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 lines

Day 18 of 36
Appearing:

DNA analysts report results consistent with O'Keefe in a tail-light mixture and rear-panel hair, while cross examines errors in Shanon Burgess's credential materials and three chip-capacity calculations.

Full day summary

Day 18 opened with two Bode Technology DNA analysts. Nicholas Bradford reported that O'Keefe could not be excluded from a three-person tail-light mixture and gave a likelihood ratio supporting the O'Keefe-and-two-unknowns proposition over three unknowns; Carl Miyasako said a rear-panel hair was consistent with O'Keefe's 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 to Burgess, who described identifying a previously unexamined infotainment SD card and recovering power-event timestamps. Using a three-point turn, he calculated a 21–29 second clock variance; applied to the second TechStream event, his adjusted range concerned the end of its 10-second capture window, not the entire backing maneuver. Robert Alessi's cross-examination examined Burgess's degree representations, including errors or outdated information in professional materials; capacity-conversion errors involving three chips in his October 2024 protocol; and the timing and basis of his supplemental report. Burgess acknowledged that he did not hold the degree listed in certain materials and that he made conversion errors, while saying the errors were only part of the protocol and the three chip acquisitions were complete with no data of value. He said the supplemental report was the only midtrial supplement he recalled and identified a March presentation as prompting additional analysis. The day ended with cross-examination focused on Burgess's credentials, portions of his protocol, and the supplemental report.

  • Nicholas Bradford testifies that O'Keefe could not be excluded as a contributor to the tail-light mixture, for which the O'Keefe-and-two-unknowns proposition was 740 nonillion times more likely than three unknown contributors; he reports support for exclusion in the Bukhenik and Proctor comparisons.
  • Alan Jackson establishes that Bradford had not been asked to compare known samples from Brian Higgins, Brian Albert, Kevin Albert, or former Chief Kenneth Berkowitz against the tail-light extract.
  • 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 examines Burgess about degree information in professional materials and bit-byte conversion errors affecting three chips in his protocol; Burgess says the errors were only part of the protocol.
Alan Jackson
“Were you asked to compare a known sample from a person by the name of Brian Higgins?”
Jackson asked whether Bradford had been asked to compare known samples from four named individuals to the tail-light extract; Bradford answered no to each.
Shanon Burgess
“No, I do not.”
Burgess acknowledged that he did not hold the bachelor's degree listed in certain professional materials; he also acknowledged errors or outdated information and said he or Aperture could have prepared the materials.
Shanon Burgess
“Correct. I did make an error.”
Burgess acknowledged bit-byte conversion errors in three chip-capacity calculations, but denied that those errors were the entire foundation of his protocol and described their role as partial.
Video thumbnail for Day 18 — Bradford, Miyasako, Burgess 7h 6m
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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 lines

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; John O'Keefe could not be excluded as a potential contributor, and the likelihood ratio was 740 nonillion times more likely for a mixture of O'Keefe and two unknown unrelated individuals than for three unknown unrelated individuals. Bradford testified that the statistical comparisons provided very strong support for exclusion for Yuri Bukhenik and strong support for exclusion for Michael 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 lines

Defense attorney Alan Jackson focused on two points during this brief cross-examination. First, he asked about the statistical contrast between the DNA results involving Michael Proctor and John O'Keefe. Bradford cautioned against population analogies and explained that the evidence profile was 76,000 times more likely if it involved three unknown unrelated individuals than if it involved Proctor and two unknown unrelated individuals. When Jackson asked whether that meant Proctor was not completely excluded as a potential contributor, Bradford answered that he was stating what the numbers showed and that there was strong support for exclusion. 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 answered no to each. 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 lines

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 possible source and reports that, with 95% confidence, at least 99.895% of the population can be excluded as sources; he separately states 99.985% in one answer. He explains that mitochondrial DNA is not unique to an individual and that maternally related individuals also could not be excluded.

Cross
Carl Miyasako Alan Jackson
70 lines

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 lines

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 a previously unexamined Lexus infotainment SD card, recovered infotainment power-event timestamps, and clock variance between the Lexus and John O'Keefe's iPhone.

Direct
Shanon Burgess Hank Brennan
712 lines

Shanon Burgess, a digital forensics examiner from Aperture LLC, testified about his analysis of the defendant's 2021 Lexus LX570. Burgess testified that his initial partial-chip-read hypothesis resulted from a capital-B/lowercase-b notation error; on cross, he agreed that the three chips acquired by Maggie Gaffney were complete and contained no data of value. After further review, he identified an SD card on a module circuit board that had not been examined and recovered user data including timestamped infotainment power-on/off events. Exemplar testing associated the raw events with the infotainment system powering on or off and placed ignition on approximately three seconds before the infotainment power-on timestamp. He identified January 29, 2022 infotainment events at 12:12:36 a.m.; approximately 12:42:00 a.m. for the first power-off event, while a graph displayed approximately 12:42:08; then 5:07:46 a.m., 12:35:01 p.m., 4:11:46 p.m., and 5:34:51 p.m. He compared the timestamps with Ring and Alarm.com surveillance video. Burgess then used the three-point turn as a shared event to compare the Lexus internal clock with John O'Keefe's iPhone, calculating a 21-29 second variance. Applying that variance to the second TechStream event, he opined that its 10-second capture ended between 12:32:04 and 12:32:12 a.m. on the iPhone clock; he agreed the window did not necessarily include the entire backing event.

Shanon Burgess — Cross (Part 1)

Alessi cross-examined Burgess on inaccurate degree materials, bit-byte errors in three chip entries, and his May supplemental report; Burgess gave qualifications and explanations on each.

Cross
Shanon Burgess Robert Alessi
1158 lines

Robert Alessi conducted an extensive cross-examination of digital forensics examiner Shanon Burgess covering credentials, portions of his acquisition protocol, and his May 2025 supplemental report. Burgess acknowledged that his November 2024 and April 2025 case CVs said he was currently pursuing a bachelor's degree and that he holds no bachelor's degree. He also acknowledged errors or outdated information in an Aperture biography, LinkedIn profile, and older CV; he said the materials could have been prepared by himself or Aperture. Alessi then identified bit-byte conversion errors in capacity calculations for three chips. Burgess agreed those three acquisitions were complete and yielded no additional data of value, but rejected the proposition that the errors were the entire foundation of the protocol, describing their role as partial. Alessi also questioned a January-report footnote reading, "Evidence reviewed by the defense counsel, re: O'Keefe MV homicide." Burgess agreed the word appeared but denied that it meant he had assumed Read struck O'Keefe before testing. On the May 8 supplement, Burgess said it was his only recalled midtrial supplemental report in about 10 years. He testified that a March DiSogra presentation concerning clock adjustments prompted the additional analysis; he said the report was his own initiative, that "pursuant to your request" was copied language, that he had Whiffin's report but not the underlying data, and that he contacted Tully for location data and spoke with Brennan before submission. Burgess also agreed there was no literature specific to this Lexus model, while saying exemplar testing was performed for that reason and that other literature addressed the methodology.

+1 procedural segment
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