Trial 2 Trial Day
◀ Day 17 Trial 2 Day 19 ▶

Day 18 - May 19, 2025

Judge Beverly J. Cannone · Trial 2 · 7 proceedings · 2,348 utterances

Day 18 of 36
Appearing:

DNA analysts link O'Keefe's profile to tail light and rear panel hair, while digital forensics expert Shanon Burgess's credentials and methodology are dismantled on cross.

Full day summary

Day 18 opened with two Bode Technology DNA analysts establishing that John O'Keefe's DNA profile appears in a three-person mixture on the tail light extract and that a hair from the vehicle's rear panel is consistent with his mitochondrial DNA profile. Defense cross-examinations on both witnesses drew out the statistical limitations: Trooper Proctor's exclusion was probabilistic rather than absolute, and mitochondrial DNA cannot distinguish an individual from an entire maternal lineage. The afternoon turned on digital forensics examiner Shanon Burgess, who on direct described discovering an overlooked SD card in the Lexus infotainment module containing power and movement timestamps, and synchronizing the vehicle's clock to O'Keefe's iPhone to place a backing maneuver at 12:32 a.m. Robert Alessi's cross-examination then exposed that Burgess had falsely claimed a bachelor's degree on his LinkedIn profile, website, and linked CV, that his October 2024 protocol criticizing a prior examiner's chip acquisition was built on confusing megabits with megabytes across three chips, and that his supplemental report was filed mid-trial for the first time in his decade-long career. The day ended with the prosecution's core digital timeline witness significantly impeached on credentials and technical competence.

  • Nicholas Bradford testifies that O'Keefe's DNA in the tail light extract is 740 nonillion times more likely than three unknown contributors, while both troopers who handled the evidence are statistically excluded.
  • Alan Jackson establishes that investigators never requested DNA comparisons for Brian Higgins, Brian Albert, Kevin Albert, or former Chief Kenneth Berkowitz against the tail light sample.
  • Carl Miyasako places a hair from the Lexus rear panel in O'Keefe's maternal lineage but concedes on cross that mitochondrial DNA cannot identify a specific individual — only a shared maternal line.
  • Shanon Burgess identifies a missed SD card on the Lexus infotainment module containing timestamped power events, and synchronizes the vehicle clock to O'Keefe's iPhone with a 21–29 second variance.
  • Robert Alessi exposes that Burgess does not hold the bachelor's degree listed on his professional profiles, and that his protocol criticizing a prior examiner's work was based on a fundamental bit-versus-byte conversion error.
Alan Jackson
“Were you asked to compare a known sample from a person by the name of Brian Higgins?”
Jackson's methodical naming of four individuals central to the defense's alternative theory — none of whose DNA was ever compared to the tail light — frames the prosecution's investigation as deliberately narrow.
Shanon Burgess
“No, I do not.”
The flat two-word admission that Burgess does not hold the degree listed across his professional biography becomes the day's defining credibility moment, undermining the digital evidence that underpins the prosecution's timeline.
Shanon Burgess
“Correct. I did make an error.”
Burgess's concession that he made the bit-byte conversion error confirms that the entire foundation of his protocol criticizing the prior examiner's acquisition was technically unsound.

Nicholas Bradford - Direct/Cross

DNA analyst Nicholas Bradford testified about DNA recovered from the vehicle's tail light, with findings addressing the presence and exclusion of potential DNA contributors.

Direct
Nicholas Bradford Adam Lally
204 utt.

Nicholas Bradford, a DNA analyst from Bode Technology, testified about his qualifications, laboratory procedures, and DNA analysis performed on evidence in the Karen Read case. He explained that the tail light extract from the passenger side of Read's vehicle contained a three-person DNA mixture, with very strong support for inclusion of John O'Keefe's DNA (740 nonillion times more likely) and very strong support for exclusion of both Trooper Bukhenik and strong support for exclusion of Trooper Proctor. Bradford also tested a hair shaft from the same vehicle panel area but found the autosomal DNA was below the limit of detection, so the sample was forwarded to another analyst for mitochondrial DNA testing.

Cross
Nicholas Bradford Alan Jackson
33 utt.

Defense attorney Alan Jackson focused on two points during this brief cross-examination. First, he drew attention to the difference between Proctor's exclusion statistic (1 in 76,000) and O'Keefe's inclusion statistic (740 nonillion), establishing that while Bradford found 'strong support for exclusion' of Proctor, Bradford was not fully excluding him as a potential contributor. Second, Jackson asked whether Bradford had been asked to compare known DNA samples from Brian Higgins, Brian Albert, Kevin Albert, or former Chief Kenneth Berkowitz against the taillight extract — Bradford confirmed he had not been asked to compare any of those individuals. The prosecution declined redirect.

