e e e e e e e e e e yes e e e e e e is open you may be seated may I call the case your yes please for the record before the court is Commonwealth versus Karen Reed 2282 CR 00117 the parties are present the jury is not present uh the council has asked to see judge Kon okay did you want to see me at sidebar I did uh side why don't I see up here and see e e e e e e e e e e e e e e e e e e e e e e e e e e all right so so moving on to the varder motion the other day or vaa hearing in response to the Commonwealth's renewed motion for reciprocal Discovery and motion to exclude defendants expert Dr Marie Russell so the Commonwealth was alleging um violations of rule 14's reciprocal Discovery requirement and the Commonwealth asked for exclusion of Dr Russell I did find and do find that there was a violation of the reciprocal discovery oblations of the defendants um I was looking for a remedy you called it a sanction Mr Jackson but I called it a remedy and I did tell Council as you know it sidebar a couple of times at least last week that I did not want to exclude the testimony if I did not have to so um we had the Vere and um I'm satisfied that the Vere provided the Commonwealth the information that the defense should have provided the Commonwealth so I am going to allow Dr Russell to testify but her testimony is very limited and I think you even sort of acknowledged it uh the other day Mr Jackson so she'll be allowed only to Aline whether or not um the marks on Jon O'Keefe's arm were the result of an animal attack I find that she is a medical doctor she's an experienced ER doctor Al be you know several years ago since she's worked in that capacity um but that she does have special special IED knowledge in that field that may assist the jury in this regard um but she can't testify as an expert on police activity there'll be none of that and she will not be able to testify as to what the injuries are inconsistent with she cannot testify that they're inconsistent with having been struck by a vehicle Road Rash scratches from broken glass or tail light matter or any other anything else so that's beyond the scope of which she can Testify the second part of the Commonwealth's motion um Commonwealth argued that they were not provided reciprocal Discovery regarding the uh biomechanical engineers and others but the specifically uh arcca Dr Wolf and Dr renchler um and and I do find though I understand why the the defense didn't respond but it is a violation of wolf 14 so we had this varder the Commonwealth was looking to see what each person did their independent opinion what their testimony would be and whether they were qualified to render the opinions that they qualified so from what I heard the other day Dr Wolf can testify to what he um his involvement uh Dr renchler though I have some concerns um it's clear to me that Massachusetts biomechanical Engineers are not qualified to test ify as to Medical causation of an injury only an MD can do that so I'm going to reserve ruling um on the rest of his testimony um there are certain things he can testify and I'll hear you again before he testifies next week let's just proceed with the trial today so okay so those are my rulings are they clear Mr Jackson yes are they clear Mr L yes sure okay all right so are they ready to commence thank you we'll just go right into J's entering [Music] [Music] he he all persons have any business before The Honorable Beverly conon Justice of the northw superior court and for the county of nor Go Near You thee tenants you shall be heard Gods the Commonwealth Massachusetts court is now open you may be seated all right good morning again Council and M re good morning jurus so we appreciate that you were patient that we got a lot of work done this morning before you came out um it's cool in here now as long as you're away from the Sun from the windows it's it should be fine uh the county has done a really terrific job of making sure that they got this building uh nice and cool for us today so I appreciate what the County's done as well I do have to ask you those three questions were you all able to follow my instructions and refrain from discussing this case with anyone since we left on Tuesday yes everyone said yes noded affirmatively were you also able to follow my instructions and refrain from doing any independent research or investigation into this case everyone said yes or noted affirmatively did anyone happen to see hear or read anything about this case since we left here on Tuesday everyone said no worship all right thank you very much so there we call the witness please troa Gino please same situation Step Up standing do you solemly swear that the testimony you shall give to the court and the jury in the matter now pending shall be the truth the whole truth and nothing but the truth so help you God thank morning [Music] [Music] whenever you're ready Mr L thank you uh good morning sir good morning uh taking you back to the other day um I have been showing you uh you had testified about some extraction reports that you had conducted from the various uh forensic extraction that you had done pertaining to both the defendant's phone and Mr O's phone correct yes sir any horor may approach yes [Music] showing a document ask to that okay okay you recognize that sir yes it's uh what do you recognize that to be sorry uh Karen Reed's uh phone uh call logs and that's specifically from January 28th and January 29th is that correct yes it's uh starts the yep 28th at 12:33 to I'm sorry the 29th 12 at 12:33 to 3:19 p.m. on the 29th and just for ease of reference does it sort of go in descending order as far as the earlier calls are on the last page and then the more recent calls are on the first page yes that's correct may I approach yes we approach okay e e e yes show another document sir you recognize that yes what do you recognize that to be this is uh Karen Reed and Carri robbit call Lug that's an extraction report that you created from the defendant's phone is that correct keep your voice up yes um sorry yes May apprach again your yes I se introdu and AD as the next okay no objection 634 may approach again your H yes show another document Ser you recognize that yes what do you recognize that to be this is the uh chats from John o' Keef and Chris Albert and again that's an extraction report that you created from Mr O'Keefe's Phone is that correct yes it is yes no OB Mr you really do 635 and may approach oh I'm sorry my apologies may I approach again your H yes another document sir I ask you to look at that you're finish okay yes do you recognize that sir yes this is that Karen reads the full chat report of everyone from the 29th on so May BR yes I introdu minut next we have no objection I'm sorry may I have the the last one I approach the witness joh yes than returning to you what's now been marked is exhibit 636 your honor with the Court's permission and public forun this to the jury yes sir I'm going to direct your attention to the exhibit before you that's now been marked as exhibit 636 and Miss Gilman if I could uh I'm sorry toino and Miss Gilman if I could direct your attention to page three and do you have that before you sir yes I do and on page three who is that a conversation with Laura Sullivan and that conversation essentially continues from page three to page six is that correct yes it does and so I'm going to ask you similar to what I asked you the other day if you could read from that conversation in it's entirely uh indicating uh speaking content of what's being said in the day and time associated with that message yes uh first message is from Laura Sullivan at 12:45 pm on January 29th 2022 Karen it's Lura please call me Karen says hi Laura at 107 p.m. Karen then says John passed away 107 p.m. Laura Karen I'm shaking I'm so sorry at 107 Karen says we found him outside in the snow at 5:00 a.m. 10:07 p.m. Laura I can't stop crying 107 p.m. again Karen thank you 107 and Laura finally says uh why was he out there 10:7 p.m. OHP sorry car replies he left the party we were at I don't know what time I didn't even go in I went to bed that's at 1:8 p.m. Laura says oh my God 108 Karen my heart breaks for uh excuse me my heart breaks for everyone at 109 PM thanks so when those text messages Miss Sullivan in the afternoon of the 29 she indicates to Miss Sullivan that they located Mr o'keef around 5:00 a.m. is that correct yes it is now sir if I could direct your attention to page 28 through 29 of those messages in the exhibit before you in page 28 29 who got a conversation with this is uh car and John O'Keefe these are conversations from the early these conversations on page 28 through 29 of this exhibit occur in the early morning hours of January 29th correct yes that's correct and if you could sir again uh please read as far as who's speaking uh what they're saying and what date and time uh these are being sent yes uh Karen read to John O'Keefe at 12:55 a.m. on the 29th I'm going home followed by I'll uh EXC me see you later at 102 am she texts John again saying your kids are cucking alone and at 1:04 a.m. she says I'm back in Mansfield the kids our home alone thank you may I approach just Retreat yes [Music] I may I have a moment Char yes may approach yes I'm showing you two documents and Mr Officer we can put the you recognize each of those documents sir yes one is uh Karen Reed call log report um just want to confirm which which one this is yeah uh for John O'Keefe and then John O'Keefe's full call log report on the the 29th now sir if I could direct your attention to the defendant Miss Reed's call log reports um and specifically if I could draw your attention to what's been they they're enumerated as far as certain box numbers correct one through whatever it goes on the last page yes i' I can direct your attention to boxes 113 and 114 okay see those entries sir yes now as far as the time related to box 113 and 114 what are the time stamps associated with that uh 129 2022 at 12:36 a 41 seconds and then another one at 12:36 and 10 seconds am on the 29th and is there any indication uh within that uh report as far as whether or not those calls are answered those calls are missed those calls are rejected what what's listed uh it says answered and we'll get to this a little bit more in a moment but with regards to that 1236 time uh from your review of both the defendant's phone and Mr O'Keefe's Phone is there a voicemail that the defendant left Mr O'Keefe at that time frame uh there was a voicemail at 12:37 a.m. these ones here it looks like they're 3 seconds and 5 Seconds well and they're listed as answer is that correct that is correct now sir if I could turn your attention over to Mr ois uh call report and specifically I'm going to ask you to direct your attention to what's uh been labeled as box number 134 and then 134 with the one in parentheses following that okay and do you see those entry sir yes and what is the uh date and time associated with those entries in Mr O's records uh his records chose uh number 134 is 1236 uh 9 seconds uh on the 29th and then 134 the one in the parentheses 1236 and 9 seconds as well but call duration 0 seconds and as far as any indication on those calls as far as whether they're answered they're missed they're rejected or what are they list it ask uh there's nothing the also 133 is the same call uh that that one says missed and it's at the same time stamp of 1236 and 9 seconds so the same call around the same time frame shows up in Mr O'Keefe's report is missed and shows up in the defendant's report as answered correct that is correct that is around the time that the defendant is calling uh the victim repeatedly and leaving voicemails on M 's phone yes that's correct I approach just retrieve y yes yes now Trio you conducted an analysis of both uh the defendant's phone and Mr O'Keefe's Phone correct that is correct and from your analysis of that phone uh we be able to determine uh approximately how many calls uh occurred uh from the defendant's phone to Mr O'Keefe's Phone uh from the time period shortly after 12:30 a.m. to the time period shortly after 6: a.m. uh there was over 50 I think it was 53 or 55 but and uh any of those calls from your review of those records indicate any uh sort of conversation uh as far as duration as far as uh being labeled as answered anything to that effect that Mr o'keef actually picked up the phone and spoke to miss Reed yes uh no now with regards uh to those phone calls from the defendant to Mr o'keef um what if anything did you find from Mr O'Keefe's Phone in relation to uh voicemails left by the defend uh there were uh excuse me eight voicemails on Mr O'Keefe's Phone uh from the 29th till the phone was discovered uh all for Mr Reed no one else may I approach yes [Music] with this sir recognize that yes what do you recognize that to be it's the uh j keep voicemails uh from C re on his phone from that period they were just speaking about on January 29th yes that's correct May apprach yes I to introduce the next exhibit we have no objection 63 now sir from your review of the defendants phone before we get to those uh from your view of the defendant's phone um what if anything were you able to uh observe or ascertain that the defendant's phone did at approximately 12:36 a.m. so uh by looking at uh the timeline in the phone we're able to see that Miss Reed's phone autoc connected to jono Keef's Wi-Fi at his house at 12:36 a.m. um they know this because it's a password protected um access to the phone so you would have to know the password to get into this wi-fi network and that would be the home in one meows Avenue correct yes that's correct you honor with the course permission if we could uh publish each of the eight voicemails to the jury okay are we going to hear which time each one is yes and Trio again similar to the other messages just uh for point of reference the earliest of the voicemails is the last in the list and the most recent is at the top of the list is that correct yes now as far as this first voicemail uh what time did this occur uh 12:37 a.m. and with the Court's permission if I could play that for the jury [Music] yes Miss G if you could have the second message [Music] sorry just com if you can pause right there please I apologies I just wanted the siren to go by oh that's fine and before Miss Gman presses play again uh trino what time is uh this second message 12:42 coming if you could [Music] [Music] now tripo with reference to the third message what time is that received 12:59 and again when I say received by Mr ke's phone is that correct that's the time stamp of of the voicemail in his phone yes and M Gman if you could with reference to that third message John I'm with you kid nobody knows now the fourth message sto what time was that received by uh Mr O call 102 a.m. Miss Gilman if you could when you're ready that was it so can we just turn the air conditioner off just a second please so you just played it yeah um your honor there was no uh contents they were just um like a 1 second long uh message and TR with regard to the fifth message what time was that receiv received by Mr oone uh 37 1 11 a.m. Excuse Me Miss Gilman if you could yeah it's 1 in the morning I'm with your niece and nephew you pervert you're pervert in the six message sir what time was that see you by Mr O call 1:18 a.m. if you could John I'm going home I cannot leave you sit your need I need to go home you you are using me right now you're another girl he sing next to me you're loser yourself the uh seventh message sir what time was that received by Mr O's phone 5:23 a.m. if you could the last and eighth message sir what time was I received by Mr O's phone 6:08 a.m. Gil if you could if you could pause there for one second I'm sorry with respect to this message uh received on Mr he's phone at 6:08 a.m. uh from your knowledge of the investigation where was the defendant who if anyone was was with her around her at the time of this message at 6:08 a.m uh Jen mcab Carrie Roberts um during the message you can hear someone on the phone with 911 thank you sir Mr Gilman if you could [Music] get [Music] we plet I don't see [Applause] [Music] [Music] [Music] here [Music] [Music] I [Music] [Music] [Applause] [Music] Sor sry sorry [Music] St [Music] on [Music] [Music] thank you Mr can we turn the air conditionings back on thank you very much now TR Gino in addition to the 53 phone calls that you've testified about the defendant made to Mr o'keef from that time frame uh following 12:30 a.m. to approximately 6: um just past 6:00 a.m. did you note uh any other calls uh to a contact uh listed within the defendant's phone as Mom yes and when were those calls up pleas uh believe there's one at 1 10ish in the morning I forget the exact time stamp uh there's also one around 4:40 in the morning and then a 4:42 I right right around 4 in the morning two of them the first two weren't answered and then the third phone call was answered now with respect to uh Miss Reed's phone from that same time period what if any phone calls Did You observe to a contact listed in the defendant's phone as Dad uh it's the same number so when I looked at it in one report it showed as Dad and then when I looked at it in celebrate it came up as mom so I don't know how it's attributing maybe she has it listed twice I never looked at her actual phone so this is what the extraction is showing me now sir you testified the other day that upon your review of the defendants extraction reports you were not able to determine there were no listed uh GPS locations for the defendant's phone correct uh like routes or anything like that and that was because it was turned off uh in the phone is that correct that would would lead me to believe yes that location services are turned off so objection move yeah so so no guess what do you what can you tell us about that well for uh GPS coordinates and location services on that's what would get us locations in the phone so if they're not there they could be turned off now with respect to Mr ke's phone um what have any analysis with respect to GPS uh and your health data well let me ask you this is first from your training experience uh and the your case workk uh with respect to forensic analysis of electronic devices uh what is Health Data in a in a cell phone how is that recorded and and what if anything can that tell you okay uh so in an iPhone you can have Health Data uh sorry uh to use that Health Data uh the phone if you don't have an eyewatch paired to it is basically just a high-tech pedometer it's just every time you move the phone it's going to track back steps and that's if you have it turned on if you have the eyewatch on it'll get uh beats per minute and you get a much more robust uh Health Data from it now with respect um to the