Trial 2 Trial Day
◀ Day 15 Trial 2 Day 17 ▶

Day 16 - May 15, 2025

Judge Beverly J. Cannone · Trial 2 · 9 proceedings · 1,732 utterances

Day 16 of 36
Appearing:

Forensic scientist Hartnett's clothing evidence concessions close out her testimony, then medical examiner Scordi-Bello faces a methodical cross-examination challenging both her hypothermia finding and the absence of lower-extremity vehicle-strike injuries.

Full day summary

Day 16 opens with Robert Alessi completing his cross-examination of MSP forensic scientist Maureen Hartnett, establishing that John O'Keefe's gray hoodie and orange t-shirt were co-mingled before lab analysis, debris was combined without documentation, and Hartnett lacks chain of custody knowledge for evidence submitted by the Norfolk Detective Unit. In a notable procedural moment, Judge Cannone declines to allow Hartnett to correct prior testimony after both sides finish, leaving the record as is. The day's main witness is Dr. Irini Scordi-Bello, the forensic pathologist who performed O'Keefe's autopsy: her direct examination establishes blunt head trauma and hypothermia as cause of death with manner undetermined, while Alessi's extended cross systematically challenges both pillars — eliciting that the hypothermia markers are equivocal, no lower-extremity vehicle-strike injuries were found, facial wounds are inconsistent with a backward fall, and the autopsy methodology did not include differential diagnosis or independent scene investigation. On recross, Alessi introduces O'Keefe's omeprazole prescription as an alternative explanation for the gastric findings attributed to hypothermia. The day closes with oral argument on defense motions to exclude Aperture's amended report, which shifted a key infotainment event timestamp by 33 seconds.

  • Hartnett concedes that O'Keefe's clothing was co-mingled before lab analysis, making it impossible to attribute debris to a specific garment or rule out ambulance or hospital contamination.
  • Judge Cannone declines to let Hartnett correct her prior testimony after examination concludes, leaving the jury aware she wanted to fix something but not what.
  • Scordi-Bello testifies that manner of death was undetermined and that she could not opine on the cause of most individual injuries — a prosecution witness whose findings support ambiguity.
  • Alessi elicits that the right eyelid laceration could not have been caused by falling backward and hitting one's head, and that no lower-extremity injuries consistent with a vehicle strike were found.
  • On recross, Scordi-Bello concedes the gastric ulcers attributed to hypothermia could instead stem from chronic alcohol use, given O'Keefe's omeprazole prescription.
Maureen Hartnett
“I wanted to correct something from the record yesterday. I wasn't sure when it was appropriate to do that.”
Hartnett's blocked correction attempt is the day's most unusual procedural moment — the jury learned she wanted to amend the record but never heard what she would have changed.
Irini Scordi-Bello
“Not from falling backwards and hitting one's head, but that area at some point came in contact with a blunt object or surface.”
Scordi-Bello's agreement that the eyelid laceration required a separate blunt impact event — inconsistent with a backward fall — is the day's most consequential medical concession, directly contradicting the prosecution's vehicle-strike-only theory.
Irini Scordi-Bello
“It's possible. Correct.”
Scordi-Bello's concession that the gastric ulcers could stem from alcohol use rather than hypothermia undercuts the remaining pillar of her hypothermia diagnosis in the final minutes of her testimony.

Maureen Hartnett - Cross/Redirect/Recross

Forensic scientist Maureen Hartnett concludes her testimony through cross-examination on evidence handling and chain of custody, redirect on physical evidence and weather documentation, and recross on sweatshirt damage.

Cross
Maureen Hartnett Robert Alessi
145 utt.

Robert Alessi resumes cross-examination of forensic scientist Maureen Hartnett on two main fronts. First, he establishes that no sand, salt, or debris was found inside the broken tail light, and that no biological testing was performed on tail light fragments recovered from 34 Fairview Road. Second, he focuses extensively on the handling of John O'Keefe's gray hoodie and orange t-shirt — establishing that the items were packaged together in the same bag, that debris scraped from both garments was combined into a single collection without separation, photographing, or characterization, and that Hartnett had no knowledge of where the clothing had been (ambulance floor, hospital) before reaching the lab. Alessi concludes by methodically separating which evidence items Hartnett personally submitted to the lab versus those submitted by the Norfolk Detective Unit, establishing that Hartnett has no chain of custody knowledge for items she did not personally submit.

