Trial 1 Transcript Frank Sheridan
Trial 1 / Day 30 / June 24, 2024
3 pages · 3 witnesses · 1,819 lines
Sheridan, Wolfe, and Rentschler testified about injuries, tail-lamp testing, and biomechanics before the defense rested and the court held a charge conference.
Frank Sheridan Direct Examination: Forensic Injury Opinions
1

PROCEEDINGS June 24, 2024

2

(Court in session at 9:06 a.m.)

3

(Defendant present. Jury present.)

4 12:57

COURT CLERK: 22-117, Commonwealth versus Karen Read.

5 12:59

JUDGE CANNONE: All right. Good morning, counsel. Good morning, Ms. Read. Good morning, jurors. I need to ask you those three questions. Were you able to follow the instructions and refrain from discussing this case with anyone since we left here on Friday? Everyone said "yes" or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left here on Friday? Everyone said "no" or shook their heads. Thank you very much. All right. Mr. Jackson? Ms. Little?

6 13:38

MS. LITTLE: Good morning, Your Honor. The defense calls Dr. Frank Sheridan.

7

Whereupon, FRANK SHERIDAN having been first duly sworn, was examined and testified under oath as follows:

8 14:42

JUDGE CANNONE: Good morning, Doctor.

9 14:44

DR. SHERIDAN: Good morning.

10 14:44

JUDGE CANNONE: I'm going to ask you to, when you testify, sir, please speak into the microphone if you can loud and clear.

11 14:50

DR. SHERIDAN: IT will. Okay.

12 14:51

JUDGE CANNONE: Thank you.

13 14:52

DR. SHERIDAN: Is it working?

14 14:53

JUDGE CANNONE: It should be. All right. Thank you. All right, Ms. Little.

15 14:57

MS. LITTLE: Thank you.

16

DIRECT EXAMINATION BY MS. LITTLE:

17 14:57

MS. LITTLE: Good morning. Can you state your first name and spell your last name for the record, pleases?

18 15:01

DR. SHERIDAN: My first name is Frank and the last name is Sheridan, S-H-E-R-I-D-A-N.

19 15:08

MS. LITTLE: And if you could make sure to keep your voice up just because the air conditioner is very loud.

20 15:13

DR. SHERIDAN: Yes. I noticed that. Okay. Yes. Okay.

21 15:15

MS. LITTLE: Dr. Sheridan, what is your profession?

22 15:19

DR. SHERIDAN: I am a physician and my specialty is forensic pathology and neuropathology but most of my career has been primarily forensic pathology.

23 15:30

MS. LITTLE: What do you currently do for a living?

24 15:32

DR. SHERIDAN: Nothing. I'm retired.

25 15:35

MS. LITTLE: What role or position of employment did you hold before you retired?

26 15:39

DR. SHERIDAN: Okay. Iwas the Chief Medical Examiner for San Bernardino County, California, and I was in that position from 1991 until 2017. That's when I retired from that position, but I stayed on on a part-time basis for another few years to help out because the office was understaffed. But a few years ago, 2021 or '22 -- I've lost track of the time -- I finally stopped altogether.

27 16:08

MS. LITTLE: And, Dr. Sheridan, if you could just pull the microphone a little bit closer?

28 16:13

DR. SHERIDAN: I'll pull myself closer to it, I guess. Yes. Okay. Is that better?

29 16:18

JUDGE CANNONE: Ms. Little, if we need to, just let us know and we'll turn off the air conditioning.

30 16:22

MS. LITTLE: Thank you, Your Honor.

31

BY MS. LITTLE:

32 16:23

MS. LITTLE: Could you describe your educational background for the jury?

33 16:27

DR. SHERIDAN: Yes. I was born and raised in Dublin, Ireland and I had all my initial education there including primary school, secondary school and then premedical school at the university I was at, the University College of Dublin, Ireland, which is part of the National University of Ireland system. So I did my premed and medical school training there, and I graduated from medical school in 1971. After that, I did a one-year rotation internship, as it's called, of medicine, surgery and some psychiatry, as well. That was a requirement for all doctors for licensure. So that's basically my initial education. Should I go on with my C.V. or not?

34 17:21

MS. LITTLE: Yes. What did you do after medical school to complete your training?

35 17:25

DR. SHERIDAN: Well, in the years after medical school, I wasn't in training anymore. I was working in Africa, actually, as a medical officer. And that wasn't training. That was a job. And I was there for three years in Central Africa, and I was a general medical officer with various duties that included some teaching but also seeing patients. So I did that for basically three years. I then returned to Ireland, and I speak the next two years -- we're now talking about, by the way, the years I'm about to mention are 1976 to '78. Sol was back in my home country, Ireland, and I spent those two years doing research and lecturing in pharmacology. Pharmacology is the study of drugs and how they act in the body. And I did that back at the same university where I had originally trained for medical school. So then in 1978, I came to the United States initially to the University of Oregon and I spent the next almost three years doing research there and lecturing in the field of genetics.

It was during the time that I was there that I decided to do forensic pathology. So starting in 1980 -- let me think for a second -- 1982, I then had to start a residency program in pathology. And the first part of that, the first year of that, was in Loma Linda University Medical Center in Southern California. I then had to interrupt my residency training, and I had to go work in family practice for a year. This was because I was going through the immigration system of the United States, and they required that people in my position work for a year in family practice in a manpower shortage area as they designated it, an area where there weren't enough doctors. So I did that ina place called Yucca Valley, Y-U-C-C-A, Valley, California but then after that year I returned to the residency program and continued on at Loma Linda University Medical Center. And this training was called anatomic pathology which, in a way, you can think of it as general pathology. It involves autopsies.

It involves surgical pathology, looking at slides from surgery. It involved a few other things, as well. And so I was doing that there at Loma Linda. Then from '86 to '88, I went to Los Angeles County USC, which stands for University of Southern California. So LA County USC, as it's generally known, for two years of training in neuropathology, neuropathology being disease and injury of the brain, spinal cord and so forth. So that was from '86 to 88. And then in 1988, I went to the coroner's office, as it was then called. It's now a sheriff coroner's office. But, at that time, it was a coroner's office in San Bernardino. I did my one-year required training in forensic pathology there. When I finished that year, I stayed on at the same office. And then at 1991, I was appointed chief medical examiner for the county. And, as I mentioned earlier, I was in that position up until 2017. I am board certified in anatomic pathology which I mentioned before is general pathology, ina sense; also neuropathology as I mentioned about the brain and the spinal cord primarily, and then finally forensic pathology.

36 21:23

MS. LITTLE: In other words, Dr. Sheridan, you're triple board certified; is that correct?

37 21:26

DR. SHERIDAN: I am, yes.

38 21:29

MS. LITTLE: And that's in anatomic pathology, neuropathology and forensic pathology?

39 21:34

DR. SHERIDAN: That's correct. Yes.

40 21:36

MS. LITTLE: Can you describe any relevant teaching positions that you've held?

41 21:40
42 21:40

MS. LITTLE: If you could keep your voice up. I'm sorry. It's hard to hear back here.

43 21:44

DR. SHERIDAN: Okay. I'm sorry. Yes. I still do some teaching, actually. First of all, I'm on the staff of Loma Linda University Medical Center, the place where I did my initial training, and I give lectures ona regular basis there to the pathology residents like I used to be myself. In addition to that, for a long time, for about 20 years, actually, up until COVID, I was also giving annual or actually twice a year courses on forensics at the University of California, Riverside Extension, as it's called. And I did that, as I said, for essentially 20 years, I think. That stopped with COVID. So I haven't been doing that since the beginning of the COVID epidemic. I've also given annual lectures or not lectures or courses, three-day courses, to the California Criminalistics Institute, which is part of the forensic system in California. And then in addition to that, I was associated with another university for awhile but that sort of lapsed. That is basically it. I give occasional lectures at or actually at least one a year at various other places, just individual lectures. I'm a visiting lecturer, in other words, at community colleges and even high schools, actually. I forgot to mention one more thing. For two years, I was a visiting professor at a university in China in Hangzhou -- I don't know if I'm pronouncing it correctly -- but Hangzhou, H-A-N-Z-G -- whatever. It's a big city in China, and I was there for two years, two different years, I mean, giving courses on forensic pathology.

