Shanon Burgess - Cross (Part 1)

MR. ALESSI: Thank you, your honor. Good afternoon, Mr. Burgess.

MR. ALESSI: You spell your first name Shanon with one N — do I have that correct?

MR. ALESSI: You describe yourself as a digital forensic examiner. Correct?

MR. ALESSI: You use the term forensics often in your analysis.

MR. ALESSI: And would you agree that generally the accepted definition of forensics is something that relates to — that's used in and is suitable for a court of law?

MR. ALESSI: And so when you're working in forensics, even in your office, you understand that eventually it's very likely that whatever work you're working on is going to end up — or could end up — in a court of law. Correct?

MR. ALESSI: And you mentioned in your direct examination the scientific method, right?

MR. ALESSI: And I was pleased to hear mention of the scientific method. And I just want to cover some principles with regard to the scientific method. But before I do, I just want to see how forensics envelops in certain items. So forensics applies scientific methods and principles to legal matters, particularly in criminal investigations. Right?

MR. ALESSI: Yes. Thank you. And forensics are used to help lawyers in their preparation?

MR. ALESSI: And it's used to help judges in courts of law.

MR. ALESSI: And it's also used to help juries and jurors to understand the results of scientific tests?

MR. ALESSI: So you know — and you have to presume — that as you are performing your analysis, as I stated earlier, that this information is going to end up in a court of law. Correct?

MR. ALESSI: And does that heighten sort of the analysis that you need to do — and the sharpness and the accuracy — given that it's going to end up in that form?

MR. ALESSI: And is the primary goal of forensic science to uncover the truth and to provide objective evidence that can be presented in a court?

MR. ALESSI: Would you generally agree that the work of forensic science, including the work that you do, is intended to be used in court because scientific evidence can be very powerful — and therefore the forensic science must be accurate. Correct?

MR. ALESSI: Correct. There must be a method. Right?

MR. ALESSI: It must be detailed.

MR. ALESSI: And above all, it must be unbiased and truthful. Correct?

MR. ALESSI: And all of this — is it fair to say — distills down to reliability?

MR. ALESSI: And reliability is a desired characteristic of the forensic scientist.

MR. ALESSI: You want people to be able to rely upon your work.

MR. ALESSI: And credibility and honesty is part of reliability and it's a fundamental component of that. Correct?

MR. ALESSI: You've stated that you hold your opinions to a reasonable degree of scientific certainty. You said that several times on direct. Correct?

MR. ALESSI: And because the discipline of forensics involves the application of the scientific method, as you stated on direct, you therefore of course applied the scientific method throughout your analysis, right?

MR. ALESSI: Would you agree with the following statement of the scientific method — and tell me whether — well, let me start with: you understand — you know the National Institute of Standards and Technology?

MR. ALESSI: And would you agree with a definition of the scientific method as the systematic pursuit of knowledge involving the recognition and definition of a problem, the collection of data through observation and experimentation, analysis of the data, the formulation, evaluation and testing of hypotheses, and where possible the selection of a final hypothesis. I know there's a lot there, and if you'd like me to break any of it down, you let me know.

MR. ALESSI: Yeah. And I wanted to emphasize the end — the evaluation and testing of hypothesis, and where possible the selection of a final hypothesis. You understand what I mean by hypothesis?

MR. ALESSI: The scientific method is used — among other reasons — is it not, to avoid certain biases in the science process. Correct?

MR. ALESSI: So the method is trying to prevent — not cultural bias, but scientific bias. Correct?

MR. ALESSI: Do you know what the American Academy of Forensic Scientists refers to as cognitive biases in science generally?

MR. ALESSI: Have you heard of the term confirmation bias?

MR. ALESSI: Have you heard of the term anchor bias in the scientific method?

MR. ALESSI: Let's start with confirmation bias — a fair definition — and you said you're generally familiar with that, right?

MR. ALESSI: So let's start with that. Is that — that's the practice of sort of selectively gathering and interpreting evidence to confirm the scientist's belief — or a belief of another — and at the same time neglecting evidence that contradicts them. Is that a fair definition of confirmation bias?

MR. ALESSI: And an example of confirmation bias is not considering alternative hypotheses once an initial hypothesis has been selected, even though the data and other information might contradict the initial hypothesis. Fair statement?

MR. ALESSI: And confirmation bias, although sometimes it occurs, is intellectually and analytically antithetical — it's opposing of the scientific method. Correct?

