Commonwealth v. Read — Trial Archive
Trial 2 Trial Day
◀ Day 25 Trial 2 Day 27 ▶

Day 26 - June 3, 2025

Russell, Barros

Judge Beverly J. Cannone
11Proceedings
7Pages
2Witnesses
2,110Lines
Day 26 of 36
Appearing:
Hank BrennanAlan JacksonRobert AlessiNicholas BarrosMarie Russell

Russell said she knew of no published organizational standard but used pattern recognition and differential diagnosis. Barros rejected Jackson's Exhibit 13 as unlike what he saw, then separately agreed Brennan's closeup was consistent with his memory.

Full day summary

Day 26 opened with ADA Brennan completing cross-examination of defense expert Dr. Marie Russell, questioning her car-ride conversation with defense attorney Alessi; Russell said they did not discuss specifics and that he advised her to ask for a transcript. Brennan challenged her dog-bite opinion through individual-wound admissions, the absence of a published organizational standard, and the timing and scope of her evidence review. A mistrial motion over DNA questioning was denied, and Judge Cannone allowed the line of questioning to continue. On recross, Brennan used defense articles to obtain Russell's agreement that O'Keefe's arm lacked the punctures, lacerations, and avulsions described in a cited fatal-dog-bite study; Russell distinguished fatal from nonfatal bites. In the afternoon, Dighton Sergeant Nicholas Barros testified that Exhibit 13 did not match what he observed on January 29, 2022, and later agreed that a separately identified Brennan closeup was consistent with his memory.

Key Moments
  • Brennan alleged Russell violated the sequestration order by discussing testimony strategy with Alessi during a morning car ride; Russell testified they did not discuss specifics.
  • Defense moves for mistrial after Brennan introduces absence of dog DNA during Russell's cross — motion denied by Judge Cannone.
  • Russell concedes she formed her dog bite opinion before reviewing telematics data, cell phone records, or UC Davis DNA results finding no dog DNA on O'Keefe's sweatshirt.
  • Barros testifies the tail light in Exhibit 13 does not match what he observed at the Read residence, supporting the defense theory of post-seizure damage.
  • On recross, Barros agrees that Brennan's closeup photograph of the missing right rear tail light is consistent with his memory; the record identifies it separately from Jackson's direct-examination photograph.
Notable Quotes
Marie Russell
“I said, "Mr. Alessi."”
Brennan used Russell's prior answer to challenge who had helped with her report. Russell described Alessi's help as organization or category suggestions and denied that he wrote the report.
Marie Russell
“Well, first of all, my opinion came long before that report ever came out. So the answer to that is no.”
Russell's concession that her opinion predated the telematics report was part of Brennan's challenge to the timing and scope of her evidence review. The separate UC Davis discussion concerned sweatshirt-hole swabs reported as finding no dog DNA and pig DNA; Russell cited timing and handling limitations but could not identify a failed process step.
Nicholas Barros
“It is.”
Barros agreed that Brennan's closeup was consistent with his memory, after saying Jackson's different direct-examination photograph was not.
Video thumbnail for Day 26 — Russell, Barros 7h 11m
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1. Marie Russell — Cross (Part 1)

Brennan continued questioning Dr. Marie Russell about her car-ride conversation with defense counsel, her evolving dog-bite opinion and cited methods, and her basis for excluding a vehicle collision.

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Cross
Marie Russell Hank Brennan
732 lines

2. Marie Russell — Voir Dire

A mistrial motion hearing—where the defense challenges the prosecution's introduction of dog DNA evidence—precedes Dr. Marie Russell's voir dire regarding an expert report's admissibility.

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Procedural
Procedural - Motions
28 lines

Attorney Alessi moves for a mistrial with prejudice, arguing that prosecutor Brennan intentionally introduced the topic of DNA — specifically the absence of dog DNA on John O'Keefe's clothing — for the first time before the jury during cross-examination of defense expert Dr. Russell. Alessi contends the defense was meticulous about avoiding any mention of DNA and that the prosecution lacked admissible foundation, having strategically chosen not to call their DNA witness in this trial. Brennan responds that the absence of dog DNA goes to the heart of Dr. Russell's opinion about dog-inflicted injuries, that the defense was on notice about rebuttal evidence, and cites specific transcript pages from the December 2024 Lanigan hearing where Alessi himself raised DNA on direct examination. Judge Cannone denies the motion for mistrial, saves the defense's rights, and permits Brennan to continue the line of questioning. A brief sidebar follows regarding foundation requirements for Dr. Walsh's opinion.

Voir Dire
Marie Russell Hank Brennan
34 lines

3. Marie Russell — Cross (Part 2)

Russell said she did not understand the telematics report, had formed her opinion before it, could identify no failed DNA-process step, and maintained tail-light fragments did not explain the arm pattern.

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Cross
Marie Russell Hank Brennan
165 lines

4. Marie Russell — Redirect/Recross

Dr. Marie Russell's redirect, recross, and re-redirect testimony on whether victim O'Keefe's arm injuries were caused by a dog bite (defense theory) or vehicle strike (prosecution theory).

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Redirect
Marie Russell Robert Alessi
190 lines
Recross
Marie Russell Hank Brennan
159 lines
Redirect
Marie Russell Robert Alessi
29 lines

5. Nicholas Barros — Direct

Barros testified Exhibit 13 did not match the tail-light condition he observed, saying the middle was intact and the right was missing; the defense cited the difference as possible post-seizure damage.

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Direct
Nicholas Barros Alan Jackson
261 lines

6. Nicholas Barros — Cross

Brennan challenged Barros on a sparse tail-light report and his Trial 1 memory. Barros said the sally-port photo differed, but earlier images and Exhibit 10 were consistent; timing remained unresolved.

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Cross
Nicholas Barros Hank Brennan
360 lines

7. Nicholas Barros — Redirect/Recross

On redirect, Barros said Jackson's direct-examination photograph did not match what he saw. On recross, he separately agreed Brennan's closeup was consistent with his Dighton memory.

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Redirect
Nicholas Barros Alan Jackson
140 lines
Recross
Nicholas Barros Hank Brennan
10 lines
Procedural
Procedural
2 lines
◀ Day 25 Trial 2 Day 27 ▶