44 23:58

MS. LITTLE: And, Dr. Sheridan, are you a member of any academic or any professional societies?

45 24:04

DR. SHERIDAN: Of societies? Yes. I've been a member, although I've let it lapse recently intentionally. But I've been a member of the National Association of Medical Examiners for many years. I'm also a member of the American Academy for the Advancement of Science and also the American Forensic Institute or the AFSS, the American Academy of Forensic Science.

46 24:33

MS. LITTLE: And have you authored any peer-reviewed articles or publications in the areas of forensic pathology or neuropathology?

47 24:40

DR. SHERIDAN: Yes, but not recently. When I was working, I was too busy to publish. But yes. I did author a few papers earlier on in my career, one of which -- it wasn't in neuropathology but it was urology more than, well, it was actually neuropharmacology. And then I did author another paper that was related to my forensic pathology work, organ donation, organ and tissue donation for transplantation. Those are the two main ones, but there were a couple of other lesser papers.

48 25:17

MS. LITTLE: Can you describe your duties as the Chief Medical Examiner of San Bernardino County?

49 25:22

DR. SHERIDAN: Yes. As chief medical examiner, I had some administrative responsibilities, fortunately, not too many, because there were other people to do it. But most of my responsibility there was supervising the medical part of the coroner's office, in other words, the autopsy section, and I was supervising other pathologists. But I was also working full-time doing autopsies, myself. So I spent most of my time, actually, performing autopsies, but I did have, as I said, administrative roles supervising colleagues. And, of course, aS a medical examiner, as forensic pathologist, I frequently had to testify in court, rather like I'm doing now. So that was another part of my duty.

50 26:12

MS. LITTLE: And, during the course of your professional experience, approximately how many autopsies do you believe you've conducted?

51 26:18

DR. SHERIDAN: It's between 12 and 13,000. I think it's closer to 13,000.

52 26:25

MS. LITTLE: And have you qualified as an expert in the area of -- as a forensic pathology, neuropathology and anatomic?

53 26:32

DR. SHERIDAN: In courts, yes. Yes, about over 400 times.

54 26:38

MS. LITTLE: How many was that?

55 26:39

DR. SHERIDAN: Over 400.

56 26:43

MS. LITTLE: And did you review materials related to this case in furtherance of coming to an opinion and conclusion about Mr. O'Keefe's injuries?

57 26:51

DR. SHERIDAN: Yes, I did. I reviewed quite a lot of materials.

58 26:54

MS. LITTLE: What did you review?

59 26:56

DR. SHERIDAN: Okay. I reviewed the autopsy report on this case. Along with that, there was the neuropathology report which was separate. There was a toxicology report. There were autopsy photographs. These were all of primary importance to me, all these things. I also reviewed the complaint in this case, outlining, in other words, the basic details of the case. I reviewed photographs taken at the scene, the scene of death, of Mr. O'Keefe; photographs of the vehicle that was allegedly involved in his death; photographs of the decedent, himself, before the autopsy while he was at the hospital, the Good Samaritan Hospital. And there was also some videos of the scene of death. I also saw the death certificate, a document by SERT, S-E-R-T; police reports from the Canton Police Department. Am I missing anything? I don't think so.

60 28:21

MS. LITTLE: Your Honor, permission to publish what's been previously marked as Exhibit 19?

61 28:25
62

BY MS. LITTLE:

63 28:29

MS. LITTLE: Dr. Sheridan, is this one of the photographs that you reviewed in reaching your opinions and conclusions in this case?

64 28:35

DR. SHERIDAN: Yes. Yes, it is.

65 28:36

MS. LITTLE: Can you describe the injuries that you see in this photograph?

66 28:40

DR. SHERIDAN: These injuries that you're looking at here on the arm are abrasions, which are friction injuries, basically. We classify them under the general category of blunt force injury, but these particular ones are abrasions, the abrasions being where the outer layer of the skin, the epidermis, as it's called, has been scraped off. These are friction injuries, essentially.

67 29:05

MS. LITTLE: And, based on your review of the information discussed earlier as well as your review of these photographs, can you tell whether these injuries were sustained before or after death?

68 29:16

DR. SHERIDAN: These injuries were sustained before death. We call them antemortem, A-N-T-E, mortem meaning before death. And that's based primarily on their color. And you have to take other things in consideration, but that's the bases of it. If these had been postmortem, they would have more yellowish-orange color, usually yellow.

69 29:41

MS. LITTLE: In your professional opinion, based on a reasonable degree of scientific certainty, are those injuries consistent with being struck by a vehicle while holding a drinking glass?

70 29:51

MR. LALLY: Objection.

71 29:51

JUDGE CANNONE: Sustained.

72 29:53

MS. LITTLE: May we approach, Your Honor?

73 29:54
sidebar Scientific Foundation for Expert Opinion
74

(Whereupon, there was a sidebar conference as follows:)

75

JUDGE CANNONE: Okay. So state your objection.

76

MR. LALLY: My objection is to what scientific as well as -- I don't know that the foundation has been laid as to --

77

JUDGE CANNONE: I sustained it based on both of those. So build a foundation.

78

(Whereupon, the sidebar conference concluded.)

79 30:42

JUDGE CANNONE: Doctor, I am going to take this opportunity to ask you again to keep your voice up, please, sir.

80 30:45

DR. SHERIDAN: I will do my best. My voice is not as strong as it used to be.

81 30:49

JUDGE CANNONE: We will stop the AC for a while then. We will stop the air conditioning fora while then. We want to make sure we hear you.

82 30:55
83

BY MS. LITTLE:

84 30:55

MS. LITTLE: Dr. Sheridan, are these injuries consistent with a motor vehicle accident in your opinion?

85 31:04

MR. LALLY: Objection.

86 31:04

JUDGE CANNONE: Sustained.

87 31:05

DR. SHERIDAN: I would say, in general, no.

88 31:06

JUDGE CANNONE: Sir, that objection was sustained. I think Ms. Little is going to put it to you ina different way.

89 31:11

DR. SHERIDAN: That's fine.

90

BY MS. LITTLE:

91 31:11

MS. LITTLE: If you could assume for purposes of this question that this individual was involved in a motor vehicle collision as a pedestrian, based on your review of these photographs, are those injuries consistent with having been struck by a vehicle?

92 31:29

MR. LALLY: Objection.

93 31:30

JUDGE CANNONE: Sustained. Why don't you come back for a minute.

sidebar Repeated Foundation Objection
94

(Whereupon, there was a sidebar conference as follows:)

95

JUDGE CANNONE: Same objection?

96

MR. LALLY: Yes.

97

JUDGE CANNONE: Build a foundation. Okay?

98

(Whereupon, the sidebar conference concluded.)

99

BY MS. LITTLE:

100 32:06

MS. LITTLE: Dr. Sheridan, how many autopsies have you conducted on individuals who were involved in pedestrian vehicle motor collisions?

101 32:14

DR. SHERIDAN: Involved in pedestrian vehicle --

102 32:16
103 32:17

DR. SHERIDAN: Yes. Well over 100.

104 32:20

MS. LITTLE: What other experience do you have in terms of conducting autopsies with individuals who have been involved in motor vehicle collisions?

105 32:30

DR. SHERIDAN: Well, I mean, if you take motor vehicle accidents in general, they'd be probably nearly a quarter of my total number of autopsies. So in other words, that would be close to 3,000. Yeah. That's about right.

106 32:45

MS. LITTLE: Based on your professional experience, what is your opinion regarding whether those injuries are consistent with a pedestrian being struck by a motor vehicle?

107 32:56

MR. LALLY: Objection.

108 32:56

JUDGE CANNONE: I'm going to allow it. You can answer that, Doctor.

