Trial 2 Trial Day
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Day 16 - May 15, 2025

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

Day 16 of 36
Appearing:

Hartnett's evidence-handling testimony and a correction request of unknown disposition close out her appearance, then Scordi-Bello faces cross-examination on documented methodology, hypothermia findings, and specific injury observations.

Full day summary

Day 16 opens with Alessi completing cross-examination of MSP forensic scientist Maureen Hartnett. She testified that O'Keefe's hoodie and t-shirt were packaged together before lab analysis and that she combined their debris because she could not attribute it to either garment. Her chain-of-custody knowledge began at laboratory delivery, and she did not know the debris's source. After Hartnett asked to correct something from the prior day's record, counsel conferred off transcript and Judge Cannone excused her; the transcript does not establish its substance or disposition. Dr. Irini Scordi-Bello then testified that the primary cause of O'Keefe's death was blunt impact injuries of head, with hypothermia contributing, and classified the manner as undetermined. On cross, Alessi questioned her documentation and hypothermia findings; she said she considered other explanations internally without physical notes and retained her opinion. She saw no lower-extremity impact site and said the right-eyelid laceration involved contact with a blunt object or surface, not falling backward and hitting one's head. On redirect, Scordi-Bello completed her grand-jury answer: in the context of a body found in snow, she believed the gastric and pancreatic hemorrhages were due to hypothermia; she also said no one later supplied new information and asked her to reconsider. On recross, she identified omeprazole on a medication list and agreed alcohol-related ulceration was possible, without testimony establishing why it was prescribed or comparing that possibility's likelihood with hypothermia. The day closes with argument on defense motions to exclude an amended Aperture report that moved an infotainment trigger from the 12:31:38-to-12:31:43 range to 12:32:16.

  • Hartnett testifies that the clothing was packaged together before lab analysis and that she combined debris because she could not attribute it to a particular garment; she did not know the debris's source.
  • Hartnett requests to correct something from the prior day's record; after a counsel conference off transcript, Judge Cannone excuses her because questions from both sides are complete, and the available transcript does not establish the correction or its disposition.
  • Scordi-Bello testifies that the manner of death was undetermined and that she generally could not identify how individual injuries occurred; she attributes death to blunt impact injuries of head with hypothermia as a contributing cause.
  • Scordi-Bello testifies that the right-eyelid laceration did not result from falling backward and hitting one's head, but involved contact with a blunt object or surface; she also says she saw no impact site in her lower-extremity examination.
  • On recross, Scordi-Bello identifies omeprazole on a medication list and agrees alcohol-related ulceration is possible; the exchange does not establish why it was prescribed or compare that possibility's likelihood with hypothermia.
Maureen Hartnett
“I wanted to correct something from the record yesterday. I wasn't sure when it was appropriate to do that.”
Hartnett's request to correct something from the prior day's record was followed by an off-record counsel conference and her excusal because questioning was complete; the available transcript does not establish the proposed correction or its disposition.
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 testified that the eyelid laceration did not result from falling backward and hitting one's head, and described contact with a blunt object or surface without selecting a specific cause or overall mechanism.
Irini Scordi-Bello
“It's possible. Correct.”
Scordi-Bello agreed that alcohol-related ulceration was possible after identifying omeprazole on a medication list; the testimony did not establish the prescription's indication or compare the possible cause with hypothermia.
Video thumbnail for Day 16 — Hartnett (cross cont), Scordi-Bello 7h 27m
Watch this day Day 16 — Hartnett (cross cont), Scordi-Bello Watch with synced transcript →

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 lines

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 did not know where the clothing had been before reaching the lab. Alessi concludes by distinguishing evidence Hartnett personally submitted from evidence delivered by the Norfolk Detective Unit; Hartnett says her chain-of-custody record begins when items were delivered to the lab and that she does not know their earlier storage or handling.

Redirect
Maureen Hartnett Hank Brennan
120 lines

ADA Hank Brennan conducts redirect examination of forensic scientist Maureen Hartnett, addressing points raised during Robert Alessi's cross-examination. When asked about dents, scratches, or hair elsewhere than the right-side quarter of the Lexus, Hartnett testified that she did not note any and that she did not examine the vehicle interior. Brennan showed footage depicting snow and ice packed on the right rear at its shown January 29 timestamp; Hartnett recalled no snow on the vehicle when she saw it. Asked about January 28 Ring videos, Hartnett said she did not know of them. Brennan also asked about loose threads on O'Keefe's sweatshirt tear; Hartnett said she did not know whether they could be pulled because she had not attempted to pull them. Brennan posed hypotheticals involving a rag, blood, and cloth placement on the tail light, and objections to those questions were sustained. In response to a later admitted question about determining when an observed item was placed from a subsequent examination, Hartnett said there were too many variables to say either way.

Recross
Maureen Hartnett Robert Alessi
20 lines

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 says she wanted to correct something from the prior day's record. Counsel then confer off transcript, and Judge Cannone excuses Hartnett because questions from both sides are completed. The available transcript does not establish the proposed correction or its disposition.

Irini Scordi-Bello — Direct

Direct: Dr. Scordi-Bello reviews O'Keefe's autopsy, limits injury-mechanism opinions, and states head blunt-impact injuries were primary, hypothermia contributed, and manner was undetermined.

Direct
Irini Scordi-Bello Hank Brennan
343 lines

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 lines

Robert Alessi cross-examines Dr. Scordi-Bello on her autopsy methodology, the investigative information she used, her stated practice of considering possible explanations internally, and the absence of physical notes documenting those considerations. He also questions her about the occipital wound and grass; she testified that she saw no grass, made no determination from that observation, and had limited surface information.

Cross
Irini Scordi-Bello Robert Alessi
364 lines

Robert Alessi resumes cross-examination of forensic pathologist Dr. Irini Scordi-Bello. He questions her hypothermia diagnosis, including whether CPR could explain pancreatic hemorrhaging and counsel's assumed calculation of 3,700 Lucas-machine compressions. Scordi-Bello says CPR could explain pancreatic hemorrhaging, but testifies that the gastric and pancreatic findings, snow exposure, and body temperature remained consistent with hypothermia, and she does not amend that opinion. Alessi also examines gastric hemorrhage coverage and frostbite during cross-examination. Turning to injuries, Scordi-Bello says the right-eyelid laceration did not result from falling backward and hitting one's head, but that the area contacted a blunt object or surface; she also says she found no impact site when examining the lower extremities.

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 lines

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 lines

Robert Alessi conducts a focused recross on two points. First, he directs Scordi-Bello to a medication list that includes omeprazole. She identifies omeprazole as a proton pump inhibitor and testifies that alcohol consumption can lead to gastric ulcers. When asked whether the gastric ulcers observed in O'Keefe's stomach could have resulted from alcohol-related ulceration rather than hypothermia, she agrees that this is possible. 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

Alessi seeks exclusion of Burgess's amended clock-drift report as a Rule 14 ambush; Brennan calls it a clarification and seeks possible Aperture rebuttal after ARCCA. The judge takes exclusion under advisement.

Procedural
Procedural - Motions
78 lines

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.

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