Irini Scordi-Bello - Redirect/Recross
269 linesMR. BRENNAN: Doctor, how many autopsies have you performed in your professional career?
DR. SCORDI-BELLO: At this point, more than 1,200.
MR. BRENNAN: When the person is brought to you, are they usually clothed?
DR. SCORDI-BELLO: It depends on the circumstances. If the person comes directly from their residence, they may or may not be clothed. If the person comes from a hospital where they went first for treatment, many times the person is unclothed. They may be wearing a hospital gown. But in most cases that clothing has already been removed.
MR. BRENNAN: If that clothing has already been processed, is it common that it would be brought to you for inspection?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained as to
MR. BRENNAN: Is clothing that is not accompanying the person's body commonly brought to you for observation?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: So let's move on or ask it differently.
MR. BRENNAN: You were asked questions about your opinions relative to spots in the organs of Mr. O'Keefe and you were asked about part of your statement in the grand jury. When you provide statements, is it important to have the statement in context to understand it?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Is it important to have a complete statement rather than just part of a statement?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: And when you were asked the question that counsel asked you — do you remember that grand jury testimony you gave?
DR. SCORDI-BELLO: I remember it was a long time ago. Okay. But I do remember most of it.
MR. BRENNAN: Do you remember when he read part of your answer?
DR. SCORDI-BELLO: It was in response to a grand juror's question. Yes.
MR. BRENNAN: And he read part to you, right?
DR. SCORDI-BELLO: I understand your question. And my answer is that I don't know. But given the environment — so if the injuries had been sustained in a different environment where the temperature wasn't that low, then there might have been an alternative explanation for those gastric and pancreatic hemorrhages.
MR. BRENNAN: Do you remember that?
MR. ALESSI: Objection.
MR. BRENNAN: Your honor, the doctor can answer that question. Do you remember Mr. Alessi read you that part of your statement?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Do you remember that you had more to that statement that was left off when he confronted you with it?
DR. SCORDI-BELLO: I'm sure there's more to this.
MR. BRENNAN: To complete your statement, you said: "But in the whole context, I believe that those are signs of hypothermia and not caused..." Do you remember that completion to your statement?
JUDGE CANNONE: Sustained.
MR. BRENNAN: You can show her the — okay. I can approach and I ask you to take a look at part of your grand jury testimony. Remember Mr. Alessi reading part of your answer back?
MR. ALESSI: Objection. Your honor.
JUDGE CANNONE: So I'll strike that. Have the witness look at it and go.
MR. BRENNAN: You ask about your entire answer or just part of it.
MR. ALESSI: Objection. Your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: You read the rest of the answer that you weren't given, when it's right for you.
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: So, this is phrased as refreshing recollection. So, follow it appropriately.
MR. BRENNAN: Do you now remember there was more to your answer?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Could you share with us the rest of your answer?
JUDGE CANNONE: Without reading — without reading it, turn it over. Turn the paper over, please. I can — ask the appropriate questions.
MR. BRENNAN: Do you remember the part that was left out?
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Does it refresh your memory to the rest of your statement to the grand jury?
DR. SCORDI-BELLO: I'm sorry. What was your question?
MR. BRENNAN: After looking at this, does it refresh your memory to the rest of your statement you made to the grand jury?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: And could you share the rest of your statement with the jury, please?
DR. SCORDI-BELLO: The rest of the statement was that I have to take those findings in the context which was presented to me. So in the case of this particular case, those hemorrhages in the context of a body found in the snow, I believe they were due to hypothermia.
MR. BRENNAN: Is your answer more complete in context?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: You were shown a photograph of two individuals that were in the room at the time of autopsy. Do you remember that photograph?
DR. SCORDI-BELLO: Yes, I do.
MR. BRENNAN: And you were asked about certain names. Correct. You said that there would be a log identifying names.
DR. SCORDI-BELLO: It would be a log. Yes, a log.
MR. BRENNAN: Do you remember exactly who logged in to that autopsy?
DR. SCORDI-BELLO: No, I don't remember their names.
