Trial 2 Trial Day
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Day 8 - May 2, 2025

McCabe Examination Concludes; Toxicologist Gives Alcohol Range

7Proceedings
3Pages
2Witnesses
3,069Lines
14 sidebars
Day 8 of 36
Appearing:

Jennifer McCabe's examination concluded amid disputes over phone records, searches, and text messages. A forensic toxicologist then calculated a 0.14 to 0.28 percent blood-alcohol range from a hospital serum result.

Full day summary

Jennifer McCabe completed cross-examination, redirect, and recross. Questioning addressed early-morning calls, location data, a Cellebrite record reflecting a 2:27 a.m. Google search, and McCabe's account that a hypothermia-related search occurred after John O'Keefe was found at Karen Read's request. The court repeatedly limited the jury's use of electronic messages to McCabe's state of mind after a finding of authorship, directed jurors to disregard counsel's characterization of the messages as witness collusion, and deferred a request to admit all of McCabe's text messages subject to redactions. The court also addressed competing excerpts from McCabe's testimony, permitting the Commonwealth's selected clips and requesting defense materials for later review. Forensic toxicologist Hannah Knowles then testified about converting a hospital serum alcohol result and conducting retrograde extrapolation. Using a 12:45 a.m. incident time, she calculated a blood-alcohol range of 0.14 to 0.28 percent. On cross-examination, Knowles said she could not independently assess the accuracy or reliability of the Good Samaritan Hospital result used as the starting point for her calculations.

Jennifer McCabe - Cross

The judge instructed jurors that Exhibit 47's electronic messages could be considered only if they found the claimed participants sent or received them, and only for McCabe's state of mind rather than for the truth of the messages.

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Jennifer McCabe Cross-Examination Continues

After reviewing a Cellebrite record, McCabe agreed it showed a Google search at 2:27 a.m. and that the phrase "hos long to die in cold" appeared in a search record, while maintaining she did not recall making a search at 2:27 a.m. and that the hypothermia search occurred after O'Keefe was found.

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Jennifer McCabe - Redirect

The court deferred the prosecution's request to admit all of McCabe's text messages, subject to redactions, after the defense objected.

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Hannah Knowles — Direct Examination

Using the hospital serum result and a 12:45 a.m. incident time, Knowles gave a retrograde blood-alcohol range of 0.14 to 0.28 percent.

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Hannah Knowles - Cross

Knowles agreed that she could not personally verify the accuracy or reliability of the hospital result used as the starting number for her calculations.

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Jennifer McCabe
“It was said. Karen said it. It's that simple.”
McCabe reaffirmed her account that Read asked her to make the hypothermia search.
Hannah Knowles
“That based on the 93 milligrams per deciliter value that was obtained at Good Samaritan, that the blood alcohol concentration for that individual at 12:45 a.m. could be between 0.14 and 0.28%.”
Gives the retrograde range calculated from the hospital result.
Hannah Knowles
“But the results that I started from, I don't have any direct knowledge on their accuracy or reliability.”
Knowles qualified the foundation for her calculations by distinguishing it from the external hospital test result.
Video thumbnail for Day 8 — McCabe (Cross/Redirect), Knowles 7h 13m
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1. Jennifer McCabe — Cross (Part 2)

Jennifer McCabe's cross-examination continued on her calls, messages, location data, phone records, and recollection of the early-morning events.

Cross
Jennifer McCabe Alan Jackson
1261 lines

Defense counsel continued cross-examining Jennifer McCabe about her observations of the SUV, her early-morning calls, and differences between her present recollection and prior reports or testimony. McCabe acknowledged that phone records showed a 5:07 a.m. call to Nicole Albert but said she did not speak with her then. The defense introduced texts between McCabe and Nicole Albert as Exhibit 47 and a group chat involving McCabe, Nicole Albert, Brian Albert, and Matt McCabe as Exhibit 48. The judge instructed that the messages could be considered only for McCabe's state of mind, not for the truth of their contents, after jurors first found the claimed participants sent or received them. The court also told jurors to disregard counsel's characterization of the messages as witness collusion. A map/GPS location-data printout was marked for identification; McCabe identified locations and times shown on it but said aspects of her January 30 travel recollection were foggy.

