MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #27 Retrial

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  • #101
Here goes Alessi on yesterday 's issue
JMO
 
  • #102
Here we go. One other ‘very important’ instruction from Judge Cannone. She is telling the jury to not make faces, mutter under their breath, etc.
Speaking of, need face-making eye roll emoji available here more and more each day with her. MOO
 
  • #103
I think she will allow it
 
  • #104
Judge Cannone even went as far as saying that they're not allowed to make facial expressions while evidence is being heard 🤣


:eek::rolleyes::mad:o_O:p:oops:
Oh, forgot we can add these! 🥹🙄
 
  • #105
  • #106
Ope. Going over the issue with the CW’s new info - how much time the defense would need to review the new report. Alessi is speaking.

Again says that the timing is informed by the substantive issue.

The defense team reviewed the effect of the timing and movement ‘clock drift’ of Mr. Burgess’ report. Alessi is urging the court to reject this new report substantively. Witnesses testified to certain things happening at certain times.

Alessi says no collision ever occurred. But that the timing of the alleged collision is important, down to the second. One second can change the jury’s analysis.

The jurors have been provided info, the defense has based their defense, on timing. So this new May 11th timing changes everything.

Everything so far in the case has been with regards to the time of the collision the CW asserts.

The question of how long it will take the defense to react to Mr Burgess - Alessi says they will need to make a full analysis. He says they would have to revisit all previous testimony and re-prep their own witnesses.

Alessi is again urging Judge Cannone to reject the 5/11 report on rule 14 violation. He says there is no remedy for the defense.

He says the defense would need four days to be able to address it, and that they would not be able to recover strategically or substantively given what has already been presented to the jury. He says it’s not structurally possible to address Mr. Burgess, because they can’t go back and re-cross witness with the ‘new’ time period in mind.
 
  • #107
  • #108
Brennan is saying they are not changing their timeline. Lol.
 
  • #109
AV is not finished testifying but if what I am hearing is correct it's that of the different sets of taillight pieces there are various pieces that did not fit with the reconstruction. JMOO
 
  • #110
  • #111
bahahaha
Defense wants a voir dire... to see if they violated the sequestration order.

I questioned this yesterday.
 
  • #112
Alessi back up. He says the CW violated the sequestration order. Burgess changed his timeline to match Whiffens - to align it with John’s cell phone.
 
  • #113
Brennan is saying they are not changing their timeline. Lol.

Isn't the whole point of discovery to prevent this? Funny how the CW wasn't so accepting about ARRCA. JMO
 
  • #114
Alessi wants a voir dire at bare mimimum. He is casting doubt that the CW was ‘surprised’ by the new report.

Alessi is shooting down hanks assertion that Mr. Disogra made a mistake. Mr. DiSogra was responding to Mr. Burgess’ report. And now Mr. Burgess is changing his report.

Final point: there was also an issue of burden shifting. There’s not only the question of ‘should it be allowed at all’ or ‘how much time does the defense need’, but also of burden shifting.

What Brennan proposed yesterday is extremely irregular - where the CW gets three bites at the apple for a problem THEY caused.

Oh jeez. Judge Cannone is arguing with Alessi…
 
  • #115
Brennan is opposing voir dire even though he wanted a voir dire for ARCCA. Rules for me, not for thee..
 
  • #116
bahahaha
Defense wants a voir dire... to see if they violated the sequestration order.

I questioned this yesterday.
The CW says there is no good faith basis for this. They (the defense) are printing out the page from the report for the judge so she can see what they are talking about (supposedly pointing to the fact they must have been listening to testimony or got information from the trial)
 
  • #117
Alessi is saying that Brennan is lying/misrepresenting the changes. 20 minute break to print the page in question.
 
  • #118
Brennan is opposing voir dire even though he wanted a voir dire for ARCCA. Rules for me, not for thee..
I am confused by what is happening with this. If Brennan is saying nothing changed then why does he want this brought in? Are you able to explain that? Thank you.
 
  • #119
Isn't the whole point of discovery to prevent this? Funny how the CW wasn't so accepting about ARRCA. JMO
Brennan is a real weasel IMO. He should be thankful the jury isn’t in the room to see this sneakiness.
 
  • #120
Apparently, defense is very very afraid of the "black box" data. jmo
 
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