Trial 2 Trial Day
◀ Day 22 Trial 2 Day 24 ▶

Day 23 - May 29, 2025

Judge Beverly J. Cannone · Trial 2 · 5 proceedings · 541 utterances

Day 23 of 36
Appearing:

The Commonwealth rests its case after completing Dr. Welcher's testimony; defense cross-examination secured key concessions undermining his VCH analysis and scientific methodology.

Full day summary

Day 23 opened with a procedural ruling barring the defense from cross-examining Dr. Welcher on conflicts between his work and those of Trooper Paul and Dr. Scordi-Bello. Alessi's continued cross then extracted significant concessions: Welcher used different Ring cameras at One Meadows without documenting the change, measured suspension height two days after the incident, and — most consequentially — acknowledged that TechStream data records acceleration events, not collisions, meaning the vehicle data cannot independently confirm a pedestrian strike occurred. Prosecution redirect attempted rehabilitation, arguing the camera swap would have produced visible errors and that vehicle sensor data is objective. Recross closed Welcher's three-day testimony by demanding he identify any document in his 130-slide presentation showing analysis of the alternative hypothesis — no contact — which he could not produce. The day concluded with ADA Brennan formally announcing the Commonwealth rests, preceded by playing a recorded clip of Karen Read speculating whether she had struck O'Keefe.

  • Judge Cannone bars defense from cross-examining Welcher on contradictions with Trooper Paul's CARS analysis and Dr. Scordi-Bello's undetermined manner of death ruling.
  • Welcher concedes that TechStream's VCH trigger records acceleration events, not collisions — the confirmed Lexus-Traverse impact at One Meadows did not register a VCH event.
  • Alessi establishes Welcher used two different Ring camera models for photogrammetry without obtaining model numbers or measuring the positional difference between them.
  • Alessi demands Welcher identify a single document showing analysis of the no-contact hypothesis; Welcher cannot, undercutting his null hypothesis claim.
  • ADA Brennan announces the Commonwealth rests, ending the prosecution's case-in-chief after playing Karen Read's recorded speculation about whether she could have struck O'Keefe.
Judson Welcher
“No, the impact didn't register the event. As I pointed out, the trigger — the trigger was from when the accelerator pedal went to 30%... So, the TechStream will never register an event even if you hit a wall at 100 miles an hour — necessarily.”
Welcher's acknowledgment that TechStream cannot confirm a collision occurred is the most damaging concession of his testimony, directly undermining the prosecution's vehicle data theory.
Robert Alessi
“Can you point to one document that shows that you analyzed whether there was no contact between the Lexus and Mr. O'Keefe? Point to one document.”
Alessi's demand for documentary evidence of alternative hypothesis analysis defines the day's closing argument — that Welcher's claimed scientific rigor was never recorded or presented to the jury.
Karen Read
“So I thought, could I have run him over? Did he try to get me as I was leaving and I didn't know it?”
The prosecution chose Karen Read's own recorded speculation about hitting O'Keefe as the final image left with the jury before resting its case.

Procedural - Scordi-Bello Ruling

Judge Cannone rules against the defense's request to cross-examine Dr. Welcher about Trooper Paul's CARS analysis and Dr. Scordi-Bello's autopsy conclusions.

Procedural
Procedural - Scordi-Bello Ruling
30 utt.

Defense attorney Alessi argued that Dr. Welcher adopted Trooper Paul's work by using his odometer reading (12,665 miles) as the foundation for his entire VCH event analysis, and adopted Dr. Scordi-Bello's autopsy report by incorporating her findings into his slide presentation (slide 131). Alessi contended the defense had a Sixth Amendment right to cross-examine Welcher on these materials. ADA Brennan responded that the defense was attempting to introduce inadmissible opinions of non-testifying witnesses through Welcher, arguing Welcher conducted independent analysis and did not rely on either Trooper Paul's conclusions or Scordi-Bello's undetermined manner of death determination. Judge Cannone ruled against the defense on both issues, barring the lines of questioning regarding Trooper Paul and Dr. Scordi-Bello.

