MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #32 Retrial

[missy1974]

Assuming this will be a report looking into what Richard Green testified to in trial 1. The location services on KR’s phone were turned on and the data was deleted in April of 2022, when the phone was in MSP custody. That report will be very interesting, especially since it includes O’Keefe’s phone as well.

ok.. so I did go down that rabbit hole the other day...

My understanding of it was...

Someone in April 2022 turned on the phone, it then kept the location of when/where that was turned on, or they were testing to see if her location services was turned on, so they deleted it (but not really because Green could still see 'something'). I didn't think that someone turned it on to specifically dump old location data, it had already done it on it's own if the phone wasn't put into airplane mode or a faraday bag. BUT I could be wrong, I only went half way down the hole lol

Either way, it looks fishy IMO

 

[missy1974]

Ok there's a new filing and I only understand some of it. So, it was revealed at the T1 that the gps locations data were deleted from KR's cellphone after it was seized and while it was in State Police custody (Proctors custody). What does this have to do with Derrick Ellington??

Derek Ellington - Forensic Resources

forensicresources.org

I had to google him, digital forensics.

 

[louvillian08]

Ok there's a new filing and I only understand some of it. So, it was revealed at the T1 that the gps locations data were deleted from KR's cellphone after it was seized and while it was in State Police custody (Proctors custody). What does this have to do with Derrick Ellington??

Derek Ellington - (Certified Fraud Examiner, Licensed Digital Forensics Investigator, Certified E-Discovery Specialist and a multistate licensed PI with over twenty eight years of IT experience and over 25 years of Digital Forensics experience)

He initially examined JO’s phone from Jan 28-29 and was going to testify to his findings, I’m assuming health data, GPS, calls, etc. Basically offering another interpretation compared to Whiffin

Not sure what’s up with the timing but he recently analyzed “activity and interactions” on JO and KR’s phones from the time they were in police custody, with an emphasis on KR’s GPS data.

There is a paragraph saying Ellington concluded “there is no evidence to support the devices were handled properly by law enforcement.” Combine that with Green’s testimony from the first trial and I’m assuming there will be an argument that KR’s GPS data went missing due to negligence or sloppy tech handling of MSP, if not on purpose.

 

[acutename]

ok.. so I did go down that rabbit hole the other day...

My understanding of it was...

Someone in April 2022 turned on the phone, it then kept the location of when/where that was turned on, or they were testing to see if her location services was turned on, so they deleted it (but not really because Green could still see 'something'). I didn't think that someone turned it on to specifically dump old location data, it had already done it on it's own if the phone wasn't put into airplane mode or a faraday bag. BUT I could be wrong, I only went half way down the hole lol

Either way, it looks fishy IMO

I wonder if it was actually recoverable, either in the Cloud or through some extraction- like not written over yet even if it was "deleted?"

 

[louvillian08]

ok.. so I did go down that rabbit hole the other day...

My understanding of it was...

Someone in April 2022 turned on the phone, it then kept the location of when/where that was turned on, or they were testing to see if her location services was turned on, so they deleted it (but not really because Green could still see 'something'). I didn't think that someone turned it on to specifically dump old location data, it had already done it on it's own if the phone wasn't put into airplane mode or a faraday bag. BUT I could be wrong, I only went half way down the hole lol

Either way, it looks fishy IMO

I’m unsure if anyone had actual access to her phone by April. I lean towards yes but speaking to strictly facts, the earliest we know they were able to get into the phone was August 2022.

From my understanding of Richard Green’s testimony, GPS data is only stored for 2-3 weeks. For it to have been on the phone in April (and able to be deleted) that means some kind of preservation tactics were used. Phone off, airplane mode, Faraday bag, etc. For the GPS data to show as deleted in April, someone would have turned the phone on, taken out of the bag, off airplane mode, etc. You don’t need the passcode for any of those actions.

At best, it’s yet another huge piece of evidence that could have proved KR’s innocence but is gone because of sloppy police work and evidence handling. At worst, that was done on purpose by MSP (aka Proctor) to hid the GPS data.

 

[missy1974]

I’m unsure if anyone had actual access to her phone by April. I lean towards yes but speaking to strictly facts, the earliest we know they were able to get into the phone was August 2022.

From my understanding of Richard Green’s testimony, GPS data is only stored for 2-3 weeks. For it to have been on the phone in April (and able to be deleted) that means some kind of preservation tactics were used. Phone off, airplane mode, Faraday bag, etc. For the GPS data to show as deleted in April, someone would have turned the phone on, taken out of the bag, off airplane mode, etc. You don’t need the passcode for any of those actions.