Health Data and with respect to the GPS location uh for Mr ''s phone um initially what if any uh sort of analysis did you do with respect to that uh so we checked his uh Native locations uh at 1219 uh the phone is well I should say this at 1212 in his location shows that he's at the waterfall bar the next uh set of locations shows he's uh at denim Street by Cedar Crest and then ways is activated for 34 Fairview so and then it shows me his entire route to 34 Fairview and what is w sir uh way is some of Apple Maps it is uh the GPS program that you know punch in like a Garmin type thing I could take you back to just for a moment just to the the Health Data from the uh the CBR extraction that you did um specifically you looked at data from 12:00 a.m. to 1:00 a.m. on January 29 2022 is that correct yes that's correct and as far as the Health Data was concerned uh there was some entries from 12:11 a.m. to 12:32 a.m. is that correct yes that's correct and can you describe to the jury sort of what you observed and and what if any significance those entries had to you as far as the Health Data was concerned yeah so uh the health data shows um like I said the phone is basically a Hightech pomin if you're moving it around it's going to think you're taking steps where you might not actually be walking his Health Data showed while he's driving that he's traveling and taking steps so I need a foundation over the course uh you became over the course of this investigation your analysis you became aware of of other witness statements uh surveillance video uh things of that nature uh as to Mr O'Keefe's whereabouts uh from approximately 12:00 a.m. to at least 1:00 am is that correct yes that's correct and you're aware of around the time just past 6:00 am. when so let's hear the question that's my go ahead Mr you're aware of the time being just past 6: a.m. that you've already testified to as to uh when Mr o'keef was disc discovered and 911 was called yes that's correct so Sir with respect um to again that time period starting at 1211 a.m. uh what if anything did You observe uh with respect to the Health Data uh of Mr o'keef as signified within the uh so it marks when he's taking steps ascending uh or say yeah ascending stairs uh and distance traveled and so from that period of 12 11 to 12:32 there essentially four time periods that you delineated is that correct yes that's correct and do you remember this precise times and sort of the distance traveled within those time frames I I don't remember the precisely off top of my head with the course submission made the trooper refer to his report just for those numbers you have it with you tro yes your honor thank you okay and Sir if you could uh just uh list for the jury what you found yes uh so 1211 uh and 9 seconds in the morning uh to 12:21 and 5 seconds on the 29th uh it shows that he's taking 170 steps going 99.6 meters or 326 ft at sorry uh at 1221 in 10 seconds and to 1224 in 22 seconds it shows 80 steps and 87. 74 M or 287 ft at 1221 14 seconds uh to 1224 and 37 seconds uh it stated ascending descending three floors and then at 123156190 steps does that indic from based on your training experience and familiarity with this sort of Health Data what if anything does that tell you as to whether or not the person with the phone is physically taking steps that's not the case what is the case uh like I said the phone has internal measures uh uh the phone has internal measures in it but like I said it's basically a pedometer so the movement of the phone the distance traveled it's going to register steps you don't have to physically be walking and moving the phone for it to register movement just waving it around and then could potentially cause it to think you're walking and moving now you mentioned that uh from your review of Mr O's phone you uh indicated there was a way search for 34 Fairview Road is that correct yes that's correct and if you could just explain to the jury sort of what is what is ways and and what what kind of information are you looking at uh WS is a GPS program so you put your address you're looking to go to it's going to tell you the fastest route where the police are Etc and when that um W search was conducted as there a precise time pursuant to your review of Mr O's phone associated with that wave search uh yes it was at 12:20 in the morning and so from all of those steps and everything uh that you uh if Mr O'Keefe is is searching for 34 Fair Road INF probably he's not at 34 Fairview Road is that correct that is correct now with respect um to the location uh can you describe to the jury uh are you familiar with the term based on your training experience known as native locations yes and can you explain to uh to the jury what that is yes uh so native locations in an iPhone the way it pulls GPS dated use a satellite Wi-Fi signal Bluetooth uh location services on apps it takes all that data and use it into to get you the best location of where you are unlike where you'd have like a handheld car mounted Garmin GPS that's just using strictly satellite now from your review of that data when that wave search is conducted at approximately 12:20 a.m. where is Mr o'keef uh physically located at that at that time uh the vehicle uh or whatever they're in is uh by 138 d Street they had already passed Cedar Crest Road and from review of that native location data uh what time does uh the phone arrived in the area of 34 Fairview Road uh 12:24 a.m. now the next entry as far as the location data when is that and where is it indicating that the phone is at that uh shows me it's there the entire night right in between 32 34 fair viiew so and 3 234 Fair View that sort of intersection of those two residences uh if you know where is that in relation to where Mr o' was found uh just after 6: a.m. in the morning I was only going by the photos that Sergeant good had taken and from the Canton PD uh Cruiser cam but that area would be within 3 feet give or take of the uh area where the the GPS signals all plot for the rest of the night now trip greo you testified the other day to a u to that you use called axium is that correct yes and with regard to the location data uh and the tool of axium uh what if anything can you tell the jury as far as uh how that works and and how accurate it is uh so like CBR um ax will also show the native locations in an iPhone uh they're able to display the uh range of accuracy in meters and then also uh the speed of the phone in met per second and were you able to uh ascertain uh from using the axum tool and uh the location data for Mr O'Keefe's Phone as far as its speed in meters per seconds at 12:25 36 a.m. uh I was I don't remember it uh off the top of my head with course permission May the troop refer to for the numbers goad all right um it's a 6346 m/s and a 16.75 meter uh lever of accuracy so at about 54 ft uh measure of accuracy now sir if you could just based on your training experience and your use uh familiarity with this axum uh tool for the record that's axi is that correct yes that is correct so as far as that um degree of certainty or accuracy with regard to the measurement can you speak a little bit about that and explain that to the jury how that how that works and what that means yeah so uh you know as I said the iPhone tries to use multiple things to get you the best uh area of location where you're at um I can tell from personal experience that being at 34 Fair viiew it's at the B Fair viiew where 34 is it on Fair viiew it's at the bottom of a hill and it's also at the bottom of Cedar Crest where they sort of intersect um that area there has many Hills uh so the GPS signal can we in due to uh natural uh landscape uh buildings um weather uh multiple faction uh factors and as far as the degree of accuracy what if anything does that tell you in regards to the location of the phone in reference to that degree of accuracy so it it plots a point where it believes you are and then the degree of accuracy says you could be in this bubble but if it's way outside or way far away it it's all going to show by how well the signal strength is to the satellite so like I said if it's a poor signal it's going to blow out it's going to show you could be in this giant Circle but as it gets better X it's going to shrink back down it's going to say NOP you're right about here and and to that point uh or to elucidate that point that you were just speaking on we'll get to this more in depth in a second but at some point in 2023 did you go to 34 Fairview Road to uh conduct some uh GPS mapping yes they did and when you were in that area of 34 Fairview Road what if anything did You observe with reference to uh satellite connection cell phone connection things of that nature as far as the strength of the signal um so on my way to work I actually Drive Fairview quite often and being there in person with my phone I'll go from four or five hours of service when I'm there it's one or two so that tells me that strength of signal there is not great now turning back to the location data from Mr O'Keefe's Phone uh you mentioned that it's you testified that at 12236 a.m. uh it has a certain accuracy and was traveling a certain speed correct yes now what if any speed is recorded in this location data between that 1225 a.m. and 6:15 36 a.m. umor May just thank you what what time frame execu you looking for what I'm asking is what if any speed was recorded by the location data between uh that first 12:25 36 a.m. and 61536 a.m. oh I'm sorry I thought you asking for before that there's no real speed registered until the phone is found the next morning and so that would be at the 61536 a.m. time frame is that correct yes that's correct and what speed is recorded at that time at 61536 in the morning I chose .24 uh meters per second for Speed and then uh with an acuracy rating of 7.58 M which is 24 ft thanks now sir if I could turn your attention to May 8 2023 um where did you go uh with relation to this investigation on that date I went to 34 Fairview and who if anyone went with you Trooper Proctor now what was the purpose of of going to 34th biew Road on that date in May of 2020 uh we wanted to take measurements of where uh officer O's body was found and then basically a diagonal straight line to the door how the distance that would be and what if any tools did you bring with you and what if anything did you use uh uh in the course of this analysis on this day uh so loaded in the GPS points into a program that the sear team uses called sarapo it's a GPS mapping uh program that you can view through an app so that way I was able to see exactly where I was via the app uh we also used a a one of the big long tape measures that's in like the big thing that would get us you know from where we believed his body was to the front door and from that as far as the determination of of where Mr oi's uh body was located what if anything did you use to determine that uh as I said before the uh uh photos and video from Sergeant good of KPD and the KPD Cruiser cam video so the cruiser cam video that from officer sarus Cruiser is that correct yes that's correct the one that shows where Miss go key body is when officer Sarah AR on correct that is correct now with regard to uh those particular GPS points what time frame did you start as far as your your mapping was concerned uh we took the last uh well we mapped the entire route so at the waterfall bar and then on from their drive on denam street down to 34 V View and as far as these locations how are they measured as far as what what kind of measurements were you using in order to uh plot those points uh we loaded into uh Google Maps and just able to show it with the kmz file to show exactly where he went and so so what I'm asking is as far as the the GPS locations that you were recording was those how were those measured as as far as longitude latitude is that how they were measured yes I'm sorry yeah latitude and you started uh with Mr O'Keefe uh at the waterfall bar in katton what time was that if you know uh 1212 a.m. was the last point and then that time frame when Mr o' native locations are putting him in the area of 34 Fairview roads uh when was that first time Frank the time you arrives yes about 12:24 I forget the seconds but 12:24 a.m. now eventually when you had all of these points as far as the direction travel U location data all of those things what if anything were you then able to do uh with those GPS location I cross referenced them with his health data uh and also mapped it out to see exactly where he would be now with respect uh to the data that you were able to recover if you could describe to the jury sort of the path of travel starting with the waterfall as far as where Mr O's phone was where it traveled and and where you noted it at various uh time points along that sequence okay uh so as I said 1212 uh it's at the waterfall bar then there's a 7 minute uh break in location data uh when the phone comes back up with location data at 1219 as I said he's by denam Street and Cedar Crest Road at 138 denam Street right around there 12:20 a.m. uh 34 vws put into ways he then proceeds down deam street takes a left onto Oakdale road that goes to the end of Oakdale takes a left on to Maple Croft uh as he's going by Maple Croft and Pine Cone Road uh right around 1222 and 14 seconds was a data point listed that he's ascending descending the stairs uh so he's over a half mile away from 34 Fairview at this point they go down uh Maple Croft take a right onto cedarest all the way down Ceda Crest they do not turn on to third uh Fairview Road they it goes by Fair viiew does a three-point turn or turns around somehow and then goes back to fair viiew and takes a right uh where it finally stops between 34 and 32 you so at the time that that um that Health Data is being recorded again you C cross reference the GPS data with the health data from Mr 's phone correct yes that's correct and so at the time that the phone um has that recording in the Health Data descending uh and is it ascending or descending or how does that read in the health dat uh I have my report and that's what copied from the thing it's ascending descending state and at that point in time cross referencing that Health Data with the GPS location where physically uh is Mr O's phone at that particular time frame U Maple Croft by Pine Cone Road right at that intersection and has Mr O's phone arrived or uh been in the area as far as the GPS specifically of 34 Fairview Road at that time yes no not at all and so from the GPS locations that you observed of the defendant's phone initially the phone passes by Fairview Road and then reverses direction to come back correct yes that's correct and then as far as between uh 12:25 a.m. and 6:15 a.m. there's no movement of that phone correct what if any movement Did You observe uh following uh 12:25 a.m. until the period of 615 none until it was found at 6:15 now you me mention that you took a tool and you did some measurements as well is that correct yes and were able to ascertain then some GPS locations for where Mr 's body was found yes and what if any measurements excuse me the accuracy of uh those uh GPS measurements and latitude and longitude what was the accuracy of that uh so um can I read the exact all right um so from 1225 and 30 seconds to about 1235 and 36 seconds uh the GPS accuracy uh is tight on them for the first few seconds and then blows out encompasses pretty much the neighborhood 34 Fair View 32 31 and I'll read the exact it's a 1225 and 30 seconds it has a 33 meter of degree of accuracy which is about 100 feet uh that area encompasses 32 34 and 31 Fairview 1225 31 200t uh measure of accuracy uh that hits 31 32 34 Fair View uh basically the most the all the houses around at 32 seconds uh shrinks back down to 95 foot uh level of accuracy uh hitting 32 34 fair viiew and the front yard of 31 at 33 seconds it's 88 ft again shrinking back in as the signal gets better covering 32 34 for Fair View uh 72 ft of 34 seconds 59 ft of 35 seconds and then 52 feet at 36 seconds so as I said signal weekends it blows out and then as signal gets stronger it shrinks back in the GPS coordinates themselves are all still right where Mr O body was found and so as far as uh if I can take it back just for a second the initial G GPS coordinates that you marked as far as where Mr O's body was found how accurate uh was that measurement as far as to itself where it was uh from what we had and then where we marked from we believe we were in about 3 feet because standing there even with the app it's not perfect I'm not getting a direct saying that I'm right on it so we believe we're within about 3 feet of exactly where he was found and from that air distance of within three feet of where Mr O's body was found how far was that or how far did you measure that to be from the front door of 34th fa Road uh in a direct straight line to the front door 72 ft not accounting the stairs now from your review of that data that you were talking about from that 1235 12:35 and 30 excuse me 12:25 and 30 seconds through 1225 36 seconds when it fluctuates um what time period of of that uh is or what time period of any of the time that you observed uh is it possible that John o'keef was actually anywhere near 34 Fairview Road the house objection ask it within those fluctuating uh circles uh of GPS data that you were talking about what time period uh did those incp Compass the actual inside of the residence of 34 Fairview room it's about 3 seconds where it actually compasses the inside of Fairview that fourth second it's right on the edge of the corner of the house and then the fifth and sixth second um there just showing the front yard and that time period as far as uh that time period as far as uh those uh GPS data from those circles um with reference to the following time periods after this um what if any based on your training experience what if any opinions were able to draw from sort of that date um I so he would have to go from the GPS point that's listed it would take him you know a second and a half to get to the house and then a second and a half back where his body was found where his phone was underneath him that would he'd have to go about 48 ft a second when I did a velocity calculation which is about 32 mph a second to the house a second back there's there was no GPS points ever showing inside the home the backyard of the home uh there's no Latin long listed it's just the degree of accuracy from the GPS signal so 72 ft uh from where Mr oi's body was found to the front door of 34 Fairview Road in order for him to be inside of 34 Fairview Road during any of those measured time frames he would have to travel 72 ft and 1 the objection sustained the objection sustained sir again if I could ask you