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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  • #161
Done for the day! Ugh
 
  • #162
AV is discussing that she received the debris labeled as coming from the clothing (MH retrieved and packaged the debris from John’s clothing). She never saw the clothing or the debris inside the clothing.

Brennan objects to AV reading off who brought the clothes to the MSP lab. I wonder why…

Sidebar.
Former Trooper Michael Proctor submitted the clothes to the lab.
 
  • #163
" Are you done yet Mr Yanetti? " She makes me physically ill with her disdain for all the Defense lawyers. Never seen anything like it before.
 
  • #164
Former Trooper Michael Proctor submitted the clothes to the lab.
AV did not receive John’s clothing until 3/14/2022. So for 6 weeks, MSP crime lab did not have John’s clothing.
 
  • #165
Former Trooper Michael Proctor submitted the clothes to the lab.
He also held onto them a very long time, not sure if that is normal procedure. Can't imagine and why would that be?
 
  • #166
Of course she ruled for the CW. Unbelievable.
 
  • #167
That’s it for trial today. I assume the rest of the day will be arguing about the new CW reports.

Next week Thursday is a half day, and Friday is off.
 
  • #168
  • #169
 
  • #170
She’s saying she will give Alessi ‘ample time’ for cross. She also says if the defense feels that they need to recall witnesses, she will hear them on that.

Dr. Welcher will be allowed to testify in the CW case in chief, likely next week. The CW is asking that after ARCCA testifies, the CW will get a ‘limited rebuttal’.

Wow.
 
  • #171
5/16/2025 12:30:17

Judge says she may allow prosecution to conduct "limited rebuttal" of the defense's expert. With that she rises from the bench and says, "See you on Monday." Court concludes.


5/16/2025 12:29:07

Judge says she may allow the defense to recall some witnesses if necessary.


5/16/2025 12:28:21

Judge says Read has not persuaded her of late discovery. So she will allow the prosecution's expert to testify about the clock variance. Says she will allow defense to cross-examine about the sequestration violation.

 
  • #172
Only danger with asking for a mistrial is if she granted it - they dont want a mistrial - its a long shot the Judge would have granted it but still - be careful what you wish for
Alessi may have made the mistake though of being too reasonable in coming up with only 4 days
JMO
IANAL but all the lawyers in this courtroom know:
1) That the bell is already rung: The D have cross examined all the P's witnesses to this point based on the timeline established by the CW early on. Changing that timeline is going to undercut some of that examination.
2) That at least some of the expert reports prepared and submitted by the D's witnesses is going to stand in contrast to this revised report because where timeline issues were addressed in those reports, will contrast with the Burgess report.
3) The burden on the CW is to prepare and present evidence of guilt. The D is always in the position to react to, that is contradict or negate that evidence. Apparently HB is seeking to reverse those roles as it applies to the Burgess/ARCCA differences in judgement and conclusions.
4) The 4 days is only going to establish the extent of the effect of 1 and 2. The D would want to recall and re-cross X a select group of the preceding witnesses. The D's expert witnesses would have to adjust any portions of their reports where they relied on the previous earmarks of timing, to the newly adopted timeline. Realistically that could take weeks....
5) I think all the lawyers realize that if this is not remedied, the outcome is either Mistrial or Overturn on Appeal. BC is highly aware of that and it also may very well serve BH's agenda. Even if he's not the brightest lawyer in the courtroom, he has to realize at this junction that the P's case has been taking an a**-kicking.
6) The D is being asked to detail the remedy which would permit the latest version of the Burgess report. That's the equivalent of asking: What process revision would persuade you to stick your hand in the fire?
7) Depending on the specific elements of revision: Can the expert testify on the basis of his prior report, given that everyone but the jury know he had cause to make revisions to it?
8) The only way any of this benefits KR lies with the DA's office. If BH tells Morrisey this case is a loser and always will be, they either give up post Dismissal or give up post Overturn. Otherwise everybody starts all over again.

All MOO and IANAL so if any of the law types think I've read the leaves wrong please respond.

Regardless of the legal machinations: MOO is this is a 🤬🤬🤬 move on the part of the CW.
 
  • #173
Brennan claimed there’s a “21–25 second variance between clocks” to justify shifting the Lexus’ reverse trigger time from 12:31:38 to 12:32:16. That’s a 38 second change. Not 21. Not 25. 38.
I’m very interested to hear how this math is supposed to make sense. MOO.
 
  • #174
That’s it for trial today. I assume the rest of the day will be arguing about the new CW reports.

Next week Thursday is a half day, and Friday is off.
The judge made her ruling - she sided with Brennan
She said the Defense did not persuade her with their position
D can do a rigorous cross and if they need to recall witnesses that have already testified she will hear them on that
Dr Welcher per Brennan is next week or the day after the holiday
and Brennan gets a second chance to rebutt AARCA on their new material
All in all just what was pretty much expected of this court
IMO
 
  • #175
  • #176
I'm not from the area but I have to assume that at least some or most of these jurors are from the area. They do not live under rocks. They have to have some suspicion that what is taking place in front of their eyes is the corruption thay may have read or heard about happening in that part of Mass. Plus, at some point they may be offended that they are now committed to this trial and the time required of them...like, I didn't sign up for this.
 
  • #177
The judge made her ruling - she sided with Brennan
She said the Defense did not persuade her with their position
D can do a rigorous cross and if they need to recall witnesses that have already testified she will hear them on that
Dr Welcher per Brennan is next week or the day after the holiday
and Brennan gets a second chance to rebutt AARCA on their new material
All in all just what was pretty much expected of this court
IMO
I’m not surprised. Just disappointed.
 
  • #178
He also held onto them a very long time, not sure if that is normal procedure. Can't imagine and why would that be?
The were wet, laid out and drying in a secure evidence area

Iirc & IMO
 
  • #179
The judge made her ruling - she sided with Brennan
She said the Defense did not persuade her with their position
D can do a rigorous cross and if they need to recall witnesses that have already testified she will hear them on that
Dr Welcher per Brennan is next week or the day after the holiday
and Brennan gets a second chance to rebutt AARCA on their new material
All in all just what was pretty much expected of this court
IMO

Yep, I knew this would be the outcome as soon as the issue was raised. JMO
 
  • #180
The judge made her ruling - she sided with Brennan
She said the Defense did not persuade her with their position
D can do a rigorous cross and if they need to recall witnesses that have already testified she will hear them on that
Dr Welcher per Brennan is next week or the day after the holiday
and Brennan gets a second chance to rebutt AARCA on their new material
All in all just what was pretty much expected of this court
IMO

IMO, complete insanity. They ( CW ) are purposely moving for a mistrial. Daring the defense to request it. Knowing fully that this would all be overturned on appeal if found guilty. What a farce.
 
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