MR. ALESSI: And it's to be avoided, right? Anchor bias is — and I know you said you didn't recall it — but let me see if this triggers a recollection. If not, fair enough.

MR. ALESSI: Anchor bias is when you prioritize information and data that supports your initial impression of the evidence, even where the impressions are incorrect or it's unknown whether the impression is incorrect. You sort of anchor into that. Does that sound like a reasonable definition of anchor bias?

MR. ALESSI: So biases are to be avoided in the application of scientific matters and methods because they can lead to incorrect conclusions in science. Right?

MR. ALESSI: And even though they're to be avoided, you called this case a homicide — even before you began your alleged scientific testing. Isn't that correct?

MR. ALESSI: Do you recall your January 30th, 2025 report that you prepared in this case?

MR. ALESSI: Do you have it with you?

MR. ALESSI: Can you turn to page 4, footnote three, please?

MR. ALESSI: And in page four, footnote three, it states — I'm sorry, sir, are you there?

MR. ALESSI: It says, "Evidence reviewed by the defense counsel, re: O'Keefe MV homicide." Did I read that correctly?

MR. ALESSI: Now, you assumed — in the very beginning — that Ms. Read had hit Mr. O'Keefe with her car before you began the scientific testing that you had discussed in your direct.

MR. ALESSI: But you did list homicide down in footnote three, correct?

MR. ALESSI: And so this report's drafted January 30th, 2025. Correct?

MR. ALESSI: And the testing — I'll just give you a snapshot — some of the testing you discussed with Mr. Brennan, that testing didn't occur until after this trial started, correct? Some of the testing you described in direct.

MR. ALESSI: Okay. So that testing didn't even occur — in the trial, just assume the trial started at April 22nd. So the testing you described when you were talking about aligning clocks and GPS, that occurred after April 22nd.

MR. ALESSI: Correct. Now let's go on to another topic. Let's talk about professional credentials. You know what I mean by the term credentials?

MR. ALESSI: Professional credentials are important in any profession.

MR. ALESSI: Correct. And they're important in your forensic examiner profession as well.

MR. ALESSI: Your forensic scientists and examiners are no different than any other professional — that credentials are important — and your profession requires you to provide curriculum vitae laying out your education, training, and background.

MR. ALESSI: Correct. And it's imperative, is it not, that the information that is disseminated about your professional credentials are absolutely truthful.

MR. ALESSI: You say they should be. Let's continue on with that topic. You understand what's meant by the term ethics, right?

MR. ALESSI: And simple ethics mandate that one is truthful about their professional credentials.

MR. ALESSI: Correct. And a fundamental credential is what type of college degree you hold.

MR. ALESSI: Correct. People rely on those credentials and the credentials are the foundation of your expert opinions and analyses.

MR. ALESSI: Yes, they can be, and they often are.

MR. ALESSI: You know that not only your colleagues but your clients, firm clients, courts, and juries will rely on your CV and your credentials in order to make determinations about whether you're qualified to testify and the depth of your qualifications.

MR. ALESSI: Correct. You provided the Commonwealth, the defense, and the court with your CV in this case.

MR. ALESSI: Correct. If I can have a moment, your honor, I will —

MR. ALESSI: — get my first exhibits.

MR. ALESSI: returning May I?

MR. ALESSI: If I could have this marked as the next exhibit for identification at this point.

MR. ALESSI: May I present it to — thank you, Mr. Burgess. I am presenting you with exhibit TT for identification. I — I was — thank you, your honor. I'm learning not to talk while I'm walking backwards so madam court reporter can hear me. So I'm presenting you with what is exhibit TT for identification. Do you recognize that document?

MR. ALESSI: And what is that document?

MR. ALESSI: May I approach further?

MR. ALESSI: And is that CV a document that you have prepared?

MR. ALESSI: And is that a fair and accurate document?

MR. ALESSI: Your honor, I offer that into evidence.

MR. ALESSI: Thank you. Mr. Burgess, you have in front of you your CV that we just spoke about, and I'd ask you please to draw your attention to the education section where underneath in red it says BGS, and then — do I read it correctly? It says Bachelor of General Science and Mathematics and Business Administration, University of Alabama-Birmingham, Alabama, currently pursuing. Did I read that correctly?

MR. ALESSI: Thank you, sir. May I approach, your honor?

MR. ALESSI: Thank you. I'd like this marked as the next for identification only at this point. Oh, excuse me. Can I have that back, Mr. — sure. May I hand it to the witness, your honor?