the uh from the MR O'Keefe's um Health date as far as his specific physical location at the time that it indicates ascending and descending how far away from 34 Fairview Road was it when registered that it's over a half mile away so Maple Croft to Pine conone Road in your opinion sir at any point in time uh from the data that you reviewed uh did Mr o'keef Enter 34 Fairview Road I'll sustain the objection May Pro yes I'm showing you a series of documents canew those and look up when you're finished okay you recognize those sir yes and what do you recognize those to be uh these are the plotted points I did through Google Earth uh the maps and then the through Lexus Nexus the track system the uh GPS range and coordinates and the Lexus Nexus track system if you could explain uh just a bit to the jury as far as what that is and how it's used to create these documents before it's similar to that stapo program I used uh it's a desktop based GPS program uh you put the points in and then it will map them out uh and create uh like I said a kmz file for you so you can load into Google Earth yes I'm okay thank you 63 I return to the WT round yes commission yes Miss G if you could take that down I have my moment [Music] yes in fact Trooper if you're more comfortable standing for some of your testimony you certainly can thank you H good large now Trooper there should be a laser pointer up on the stand before you if you could uh first of all let me just ask you recognize what's up on the screen now as the next exhibit yes and again if you could just explain to the jury sort of what we're looking at in this slide and then using that laser pointer if you could direct the jury's atten to what if significance you have in this particular so I took an overview of the town of can uh so this here is the GPS route and then down over I can barely see let me just look on the map here it's not much better uh the waterfall bar is right I can't really tell honestly from this but it's uh on Washington Street that's it's down here I'm sorry that's why I included uh an overview of everything so you could see the the full range from the time period with that GPS locations if I may possible your voice up I don't know if this is going to work any better but if I could asked if we could turn the lights back on just so the witness can see him and then with the course commiss I think the the map is still viewable to the jury and now the witness can actually see the ex can everybody see it so again Tri sorry now with visible before you you could just indicate again what we're looking at this yep um so when you zoomed in it actually closed it out but it's down over here is the waterfall bar there's a couple of points there listed and then right around here uh is When the GPS tracks go and their route once W is activated down to 34 Fair View uh there is a zoomed in version of by Fair View and Mr if I have the next slide so what are we looking at in this slide y so this is the track uh this one shows the 1222 um yeah 1222 and 142 uh GPS point where the right here where the little arrow is that's exactly where they were when the phone is registering the ascending descending stairs like listed and celebrate jur where that point is in relation to where 34 Fair Road is yes so this is where they were with the ascending descending stairs uh they would go continue down through this little piece here take the right onto cedarest they continue down cedarest missing fair viiew right here and then turn back around and then come to the house if I can have the next SL and TR uh what are we looking at in this slide specifically if you could explain to the jury as far as the blue circle the ATT if you could look this way please attached to the Lexus Nexus tracks uh if you can explain to the Jord what that is and what that signifies this yes so as I said we loaded this in through Lexus Nexus and it gave us the GPS points for C uh for the route uh the point is 348 I just wanted to double check yeah 348 is at 1225 and 30 seconds the blue circle is the uh estimated range so how well the signal for the GPS is uh and 34 Fair View is right pretty much by that L yep there we go is this essentially the same image a little bit closer with without the graphic as far as the Lexus Nexus that's correct this is 34 fav right here 32 and then again this is where all the points are for the duration as far as the the blue circle that's up on the screen what does that represent as far as this particular point in time for this GPS point 348 at 1225 and 30 seconds yes this is the as I said before the the range of accuracy uh um due to satellite strength so as I said it it blows out as it loses strength and then we'll come back in uh as it gets better uh signal next again Tri what's up on the screen what are we looking at this as far as 1225 31 um same area uh where 348 is this is part 351 uh again as you can see strength of signal blows out encompasses almost the whole neighborhood the all the houses around and M if I have the next SL again this the same GPS point of 351 uh number 351 at 1225 and 31 seconds yes it is and if you could again just explain to the what we're looking at yeah um same thing just the degree of accuracy and the strength of satellite signal to uh offer Keef's phone at the again sir you can explain to the jury what we're looking at in this slide of what time frame we're talking about y this is 349 uh uh at 32 seconds again latitude and longitude they're all right in the same area uh and that's that next slot again Trio is this the same GPS plotting point in the same time frame of 1225 32 seconds yes it is and again if you could explain to the jury what we're looking at and this uh in particular in relation to the the earlier slides with reference to the accuracy yeah U so again the accuracy blew out is it lost signal and now it's now shrinking back in uh as accuracy gets better I it out the next slide and Sir what GPS point or what uh time frame are we looking at in this particular this 1225 and 33 seconds uh again same area lat long uh right in the yard at 34 Fairview I'm to back it out the next slide Trio this the same GPS point of number 348 and 1225 and 33 seconds that's correct again you could explain the as far as the accuracy and what we're looking at yep so the I believe they actually wasn't that much of a drop off yeah so went from 88 feet to 72 feet so the circle still doesn't look I really shrank much M the next slide please and again sure for what uh what time frame and what GPS point are we looking at in this one this 1225 and 34 seconds uh again same thing right there the corner of uh 34 Fairview and 32 Fairview if I can have the next slide please this is same GPS point number 350 1225 and 34 seconds is that correct correct and again using you could using that laser point direct y uh so 34 V here so as they said this uh Point here this the last one where it sort of cuts out the little corner of the house uh but everything's still showing directly this is where it's believed to be if I have the next SL what GPS point and what time are we looking at in this one this one's uh 35 seconds uh 1225 35 seconds same thing again GPS point still saying it's right there where his body was but again it dropped from 72 ft back street down to 9 ft so it's going to show the outside only of the house signal streng strengthening at that point is that correct that is correct I get out the next slide going and again so same GPS pointer number 346 in same time at 12235 is that correct is correct if it out the next slide Mr bino with regards to this what GPS point is being picted in what time frame are we looking at this is a GPS point number 345 and it's 1225 and 36 seconds uh again showing that the signal strength has again grown and gotten better as far as growing on better what what accuracy or what degree of accuracy in feet are we looking at at this this is within 52 feet this lastly from this group uh the next slide again sir this is the same as the previous slide GPS point number 345 1225 36 seconds that's correct and again if you could using the laser pointer just illustrate to the jury while we're looking at yep as I said there's no any plotted points anywhere other than right in this area for the rest of the night this is where it stays and there's varying degrees of accuracy but it's there's nothing ever showing it anywhere else uh in that neighborhood I go TR yes thank you you have that last I just gave it back um if you could take a look at that uh look up when you finish yes you recognize that sir yes this is a second map I created uh with the sellbrite locations from their native locations the previous one was for maxium so I use both programs to map it why did you use both programs sir as I said um axium showed uh movement and degree of accuracy where cell doesn't it just gives you the native locations uh I use two programs so I can corroborate what I'm seeing in one is the same as the other because if not then I need to find out why and as far as the information from one program to the other program were they Cooperative above each other yes may apprach yes to introduce and no may I return to the W yes May public jury yes with the lights on still I think so I Trio starting with the first page that you have before you um first of all you recognize what's up on the screen as the first page of that next exib yes sir and again if you could using the B point you have before you direct the jury's attention to what if anything of significance You observe in this first page of this next activity yes so I again this is from the way app they're they're track from 34 234 V view down Cedar Crest again returning back here so that's just the bottom half I just wanted to get a a closer view of where the GPS plots were from SBR and the next slide is and again sir if you could explain to the jury what what we're looking at so the purple dots are the GPS points and the route taken as I said goes up to I believe that's 51 uh Fair View excuse me Cedar Crest and then reverses B and then this is the final point is right here uh 34 varies right here there's a little yellow push pin on it and again I'm sorry just from the timing of the plotting of the points of purple dots that you have there you put just uh using the laser point direct the jury's attention to PA that mr's phone takes in reference if I can ask you first if you could just illustrates the jury this particular where is 34 right here and then if I could ask you with laser pointer to direct the jury's attention to in sequence or how it travels and arrives at that location y uh as I shown goes down Cedar Crest misses Fairview goes up to here by the hus with the pool turns around goes back takes a right onto Fair viiew and then stops ultimately right in between 34 and 32 Fairview uh with a there's like a flag pole and a fire hydrant right there next and tro directing your attention to this slid what are we looking at again I cross referenced it uh with the points this is uh Maple uh excuse me Pine Cone Road and then Maple Croft intersects here and this is the ascending descending stairs Point uh in his phone um doing a Google Earth elevation check there about a 20° dip and then it goes up and then as you go down Cedar Crest the hill is about 50t elevation change again so it's it's pretty significant and so I'm sorry sir as far as the elevation change that you're talking about how is that measured and how how and where is that in reference to what's depicted up here so again like I said in this area here there about a 20 foot drop and then as you go down see AC Crest that Hill it's about 50 ft uh this spot here here is the ascending descending stairs so as I said before the he doesn't have an eyewatch on so it's not collecting that great Health Data it's still acting as pedometer so again whatever movement he's doing is triggering something in the phone as he's ascending and decending these Hills essentially it could be tricking the phone into thinking it's stairs to bike can have the next slide what are we looking at in this one uh uh this time stamp is uh 1219 32 seconds that's when the phone initially starts creating the GPS points uh before WS is activated uh with 34 V searched so this looks to be the time ways is actually opened up and so from the purple dots that are depicted on the screen as far as where is mr's phone at 1219 a.m. in reference to 34 Fair VI 1219 is right here 34 favor is down all the way here number you can't really see but it's right in the bottom corner and the next this is the same map but just minus the tracks uh the tracks uh graphic I'm sorry I lost track of what page we're on is there any other pages in that exhibit for you no that's the last one may I approach this retrieve [Music] yes may we approach okay e e know we're going to take our morning break you course have to stick around but you can file out when the jury does so jurors the lawyers and I have something that we have to do so it'll be a little bit longer I hear it's nice and pull back in the jury deliberation room so we're going to take a half an hour 45 minute break here [Music] yes it's fancy you are muted hey there Karen Reed trial Watchers this is another law crime legal alert have you experienced severe gastroparesis or other side effects after are taking OIC or another glp1 weight loss medication the OIC lawsuits alleg that the drug can lead to severe intestinal blockage and persistent vomiting and that manufacturers allegedly failed to provide adequate warnings about these risks well true law one of our legal sponsors is helping those injured file a claim through an experienced attorney who helps ensure your claim is Thoroughly presented just visit www.g lp1 case.com /lc live to answer less than 10 questions and check your eligibility to file a claim e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e at this time qu it back in session you may be seated all right so Mr tetti did that give you enough time oh I have enough okay all right so miss mofin why don't I hear you just briefly um if you could frame this or Miss delali whoever wants to yes sh the Comal is moving to introduce a um Google search the defendant conducted at 1:27 p.m. on January 29th 2022 uh the Commonwealth would argue that the probative value of this Google Search outweighs any Prejudice to the defendant the search in question is at 1:27 p.m. before the defendant had spoken to law enforcement she conducted a search for DUI attorneys uh the commwell thinks that this is appropriate for the jury to hear as it rebuts the Bo in defense the defendant has laid out not that um she did not intend to commit Jon o Keith the defense has been that the defendant is essentially had what's been represented in opening Court was framed that she had um no intent or opportunity to commit these crimes uh further that she was not intoxicated at the time so the commwell feels that the probative value significantly outweighs the prejudicial value it goes to her her State of Mind at the time that the search was conducted further it also rebuts that there was um any impropriety in the police investigation or that as the defend has put it that the police did not search any or investigate any other potential culprits um the it also would go to the defendant's consciousness of guilt at that time this statement is before she um voluntarily gave an interview with law enforcement it goes to her State of Mind prior to that interview um and so for all those reasons the Commonwealth would suggest that that Google search is appropriate and it's not a typical case where it's an invocation of councel um where law enforcement had not engaged her and it goes to her State of Mind at that time prior to any police involvement and further to rebut that there was any improprieties in the police invol investigation or that they should have investigated anyone else all right and I appreciate Mr L bringing this to our attention to give us time to look at it Miss mlo and I appreciate that you provided a very strong limiting instruction uh proposal I'll hear you miss tetti thank you um you would ask that I prod proof of the phone call from Michael Pro to two oh I didn't say proof no I asked if that was coming into evidence okay well I'd like this Mark for identification for the purpose of this document if I sure C it's re okay so let's have it marked for ID before I hear you any further so Madame court reporter needs to mark it trip identification all right and if I may have that thank you very much just give me a minute Mr tetti all right so this is just that a call occurred right that a call was made from Michael Pro's personal cell phone number you can see the last four digits there to my client at 1:19 p.m. on January 29th approximately 8 minutes before she calls to investigate a potential DUI attorney okay so focus on the law for me and tell me why I should exclude this of course yes with regard to uh the cases that tomol has cited I think the court has seen one of them is an unpublished opinion the other is a homicide case they couldn't be more distinguishable from this case uh with regard to the unpublished opinion that appears to have been a gun charge where the defendant in that case did a search for a 9mm hand gun on his cell phone he did not ask for Google or searching Google for a handgun attorney uh he made a specific inculpatory search uh that uh the Court rule uh was relevant and it was not outweighed by the danger of unfair Prejudice um in this case but we have a a person being contacted by the police and then doing what a citizen has every right to do which is to look for an attorney for representation there's zero probative value to that other than she's presumed to be innocent and she's seeking an attorney to defend that presumption of innocence that's it there's zero probative value but there is a extreme and unfair Prejudice in this case you're want to The Limited instruction that Comm has uh provided ask this court to instruct the jury whether her action in in doing an internet search for an attorney indicates feelings of guilt by its defend I can't even believe that argument so so let let's just focus on on the law I'm trying to you run so what what I'm going to do then is I'm going to stop you so on The Balancing Act that I have to do I find that the probative value is I is outweighed by the prejudicial all right so uh I'm not going to allow it in Mr L in your case in Chief now if uh you feel that through this witness or through any other witness Mr L that it then is admissible I just ask that you come to sidebar beforehand absolutely AR okay all right let's bring trag Gino back in please yes please [Music] Trooper if you have a bad back and you need to stand just stand at any time thank your honor