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, 2 simultaneous, and 3 negative. DiSogra testified that the ACM download contained no recorded events. On cross, he said he was not offering an opinion that the Lexus had not been in a collision, agreed that collision itself was not a Techstream trigger, and stated that a pedestrian impact generally would not meet the EDR recording threshold, while declining to make a blanket statement.

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 or data collection, did not review Welcher's full reconstruction-study data, never spoke to Dr. Welcher, and never wrote a formal report — only a PowerPoint prepared at defense counsel's direction. DiSogra later stated that he had reviewed raw Techstream and infotainment data. 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 challenged the three-second key-on adjustment as double counting; DiSogra disagreed and described alignment between separate infotainment and vehicle-control-history timing systems. Brennan then questioned whether the first five call rows might use iPhone-to-iPhone times. DiSogra said testing on this Lexus and SD card would be needed and that, if the method were shown invalid, some possibilities and specified chart lines would be removed rather than the entire analysis automatically failing. Brennan also used Burgess's presentation to examine the three-point-turn timing. DiSogra said he had not independently analyzed the maneuver or formed an opinion on the individual accuracy of Burgess's or Welcher's methods, while agreeing that a range is conservative. He confirmed reviewing raw TechStream and raw infotainment data. Near the end, DiSogra said he did not think he had seen a TechStream event for the proposed 5:07 a.m. incident, but repeatedly qualified that he did not remember and did not have all nineteen events committed to memory. He expressly answered that he was not offering an opinion that no collision occurred that night.

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.