MR. BRENNAN: May I approach? Show Mr. Woll, your honor, if we need a sidebar to explain.
JUDGE CANNONE: We just need a moment to take a look. I can move on and we'll come back to it.
MR. BRENNAN: Your honor. Thank you, Mr. — You mentioned that Mr. O'Keefe's body temperature was a little under 81 degrees when he was brought to the hospital.
DR. SCORDI-BELLO: Yes, that's what the hospital records stated.
MR. BRENNAN: And again, a normal body temperature is 98 degrees. So is it fair to say there was over an 18-degree drop in his body temperature?
DR. SCORDI-BELLO: Correct.
MR. BRENNAN: You shared with us that you generally understood it was a blizzard and cold outside. Do you have any experience on how rapidly a body temperature will drop outside?
DR. SCORDI-BELLO: The body temperature—
JUDGE CANNONE: It's within the scope. Let's see if she's got the basis.
DR. SCORDI-BELLO: The rate that the body loses heat depends on a number of factors. Depends on conditions, weather conditions. It depends on the original temperature of the body, and the higher the gradient between the body temperature and the environmental temperature, the faster the drop will occur. You asked if there are any signs of frostbite. There was no type of freezer burns or anything on Mr. O'Keefe's body.
MR. BRENNAN: Was there—
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Was there any type of burns on his body that would suggest that he was put in some type of machine or environment where there was cooling, mechanical cooling?
JUDGE CANNONE: Sustained. Sustained. Move on.
MR. BRENNAN: Mr. Woll, you were shown a photograph, a chart that had spots on them. Do you know where that photograph came from?
DR. SCORDI-BELLO: I do not.
MR. BRENNAN: Do you know who that was from? What person that was from?
DR. SCORDI-BELLO: No, I do not know the context of that picture.
MR. BRENNAN: Do you have any information on the circumstances which led to that condition?
DR. SCORDI-BELLO: I do not.
MR. BRENNAN: Do you have any information about what caused the condition that you saw on that chart?
DR. SCORDI-BELLO: I have seen similar pictures in textbooks depicting gastric hemorrhages, or Wischnewski spots.
MR. BRENNAN: You were asked about your role as a medical examiner and there were a number of questions about your assessment from a legal perspective.
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: You mentioned that you had information from a police report. How many police reports were you given?
DR. SCORDI-BELLO: There was a preliminary police report, I believe, the day of the autopsy, and communications with law enforcement in the days and weeks following.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Showing you a document. Do you recognize that document?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: What is it?
DR. SCORDI-BELLO: This is a police report on this particular case.
MR. BRENNAN: Is that a police report from your file?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: And that police report — is that a police report that you considered, among other information?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: How many lines is that police report?
MR. BRENNAN: What's the date and time of that police report?
DR. SCORDI-BELLO: This was initiated on January 29th. It says at 1941.
MR. BRENNAN: I have this marked for identification.
JUDGE CANNONE: All right. Okay.
MR. BRENNAN: And I'm showing you another document. Let us mark it QQ for identification. May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Second document. Is that another document in your file?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: And is that another report you considered?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: How many lines is that report?
DR. SCORDI-BELLO: Five.
MR. BRENNAN: I'd move to have this marked for identification, please.
JUDGE CANNONE: Okay. Thank you. This will be RR for identification. May I approach you again? Yes.
MR. BRENNAN: I'm going to go back to the questions I asked you about logging in and refreshing your memory. I'm going to show you a document. I'm not going to ask you to read it aloud. I'm just going to ask you to look at it. Does it refresh your memory on the people who attended the autopsy?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: And who were they?
DR. SCORDI-BELLO: I believe one person was Mr. Keefe and the other one was Mr. Corner.
MR. BRENNAN: Are you part of the criminal investigation team?
DR. SCORDI-BELLO: No, I am not.
MR. BRENNAN: Did you go to the scene and evaluate any evidence?
DR. SCORDI-BELLO: No, I did not.
MR. BRENNAN: Did you do any of your own detective work or investigation in this case?
DR. SCORDI-BELLO: No, I did not.