okay what [Music] all for PR the jury hey can be seated back Mr L uh thank you no further questions for this winess all right mrti thank you [Music] um Mr L you left your material [Music] here Cooper gorino you've testified that you disagree in many respects with the findings of the defense expert Rick green uh which he outlined in his affidavit submitt in connection with this case correct yes that's correct I'd like to ask you some questions about your training and education and your qualifications in the area of computer forensics um you graduated from Westfield State University in 2003 yes that's correct you majored in criminal justice and mass communications correct yes I double majored right you chose not to major in computer science correct uh yes that's correct two years after after graduating you became a patrolman in Norwood correct yes that's right the town of Norwood is right next to Canton is it not yes it is you stayed as a patrolman in Norwood for 10 years with the Norwood Police Department correct oh mineus a stint in the National Guard but yes uh you then became a Massachusetts state trooper in 2015 yes I did and you spent four years in the Patrol Division of the mass State Police correct yes I did and that was until 2019 correct and 2019 was the first time that you took a forensic computer course would you agree with that no that's not true would you agree with me that since then your training has mainly consisted of online courses and webinars that is also not true uh okay well you list with regard to your training some in-person uh trainings sir uh but you list 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 actually over 20 online courses do you not yes that was during Co yeah uh well 2019 was not during covid was it 2020 was when I took most of them I I got you but but you say 2019 to 2020 in terms of your online courses and webinars correct uh there's there's quite a few yes all right and uh with regard to some of the courses that you were taking during that time period would you agree with me that one of them was introduction to computer networks uh so this that course was through the nw3c uh where it was from I I asked you whether one of the courses that you took was called introduction to computer networks that's correct and another course that you took was introduction to cell phone inv investigations correct yes introduction to previewing correct yes you hold no degrees in the field of computer forensics do you I hold certifications you hold no degrees in the field of computer forensics or computer science correct like college degree correct yeah correct um you have no Publications in the field of computer forensics do you no not yet and you've never taught a course in computer forensics have you no all right well as a Norwood Police Officer for 10 years and a Massachusetts state trooper for nine years uh you would agree that you've written a lot of police reports over the years have you not yeah you can say that prior to becoming a Norwood Police Officer back in 2005 you attended a police academy right yes I did and at the academy one area of focus was the proper way to write a police report was it not amongst others you were taught that it's important to write police reports close in time to the events in question while they're still freshest in your memory correct that's not necessarily the case Okay so is it your testimony before this jury that it's preferable to wait months before you submit a police report on something that happened months ago sir well it depends on the data that I'm using I can't get into a phone then yeah I have to wait months okay uh but once once the information is received that you need to write a police report would you agree with me that it's important to record it in a report as soon as you can no I stand by my previous statement that as soon as the data is available that I can do it I will and if you know things come up then you know I do when it's able so I think you just answered my question you said as soon as the data is available and you've completed your investigation I never said I completed I said if the data is available let's say you've completed your investigation so you're going to argue with me that it's preferable not to wait to record that data in a report jaction ask it ask it differently Mr yti you were also taught that it's important to include all the important details in your police report correct again it it depends on the report I'm writing okay so in other words there are times when you're writing a police report when you intentionally leave out important details Trooper is that your testimony before this jury jackon I'll allow that question is that what you do Trooper no ma'am your honor so you would agree with me going back to my question that it is important to include all the important details in your report is it not again it depends on the port that I'm writing there's some data that goes in there's some that doesn't I can't have everything in again for phone I'm speaking to technically phone reports or cell phones uh excuse me computers I can't include everything that's why we have the program that if I need to add something via celebrate or Axiom I can create a report through that if I did a handwritten report for everything may be thousands of pages for the amount of data in these devices one one purpose of writing a police report is to share information with your fellow investigators is it not uh I I suppose so uh another purpose of writing a police report is to be fair to the people that you're investigating by explaining as best you can what happened correct I don't understand that question denam okay uh the fact is you did write some early police reports in this case dated February 4th 2022 just 6 days after John O'Keefe was found mortally wounded on Brian Albert's front lawn correct that is correct when you wrote those police reports you knew this was a homicide investigation correct uh I was told that it was believed to be yes uh so that underscored the importance of being accurate and truthful correct especially in a homicide investigation uh I write my reports no matter what the investigation is the same exact why and the purpose of one of your February 4th 2022 reports was to explain how you came into possession of John O'Keefe's cell phone and to note the extraction that you did on the phone do you recall that report yes I do and before writing that particular report um you spoke with Trooper Michael proor did you not uh I received the phone from him but I I'm sorry I received the phone from him originally yes and when you received the phone the two of you did not remain mute right the two of you chatted uh I don't remember the exact conversation but there was a conversation correct I'm sure there was and you recorded what Michael Pro Proctor told you about uh that cell phone in your February 4th 2022 report did you not no I didn't Michael Proctor told you that on Saturday January 29th of 2022 he and sergeant buenik had responded to 34 Fairview Road in Canton did he not Jackson oh allow that no he didn't well you wrote in your very first sentence in that report the following quote on Saturday January 29th 2022 Trooper Michael Proctor and Sergeant Yuri buenik of the norfor County District Attorney's Office responded to the unattended death of John O'Keefe at 34 Fairview Road in Kenton those were your words were they not all right so the objection sustain you can ask it different did Michael Proctor tell you that he had received or retrieved John O'Keefe's cell phone from 34 Fair Road in Canton objection I'm going to allow that uh no I didn't know where it was retrieved from you didn't know where it was retrieved from correct all right um but you did include in your report that while Proctor and buen were on scene they retrieved the cell phone of John o'keef correct at some point during the day they did I don't know where from so there's multiple yeah I'm asking about your report TR but you know I'm questioning you about your report no I understand and I'm explaining I don't know get to explain sir most respectfully until Mr L questions you so no comments um I think to speed things along do you have that your report with you I do your honor I think it'll make it easier you read the first two lines let him grab it uh go can you read the first two lines to the jury please y on Saturday January 29th 2022 Trooper Michael Proctor Sergeant Yuri penik of the northfalk District Attorney's Office responded to the unattended death of John o'keith at 34 f Road in Canton through his investigation was found o'keef was a victim of a motor vehicle homicide while on scene Trooper Proctor Security ''s phone and brought it to the northw DA's office for forensic analysis okay so you'd agree with me that you included that Clause while on scene they secured his phone did you not I did write that okay uh and that was back on February 4th of 2022 correct yes it was within six days of John o'keef being found mortally wounded on Albert Swan correct yes sir and at that time you knew that the crime scene was 34 Fairview Road correct no uh yet you put in your report while on scene did you not yes I don't know what scene they recovered from I know they went multiple places on the 29th they didn't get back to me till 7:30 that night almost when I first got the phone well you you'd agree with me that the Canton Police Department wasn't the crime scene correct I never said crime scene in my report I wrote scene okay um well Canton Police Department was not the scene of any crime was it I don't know I don't believe so you don't know if the Canton Police Department was the scene of a crime I don't think it was you don't think it was okay now in that report you were trying to establish the chain of custody of that phone right because you described where it was found where it was taken and who had had possession of it correct I said it never said where it was taken I said the phone was recovered unseen by Trooper Proctor again I don't know where it was recovered from I did find out later it was at Canton PD well hold on a second uh again we're focusing on your report I know as opposed to details you want to fill in now okay with regard to you you just testified that you never said where it was taken yet previously you said it was taken to you was it not no I said recovered from like the scene location did trooper Proctor take the phone to you and hand it to you yes he did okay so it was taken to you correct that is correct all right so uh you described in your report where it was found because you said while on scene correct correct and where it was taken it was taken to you correct yes sir and who had possession of it which was initially Trooper Proctor in terms of your observations and then you correct that is who brought me the phone to the DA's office yes um and you would agree with me that chain of custody of a piece of evidence is an important detail in any criminal investigation isn't it yes um would you agree with me that someone reading your report or listening to it as the jury listened today would understand you to be saying that Michael Proctor sees John O'Keefe's cell phone at 34 Road in K objection sustain all right um I'd like to ask you some questions about the extraction that you discussed in that same February 4th 2022 report the very same report um in that report after you name the tools that you Ed to extract data from the phone you indicated that a copy of that cell phone extraction was was placed on a state police server or was it a DA's office server uh DA's office server okay on a server so that it could be accessed there correct that is correct but that extraction you placed on the server did not include all the potential data on joural Keef's phone did it uh how do you mean well didn't you indicate in your report that the extraction uh was not inclusive of all potential data contained within the device no that's not true well the extraction that you did contain Communications uh iOS messages phone calls social media Communications between John o'keef and Karen Reed correct yes that's correct and it contained Communications between John o' Keefe and Jennifer McCade yes that's true it contained Communications between John o' Keef and Kerry Roberts uh uh I can't recall all right but it did not include any Communications between John O'Keefe and Julie Albert did it again I I can't recall and again I'm talking about that initial extraction that initial one didn't include any Communications between John o'keef and Chris Albert did it I only created one extraction of John Keef's phone um that extraction report uh also did not include any location data did it uh no it did um you didn't note any location data in that initial report did you in the February 4th report correct I didn't go through the data at that point all right this is just my extraction report saying that I got the phone it was extracted and placed onto the server and then I wrote this report is not inclusive of all potential evidence uh excuse me potential data contained within this evidence what was the first time that you reported on location data in this case uh I don't remember wasn't until April of 2023 correct oh there was a reason for that well I didn't ask you if there was a reason for it sir you understood my question didn't you that's correct my first report regarding was the in January um and uh with we're talking about John O'Keefe's Phone now here yeah um you did not report on the location data on John O'Keefe's Phone until April of 2023 correct uh I didn't EX look at the extraction initially and you also uh did not uh report on any app Apple Health Data until the spring of 2023 correct again I didn't look at the phone extraction Trooper Proctor would have looked at it I would have loaded it and given it to him okay so so trer Proctor had access to the phone first and then you took care of it correct he had access to the extraction that I would load into sellbrite form to look at where you can't change the data that is correct okay uh and you would agree with me that you didn't address johal Keefe's health or location data in any formal report until that April 23 report correct that is correct I never went through it right and you submitted your report in April of 2023 after you became aware of an affidavit file by the defense expert Rick Green in which Mr Green extracted and analyzed Jon Keef's location data and his movements according to Apple Health Data isn't that correct yes that is correct uh before Rick green submitted that affidavit uh no member of the State Police homicide investigation team including you had ever looked at or at least reported on the location data for anyone present at 34 Fairview correct for the devices that we had sir the for J for Jon Keefe's device uh for Jennifer McCabe's device I I can't speak to that I don't know all right but you didn't correct again I didn't look at the the extractions until later right so you hadn't looked at uh John O'Keefe's location data in particular prior to Richard green pointing out the location data in his uh affidavit correct again I don't I can't I don't know I wasn't asked to look for that data when I did look at it on it correct yes there's no report on till then right same with Jennifer mccabes location data you didn't report on that either correct I didn't look at Jen M Cab's phone you didn't report on Brian Alberts or Colin Alberts or Brian Higgins location data would you agree with that I didn't have any of their phone extractions to get that data so I wouldn't be able to anyways um but when you finally did check the location data uh I want to ask you about your testimony on direct examination that uh you believe that at a certain point with regard to John O's phone the accuracy of the GPS points was within 3 feet do you remember that testimony yes sir all right um can you show me where in any of your reports you specify that the GPS uh points are accurate within three feet I don't know I don't have it in front of me um my my my in my reports or the report yeah no any any reports that you have in front of you or any that you review where where is that what do you uh that I wrote that is it in writing anywhere sir yes I wrote in my report that we believe we're within 3 feet of the the latitude and longitude points that were mapped in sarapo when we went to that is the second report that I did Sir the May of 2023 report uh May 9th 2023 all right um now let me just have a moment yep it's uh page [Music] that would be page four or five should be in the top there paragraph nine can read it if You' like hang on um would you agree with me in paragraph 9 there is nothing that mentions that the accuracy is within three feet from the program no I'm asking you about a report that you offer that you just mentioned to this jury it's in paragraph paragraph 12 I'm sorry says Tri Proctor and I be to measure I'm sorry sorry sorry I'm sorry I wrote triple Proctor and I began measuring the approxim I'm not asking you to read it you're mentioning paragraph 12 and you're went you're talking about one particular spot in that correct yes that is the spot that we pointed on our now with regard to uh John O's phone uh would would you agree with me that it's important to properly handle and secure a cell phone that is seized in connection with a homicide investigation yes um was it important in this investigation to properly handle and secure John O'Keefe's cell phone since he was the homicide victim I mean it was we locked it in a secure evidence lab all right well you uh testified that the first time you reported on [Music] in your investigation or your evaluation of the location data that was in your April 24th 2023 report correct yes sir um and in that report um you revealed that you looked at his location data using axium software correct yes sir and axium is a competitor of celebrate you say that yeah and axium is relied on by law enforcement across the country I believe so and you relied on it here in terms of this issue of the location data did you not I use multiple programs but yes I use axim as well um and regarding the location data that you examine with regard to John o' kei's phone you noticed uh or you noted I should say that after a period of no speed having been registered for a period of time um John O'Keefe's uh cell phone started registering movement at 604 or 615 a.m. 615 a.m. 6:15 a.m. and that's actually 615 and3 6 seconds correct uh I don't have it in front of me but I believe that's correct sound right yeah um and at that point his phone registered a speed of 0484 m per second just want to confirm sure is that the second report of the first report I'm sorry there it is yep 0484 0484 m/s yes and that's at 615 