Judson Welcher - Cross (Part 2)/Redirect/Recross

Defense attorney Alessi continues challenging expert Dr. Judson Welcher on photogrammetry methodology and vehicle sensor data interpretation. Prosecutor Brennan's redirect and Alessi's recross dispute whether the evidence proves collision occurred.

Cross
Judson Welcher Robert Alessi
443 utt.

Defense attorney Robert Alessi resumes cross-examination of Dr. Judson Welcher, focusing on four main areas. First, Alessi establishes that Welcher cannot connect glass found on the Lexus bumper to the broken glass found near O'Keefe's body, and that forensic testing was inconclusive. Second, Alessi conducts an extended challenge of Welcher's photogrammetry work at One Meadows, revealing that the Ring camera used in October 2024 was a different model than the one present on January 29, 2022, that Welcher never measured the positional difference between cameras, never obtained camera model numbers, and never documented key parameters like the principal point or lens distortion differences. Third, Alessi challenges Welcher's vehicle alignment analysis by questioning the Lexus's adjustable suspension system — establishing that Welcher used suspension height measurements from two days after the incident and did not know the actual suspension setting on the night in question, despite a potential 5-inch range. Finally, Alessi elicits that of 18 prior VCH events recorded on Read's Lexus, none were collisions, and that the confirmed low-speed collision with O'Keefe's Traverse at One Meadows did not register a VCH event — while Welcher's theory relies on VCH data from the alleged 34 Fairview incident. Welcher concedes that TechStream does not register collisions at all, only excessive acceleration, steering, or braking events.

Redirect
Judson Welcher Hank Brennan
34 utt.

Prosecutor Hank Brennan conducts a focused redirect examination of Dr. Judson Welcher addressing key points raised during Alessi's cross-examination. Brennan establishes that the Ring camera replacement at 1 Meadows does not affect Welcher's photogrammetry conclusions because any error would have been visible when overlaying point clouds onto video. Welcher confirms no evidence the Lexus suspension was changed, no evidence his presentation was photoshopped, and that he never used encrypted apps like Signal to communicate with the Norfolk County DA's office. Brennan then has Welcher explain that the force calculations raised during cross used hypothetical variables rather than case-specific ones, and that load distribution matters — broad contact from a tail light panel differs fundamentally from narrow-point contact. The redirect concludes with Welcher walking through TechStream data on slide 33, confirming that shift position, vehicle speed, and 74% acceleration readings are objective electronic sensor data that cannot suffer from confirmation bias.

Recross
Judson Welcher Robert Alessi
24 utt.

Defense attorney Robert Alessi uses recross to undercut the confirmation bias rebuttal Brennan established on redirect. While Brennan had Welcher testify that TechStream data on slide 33 is objective sensor data immune to confirmation bias, Alessi pivots: he gets Welcher to confirm that the TechStream trigger data does not indicate whether a collision even occurred, then shifts to Welcher's claim of starting from a null hypothesis. Alessi asks Welcher to identify a single document or slide in his 130-slide presentation that analyzes the alternative hypothesis of no contact between the Lexus and O'Keefe. Welcher cannot. Alessi closes by pressing on the concept of 'showing your math' — documenting rejected hypotheses to demonstrate absence of confirmation bias — which Welcher does not embrace. The witness is then excused after spanning testimony across three trial days.

Commonwealth Rests

The Commonwealth formally rests its case in Trial 2 after playing a final video clip of Karen Read's recorded statements, followed by Judge Cannone dismissing the jury for the day.

Procedural
Commonwealth Rests
10 utt.

After playing a final video clip (Clip 26) in which Karen Read describes her thoughts about whether she could have hit John O'Keefe with her car, ADA Brennan formally announced that the Commonwealth rests. Judge Cannone informed the jury that the Commonwealth's case had been fully presented for their consideration. Following a sidebar with counsel, the judge dismissed the jury for the day, instructing them to return at 9:30 the next morning instead of 9:00, noting the court was ahead of schedule. Judge Cannone asked defense attorney Little to submit materials within the hour.

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