Trial 2 Trial Day
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Day 23 - May 29, 2025

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

Day 23 of 36
Appearing:

The Commonwealth rests after Welcher's testimony. Cross and recross address Ring-camera photogrammetry, TechStream's collision limits, and whether a no-contact alternative appeared in materials shown to the jury.

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 challenged Welcher's use of different Ring cameras at One Meadows without model numbers or a direct placement measurement; Welcher testified that reverse-camera analysis, scene scans, overlays, and error reporting checked for resulting error. Alessi also established that Welcher measured suspension height two days after the incident and, most consequentially, that TechStream records acceleration events rather than collisions, so the vehicle data cannot independently confirm a pedestrian strike occurred. Prosecution redirect further elicited Welcher's testimony that a camera-related error would have been visible in point-cloud overlays 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 shown to the jury that expressly presented the no-contact alternative, which he could not. 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 asks Welcher to identify a slide or document shown to the jury that expressly presented the no-contact alternative; Welcher cannot identify one, challenging his null-hypothesis explanation.
  • 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 explains that the TechStream trigger reflected throttle activity rather than the impact and that TechStream does not register crashes.
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 asks Welcher to identify a slide or document shown to the jury that expressly presented the no-contact alternative. Welcher answers no after explaining that he did not include every test or eliminated hypothesis in the presentation.
Video Playback
“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's final evidence before resting was a courtroom playback of a recording attributed to Karen Read, in which she speculated about whether she had struck O'Keefe.
Video thumbnail for Day 23 — Welcher (Cross/Recross) 3h 1m
Watch this day Day 23 — Welcher (Cross/Recross) Watch with synced transcript →

Procedural — Scordi-Bello Ruling

Procedural ruling: after competing arguments, Judge Cannone barred defense questioning of Dr. Welcher about Trooper Paul's CARS material and Dr. Scordi-Bello's autopsy opinions.

Procedural
Procedural - Scordi-Bello Ruling
30 lines

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

Alessi continues challenging 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 lines

Defense attorney Robert Alessi resumes cross-examination of Dr. Judson Welcher, focusing on four main areas. First, Alessi establishes that Welcher cannot conclusively connect glass found on the Lexus bumper to the broken glass near O'Keefe's body. Welcher testified that he had read reports, recalled the result as inconclusive, and did not personally perform a materials comparison; he acknowledged apparently not reading all reports. Second, Alessi challenges Welcher's photogrammetry work at One Meadows, eliciting that the October 2024 Ring camera was different from the January 2022 camera, that Welcher lacked model numbers and a direct measurement of their positional difference. Welcher responded that videos from both cameras, scene scans, reverse-camera analysis, point-cloud overlays, and the photogrammetry error report supported his work. Third, Alessi questions the Lexus's adjustable suspension system. Welcher did not know the January 29, 2022 setting and used photographs from two days later as the closest available source, assuming a match; he recalled an adjustment range of about one and a quarter inches and said he would need to double-check Alessi's suggested five-inch figure. Finally, Alessi establishes that Welcher had not analyzed the 18 prior VCH events and had not concluded they were collisions, while the One Meadows Lexus-Traverse contact did not trigger a VCH event. Welcher testified that TechStream does not register crashes: the event at issue was triggered by throttle behavior, and TechStream could not identify whether or when an impact occurred.

Redirect
Judson Welcher Hank Brennan
34 lines

Prosecutor Hank Brennan conducts a focused redirect examination of Dr. Judson Welcher addressing 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 testifies that he had no information the Lexus suspension was changed, while the January 29 suspension height or setting remained unmeasured. Welcher confirms no evidence his presentation was photoshopped and says 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 from narrow-point contact. The redirect concludes with Welcher identifying slide 33's shift position, reported vehicle speed, and 74% acceleration as direct electronic readings; he notes the reported speed requires a later slippage correction, and the raw readings do not themselves establish a collision or resolve broader interpretive questions.

Recross
Judson Welcher Robert Alessi
24 lines

Defense attorney Robert Alessi used recross to return first to the distinction between TechStream trigger data and whether a collision occurred, then to Welcher's claimed null-hypothesis method. Welcher said he began with a no-contact hypothesis and had performed testing that eliminated hypotheses but was not included in the presentation. When Alessi narrowed the question to whether any slide or document presented to the jury expressly showed the no-contact alternative, Welcher answered no. Alessi then pressed the value of showing rejected hypotheses when addressing confirmation bias. The witness was excused after testimony spanning three trial days.

Commonwealth Rests

Trial 2 reaches a procedural turn: after Clip 26 containing Karen Read's recorded statements, Brennan announces that the Commonwealth rests, and Cannone explains the transition before dismissing the jury for the day.

Procedural
Commonwealth Rests
10 lines

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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