MR. BRENNAN: So when you were asked questions about your role as the medical examiner in your medical evaluation of Mr. O'Keefe's body, you were also asked whether you considered any part of the legal aspect. Do you remember those questions?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Let me ask you. You submitted the death certificate on April 14th, correct? I want to talk about some of the things that you may or may not have known about or considered at the time you wrote your death certificate or filed your death certificate. Were you informed or were you aware that before you filed your death certificate, there was information in the investigation that police spoke to a first responder by the name of Timothy Nuttall who reported that the defendant said, "I hit him. I hit him. I hit him."
JUDGE CANNONE: I'm going to allow it.
MR. BRENNAN: Were you aware of that?
DR. SCORDI-BELLO: I became aware of it at some point during your 90-day window, I believe.
MR. BRENNAN: So were you aware that there was another first responder by the name of McLaughlin who provided information that the defendant said, "I hit him. I hit him. I hit him. I hit him."
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Were you aware of statements made by the defendant to Miss McCabe — that she said, "May I— if I hit him, did I hit him?"
MR. ALESSI: Approach, please, briefly.
JUDGE CANNONE: Okay. Thank you. So, jurors, I want to let you know that, like other evidence that was let in previously, this is not coming in for the truth of what's in the statements. It's coming in so that, as it goes to Dr. Scordi-Bello's knowledge and state of mind at the time of her report. Thank you.
MR. BRENNAN: At the time of your death certificate that you filed, were you informed that a Jennifer McCabe had reported that the defendant said, "Did I hit him, or could I have hit him multiple times?"
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'm going to allow it.
DR. SCORDI-BELLO: I don't believe I knew about Miss McCabe.
MR. BRENNAN: Did you learn that Miss McCabe reported later that the defendant, while speaking to first responders, reported that she had hit him? Did you know that?
DR. SCORDI-BELLO: Yeah, I was aware of that information later on.
MR. BRENNAN: Were you aware of the investigation regarding alcohol consumption?
PARENTHETICAL: [unclear]
MR. BRENNAN: with firefighter Daniel Whitley on February 7th, 2022?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Were you aware that the police or Massachusetts State Police spoke to other witnesses about their observations that night?
DR. SCORDI-BELLO: About their observations? Yes.
MR. BRENNAN: Were you aware of an interview by Trooper
DR. SCORDI-BELLO: I don't remember.
MR. BRENNAN: Were you aware that Mr. Whitley told the police that the defendant had expressed that she had gotten into an argument with the victim that night?
DR. SCORDI-BELLO: That was part of the information I was given. Yes.
MR. BRENNAN: Were you aware of a report from first responder Anthony Flatley about statements made by the defendant to him?
DR. SCORDI-BELLO: I don't recall that particular first responder. No.
MR. BRENNAN: Were you aware of statements provided by Kerry Roberts to the police that the defendant had called her, saying, "Kerry, Kerry, Kerry, John is dead"?
DR. SCORDI-BELLO: Yeah, I was — I was given that information, and the questions of "Did I hit him?"
MR. BRENNAN: Were you aware of that?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Were you aware of information that troopers had an opportunity to go and speak to the defendant?
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: Were you aware of the statements that she made to the troopers?
DR. SCORDI-BELLO: Not in detail.
MR. BRENNAN: Were you aware that when they spoke to her on January 29th, she informed that she had a broken tail light on her vehicle but did not know how it happened?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'll allow that.
DR. SCORDI-BELLO: Yes, I was provided with that information.
MR. BRENNAN: Were you provided the information that she had never observed John enter the residence?
DR. SCORDI-BELLO: I believe that was part of the original information. Yes.
MR. BRENNAN: Were you aware that she informed, relative to the broken right tail light, she didn't know how it happened?
DR. SCORDI-BELLO: Yes, I was.
MR. BRENNAN: Were you aware that members of the Massachusetts State Police obtained John O'Keefe's phone and did a forensic data analysis on it?
DR. SCORDI-BELLO: I was not aware of that until much, much later.
