Direct Frank Sheridan Elizabeth Little
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Defense counsel presented retired forensic pathologist Frank Sheridan's qualifications and the reports, photographs, and other materials he reviewed. Sheridan testified that O'Keefe's arm abrasions were sustained before death and, in his opinion, did not resemble a direct vehicle impact because he would expect bruising. He said the marks were consistent with an animal attack, while qualifying that he was not completely certain. After foundation objections and a sidebar over a vehicle-impact hypothetical, the judge permitted a narrowed question and asked both sides to propose a limiting instruction. Sheridan also described a fatal impact injury to the back of O'Keefe's head, said it would have caused immediate unconsciousness, and testified that a fall onto grass was too soft to account for the injury. He further said some injuries were consistent with the possibility of a physical altercation.
5 sidebars inside this proceeding
- Scientific Foundation for Expert Opinion The Commonwealth objected on scientific and foundation grounds, and the judge sustained the objection and directed counsel to build a foundation.
- Repeated Foundation Objection After the Commonwealth confirmed the same objection, the judge directed counsel to build a foundation before proceeding.
- Vehicle-Impact Hypothetical Question The parties discussed a hypothetical about an arm being struck by a vehicle, and the judge allowed a shortened version while planning an instruction and excusing the jury.
- Procedural
- Proposed Limiting Instruction The judge allowed the first portion of the question, noted the Commonwealth's objection, and asked both sides to propose a limiting instruction for the final charge.
Cross Frank Sheridan Adam Lally
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Prosecutor Adam Lally questioned forensic pathologist Frank Sheridan about the materials underlying his opinions, eliciting that Sheridan had not performed the autopsy or seen Mr. O'Keefe's body and had relied on photographs, reports, and medical records. Sheridan agreed with the stated cause-of-death determination and the findings in Dr. Stonebridge's neuropathology report. He maintained that the right-arm injuries most likely reflected an animal attack, while acknowledging he could not identify an animal or breed, place the injuries inside or outside, or date them more precisely than minutes to hours before death. He also said that, if a vehicle strike projected Mr. O'Keefe onto asphalt, that could cause a skull fracture, but he did not think that was what occurred.
Redirect Frank Sheridan Elizabeth Little
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Defense counsel admitted and published Exhibit 657, a photograph of Mr. O'Keefe's knees. Dr. Sheridan identified the pictured injury as an abrasion and agreed it was the extent of the injury in that area before he was excused.