Trial 2 Trial Day
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Day 17 - May 16, 2025

Judge Beverly J. Cannone · Trial 2 · 9 proceedings · 1,168 lines

Day 17 of 36
Appearing:

Porto testified that a tail-light swab supported an inclusion of O'Keefe in a three-contributor profile, without dating its deposit; cross addressed comparisons not requested of him. Vallier described debris matches and pre-lab custody limits.

Full day summary

Day 17 centers on two Massachusetts State Police Crime Laboratory forensic scientists. DNA analyst Andre Porto testifies that a passenger-side tail-light swab produced a three-contributor profile supporting an inclusion of O'Keefe at a stated likelihood ratio, while he cannot determine when it was deposited. On cross, Porto testifies that he had not been asked to make specified comparisons involving the tail-light and broken-glass profiles. Trace analyst Ashley Vallier testifies that specified pieces from road-labeled items mechanically fit the tail-light housing, while separately describing apparent clear plastic from debris labeled as coming from O'Keefe's clothing without further examination. Vallier identifies Trooper Michael Proctor as submission-7's lab submitter, gives March 14 as the lab receipt date, and says she cannot vouch for pre-lab handling. Judge Cannone denies the defense motion concerning Shanon Burgess's updated clock-drift report while allowing broad cross-examination and limited rebuttal through Dr. Welcher.

  • Porto reports that a passenger-side tail-light swab produced a three-contributor profile with a stated likelihood ratio supporting O'Keefe's inclusion; he could not determine when the DNA was deposited. He also identifies 13 specified shirt-stain profiles as single-source.
  • Porto testifies that he was not asked to compare the tail-light profile with Kevin Albert or Kenneth Berkowitz, or the broken-glass profile with Brian Albert or Brian Higgins.
  • Vallier identifies specified road-labeled pieces as mechanically fitting tail-light housing item 3-1, and separately describes apparent clear plastic from debris labeled as coming from O'Keefe's clothing without further examination.
  • Vallier identifies Proctor as submission-7's submitter and March 14 as the lab receipt date, about six weeks after January 29, and says she cannot vouch for pre-lab handling.
  • Judge Cannone denies the defense's Rule 14 motion to exclude Burgess's clock drift report but grants a limited rebuttal for Dr. Welcher and leaves open the possibility of recalling Jennifer McCabe.
David Yannetti
“Were you ever asked to compare DNA samples from either Canton Police Detective Kevin Albert or Canton Police Chief Kenneth Berkowitz to the DNA profile that you analyzed from that passenger side tail light?”
Yannetti asked Porto whether he had been asked to compare the tail-light profile with Kevin Albert or Kenneth Berkowitz; Porto testified only to the comparison requests he received, a point Yannetti used to advance an incomplete-investigation theme.
Ashley Vallier
“March 14th, 2022.”
Vallier identifies Proctor as submission-7's submitter and March 14 as the lab intake date; she says she cannot vouch for handling before intake, without establishing sole custody or an unaccounted interval.
Beverly J. Cannone
“my findings for the record are that the defendant has not persuaded me of undue surprise or unfair prejudice by this information, and I don't find that there's delayed disclosure”
Judge Cannone's formal ruling denying the defense motion resolves the day's most contentious procedural dispute, preserving the Commonwealth's clock drift evidence while granting the defense cross-examination latitude and a limited rebuttal.
Video thumbnail for Day 17 — Porto, Vallier 3h 49m
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Andre Porto — Direct/Cross/Redirect

After an autopsy stipulation and clip, Porto describes DNA-profile inclusions and limits. Cross covers unidentified contributors and requested comparisons; redirect qualifies clothing mixtures and specified single-source profiles.

