Day 22 - May 28, 2025

Judge Cannone delivers her ruling on Dr. Judson Welcher's expert testimony. She permits him to testify that the Lexus data and damage are consistent with a collision on January 29th at 12:32 a.m., and that O'Keefe's injuries are consistent with being struck by a physically identical Lexus. However, she bars Welcher from testifying that Read's specific Lexus collided with O'Keefe, finding that conclusion relies on inference beyond scientific methodology — an inference the jury is equally positioned to draw. Brennan and Alessi then resolve a dispute over exhibit slides 131 and 132, confirming that a previously struck slide can be revisited with a corrected heading. The jury enters and Judge Cannone conducts the standard morning inquiry.

Prosecutor Hank Brennan concludes direct examination of Dr. Judson Welcher. Welcher testifies that his three arm-to-tail-light contact tests left no paint transfer, and that tail light damage is consistent with a collision at speeds greater than approximately 8 mph. He offers his opinion that O'Keefe's arm lacerations and head injuries are consistent with being struck by a Lexus and falling onto a hard frozen surface on January 29, 2022. Welcher then provides extended testimony on sideswipe versus direct pedestrian impacts, explaining that glancing contacts involve incomplete momentum transfer and can produce severe upper body injuries without lower extremity fractures. He presents a prior case from Los Angeles — a 25-35 mph fatal pedestrian impact that produced arm lacerations, brain injury, and rib fractures but no leg fractures — as an analogue. Brennan moves Welcher's PowerPoint presentation into evidence.

Prosecutor Hank Brennan conducts a brief redirect examination of Dr. Judson Welcher, limited to two minutes by the judge. Brennan addresses two points raised during cross-examination. First, Brennan asserted that the Fairview Road photograph came from the CARS report rather than Trooper Paul; Welcher said he had no idea of its provenance and had simply been given it in a folder. Welcher testified that he did not use Paul's report, analysis, or conclusions and used the photograph only for a different demonstrative issue. Second, Welcher described the components of Dr. Scordi-Bello's autopsy information he considered: skull-fracture and injury descriptions, and blood, trauma, and hypothermia. He denied using Scordi-Bello's conclusions about whether the death was accident, undetermined, or homicide as part of his collision opinion.

In a brief recross, defense attorney Robert Alessi questioned Dr. Welcher about the autopsy-report material included on slide 130 of his presentation. Welcher said he considered portions of the report that he included, including part of the final diagnosis. He explained that the highlighted material was what he considered important and distinguished the final diagnosis from the separately listed cause and manner of death. Alessi then asked whether the highlighted portions from the autopsy report were considered, and Welcher answered, "Correct."