At best, it’s yet another huge piece of evidence that could have proved KR’s innocence but is gone because of sloppy police work and evidence handling. At worst, that was done on purpose by MSP (aka Proctor) to hid the GPS data.

yeah, I am not sure what to think, wish I could post the link to the filing, but I can only find it on random X accounts and I don't see that any of them are linked to media. I have not looked, but think the people posting them must be getting physical copies?

I think the defense will say that something was said in testimony that prompted them to ask him to look at it.

 

[DropthePuck]

Derek Ellington - (Certified Fraud Examiner, Licensed Digital Forensics Investigator, Certified E-Discovery Specialist and a multistate licensed PI with over twenty eight years of IT experience and over 25 years of Digital Forensics experience)

He initially examined JO’s phone from Jan 28-29 and was going to testify to his findings, I’m assuming health data, GPS, calls, etc. Basically offering another interpretation compared to Whiffin

Not sure what’s up with the timing but he recently analyzed “activity and interactions” on JO and KR’s phones from the time they were in police custody, with an emphasis on KR’s GPS data.

There is a paragraph saying Ellington concluded “there is no evidence to support the devices were handled properly by law enforcement.” Combine that with Green’s testimony from the first trial and I’m assuming there will be an argument that KR’s GPS data went missing due to negligence or sloppy tech handling of MSP, if not on purpose.

Taking bets for how many times Hank calls him Duke Ellington on the stand...

 

[Warwick7]

Derek Ellington - (Certified Fraud Examiner, Licensed Digital Forensics Investigator, Certified E-Discovery Specialist and a multistate licensed PI with over twenty eight years of IT experience and over 25 years of Digital Forensics experience)

He initially examined JO’s phone from Jan 28-29 and was going to testify to his findings, I’m assuming health data, GPS, calls, etc. Basically offering another interpretation compared to Whiffin

Not sure what’s up with the timing but he recently analyzed “activity and interactions” on JO and KR’s phones from the time they were in police custody, with an emphasis on KR’s GPS data.

There is a paragraph saying Ellington concluded “there is no evidence to support the devices were handled properly by law enforcement.” Combine that with Green’s testimony from the first trial and I’m assuming there will be an argument that KR’s GPS data went missing due to negligence or sloppy tech handling of MSP, if not on purpose.

You are kidding me? This just gets worse and worse for the CW.

 

[mrjitty]

It's not up to the commonwealth to cater to the defence's possible theories of the case in its case in chief. Defence knew about the dog-DNA tests and still chose to bring Dr Russell as a witness, opening the door to the state to cross examine her on the subject, because she hasn't changed her opinion and was already in possession of that information. Alessi was just being theatrical as usual IMO

Yes. it's just an example of Alessi being dramatic but of course he has preserved the issue. Brennan can introduce the DNA evidence on his rebuttal case, which makes most sense given this testimony. Of course the Judge is not going to make the expert come back later after Brennan introduces that evidence in his rebuttal case. So Brennan can ask her the questions now. As usual the pundits claim the Judge is an idiot without any discussion of the relevant rules.

IMO

 

[mrjitty]

Scott Reisch makes some good points about the defence strategy (not incl. yesterday).

My point to post is Reisch cannot understand why the Judge let the Proctor texts in via the friend (hearsay rule). It's just a good example of how if you ask around actual practicing prosecutors and defence attorneys you get different answers on these questions. In any event clearly the defence did not get their big moment compared to T1.

Reisch also doesn't think the dogbite expert was compelling.

FWIW/YMMV

From 5.39

 

[kuromiiiilove]

While today’s testimony from Officer Barros rightfully got a lot of attention, something else major was read into the record that i almost missed!

A second medical examiner’s conclusion, Dr. John C. Walsh’s, was entered into the record and read aloud in court by Alessi and Dr. Russell on Dr Russell’s final redirect. His report stated that the injuries seen in the autopsy and photos were nonspecific and could’ve come from multiple mechanisms. He went further to say that without more information about the circumstances of the death, he couldn’t determine a definitive cause. That’s a pretty significant statement.

JMO

 

[Tortoise]

Scott Reisch makes some good points about the defence strategy (not incl. yesterday).

My point to post is Reisch cannot understand why the Judge let the Proctor texts in via the friend (hearsay rule). It's just a good example of how if you ask around actual practicing prosecutors and defence attorneys you get different answers on these questions. In any event clearly the defence did not get their big moment compared to T1.

Reisch also doesn't think the dogbite expert was compelling.

FWIW/YMMV

From 5.39

An update from Scott Reisch, confirms here Dr Russell was an atrocious witness for the defence.

I couldn't agree more.