and 36 seconds yeah yes it is all right so now as you were examining that data uh sir um you certainly knew from this investigation by that point that when the phone was moving according to that data at 6:15 and 36 seconds on January 29th of 2022 John O'Keefe had already been found mortally wounded and incapacitated correct from the voicemail message that's how I was able to I don't know the exact time frames that he was found in transported but I know 608 from M Reed's voicemail that the 911 call is made and they they're unseen I think we're talking over each other because what I'm asking is you knew that by 6:15 and 30 seconds in the morning on January 29th John O'Keefe had already been incapacitated and mortally wounded that was my question oh yes that's sorry I Mis uh misunderstood um so you knew from your investigation that that mean meant it could not have been John O'Keefe moving with his phone at 615 and 36 seconds correct that is correct it had to be somebody else correct yes would you agree with me that once investigators took possession of John O'Keefe's Phone any movement of his phone after that would not help in your homicide investigation would it I don't understand so so in other words uh John O'Keefe's been incapacitated yes somebody from law enforcement seizes his phone um would it help your investigation or the investigation of the north detectives unit to track and record location data on that phone after 6:15 a.m. well it's there I did look at it goes to Canton PD and then later comes to the office I asked I I I didn't ask if it's there I know it's there I I'm asking you does that help you in your investigation of a potential of of a homicide um to track the phone and have that location data recorded on the phone after John o'keef could not have been the one moving with it no not necessarily um in fact if the phone is manipulated in some way after investigators take possession of it that could potentially harm an investigation couldn't it objection [Music] well to preserve the Integrity of the data on the phone as it existed before the police took custody of the phone there is a way to stop the phone from recording location data again after the police take custody of the phone isn't there uh yes if you can place it into airplane mode yes yeah you mentioned on direct examination that it could be accomplished by putting the phone into airplane mode correct that is correct sir um but when that phone was seized no investigator put the plane into airplane mode that early morning because you know that location data was found on that phone correct uh I don't know when it was placed in airplane mode but you know it wasn't by 6:15 a.m. correct that is correct and there's also another way to prevent any signal from entering or exiting the phone you'd agree with that yes there is during your direct examination you mentioned the concept of a farad bag that is correct sir a faraday bag has special fabric that blocks electromagnetic signals entirely does it not yes sir so putting the phone into a faraday bag would be another way to stop the phone from recording location data while the phone's in police custody correct yes sir and you'd agree with me that during that early morning hours as of 6:15 a.m. and thereafter uh no investigator in this case put that phone into a faraday bag on January 29th correct not to my knowledge um in fact after John O'Keefe's cell phone started registering movement at 6:15 and 36 seconds in the morning on January 29th it continued to record location data the rest of the morning until 11:56 and 1 second uh am on January 29th correct I don't know the exact end time but I know it does have GPS data points throughout the day um so you would agree with me that for several hours after the police had the phone it was not put in a faay bag and it was not put into airplane mode correct that is correct all right now uh with regard to the uh voicemails uh that you've previously testified to and that the jury has heard and they've been introduced into evidence um you had uh testified on direct examination that uh Karen Reed's phone connected to the WiFi at one Meadows AV at approximately 12:36 in the morning yes sir um so you can testify based on that that by 12:36 in the morning uh Karen Reed was not at 34 Fairview correct that's correct and uh that was uh the first of those voicemails that you testified to correct that was the I I hate you voicemail yes that's 1237 correct okay uh and that voicemail and every other voicemail that the jury heard was left after Karen had left 34 Fe correct yes sir uh and uh except for the one at uh you know after 6:00 in the morning the 4-minute one when she went back we heard that one but all the other ones were uh apparently left when she was at one Meadows correct I can't speak to where she was but but she wasn't at 34 yes that's correct she was in a 34 and you would agree with me based on uh on those voicemails and what you know about them and what we've just discussed that uh no one at 34 Fairview including Jennifer McCay could have witnessed Karen Reed outside that Residence at 12:45 a.m. correct uh no I don't believe so um so you agree with me no one could have including Jennifer mccab could have seen her at 12:45 at 34 fairie as I said she autoc connects to the Wi-Fi at 1236 I know she wouldn't have been there all right now uh we've talked about the uh findings of or the fact that you reviewed the findings of Rick green by reading the affidavit that he submitted correct yes sir um and you learned in that affidavit that Rick green was able to track not only when John o'keef arrived at 34 Fairview but also the rout that he and M Reed took to get there on January 29th correct I don't recall his report fully but um you learned that he was able to accomplish that by examining the data from the app ways that you spoke of correct yes I did find that myself all right and ways is spelled w correct yes all right um and you've previously testified it's a commonly used app for driving directions and navigation yes sir um and regarding your analysis of the phone you learned that there was Apple Health Data from John O'Keefe's Phone on January 29th of 2022 correct that is correct and apple Health Data can reveal a number of steps that a person has taken during a given time period as well as whether that person is going up or downstairs correct uh yes and on John O'Keefe's Phone uh you learned that there was Apple Health Data that tracked his Steps From the time he's seen on surveillance video leaving the waterfall bar in Grill and moving forward after that correct I don't know anything about the waterfall bar uh video I just have the time stamp from the phone showing it at around 12:12 okay at the waterfall and it actually was uh between 121 and 9 seconds and then the uh ending period of that first time period was 12:21 and 5 Seconds uh and oh yes from the health thank you yes yeah okay from the Apple health and the data showed that he took a total of 170 steps between that time period correct that's what the phone registered yes all right and uh regarding those 170 steps um isn't it true that um this data from Apple Health signifies that uh 170 steps took place at some point during that 10 minute approximate time period no um so is it your understanding that those 170 steps all took place at 1211 no um again like I said the phone is a high-tech podometer it doesn't mean that steps were taken it means the phone was manipulated in a way that it believed it was moving and taking steps oh I I see your objection okay so yeah let's let's assume there were steps for the purpose of this discussion okay because and they could have been steps correct they they could have been yes but all right so let's assum let let's assume that for now okay um assuming there 170 steps taken um that could have meant that John O'Keefe took 170 steps beginning at 1211 within that time period correct uh it's saying the again the time frame that a game is 1211 to 1221 right yeah so so other he could have started walking at 1211 correct yes all right but he also could have taken that 170 steps closer in time to 1221 correct well at that point he's in the car I'm not asking uh about where he was I'm just I'm just asking about with what the data shows and I say no if it shows 170 steps between 1211 and 1220 uh 1221 then strictly based on the data you don't know where those 170 steps took place within that 10 minutes correct to an agree yes okay um and it's it's possible it could have been toward the beginning toward the end or maybe fairly evenly spaced you just know that there were 170 steps that were taken in that 10 10minute time frame correct again that's assuming that they are steps right and again I'm asking you from the data itself again the phone says it steps doesn't mean they are all right well the Apple Health Data also showed a total of 80 steps between 1221 and 1224 correct um as part of your investigation of this case were you aware that there was a 1223 text message from Ryan Nagel to Julie Nagel in which Ryan text texted his sister Julie he had arrived at 34th Fairview jackon sustained you can ask it differently in any case you would agree with me that 1223 is between 1221 and 1224 correct that is correct and that is the 1221 to 1224 time frame where the Apple Health Data showed that the user of John O'Keefe's Phone took 80 steps correct yes all right uh now John o' Keef's Apple Health Data also showed that he climbed up or down three flights of stairs between 1221 and 12 24 correct yes and that's the same period in which the data reflects 80 steps correct uh let's off by about 12 seconds 1222 22 sorry 1224 and 22 seconds was the ending for the stamps but 1224 and 37 seconds okay but approximately approximately yes all right and uh regarding going up and down those three floors apple does not provide data precise enough to determine when within that range the three floors were transverse correct there was a second point at 1222 and 14 seconds that had specifically on stairs okay um and you would agree with me that uh and again assuming that there were stairs as Apple Health Data reflects they those stairs could have been ascended or descended toward the beginning toward the end or throughout that 3 minute time period correct uh in this case no because there's a set point that's in the cellb report that shows it's 1222 in 14 seconds all right finally uh his Apple Health Data also showed a total of 36 steps between 1231 56 and 12326 correct yes that is correct so I would like to direct your attention to your May 9th 2023 report which was the second report that you wrote that we've already referenced yes sir um specifically paragraph 15 okay um you wrote that O'Keefe's Health Data in celebrate shows him ascending descending three flights of stairs at 1222 and 14 seconds did I read that accurately yes sir and the native locations in celebrite and the cach locations in Axiom both show O'Keefe's Phone location by the intersection of Oakdale Road and Pine Cone Road which is in front of 36 Oakdale and which is approximately a little over a half mile from 34 fairw did I read that essentially correct yes sir all right um do you stand by the statement that he ascended and descended three flights of stairs precisely at 12:22 and 14 seconds I'm going by what celebrate has given me from that time point and that's what I used um isn't it true that what the Apple Health Data uh actually state is that j o Keef's phone went up and down three flights of stairs sometime within the time period that began at 12224 and ended at 12437 I don't I can't speak to it I don't know this is what again I'm looking at the report this is what the information that is parsed out of the phone is giving me right I'm I'm just asking about the data itself it gives you that time period and tells you three flights stairs correct yes that is correct all right um so uh assuming that those three flights of stairs were ascended or descended closer in time to 12224 which was in within that time period um that would still give him time to arrive at 34 Fairview within a couple minutes later would it not I'm sorry the time yeah so so we have a time period that you've agreed with which is 12244 ending at 12437 right a little over a couple of minutes like 2 minutes and 23 seconds uh yeah about that all right so um the three flights of stairs again just according to the data could have been ascended or descended with at the start of that time period correct no I'm I'm confused what you're trying to say so you're saying that he's at the house already at 12 asking about the house I'm asking about the data no I know but I'm asking about the when when you're saying he arrives in that data range no what I'm what I'm I'm I'm strictly asking you just to look at the data yeah and you agree with me whenever there's a time period an apple Health turns either steps or stairs you can't pinpoint just from the data when they occurred within that time correct Jackson you maybe helpful if council could refer to which data he's talking about and not just keep saying is referring to specifically I'm slightly confused I I know you said that that time frame that I wrote in my report for that 1221 to 1224 and then as I stated before celebrate shows a specific time point of 12:22 and 14 seconds when the stairs are ascended descended so that's that's why I'm confused we're going to get to that but I'm not asking you about that I'm asking you about the fact that there's a time period and you can't place where within that time period just based on that data itself yeah that's what's recorded and shown to me so again I that's what it's shown okay can't say otherwise your conclusion was that John O'Keefe could not have been at 34 Fairview Road at 1222 and 14 seconds because ways put him on Oakdale Road about a half mile away correct 12 yes correct all right and that caused you to disregard the Apple Health Data or to attribute it not to steps uh or to stairs uh because he was a half mile away between that 1222 and 1224 time period correct yes I attribute it to movements all right so I want you assum to assume for a moment uh trooper that John O'Keefe's Phone location actually showed him on Oakdale Road 3 minutes earlier at 12:19 a.m. okay if you have that in mind you okay all right um with that assumption would you agree with me that the Apple Health Data about him taking 80 steps and climbing up or down three floors at 34 Fairview Road would make more sense objection sustain may we approach sure e e e um sir are you aware that apps on an iPhone may pull data from three different clocks when they're time stamping location data uh you mean like mac absolute time or apple time you are you aware multiple time stamps that are in an iPhone correct that's not my question my question was are you aware that an app on an iPhone may pull data by choosing from three different clocks when it timestamps location data yes what are those three separate clocks uh depends on the program uh it could be uh the Mac absolute time it could be the Unix Epoch time I and sorry there's like two others I don't remember them all with regard to j o Keefe's actual iPhone did you research what clocks were available for apps to pull data from no I didn't um are you aware that those three clocks can vary in time yes uh sometimes for a matter of seconds what do you mean so other words the three clocks could be Seconds Apart correct I would have to see the data and you would agree with me that sometimes the clocks could be off by three minutes correct no again I would have to see the data may I approach yes Mr L did you get a chance to look at that no [Music] okay um I'm going to place this before you and ask you to review it directing your attention specifically to what is Mark process 3434 okay okay um do you see the process 3434 highlighted in blue on what I've placed before you yes sir and with regard to the right side of that exhibit do you also see process 3434 with more information on the right side yes uh and do you see the three different clocks that are listed on that um print out I do what are those three different clocks uh sorry mon monotonic date time baseband date time and then a display date time um and looking at that uh you recognize that as being information that was available from John O's phone from the extraction yes um I would offer that as an exhibit your honor any objection Mr L no your h what are we going to call that Mr how are we going to refer to that um it could be called uh you know a print out regarding 3434 okay or print out from John O's phone 64 thank you thank you um now you have exhibit 640 in front of you sir um looking at 6 40 is it clear to you that those three clocks were not in sync regarding that one process number yes in fact the uh mon monotonic clock regarding this particular ways artifact from John O'Keefe's Phone says 2:22 a.m. while the baseband and display clocks have time stamps 3 minutes earlier correct yes so if there's a three minute difference between the clocks well strike that do you know with regard to that 222 a.m. location data on ways um do you know which clock W was using for that or the iPhone was using with WS I don't I didn't look through sell asking I was using sellbrite for that okay um but certainly that would have been available to you had you looked at it correct well this is the but the artifact you show me is from the Power log it has nothing to do with the GPS so it's not correct you you could have looked at that exhibit right information in that exhibit to see the three different clocks sir yes but I can explain why this is incorrect all right maybe Mr L will ask you sounds good um but you would agree with me if there's a three minute difference between the clocks and you don't know which clock was used to put Jon O'Keefe's Phone on Oakdale Road at 2:22 a.m. that could explain let it's not 222 I know what you meant Mr Jackson thank you I'm sure everybody else did um with regard to uh uh the um three minute discrepancy between the clocks and you you said you don't know which clock way was using to put Jon O'Keefe's Phone on Oakdale Road at 12:22 a.m. that could explain the discrepancy between the Apple Health Data and the ways data could it not no but um as you sit here today you don't know whether ways was r on the bband display or monotonic clock correct again that's not can't be used for that now you're aware that Jennifer mccab signed a consent form on February 2nd of 2022 for her cell phone to be imaged yes and a full forensic extraction was performed on that phone sometime shortly after February 2nd of 2022 I don't remember the exact dat I didn't download her phone uh but in any case you generated a celebrate full file system extra report