MR. ALESSI: Thank you. Well, I'm going to actually have it marked for identification first.

MR. ALESSI: Thank you. Thank you, Mr. Burgess. It's been marked. The document is exhibit UU for identification. Could you please tell me if you recognize that?

MR. ALESSI: And sir, please describe briefly what that is.

MR. ALESSI: Thank you. I would offer it into evidence at this time, your honor.

MR. ALESSI: Thank you. I present it back to the witness, your honor.

MR. ALESSI: Thank you. Thank you. Mr. Burgess, once you've had a fair opportunity to look at that, I have a question, and that question is simple. Is that your April 2025 CV?

MR. ALESSI: Thank you. And when you've had a fair opportunity to look at it — when you just pick your head up, sir, to let me know you're ready. I don't want to rush you, but then I have some questions.

MR. ALESSI: So in those two exhibits, your two CVs in front of you, am I correct that the first one is November 2024 and the second one is April 2025?

MR. ALESSI: In both of those CVs, you indicate that you have not yet earned a bachelor's degree.

MR. ALESSI: And you certainly have not earned a bachelor of science degree in any educational field according to those two CVs.

MR. ALESSI: And in fact, as you sit here today, you do not possess any bachelor's degree.

MR. ALESSI: And the reason, as you state, is because that bachelor's degree is currently pending.

MR. ALESSI: Currently pursuing. Yes. So you have a public profile that's published on Aperture's website.

MR. ALESSI: And it's in the form of a biography page.

MR. ALESSI: And that biography page has your education listed.

MR. ALESSI: May I approach, your honor?

MR. ALESSI: Thank you. If I could have this marked, please, once Mr. Brennan reviews it. Thank you. Your honor, may I have this marked as the next identification in order?

MR. ALESSI: May I hand it to the witness?

MR. ALESSI: I have now, Mr. Burgess, given you exhibit VB for identification.

MR. ALESSI: You recognize that document?

MR. ALESSI: And indeed that is the bio page that's published on Aperture's website.

MR. ALESSI: Now I would like you, sir, to turn to page two of that document.

MR. ALESSI: And I'd like to turn your focus to the bottom of the education heading. It states — am I correct, sir — BS mathematics and business administration. Is that correct?

MR. ALESSI: And there is no qualification that that's currently pending. It states BS in mathematics and business administration.

MR. ALESSI: And you do not have a bachelor of science in mathematics and business administration, do you?

MR. ALESSI: And if you click on the hyperlink for your CV on that same website, do you know where that hyperlink takes you?

MR. ALESSI: To any member of the public reading this, including a prosecutor, a defense attorney, a judge, or a jury, that represents that you received your bachelor of science in mathematics and business administration, does it not?

MR. ALESSI: Now, if you — you continue on to your photograph, are you familiar with Aperture's website that speaks about you and presents you generally?

MR. ALESSI: Are you aware that Aperture has two hyperlinks, one that says CV and one that says LinkedIn? Are you aware of that?

MR. ALESSI: And LinkedIn is a professional networking platform designed for career and business professionals to connect, share contacts, find jobs, et cetera. Is that a fair description of LinkedIn?

MR. ALESSI: And could we also conclude that it's a professional networking platform especially for private sector firms like Aperture that's used to attract clients or potential clients?

MR. ALESSI: And potential clients include, for example, the Commonwealth of the State of Massachusetts.

MR. ALESSI: Correct. And indeed, the Commonwealth is no longer, if you will, an attracted client, but it's an actual client of Aperture and you.

MR. ALESSI: Correct. And that's the status of the relationship here — Aperture is a vendor to the Commonwealth of Massachusetts in this case, right?

MR. ALESSI: So, is it fair to say that your CV, especially when it's published on LinkedIn or published on a website, is something that is published with the intent to have — especially if you're in the private sector — have clients view and retain your services?

MR. ALESSI: Yes, that is part of — Now, when you look at that document — when you click on — if you were to be in your office, and let's see if you're familiar with this — you click on your LinkedIn on Aperture's page, that would ordinarily take you directly to your professional LinkedIn account.

MR. ALESSI: Isn't that what the links are there for?

MR. ALESSI: Are you notified when someone electronically accesses your LinkedIn account? Not "accesses" —

MR. ALESSI: Are you referring to "viewing"?