109 33:01
110 33:01

JUDGE CANNONE: Can you answer that?

111 33:03

DR. SHERIDAN: I can answer it, yes.

112 33:04

JUDGE CANNONE: So go right ahead, sir.

113 33:06

DR. SHERIDAN: Okay. The question was, to be precise? Can you rephrase it? I mean, I said, yes, I can answer it; but I can't remember exactly how you phrased it.

114

BY MS. LITTLE:

115 33:14

MS. LITTLE: Yes. Based on your extensive training and experience, what is your opinion regarding whether those injuries are consistent with being struck, with an individual being struck by a vehicle?

116 33:28

DR. SHERIDAN: If you mean struck in that part of the body, on the arm directly --

117 33:32
118 33:32

DR. SHERIDAN: -- I would say, no, it doesn't look like that at all.

119 33:35

MS. LITTLE: And can you explain that?

120 33:37

DR. SHERIDAN: Well, if you are hit by a vehicle, whichever part of your body is hit, if it's a significant impact at all, you're going to get bruising, and we don't have any bruising here. We just have linear, what I'd call linear abrasions without any bruising. So that does not look to me at all remotely like an impact from a motor vehicle.

121 34:01

MS. LITTLE: What would you expect to see if an individual's arm was struck by the rear of a motor vehicle?

122 34:08

DR. SHERIDAN: Well, as I just said a second ago, primarily a lot of bruising. And that's what we don't see here. You might see -- well, depending on the circumstances, you might see other things like a fracture or fractures. But you would at least expect bruising.

123 34:26

MS. LITTLE: In your professional opinion based on your many years of experience, have you conducted any autopsies involving individuals who were involved in any sort of animal attack?

124 34:36

DR. SHERIDAN: Animal attacks in general, yes. Quite a few, actually. When I say "quite a few," it's not an enormously common event, but I've done probably at least a dozen or so involving deaths where an animal was involved one way or another.

125 34:54

MS. LITTLE: Have you conducted any in which an individual was attacked by a dog?

126 34:59

DR. SHERIDAN: Yes, I have. A few.

127 35:01

MS. LITTLE: Can you describe that for the jury?

128 35:04

DR. SHERIDAN: Well, I'd have to just refresh my memory out of the blue here. But, first of all, I had a number of cases, three or four, I think, over the years involving children, primarily children, who were killed by feral dogs and the dogs attacked the kids, the kid, and killed them. So I had that a few times. But then I've also had cases where an animal or a dog, particularly, was involved but wasn't the actual cause of death, so to speak, but they were involved in something that was happening and left some traces of their activity in the form of bite marks or scratch marks.

129 35:46

MS. LITTLE: In your professional opinion, are those injuries consistent with an animal attack?

130 35:51

DR. SHERIDAN: Are they consistent with what?

131 35:53

MS. LITTLE: An animal attack.

132 35:54

DR. SHERIDAN: I would say they are, yes. I'm not 100 percent sure, but my initial reaction when I saw this photograph was that it was probably an animal or most likely I would say a dog, scrape marks with paws, Possibly also a bite mark from the teeth, as well, possibly. I'm not 100 percent sure. I didn't get a chance to analyze it right there on the spot, so to speak. But my basic impression is that these are consistent with marks caused by say a dog using his paws or claws, if you want to put it that way and possibly teeth, as well.

133 36:38

MS. LITTLE: There is a pointer up there. Would it be possible to direct the jury to the injuries that you're referring to on the screen? There should be a little laser pointer up there.

134 36:45

DR. SHERIDAN: I don't really see one.

135 36:52

JUDGE CANNONE: It's not there.

136 36:54

MS. LITTLE: May I approach, Your Honor?

137 36:56
138

BY MS. LITTLE:

139 37:01

MS. LITTLE: Using the laser pointer, could you indicate the injuries that you believe you just testified are consistent with scratch marks?

140 37:12

DR. SHERIDAN: Actually, in a sense, they are all consistent with scratch marks in sort of the more generic sense of whether it's the paws or the teeth. They are going across the skin rather than going straight into it. So all of these marks are generally consistent with if you want to call them scratch marks. I don't know if this will work on the screen, but you've basically got what looks like this one pair there and possibly a third one and one in the middle. There are two very clear parallel marks there with another one fainter in the center. Then going closer to the elbow, you've got another two or three, whichever way you look at that. At the elbow, itself, you have -- that's that part of the elbow there is what I would think is the most likely candidate here for a bite mark, which is it has something of the configuration of the outline of teeth. And then the ones on the forearm are a little bit less obvious, but they are still consistent in general with, I would say, claw marks and/or maybe from the teeth.

141 38:28

MS. LITTLE: Dr. Sheridan, if you assume if the decedent was standing with his arm extended in this manner and he was struck with a rear taillight of a 7,000 pound Lexus only on the arm such that it spun him around and propelled him 30 feet, do you have an opinion as to whether or not these arm injuries are consistent with that scenario?

142 38:48

MR. LALLY: Objection.

143 38:49

JUDGE CANNONE: All right. I'll see you at Sidebar.

sidebar Vehicle-Impact Hypothetical Question
144

(Whereupon, there was a sidebar conference as follows:)

145

JUDGE CANNONE: What is the nature of the objection?

146

MR. LALLY: The nature of the objection is the nature of the hypothetical, two occupants, asking -- as far as using a hypothetical, whatever, I don't think it is appropriate.

147

JUDGE CANNONE: Well, if the jury finds the facts of the hypothetical beyond a reasonable doubt, then why isn't it admissible?

148

MR. LALLY: Again, I don't know that this witness has expertise in that area as far as --

149

JUDGE CANNONE: So this is one of those that crosses the boundary of medical engineering -- an engineer could help you from physics -- so I don't know that -- could you review the question?

150

MS. LITTLE: Sure. Assume the --

151

JUDGE CANNONE: Hold on.

152

MS. LITTLE: Assume the decedent was standing at --

153

JUDGE CANNONE: Slow down. You come close to him.

154

MS. LITTLE: Assume the decedent was standing with his arm extended out and was struck only in the arm with a rear taillight of a 7,000 pound Lexus at 24 miles per hour and essentially spun him around and propelled him 30 feet. Do you have an opinion as to whether or not these arm injuries are consistent with that scenario. The testimony -- testified that the decedent was standing with his arm like that. He testified it struck a 7,000 pound vehicle, a Lexus -- he testified if it was traveling at 24 miles per hour -- then he was propelled -- that was the Commonwealth's witness's testimony.

155

JUDGE CANNONE: What do you say about that, Mr. Lally?

156

MR. LALLY: Well, it is --

157

JUDGE CANNONE: I'm not going to go back and check the testimony. So what was your question again?

158

MS. LITTLE: Assume the decedent was standing with his arm extended in this manner and was struck on the arm with a rear taillight of a 7,000 pound Lexus traveling 24 miles per hour. I can stop it there.

159

JUDGE CANNONE: Does that work for the Commonwealth?

160

MR. LALLY: It does. I mean, I also don't recall Trooper Paul. Again, I think it was in response to a question by Mr. Jackson along the same scenario as far as his arm extended and all those questions about the shoulder and everything else. But I don't think that Trooper Paul -- position of Mr. O'Keefe's arm at the time he was struck.

161

MS. LITTLE: It was --

162

JUDGE CANNONE: But I don't know what came in or what didn't. All right. I will give you that, but I'm going to also instruct. Okay? I just need a minute to get my instruction. Ms. Little, I need about five minutes or so. I am going to excuse the jury.

163

(Whereupon, the sidebar conference concluded.)

Procedural Procedural
164

JUDGE CANNONE: Jurors, we are going to send you out for a very short recess.

165

(Whereupon, the jury is escorted from the courtroom and a brief recess is taken.)

166

(Court resumes.)

167

(Defendant present. Jury not present.)

