MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #26 Retrial

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Wow!! Aperture submitted a new report on 5/11 with an updated time and Alessi is asking it be thrown out.
The original Aperture report is regarding a specific ‘trigger event’ with a time of 12:31:38-12:31:33.

Alessi says they have proceeded with their entire defense based upon that time period.

On 5/8/25 (defense received it 5/11) an amended Aperture report by Shannon Burgess pushes that time period in an ‘amendment’. He now says that trigger is further in time, past 12:32:16.

Alessi says seconds matter. Testimony was developed in regard with Ian Whiffen’s cross with the original Aperture times.

For the second trial, ARCCA was looking at that trigger for the original time. Now Aperture has changed that.

Alessi says it’s a rule 14 violation.
 
The original Aperture report is regarding a specific ‘trigger event’ with a time of 12:31:38-12:31:33.

Alessi says they have proceeded with their entire defense based upon that time period.

On 5/8/25 (defense received it 5/11) an amended Aperture report by Shannon Burgess pushes that time period in an ‘amendment’. He now says that trigger is further in time, past 12:32:16.

Alessi says seconds matter. Testimony was developed in regard with Ian Whiffen’s cross with the original Aperture times.

For the second trial, ARCCA was looking at that trigger for the original time. Now Aperture has changed that.

Alessi says it’s a rule 14 violation.
Alessi says they cannot provide a defense without being able to evaluate that new information in terms of their entire defense. It’s not just limited to ARCCA. Alessi believes this may have been calculated - that the CW intentionally delayed handing this new information to the defense.

Mr. Burgess states that the reason why that time is being changed is to ‘Align the trigger with Mr. Whiffen’s analysis’, which was based on the extraction from Johns’ phone. The data has been available for years.

Alessi is arguing that at this stage, ‘approaching the end of the trial’, just days before Aperture expert testimony, that this has put the defense in an impossible situation.
 
Alessi says they cannot provide a defense without being able to evaluate that new information in terms of their entire defense. It’s not just limited to ARCCA. Alessi believes this may have been calculated - that the CW intentionally delayed handing this new information to the defense.

Mr. Burgess states that the reason why that time is being changed is to ‘Align the trigger with Mr. Whiffen’s analysis’, which was based on the extraction from Johns’ phone. The data has been available for years.

Alessi is arguing that at this stage, ‘approaching the end of the trial’, just days before Aperture expert testimony, that this has put the defense in an impossible situation.
Alessi is requesting that the new Aperture report will not be allowed or considered at all. Alessi says he does not like hyperbole, but that this is an example of a legal ambush.

He is requesting Judge Cannone find a Rule 14 violation and that the 5/8/25 report not be allowed into testimony or evidence.
 
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Alessi says this is very different than the CW seeking to exclude ARCCA.

His first reason is that ARCCA is a rebuttal to the prosecution case. The prosecution is changing its OWN case mid-trial.

He does not have an alternate to exclusion. A continuance until tomorrow morning has been granted.

Alessi is pointing out that if this is included, they will need to re-examine witnesses including Whiffen. A lot of their defense theory is based off of what has been in existence for several months.

Alessi says again that the reason listed for amending the report is literally to align with Whiffen’s report.
 
Alessi is requesting that the new Aperture report will not be allowed or considered at all. Alessi says he does not like hyperbole, but that this is an example of a legal ambush.

He is requesting Judge Cannone find a Rile 14 violation and that the 5/8/25 report not be allowed into testimony or evidence.

Funny considering the absolute hissy fit hank pitched about ambushes the ARCCA before the trial started. hank was near tears that day! Thought he was going to hold his breath, flop on the floor, and cry!
 
Alessi says they cannot provide a defense without being able to evaluate that new information in terms of their entire defense. It’s not just limited to ARCCA. Alessi believes this may have been calculated - that the CW intentionally delayed handing this new information to the defense.

Mr. Burgess states that the reason why that time is being changed is to ‘Align the trigger with Mr. Whiffen’s analysis’, which was based on the extraction from Johns’ phone. The data has been available for years.

Alessi is arguing that at this stage, ‘approaching the end of the trial’, just days before Aperture expert testimony, that this has put the defense in an impossible situation.
If “the data has been available for years”, then why is the Prosecution changing it now? This trial is a farce.
 
EXACTLY! The double standard is extraordinary! Also funny to look at the CW's table. While Alessi is arguing hank is writing stuff down and looks like he's working while lally just sits there staring down at the desk.
RBBM -- it's near the end of the day, probably jonesing for a cig. MOO
 
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