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

[kuromiiiilove]

https://twitter.com/x/status/1923418225498378639

‘the defense needs to immediately demand all communications between the prosecution and Aperture regarding the mid-trial changed opinion. The key now must be why this happened mid-trial AFTER Whiffin testified. The jury is entitled to know that the prosecution went from 12:45 to 12:31 to 12:32 and that the timeline always moved after the prior one was exposed as inaccurate. The jury also needs to know about Trooper Paul's foolish and now rejected analysis. The full picture reveals just how desperate the prosecution is and how willing they have been to shape-shift to try to adapt to the evidence in real time. This is a national embarrassment!’

 

[rescuemom]

Yanetti is crossing Ms. Vallier regarding her reconstruction of the tailight, item 3-1.

AV’s lab has different departments. DNA analysis is done before AV gets the items - namely, the tailight pieces.

AV was not made aware that there were 3 DNA contributors to item 3-1.

AV agrees the tailight was missing a piece or pieces after her reconstruction. She was not provided with any pieces of tailight that would have filled in that missing spot. She was never provided or told about any tailight pieces collected from 1 Meadows, nor was she informed of Karen hitting John’s car.

Unbelievable that the CW continues to call witnesses that in the end help the defense.

 

[rescuemom]

There is a reporter in the court room from a local boston station that does nothing but report on the jurors reactions during the trial and testimony - she puts her comments on twitters. Her observations also get reposted widely IMO/IME
JMO

Don't have twitter, available anywhere else???

 

[kuromiiiilove]

Unbelievable that the CW continues to call witnesses that in the end help the defense.

That’s why they just enacted that dirty trick. IMO. They know they’re losing miserably. Solution? Shift the goalposts.

 

[Angelwatch]

Did anyone have “clock drift” on their bingo cards?

 

[Elliot_Alderson]

That’s why they just enacted that dirty trick. IMO. They know they’re losing miserably. Solution? Shift the goalposts.

The laughable thing is, it'll probably end up helping the defense like every other CW witness. JMO

 

[KSwizzle]

The feds need to do an investigation on Judge Cannone, how have her superiors not stepped in by now, so corrupt, MOO

 

[themonk]

In the last 3 years, the CW has changed the time John was hit from 12:25, to 12:45, to 12:30, to 12:31:38 (or 12:31:43), to 12:32:16. Throwing spaghetti at the wall IMO.

That's the problem with trying to assign a time to something that never happened.

 

[kuromiiiilove]

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 *-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.

IANAL either but I agree with you completely. There is no legitimate reason the CW should be allowed a re-rebuttal just because their own timeline fell apart under scrutiny. The defense has already examined and cross-examined witnesses, and their experts have written reports in good faith based on the original timeline the CW certified in discovery. Letting Brennan sneak in a revised timeline at this stage is not just prejudicial. It’s a clear due process violation IMO.

The CW doesn’t get to rewrite the script halfway through the play because their story isn’t tracking. The defense is under zero obligation to clean up the mess for them, and as Alessi said, Judge Cannone just essentially put the burden on the defense. This ‘re-rebuttal’ fiasco opens the door to mistrial, and that’s on the Commonwealth, not the defense.

This is like challenging someone to a chess match, making your move, watching your opponent counter it, and then insisting you get a do-over because suddenly you want to change where you placed your pieces. MOO.

 

[kuromiiiilove]

The laughable thing is, it'll probably end up helping the defense like every other CW witness. JMO

I do trust wholeheartedly that the defense will make the best of it. I mean it’s kind of low hanging fruit: ‘The CW is SO unsure in their theory that they’re even changing it as this trial proceeds’.

 

[kuromiiiilove]

The feds need to do an investigation on Judge Cannone, how have her superiors not stepped in by now, so corrupt, MOO

Who’s to say they’re not already? MOO

 

[Elliot_Alderson]

I do trust wholeheartedly that the defense will make the best of it. I mean it’s kind of low hanging fruit: ‘The CW is SO unsure in their theory that they’re even changing it as this trial proceeds’.

I'm sure an appeals court would love to hear it as well.

 

[mrjitty]

The were wet, laid out and drying in a secure evidence area

Iirc & IMO

Yes. This rumour has become a bit silly.

The key evidence in this case was bagged and put in the evidence room. Or drying like you say. Then at times it was sent out other places from analysis like the state crime lab. During the gap it was in the evidence room. Proctor did not have it.

I think if the defence disagreed then they'd have made a song and dance about it like they did with the solo cups fiasco.

MOO

 

[rescuemom]

That’s why they just enacted that dirty trick. IMO. They know they’re losing miserably. Solution? Shift the goalposts.

Still have confidence the defense will tackle this and come through. Enough so that the CW will finally rest and they can proceed with their case. We'll see then how the jury reacts to evidence that makes sense with credible testimony.

 

[Elliot_Alderson]

Yes. This rumour has become a bit silly.

The key evidence in this case was bagged and put in the evidence room. Or drying like you say. Then at times it was sent out other places from analysis like the state crime lab. During the gap it was in the evidence room. Proctor did not have it.

I think if the defence disagreed then they'd have made a song and dance about it like they did with the solo cups fiasco.

MOO

So when was the log for this entered into evidence?

 

[mrjitty]

The feds need to do an investigation on Judge Cannone, how have her superiors not stepped in by now, so corrupt, MOO

I think we can critique the Judge's decisions in the case without calling for her to be investigated by the federal government.

IMO

 

[rescuemom]

https://twitter.com/x/status/1923418225498378639

‘the defense needs to immediately demand all communications between the prosecution and Aperture regarding the mid-trial changed opinion. The key now must be why this happened mid-trial AFTER Whiffin testified. The jury is entitled to know that the prosecution went from 12:45 to 12:31 to 12:32 and that the timeline always moved after the prior one was exposed as inaccurate. The jury also needs to know about Trooper Paul's foolish and now rejected analysis. The full picture reveals just how desperate the prosecution is and how willing they have been to shape-shift to try to adapt to the evidence in real time. This is a national embarrassment!’

This is a national embarrassment!’

Obviously the townies do not care

 

[themonk]

Seeing reports of respiratory system irritation experienced by jurors due to powerful stench of corruption in the courtroom.

 

[Wishbone]

The were wet, laid out and drying in a secure evidence area

Iirc & IMO

The clothes may have been wet, but approx 6 weeks between the time they were collected and sent to the lab wasn't due to waiting for the clothes to dry. JMOO

Karen Read murder trial: Jurors see O'Keefe's clothing, SUV evidence

Read is accused of killing her Boston police officer boyfriend by striking him with an SUV and leaving him to die in a snowbank.

www.wcvb.com

"Your chain of custody at the lab for the two shirts and the plastic, that began on March 14, 2022. So, between Jan 29 and March14 you don't know what Michael Proctor did with the evidence?" Yannetti said.

 

[arielilane]

By that logic then the CW must be very afraid of the ARRCA data as they were making the same exact argument. MOO

Time will tell... pun intended jmo