MR. ALESSI: Yes. So you're notified. Were you notified within the last 72 hours that someone from the defense viewed your publicly available LinkedIn account?

MR. ALESSI: Are you aware that within the last 72 hours that hyperlink on Aperture's official website was disabled?

MR. ALESSI: Are you aware that now if you try to go on that link, you can't — that it's disabled?

MR. ALESSI: Do you know whether anyone from Aperture directed someone within Aperture to disable your LinkedIn account within the last 72 hours?

MR. ALESSI: Have you spoken to anybody at Aperture about your LinkedIn account?

MR. ALESSI: I'd like to move VB into evidence at this time.

MR. ALESSI: We are done with those. If I could ask those back.

MR. ALESSI: Thank you.

MR. ALESSI: Your honor, could I have the next one marked for identification at this point?

MR. ALESSI: Thank you. May I present to the witness?

MR. ALESSI: Mr. Burgess, I have presented to you what is marked as exhibit WW for identification. I'd ask that you take a look at it, take a fair amount of time, and then if you could, sir, pick your head up so I could see that you're ready.

MR. ALESSI: Okay. Do you recognize that document, sir?

MR. ALESSI: Your honor, I offer that into evidence.

MR. ALESSI: I am presenting to you what has been marked as exhibit WW for identification. Is that a fair and accurate representation of your personal LinkedIn page? If you could take a moment to take a look at that.

MR. ALESSI: Yes, your honor. Thank you.

MR. ALESSI: And we're going to get to that.

MR. ALESSI: But you recognize this as a fair and accurate depiction of your personal LinkedIn page with the exception of what you just mentioned.

MR. ALESSI: Did you draft that document that's represented as exhibit WW?

MR. ALESSI: And when was the last time you viewed that document on your LinkedIn page?

MR. ALESSI: Do you have any reason to believe that exhibit WW is not on your LinkedIn page online as we sit here today?

MR. ALESSI: Your honor, I move exhibit WW into evidence.

MR. ALESSI: Thank you. I would like to turn your attention to the printout of your personal LinkedIn page and go right to the second page, bottom, and under education. It says University of Alabama at Birmingham — it's got a little UAB acronym there — and it says Bachelor of Science, B.S., Applied Mathematics and Scientific Computation, 2016-2018. Do you see that, sir?

MR. ALESSI: That's not correct, is it?

MR. ALESSI: And you do not hold a B.S. in Applied Mathematics and Scientific Computation from the University of Alabama at Birmingham, do you?

MR. ALESSI: And that would have been at that time an expected graduation date — so it would be "expected" — you'd state that.

MR. ALESSI: Is that similar to "expecting"?

MR. ALESSI: But you know how to put "currently pursuing" down, don't you, sir? Because you did it on the first few CVs, but you don't have it on your LinkedIn page. Am I correct?

MR. ALESSI: And you said you get notifications when people access your LinkedIn page.

MR. ALESSI: So you know people are looking at your LinkedIn page. You know people are looking at your education, and you have down here 2016 to 2018. So that time period is seven years old from 2018. Yet you use the 2016 to 2018 on your LinkedIn page.

MR. ALESSI: Correct.

MR. ALESSI: Oh, so you believe you know apparently when people are looking at it and what they look at.

MR. ALESSI: Generally, correct. But you don't know who's looking at the education section on your LinkedIn page and relying upon what is represented here — that you have a bachelor of science in applied mathematics and scientific computation from the University of Alabama at Birmingham.

MR. ALESSI: Yeah, just independently of the LinkedIn page.

MR. ALESSI: And as you sit here today, that page is still live on your LinkedIn.

MR. ALESSI: Correct. So a key aspect of your credentials — whether or not you have obtained a bachelor of science — is incorrect in more than one document that I've presented here today. Correct?

MR. ALESSI: Well, it's incorrect in this one.

MR. ALESSI: Correct. And the one previously — so there are two documents that have you listed. May I approach, your honor?

MR. ALESSI: Thank you. So there are two documents, is there not, sir? Handing exhibits. And if I could have the previous one — so if you could hold that one, sir, and if I could — from you. Thank you. And exhibit 185, that's in evidence. If you can turn to the second page. So if you look at each of those — each of those states that you have a bachelor of science in mathematics and business administration. So there are two documents about your credentials that are inaccurate. Correct?

MR. ALESSI: May I have those back?

MR. ALESSI: Both.

MR. ALESSI: Yes. There you go. Thank you. May I approach, your honor?