She changed her testimony all over the place, showing her bias, went from an animal, possibly a dog, to certainty it was a dog, but could not identify any one of the wound 'sets' on their own as being a dog attack! So what she's saying is it's only the number of wound sets, not their individual characteristics! Skin elasticity to explain major inconsistencies between every single wound set. Said she didn't want to testify but inserted herself in the case and advertises herself for future work with a picture of herself testifying. Wanted to explore all the reasons for there being no dog DNA but only those that fit with her own opinion, refusing to entertain the most obvious one of all, that she could be wrong and it wasn't a dog! As for saying she'd been taught that in medicine you can never be 100% certain, well she soon abandoned that.

I do appreciate her though, for being willing to test a theory, and shoring up the prosecution case.

In my opinion.

 

[Tortoise]

While today’s testimony from Officer Barros rightfully got a lot of attention, something else major was read into the record that i almost missed!

A second medical examiner’s conclusion, Dr. John C. Walsh’s, was entered into the record and read aloud in court by Alessi and Dr. Russell on Dr Russell’s final redirect. His report stated that the injuries seen in the autopsy and photos were nonspecific and could’ve come from multiple mechanisms. He went further to say that without more information about the circumstances of the death, he couldn’t determine a definitive cause. That’s a pretty significant statement.

JMO

Dr Walsh also wrote in his report "are highly unlikely to be the result of an animal bite attack"

from 5.40.50 onwards, during cross-exam

 

[Anniesflowers]

Welcher is doing additional testing now?
Hope this doesn’t cost me another $350k.

He still has plenty of blue paint left, so maybe 325k??

 

[Warwick7]

.

 

[mrjitty]

Dr Walsh also wrote in his report "are highly unlikely to be the result of an animal bite attack"

from 5.40.50 onwards, during cross-exam

It seems this Doctor is one DOJ instructed?

Per the Defense Health Agency’s website, the Armed Forces Medical Examiner System provides “comprehensive forensic investigative services” to the federal government. Special prosecutor Hank Brennan did not specify how Walsh came to study O’Keefe’s injuries, though federal prosecutors previously probed O’Keefe’s death as part of a secretive investigation into the state’s handling of the Karen Read case. Lawyers on both sides are limited in the information they’re able to tell jurors about the federal probe.

Dighton officer says Karen Read’s taillight was ‘not completely damaged’ when SUV was towed

Dr. Marie Russell faced hours of questioning under cross-examination from special prosecutor Hank Brennan.

www.boston.com

 

[Warwick7]

Do you think the Defence should just rest so? If it seems a slam dunk, would now be the best time to finish rather than let any more confusion arise?

I never saw confusion yesterday. I saw a work of art and I saw justice take place. Why should the defense rest? They have more witnesses. They aren't finished with the CW yet... And besides, I didn't say it was a slam dunk. <modsnip - not an approved source>

 

[mrjitty]

Dever did not testify yesterday it was the day before on day 25

Karen Read trial Day 25: What did Michael Proctor say about the case over text?

Karen Read is accused of killing her Boston Police officer boyfriend. Her defense team alleges she was framed by Massachusetts state police.

eu.usatoday.com

 

[Tortoise]

Yesterday was very powerful for justice. And how the witnesses were intentionally brought in the courtroom in a specific order was...skillful.

Russell
Deever
Barros

Russell, she was confident O’Keefe’s injuries were caused by a dog attack. His injuries not consistent with a car crash.
Boom!!

Deever told the fbi about the wildly amount of time Higgins and Berkowitz spent w/Read's car. Now she claims false memories, threw hissy fits and was antagonistic on the stand and admitted her job and life will be affected by what she says on that stand. (At one point she refused to answer a question and the Judge made her).
Boom!!

Barros was shown a pic of extensive damage to KR's taillight, and was asked, "Is this the condition of the right rear taillight when you showed up at the Read household?"

"Absolutely not," Barros answered. “That taillight is completely smashed out” in the photo, he added said. “That middle section was intact when I was there.” And he said a whole lot more.
BAM!!

It was like the time of Patrick Frazee's trial. The prosecution listed their witnesses in perfect order. His mother first. All she did was plead the 5th. Then they brought in crucial witnesses. All it did was make his mother look absurd and foolish.

That is exactly what we got today. It was strategically brilliant.

Not that I think it matters personally, but the witness order was Dever, then Russell, then Barros.

 

[Tortoise]

It seems this Doctor is one DOJ instructed?

Dighton officer says Karen Read’s taillight was ‘not completely damaged’ when SUV was towed

Dr. Marie Russell faced hours of questioning under cross-examination from special prosecutor Hank Brennan.

www.boston.com

Interesting. Perhaps another reason why the federal investigation was closed, with no charges.