168

JUDGE CANNONE: So I'll see counsel.

sidebar Proposed Limiting Instruction
169

(Whereupon, there was a sidebar conference as follows:)

170

JUDGE CANNONE: It's going to take a little while to find and write what I need. I'll just deal with it in my final jury instructions. I'd like both Sides to propose a limiting instruction for this. So go ahead with the first of that question at least that you would stop at. I'll allow you to do that.

171

MS. LITTLE: Perfect. Thank you, Your Honor.

172

JUDGE CANNONE: The Commonwealth's objection is noted.

173

MR. LALLY: Thank you, Your Honor.

174

(Whereupon, the sidebar conference concluded and the jury is escorted into the courtroom and is seated in the jury box.)

175 54:15

JUDGE CANNONE: Go right ahead, Ms. Little, ina loud voice.

176

BY MS. LITTLE:

177 54:18

MS. LITTLE: And, Dr. Sheridan, I'll ask you also to keep your voice up for this question.

178 54:24

DR. SHERIDAN: I'll try.

179 54:25

MS. LITTLE: Okay. Assuming the decedent was standing with his arm outstretched like this and was struck by the rear of an SUV only in his arm at 24 miles per hour, are the injuries in Exhibit 19 consistent with that scenario?

180 54:33

DR. SHERIDAN: No. I do not think so.

181 54:40

MS. LITTLE: Can you describe that?

182 54:42

DR. SHERIDAN: Well, as I think I have already mentioned before, one thing that's not there that should be there given that scenario is there should be bruising, at least bruising, if not perhaps even more than that but bruising for sure. Secondly, just the appearance of these injuries, they are pattern, if you wanted to call it that. The way they're distributed doesn't seem to fit the idea of the rear of a vehicle being the impacting object.

183 55:11

MS. LITTLE: At 24 miles per hour, would you expect to see fractures or breaks in the arm?

184 55:16

DR. SHERIDAN: You could. There would be other factors involved as to -- it would depend on a lot of things but it's possible, yeah.

185 55:26

MS. LITTLE: I would like to direct your attention to the jury that Mr. O'Keefe sustained to his head. Do you recall that injury?

186 55:31

DR. SHERIDAN: To the head?

187 55:32

MS. LITTLE: To the head.

188 55:32
189 55:34

MS. LITTLE: Could you describe that injury for the jury?

190 55:37

DR. SHERIDAN: There were a few minor injuries on the face but the major injury and, indeed, the main cause of death was an impact to the back of the head, slightly to the right of the midline of the back of the head and where there was a laceration. A laceration is another type of blunt force trauma, but this is -- a laceration is where the skin has actually opened up or is split so you get bleeding from a laceration. So there was a laceration, as I said, in the back of the scalp in what's called the occipital area and beneath that, when the skin was moved away as part of the autopsy, there was extensive bruising, hemorrhage, in other words, in the scalp at that same point. There was a fracture that started at that point in the scalp but traveled all the way forward to the frontal areas of the scalp. So you have the impact to that site is clear because, as I said, you've got the laceration. That's where the impact was. So you have the impact with the scalp hemorrhage there and the skull fractures.

Then the brain, itself, had injuries, Significant injuries. First of all, there was bleeding on the surface of the brain, and that's very common in Situations like this. But, in addition to that, there were extensive bruises, contusions is the real word, actually, but they are essentially bruises of the brain substance, itself, and they were in several different parts of the brain, including the frontal areas which are near the forehead and also the temporal, which are towards the side, more or less. And then there was also hemorrhage deep inside the brain in what's in the ventricles, which are open areas in the center of the brain. All of these things were described in the neuropathology report, and you can see them in the photographs that were part of the neuropathology report as well as the autopsy. Because of or as a result of, I should say, the injury to the brain, the brain began to swell. And that's what it usually does after major trauma.

And, as a result of the swelling, you had what was called skull herniation, where the brain -- if you want to think of it this way, the brain is trying to expand but it can't because the skull is around it. So it begins to put pressure, pushing, especially downwards, towards the top of the spinal cord. And, eventually, as happened in this case, it's quite clear from the photographs, the brain herniated downwards at the brainstem, particularly, herniated downwards. And this would have been the final straw, so to speak. That's what would lead to respiratory failure and death. So this was a fatal injury, for certain.

191 58:47

MS. LITTLE: And what impact would that type of injury have had on the individual after sustaining it?

192 58:55

DR. SHERIDAN: Once this injury occurred, once this impact occurred, Mr. O'Keefe would have been unconscious. He would still be capable of breathing for a while until that brain swelling took over and pushed the brainstem down. But immediately at the point of impact, he would have been unconscious for sure.

193 59:18

MS. LITTLE: Would he have been able to stand up and be able to walk?

194 59:20

DR. SHERIDAN: No. He would have been unconscious completely.

195 59:23

MS. LITTLE: Do you have any opinion regarding whether that injury is consistent with having been struck on the ground on dirt or grass?

196 59:34

DR. SHERIDAN: I'm sorry. I didn't quite get the question.

197 59:38

MS. LITTLE: I'll rephrase it. That was a poorly worded question. Is that injury consistent with striking dirt or grass?

198 59:46

DR. SHERIDAN: Like, for example, falling onto the grass?

199 59:48
200 59:49

DR. SHERIDAN: No. I don't think so. If there is a fall involved here, and there could be, it would be onto a hard surface. But the grass -- as I understand from all the material I reviewed, there was also some snow. So that might even cushion the impact even a little bit more. But, even without the snow, grass is basically too soft for somebody falling and hitting their head on it to get the injuries I've just described.

201 1:00:23

MS. LITTLE: In addition to focusing on the injuries that were present, what significance do you place on the absence of injury in the autopsy?

202 1:00:30

DR. SHERIDAN: What significance do I place on what?

203 1:00:33

MS. LITTLE: In addition to focusing on the injuries that are present, what significance do you place on the absence of injuries when conducting an autopsy?

204 1:00:43

DR. SHERIDAN: Well, as you put it there, it's a rather general question. But, I mean, when you are doing an autopsy, you obviously want to see what is there and what's not. And everything can be relevant, including absent things. Now, in this particular case, there are a number of features of things that are absent that are important. I've already alluded to one and that is on the arm. If that was an impact from the vehicle, I would expect bruising. Do you want me to continue?

205 1:01:10
206 1:01:14

DR. SHERIDAN: But if Mr. O'Keefe was struck with -- it depends, obviously, on what part of the body is involved. But if a vehicle hits you, whether it's the back of the vehicle or the front, you're going to have -- as long as it's not going extremely slowly, if it's going at any speed at all, any significant speed, it's going to cause at least bruising. In this particular case, one of the things that struck me was that there was a distinct absence of bruising on the torso, you know, the chest, abdomen, hips, whatever. And, also, in most cases that I've ever been involved in where a person, a pedestrian, was hit by a vehicle, there are injuries on the legs, including fractures, which are very common on the legs. So the absence of all of these things in this case, I think, is important.

207 1:02:15

MS. LITTLE: Have you conducted autopsies involving individuals who are involved in fights or altercations?

208 1:02:21

DR. SHERIDAN: Yes. Many, many times.

209 1:02:23

MS. LITTLE: Approximately how many?

210 1:02:24

DR. SHERIDAN: Gosh. I have no idea. It's been a lot. I mean, I've done -- I said earlier between 12 -- over 12, maybe 13,000, a lot of autopsies. Of those -- I'm only giving you estimates here, but over a thousand would have been homicides. Of those, probably maybe a fifth or about 200 would have involved blunt force trauma instead of, for example, a firearm or something like that. And, in those cases -- yes. Okay. So all of those and other cases involving homicides involving sharp force may have evidence of a struggle, as well. So it's in the hundreds.

211 1:03:16

MS. LITTLE: In your expert medical opinion, are Mr. O'Keefe's injuries consistent with a fight ora physical altercation?

