Day 11 - May 7, 2025
Judge Beverly J. Cannone · Trial 2 · 7 proceedings · 1,489 lines
Digital forensics expert Jessica Hyde testifies that the 'how long to die in cold' search occurred at 6:24 a.m., not 2:27 a.m. On cross, Alessi probes limits of the BrowserState artifact and phone-preservation practices.
Full day summary
Key Moments
- Yannetti elicits that Keefe had no input into Proctor's Sarah Levinson interview report and that Proctor analyzed the C.F. McCarthy's video after Keefe obtained it.
- Judge Cannone excludes the un-noticed Maryland State v. Herrera decision under Rule 2 while preserving Alessi's right to cross-examine Hyde about methodology; Brennan argues that the Maryland ruling concerned significant-location data rather than the Safari-timestamp methodology at issue.
- Hyde testifies to a reasonable degree of scientific certainty that the 'how long to die in cold' search occurred at 6:24 a.m. and was not user-deleted — the prosecution's core digital forensics claim.
- Alessi confronts Hyde with her May 2023 report calling the reason for the 2:27 timestamp 'unknown' and prior testimony that the BrowserState artifact alone cannot establish search time; Hyde maintains her broader opinion has not changed.
- Hyde concedes that O'Keefe's phone was not placed in airplane mode or a Faraday bag from 6:04 a.m. through at least noon on January 29, 2022, in violation of the best practices she herself described.
Notable Quotes
Jessica Hyde
“What I can state to a scientific degree of certainty is that that search occurred at 6:24 a.m. and was the last search in the tab that had been opened at 2:27.”
Hyde's definitive 6:24 a.m. opinion is the prosecution's central digital forensics claim and the direct target of everything the defense builds toward on cross.
Robert Alessi
“We cannot tell by this particular artifact what time that search occurred.”
The prior testimony, read by Alessi and confirmed by Hyde, concerns the BrowserState artifact alone; it frames a limitation the defense used on cross while Hyde maintained her broader multi-artifact opinion.
Jessica Hyde
“Correct. It is not in accordance with best practices. I agree.”
Hyde's concession establishes a preservation-practice deviation and a theoretical risk that data on an active, unisolated phone could be overwritten; she maintained that the lack of Faraday isolation had no impact on her conclusions.
7h 14m