Judge in Karen Read case rules against defense as Week 4 of trial ends
Karen Read pleaded not guilty to murder charges in the death of Boston police officer John O’Keefe and is facing a retrial after a jury was unable to reach a verdict last year.
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After a morning recess, Judge Beverly Cannone dismissed the jury while concluding the fourth week of Karen Read’s trial.
Cannone went on to deal a blow to Read’s defense team by ruling the prosecution can introduce the new evidence from forensic data company Aperture regarding the internal clocks in Read’s Lexus SUV and John O’Keefe’s cell phone data.
“My findings, for the record, are that the defendant has not persuaded me of undue surprise or unfair prejudice by this information,” Cannone said. “I don't find that there's delayed disclosure.”
While the jury in Karen Read’s trial was on morning recess, Judge Beverly Cannone revisited the issue surrounding new evidence testimony raised by defense attorney Robert Alessi on Thursday afternoon.
Alessi argued against Cannone allowing the prosecution to present a new report, conducted by forensic data company Aperture, regarding evidence of a variance between the internal clocks in Read’s Lexus SUV and John O’Keefe’s cell phone data. Cannone asked Alessi to come prepared with a solution, with Alessi asking for four days to review the new materials.
“There is no remedy for the defense,” Alessi said, adding, “We will not ever be able to recover strategically or substantively from it, given all that's been presented to the jury, and it will be very difficult to figure out how we're going to go present a defense after we've already presented to the jury our defense in our cross-examination.”
Prosecutor Hank Brennan insisted the information is not new, pointing to the report simply providing context.
“There are no changes,” Brennan said. “There [are] no changes in the timeline. [Alessi] keeps trying to portray this as something has changed. Nothing has changed, it’s the exact same.”
Before the prosecution in Karen Read’s trial called the first witness to the stand Friday morning, Judge Beverly Cannone warned the jurors against reacting to testimony.
“It’s so important that each and every juror can hear the evidence of the testimony that’s presented, follow the testimony, and understand and evaluate the testimony of each witness and exhibit,” Cannone said. “In order to do that, I just want to be very clear that it’s important that people do not comment on the evidence or make any comments once you enter the room.”
Cannone went on to tell the jurors to focus on listening to testimony without reacting, stressing the importance of respecting both sides during the trial.
“Don’t talk, don’t make any facial expressions,” Cannone said. “No muttering under your breath, no audible noises.”
Following a short line of testimony from DNA analyst Andre Porto, the prosecution called Massachusetts State Police forensic scientist Ashley Vallier to the witness stand.
Vallier was tasked with testing broken pieces of taillight from Karen Read’s SUV and a drinking glass found next to John O’Keefe outside 34 Fairview Road.
Massachusetts State Police DNA analyst Andre Porto testified during prosecutor Adam Lally’s direct examination regarding biological evidence found on John O’Keefe’s clothing.
Porto explained his testing of O’Keefe’s clothing found traces of DNA from multiple unknown individuals, but the samples were never identified.
Following a short line of questioning, defense attorney David Yannetti asked Porto about the unknown DNA evidence found at the crime scene and on Karen Read’s Lexus SUV.
“Were you ever asked to compare DNA samples from either Canton Police Detective Kevin Albert or Canton Police Chief Kenneth Berkowitz to the DNA that you analyzed from the passenger side taillight?” Yannetti asked.
“I was not,” Porto said.
Judge Beverly Cannone called Court into session Friday as Karen Read’s trial is wrapping up its fourth week.
Special prosecutor Hank Brennan kicked off the day by offering a stipulation agreed on by both the Commonwealth and Read’s defense team regarding a photograph of two state troopers in the room during John O’Keefe’s autopsy.
The photo was presented during witness testimony on Thursday, with the identities of both troopers not immediately disclosed. Before calling the state’s next witness, Brennan identified the men in the photo as Trooper Connor Keefe and Trooper Watson - specifying that former investigator Michael Proctor was not present.
The Commonwealth then went on to call Massachusetts State Police DNA analyst Andre Porto to the witness stand.
A medical examiner testified she could identify John O'Keefe's cause of death as a head injury and hypothermia but could not determine whether it was homicide, accidental or any other manner Thursday during the murder trial of Karen Read in the 2022 death of her boyfriend, a 46-year-old Boston police officer.
Dr. Irini Scordi-Bello, a forensic pathologist with Massachusetts' Office of the Chief Medical Examiner, performed the autopsy on O'Keefe Jan. 31, 2022.
While Scordi-Bello found that O'Keefe had died from head trauma and hypothermia, the manner of death — how he suffered those injuries — was undetermined
The blunt impact to his head was the primary cause of death, she testified, but hypothermia contributed. He had a deep cut and bruising to the back of his head. Once she looked at it from the inside, she found multiple skull fractures and brain bleeding. And his body temperature when he arrived at the hospital was 80.1 degrees compared to a normal body temperature of 98.6.
She discussed the external examination first, saying she found similar injuries to his face, head, hand, arm and knee that other witnesses, including paramedics and police, have already described to the jury.
He had "superficial" scrapes and cuts on his arm, which did not penetrate the skin or expose fat or muscle tissue, she testified.
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Testimony in Karen Read’s trial is set to resume Friday as the state is expected to call its next witness. On Thursday, jurors heard from Massachusetts State Police forensic scientist Maureen Hartnett and medical examiner Dr. Irini Scordi-Bello as special prosecutor Hank Brennan continues to build the state’s case against Read.
Read is facing the possibility of life in prison for the alleged murder of Boston police officer John O’Keefe.
The prosecution claims Read struck O’Keefe with her Lexus SUV during a drunken argument outside of 34 Fairview Road, leaving him to freeze to death in the early morning hours of Jan. 29, 2022. However, Read’s defense team is maintaining her innocence, telling the jury she never hit O’Keefe with her vehicle.
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