MR. BRENNAN: After you filed your report, correct? Were you aware of location data that was obtained from John O'Keefe's phone before you filed the death certificate?
DR. SCORDI-BELLO: No, I was not.
MR. BRENNAN: Were you aware of healthcare data on John O'Keefe's phone before you filed the death certificate?
DR. SCORDI-BELLO: No, I was not.
MR. BRENNAN: Were you aware of battery temperature data on Mr. O'Keefe's iPhone before you filed the death certificate?
DR. SCORDI-BELLO: No, I was not.
MR. BRENNAN: Were you aware of voice messages left on John O'Keefe's phone from the defendant before you filed your death certificate?
DR. SCORDI-BELLO: No, I was not.
MR. BRENNAN: Were you aware of text messages between the defendant and John O'Keefe before you filed your death certificate?
MR. BRENNAN: Were you aware of statements from the defendant to various media outlets before you filed your death certificate?
DR. SCORDI-BELLO: No, I was not.
MR. BRENNAN: Did anybody ever come to you after you filed your death certificate and ask you to change it?
MR. BRENNAN: Did anybody ever provide you any of this additional information you weren't aware of at the time, ask you to evaluate it, and then reconsider your finding?
MR. BRENNAN: You were asked some questions about impact injuries. In your experience, are most pedestrian collisions where there's injuries to the lower legs either frontal or rear impacts?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'll allow that. I'll allow that.
DR. SCORDI-BELLO: Most pedestrian fatalities that we see are with impact with the front of the vehicle.
MR. BRENNAN: When you gave the perspective that you looked for impact injuries, was that with consideration of your experience that most collisions are frontal impact injuries?
DR. SCORDI-BELLO: Most collisions involve frontal impact? Yes.
MR. BRENNAN: How about cases where you've had an opportunity to observe people who sustained injuries from being clipped — not hit, but just being clipped — is your opinion any different in your experience?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Okay. How about a sideswipe injury? Is that different relative to your expectations for lower extremity injuries?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: A bruise on the knee — is that consistent with a sideswipe impact?
DR. SCORDI-BELLO: Could be.
MR. BRENNAN: Did you do any type of biomechanical analysis of the alleged collision in this case?
DR. SCORDI-BELLO: No, I did not.
MR. BRENNAN: Were you asked to?
DR. SCORDI-BELLO: I'm not qualified to do that.
MR. BRENNAN: And so when you talk about injuries from a collision, are you in part speculating about what could happen to somebody?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Are you giving a direct opinion in this case about how the injuries were caused?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: You were asked questions about a nose laceration.
DR. SCORDI-BELLO: Yes.
MR. BRENNAN: And you offered that was not consistent with falling backwards on the head alone.
DR. SCORDI-BELLO: Correct.
MR. BRENNAN: You were asked if that was consistent with a punch.
MR. ALESSI: Objection. That's not the testimony.
JUDGE CANNONE: That's your objection, Mr. ?? There's not a question.
MR. BRENNAN: Did you provide an opinion that it could be consistent with a punch?
DR. SCORDI-BELLO: I did provide that opinion.
MR. BRENNAN: Could it be consistent with broken glass?
DR. SCORDI-BELLO: Possible.
MR. BRENNAN: Could it be consistent with sharp shards from broken plastic?
DR. SCORDI-BELLO: Possible.
MR. BRENNAN: Could it be consistent with first aid?
DR. SCORDI-BELLO: I'm sorry, what was—
MR. BRENNAN: Could it be consistent with first aid treatment?
DR. SCORDI-BELLO: Anything is possible.
MR. BRENNAN: Do you have any firsthand knowledge of how the laceration on the nose happened?
DR. SCORDI-BELLO: I do not have firsthand knowledge.
MR. BRENNAN: Did you know at the time you filed your death certificate that there were plastic pieces of tail light found near Mr. O'Keefe's body around 5:45 p.m. on January 29th, 2022?
DR. SCORDI-BELLO: I do believe some of that information was communicated to us. Yes.
MR. BRENNAN: Thank you.
JUDGE CANNONE: All right, Mr. Alessi.