+1 procedural segment

Carl Miyasako - Direct/Cross/Redirect

Mitochondrial DNA analyst Carl Miyasako testifies that a hair sample from Karen Read's vehicle is consistent with John O'Keefe. Cross-examination highlights the analysis's key limitation: it cannot distinguish O'Keefe from his maternal relatives.

Direct
Carl Miyasako Adam Lally
155 utt.

Carl Miyasako, a senior DNA analyst at Bode Technology in Virginia, testifies about mitochondrial DNA testing performed on a hair sample recovered from the rear panel of Karen Read's vehicle. After establishing his qualifications and explaining DNA analysis methodology to the jury, Miyasako describes comparing the hair sample's mitochondrial DNA profile to John O'Keefe's known standard. He concludes that O'Keefe could not be excluded as a source, stating that with 95% confidence, at least 99.895% of the population can be excluded — meaning only O'Keefe and his maternal relatives remain consistent with the sample.

Cross
Carl Miyasako Alan Jackson
70 utt.

Alan Jackson cross-examines Carl Miyasako on the limitations of mitochondrial DNA analysis. Jackson methodically establishes that mitochondrial DNA is inherited solely through the maternal line, meaning John O'Keefe's mother, siblings, nieces, nephews, and all maternal relatives share the identical profile. Miyasako repeatedly confirms he cannot say the hair specifically belonged to O'Keefe, only that O'Keefe and his maternal lineage cannot be excluded. Jackson also establishes that the analysis cannot determine when or how the hair arrived at the location where it was found. The judge sustains multiple objections and eventually directs Jackson to move on after the point is made.

Redirect
Carl Miyasako Adam Lally
8 utt.

In a brief redirect of eight utterances, ADA Adam Lally asks Carl Miyasako to restate his overall conclusion from the mitochondrial DNA comparison. Miyasako confirms that John O'Keefe's known standard could not be excluded as consistent with the hair sample from the rear quarter panel of Karen Read's vehicle, and that with 95% confidence, at least 99.895% of the population can be excluded. Lally then asks whether Miyasako maintains that 95% confidence level, prompting Miyasako to clarify that he also cannot exclude anyone maternally related to O'Keefe.

Shanon Burgess - Direct

Digital forensics expert Shanon Burgess testifies about recovering previously missed data from the Lexus infotainment SD card, establishing vehicle power on/off timestamps and clock variance between the Lexus and John O'Keefe's iPhone.

Direct
Shanon Burgess Hank Brennan
712 utt.

Shanon Burgess, a digital forensics examiner from Aperture LLC, testified about his analysis of the defendant's 2021 Lexus LX570. He found that an earlier chip-off process by Maggie Gaffney missed an SD card on the infotainment module's circuit board containing user data including timestamped power on/off events. Using exemplar vehicle testing, Burgess validated his data recovery methodology and identified power on/off events for the Lexus on January 29, 2022: first power on at 12:12:36 a.m., power off at 12:42:00 a.m., then subsequent cycles at 5:07:46 a.m., 12:35:01 p.m., 4:11:46 p.m., and 5:34:51 p.m. He corroborated these timestamps against Ring and Alarm.com surveillance video. Burgess then synchronized the Lexus clock with John O'Keefe's iPhone using the three-point turn as a shared event, calculating a clock variance of 21-29 seconds, and applied that variance to place the backing maneuver TechStream event at 12:32:04-12:32:12 a.m. on the iPhone's clock.

Shanon Burgess - Cross (Part 1)

Defense attorney Alessi challenges Burgess's credentials, revealing falsified education claims, fundamental bit-byte conversion errors in his protocol, and questions the timing and motivation of his mid-trial supplemental report.

Cross
Shanon Burgess Robert Alessi
1158 utt.

Robert Alessi conducted an extensive cross-examination of digital forensics examiner Shanon Burgess covering three main areas. First, Alessi established that Burgess's LinkedIn profile, Aperture website bio, and multiple CVs falsely claimed he held a Bachelor of Science degree when he only possesses an associate's degree and has been pursuing his bachelor's for 17 years. Second, Alessi demonstrated that Burgess's October 2024 protocol — which criticized Maggie Gaffney's earlier chip-off acquisition as incomplete — was based on confusing megabits with megabytes and gigabits with gigabytes across three separate chips, meaning Gaffney's work was actually complete. Third, Alessi questioned why Burgess submitted a supplemental report on May 8, 2025, in the middle of trial — the first time in his 10-year career — when he had access to the relevant data (Whiffin's report) since January. Alessi also noted Burgess labeled the case a 'homicide' in his first report before conducting his scientific testing, and that no scientific literature supports his methodology for this specific Lexus model.

+1 procedural segment
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