on May 31st of 2022 correct uh yes and you were aware that that celebrate report was the one that was turned over to the defense in this case correct that is correct um but you'd agree with me that that extraction report didn't contain anything close to the full file system despite the name on it correct it did well that report was filtered to return only Jen mcc's Communications with Carrie Karen Reed Carrie Roberts John O'Keefe and Kaye f fish correct that is not correct did Michael Proctor instruct you to pull only those Communications jackon um you didn't seek to obtain any of Jen Jennifer mca's Communications with her sister Nicole Albert did you uh I didn't go through as I said didn't go through JMA caves info and you didn't seek to obtain any of her Communications with her daughter Ali Albert did you I'm I'm sorry Alie M Jackson may we approach sure e e e uh you would agree with me that uh the full forensic image of Jennifer mcc's phone was not shared with the defense until it was requested By Us in October of 2022 sir that is not true uh when you wrote your report on April 24th of 2023 in response to an affidavit provided by uh Rick green the defense forensic computer expert um it was in that report that you finally disclosed for the first time the existence of three Google searches by Jennifer mccab correct jaction right so ask that differently um prior to April 24th of 2023 uh you had not reported in any formal manner uh with anything that was shared with the defense about the existence of uh three Google searches by Jennifer mccab correct I never looked at Jennifer McCabe's phone and and so so was there anybody else from your unit or anybody else that you worked on that provided that material to us not that I know of page two I we don't have a print I have on approach the witness with that okay show it to Mr L [Music] first um so I'm gonna place this before you without destroying the I got it computer yep sorry sir you take a moment to familiarize yourself with that do you understand or can you tell the jury what that is Yep this is a you could put in a PDF the this this isn't one I gave to you this is a pdf version of the ued reader report that I gave so I gave the portable CBR version to you this is a copy of it and I can't I will not testify that anything in this is correct because this could have been filtered but your name is on there is it not yes it is what's the date uh May 31st 2022 thank you yeah okay um you'd agree with me with regard to that April 24th of 2023 report um on page two you state quote in my initial celebrate ued reader report and then you put version 7.3.0 point2 n that was created on May 4th of 2022 the search history for Jennifer mccabes phone had two Google searches in Safari correct yes and you list out how long TI die in cik at 62351 and hosong to die in cold at 6437 correct that is correct um and by the way with regard to the timing of those two particular searches you are aware are you not that Jennifer mccab placed a call to Brian Albert at 623 and0 seconds I don't have it in front of me I don't [Music] [Music] yes thanks all right sir plac before you a document could you uh familiarize yourself with that and then tell the jur if you recognize what it depicts uh have a call log that says two 0888 with no name at 623 that's incomplete because there should be three other records accounting for this call okay uh but that record itself reflects a call uh from Jennifer McCabe's phone at 623 and 0 seconds I I don't know there's no number on here so I can't tell that just says it's a call log with one call that's not answered at 6:23 in the morning with doesn't say who it's from or who it's going to okay it also was incomplete because there should be two other records with this this is from the C call history store data wall Mark is deleted um it's marked as deleted does it give a duration it just says durations 0 seconds okay and does it reflect that it was unanswered does okay can I have that Mark for identification please [Music] okay thank you um did you investigate whether a call was placed from Jennifer mccave to Brian Albert at 6:23 in the morning and 0 seconds I didn't look at any specific calls that morning I created a stbr report that's about it did did you did you ask either Ian wiffin or Jessica Hyde to look into that issue jaction sustain you would agree with me that that call and the record of that deletion of that call is nowhere in your April 24th report correct I believe it's in my May 9th report all right did I ask you about your April 24th report sir I didn't address anything regarding phone calls my April 24th report all right now going back to when you uh began your exam ation around May 4th of 2022 uh you were looking for information on uh did you look on Jennifer M's phone back in May 4th of 2022 did I physically open the phone or did it did you review the data at all from I'm confused for on the cell phone itself or from the report either way no her phone was returned to her and then we had the extraction I did not uh utilize the extraction at all um you never included the two searches that we discussed the you know how long TI die in cik and hosong to die in cold um in the full file system extraction that was turned over to the defense did you they were included well page six of your April 24th 2023 report goes on to state that when you switch to a new version of celebrite and dropped yeah it was the phone call the Power log uh page six of your April 24th 2023 report um says that when you switch to a new version of celebrate physical analyzer which was version 7.61 point0 point1 two you found an artifact from the browser State DB wall file for a Google search of hosong dying cold at 2 27 and 40 seconds correct yes may approach yes coer I'm placing before you what has been marked as exhibit 99 do you recognize that yes uh and what is that it's the searches that were done at 623 regarding the misspell how long to die in the colds okay and it's actually hosong to ding right hos yep that was that was marked by celebrate as deleted was it not yes all right and your April 24th 2023 report goes on to mention two deleted calls to Jen mcc's sister Nicole who was saved as Coco in her phone correct uh I'd have to see it but I believe so may approach [Music] yes thank you showing you what's been marked why for identification if You' familiarize yourself with that and look up at me when you're done okay um is does that show the two deleted calls to Jen McCabe's sister Nicole who was saved as Coco in her phone I don't know who it's coming from but it does say it's going to Coco and then again coming from Wall Files correct all right uh and your report doesn't mention it but what was the duration of those two calls according to that laog uh on this sheet here it says 9 seconds for the first one and then 7 seconds for the other all right and those calls both of them which actually had durations were marked answered by celebrate correct yes may I offer that your believe it's already in but I'm sorry I believe it's already for identification no I I Believe Miss McCabe's phone calls and all of that is already marked as an exhibit months ago you're on I don't think there's any harm in marking this and uh I want to display it all right I'll let you display it if it's already in evidence I just don't want duplicate I understand so what I'll what I'll do is I'll let you display it and then Mell at some point you find where this is and we will mark this like a to whatever the ident whatever the number is thank you right um Mr B if you could display what was and uh trer with regard to what is displayed on the screen now uh is that consistent with what I had just handed to you yes it is all right and with regard to the first entry there uh you would stated that it doesn't say uh you said it doesn't say who was making the call was that your testimony yes just says right here yeah two I'm guessing that's the last four of the number the rest is blurred and then yeah that's it okay and and you know that that 0204 last four digits that is to somebody who was um listed as Coco in the phone cor right I I don't know any of these phone numbers or people you previously testified these two calls were somebody to somebody who nam in the phone oh yeah from the she you gave me that shows it okay uh and the time of the first call was 6742 is that right that's correct and you testify that that's the one that had the duration of 9 seconds yes listed as answer correct and correct yes and no and I can explain if you'd like listed as deleted is it not there's a reason why is it listed as deleted it is but there's a reason why with regard to the second call that appears to be to the same number or at least the same last four digits yes and in the sheet in front of you that's also to Coco correct yes and that has a time stamp of 68 and 17 seconds correct that is correct that also has a duration and that's of 7 Seconds yes also listed as answer yes and also marked deleted correct yes and there's a reason and um are you aware that uh Miss McCade um made other calls that morning which were in fact marked unanswered by celebrate again I'd have to see what you're referring to um so as you testify to here today you are you have memory as to whether or not she made a number of other calls that were Mark deleted sir there are a number of calls that morning I have not memorized all of them and again you want to find a approach to show something that's on a computer [Music] screen thank you got it okay um I've placed before you what appears to be a PDF document on a computer screen if you familiarize uh yourself with it and look up at me when you're done okay what does that appear to be sir an incomplete PDF of the call logs from whoever's call uh log this is okay and uh do you see uh in that PDF that there were a number of calls that were marked unanswered by celebrate again I can't testify to any of this CU I can't confirm that where this data came from there's no source file there this is completely it's incomplete so I do see what you're talking about in that column but I don't know what any of this data is from or who made this is your name on it at the very top it would show my name no matter what because I created the ued and the extraction I did not create this PDF so the answer to my question is your name is on that document correct it is but I didn't create right uh and with regard to the calls that were marked unanswered would you agree with me that celbrate had them with durations of zero seconds objection can you agree with that can you answer that question can please answer it with the data given here I can't because like I said I don't know I don't know where they got this from your honor so who created that document I don't know um so are you testifying that nobody in law law enforcement created that document or nobody no forensic expert for the created that that document I created the extraction and made a ufed reader report which is a basically a portable celebrate version that I use at the office I gave that to defense I don't know who created this pdf version of data with specific things I did not was it Michael Proctor [Music] no as I said I was the only one that created any celebrate related reports in this case well um I'd like to ask you some questions about my client's cell phon sir okay um on Tuesday when Mr L was questioning you um he had you point out and read some text messages that were on her phone between John O'Keefe and her correct those messages were taken from John O'Keefe's Phone okay um would you agree with me when he was pointing out those text messages to you um he skipped about 40 pages of messages at one point I don't know they believe their text messages went back all the way to 2020 or something ridiculous in his phone he started reading them and he skipped ahead about 40 pages did he not I have no idea um Michael Proctor seized my client's phone on January 29th of 2022 did he not he did uh and uh you would agree with me that certainly as of 6 days later your February 4th report you had not yet been able to access the content of the phone correct that's not true um at some point you were able to access the content of the phone correct yes on January 31st of 2022 yes all right um you later became aware that Michael Proctor was searching through my client's phone in August of 20222 correct the actual device itself or the extraction report either one sir I have oh oh I'm sorry Mr Reed's phone yeah yeah oh yeah we didn't J's phone yes that's why I was confused apologize I'm not trying to confuse you um with regard to uh my client's phone which is where we started yeah uh you aware that Michael Proctor was searching through her phone in August of 2022 of the extraction report created correct um were you uh made aware that on January 1st of 202 three the defense requested a full forensic image of Karen Reed's phone which was in your possession I don't know the date but it a request was made for the phone extraction yes and have you seen a forensic image or celebrate report of the forensic image from Karen Reed's phone the redacted version that I received back from the AG's office yes okay and would you please tell the jurors how many phone calls were deleted from Karen Reed's phone from January 29th of 2022 um none and if you please tell the jurors other then to John O'Keefe to whom did M Reed place phone calls between 12:00 a.m. and 4:30 a.m. on January 29th uh her parents twice they two or three times this calls to her parents and that's it and how many Google searches uh did she do from 12: a.m. until 5:00 a.m. I don't believe there were any and how many Google searches were deleted by m Reed at any point on January 29th of 2022 I can't speak to that because we got a redacted version of the report so I don't know what was taken out by the AG's office I don't know what files they went in to remove so I only have what I was given leaving that aside Sir with regard to all of the data that was provided to you m how many Google Searchers did you see or find that Karen Reed deleted from January 29th of 2022 a few during what time period uh the afternoon but again I there was artifacts that I found that weren't Dane time stamps and there were there were some that were um with corresponding time stamps but I can't say for sure uh when that was done okay um but you saw no deleted calls correct uh no not that I know of all right I may have moment yes sorry no further questions thank okay yes okay thank you you asked about qualifications as far as certifications that you received in in Prior training correct yes what are some of the areas that you receive certifications in um cell phone uh report creation extraction uh cell phone repair the burlin motor vehicle forensics uh Advanced database uh class called Casa but it's it's a celebrate me class that goes deeper into the database searching uh SQL light uh programming to uh write code to do your own searches uh things of that nature now at any point in time did Trier Proctor ever tell you that he retrieved Mr ''s cell phone directly from 34 Fairview Road no he didn't is in your understanding or subsequently did you learn that Carrie Roberts actually recovered the phone from under Mr O'Keefe's body uh from the grass under his body at 34 Fairview Road when he was placed onto a scoop stretcher I don't know who got recovered the phone that morning but I don't I'll allow it I don't know your answer is you don't know who recovered it no I just know that it was found underneath his body and then taken to Canton PD now with regard to that as far as um the location data post 6:15 a.m. um what if anything did You observe in reference to that uh there was some intermittent uh Native locations that showed at the KPD uh it's there for a handful of different points and then it shows it back at our office when I put it into the digital evidence lab powered on it's a plugin you receive the phone from Super Proctor was that either in airplane motor or Faraday back I don't remember offhand but there were no locations uh or GPS locations that you observed from the phone from that approximately 11 something a.m. until you retrieved it or received it excuse me at 7:30 p.m. on the 29th uh there was like I said there was only the handful that showed it at Canton PD and then when it's back at the office that night and then if it wasn't an airplane mode it would have been something I would have done so I I I don't remember if Proctor did it before he gave it to me or if I did it after now the other Troopers in your unit in the detective unit with nor day's office uh are they as well versed on cell phone extractions and cell phone data as you are no and so again how many people within your specific unit actually perform uh data extractions or forensic analysis of of cell phone myself Trooper Conor Keefe and everyone has been trained in how to use celebrite and to do these extractions they all just sort of dump them on my desk and say do this phone for me so now as far as what you provide to uh the invest uh one of the investigating Troopers such as Trooper proor um can you explain to the jury sort of that that process of how you what if any differences there are between what what you're looking at as far as the device when you're extracting the information and what you provide to the troop uh so when I plug into gray key or celebrate or whatever tool I'm using to extract the data it creates that zip file and then I open it up uh in cell or axium the the guys are only trained in CBR so that's what I open the extractions initially in for them if there's something that we find that they don't understand and that I want to look more into I'll load into axim as well uh but that's normally how it would go now is there any way from the the version or the extraction that you provide to the trooper is there any way for that or any Trooper to change or manipulate that data uh from what is initially contained on the phone uh well if you in essence you could but you'd have to go in so once I create like that Ed reader which is the portable case you would have to go into the folders and then delete stuff which would change all of the data and then when I would load it up later um it it probably wouldn't work right that's why we save the encrypted uh extraction onto the server so anything ever messes up we can go back and reload it and I can create whatever reports I need with it and so from your view of the data and the phones in this case uh what if anything did You observe in regard to any manipulation of data or deletion of data or removal of data from What You observe from the encrypted files that we have none and then we didn't have passcodes for the phones for Dono keeps until the 31st