Day 24 - May 30, 2025

Alan Jackson presents a Rule 25(a) motion for required finding of not guilty, arguing the Commonwealth proved no collision at 34 Fairview Road on January 29, 2022. He emphasizes the absence of eyewitnesses, the lack of physical evidence of a vehicle strike found by Dr. Scordi-Bello, and the biomechanics expert's admission that there was insufficient evidence to recreate the impact. Jackson highlights Jennifer McCabe's testimony that she watched the SUV the entire time and never saw it reverse, and points to alternative evidence of a physical altercation inside the home. ADA Brennan responds that evidence of intoxication and collision is abundant, citing taillight fragments in O'Keefe's clothing, telematics and Apple Health data, Read's own statements about hitting or clipping O'Keefe, and the backing maneuver at 24 mph. Judge Cannone denies the motion as to all three counts.

Matthew DiSogra, director of engineering for EDR services at Delta V Forensic Engineering, testified as a defense expert reviewing the clock alignment analyses performed by Shanon Burgess and Judson Welcher of Aperture LLC. DiSogra explained that Burgess's January 2025 report calculated seven phone-call-based clock offsets but never applied them to determine the timing relationship between Techstream event 1162-2 and the lock event on John O'Keefe's phone. DiSogra applied all offsets himself and found the phone lock always occurred after the vehicle event. He also noted Burgess identified a 3-second key-on delay in exemplar testing but never applied it. When Burgess issued a supplemental May 2025 report using a three-point turn alignment method, the range expanded to 30 possible scenarios: 25 positive (phone lock after), 2 simultaneous, and 3 negative. DiSogra also testified that the vehicle's airbag control module recorded no collision events, and none of the 19 prior Techstream triggers on Read's vehicle were collision-triggered.

Hank Brennan challenged DiSogra's qualifications by establishing he has no training, publications, or expertise in mobile forensics despite testifying about phone-to-vehicle clock variances. Brennan highlighted that DiSogra conducted no independent testing, collected no data, never spoke to Dr. Welcher, and never wrote a formal report — only a PowerPoint prepared at defense counsel's direction. Brennan walked DiSogra through Techstream data limitations: collisions are never a direct trigger, the data captures only 10 seconds around a triggering event, and nothing is known about what happened before or after that window. DiSogra conceded that Burgess's choice to align from the end of the event rather than the trigger point was equally legitimate, undermining his own critique. The examination was interrupted for lunch after a sidebar.

Hank Brennan continued cross-examining defense expert Matthew DiSogra on his clock alignment analysis. Brennan established that DiSogra's 3-second key-on delay adjustment may constitute double-counting, since the infotainment clock already begins after the delay. Brennan then challenged the foundation of DiSogra's entire analysis by questioning whether the first five call-log data points compare infotainment timestamps to iPhone timestamps or iPhone-to-iPhone timestamps synced after reconnection — a distinction DiSogra admitted he could not resolve because no testing was done. DiSogra conceded that if those five data points were iPhone-to-iPhone, they should be excluded, reducing his 30-scenario analysis significantly. Brennan also established that the three-point turn timestamp 154 marks the beginning rather than the end of the maneuver, and that Burgess's 8-second range was a conservative approach encompassing the full turn. The examination concluded with DiSogra confirming the Techstream data would not necessarily reflect a collision even if one occurred, noting Read's vehicle bumped another car at 5:07 a.m. with no corresponding data event.

After dismissing expert witness DiSogra, Judge Cannone consults with counsel and decides to release the jury early rather than begin another witness. She instructs the jurors to return Monday for a full day starting at 9:00 AM with the standard admonitions. After the jury exits, Kelly Dever is sworn in briefly and Judge Cannone confirms that Dever has been present all day under summons but will not be reached. Dever agrees to return Monday morning before 9:00.