212 1:03:24

DR. SHERIDAN: In a general sense, they can be. They could be, yes. He had -- I alluded to it just briefly before, but the head injury, the major head injury I've described. But he also had a laceration over his right eyelid. He had some scrape marks on his face. He also had some bruises on the back of his right hand which that kind of injury on the hands can be what we call a defensive injury, in other words, an injury that occurs when you're protecting yourself and you're hit either with another fist or with a hard object and you're protecting yourself. So I would say that some of these findings are just consistent -- mentioned are consistent with the possibility of a physical altercation. Yes.

213 1:04:22

MS. LITTLE: Thank you. If I could have one moment?

214 1:04:25
215 1:04:28

MS. LITTLE: No further questions.

216 1:04:32

JUDGE CANNONE: Okay. Mr. Lally?

217 1:04:33

MR. LALLY: Thank you, Your Honor.

218

CROSS-EXAMINATION BY MR. LALLY:

219 1:05:08

MR. LALLY: Good morning, Doctor.

220 1:05:09

DR. SHERIDAN: Good morning.

221 1:05:10

MR. LALLY: The injury that you were just testifying about regarding Mr. O'Keefe, they were on his right knee, his right arm, as well as the back right side of his head; is that correct?

222 1:05:27

DR. SHERIDAN: Yes. I forgot to mention the knee, but yes. There were injuries in those places, yes.

223 1:05:34

MR. LALLY: And understandable, but this isn't an autopsy you performed yourself, correct?

224 1:05:38

DR. SHERIDAN: I did not perform myself, no.

225 1:05:40

MR. LALLY: You never saw the body. You're looking at photographs and reports, correct?

226 1:05:44

DR. SHERIDAN: Yes. I'm going by the photographs and the autopsy report. Yes.

227 1:05:48

MR. LALLY: And within the materials that you reviewed, did you ever look at Mr. O'Keefe's medical records from the Good Samaritan?

228 1:05:55

DR. SHERIDAN: Look at whose medical records? Mr. O'Keefe's?

229 1:05:59

MR. LALLY: Yes.

230 1:05:59

DR. SHERIDAN: I looked at the medical records from Good Samaritan Hospital where he was pronounced dead. Yes.

231 1:06:07

MR. LALLY: Okay. So you did look at those, as well?

232 1:06:09

DR. SHERIDAN: I did look at those. Yes. I thought I mentioned it earlier.

233 1:06:14

MR. LALLY: Now, with regard to what you reviewed of Mr. O'Keefe's injuries, you saw no injuries to his left arm, correct?

234 1:06:26

DR. SHERIDAN: To his left arm? No. I don't think so. No.

235 1:06:29

MR. LALLY: No injuries to his left leg, correct?

236 1:06:32
237 1:06:33

MR. LALLY: No injuries to his torso that you saw?

238 1:06:35

DR. SHERIDAN: That's correct. Uh-huh.

239 1:06:37

MR. LALLY: And no injuries to the back left side of his head; is that correct, as well?

240 1:06:42

DR. SHERIDAN: That's correct, yes.

241 1:06:45

MR. LALLY: Now, you indicated that you observed or viewed the autopsy reports as well as autopsy photographs and the death certificate, correct?

242 1:06:56

DR. SHERIDAN: I did, yes.

243 1:06:57

MR. LALLY: Now, do you support Dr. Scordi-Bellow's determination as to the cause of death being multiple blunt force type injuries in conjunction with hypothermia?

244 1:07:08

DR. SHERIDAN: I do. Ido agree with her, yes.

245 1:07:11

MR. LALLY: And you reviewed also the neuropathology report by Dr. Stonebridge?

246 1:07:16

DR. SHERIDAN: I did, yes.

247 1:07:17

MR. LALLY: And do you agree or concur with the findings of Dr. Stonebridge contained within that report?

248 1:07:22

DR. SHERIDAN: Yes. There were photographs taken during the neuropathology examination which were independent confirmation for me of the things described in the report. Yes.

249 1:07:39

MR. LALLY: Now, with regard to autopsies that you performed in the past -- well, let me ask you this first: As far as the injuries that you observed in the photographs to Mr. O'Keefe's right arm, they were not the cause of Mr. O'Keefe's death, correct?

250 1:07:54

DR. SHERIDAN: No, they were not.

251 1:07:57

MR. LALLY: With regard to autopsies that you performed in the past in regard to there being some sort of animal involved that you were testifying before, is it normal to see just injuries related to an animal attack on Just one portion or one piece of body?

252 1:08:22

DR. SHERIDAN: Yes, in general. As I mentioned, I think, when I was answering the question about the cases I've done involving animals, I try to divide them into two groups because there is an important difference. Some of those cases were cases where the animals were responsible for the death, itself. As I said, a bunch of feral dogs in one case in particular. Another was a case where it wasn't a whole bunch of them but there were two dogs, large dogs. And they killed the victims, children. So those individuals had multiple injuries, including deep bite marks that were fatal, particularly in the neck area. But they also had -- and I'm stretching my memory a bit because it's a while since I did these cases. But I do have a general recollection that in at lease -- in those cases, I should say, in addition to the fatal injuries, there were also some nonfatal things like paw marks and I can't remember the distribution, though, on the body.

253 1:09:29

MR. LALLY: Do you remember as far as whether or not these injuries that you observed, and not taking the child fatalities with the dog's mauling, I'm presuming that those involved injuries to significant and extensive parts of the body; is that correct?

254 1:09:43

DR. SHERIDAN: Yes. The ones with the animals caused the death. Yes.

255 1:09:46

MR. LALLY: So in the other instances that you were talking about, do you recall even whether or not those injuries that you observed were antemortem or postmortem?

256 1:09:53

DR. SHERIDAN: I'm sorry. I couldn't hear the last part.

257 1:09:55

MR. LALLY: The other ones that you were talking about as far as the other animal attacks that you've seen --

258 1:09:59
259 1:10:00

MR. LALLY: -- do you recall whether or not the injuries that you observed in those instances were antemortem or postmortem?

260 1:10:06

DR. SHERIDAN: Antemortem. Well, actually, in one of the cases that comes to mind, the marks appeared to be postmortem, and this person was actually a homicide victim. And they were lying outdoors and their own dog -- this was according to police who came on the scene. When they arrived, there was a dog that turned out to be the victim's own dog was pawing at the body, but the person was dead. But, in another case that I can think of, scratch marks from dog paws were antemortem, and they were confined to one place only. I'm trying to remember what part of the body. In this case, I had to testify later on. Yeah. This case that I'm thinking of now, the paw marks were limited to just one location. I can't remember exactly where they were, though, whether it was the leg or the arm. I can't remember.

261 1:11:15

MR. LALLY: And that was postmortem injuries that you're talking about there, correct?

262 1:11:18

DR. SHERIDAN: No. In the second case, they were antemortem. So, in other words, there's postmortem and antemortem. Yes.

263 1:11:27

MR. LALLY: The injuries that you observed on Mr. O'Keefe's arm were to the posterior part of his arm, correct?

264 1:11:32

DR. SHERIDAN: Yes. Basically the posterior.

265 1:11:34

MR. LALLY: No injuries that you observed on the anterior portion or the other side of the right arm, correct?

266 1:11:39

DR. SHERIDAN: That's correct. Yes.

267 1:11:40

MR. LALLY: No other injuries that you observed consistent with what you're talking about as far as an animal attack on any other part of Mr. O'Keefe's body, correct?

268 1:11:47

DR. SHERIDAN: That's correct. Yes.

269 1:11:48

MR. LALLY: And, from what you observed in the reports and the photographs, you can't say definitively what type of animal, correct?

270 1:11:55

DR. SHERIDAN: That's correct. I can't.

271 1:11:58

MR. LALLY: And you can't say even if it was an animal or was a dog, what breed of dog that was; is that correct?

272 1:12:06

DR. SHERIDAN: No. But, if I had to try and if I said --

273 1:12:10

MR. LALLY: I'm not asking you to try, sir. I'm just asking whether or not you can say what breed of dog it was. No, I can't tell you what breed. No.

274 1:12:19

MR. LALLY: You can't say whether or not those injuries were inflicted inside a house or outside of a house; is that correct?

275 1:12:27

DR. SHERIDAN: Yeah. I have no idea.

