Commonwealth v. Read — Trial Archive
Trial 2 Trial Day
◀ Day 23 Trial 2 Day 25 ▶

Day 24 - May 30, 2025

DiSogra, Diamandis

Judge Beverly J. Cannone
10Proceedings
7Pages
2Witnesses
1,828Lines
Day 24 of 36
Appearing:
Hank BrennanAlan JacksonDavid YannettiJonathan DiamandisMatthew DiSogra

Defense expert Matthew DiSogra presents two clock-alignment analyses and is questioned about their source data. A separate hearing concerns disputed Proctor group texts marked for identification; admissibility remains unresolved.

Full day summary

Day 24 opened with Alan Jackson's Rule 25(a) motion for a required finding of not guilty, which Judge Cannone denied on all three counts, allowing the defense case to begin. Defense expert Matthew DiSogra testified that every offset scenario derived from Aperture's January report placed the phone lock after the Techstream event. His combined 30-scenario table, which also incorporated the supplemental report, produced 25 after, two simultaneous, and three before. Prosecution cross-examination by Hank Brennan attacked DiSogra's lack of mobile forensics credentials, his reliance on a PowerPoint rather than a formal report, and the uncertain data source for five key clock offset points. The day closed with voir dire testimony from Jonathan Diamandis to authenticate a group text chain involving lead investigator Michael Proctor, followed by a contested admissibility hearing in which Yannetti read alleged Proctor statements from the disputed, marked-for-identification chain while arguing investigator bias; the judge had not decided admissibility and took the issue under advisement.

Key Moments
  • Judge Cannone denies the defense's Rule 25(a) motion for required finding of not guilty on all three counts.
  • DiSogra says all offset combinations from Aperture's January report leave O'Keefe's phone interaction after the Techstream event; his combined 30-scenario table yields 25 after, two simultaneous, and three before.
  • Brennan questions DiSogra about the source and synchronization behavior behind five offset points. DiSogra says he relied on Burgess's report, does not know how iPhone and infotainment clocks synchronize, and agrees that testing showing the method invalid for this Lexus and SD card would eliminate some scenarios.
  • DiSogra confirms no Techstream event on Read's vehicle was ever collision-triggered, but concedes the system would not necessarily capture a pedestrian impact.
  • During the Exhibit N hearing, Yannetti reads alleged Proctor messages while arguing they show state of mind and bias. The exhibit remains marked for identification, disputed, and unresolved on authentication and admissibility.
Notable Quotes
David Yannetti
“We're going to pin it on the girl. We're going to make sure that there are some serious charges. She's effed.”
During the admissibility hearing, Yannetti read this latter passage as an alleged Proctor text from disputed Exhibit N for identification while arguing bias. It does not independently establish the chain's full text, authorship, or admissibility.
Matthew DiSogra
“He calculated all of them, but he didn't apply any of them.”
DiSogra's methodological critique of Burgess — that he calculated all seven offsets but applied none — encapsulates the defense's central challenge to the prosecution's digital timeline.
Matthew DiSogra
“I don't know how the clocks are synchronized when you plug an iPhone into a car.”
DiSogra says he does not know how the clocks synchronize when an iPhone is connected to the car, that his conclusions use the data in Burgess's report, and that invalidating testing could eliminate some of the 30 possibilities.
Video thumbnail for Day 24 — DiSogra, Diamandis 7h 33m
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1. Procedural — Motions

Page 402 records the Rule 25(a) motion, competing collision arguments, and Judge Cannone's denial on all three counts, then the court opening and juror reminders before the defense's first witness.

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Procedural
Procedural - Motions
17 lines

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.

Procedural
Procedural
2 lines

2. Matthew DiSogra — Direct

On this page, DiSogra reviewed Aperture's clock-alignment methods: 25 of 30 scenarios placed O'Keefe's phone lock after Techstream event 1162-2, with two simultaneous and three before.

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Direct
Matthew DiSogra Alan Jackson
556 lines

3. Matthew DiSogra — Cross (Part 1)

Brennan questioned DiSogra's qualifications, independence, and Techstream methodology; DiSogra described the 10-second window's limits and said trigger- and endpoint-alignment choices could both be legitimate.

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Cross
Matthew DiSogra Hank Brennan
438 lines

4. Matthew DiSogra — Cross (Part 2)

Brennan pressed DiSogra on clock alignment, conditional call-log exclusions, and the limits of DiSogra's three-point-turn analysis.

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Cross
Matthew DiSogra Hank Brennan
391 lines

5. Matthew DiSogra — Redirect/Recross

DiSogra's final examination covers his credentials and use of Burgess's and Welcher's data, with Brennan challenging independent analysis and DiSogra saying he relied on the experts' reports.

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Redirect
Matthew DiSogra Alan Jackson
146 lines
Recross
Matthew DiSogra Hank Brennan
67 lines
Redirect
Matthew DiSogra Alan Jackson
14 lines

6. Procedural - Kelly Dever Summons

After releasing the jury for the day with standard cautions, Judge Cannone directs jurors to return Monday around 9:00 a.m. She then has Kelly Dever sworn and instructs her to return before 9:00 under her existing summons.

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Procedural
Procedural - Kelly Dever Summons
24 lines

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.

7. Jonathan Diamandis — Voir Dire

Jonathan Diamandis identifies Exhibit N for identification as a record of his text chain with Michael Proctor. Judge Cannone hears competing arguments on authentication and admissibility; the disputed messages remain unresolved.

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Voir Dire
Jonathan Diamandis David Yannetti
123 lines
Procedural
Admissibility Hearing - Diamandis Texts
50 lines

After Diamandis's voir dire testimony, Judge Cannone heard extended argument on authentication and admissibility of the disputed Proctor friend-group text chain, marked for identification. Yannetti argued that the text messages he quoted as Proctor's words were properly authenticated through Diamandis's identification of phone numbers, nicknames, and content, and were offered to show Proctor's asserted state of mind and bias rather than for the truth of the quoted assertions. Brennan countered that Diamandis had no memory of the individual messages and could not authenticate their reliability or context, and argued that any bias evidence should be put to Proctor so a jury could assess it. The judge said she had not decided admissibility and would do further review of the text-message issue. A brief reciprocal-discovery exchange followed; the judge said she would issue a decision on that matter before 4:30.

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