Procedural Dispute Over Video Clip Selections
30 lines
Counsel addressed proposed clips from Ms. McCabe's testimony. The defense said clips 13 and 15 were incomplete and offered longer alternatives; the judge allowed the Commonwealth to play its selections and directed the defense to provide its materials for weekend review. The Commonwealth indicated it could hold the disputed clips until the following week.
sidebar Redirect Context and Disputed Video Clips
55 lines
Counsel discussed redirect context for calls and text messages, proposed video clips, and whether prior questioning opened the door to further testimony.
Redirect Jennifer McCabe Hank Brennan
455 lines
Brennan's redirect returned to Jennifer McCabe's observations at Fairview, her contacts with police, and her account that Read asked her to make the hypothermia-related Google search after O'Keefe was found. McCabe said she testified from her own memory and described text messages and calls as reflecting efforts to find O'Keefe and her distress afterward. After a sidebar over the proposed text-message context, the court instructed jurors to consider the messages only if they found the claimed authorship more likely than not and only for McCabe's state of mind, not for their truth. The court later deferred a decision on the prosecution's request to admit all of McCabe's text messages, subject to redactions.
2 sidebars inside this proceeding
- Redirect Text Message Context Counsel debated using additional phone-extraction text messages on redirect to provide context for text messages previously shown to the jury.
- Identifying Text Message Authors Counsel and the court addressed whether two text messages were authored by Jennifer McCabe or Kerry and how to identify the associated phone numbers.
Recross Jennifer McCabe Alan Jackson
108 lines
Jackson questioned Jennifer McCabe about emergency lights, vehicle noise, and shouting around Fairview; she qualified where vehicles were located. He also asked about her initial interview with law-enforcement agents, which she said she stopped to seek counsel before later meeting with them again. The examination closed with questions about a private group chat involving McCabe, Brian Albert, Nicole Albert, and Matt McCabe, contrasted with her other text-message contacts.