could not identify people or his own movements in the video. The judge required foundation for the compilation, restricted counsel from narrating it, and sustained several objections. The cross-examination also examined Flematti's recollection that he told hospital staff there was a question whether Mr. O'Keefe had been hit by a vehicle, although he agreed that detail was absent from his report and had not been disclosed in several earlier settings.

On redirect, paramedic Anthony Flematti described recommended CPR rotation practices, said he could not assess the accuracy or synchronization of videos used in cross-examination, and explained why responders raised a possible vehicle strike with hospital staff. He said the patient's proximity to the roadway, the reported statement, and the patient's condition led to that initial concern.

Defense counsel used the displayed video to question whether the same responder performed chest compressions throughout, but paramedic Anthony Flematti said he could not identify personnel because they wore similar yellow coats. The judge sustained an objection to a further question about the video. Counsel then questioned Flematti about whether he had asked Ms. Read if she hit Mr. O'Keefe with a car; Flematti said he did not recall asking that specifically. Flematti rejected counsel's characterization that he had concluded Mr. O'Keefe was hit by a car, saying he left hospital staff with two possible explanations. He said he was not aware whether medical reports documented that communication.

Firefighter/paramedic Matthew Kelly described his training and his ambulance crew's response through heavy snow and low visibility to an unresponsive man on Fairview Road. He testified that Mr. O'Keefe had no pulse or breathing when initially assessed, that responders began CPR and moved him into the ambulance, and that Kelly then observed injuries and extreme coldness. Kelly also identified two scene-location exhibits and indicated where he first located Mr. O'Keefe.

Defense counsel questioned firefighter/paramedic Matthew Kelly about the missing shoe he observed, the use of trauma shears and handling of John O'Keefe's clothing, and the actions of the responding crew. Kelly described several limits in his recollection. He said a distressed woman at the scene repeatedly said that O'Keefe was dead and that he did not hear her say she hit him. After the judge allowed a second playback of a short video, Kelly said he heard someone say “fucking dead.”

Matthew Kelly confirmed that the video used in cross-examination did not show the ambulance and did not establish whether he was present when statements on it were made. He said emergency responders were performing separate tasks in separate places, and he clarified that clothing would have been cut in the ambulance before transport to Good Samaritan.

A scene thumb drive that defense counsel had played was entered as Exhibit 380. Matthew Kelly was then excused, and the Commonwealth called Francis Walsh as its next witness.

Firefighter/paramedic Francis Walsh described responding to 34 Fairview Road during heavy snow and poor visibility, arriving after an ambulance and other responders. He testified about seeing John O'Keefe near the road, observing a missing right shoe and injuries in the ambulance, assisting with emergency treatment, and reporting signs of trauma to Sergeant Goode. Walsh also identified a photograph of 34 Fairview Road as a fair and accurate portrayal apart from the weather conditions.

Defense counsel asked Francis Walsh about a woman at the scene who appeared upset, screamed and cried, and asked whether the man was alive. Walsh agreed with those descriptions and said that was what he recalled hearing.

Firefighter/paramedic Katie McLaughlin described a snowy-morning dispatch to 34 Fairview Road, where she helped bring a stretcher to John O'Keefe as responders treated him. She testified that, while gathering medical information, Karen Read repeatedly said "I hit him" after McLaughlin asked whether significant trauma had occurred. McLaughlin said she relayed that information in the ambulance, later observed O'Keefe's facial injuries there, and drove the ambulance to Good Samaritan Hospital in poor road conditions.

The Court set ground rules for the jury view, including limits on counsel's commentary and arrangements for the vehicle's placement. With no objection, Teri Kun's testimony was scheduled for May 15. The judge said she would issue an order barring recording of children other than the Court's recording and directed production of compilation or enhanced videos for review before deciding whether they would be admitted.