Trial 2 Trial Day
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Day 19 - May 20, 2025

Judge Beverly J. Cannone · Trial 2 · 5 proceedings · 1,770 lines

Day 19 of 36
Appearing:

The Burgess examination ends with a Texas federal CV filing containing an acknowledged educational-line error; Burgess says he did not file or see it. Hanley begins glass testimony, believing six scene pieces fit a drinking cup.

Full day summary

Day 19 opened with Robert Alessi completing his cross-examination of digital forensics expert Shanon Burgess. The timeline slides were correctly dated January 30; Burgess said that, if he had previously said January 29, he had misspoken. Alessi challenged Burgess's use of a three-point-turn synchronization anchor, which Burgess said was the adjustment the data allowed to place the TechStream event after O'Keefe's last phone interaction. Hank Brennan's redirect addressed Burgess's credentials and elicited his disagreements with parts of defense expert Dogra's clock-variance analysis. On recross, Alessi introduced a Texas federal filing containing a CV line Burgess described as an error and lacking a 'currently pursuing' qualifier; Burgess acknowledged that an incorrect statement about his educational background was filed. On re-redirect, Burgess said he had neither submitted nor seen the document before filing. The court then heard the opening of Christina Hanley's direct examination, in which she said she believed six glass pieces from 34 Fairview Road mechanically fit the broken drinking glass and reported no physical match for the two bumper-glass pieces used in that comparison.

  • Alessi establishes that Burgess's three-point-turn synchronization method was the only approach that could place the TechStream backing event after O'Keefe's last phone interaction, arguing confirmation bias.
  • On recross, Burgess acknowledges that a Texas federal filing contained an incorrect education line; on re-redirect, he says he did not submit or see the document before filing.
  • Alessi contrasts the Texas filing's missing 'currently pursuing' qualifier with CVs filed in the Karen Read case; Burgess says he neither submitted nor saw the Texas document before it was filed.
  • Brennan counters Dogra's clock variance analysis through Burgess, arguing Dogra's call logs compared two iPhones rather than the Lexus infotainment clock to O'Keefe's phone.
  • Hanley says she believed six glass pieces from 34 Fairview Road mechanically fit the drinking glass, while no physical match was found for the two bumper pieces used in that comparison.
Robert Alessi
“Choosing the three-point turn as the independent data source is the only way you could ever get the text stream event to even possibly occur after the lock event on Mr. O'Keefe's phone. Correct.”
Alessi's core confirmation bias argument — framing Burgess's entire May 8 methodology as reverse-engineered to reach a predetermined conclusion — is the defining attack of the day's extended Burgess examination.
Shanon Burgess
“Correct. Yes, it was.”
Burgess's acknowledgment that a Texas filing contained an incorrect education line supplied a focused impeachment point; on re-redirect, he said he had neither submitted nor seen the document before filing.
Christina Hanley
“there were, I believe, six pieces of glass from item 7-12 that fit mechanically to the cup that was also recovered from the road, item 3-2.”
Hanley's testimony that she believed six scene-glass pieces mechanically fit the drinking glass marks the day's transition from contested expert impeachment to new physical evidence; her no-match finding covered two bumper pieces used for that comparison.
Video thumbnail for Day 19 — Burgess (Redirect), Hanley 6h 58m
Watch this day Day 19 — Burgess (Redirect), Hanley Watch with synced transcript →

Shanon Burgess — Redirect

Redirect testimony addressed Burgess's credentials and corrections, then discrete disputes with Dogra's timing analysis and his stated overlap of phone activity with the adjusted Techstream data-end window.

Redirect
Shanon Burgess Hank Brennan
681 lines

Hank Brennan's redirect addressed Burgess's credential representations, correction timeline, and disagreements with parts of Dogra's clock-variance analysis. Burgess distinguished early call rows recorded while the Lexus was off, which he said reflected iPhone-to-iPhone times, from later powered-on infotainment-to-iPhone comparisons; he said he agreed with a 5:00 a.m. calculation but considered it temporally distant from 12:30, and separately said GPS point 154 preceded the three-point turn. Burgess reaffirmed a 21-to-29-second variance and testified that the 12:32:09 last user interaction fell within the adjusted Techstream data-end range of 12:32:04 to 12:32:12; he said the end of the recorded data did not establish the end of the backing maneuver.

Shanon Burgess — Cross (Part 2)

Alessi cross-examined Burgess on the January 30 timelines, disputed timing methods and Dogra chart, phone-activity distinctions, TechStream trigger limits, and Berla's later in-vehicle acquisition support.

