Day 32 - June 12, 2025

Judge Beverly J. Cannone · Trial 2 · 1 proceedings · 189 utterances

Day 32 of 36

Judge Cannone holds the charge conference ahead of Friday closings, denying the defense motion for required finding and resolving key jury instruction disputes.

Full day summary

With the defense resting on Day 31, Day 32 was devoted entirely to the charge conference. Judge Cannone denied the defense's renewed motion for required finding of not guilty after Yannetti summarized the expert and fact witness testimony challenging the Commonwealth's vehicle-collision theory and Lally opposed on grounds of witness bias and internal inconsistency. The parties resolved several contested jury instruction requests: the defense withdrew its missing witness and lost/destroyed evidence instructions, while the judge allowed Bowden argument on police investigative failure but explicitly barred any third-party culprit argument naming Higgins or Albert. A dispute over a curative instruction arose from ADA Brennan's cross-examination of Dr. Wolfe using Exhibit 88 — holes in Karen Read's hoodie that were actually criminalist cuts from May 2023, which defense argued Brennan had misrepresented as incident-related. The judge took the curative instruction request under advisement. The day concluded with scheduling confirmed: closings, jury charge, and the start of deliberations all set for Friday.

Key Moments

Judge Cannone denies the defense motion for required finding of not guilty, preserving all charges for the jury.
Judge allows Bowden argument (police investigative failure) but bars direct third-party culprit argument naming Higgins or Albert.
Defense withdraws requests for missing witness and lost/destroyed evidence jury instructions.
Alessi argues for a curative instruction over ADA Brennan's use of Exhibit 88 — hoodie holes that were criminalist cuts, not incident damage — which the judge takes under advisement.
Judge sets Friday schedule: 9:00 closings, short lunch, jury charge, and deliberations to begin Friday afternoon.

Notable Quotes

Beverly J. Cannone

“You cannot argue that either Brian Higgins or Brian Albert committed it, or had the motive, and all of that. Not third party culprit. Pure third party culprit.”

The judge's ruling drawing the line between Bowden and third-party culprit argument defined the outer boundary of the defense closing.

Robert Alessi

“We didn't cause this problem. We didn't cause any of this issue. So to me, I do not understand why the Commonwealth would not support this.”

Alessi's frustration over the Exhibit 88 issue captures the central unresolved dispute from the day — whether the jury will receive a correction on the hoodie hole evidence.

Beverly J. Cannone

“I want the jurors to start deliberating. I don't want to end the charge and send them home for the weekend.”

The judge's deliberation scheduling directive signals the trial's urgency and frames the stakes heading into the final day.

Procedural

Procedural - Motions

178 utt.

Judge Cannone convened the charge conference on the final day before closings. Yannetti renewed the defense motion for required finding of not guilty, summarizing expert testimony from Russell, Laposata, Wolfe, and Rentschler that O'Keefe's injuries were inconsistent with a vehicle collision, plus fact witnesses Barros, Kolokithas, and Loughran. Lally opposed, arguing defense witnesses were biased and conflicted with each other. The judge denied the motion. The parties then worked through jury instructions: the defense withdrew its missing witness and lost/destroyed evidence requests, the judge allowed Bowden argument (police failure to investigate) but barred pure third-party culprit argument regarding Higgins or Albert. Yannetti proposed an alternative verdict form with sequential not-guilty/guilty decisions for each lesser included offense; the judge was skeptical but agreed to review it. Alessi argued for a curative instruction regarding ADA Brennan's cross-examination of Dr. Wolfe using Exhibit 88, where Brennan insinuated holes in the hoodie occurred during the incident when they were actually criminalist cuts from May 2023. Lally countered that the contemporaneous instruction was sufficient. The judge took it under advisement. Scheduling was set for 8:30 arrival, 9:00 closings, short lunch, charge, and deliberations beginning Friday afternoon.

+1 procedural segment

◀ Day 31 Trial 2 Day 33 ▶