From about 1.26.30 - questions for Dr Russell, Jan 7th, 2025
"when you're looking for trace evidence to see if something caused an injury you look for remnants of that [
inaudible] Mr O'Keefe's body right?
A. I did not have hands on.
Ok, but you did learn that there was something remarkable in Mr O'Keefe's sweater, didn't you?
A. Can you be more specific?
I can. Glass shards, or broken taillight plastic shards, you understand they were
found in Mr O'Keefe's sweater right?
A. Doesn't surprise me.
Well I know it doesn't surprise you but the question I'm asking you is when you decide to engage in differential diagnosis and you decide to exclude collision as the cause of this abrasion, didn't you want to know all the facts and information in considering whether it was the taillight that caused the abrasion? Didn't you want to know that information?
A. Yes.
Ok, and when you were considering that information did you know from the criminalistic reports that
shards of that broken taillight were littered in his sweater?
A. I did not know that.
When's the first time you learned of that?
A. Right now.
Right now. And so when you've prepared for this case and you've received materials from the defense, nobody has ever sent you, ever, the criminalistic reports that showed
taillight shards were in his sweater where the abrasion was? No one ever showed you that?
A. I don't recall seeing that at all.
Well [
inaudible] detective and using circumstantial evidence and trace evidence, I want you now to consider this new evidence that you didn't know before you testified at the voir dire and the trial and the Daubert-Lanigan hearing, when you were ruling out the taillight as the mechanism of injury, when you excluded it in your differential diagnosis and you said to a reasonable degree of medical certainty that these injuries that you looked at were caused by a dog bite. now that you know that there was a debris field of shattered taillight right near the body of Mr O'Keefe, and now that you know
in his very sweater where the abrasions, the same arm, under them, is littered with shards of taillight, from that Lexus, does that in any way change your analysis in your differential diagnosis excluding the car as the mechanic of injury for that abrasion?
Objection your honor.
I'm going to allow that, minus the police officer part, the detective part.
A. No, it doesn't change my conclusion that those injuries, those abrasions were caused by a dog bite.
How do you think the shards of taillight got into his sweater?
A. They could have got into his sweater from an accident, correct.
From an impact with the taillight, yes?
A. Could be.
Right and when the taillight breaks and there's jagged irregular linear sharp edges from that break what do you think is going to happen to the skin when those shards impact the skin?
A. They could cause injury, yes.
They could cause puncture wounds couldn't they?
A. Uh yes they could.
They could cause scratches couldn't they?
A. They could cause scratches.
You have no studies on how an abrasion looks after an impact with a taillight that is shattered, you don't have any studies or comparative analysis do you?
A. I have no studies, I just have my years of experience."