MR. ALESSI: I have the next document marked for identification at this point.

MR. ALESSI: Hand it to the witness, your honor.

MR. ALESSI: Do you recognize that document, sir?

MR. ALESSI: Yes. You say it appears to be a CV. Can you describe that any further?

MR. ALESSI: Is that a CV you prepared, sir?

MR. ALESSI: I'm sorry, I didn't hear the end.

MR. ALESSI: Yourself or Aperture. Correct. But you had at a minimum a role in preparing that, did you not?

MR. ALESSI: Yeah. And you would have reviewed that because it's about you, before it would have been used by Aperture.

MR. ALESSI: You wouldn't let somebody put a CV up and out to the public without you reviewing it, would you, sir?

MR. ALESSI: But you're the only one who's going to know whether what's on it is accurate or not.

MR. ALESSI: Yes. So either way — either you prepared it yourself, or you interacted with somebody and explained it and collaborated with them to make sure it was right to the best of your ability.

MR. ALESSI: If you can look under education — the first line. It says right underneath B.G.S. — do you see that, sir?

MR. ALESSI: And then to the right it says Bachelor of General Science and Mathematics and Business Administration, University of Alabama, Birmingham, Alabama, 2022. Did I read that correctly?

MR. ALESSI: And up in the upper left-hand corner, there's a photograph.

MR. ALESSI: Is that you, sir, in the photograph?

MR. ALESSI: And in the spelling of your name — "Shanon" — that's with one N.

MR. ALESSI: And so that is not only you in the photograph — that's the spelling of your name with one N.

MR. ALESSI: And that's the correct spelling of your first name — with one N.

MR. ALESSI: So that's definitely you represented in this document.

MR. ALESSI: Now let's look at the first line that relates to education. It states bachelor of general science and mathematics and business administration.

MR. ALESSI: And the date is 2022.

MR. ALESSI: Correct. So this document represents that you received your bachelor of general science and mathematics and business administration in 2022.

MR. ALESSI: Yes. Correct. So let's go on. So this is the third example. Am I correct, sir? May I approach, your honor?

MR. ALESSI: At this time, I offer exhibit XX into evidence.

MR. ALESSI: Sir, is exhibit 187 a CV that is linked directly from Aperture's website?

MR. ALESSI: So as you sit here today, you are not able to state whether that CV is linked directly from Aperture's website.

MR. ALESSI: So this is a third example of a document that incorrectly states that you have a bachelor of science when you do not possess that degree.

MR. ALESSI: Well, when you say "outdated," how is it that you can call a date outdated next to something that you don't possess?

MR. ALESSI: Well, you just used the phrase "incorrect or outdated." I'm trying to understand your use of the word "outdated." So — isn't it? Either you have a bachelor of science degree or you don't.

MR. ALESSI: But in here it's represented that you do.

MR. ALESSI: Let's look at what the degree name is that is on these documents. It says Bachelor of General Science in Mathematics and Business Administration. Do you see that, sir?

MR. ALESSI: Are you aware that there's no degree at the University of Alabama, Birmingham called a Bachelor of General Science and Mathematics in Business Administration?

MR. ALESSI: So you would agree that there's not even a degree called Bachelor of General Science and Mathematics and Business Administration offered at the University of Alabama. Correct.

MR. ALESSI: And what you just articulated you do not possess as you sit here today.

MR. ALESSI: What you possess is an associates degree.

MR. ALESSI: And when did you obtain that associates degree?

MR. ALESSI: Are you familiar with the term mendacity?

MR. ALESSI: Are you familiar with a CV of 2015?

MR. ALESSI: Your honor, may I have this marked as the next exhibit for identification, please?

MR. ALESSI: Do you recognize that document, sir?

MR. ALESSI: Sir, do you recall ever pursuing — may I stand here and ask some questions, your honor?

MR. ALESSI: He can see it as well, your honor.

MR. ALESSI: Sir, do you recall when you started pursuing a bachelor of science degree of any kind?

MR. ALESSI: So you started pursuing a bachelor of science for the first time in 2008. Correct. If I did the math correctly, sir, you've been pursuing a bachelor of science degree for 17 years.

MR. ALESSI: And you have not obtained it as you sit here today.

MR. ALESSI: And yet there are the various documents that we've seen that state that you have obtained the bachelor of science.

MR. ALESSI: Yes. Errors or misinterpretation — you would agree those errors or misinterpretation have been in existence for some time.

