Commonwealth v. Read — Trial Archive
Trial 2 Trial Day
◀ Day 5 Trial 2 Day 7 ▶

Day 6 - April 29, 2025

Whiffin Completes Testimony; McCabe Begins Search Account; ARCCA Ruling

Judge Beverly J. Cannone
6Proceedings
4Pages
2Witnesses
2,771Lines
1 sidebar
Day 6 of 36
Appearing:
Hank BrennanRobert AlessiJennifer McCabeIan Whiffin

Ian Whiffin completed testimony on phone data and the Safari search before Jennifer McCabe began describing the search for John O'Keefe.

Full day summary

Digital-forensics expert Ian Whiffin completed cross-examination, redirect, a live Safari demonstration, and recross. He discussed limits in phone-location records and authentication of Jennifer McCabe's phone extraction, maintained that the disputed Safari search occurred at 6:23 and 6:24 a.m., and said he had not replicated his explanation for the related deletion. Jennifer McCabe then began direct testimony about the Waterfall gathering, the planned trip to the Albert home, the early-morning search for John O'Keefe, and finding him near the Fairview flagpole. Outside the jury's presence, the court deferred a relationship-evidence foundation dispute. The judge also allowed ARCCA witnesses to testify to opinions disclosed through the prior day despite discovery concerns, subject to possible further relief concerning an expected report.

Notable Moments

Ian Whiffin - Cross

Whiffin acknowledged that Magnet AXIOM still displayed the disputed 2:27:40 timestamp, and later said he had not been able to replicate his explanation for how the related deletion occurred.

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Ian Whiffin - Redirect (Continued)

Whiffin conducted a live Safari demonstration and testified that the displayed timestamp reflected when a tab was created or brought into focus, not when a later search occurred.

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Jennifer McCabe - Direct Examination

McCabe described early-morning calls and the search with Read and Kerri Roberts, including Read's repeated questions about whether she could have hit O'Keefe.

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ARCCA Witness Discovery Motion and Ruling

The judge ruled that the ARCCA witnesses could testify to what they had said through the prior day, while allowing the Commonwealth to seek further relief if the expected May 7 report created a need for a motion.

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Notable Quotes
Ian Whiffin
“I have an idea of how it occurred, but I've not been able to replicate it. So my idea is unsubstantiated.”
He acknowledged that his explanation for the deletion mechanism had not been replicated.
Jennifer McCabe
“Yes. She would go from sitting back to leaning up in between us, and she would yell Kerri's name three times. Then she would yell my name three times, and then she would yell, could I hit him, did I hit him over and over again.”
McCabe described Read's conduct and repeated statements during the drive to Fairview as the search intensified.
Video thumbnail for Day 6 — Whiffin (cross cont), McCabe (Direct) 7h 9m
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1. Ian Whiffin — Cross (Part 2)

Digital-forensics expert Ian Whiffin faced defense cross-examination about location data, phone records, and the disputed 2:27:40 timestamp.

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Cross
Ian Whiffin Robert Alessi
871 lines

Defense counsel cross-examined digital-forensics expert Ian Whiffin using portions of his March 2025 report. Whiffin agreed that low-accuracy location data could place John O'Keefe's phone within the house at 34 Fairview, while qualifying the limits of the data. He also addressed phone activity, battery-temperature testing, call records, and the authentication limits of an extraction from Jen McCabe's phone. On the disputed 2:27:40 timestamp, he acknowledged that Magnet AXIOM still displayed it and said his explanation for the related deletion had not been replicated.

2. Ian Whiffin — Redirect/Recross

Digital-forensics expert Ian Whiffin explained his phone-data analysis and a live Safari demonstration before brief defense recross about a disputed timestamp.

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Redirect
Ian Whiffin Hank Brennan
485 lines

On redirect, digital-forensics expert Ian Whiffin testified that his analysis was independent and explained his battery-temperature testing, phone movement data, and the limits of location records. He said location data alone could not establish the phone's location to a high degree of scientific certainty, though it was consistent with the flagpole area and with other locations; he identified location, Health, battery-temperature, and other information as the bases for his broader opinion. Whiffin also defended the integrity of Jennifer McCabe's phone extraction and his interpretation that the disputed Safari search occurred at 6:23 and 6:24 a.m., then agreed to conduct a live demonstration after lunch.

Redirect
Ian Whiffin Hank Brennan
104 lines

Ian Whiffin explained that phone-location accuracy can change as iOS refines data from GPS, Wi-Fi, Bluetooth, and cell towers, without requiring the phone to move. After a chart from his report was admitted without objection, he testified that the changing circles in Exhibit 40 were consistent with the same central coordinates and did not alter his opinion. Whiffin then conducted a live Safari demonstration using an iOS version matching Jennifer McCabe's phone and testified that the displayed tab timestamp reflected when a tab was created or brought into focus, rather than when a later search was made.

Recross
Ian Whiffin Robert Alessi
32 lines

Defense counsel briefly recross-examined digital-forensics expert Ian Whiffin about Magnet AXIOM's continued display of a 2:27 a.m. timestamp and the reliability of Magnet Forensics. Whiffin said the live demonstration had been altered "Right now," agreed that alteration occurred after Cellebrite removed the timestamp from its programs, and described the demonstration as otherwise the same apart from different search terms.

3. Jennifer McCabe — Direct (Part 1)

Jennifer McCabe described the gathering before the group went to the Albert home and the early-morning search that found John O'Keefe near the Fairview flagpole.

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Direct
Jennifer McCabe Hank Brennan
1247 lines

Jennifer McCabe described her friendship with John O'Keefe, the Waterfall gathering on January 28, 2022, and the group's plan to go to the Albert home. She testified that she spoke with O'Keefe to provide directions, saw what she believed was Read's SUV outside the home, and texted O'Keefe after seeing it. McCabe then described early-morning calls, the search with Read and Kerri Roberts in worsening snow, finding O'Keefe near the flagpole at Fairview, calling 911, and performing chest compressions. The court also deferred a hearsay and foundation dispute about proposed relationship evidence until later testimony.

1 sidebar inside this proceeding
  1. Relationship Testimony Foundation Counsel disputed whether testimony about John O'Keefe's relationship with another person's mother was hearsay or contextual motive evidence; the court deferred the issue pending a foundation outside the jury's presence.

4. Procedural — ARCCA Motion

The judge allowed ARCCA witnesses to testify within the opinions disclosed through the prior day, despite repeated and deliberate discovery violations, while reserving further relief for a later motion concerning an expected May 7 report.

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Procedural
ARCCA Witness Discovery Motion and Ruling
32 lines

The Commonwealth sought to bar ARCCA witnesses from offering new testing, new opinions, and earlier opinions, arguing that missing communications and delayed discovery prevented fair preparation. The judge described repeated and deliberate violations of discovery orders but allowed the witnesses to testify to what they had said through the prior day, anticipated a robust cross-examination, and said she would hear a later motion if the expected May 7 report required relief.

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