MR. ALESSI: Thank you, your honor. Dr. Scordi-Bello, Attorney Brennan just asked you questions about alcohol consumption. You had the opportunity to evaluate the medical records of Mr. O'Keefe. Correct?
DR. SCORDI-BELLO: Correct.
MR. ALESSI: And you had, in terms of the medical records, information with regard to the medications that Mr. O'Keefe had taken. Is that correct?
DR. SCORDI-BELLO: I believe I reviewed those records at some point prior to issuing my report. Yes.
MR. ALESSI: If I were to show you a document, might that refresh your recollection as to the list of medications?
JUDGE CANNONE: I'm going to allow it — is it in connection with alcohol too, you said?
MR. ALESSI: Right. Correct.
JUDGE CANNONE: Go right ahead.
MR. ALESSI: May I?
JUDGE CANNONE: Yes.
MR. ALESSI: Dr. Scordi-Bello — yes. Dr. Scordi-Bello, may I stand by the way? I just— Thank you. Dr. Scordi-Bello, I am providing you with a document. Up at the top it says John O'Keefe, and I would like to draw your attention to medications. To expedite it, I am going to focus on the fourth item on that list. Can you state what that medication is?
DR. SCORDI-BELLO: The fourth item is omeprazole.
MR. ALESSI: Does that refresh your recollection as to one of the medications Mr. O'Keefe was on?
DR. SCORDI-BELLO: Yes.
MR. ALESSI: And that medication is an antacid, right?
DR. SCORDI-BELLO: And so omeprazole — the trade name is omeprazole, Pepcid, I believe. So Pepcid is a proton pump inhibitor.
MR. ALESSI: Correct.
DR. SCORDI-BELLO: Yes.
MR. ALESSI: And a proton pump inhibitor stops the proton pump in the stomach from releasing acid.
DR. SCORDI-BELLO: Correct. Yes.
MR. ALESSI: And we're going to come back to that in just a moment. But do you also recall testifying at the grand jury with regard to alcohol consumption and potential alcohol consumption of Mr. O'Keefe?
DR. SCORDI-BELLO: I do remember testifying. Yes.
MR. ALESSI: And do you recall what your testimony was with regard to alcohol consumption and small ulcers in the stomach potentially associated with alcohol consumption?
DR. SCORDI-BELLO: Alcohol consumption — I don't recall my exact words at grand jury, but alcohol consumption can lead to gastric ulcers.
MR. ALESSI: And alcohol consumption can lead to gastric ulcers, and what medications can treat gastric ulcers?
DR. SCORDI-BELLO: Well, they don't treat them, they prevent them, but that would be a proton pump inhibitor such as omeprazole, right?
MR. ALESSI: So, isn't it correct therefore that the ulcers that are observed in the stomach of Mr. O'Keefe — that we talked about, the gastric mucosa — could have come from ulceration due to alcohol consumption, as opposed to hypothermia?
DR. SCORDI-BELLO: It's possible. Correct.
MR. ALESSI: Correct. Attorney Brennan asked you questions moments ago, and actually several of them included the words "Did I hit him? Could I hit him?" — do you recall those questions?
DR. SCORDI-BELLO: I do.
MR. ALESSI: And isn't it correct that you had that information before you issued your final findings in this matter in April of 2022?
DR. SCORDI-BELLO: Yes, I did.
MR. ALESSI: So even though you had all that information, you still were unable to conclude the manner of death of Mr. O'Keefe—
DR. SCORDI-BELLO: Correct. Correct.
MR. ALESSI: Thank you, Dr. Scordi-Bello.
JUDGE CANNONE: All right, doctor. You are all set. Thank you. [unintelligible] I'm going to see counsel — sidebar. So, jurors, that is it for today. I'm told that we are on schedule. So with that, I'm going to let you go a few minutes early. Please do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard it and let us know, and be very careful with your social media. So, we'll see you tomorrow.
JUDGE CANNONE: The rest of you may be seated. All right. So, Mr. Lally, I'll hear you. I'll hear you, Mr. Lally.