MR. ALESSI: And they haven't been corrected for some time.

MR. ALESSI: You work for insurance companies, correct?

MR. ALESSI: But you work for insurance companies, correct?

MR. ALESSI: Well, you state that right in your report in this case, don't you, sir, that you work for insurance companies?

MR. ALESSI: And what role do you play in working for insurance companies? Are you working for them or are you working for the policy holders that have paid premiums or are making a claim to try to get money from an insurance company? Which role do you have?

MR. ALESSI: And in your work for the insurance company, has any of that work related to denying claims?

MR. ALESSI: May I, your honor?

MR. ALESSI: Are you familiar with the phrase academic dishonesty?

MR. ALESSI: Let's talk about your work on this case. In October of 2024, the Commonwealth hired you to perform a new data acquisition from the infotainment and telematic system of Ms. Read's Lexus SUV. Correct.

MR. ALESSI: And in your October 10, 2024 report, you outlined a proposal for attempting to extract additional data from the telematics and infotainment modules.

MR. ALESSI: So, we'll call it a proposal. In that proposal, you explained why in your opinion you believed an additional data acquisition was necessary based on your words, education, training and background. Correct.

MR. ALESSI: When you prepared your proposal, you had access to the manufacturing specifications of the chips in question. Correct.

MR. ALESSI: You were under no critical deadlines to get the work done. Correct.

MR. ALESSI: In your initial October 10, 2024 report, you explained that you believed the data acquisition was incomplete because in your opinion, based on your education, again, your words, training, and experience, the download of the acquisition was less than the chip's storage capacity. Correct.

MR. ALESSI: And converting megabytes to megabits and gigabytes to gigabits is a basic digital forensic concept and that concept is critical to successful data acquisition and analysis. Fair statement.

MR. ALESSI: In your initial report, you stated that the December 2023 data acquisition from the expansion chip from the infotainment module was incomplete because the acquisition was only 8 megabytes in size even though the chip has a storage capacity of 64 megabytes. Correct?

MR. ALESSI: And that's your October 10, 2024 report. Correct.

MR. ALESSI: Well, was it proposal or protocol?

MR. ALESSI: Protocol. We'll use protocol. And you blame this on the quote programmer's inability to fully read the component close quote. Correct.

MR. ALESSI: In point of fact, the manufacturing specifications establish that the total flash memory component of the chips in question is equal to 64 megabits not 64 megabytes. Correct.

MR. ALESSI: 64 megabits is 8 megabytes. Correct.

MR. ALESSI: That means the expansion chip was not incomplete. Correct.

MR. ALESSI: The acquisition was the same data size as the total memory storage capacity of the chip. Correct.

MR. ALESSI: Your protocol for data acquisition was based on a misunderstanding of megabits versus megabytes. Correct.

MR. ALESSI: And that was your misinterpretation.

MR. ALESSI: You mentioned Ms. Gaffney in your direct testimony. Do you recall that, sir?

MR. ALESSI: She successfully acquired 8 megabytes of data from that expansion chip during the December 2023 chip-off. Correct.

MR. ALESSI: And that wasn't your only conversion mistake in your October 10, 2024 report, was it?

MR. ALESSI: You stated in your report that the data acquisition of the Micron JWB57 was incomplete because the acquisition was only 540 MB in size. But the storage capacity was 4GB — and that's stated in your October 10, 2024 report. Correct.

MR. ALESSI: Protocol. The Micron JWB57 chip is a 4 gigabit flash memory component, not a 4 gigabyte flash memory component as you incorrectly stated in your protocol.

MR. ALESSI: So contrary to your assertion in the report, 4 gigabits is equal to 500 megabytes, which suggests that all the available data was successfully retrieved from this chip during the first acquisition by Ms. Gaffney. Correct.

MR. ALESSI: So Ms. Gaffney was not in error on that. She did not make a mistake on that.

MR. ALESSI: Right. It was you that simply misunderstood the difference between gigabits and gigabytes.

MR. ALESSI: You misinterpreted the difference between gigabits and gigabytes. Correct.

MR. ALESSI: At that time, you got that wrong in lay person's terms.

MR. ALESSI: You stated in your report that — and I'm going to have to give an alphanumeric number because I know in digital forensics it's important to be precise and accurate, so bear with me, sir. You stated in your report that the Micron 29F2G8AEA is a two gigabyte chip and that the acquisition should have been 2 gigabytes but was incomplete because it was only 264 MB in size. Correct.