Cross
Shanon Burgess Robert Alessi
723 lines

Robert Alessi continued his cross-examination of Shanon Burgess, focusing on three areas. First, Alessi questioned Burgess about whether his prior oral discussion matched the correctly dated January 30 timeline slides. Burgess said the timelines were correct, acknowledged that events after midnight were on January 30, and stated that, if he had said January 29 in his prior discussion, he had misspoken. Second, Alessi challenged Burgess's May 8 supplemental-report methodology, arguing that Burgess abandoned discrete call-log clock-variance data for an approximate three-point-turn synchronization that could place TechStream event 11622 after the phone lock. Alessi introduced defense expert Dogra's chart (Exhibit 190), which presented calculations placing the event before the phone lock; Burgess said those calculations were inaccurate. Alessi also addressed iPhone data: Burgess identified the device lock as user interaction, agreed that the reported steps were human activity, and distinguished both steps and pocket state from user interaction per se. Third, Alessi asked Burgess to assume 30 TechStream trigger events over eight months; Burgess answered that the premise would not support concluding there had been 30 collisions. Alessi also revisited Burgess's criticism of Maggie Gaffney's chip-off work. Burgess explained that later Berla software supported in-vehicle acquisition from the infotainment module, not the micro SD card on the circuit board.

Shanon Burgess — Redirect/Recross

Burgess's CV testimony closes with recross and re-redirect, followed by three Karen Read interview clips played and admitted as Exhibit 194.

Recross
Shanon Burgess Robert Alessi
160 lines

Robert Alessi conducted recross-examination of Shanon Burgess focused on a federal filing in the Eastern District of Texas. Alessi introduced Exhibits EE and FF from Glover v. Graphic Packaging International, which contained Burgess's CV listing a 'Bachelor of General Science in Mathematics and Business Administration' and lacked a 'currently pursuing' qualifier. Burgess said the listed degree title did not exist, described the title as an error, explained that BGS stood for Bachelor of General Studies with minors in mathematics and business administration, and said the 2024 date was an expected graduation date. After Alessi stated that an incorrect statement about Burgess's educational background was filed in federal court, Burgess agreed. The exchange followed Burgess's answer that he was not aware of a court filing in which his educational background had been misrepresented. On re-redirect, Burgess said he had neither submitted nor seen the document before it was filed. Alessi contrasted the Texas CV with CVs filed in the Karen Read case that included 'currently pursuing.'

Redirect
Shanon Burgess Hank Brennan
31 lines

Hank Brennan's re-redirect focused entirely on rehabilitating Shanon Burgess after Alessi's recross impeachment regarding the Texas federal court filing. Brennan established that Burgess did not submit the document to the federal court himself and had never seen it before it was filed on his behalf. Brennan elicited that since the document listed a 2024 degree date but was filed in 2023, Burgess's expectation at the time was that he would complete his degree in 2024, and when he did not, he updated his CV to read 'currently pursuing.' Burgess maintained he never represented to any court that he held a degree he had not earned. Two prosecution questions were sustained on objection, including an attempt to argue the CV issue was irrelevant to Burgess's data opinions.

+1 procedural segment

Christina Hanley — Direct (Part 1)

Christina Hanley begins her glass comparison testimony, describing a tentative scene-to-cup mechanical fit and a no-match finding for two selected bumper pieces.

Direct
Christina Hanley Adam Lally
167 lines

Christina Hanley, a forensic scientist 3 and unit supervisor at the Massachusetts State Police Crime Lab's Trace Arson and Explosives Unit, was sworn and qualified through testimony about her education, training, proficiency testing, laboratory accreditation, analytical methods, and contamination controls. She identified a broken drinking glass (item 3-2), five bumper-glass pieces labeled A-E (item 3-3), nine scene-glass pieces (item 7-12), and one road-glass piece (item 7-14). Before adjournment, Hanley said she believed six item 7-12 pieces mechanically fit the drinking glass and reported no physical match for the two item 3-3 pieces selected for physical-match comparison. In the approved Day 20 continuation, she confirmed six and identified the matching item 7-12 pieces as A, B, C, D, F, and K. She also identified item 3-3 pieces A and B as the no-physical-match subset, said C, D, and E were not used for physical match because of size and condition, and separately reported that sampled piece E was consistent with item 7-14 in physical and instrumental properties.

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