276 1:12:28

MR. LALLY: You can't say when they occurred, correct?

277 1:12:32

DR. SHERIDAN: Only that when he was still alive. Yeah. But, other than that, no. And they are fresh looking. They look like they happened very shortly before death.

278 1:12:46

MR. LALLY: And, when you say a short time, are you talking about hours?

279 1:12:50

DR. SHERIDAN: Minutes to hours, I would say.

280 1:12:52

MR. LALLY: Minutes to hours, but you can't --

281 1:12:53

DR. SHERIDAN: I mean, I'm talking just based on the injuries, themselves, alone, leaving anything else out. You can't time injuries as exactly as you might think from CSI or one of those television programs. But they are generally fresh, for sure. But just looking at those on their own, I would have to say minutes to hours, yes.

282 1:13:16

MR. LALLY: Now, at some point, were you given or did you review any files from a lab at University of California Davis?

283 1:13:27

DR. SHERIDAN: I'm not sure. In relation to what?

284 1:13:30

MR. LALLY: So are you aware that the state police lab in Massachusetts swabbed areas of the sleeve on the right arm of Mr. O'Keefe and sent samples from that in the areas of where the injuries occurred on his right arm and then sent that to a lab at UC Davis? Are you aware of that?

285 1:13:48

DR. SHERIDAN: I'm not sure that I remember that, no.

286 1:13:50

MR. LALLY: And so you're equally unaware, then, that when that was tested there was no canine DNA found from any of those swabbings in the area where the injuries that you're describing as scratch marks or bite marks occurred?

287 1:14:02

DR. SHERIDAN: I wasn't aware of that. I must have missed it.

288 1:14:06

MR. LALLY: Were you aware of any sort of bite history or a specific animal at 34 Fairview being involved in attacks on other dogs?

289 1:14:16

DR. SHERIDAN: I'm sorry? I don't think I understood that question.

290 1:14:18

MR. LALLY: Were you aware that there was a dog that resided at 34 Fairview Road?

291 1:14:22

DR. SHERIDAN: Am I aware that there was a dog there?

292 1:14:24

MR. LALLY: Yes.

293 1:14:25

DR. SHERIDAN: I was informed there was, yes.

294 1:14:26

MR. LALLY: Were you also informed that that dog, months later after January 2022, was involved in an incident in which it attacked another dog, humans intervened and one of the humans was bitten?

295 1:14:39

DR. SHERIDAN: No. I didn't know that.

296 1:14:40

MR. LALLY: Are you aware that there are photographs of an actual bite mark from that actual dog months after January 29th? Were you shown any of that?

297 1:14:49

DR. SHERIDAN: No. I don't believe I was.

298 1:14:56

MR. LALLY: Sir, did you write a report in relation to what you observed or anything in regard to your opinion or testimony that you're testifying here today?

299 1:15:06

DR. SHERIDAN: I didn't write a report as such, but I signed a declaration early on in my involvement in this case.

300 1:15:14

MR. LALLY: And that was a declaration or an affidavit that you signed under the pains and penalties of perjury back on January 31st, 2023; is that correct?

301 1:15:22

DR. SHERIDAN: I'm sorry. What was that?

302 1:15:26

MR. LALLY: When you were talking about a declaration, you are referring to an affidavit that you filed with the Court under pains and penalties of perjury in January of 2023?

303 1:15:35

DR. SHERIDAN: I didn't think it was January. However, there was only one. So whatever you have.

304 1:15:42

MR. LALLY: Now, at any point in time, were you made aware that there were microscopic pieces of the defendant's taillight as small as one-sixteenth of an inch by one- Sixteenth of an inch that were found in Mr. O'Keefe's clothing?

305 1:15:55

MS. LITTLE: Objection.

306 1:15:56

JUDGE CANNONE: I'll allow it.

307 1:15:58

DR. SHERIDAN: That were found in Mr. O'Keefe's what?

308

BY MR. LALLY:

309 1:16:00

MR. LALLY: Mr. O'Keefe's shirts.

310 1:16:02

DR. SHERIDAN: I don't remember that specifically.

311 1:16:05

MR. LALLY: And that those pieces were then found to be consistent with the defendant's taillight?

312 1:16:11

DR. SHERIDAN: Like I said, I don't remember that particular part.

313 1:16:14

MR. LALLY: Were you ever shown any material indicating that there was DNA from the defendant's taillight housing that was consistent with Mr. O'Keefe?

314 1:16:23

DR. SHERIDAN: I was asked -- I asked about that, myself. But I think the answer I got was no.

315 1:16:32

MR. LALLY: Now, were you ever told about a piece of human hair that was found on the right rear quarter panel near the area where there was a dent on the back right of the defendant's vehicle?

316 1:16:43

DR. SHERIDAN: No. I don't remember that.

317 1:16:46

MR. LALLY: And you weren't also told that that was then sent out for mitochondrial DNA testing and it was consistent with that of Mr. O'Keefe to a degree of 99.895 percent?

318 1:16:58

DR. SHERIDAN: You're talking about a hair sample now?

319 1:17:00

MR. LALLY: Yes.

320 1:17:01

DR. SHERIDAN: No. I didn't have that.

321 1:17:11

MR. LALLY: Now, Doctor, would you agree that in blunt impact injuries, the characteristics of a blunt object can then be transferred to the victim in the form of pattern abrasions that match the characteristics of that blunt object?

322 1:17:25

DR. SHERIDAN: Yes. Uh-huh.

323 1:17:27

MR. LALLY: Now, of the photographs, you reviewed photographs at the scene, photographs of the vehicle; is that correct?

324 1:17:33

DR. SHERIDAN: Yes, I did.

325 1:17:34

MR. LALLY: You're aware that there were a number of different pieces of the defendant's taillight that were photographed, as well? Did you ever see those?

326 1:17:41

DR. SHERIDAN: I did. Yes. Uh-huh.

327 1:17:42

MR. LALLY: Do you recall seeing any piece of a clear plastic taillight piece that was recovered on January 29th along with Mr. O'Keefe's sneaker that had dimpling on the outside of that clear piece of plastic?

328 1:17:57

DR. SHERIDAN: I remember seeing the pictures of the glass fragments, but I don't remember any more specifics than that.

329 1:18:05

MR. LALLY: Do you know what a compression abrasion is?

330 1:18:08

DR. SHERIDAN: A what?

331 1:18:09

MR. LALLY: Compression abrasion?

332 1:18:11

DR. SHERIDAN: Yeah, although it's not a term we use all the time. But, however, yes.

333 1:18:15

MR. LALLY: And a compression abrasion can occur when there is direct pressure from a blunt object together with slight rubbing movements that produce skin and epidermal crushing; is that correct?

334 1:18:27

DR. SHERIDAN: Yes. You have to have some lateral movement, as well, though, to get an abrasion.

335 1:18:41

MR. LALLY: Now, when you were talking about prior autopsies that you've done involving pedestrian collisions, is it fair to say that most of those pedestrian collisions that you were doing autopsies on involved pedestrians being struck by the front of the vehicle?

336 1:18:57

DR. SHERIDAN: Yes. Mostly the front, uh-huh.

337 1:18:59

MR. LALLY: Mostly if the pedestrian is sort of crossing the street or standing in the street and is then struck by the front of the vehicle, correct?

338 1:19:06

DR. SHERIDAN: Yeah. I think they were all -- I actually have done a couple of cases where children were hit by the back of a reversing vehicle. This is in the days before they had the rear videos on cars that they have now. So those cases were impacts against the back of the vehicle. But most of the pedestrian cases are, yeah, as you say, they are front or the vehicle hitting the person.

339 1:19:33

MR. LALLY: Just briefly on that, as far as the defendant's vehicle, itself, are you aware that there were rear backup cameras in a 360 degree overhead view on the back of her vehicle?

340 1:19:44

DR. SHERIDAN: I remember reading that, yes.