and then again from Miss Reeds until gez uh like I said August once the program was able to open it now you were asking questions about Mr Green's affidavit following your review of Mr Green's affidavit what if any steps did you take uh in relation to what was indicated in there so as I said didn't really go through the phones much when we first got them um I don't know everything about the case as the investigators do so I got his report and I went through it and basically just went step by step so he says this happened I went to confirm and if it didn't then I need to find out why he was either incorrect or slightly often either just completely wrong or just misinterpreted the data and that was it and in addition to yourself going through some of the data who if anyone did you contact to uh to assist or to also in I go through the data specifically as it related to the searches misation uh so initially when I first found it uh I spoke with Chris Vance of magnet uh axium uh excuse me magnet forensics he's their head technical guy for Axiom uh for he's like the forensic specialist so he was at the cyber crime conference I brought him I'm going to allow this I I brought the extraction there and I said hey this is what I'm seeing this is what it parsed out why are we seeing it marked this way and he goes well first off you have to look exactly where it's coming from the browser State OB so I I'll I'll strike that last what he told you okay U reviewing the data we saw that it came from the browser State DB file and wall file I should say at the end so it set off a lot of red flags and then from there we contacted sellbrite uh and ultimately uh Justa hide and ultimately Mr wiffin as well is that correct yes that's he came in after celebrate uh I reached out to them and they escalated it up and he reached out to us to say to help us now with respect to the uh the health data that you were asked about again if you could explain to the jury when uh something in there and the Health Data says steps what what what exactly does steps mean as I said before the phone is seeing movement um doesn't necessarily mean you're taking steps if you have the eyew watch paired to it you're going to get a greater level of accuracy and I would be more apt to that steps are being taken where because it's going to also bring your your heart rate so if you're taking a large amount of steps it's going to correspond now you were asked a lot of questions on cross-examination about just a health data and just a Health Data why is it that you would look Beyond just the health well you have the GPS points as well as Health Data we're trying to look at everything together as a whole you take one artifact and say well this means this but you could have five others that disclaim it so that's why we look at all of this stuff now from that same uh information as far as the GPS data that uh indicated that uh Mr ''s phone arrived uh at 34 Fairview Road at 12:25 a.m. correct uh yes now as far as the clocks or the three different clocks uh that was presented to you uh this now been marked for identification um you indicated those were not accurate is that correct well the file that it's coming from is not accurate so it came from a power log file that's the database it pulled from so that it's telling you the power of the phone so when I looked at that that also shows the battery level and that's how I was able to show that or see I should say that Jon O keep's phone never turned off it dropped down to about 17% battery level um from being under his body it was actually saved it from dying overnight and it also shows the time stamps of when it gets plugged in and as it goes up that has three different time stamps that's what that is from that is not when ways to started that is not when uh the uh address is put in that is strictly for the Power log there nothing to do with anything else and so again just sort of to that point what if any connection to those time stamps in the uh thing the document marked for identification Mr unet showed you what if any relationship does that have to the time stamps contained within either the ways or GPS native locations or anything else that you were testifying about before it's literally showing that Wes has been opened and that it's pulling power from the phone and that's that is it that is nothing else now with regard to you were asking questions about Miss mccab signing consent for extraction on February 2nd 2022 correct uh yes and Miss Carri Roberts she did the same on the same date is that also correct yes I believe so now the entirety of those extractions from both Miss mcc's phone and Miss Robert's phones those were both provided well in advance of the dates the council was indicating correct that is correct now in regard to the celebrate extraction in regard to uh to Mr Green's affidavit um celebrite has uh periodically updates uh there the versions of their software correct that is correct and if you could uh could you speak a bit about sort of the the update in those versions and how that pertains to this case and specifically M mcc's uh searches so the initial report that I created with version 7.53 did not have that item to be able to be taken out I was told by Cate that 7.55 was the version that was enabled Mr Green used used version 7.61 so that's why it presented itself then just talk you that for one second the version that Mr Green used was that available at the time that you did the initial exraction no it wasn't available for like a year later it was like 10 upgrades later sorry sir continue so again he did the extraction he looked at it finds this artifact that's parsed out and then I had to go back in and scramble to say why didn't I see it the first time uh when that report why didn't pull so I reloaded the 7.53 version it's not there and then when I loaded into 7.61 it is so there's just a issue with the software at the time so Sir with regard to those Google searches what if any opinion did you have as to when those Google searches were conducted when Miss mccab told us that happened at 623 and 624 and then there was a third one later at 10:35 that again if she reopen that browser window it's going to reload the search and then that was it those are the three times that I saw in the phone extraction that were real searches and why is it that you it's your opinion that they occurred at 6:23 and 6:24 in the morning and not 227 well it's physically impossible to search two things at once her phone she's searching the daughter's basketball at 227 and then she's searching It's Raining Men and a few other things on her phone listening to music and I think then she goes to beted a few hours later so at the I was told as the defendant asked her to search for those terms that's when we beli that they were done now as far as um wall files are right ahead log um having things listed as deleted if you could just speak a little bit more about that as far as why would something be listed as deleted in a wall file and what does that again the user has no input on how a wall file is deleted it's an automated thing that the data page does to clean up just it auto deletes after either programs are closed it reaches a Max data allotment for that page that that is it and that would includes uh any sort of call log history that was contained in the right ahead log of the wall file as well that is correct and so what if any opinion you have as to those phone calls that you were showing in relation to the the contact listed in Mr cave phone as Coco as far as whether or not they were user deleted well again the let showed me was limited thing I know there's should be two other locations that that phone call was listed um from looking at it myself so I don't know why they gave me just the two Deleted things but there should be other spots in the database for that phone call was there so I don't believe that it was user initiated it was phone initiated and that's in reference to the right ahead log um sort of first in first out as far as data that comes in is that correct that's correct now again as far as your unit was concerned you were the only one who created any cellb reports in relation to any of the phones in this case with the exception of the defendant's phone uh that was created by the Attorney General's office uh following their extraction of of privileged material correct objection so objection is sustained as to the form this seems a good place to stop um so jurors we'll take the lunch and break um there is a chance that we may be able to go a full day tomorrow so just think about that at lunch uh if there's any emergency that would prevent you from being able to go okaying on the all right all yes so Chris you are muted thank you hey there Karen Reed trial Watchers this is another law crime legal alert have you experienced severe gastroparesis or other side effects after taking OIC or another glp1 weight loss medication the OIC lawsuits alleg that the drug can lead to severe intestinal blockage and persistent vomiting and that manufacturers allegedly failed to provide adequate warnings about these risks well true law one of our legal sponsors is helping the injured file a claim through an experienced attorney who helps ensure your claim is Thoroughly presented just visit www. gp1 case.com LC live to answer less than 10 questions and check your eligibility to file a claim e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e sh hey please be seated [Music] CL all right so jurors when we were doing scheduling and I know scheduling has changed a lot in this case but my main goal is to get this case to you folks by next week um when we all want the case um to you by next week so originally on the 21st we were either going to do a whole day and then we couldn't do an whole day and it was all of this back and forth and it was a half a day and it was because I had something scheduled in this Courthouse that was not going to be continued um from forces that we weren't aware of um some it is going to be continued tomorrow so in light of that I would like us and we will be doing a whole day I understand that for one of you um it you planned on an earlier stop to the weekend or a vacation day or something from the afternoon on but really all I'm asking of you is to go from instead of a 1:00 stop to a 4:00 stop and where I guess 14 of you are able to do that we're going to do that so tomorrow will be a full day okay I don't know who I'm inconveniencing that I apologize for that because when I said emergency an early start for the weekend was not emercy all right could we call the witness back please same thing should be mind step up and you remain thank you no [Music] all right Mr ly thank you uh good afternoon sir good afternoon so with reference to uh this case this investigation uh who if anyone besides you uh created any c CBR reports or abstractions uh from any of the phones involved in this case uh other than the AG's office uh it was just myself and now you had mentioned that there was some deleted material from the defendant's phone from the afternoon of January 29th 2022 is that correct yes that's correct and what was that that was deleted uh there was some search uh items that were not there in the phone but found cookies related to said uh searches and uh websites visited so as far as Search terms or web history with those uh the areas that were deleted yes that's correct I have nothing further on oh okay okay so we brought you back for that Trooper thank you very much thank you all right thank you your next witness Mr L yes to call Dr Renee Stonebridge to the stand okay [Music] you could please watch [Music] face you solemnly swear that the testimony you shall give to the court and the jury and the matter no pending shall be the truth the whole truth and nothing but the truth shall help you God yes thank you so once you sit I'm going to tell you that you have to keep your voice up we want to keep our air conditioning on so just if you'd speak loudly into the microphone that would be great yes thank you go ahead Mr L good afternoon good afternoon could you uh please state your name and spell your last name for the jury yes my name is Renee Stonebridge uh last name Stonebridge s t o n e b r i dge and uh what do you do for work I am employed through the chief medical examiner's office at Boston as director of cardiac and neuropathology and medical examiner now if I could ask you just a few questions about sort of your educational and work history background if that's our yes um starting with your bachelor's degree uh where did you go and what if any uh area did you receive a degree in so I went to Sunni at Stonybrook in New York I was a double major in biology and dramatic languages and literature I graduated with a bachelor's of Science degree after that I went to the American University of Antiga for medical school and I graduated with honors uh Magna Kum L after that I did uh four-year combined an anatomic and Clinical Pathology residency program at NYU win Hospital in Long Island New York after that I did a one-year forensic pathology fellow fellowship at the Boston office of the chief medical examiner and after that I did a 2-year neuropathology fellowship program through Brown University at Rhode Island hospital and doctor are you a board certified yes I am board certified in an anatomic pathology Clinical Pathology forensic pathology and neuropathology and if you could just explain to the jury a little bit about what sort of what what is board certified mean board certification means that every medical specialty has their own board so for example the American Board of pathology dictates whether or not you can be board certified based on certain criteria so you have to meet certain criteria meaning that you have to complete a certain number of surgical specimens a certain number of autopsies and then once you meet that criteria you can take an exam which if you pass leads to your board certification now if I could ask you just a couple and and your board certification is up to date at this point is that correct yes any each of those areas that you just spoke of yes um now if I could ask you some general terms as far as um if you could Define them for the jury first of all what what is pathology in a general sense pathology is essentially the study of any sort of disease or abnormal state of the body tissues so anything that can go wrong in the body and any of the body systems is essentially the study of pathology and now starting with anatomic pathology what is what is anatomic pathology more specifically an anatomic pathology consists of the study of surgical specimens so for example if someone goes to the hospital to have a tumor removed that specimen will go to pathology the pathologist will look at it cut it look at specimens under the microscope order any ancillary tests if necessary and then make a diagnosis which is then conveyed to the clinician uh an anatomic pathology also consists of cytopathology which is looking at individual cells and then it also consists of autopsy pathology and as far as Clinical Pathology what does that mean Clinical Pathology is anything that is lab related in pathology so if you have to get blood drawn and then the results come back that is clinical pathology uh if there's any sort of blood work that needs to be done for example if you're going to have a surgery and they have to crossmatch and type you in case of a blood transfusion that's considered clinical pathology ALS so microbiology so anything infectious so essentially anything that goes through a lab is clinical pathology and what is a forensic pathology forensic pathology is the study of autopsies in a medical legal sense uh it doesn't necessarily mean that it's always going to be something that is legal uh sometimes it may be just a person who has not seen a doctor many years dies at home there's no physician that is willing to sign a death certificate so we work on those types of cases plus anything that is non-natural now neuropathology what is that neuropathology is the study of the brain spinal cord eyes muscles and nerves and if you could uh just again in general terms as far as case work is concerned related to your uh work as a director of the neuropathology uh can you explain to the jury sort of what it is that you do uh with respect to um neuropathology yes so my job primarily entails me to be a consultant for the medical examiner so the medical examiners have a certain set of criteria that they follow in order to determine whether or not a brain needs to be saved for a neuropathologic analysis so upon following that criteria if the brain is saved it gets put into formalin which essentially fixes the brain so it firms it up so it makes it easier to analyze so after the brain has been fixed I usually let them fix about 2 weeks sometimes it could be a little more a little less depending on circumstances I will then look at the brain take photographs of it from all sides and then cut the brain take photographs document any sort of abnormalities and then if I feel the need to take sections to look at under the microscope then I will take those sections they will be processed through histology I will look at the slides sometimes you may have to add in additional testing for example imunohistochemistry to see if there's anything in particular that you cannot maybe diagnose solely on looking at the histology and then once that is done I will issue a report to the medical examiner and then they use it in terms of determining their cause and manner of death if necessary now as far as that uh formalin process as far as the solution is concerned is there a typical time period uh that the the brain would have to be in that solution prior to you examining it or cutting it or or any of those other things usually about two weeks give or take maybe a few days here and there but I usually try to let them fix at least 10 days minimum and again in general terms with respect uh to the the types of cases that are referred to you uh what types of cases are typically refer to so part of the criteria that we use is that any cases for uh children or babies under the age of two years those always come to me also if there is any cases that have blunt head trauma that may be suspicious or homicidal in nature those will typically come to me as well some of the other cases may be just a difficult neuropathologic entity that a non- neuropath trained medical examiner may not be able to really diagnose and then sometimes there's cases that are just surprise cases where the medical examiner opens up the head and they see something interesting or abnormal and they decide to save that case for me to look at further now with respect um to with respect to the