Redirect
Maureen Hartnett Hank Brennan
120 utt.

ADA Hank Brennan conducts redirect examination of forensic scientist Maureen Hartnett, addressing points raised during Robert Alessi's cross-examination. Brennan establishes that Hartnett examined the entire vehicle but found hair, scratches, and dents only on the right rear quarter — not on the back, left side, or elsewhere. He shows video stills of the Lexus with snow and ice packed on the right rear on January 29, 2022, which was absent when Hartnett examined the vehicle days later, and references Ring camera videos from January 28. Brennan asks about the loose threads on O'Keefe's sweatshirt tear and the red solo cups containing red-brown liquid. He then pursues a line of questioning suggesting evidence could have been placed on the tail light after the fact — asking whether Hartnett could determine when items were placed on a surface — though several of these questions are sustained on objection. Hartnett testifies there are too many variables to determine timing of evidence placement.

Recross
Maureen Hartnett Robert Alessi
20 utt.

Robert Alessi asks to republish Exhibit 147C, a photograph of the right sleeve of John O'Keefe's gray hoodie. He establishes that while Hartnett documented the tears on the sleeve, she performed no analysis of what could have caused the hole in the sweatshirt. After Alessi concludes, Hartnett tells the judge she wanted to correct something from the prior day's record — identifying it as a response to an Alessi question — but Judge Cannone declines to allow the correction and excuses the witness, stating that questions from both sides are completed.

Irini Scordi-Bello - Direct

Prosecution calls Dr. Irini Scordi-Bello to testify about her autopsy findings on John O'Keefe, establishing cause of death as blunt impact injuries of head and hypothermia with manner undetermined.

Direct
Irini Scordi-Bello Hank Brennan
343 utt.

ADA Hank Brennan calls Dr. Irini Scordi-Bello, a forensic pathologist with the Massachusetts Office of the Chief Medical Examiner, to testify about her autopsy of John O'Keefe performed January 31, 2022. After establishing her credentials and the independence of the medical examiner's office from law enforcement and the district attorney, Brennan walks through O'Keefe's injuries methodically: a right eyelid laceration, nasal abrasions, bilateral periorbital hemorrhage and swelling, superficial abrasions on the right arm and forearm, hand contusions (one likely from IV access), a small right knee abrasion, anterior rib fractures attributed to CPR, and crucially a 2.5 cm laceration with associated abrasion on the right occipital skull overlying multiple radiating skull base fractures. Scordi-Bello testifies she could not opine on the cause of most individual injuries. Toxicology showed no illicit drugs and blood alcohol of 0.21 (vitreous 0.28). She concludes the cause of death was blunt impact injuries of head and hypothermia, with head trauma as the primary cause, and manner of death could not be determined. The death certificate was amended accordingly.

Irini Scordi-Bello - Cross

Defense attorney Robert Alessi cross-examines medical examiner Dr. Irini Scordi-Bello, challenging her hypothermia diagnosis and investigation methodology.

Cross
Irini Scordi-Bello Robert Alessi
393 utt.

Robert Alessi methodically establishes that Dr. Scordi-Bello's forensic investigation relied on law enforcement's working theory of a vehicle-pedestrian collision provided by former Trooper Proctor, while scene investigation falls outside the medical examiner's jurisdiction in Massachusetts. He elicits that she did not perform a differential diagnosis on alternative causes for hypothermia or the head injury, did not document any alternative considerations in her autopsy report or any other case documents, and had no information about the ground surface conditions (grass, rocks) at the scene. Alessi highlights that the wound pattern — a linear laceration with abrasion — was not analyzed against specific impact scenarios, and that no grass was found in the wound despite law enforcement's theory that O'Keefe fell on a lawn. He also establishes Dr. Stonebridge's superior neuropathology credentials before the court sustains objections on that line of questioning.

Cross
Irini Scordi-Bello Robert Alessi
364 utt.