MR. ALESSI: And the Micron — and I'm just going to refer back to the number to not repeat it — the long alphanumeric number is a 2 gigabit flash memory component, not a 2 gigabyte flash memory component as you incorrectly stated in your protocol. Correct.

MR. ALESSI: So 2 gigabits is equal to 250 megabytes. Correct.

MR. ALESSI: And that suggests that all available data was successfully retrieved during the first acquisition by Ms. Gaffney. Correct. From those chips.

MR. ALESSI: Right. Your opinion was again incorrect and was based on a misunderstanding of gigabits and gigabytes.

MR. ALESSI: A misinterpretation. In lay person's terms, you got that wrong also.

MR. ALESSI: Did you have that protocol peer-reviewed, sir?

MR. ALESSI: Was it peer-reviewed by anybody at Aperture?

MR. ALESSI: Did you have a supervisor review that protocol before you filed it with the court?

MR. ALESSI: You submitted your proposal based on your education, background and experience. Correct.

MR. ALESSI: Turns out that the entire foundation of your proposal was based on a fundamental misinterpretation of the difference between a computer bit and a computer byte. Correct.

MR. ALESSI: You got conversions wrong with respect to analyzing three different chips. Correct.

MR. ALESSI: And since you wrote that, have you learned the difference between a bit and a byte?

MR. ALESSI: You learned that in this case from reading the affidavit of an expert for the defense who pointed out those errors before you submitted your supplemental report. Isn't that correct?

MR. ALESSI: Are you certain of that?

MR. ALESSI: Isn't it the case that the expert for the defense submitted his affidavit before you submitted your supplemental report?

MR. ALESSI: Do you know that?

MR. ALESSI: You don't know one way or another.

MR. ALESSI: And that person that I've referred to for the defense is Matthew DiSogra. You know that name?

MR. ALESSI: And you have read Mr. Dogra's affidavit in this case, have you not, sir?

MR. ALESSI: And you would agree that he pointed out these misinterpretations of yours in his affidavit.

MR. ALESSI: I would like to go back to your January 30th, 2025 report. One moment, your honor, please. Thank you. May I proceed, your honor?

MR. ALESSI: Thank you. In your January 30th, 2025 report — you know which one I'm referring to, sir?

MR. ALESSI: Am I correct that you indicated that at the time of this quote "incident," Berla did not offer support for the infotainment and telematics modules removed from the Lexus, but have since released updated software according to similar modules that are supported by in-vehicle acquisition.

MR. ALESSI: And the infotainment module that was removed from Miss Read's Lexus is consistent with the MMU — you know what I'm referring to in the MMU, right — is consistent with the MMU documented by Berla and has been identified as containing an internal micro SD card not acquired during the initial chip-off acquisition by Miss Gaffney. You remember that statement in that report, sir?

MR. ALESSI: You obtained no additional information from the chips that were already analyzed by Miss Gaffney, did you?

MR. ALESSI: That you obtained no additional information, right?

MR. ALESSI: Yes. No data of value. So all the data of value — Miss Gaffney had already obtained from those chips.

MR. ALESSI: Fair enough. So Miss Gaffney didn't miss anything of value.

MR. ALESSI: Do you know how much the Commonwealth has paid Aperture to date for doing the work in this case?

MR. ALESSI: Do you have any involvement at all in knowing what the contract is between Aperture and the Commonwealth?

MR. ALESSI: Have you ever had any discussions with any colleagues from Aperture with regard to how much Aperture has been paid in this case?

MR. ALESSI: Do you have an estimation as to how much Aperture has been paid in this case?

MR. ALESSI: You've never had any discussion with anybody at Aperture about the fees Aperture has charged the Commonwealth in this case?

MR. ALESSI: Who in Aperture is in charge of knowing how much fees Aperture has charged the Commonwealth?

MR. ALESSI: Would Dr. Judson Welcher know?

MR. ALESSI: Your analysis — I want to move on to another category. Sir, your analysis in this case was not strictly limited to data and science, was it?

MR. ALESSI: The Commonwealth requested that you review numerous materials in connection with your analysis in this case.

MR. ALESSI: You did not review the January 29th, 2022 — well, let me put it this way. Did you review the January 29th, 2022 CARS report prepared by Trooper Paul?

MR. ALESSI: Do you know what a CARS report is?