Direct
Andre Porto Adam Lally
328 lines

Andre Porto, a forensic scientist II in the DNA unit at the Massachusetts State Police Crime Lab, was qualified through testimony about his education (UMass Amherst, Boston University School of Medicine), training, proficiency testing, and lab accreditation. He explained the four-step DNA analysis process (extraction, quantitation, amplification, detection) and contamination prevention protocols. Porto then presented his findings on numerous evidence items: a swab from the passenger-side tail light of vehicle 3GC684 produced a three-contributor DNA profile at least 510 nonillion times more likely if it originated from O'Keefe and two unknown individuals than if it originated from three unknown unrelated individuals, supporting an inclusion; a broken drinking glass exterior from 34 Fairview Road (530 nonillion); five stains on the upper right leg of O'Keefe's jeans, including stain A at 5,770 nonillion; stains on O'Keefe's gray long sleeve shirt and orange t-shirt (up to 490 octillion as single-source profiles); and right and left fingernail clippings (490 octillion each, single source). A hair root from the vehicle's exterior passenger-side rear handle yielded no detectable human DNA; the hair shaft was sent to Bode Technology for mitochondrial testing. Four items were not suitable for comparison due to complexity or low DNA quantity. Porto could not determine when the DNA profile from the passenger-side tail light was deposited.

Cross
Andre Porto David Yannetti
160 lines

Defense attorney Yannetti cross-examines DNA analyst Porto about additional DNA contributors on multiple evidence items and whether Porto was asked to compare certain profiles to specific individuals.

Redirect
Andre Porto Adam Lally
27 lines

On redirect, ADA Adam Lally addressed the cross-examination's emphasis on multiple DNA contributors by having Porto testify that, depending on the circumstances, multiple contributors on clothing can happen and are not a complete anomaly. Lally then walked Porto back through the key DNA findings: the passenger-side tail light swab (510 nonillion times more likely to include O'Keefe's DNA), the 13 stains on O'Keefe's orange t-shirt and gray long sleeve shirt (all single-source, 490 octillion), and the fingernail clippings from both hands (also single-source, included O'Keefe). The redirect was cut short by a sustained objection before Lally could finish his final question.

+1 procedural segment

Ashley Vallier — Direct (Part 1)

Forensic scientist Ashley Vallier begins direct examination on physical match analysis of eleven questioned road items and item 3-1, the passenger-side tail light from the defendant's vehicle.

Direct
Ashley Vallier Adam Lally
357 lines

ADA Adam Lally calls Ashley Vallier, a forensic scientist from the Massachusetts State Police Crime Laboratory's Trace, Arson, and Explosives unit. After establishing her qualifications — a biochemistry degree from UC San Diego, a forensic sciences master's from Boston University, six years at the crime lab, and annual proficiency testing — Lally walks her through the physical match analysis methodology. Vallier then systematically describes her examination of eleven listed questioned item numbers labeled as coming from the road, along with item 3-1, the known item labeled as coming from the passenger side tail light. For each item, Lally introduces photographs she took during analysis, which are admitted as exhibits 171 through 181. Vallier details which fragments within each item fit together mechanically, noting internal matches within items 3-1, 7-8, 7-12, 7-15, and 7-16. The proceeding breaks before she reaches the cross-item comparison stage.

Procedural — Motions (Welcher)

Procedural motions page: defense says Burgess's May 8 clock-drift report, received May 11, changes timing central to its case and seeks Rule 14 relief, four days, and voir dire; Commonwealth says the timeline is unchanged.

Procedural
Procedural - Motions (Welcher)
37 lines

Attorney Alessi argues that Shanon Burgess's updated report on clock drift in the Lexus infotainment system, received by the defense on May 11th, fundamentally affects the defense's entire strategy — including prior cross-examinations of Jennifer McCabe, Ian Whiffin, and preparation of defense experts like DiSogra, Gaffney, and ARCCA. He requests the report be rejected as a Rule 14 violation and, failing that, asks for four days to adjust. He also requests a voir dire of Burgess, raising concerns about a possible sequestration order violation. ADA Brennan responds that nothing has changed in the Commonwealth's timeline, that the variance between the Lexus clock and iPhone clock has always been known to both sides, and that Burgess simply identified the specific variance using existing Waze data after DiSogra's analysis was incorrect. Judge Cannone asks whether the Commonwealth opposes a voir dire on the sequestration issue; Brennan opposes, arguing there is no good faith basis. The matter is left with the defense preparing to present the specific report page showing the clock adjustment.

