Commonwealth v. Read — Trial Archive
Trial 2 Trial Day
◀ Day 32 Trial 2 Day 34 ▶

Day 33 - June 13, 2025

Closing Arguments

Judge Beverly J. Cannone
5Proceedings
4Pages
0Witnesses
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Day 33 of 36

Both sides deliver closing arguments before Judge Cannone instructs the jury, which retires to deliberate at the end of Day 33.

Full day summary

Day 33 centers on closing arguments from both the defense and prosecution. Alan Jackson opens for the defense, arguing across three pillars: no medical expert confirmed a vehicle collision, the investigation was corrupted by Michael Proctor's bias, and the Commonwealth's physical evidence — taillight fragments, hair, sweatshirt holes — is unreliable. ADA Hank Brennan answers for the prosecution, anchoring the Commonwealth's case in digital forensic data: the Lexus black box, O'Keefe's cell phone health data, and Waze tracking, while dismissing the defense's alternative theories and framing Proctor's misconduct as legally irrelevant to the physical evidence. Judge Cannone then delivers jury instructions covering the elements of all three charges, lesser includeds, and deliberation procedures. Six alternates are excused by random selection, a foreperson is seated from seat one, and the jury retires. At day's end the judge admonishes jurors against research or discussion over the weekend and dismisses them until Monday.

Key Moments
  • Alan Jackson delivers the defense closing, arguing no medical expert — including the Commonwealth's own Dr. Scordi-Bello — testified that John O'Keefe's injuries resulted from a vehicle collision.
  • Jackson invokes Michael Proctor's text messages and Kelly Dever's recantation as evidence of systematic investigative corruption favoring the Albert family.
  • ADA Hank Brennan presents the prosecution's closing, distilling the case to 'She was drunk. She hit him and she left him to die,' and argues the digital data establishes an unbroken timeline.
  • Judge Cannone instructs the jury on second-degree murder, manslaughter while OUI, motor vehicle homicide, OUI, and leaving the scene, including a specific instruction permitting the jury to weigh investigative omissions.
  • Six alternate jurors are excused by random selection, the foreperson is appointed from seat one, and the jury retires to begin deliberations.
Notable Quotes
Alan Jackson
“Not a single medical expert — think about this — not a single medical expert called by the defense or called by the Commonwealth has testified that John was hit by a car. Not one.”
Jackson's most concentrated summation of the defense case — that the complete absence of medical testimony supporting a collision is the trial's central fact.
Hank Brennan
“She was drunk. She hit him and she left him to die.”
Brennan's refrain, repeated throughout the prosecution closing, distills the Commonwealth's theory of the case to its starkest and most memorable form.
Beverly J. Cannone
“You have heard some evidence suggesting that the Commonwealth did not conduct certain scientific tests or otherwise follow standard procedure during the police investigation. This is a factor you may consider in evaluating the evidence presented in this case.”
Judge Cannone instructed jurors that they could consider evidence of omitted scientific tests or departures from standard police procedure when evaluating the evidence.
Video thumbnail for Day 33 — Closing Arguments 8h 3m
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1. Closing Argument — Defense

After Judge Cannone explains that closing arguments are not evidence and the Commonwealth bears the burden, Alan Jackson argues that no collision was proved and that investigative failures and alleged police bias create reasonable doubt.

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Procedural
Procedural
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Closing
Closing Argument - Alan Jackson
90 lines

2. Closing Argument — Commonwealth

ADA Hank Brennan closes for the Commonwealth with data-driven timeline and Read-statement arguments; Judge Cannone then sends jurors to lunch before instructions and deliberations.

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Closing
Closing Argument - Hank Brennan
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Procedural
Procedural - Break
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3. Jury Instructions

Judge Cannone completes jury instructions on proof, charges, limiting rules, and deliberation, then excuses six alternates, appoints a foreperson, swears court officers, and sends the jury out.

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Jury Instruction
Jury Instructions
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4. Procedural — Exhibits

After a final Exhibit 155 redaction and verdict-slip check, Judge Cannone dismisses the jury and alternates for the weekend, reiterating no-discussion, no-research, and media cautions until Monday morning.

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Procedural
Procedural - Exhibits
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After jury instructions and the start of deliberations, counsel reconvenes to handle remaining exhibit matters. ADA Lally raises Exhibit 155, which requires a single-line redaction that defense attorney Little had previously identified. The Commonwealth agrees to the redaction without objection, and Judge Cannone personally redacts the line with a Sharpie. The judge then asks both sides to review the verdict slips, noting they differ from what was provided the previous day. Attorney Yannetti indicates he anticipated the changes.

Procedural
Procedural - Jury Dismissed
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Judge Cannone addresses the jury at the end of the first day of deliberations, acknowledging the long day and thanking them for their service. She delivers standard admonitions: no discussing the case with anyone including each other, no independent research or investigation, avoid media coverage and social media, and no deliberation discussions even upon arrival Monday morning before being called into court. The same instructions apply to the alternate jurors. The judge dismisses the jury until Monday morning. The remainder of the second utterance contains livestream commentary that bled into the transcript from the YouTube source.

◀ Day 32 Trial 2 Day 34 ▶