341 1:19:51

MR. LALLY: Now, understanding what you're talking about as far as a rear vehicle pedestrian collision, is that typically sort of -- where on the vehicle -- let me ask you this first: When you are doing an autopsy in relation to a pedestrian collision, much of the information that you're gaining about that is what you receive from the investigating agency, whether it's the police or something like that, correct?

342 1:20:20

DR. SHERIDAN: It varies a lot from one case to another. Sometimes you get virtually no information about the accident because some of these cases I've done, some of them were witnessed and some weren't. Let's put it that way. Yeah. So when they weren't witnessed, when the person is just found later or sometime afterwards, you wouldn't have necessarily any -- the vehicle would typically not be there. These would be hit-and-run type of situations. And so in those cases, you wouldn't have all of that kind of information. So it varies.

343 1:20:56

MR. LALLY: Understanding that it varies but, primarily, what I'm saying is whatever information as far as a body comes in and you're going to go in to conduct an autopsy, there would be some information from law enforcement or witness statements or something as to what type of death this is as far as gunshot wound, stabbing, pedestrian collision, something like that?

344 1:21:14

DR. SHERIDAN: Yeah. Absolutely. But, like I said, in those nonwitness cases of pedestrians, I might be given the information that it's probably a pedestrian fatality from a car.

345 1:21:27

MR. LALLY: And, when it comes to pedestrian collisions and most of which you've seen are, again, from the front of the vehicle striking a pedestrian in the roadway; is that correct?

346 1:21:37

DR. SHERIDAN: Yes. Uh-huh.

347 1:21:38

MR. LALLY: And are you familiar with what role sort of the center of mass of that person versus the center of mass of where they're struck plays in reference to their injuries?

348 1:21:47

DR. SHERIDAN: Yes. That can have a big effect on how the body reacts to the impact.

349 1:21:52

MR. LALLY: So most of the time when you're talking about sort of lower extremity injuries or pelvic fractures or things like that, that is in a frontal collision with a pedestrian, correct?

350 1:22:01

DR. SHERIDAN: Most of them were, yeah. I mean, they were the ones that involved being backed over and they were children. I can't remember the exact distribution of their injuries except the vehicle went right over them. I do remember that. But, to answer your question -- maybe I'm wandering in my mind. So can you ask me again?

351 1:22:24

MR. LALLY: I think you've answered it. So my next guestion, sir, is when it comes to the rear-end collisions primarily being children, you would agree with me that they have a lower center of mass than a six-foot-one, 200-something pound male?

352 1:22:35

DR. SHERIDAN: Yes. Uh-huh. Yes.

353 1:22:37

MR. LALLY: And so as far as them being run over, they are going to get struck. They're probably going to fall to the ground and then the vehicle is going to go over, correct?

354 1:22:43

DR. SHERIDAN: That's right. Yes.

355 1:22:44

MR. LALLY: And so how many autopsies have you conducted in regard to pedestrian collisions where they've been sideswiped by the back of a vehicle?

356 1:22:53

DR. SHERIDAN: I can't remember.

357 1:22:56

MR. LALLY: Can you remember anything?

358 1:22:58

DR. SHERIDAN: Not off the top of my head, no.

359 1:23:00

MR. LALLY: And so someone who is struck by the right rear portion of a vehicle and then projected away from the vehicle based on speed, based on force, based on whatever, would you then expect to see those same type of pelvic fractures or lower extremity injuries that you talked about with a frontal collision?

360 1:23:16

DR. SHERIDAN: No. It depends on the exact position of the victim at the moment of impact. And, of course, it could be a lot of different things. The victim could be facing the vehicle. They could be sideways on. They could have their back. But you're going to see bruising somewhere in that area, in one of those areas, either on the back, the side, whatever, or the front. I would expect to see bruising, significant bruising.

361 1:23:44

MR. LALLY: As you testified earlier on direct, it's sort of dependent or variable, depending on how the victim pedestrian interacted with the vehicle; isn't that correct?

362 1:23:54

DR. SHERIDAN: Yes. But I'd expect bruising for sure. I mean, whether you get fractures and so forth would depend on -- or, for that matter, internal injuries, depends on a variety of factors. But you're going to get bruising for sure.

363 1:24:05

MR. LALLY: And you did see bruising on Mr. O'Keefe's right hand, though, correct?

364 1:24:09

DR. SHERIDAN: Yes, small bruising. It looked like two, possibly three almost confluent or close together bruises.

365 1:24:21

MR. LALLY: Now, were you aware from the materials that you reviewed that Mr. O'Keefe was last seen sort of on video exiting from a bar at about 12:11 a.m., holding a cocktail glass in his right hand?

366 1:24:31

DR. SHERIDAN: I vaguely remember that, yes.

367 1:24:33

MR. LALLY: Were you also aware that there were pieces of a cocktail glass with Mr. O'Keefe's DNA on it that were found right in the general vicinity of where his body was found?

368 1:24:43

DR. SHERIDAN: That, I don't remember.

369 1:24:57

MR. LALLY: You talked about a couple of different patterns to the injuries that you observed on Mr. O'Keefe's right arm. So my question for you, Doctor, is it your testimony that those what you're terming as animal bites or scratches, were they caused at one time or multiple times or how many times are we talking about?

370 1:25:16

DR. SHERIDAN: You mean on different occasions?

371 1:25:18

MR. LALLY: As far as there are multiple abrasions as you've termed them. And you're attributing them to an animal attack, correct?

372 1:25:28

DR. SHERIDAN: I think that's the most likely explanation for these, yes.

373 1:25:31

MR. LALLY: And so my question is, Sir, is that from the dog or the animal or whatever it is scratching Mr. O'Keefe once, more than once, based on what you observed?

374 1:25:42

DR. SHERIDAN: It's more than once. When I had the laser pointer here, I think I pointed to roughly, what, one, two, three, four different areas. So it looks like the ones on the lower forearm or on the forearm, I should say, are harder to figure out. But it looks like four, maybe five separate --

375 1:26:03

MR. LALLY: Four or five separate sort of swipes whether they be with the mouth or paws or whatever?

376 1:26:08

DR. SHERIDAN: Yes. That's correct.

377 1:26:09

MR. LALLY: And so is it your testimony that it's not possible that Mr. O'Keefe received that from some part of the motor vehicle or a glass shattering or shattering from a taillight or any sort of metal pieces underneath contained within that taillight housing as far as his interaction on the vehicle?

378 1:26:26

DR. SHERIDAN: They don't look remotely like that to me.

379 1:26:29

MR. LALLY: So it's not possible; is that correct?

380 1:26:30

DR. SHERIDAN: In my opinion, no.

381 1:26:32

MR. LALLY: You were asked some question with regard to the surface of the ground as far as dirt or grass.

382 1:26:45

DR. SHERIDAN: Uh-huh.

383 1:26:45

MR. LALLY: Are you familiar with what the weather was like at the time that Mr. O'Keefe -- you testified earlier that you were familiar that he was found in the snow, correct?

384 1:26:53
385 1:26:54

MR. LALLY: Do you know what the temperature was like as far as -- my question is this, sir: Understanding cushioning of grass and dirt under normal conditions but if the ground is physically frozen based on the temperature outside, would that impact as far as your understanding of the injuries to the back of Mr. O'Keefe's head?

386 1:27:15

MS. LITTLE: Objection.

387 1:27:15

JUDGE CANNONE: I'll allow it.

388 1:27:16

DR. SHERIDAN: No. I mean, even if there was a small coating of ice, I wouldn't change my opinion based on that, no.

389

BY MR. LALLY:

390 1:27:24

MR. LALLY: I'm not talking about ice, sir. What I'm talking about is the ground, itself, being physically frozen based on the temperature outside.

391 1:27:30

MS. LITTLE: Objection.

392 1:27:31

JUDGE CANNONE: Sustained.

393

BY MR. LALLY:

394 1:27:32

MR. LALLY: Now, as far as the hard surface that you're talking about, would that include asphalt pavement?

395 1:27:39

DR. SHERIDAN: Yes, it could. Uh-huh.

