Day 31 - June 25, 2024

Alan Jackson presents the defense's closing argument over approximately one hour. He argues that John O'Keefe entered 34 Fairview Road, was injured in a physical altercation inside the house, and was attacked by the Alberts' dog Chloe — then placed outside, where his body was later found. Jackson methodically catalogs what he characterizes as investigative failures and evidence manipulation by lead investigator Michael Proctor, including falsified tow times, inverted sallyport video, multiplying taillight pieces, and the concealment of plow driver Brian Loughran as a witness. He highlights Jennifer McCabe's 2:27 a.m. Google search, the 2:22 a.m. Albert-Higgins phone call, and Apple Health data that he argues show John took steps and climbed stairs after arriving at the house. Jackson contrasts the defense experts (Wolfe, Rentschler, Sheridan, Russell) with the Commonwealth's Trooper Paul, and concludes that no physical evidence supports the theory that Karen Read's SUV struck John O'Keefe.

ADA Adam Lally presents the Commonwealth's closing argument, methodically building a timeline from the afternoon arguments on January 28th through the discovery of John O'Keefe's body on January 29th. He emphasizes the defendant's repeated statements to first responders — 'I hit him' — heard by four witnesses, then walks through her nine drinks across two bars, the vehicle's GPS and reverse-speed data (24.2 mph for 62.5 feet), the evolving versions of events she told different people, and the physical evidence including DNA on the taillight, patterned abrasions on O'Keefe's arm, and hair frozen to the vehicle. Lally addresses Trooper Proctor's text messages head-on, arguing they show no evidence of conspiracy or evidence planting. He dismisses the defense theory as 'obfuscation' and closes with a John Adams quote about facts being stubborn things. Judge Cannone cuts him off for exceeding his allotted time.

Judge Cannone instructs the jury over approximately one hour on the law applicable to the case. The general instructions cover presumption of innocence, burden of proof, reasonable doubt, evaluation of evidence (direct and circumstantial), witness credibility, the defendant's right not to testify, and the significance of any omissions in the police investigation. The charge-specific instructions address three offenses: second degree murder (requiring proof of intent to kill, intent to cause grievous bodily harm, or intent to do an act creating a plain and strong likelihood of death); manslaughter while operating under the influence (with its lesser included offenses of involuntary manslaughter and motor vehicle homicide); and leaving the scene of an accident resulting in death. The judge also instructs on the dangerous weapon inference as applied to a motor vehicle, selects juror 400 as foreperson, and explains the process for reducing the panel from 14 to 12 deliberating jurors.

The court clerk removes jurors 79 and 14 to alternate status, reducing the panel to twelve deliberating jurors. Judge Cannone directs the clerk to swear in the court officers who will supervise the jury during deliberations. After administering the oath, Judge Cannone delivers a final charge reminding jurors to decide the case with integrity, without bias or sympathy, based solely on the evidence presented at trial. The jury retires to deliberate at approximately 4:35 PM. After nearly three hours, the jury sends word they wish to adjourn for the day, and Judge Cannone excuses them with the standard cautions against discussing the case or conducting independent research.