Ashley Vallier — Direct (Part 2)/Cross/Redirect

Vallier continues the tail-light reconstruction. Cross addresses an empty reconstruction spot and her pre-lab handling limits; on redirect, she says she would have to count and meant only the pieces previously stated.

Direct
Ashley Vallier Adam Lally
107 lines

ADA Lally walks Ashley Vallier through the cross-item phase of her physical-match analysis. She describes a mechanical fit between item 7-6 piece B and item 7-11 piece D, and testifies that listed pieces from items 7-5, 7-8, 7-10, 7-11, 7-12, 7-13, 7-15, and 7-16 fit mechanically with item 3-1, the passenger-side tail light housing. Later, when discussing the pictured reconstruction, Vallier says items 7-8 and 7-14 did not fit the other pieces. Photographs of a reconstructed assembly are admitted as exhibits 182-A and C. Vallier also describes debris labeled as coming from John O'Keefe's clothing, including a piece of apparent clear plastic measuring approximately 1/8 inch by 1/16th inch, and says she did no further examination herself; Christina Hanley might have examined some of the material further.

Cross
Ashley Vallier David Yannetti
117 lines

David Yannetti cross-examined Ashley Vallier about item 3-1 and pre-lab evidence handling. Vallier said the reconstruction contained an empty spot and that she had not been provided pieces that filled it. She answered no when asked whether she had been told about pieces or a collision at One Meadows Street; those questions did not establish an alternate debris source. Vallier said she received debris labeled as coming from clothing rather than the clothing itself. After reviewing an evidence submission form, she testified that Michael Proctor submitted the submission-7 items and that the clothing reached the lab on March 14, 2022, about six weeks after the January 29 incident. She described the lab's chain as beginning at intake and said she could not vouch for how the clothing or tail-light pieces were handled beforehand. Objections to questions about why Proctor waited and whether he had access to tail-light pieces were sustained or stricken.

Redirect
Ashley Vallier Adam Lally
11 lines

In this brief 11-utterance redirect, ADA Lally addresses two points raised during Yannetti's cross-examination. He has Vallier confirm that the Massachusetts State Police Crime Laboratory has a separate evidence unit she has no involvement with, establishing that her chain-of-custody responsibility extends only from when she retrieves an item for analysis to when she returns it. Lally then asks whether ten submission-number-seven items were mechanical fits to item 3-1, the tail light housing from the defendant's vehicle. Vallier says she would have to count and answers that the items beginning with seven discussed on direct were mechanical fits to each other and the housing, adding that she means the pieces previously stated. Judge Cannone then dismisses the jury for the day with standard cautions.

Procedural - Ruling (Welcher)

Judge Cannone denies the Burgess clock-drift disclosure challenge, permits extensive cross-examination, and allows limited rebuttal after Welcher, while leaving witness recall open if the defense later shows need.

Procedural
Procedural - Welcher ruling
11 lines

Judge Cannone delivers her ruling on the defense's motion challenging Shanon Burgess's updated report on Lexus infotainment clock drift. She finds the defendant has not demonstrated undue surprise or unfair prejudice and does not find delayed disclosure. She denies the request for a voir dire on the sequestration issue but notes the defense may cross-examine Burgess extensively on what he knew, when he changed his report, and any sequestration concerns. She addresses Dr. Welcher's testimony, confirming he will testify in the Commonwealth's case-in-chief on previously disclosed material, and grants the defense a limited rebuttal on the new information, with scope to be defined after Welcher's testimony. She also leaves open the possibility of recalling witnesses like Jennifer McCabe if the defense demonstrates need after Burgess's direct examination.

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