Commonwealth v. Read — Trial Archive
Trial 2 Trial Day
◀ Day 10 Trial 2 Day 12 ▶

Day 11 - May 7, 2025

Keefe Testimony, Hyde's Digital Analysis, and Court Rulings

Judge Beverly J. Cannone
9Proceedings
5Pages
2Witnesses
1,863Lines
8Sidebars
Day 11 of 36
Appearing:
Hank BrennanDavid YannettiRobert AlessiJessica HydeConnor Keefe

Trooper Connor Keefe described phone and evidence collection before Jessica Hyde testified about disputed Safari-search timing, call-log records, and phone handling.

Full day summary

Trooper Connor Keefe described extracting phones obtained from Jen McCabe and Kerry Roberts, collecting physical evidence at 34 Fairview Road, and attending John O'Keefe's autopsy. On cross-examination, he testified that Michael Proctor analyzed surveillance video Keefe had retrieved and wrote the related reports. Before Jessica Hyde testified, the court excluded a Maryland decision offered by the defense but permitted cross-examination about Hyde's methodology. Hyde testified that the disputed Safari search occurred at 6:24 a.m. in a tab opened at 2:27, and she discussed call-log removal, phone handling, and the interpretation of health-app motion data. Defense counsel questioned her about artifacts, Cellebrite's later removal of a timestamp from automated reporting, and Faraday isolation. The court admitted Hyde's chart as Exhibit 82 subject to redaction, marked Clip 15 as Exhibit 83, and deferred any remedy concerning a newly received ARCCA report until an expert reviewed it.

Notable Moments

Sidebar on Maryland Decision and Jessica Hyde Cross-Examination

The judge excluded the Maryland decision, preserved the defense's rights by keeping it marked for identification, and allowed cross-examination of Hyde about her methodology.

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Jessica Hyde — Direct Examination

Hyde testified that the "hos long to die in cold" search occurred at 6:24 a.m. and was the last search in a tab opened at 2:27.

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Ms. Hyde Cross-Examination: Phone Data and Timestamp Analysis

Ms. Hyde testified that Cellebrite had removed the 2:27:40 timestamp from its automated parsing and reporting, while the underlying data remained and Magnet Axiom still displayed it as a carved artifact.

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Notable Quotes
Beverly J. Cannone
“I'm excluding that decision. Your rights are saved, Mr. Alessi. We've got that decision marked for identification, and you certainly are free to cross-examine Ms. Hyde regarding her methodology.”
The court excluded the Maryland decision but expressly left methodology cross-examination available.
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 gave her central opinion on the disputed search timing.
Video thumbnail for Day 11 — Keefe, Hyde 7h 14m
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1. Connor Keefe — Direct/Cross

Trooper Connor Keefe described phone extractions and physical evidence from 34 Fairview Road before defense questioning about the investigation and autopsy.

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Procedural
Procedural - Court Opening
9 lines
Direct
Connor Keefe - Direct Examination Connor Keefe Hank Brennan
214 lines

Connor Keefe, a Massachusetts State Police trooper assigned to the Norfolk District Attorney's Office, described extracting phones obtained from Jen McCabe and Kerry Roberts and explained that he did not analyze either phone. He also described bagging evidence located by a search team at 34 Fairview Road, identified a black Nike shoe and other physical items, and explained that the time written on an evidence bag could reflect when it was sealed rather than when an item was found.

Cross
Connor Keefe — Cross-Examination Connor Keefe David Yannetti
233 lines

Defense counsel questioned Trooper Connor Keefe about Jennifer McCabe's phone consent form, which was admitted as Exhibit 81 subject to redaction. Keefe testified that Michael Proctor was the lead investigator, wrote a report after an interview with Sarah Levinson, and analyzed surveillance videos that Keefe and Sergeant Bukhenik had retrieved. The examination then turned to Keefe's attendance at John O'Keefe's autopsy; several questions drew sustained objections before Keefe testified that he observed arm injuries and spoke with Dr. Irini Scordi-Bello about facts known to investigators.

2. Procedural — Sidebar (Hyde Daubert Motion)

Before the jury entered, the judge excluded a late-filed Maryland decision but allowed defense cross-examination of Jessica Hyde's digital-forensics methodology, including her anticipated opinion about a 2:27 timestamp.

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Procedural
Sidebar on Maryland Decision and Jessica Hyde Cross-Examination Robert Alessi
73 lines

During a recess sidebar, defense counsel sought to admit a certified Maryland decision and use it to question Jessica Hyde about the reliability of her anticipated digital-forensics opinions, including the 2:27 timestamp. The Commonwealth argued that the decision concerned a different issue involving significant-location data. The judge excluded the decision because of its late presentation, kept it marked for identification, preserved the defense's rights, and allowed counsel to cross-examine Hyde about her methodology.

3. Jessica Hyde — Direct

Jessica Hyde testified that phone data placed the "hos long to die in cold" search at about 6:24 a.m., rather than 2:27.