396 1:27:42

MR. LALLY: And, as far as those injuries, the speed, if Mr. O'Keefe was struck by a vehicle and was projected away from that vehicle and then struck his head on the ground, would that be sufficient force in your opinion to cause a skull fracture on the back of his head?

397 1:27:58

DR. SHERIDAN: If all that happened, yes, and onto asphalt or something like asphalt, yes, if, indeed, that's what happened. But, like, for other reasons, I don't think that is what happened.

398 1:28:10

MR. LALLY: Now, you testified or you were asked some questions about your opinion as to or consistency with a physical altercation; is that right?

399 1:28:18
400 1:28:19

MR. LALLY: And the sort of swelling in Mr. O'Keefe's eyes as far as ecchymosis, sir, that was related to the brain injury? Is that your understanding?

401 1:28:28

DR. SHERIDAN: The skull injury rather than the brain.

402 1:28:31

MR. LALLY: Skull injury which leads to the bleeding of the brain which then leads to the swelling of the eyes, correct?

403 1:28:36

DR. SHERIDAN: Well, yes. But no. I mean, let's be clear about this. I mentioned the fractures earlier on that came from the back and went all the way towards the front of the skull, including what are called the orbital plates, which are the bones, the parts of the frontal bone, that are right over the eye sockets. And the bone there is very delicate. It is the thinnest part of the skull. Anyway, the photographs and the autopsy report clearly show that the fracture involved that on each side, both orbital plates, in other words. And it's that fracture -- it's not the brain, itself, but it's that fracture which leads to the bleeding that causes the black eyes, if you want to call them that way.

404 1:29:20

MR. LALLY: And, as far as what -- your review of the medical records, review of the autopsy report, photographs, things like that, you observed nothing as far as fractures to Mr. O'Keefe's eye sockets, correct?

405 1:29:31

DR. SHERIDAN: Well, the orbital plates in a sense are part of the eye sockets. But they are the upper; they are the roof.

406 1:29:38

MR. LALLY: Were there any fractures to the orbital bones?

407 1:29:42

DR. SHERIDAN: There were no fractures that appeared to be coming from the front, no.

408 1:29:46

MR. LALLY: As far as the sclera, were there any broken blood vessels or anything that you observed in either the notes or the reports or the photographs or anything else that you saw?

409 1:29:56

DR. SHERIDAN: Broken blood vessels were?

410 1:29:58

MR. LALLY: The sclera. The sclera of the eyes. Do you know what that is?

411 1:30:02

DR. SHERIDAN: Oh, the eye. Yes. I couldn't hear. I just couldn't hear what you said. No. As far as I know, the eyes were clear. The eyes, themselves, were clear.

412 1:30:12

MR. LALLY: Now, as far as the minor injuries that you were talking about as far as the eyelids or the nose as far as the minor lacerations you were talking about, there was no bruising around any of those lacerations, correct?

413 1:30:26

DR. SHERIDAN: The eyelid laceration, don't forget, is in the same area where you have the other injury and it's a little bit hard to figure out how much of that black eye could even be from, related to the laceration because you've got two possible explanations for the black eyes. One is the skull fracture I already mentioned. But that doesn't rule out his getting an impact, as well, on the front. But I can't -- there is no way to separate them.

414 1:30:58

MR. LALLY: But, as far as around those minor lacerations that you're talking about, you didn't observe or see any record of any bruising or any broken bones in those areas whatsoever?

415 1:31:07

DR. SHERIDAN: No. Well, the main one that I was relating to when I spoke about the altercation question was the laceration on the eyelid. That's not related to the head injury that we're discussing. So it's a separate injury, and it is from some kind of blow to the front.

416 1:31:27

MR. LALLY: The minor lacerations that you observed, would they be consistent with being struck by broken pieces of glass or broken pieces of -- broken, sharp pieces of plastic?

417 1:31:35

DR. SHERIDAN: If it was, indeed, a laceration as it was described, then, no, because lacerations by definition, although this is a term that's often misused, by the way, even by some doctors, but a laceration by definition is an open wound caused by blunt force, not sharp.

418 1:31:59

MR. LALLY: Blunt force as far as what I'm asking is, is it possible that the lacerations to his face were caused by a blunt object that then shattered and caused lacerations to his face?

419 1:32:14

DR. SHERIDAN: I find that hard to imagine. I find that very hard to even conceive of.

420 1:32:21

MR. LALLY: It's not conceivable? Is that what you're saying?

421 1:32:23

DR. SHERIDAN: To me, no.

422 1:32:29

MR. LALLY: And, from your review of whatever reports and medical records and everything else, what, if anything, did you see or did you see anything that had to do with an animal being present on scene or an animal being near Mr. O'Keefe's body or Mr. O'Keefe being inside the house?

423 1:32:48

DR. SHERIDAN: I don't know. But, I mean, I heard there was an animal somewhere around the place, a dog. I think you mentioned the dog earlier.

424 1:32:54

MR. LALLY: Somewhere around the place but no evidence that you've seen that that animal interacted with Mr. O'Keefe in any way?

425 1:33:00

DR. SHERIDAN: No. I wasn't there, obviously. All I can say is what I've already said. But I don't know any more than that.

426 1:33:08

MR. LALLY: Again, I know you weren't there. What I'm saying is from the material that you reviewed, was there any indication or any evidence of that animal ever being near, close to or interacting in any way with Mr. O'Keefe?

427 1:33:18

DR. SHERIDAN: Not that I'm aware of, no.

428 1:33:22

MR. LALLY: I have nothing further.

429 1:33:24

JUDGE CANNONE: Ms. Little?

430 1:33:26

MS. LITTLE: Thank you. Your Honor, if I may approach?

431 1:33:29
432 1:33:30

MS. LITTLE: Thank you.

433 1:33:32

JUDGE CANNONE: Show Mr. Lally.

434

REDIRECT EXAMINATION BY MS. LITTLE:

435 1:33:43

MS. LITTLE: Dr. Sheridan, if you could just take a look at that photograph. Do you recognize that?

436 1:33:47

DR. SHERIDAN: Yes. I saw the photograph before.

437 1:33:49

MS. LITTLE: Can you describe that photograph for the jury?

438 1:33:51

DR. SHERIDAN: It shows the decedent's knees taken from the right side, but you can see both knees.

439 1:34:00

MS. LITTLE: Your Honor, permission to mark this and then publish it?

440 1:34:04

JUDGE CANNONE: Mark it? Put it into evidence?

441 1:34:07
442 1:34:08

JUDGE CANNONE: Is there any objection, Mr. Lally?

443 1:34:12

MR. LALLY: No, Mr. Lally.

444 1:34:14
445

(Whereupon, photograph was entered and marked Exhibit No. 657 in Evidence.)

446 1:34:15

COURT REPORTER: That will be Exhibit 657.

447 1:34:19

JUDGE CANNONE: Yes. You may publish it, Ms. Little.

448 1:34:21

MS. LITTLE: Thank you, Your Honor.

449

BY MS. LITTLE:

450 1:34:23

MS. LITTLE: Dr. Sheridan, you were asked on cross- examination about injury to Mr. O'Keefe's knee. Do you recall that testimony?

451 1:34:31

DR. SHERIDAN: Yes. Uh-huh.

452 1:34:31

MS. LITTLE: Is this the injury that you were testifying about earlier?

453 1:34:35

DR. SHERIDAN: Yes. This has been mentioned before. It's an abrasion.

454 1:34:39

MS. LITTLE: And that is the extent of the injury to Mr. O'Keefe's knee, correct?

455 1:34:43

DR. SHERIDAN: Yes. That's it, yes, in that area.

456 1:34:45

MS. LITTLE: Thank you. No further questions.

457 1:34:49

JUDGE CANNONE: All right, Dr. Sheridan. You are all set, sir.

458 1:34:52

DR. SHERIDAN: Very well. Thank you, Your Honor.

459

(Whereupon, the witness is excused.)

Continue to next page Daniel Wolfe — Redirect/Recross