Robert Alessi resumes cross-examination of forensic pathologist Dr. Irini Scordi-Bello, focusing on two main areas. First, he challenges her hypothermia diagnosis by establishing that pancreatic hemorrhaging can be caused by blunt force trauma or CPR, that a Lucas machine administered approximately 3,700 compressions to O'Keefe yet is not mentioned in the autopsy report, that the gastric hemorrhages she equates with Wischnewski ulcers covered only 10-15% of the stomach lining versus the majority coverage she typically sees in hypothermia deaths, and that O'Keefe showed no signs of frostbite despite blizzard conditions with windchill. Second, Alessi establishes through autopsy photographs that the right eyelid laceration and nasal abrasion could not have been caused by falling backward and hitting one's head, that the eyelid laceration is consistent with a punch, that the patterned arm wounds had no determined cause, and that O'Keefe's lower extremities showed no evidence of motor vehicle impact. Scordi-Bello declines to amend her hypothermia opinion but concedes each individual point.

Irini Scordi-Bello - Redirect/Recross

Dr. Irini Scordi-Bello's testimony continues through redirect rehabilitation of her hypothermia findings and defense recross challenging the cause of observed gastric ulcers.

Redirect
Irini Scordi-Bello Hank Brennan
232 utt.

ADA Hank Brennan conducts redirect examination of Dr. Irini Scordi-Bello addressing two main areas raised during cross-examination. First, he rehabilitates her hypothermia opinion by having her complete a grand jury statement that defense counsel had read only partially — the full answer affirmed that gastric and pancreatic hemorrhages, viewed in context of a body found in snow, were due to hypothermia. Second, Brennan systematically establishes the investigative information Scordi-Bello had (and did not have) before filing the death certificate on April 14th: she was aware of statements from first responders that Karen Read said 'I hit him,' knew about the broken tail light and the argument, but was not aware of phone forensics, location data, health data, battery temperature data, voicemails, text messages, or media statements. Brennan also elicits that no one ever asked her to reconsider her findings after additional evidence emerged, and that the police reports in her file were minimal (11 lines and 5 lines respectively). He briefly addresses the nasal laceration, establishing it could be consistent with broken glass or plastic shards, not only a punch as suggested on cross.

Recross
Irini Scordi-Bello Robert Alessi
37 utt.

Robert Alessi conducts a focused recross on two points. First, he introduces O'Keefe's medical records showing he was prescribed omeprazole, a proton pump inhibitor used to prevent gastric ulcers from alcohol consumption. Scordi-Bello concedes that the gastric ulcers observed in O'Keefe's stomach could have come from alcohol-related ulceration rather than hypothermia. Second, Alessi establishes that even though Scordi-Bello had information about Karen Read's statements ('Did I hit him? Could I hit him?') before issuing her final findings in April 2022, she still could not determine the manner of death. The proceeding concludes with the judge dismissing the jury for the day.

Procedural - Motions

Defense argues Aperture's amended clock-drift report is a Rule 14 discovery violation; prosecution counters it responds to defense expert DiSogra's report and changes no underlying data.

Procedural
Procedural - Motions
78 utt.

Attorney Alessi raises two motions regarding prosecution experts from Aperture (Shanon Burgess and Dr. Judson Welcher). First, he argues that Burgess's May 8th amended report — shifting infotainment trigger 11622 from 12:31:38–43 to 12:32:16 — constitutes a Rule 14 discovery violation and an ambush, since the underlying clock-drift data has been available for months. He requests exclusion of the amended report. Attorney Brennan responds that the amendment was provoked by defense expert DiSogra's report and merely clarifies an existing time variance without changing any underlying data. Second, Brennan argues the Commonwealth should be allowed to recall its Aperture expert in rebuttal to address new ARCCA testing and demonstrations disclosed late by the defense. Alessi opposes rebuttal testimony as inverting the order of proof and effectively giving the prosecution a double rebuttal. Judge Cannone takes the exclusion request under advisement, asks defense to report back on continuance needs, and inquires about the defense case timeline.

◀ Day 15 Trial 2 Day 17 ▶