Day 1 - April 22, 2025

Alan Jackson focused on two areas undermining Tim Nuttall's reliability. First, Jackson established that Nuttall met with prosecutor Brennan three times before testifying, and that all three meetings addressed Nuttall's shift from testifying he heard 'I hit him' twice (Trial 1) to three times (Trial 2) — with Brennan repeatedly confirming Nuttall would stick with the new version. Nuttall acknowledged the inconsistency but maintained three times was his true recollection. Second, Jackson revisited Nuttall's prior testimony that O'Keefe wore a 'puffy heavy coat,' which was completely wrong — O'Keefe was actually in a short-sleeve t-shirt and thin hoodie with no hat and a missing shoe. Jackson then questioned Nuttall about O'Keefe's injuries, establishing the hematoma, laceration, and parallel scratches on the right arm, before the proceeding broke for lunch during a sidebar over an objection to Jackson's question about whether the injuries were consistent with a physical altercation.

Alan Jackson resumed cross-examination after lunch by establishing that firefighter-paramedic Katie McLaughlin was also on the call but was not mentioned during direct examination. Jackson then returned to Nuttall's account of hearing Karen Read say 'I hit him,' confronting him with Trooper Proctor's February 8, 2022 report, which recorded a different version — that Read made the statement to another female, not in response to Nuttall's question, and that Read was 'praying over' O'Keefe at the time. Nuttall denied ever saying 'praying' but acknowledged his memory of the Proctor conversation was faulty. Jackson then played dash cam video to demonstrate that during the entire window when Flatley was kneeling and performing CPR — the moment Nuttall placed the statement — Karen Read was either off-frame or standing far from the firefighters, not near Nuttall as his account required. Jackson also secured Nuttall's agreement that the hematoma and laceration over O'Keefe's right eye were consistent with being punched in the face.

On redirect, ADA Brennan played the timestamped version of the dash cam video (Exhibit 611) to walk Nuttall through the sequence the defense had omitted: Nuttall arriving at 6:10, approaching O'Keefe at 6:11:21, Flatley following, and the defendant running toward the group — the moment Nuttall says she told him 'I hit him.' Brennan then clarified that Nuttall's memory difficulties concerned his interview with Trooper Proctor, not the events of that morning. Brennan highlighted that all visible injuries — hematoma, arm abrasions, blood clotting — were on O'Keefe's right side with none on the left, and that Nuttall's inaccurate clothing description reflected his focus on airway management rather than poor observation. Brennan also addressed the three pre-trial meetings, eliciting that Brennan only told Nuttall to tell the truth and never coached his testimony. Nuttall reaffirmed hearing 'I hit him' three times directed at him and several additional times in the background directed at others.

On recross, Alan Jackson attacked two areas of Tim Nuttall's testimony. First, Jackson highlighted that Nuttall's claim of hearing 'I hit him' in the background multiple times only emerged during redirect — never mentioned on direct examination — and got Nuttall to concede that what he actually heard was 'generalized commotion,' not specific words from Karen Read. Second, Jackson methodically walked through the dash cam video timeline, establishing that Nuttall's vivid description of when Read approached him — while Flatley was giving CPR — was contradicted by the video showing Read never came near Nuttall after Flatley began chest compressions. Nuttall attempted to reconcile by saying the statement occurred before the segment Jackson showed, but Jackson demonstrated this conflicted with Nuttall's own prior description. Jackson also established that O'Keefe had a black eye on the left side of his face, contradicting redirect testimony that injuries were limited to the right side.

In a six-utterance redirect, ADA Brennan addressed Jackson's recross suggestion that Nuttall's claim of hearing 'I hit him' in the background was a new addition to his testimony. Brennan asked whether Nuttall had previously testified under oath and in court that he heard the defendant say 'I hit him' separately from when she approached him. Nuttall confirmed he had. The exchange was brief and direct, aimed at neutralizing the defense's implication that the background statements were fabricated during redirect.

In a brief second recross, Alan Jackson asked Tim Nuttall whether he told Trooper Proctor during his February 8, 2022 interview — just ten days after the incident — that he heard 'I hit him' repeated in the background. Nuttall said he did not recall. Jackson then asked whether Nuttall made that claim during his grand jury testimony. Nuttall again said he did not recall. Jackson closed by noting that Nuttall's memory is supposedly better now than it was closer to the events.