Day 17 - May 16, 2025
Judge Beverly J. Cannone · Trial 2 · 9 proceedings · 1,168 lines
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
Key Moments
- 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.
Notable Quotes
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.
3h 49m