Day 29 - June 9, 2025

Defense attorney Alessi moved for a mistrial with prejudice, arguing that prosecutor Brennan committed intentional misconduct by showing Dr. Wolfe holes in the back of John O'Keefe's hoodie sweatshirt during cross-examination and implying they were caused by the events of January 29, 2022. Alessi presented crime lab documentation showing the holes were actually cuts made by criminalist Maureen Hartnett during her inspection and sampling of the sweatshirt in May 2022 and May 2023. Alessi argued the Commonwealth deliberately withheld these lab documents from evidence to enable the misleading demonstration. Brennan conceded he made a mistake and proposed a curative instruction. Judge Cannone denied the mistrial motion, admitted the lab documentation into evidence, and instructed the jury that the holes were made by the criminalist during her inspection on May 18, 2023, with Alessi holding up the back of the sweatshirt for the jury to see.

After completing a voir dire examination of Dr. Laposata, Judge Cannone issued detailed rulings on what the defense expert could and could not testify about. The judge excluded all testimony on dog bite wounds, finding Laposata unqualified under Daubert and distinguishing her from Dr. Russell, who had ER experience and published research. On motor vehicle strike opinions, the judge conducted a line-by-line review of Laposata's report, allowing testimony within her medical examiner expertise (absence of bruising, skin injury patterns) while excluding biomechanical analysis (speed, force, taillight materials). Jackson objected on the record, arguing the Commonwealth sandbagged the defense by waiting until June 5 to raise objections that were due by March 7. The judge noted the ruling was based on foundational requirements, not timing, and directed the parties to address report photographs the following day.