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Direct
Jessica Hyde — Direct Examination Jessica Hyde Hank Brennan
394 lines

Digital-forensics expert Jessica Hyde described her qualifications and her analysis of a forensic image from a phone she was told was associated with Jennifer McCabe. She testified that the 2:27 timestamp tied to "hos long to die in cold" reflected the opening or backgrounding of a Safari tab, and that the search itself occurred at approximately 6:24 a.m. Hyde also opined that the Safari item was not user-deleted and that older call-log entries were removed by the device as newer calls filled the available records. The defense repeatedly challenged the foundation for her methodology; the judge allowed the testimony and admitted Hyde's chart as Exhibit 82, while later explaining to jurors that lawyers requesting sidebars were doing their jobs.

5 sidebars inside this proceeding
  1. Chart Display Before Expert Opinion Counsel disputed displaying a chart containing a digital-forensics opinion before its foundation was established, and the court limited its use until the witness offered her opinion.
  2. Foundation for Timestamp Expert Opinion Counsel argued that the witness's timestamp opinion lacked a proper expert foundation, while the Commonwealth argued that her training, experience, and explained process supported the opinion.
  3. Admission of Timestamp Opinion Evidence Counsel renewed the objection that the witness had not established support for her timestamp methodology, and the court allowed the evidence.
  4. Expert Gatekeeper Findings on Record The court clarified its expert-evidence ruling, finding the witness qualified and the Commonwealth's showing sufficient, while counsel said the defense had recently received the demonstrative material.
  5. Requested Curative Instruction on Objections Defense counsel requested a curative instruction after reviewing a courtroom comment and expression, arguing they could have suggested to jurors that his objections were improper.

4. Jessica Hyde — Cross

Robert Alessi cross-examined Jessica Hyde about phone-data timing, her methodology, and the handling of John O'Keefe's phone.

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Cross
Ms. Hyde Cross-Examination: Phone Data and Timestamp Analysis Jessica Hyde Robert Alessi
643 lines

Defense counsel Robert Alessi cross-examined Ms. Hyde about the timing and scope of phone activity reported for John O'Keefe's phone, including an artifact she had not reviewed and step data that extended into the next minute. He also compared her prior reports and testimony about the 2:27:40 timestamp associated with a Safari artifact on the phone identified to her as Jennifer McCabe's. Ms. Hyde testified that Cellebrite had removed the timestamp from automated reporting but that the underlying data remained, and she explained her methodology and the distinctions among parsing tools, testing, and source code. After reviewing incoming data on John O'Keefe's phone, she agreed it was not isolated in a Faraday enclosure and that this was not in accordance with the best practices she described. At sidebar, the judge allowed the defense to continue its impeachment approach and noted that redirect would allow explanation.

1 sidebar inside this proceeding
  1. Cross-Examination Impeachment Method The parties disputed whether cross-examination excerpts fairly presented the witness's testimony, and the court permitted the questioning while allowing explanation on redirect.

5. Jessica Hyde — Redirect/Recross

Jessica Hyde addressed disputed phone-data timestamps, motion entries, and preservation practices during redirect and recross.

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Redirect
Jessica Hyde - Redirect Jessica Hyde Hank Brennan
121 lines

Jessica Hyde testified that she was retained to analyze two January 29 search terms, was not asked to reach a particular result, and conducted her analysis independently. She said Cellebrite removed a timestamp because of ambiguity and the potential for misconstruing its meaning, while health-app step entries reflect device motion rather than necessarily actual steps. Hyde said the lack of immediate Faraday isolation did not affect her conclusions apart from additional data arriving on the phone. The court sustained objections limiting questions about vehicle movement and the phone's location, and Hyde said her report did not support movement during part of the overnight interval or identify the cause of later motion.

Recross
Jessica Hyde - Recross Jessica Hyde Robert Alessi
100 lines

Defense counsel Robert Alessi recross-examined digital-forensics expert Jessica Hyde about Cellebrite's explanation for treating a timestamp as unreliable, the differing treatment of an artifact by Axiom, and phone preservation practices. Hyde said Cellebrite's release note referred to further research without specifying it, and she agreed that Axiom displayed a 2:27:40 a.m. timestamp for the artifact. She testified that Mr. O'Keefe's phone appeared to have received signal from 6:00 a.m. to noon rather than being in a Faraday bag, while qualifying that she could not rule out a failing bag. Hyde also said records had been removed by the system from Jen McCabe's call-log database but were recoverable from biomes data.

1 sidebar inside this proceeding
  1. Scheduling Before Next Long Witness Counsel and the court discussed being ahead of schedule, the next witness's expected length, and briefly addressing scheduling after the jury was excused.
sidebar
Sidebar: Witness Scheduling and ARCCA Report Review
76 lines

The judge allowed paperwork to secure an out-of-state witness and marked Clip 15 as Exhibit 83. Counsel then discussed upcoming witnesses and the recently received ARCCA report; the judge said the expert must review the report before the court determines any needed time or remedy. The court also planned to accommodate a juvenile witness in an early Friday-morning slot and noted a 10:00 a.m. jury start on Monday.

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