MR. ALESSI: Just — I'll reword. Are you familiar with collision analysis and reconstruction reports prepared by law enforcement agencies?

MR. ALESSI: Do you know that a CARS report was prepared by Trooper Paul for this case?

MR. ALESSI: If there was a collision analysis and reconstruction report prepared by a trooper in that case, would you want to see a document such as that?

MR. ALESSI: Would somebody at Aperture want to see that document?

MR. ALESSI: Have you ever used one in your analysis at all?

MR. ALESSI: You've seen them. And my question is — seeing them, have you ever read any of them?

MR. ALESSI: Have you ever considered a collision analysis and reconstruction report as part of the work that you do at Aperture?

MR. ALESSI: Are you aware of a supplemental collision analysis and reconstruction report of Trooper Paul of the Massachusetts State Police dated July 24, 2024?

MR. ALESSI: Do you know whether Trooper Paul is part of the Massachusetts State Police reconstruction team?

MR. ALESSI: And lastly, do you know whether he's part of the reconstruction team in this case?

MR. ALESSI: Did anybody tell you to avoid reviewing a collision analysis and reconstruction report in this case?

MR. ALESSI: You did however review the 2024 testimony of Trooper Nicholas Gino in the proceeding of last year, didn't you?

MR. ALESSI: So that's not really science and data, is it? It's testimony.

MR. ALESSI: So you did review materials in this case beyond science and data.

MR. ALESSI: You reviewed testimony.

MR. ALESSI: Having reviewed Trooper Gino's testimony, you therefore are aware of the theory that he proposed in the first proceeding.

MR. ALESSI: So did you read all of the testimony?

MR. ALESSI: You would have skimmed the testimony.

MR. ALESSI: And what would be the purpose to just skim it?

MR. ALESSI: So — I want to make sure I have this right. So you would skim it. You would look for what you are focused on. And as you sit here today, you don't have any recollection of what the theory of the Commonwealth was in the first proceeding.

MR. ALESSI: [unintelligible] Jurors, we're just waiting a minute for something before we can proceed. Feel free to stand up and stretch if you'd like. Trying to do this without having to call back. Excuse me.

MR. ALESSI: Do you recall Trooper Gino as part of what you reviewed? So you reviewed certain things of Trooper Gino in his testimony.

MR. ALESSI: And in your direct testimony, you testified extensively about the iPhone of John O'Keefe.

MR. ALESSI: And you looked at and testified about a lot of information from the phone of John O'Keefe. Is that a fair statement?

MR. ALESSI: Did you read therefore Trooper Gino's claim that the last —

MR. ALESSI: If there's not, there's not. It would be a bit incongruous, your honor, but I can do it if your honor would like.

MR. ALESSI: I will go check. Thank you very much. Pardon me. [unintelligible] May I approach, your honor?

MR. ALESSI: I will show this to Mr. Brennan first, and then if the court would like to see it.

MR. ALESSI: May I approach, your honor?

MR. ALESSI: Thank you. May I have this marked as the next exhibit for identification, please, your honor?

MR. ALESSI: May I, your honor?

MR. ALESSI: Thank you, sir. I'm handing you what has been marked as exhibit ZZ for identification. Ask you to take a moment to look at it, please. When you've had a fair opportunity to look at it, if you could pick your head up, sir, and I'll proceed at that time.

MR. ALESSI: So, I'm going to just ask one predicate question and then ask you another question.

MR. ALESSI: Does exhibit ZZ contain — and if you just answer this yes or no, that would be great — does it contain location data information?

MR. ALESSI: That's the only one I have for that purpose. Does it, sir?

MR. ALESSI: Did you consider this part of Trooper Gino's testimony in any review that you've done in this case?

MR. ALESSI: Thank you, sir.

MR. ALESSI: We're going to move on now to another topic, sir. On December 5th — December 5th, 2024 — Detective Lieutenant Brian Tully, you know that name, sir?

MR. ALESSI: How do you know that name?

MR. ALESSI: Exactly. So he delivered the infotainment module — the telematics — containing the SD card that you talked about on direct examination, so that you could attempt to reinstall it in Miss Read's vehicle for an in-vehicle acquisition attempt.

MR. ALESSI: Correct. That day you initially attempted an in-vehicle acquisition, meaning you reconnected the infotainment module to the face plate in Miss Read's vehicle and reinstalled both the infotainment and the telematics module for an in-vehicle unlock and acquisition.