6 sidebars inside this proceeding
  1. Report-Based Impeachment and Grand Jury Testimony Counsel disputed using a report summary and grand jury testimony to impeach the witness after she adopted the report as refreshing her recollection.
  2. Statement Located in Different Report Counsel located the cited statement in a different report, apologized for the interruption, and discussed that the report was not in evidence or used to refresh recollection.
  3. Text Messages Offered for State of Mind Counsel debated admitting selected text messages and related messages for context, with the judge allowing the offered messages for state of mind subject to instructions.
  4. February Text Message Timeline Counsel discussed a proposed set of February 1 text messages and whether the broader time span supported a request for additional context.
  5. Question About Witness Collusion Counsel challenged a question concerning collusion among witnesses, and the judge limited the inquiry to whether the witness herself was colluding.
  6. Phone Location Map Identification Counsel sought to identify locations on a phone-location map through the witness before anticipated testimony from the person who prepared the report.
Cross
Jennifer McCabe Alan Jackson
947 lines

Jackson continued cross-examining Jennifer McCabe with phone records concerning calls with Michael Proctor and John O'Keefe. McCabe said she did not remember the timing of some calls and suggested missed calls to O'Keefe may have been inadvertent. After reviewing a Cellebrite record, she agreed it reflected a Google search at 2:27 a.m. and that a record contained the phrase "hos long to die in cold," but maintained she did not recall making a search at that time and said the hypothermia search occurred after O'Keefe was found at Read's request. The court restricted questions that contrasted McCabe with reports or another witness's testimony and kept a disputed screen display from being shown. Exhibit 4 dashcam video was played as McCabe identified herself speaking with law enforcement and explained why she remained outside to help O'Keefe rather than enter 34 Fairview.

5 sidebars inside this proceeding
  1. Impeachment With Police Report Statements Counsel disputed confronting the witness with statements in police reports that were not her statements and using them to frame a credibility issue.
  2. Witness Answers During Cross-Examination Counsel disputed the witness's explanatory answers during cross-examination, while the judge addressed question wording, completion of answers, and the trial record.
  3. Electronic Exhibit Display and Marking Counsel and the court addressed promptly displaying electronically cued material that counsel represented was already in evidence and marking it later.
  4. Cellebrite Display Not in Evidence Counsel checked whether a Cellebrite-related display was in evidence before using it to question the witness, and later confirmed that it was not.
  5. Sequestration and Witness Awareness Question Counsel disputed a question concerning another witness's testimony and awareness of it, while the court raised concerns about questioning the witness regarding sequestration.

2. Jennifer McCabe — Redirect/Recross

Jennifer McCabe's redirect and recross addressed Fairview events, police contacts, text messages, and the claimed request for a hypothermia-related Google search.

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
  1. 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.
  2. 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.

Procedural
Procedural - Videos playing Hank Brennan
10 lines

3. Hannah Knowles — Direct/Cross

Hannah Knowles explained alcohol-concentration calculations based on a hospital serum result, then said she could not independently assess the hospital testing used in those calculations.

Direct
Hannah Knowles Adam Lally
151 lines

Hannah Knowles, a Massachusetts State Police Crime Lab forensic toxicologist, described her qualifications and the laboratory's serum-conversion and retrograde-extrapolation methods. Using a Good Samaritan Medical Center serum alcohol result of 93 milligrams per deciliter collected at 9:08 a.m., she calculated a whole-blood range of 0.078 to 0.082 percent at collection and a range of 0.14 to 0.28 percent at 12:45 a.m.; she said the latter time came from the district attorney's request.

Cross
Hannah Knowles David Yannetti
52 lines

Defense counsel questioned forensic toxicologist Hannah Knowles about crime-laboratory accreditation and the distinction between forensic and hospital laboratory standards. Knowles said her laboratory's accreditation did not cover the Good Samaritan Hospital testing or its quality-control procedures, and she could not independently assess the accuracy or reliability of the hospital result used in her calculations.

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