MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #21 Retrial

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  • #921
Which brings us back to EBARD. You’re ' - the investigation was not properly conducted and no one can say for sure what happened.
And it's Brennan's job to prove their case BARD. If the jury finds Whiffen credible by the time they start deliberations, his testimony alone just won't cut it. Moo. Brennan has to come up with a plausible theory to account for JOK's injuries vs damage to the Lexus. It is the cw',s burden and defense is not going to let the jury forget that. At the end of the day, they do not have to be certain of defense's theory. All they have to be certain of BARD is that cw has shown an impact took place. It's a long way to go yet.

Beyond a reasonable doubt is not just a catch phrase. That is the CW's burden. Showing that the cw has failed to fulfil their burden will be the main thrust of the defense's case this time around. That was clear from the opening. Jmo.


Moo
 
  • #922
This attorney sure can't hold his emotions with Dr. Wolfe. This isn't a good look for the CW.
 
  • #923
This attorney sure can't hold his emotions with Dr. Wolfe. This isn't a good look for the CW.
I completely agree. He is being very rude. Who remembers phone calls from a year ago?
 
  • #924
And it's Brennan's job to prove their case BARD. If the jury finds Whiffen credible by the time they start deliberations, his testimony alone just won't cut it. Moo. Brennan has to come up with a plausible theory to account for JOK's injuries vs damage to the Lexus. It is the cw',s burden and defense is not going to let the jury forget that. At the end of the day, they do not have to be certain of defense's theory. All they have to be certain of BARD is that cw has shown an impact took place. It's a long way to go yet.

Beyond a reasonable doubt is not just a catch phrase. That is the CW's burden. Showing that the cw has failed to fulfil their burden will be the main thrust of the defense's case this time around. That was clear from the opening. Jmo.


Moo
Exactly this. It’s not the Defenses responsibility to solve every mystery or have the perfect alternate theory. The only thing they have to prove is that Commonwealths version of events doesn’t hold up BARD.

Right now, the CW is asking the jury to fill in way too many blanks, excuse many ‘coincidences’, and trust too many contaminated pieces of evidence.

It’s not just about whether something *could* have happened the way the CW says. It’s about whether the evidence, taken as a whole, leaves no reasonable doubt. And based on the massive credibility issues with key witnesses, the broken chain of custody, and undisclosed relationships, a reasonable jury has plenty of reasons to hesitate.

That hesitation is the reasonable doubt that the defense is going to hammer home.

MOO
 
  • #925
I completely agree. He is being very rude. Who remembers phone calls from a year ago?
Especially when it comes to work, not even personal calls that hold significance.
 
  • #926
Especially when it comes to work, not even personal calls that hold significance.
Brennan sounds very testy to me! IMO if I was on the jury I would feel like he is "badgering" the witness!
 
  • #927
Brennan sounds very testy to me! IMO if I was on the jury I would feel like he is "badgering" the witness!
Brennan is acting like an a$$ because there is no jury.
 
  • #928
Dr Wolfe also has no text messages

Shocker

Hope the Judge throws the book here.
What's your opinion of "throwing the book here" in this instance? Was he meant to keep text messages? Wolfe is a well respected professional and I'm not just going to assume he would put his career on the line. What do you think he has done wrong at this point. Is Brennan a saint and the defense and the ARCCA professionals just corrupt and underhand per expectation?

In any case, I prefer to wait out the hearing before jumping to conclusions gleeful or otherwise. Moo
 
  • #929
Daniel Wolfe is looking silly & acting slippery

It's interesting to note the differences of opinions of how witnesses present.

It looks to me like Dr Wolfe is making a mockery of Brennan's feeble attempts to discredit him.
 
  • #930
Brennan sounds very testy to me! IMO if I was on the jury I would feel like he is "badgering" the witness!
This is not in front of the jury
 
  • #931
  • #932
  • #933
This back and forth is brutal, the CW is badgering him imo and the defense has objected numerous times and of course the judge just continues to allow it. The bias from this judge is so awful!
 
  • #934
ARCCA - -Wolfe is looking shady & evasive & SNEAKY

IMO
 
  • #935
This back and forth is brutal, the CW is badgering him imo and the defense has objected numerous times and of course the judge just continues to allow it. The bias from this judge is so awful!
I 1000% agree
 
  • #936
  • #937
He did not know he needed to keep the texts so he deleted them which he normally does in his practice. As a personal aside, I also delete texts regularly so that they do not accumulate.
 
  • #938
He did not know he needed to keep the texts so he deleted them which he normally does in his practice. As a personal aside, I also delete texts regularly so that they do not accumulate.
The only reason you would have NOT to delete texts for storage purposes is if you are a part of a public agency that has some kind of public records laws. ARCCA is a private company and are not subject to public records/records retention laws.

He did absolutely nothing wrong.
 
  • #939
The only reason you would have NOT to delete texts for storage purposes is if you are a part of a public agency that has some kind of public records laws. ARCCA is a private company and are not subject to public records/records retention laws.

He did absolutely nothing wrong.
Allen did.

IMO
 
  • #940
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