the cases that you do see at some point did you become involved uh in analysis or testing of a brain belonging to a j key yes and uh who was the doctor that was the medical examiner that made that referral in this case it was Dr arini scy Bellow and with respect to your analysis here obviously you looked at the brain what if any other sources of information did you review or did you look at and ultimately formulating your opinion in this case so at the time when I was able to cut the brain of Mr O'Keefe I had information that was relayed to us from our intake department so when a case gets called into the medical examiner it gets taken by an intake department and they're given kind of just a rough summary of the case uh I also had the police report I had the EMS report I had the medical records from when Mr O'Keefe was in the hospital I also had medical records from from the primary care physician I had autopsy photos and I also had I believe the just refer to my notes here because I had a lot of notes uh I also had the inventory and tracking sheets which are notes created by the medical examiner and the neuropath request itself now are you familiar with some terms in relation to U injuries that you would observe as far as from a neuropath logical perspective uh as far as injuries being acute Subacute or remote yes and can you explain uh to the jury sort of what those are and and what those mean so it depends on circumstances acute generally is something that happened within a very short time frame so when I refer to something as being acute I usually refer to that as something that's occurring from the time of an injury to maybe a day or so afterwards as I said it's variable dependent on circumstances Subacute is something that has not happened within the last few minutes few hours maybe even a day and maybe something that is now in the process of healing and then chronic is usually something that has happened a while ago in the past you may see some sort of evidence of some type of injury in a chronic state uh you may also not see any evidence because it may have completely healed by that point and so from your analysis in this case how would you characterize how did you characterize in your opinion uh from everything that you reviewed as far as the injuries you observed to Mr ois the injuries I observed were acute injuries meaning that they probably occurred minutes to hours now if I could turn your attention um to your finding as far as uh when you conducted your analysis and your testing in this particular case what if anything uh did you find as far as injuries to Mr O so when I look at the brain what I do is I look at all surfaces from all sides and one of the things that I look for is anything grossly obvious meaning anything I can look at the brain and see that there's something there that shouldn't be there so one of the first things I noticed was a subarachnoid hemorrhage and subarachnoid Hemorrhage is something that occurs when you have bleeding within the lepto meninges the lepam meninges are a very thin membrane that encase the brain and the spinal cord and there should not be blood freely floating within the lepam meninges so if you have a subarachnoid hemorrhage most of the time the causes are either a ruptured aneurysm which is something I would see upon cutting the brain or some type of trauma so that was the first finding can I stop you there just for a second of those taking notes and for our court reporter could you spell the type of hemorrhage and the membrane yes subarachnoid is suub a r a c h n o i d and leptomeninges l e p t o m n i n g s thank you very much you're welcome now with regard to anything related to the uh the aneurysm that you indicated that you would have seen what if anything did you see uh during the course of your review or or testing or analysis of mrst e spring so aneurysms are typically seen in the cerebral vessels that sit around the base of the brain so there's something called The Circle of Willis which is the main arterial Supply it sits around the base of the brain and it's kind of shaped like a circle that has vessels that come off that extend to other areas of the brain so typically if there is an aneurysm that is ruptured it's going to be located somewhere in one of those vessels so upon observing those vessels I did not see any evidence of any aneurysm or any sort of natural disease state that might have led to a a rupture in one of these vessels also sometimes these vessels since they do go deep into the brain you may only see the rupture upon cutting the brain and I did not see any evidence of any rupture of any of these vessels anywhere in the brain now as far as the subarachnoid hemorrhage that you observed uh where where was that located within the brain and if you could uh so the subarachnoid hemorrhage was on the frontal poles which is essentially right here in the front of the brain so the frontal loes obviously sit in the front and then the poles are the very frontmost portion of the brain so it was on the frontal poles it was also on the left temporal pole so the temporal region is right here in the temporal region and because of the way that the temporal lobe is shaped it it kind of has a little Loop right in the front so it has a pole as well so it was on the left temporal pole and then it was also in the left lateral fissure so you have a frontal pole here you have the temporal lobe right here and then the lateral fissure goes kind of in between the temporal and the frontal loes so you have the Hemorrhage here Hemorrhage here and then Hemorrhage right there so it's kind of all concentrated almost in one area but then there was also Hemorrhage of the posterior surface of the right temporal as well so on this side now doctor I'm probably going to butcher this horribly but just as far as the bilateral unide are you familiar with that yes so the unside are the medial portion of the temporal loaves so the brain is essentially oriented in a way that each hemisphere the right and left hemisphere are the same the ansai are the most inner portion of the temporal loes so the ansai sit just next to the brain stem so if you have anything that causes herniation of these ansai they start to push inwards onto the brain stem so say this is the brain stem here at the unide they start to push in and because the brain is within the skull the skull is hard you have no room for any sort of expansion of the brain If there is herniation it will start to push in that area because the brain stem turns into the spinal cord and goes out of the skull through the frame and Magnum so you have this this hole about this big or so at the base of the skull where the brain stem turns to the spinal cord then comes out so that's one of the only areas in which the brain can actually move because it's encased in the hard skull so if you have herniation it'll start to push and then push downwards could I ask you to spell on side U NCI and with reference to this B uh excuse me bilateral unside area what if any herniation Did You observe so when the ansai herniate it can be subtle sometimes if it's herniated enough you may see hemorrhages in the brain stem and this happens because this tissue is now pushing on the brain stem and it's essentially being compressed so there was herniation noted and then there was Hemorrhage within the brain stem now if I could ask you doctor just um to um be familiar with the term or medical term notice there contusion yes and can you explain just in general terms to the jury what what do you understand that term to mean so a contusion is essentially a bruise it's it's blood that's coming out from a blood vessel it's it's a blood vessel that has been broken in some way and now there's blood coming out are you also familiar with another term uh part of that term known as a punctate contusion yes so punctate is essentially just a way to describe the size of a contusion when I say punctate I need something something that's that's very very tiny it almost just like a DOT and with respect to uh P contusion what if anything did You observe uh in this real key Frain and and where was it located so there were punct contusions in the frontal and temporal cortices so uh frontal once again is the front portion right here temporal is kind of right behind it in this area and the cortex is the gray matter of the brain so it's a thin strip that kind of just goes around the brain and then the white matter is underneath all that so in traumatic injuries you can see punctate contusions or even larger contusions in the cortex it usually indicates that the brain has been pushed against something which is now causing these little blood vessels to rupture hence seeing the contusions because the blood is no longer contained in the blood vessels now doctor with regard to the Subara noin Hemorrhage is there anything that you're able to do as far as measuring that it's hard to measure because it's usually pretty vague it's not usually something that is a well circumscribed meaning I could say it starts here and ends here a lot of times it's subarachnoid hemorrhage because it's sitting in this space that it's not supposed to be in it can spread so it may be thicker in one area thinner in another so you may have some that may appear just as a very faint Hemorrhage and then some that might be very thick which you can physically measure so I usually just give an area where it is and say it's here it's here it's there because it's it's almost like measuring something that has blurred edges you can't really get a completely accurate measurement and what if anything were you able to observe or measure with regard to subarachnoid H Hemorrhage in the area of the left pref prefrontal Lo so it appeared thicker in that area meaning that as opposed to it looking just like a a faint red color that should not be that color it was actually thick enough that it was obscuring the underlying brain pranama if I could turn your attention doctor just back for a moment to the the punctate contusions that you were testifying about before um as far as your observations of those was that one or more than one or what how many did you observe so there were multiple there were multiple contusions to the point where it's not something that you can count I mean you you could count it but it would probably take a very long time if it had been something like one or two three four maybe a handful it would probably be something I would say there are three here for there but there were so many that it didn't serve a purpose to count and the number of those what if any significance do that have in regard to your um your analysis your observations or your opinion so given that there's multiple it means that there's enough pressure in the brain that there were many surfaces that were pressing on the bony prominences of the skull which was leading to a lot of blood vessels rupturing causing these contusions now I think you've talked a little bit but just in general terms if you could describe for the jury what what is a hemorrhage so a hemorrhage is essentially blood that's coming out from a vessel so it's it's like a bruise Hemorrhage bruise contusion they're fairly similar some people use them interchangeably but it's essentially blood that's no longer contained in a blood vessel when something is termed uh medically based on your training experience as a diffuse Hemorrhage what is what does that mean so diffuse means it's over a very large area it's it's not something something that's just a tiny little area you could say okay I'm looking at this person's let's say liver and there's a 2X two cimer Hemorrhage sitting right there in the right lobe of the liver uh diffuse would mean there's Hemorrhage throughout nearly the entirety of the liver now with regard to uh you made a note as far as there being a diffuse Hemorrhage within the pawns PS is that correct yes can you explain to the jury sort of what that means and and where is that located within the brain so the ponds is part of the brain stem so the brain stem starts right in the middle of the brain and you have the midbrain the ponds the medulla and then it turns into the spinal cord so the ponds is kind of in the middle of the brain stem and when you have Hemorrhage in the ponds in this circumstance it was because there was the herniation of those onai which began moving closer and closer towards the ponds pressing on it causing Hemorrhage because now the tissue is compressed the blood is not going to be able to flow in and out freely therefore Hemorrhage now with regard to um the totality of what you reviewed in this case in regard to Mr O um you able to form any opinions to a reasonable degree of medical certainty in regard to the injuries that you observed uh to M roi's spr I was able to determine that these are acute traumatic injuries I know that based on what I observed and in combination with the autopsy findings that this is due to some type of trauma if I could ask as far as um you have certain findings as far as the intraventricular uh Hemorrhage and occipital forms of the lateral ventricles correct yes if you could please explain to the jury what what exactly does that mean yes so the ventricles are a almost like a tunnel system of the brain in which the cerebral spinal fluid flows through so the cerebral spinal fluid serves as a a fluid that nourishes the brain it provides a flow of nutrients oxygen things like that and it starts in the frontal portion of the brain and then it goes backwards towards the occipital which is the back and and it also flows downward through the brain stem and then into the spinal cord as well so the occipital horns of the lateral ventricles are in the back of the head and having Hemorrhage in those areas and in any area of the ventricular system is usually indicative of some type of trauma so there should not be blood freely flowing within the ventricular system now Dr Stonebridge with regard to your finding um you mentioned that your findings were that the injuries were acute and that the injuries were the result of trauma correct yes what if anything uh can you say or can you Pine as to uh the mechanism for those acute traumatic injuries it was something that required some type of force given that there were skull fractures I can't say what type of force or how much force but it was definitely something that caused some type of force which led to the skull fractures and then the subsequent brain findings and the Brain findings in particular that you made were those consistent uh with the fall they can be yes can they also be consistent uh with being struck by vehicle and then going to the ground yes they can [Applause] be thank you doctor I have no further questions you're welcome cross examination questions thank you you're welcome doctor thank you very much you are all set thank you right step down thank you all right Mr L your next witness uh yes you're on the call with call Dr irini scy Bellow to the stand okay in your honor as she's coming in may we approach briefly sure e e e Madam court reporter what was previously mocked SS for identification is now the next exhibit in evidence thank you all right so are you looking for my instruction now Mr L uh yes please your all right so jurus I gave you a similar instruction before about photographs so the Commonwealth intends to introduce into evidence through the next witness certain photographs showing Mr o'keef postmortem you'll have those photographs with you in connection with this case I understand that they will be some of them will be shown up on the screen and that's why I want to sort of give you a a a warning that that will happen when they come to you as exhibits they'll be placed in an envelope you can you know look at them briefly um they they'll be covered is what I'm saying to you so the photographs are not pleasant they can be described as graphic uh and I instruct you that your verdict must not in any way be influenced by the fact that these photographs will be unpleasant um perhaps sad and graphic the defendants entitled to a verdict based solely on the evidence and not one based on pity or sympathy for Mr O'Keefe which might be occasioned by the photo photographs so please consider those photographs only as they draw your attention to a clinical medical status or to the nature of Mr O'Keefe's injury or to the nature of the incident itself okay all right now your next witness Please Mr L yes ask mind Step Up do you solemnly swear that the testimony you shall give to the court and the jury and the matter now pending shall be the truth the whole truth and nothing but the truth will help you CL I do thank you good afternoon doctor good afternoon all right Mr L whenever you're ready good afternoon do good afternoon could you uh please state your name and spell your last name for the jury my name is irini scor Bello my last name is spelled s c o r d i hyen b e l l o and how are you employed ma'am I am employed as a medical examiner and for whom are you employed I am employed uh by the office of the chief medical examiner for the Commonwealth of Massachusetts and how long has it uh been that You' you been uh medical examiner for the office of the chief medical examiner in Massachusetts I have been um with ocme in Massachusetts since the since December of 2016 now ma'am if I could take you back and just ask you a few questions regarding your uh educational background work history a little bit prior to working at the ocme in Massachusetts um if I could start with your um undergraduate work as far as where did you go and what if anything did you receive a degree I completed a bachelor's degree in microbiology at the University of California and after receiving that degree where did you go I uh went on to the University of Miami where I completed my doctorate degree in immunology and following that I moved up to New York City where I went to medical school and completed four years of medical school at the mount sign school of medicine and following medical school I completed did 3 years of uh Pathology residency at the Mount Sinai Hospital and then following your residency at Mount Si where did you go from there and from there I went downtown in New York City and I completed a one-year Fellowship in forensic pathology of the at the office of the chief medical examiner for the City of New York and following that one year Fellowship there where did you go from there I worked in New York City um until 2016 uh when I moved here to Massachusetts now are you board certified yes I am what are your board certified in I'm board certified in anatomic pathology and forensic pathology and if you could explain to the jury just briefly what does it mean to be board certified and and sort of what is entail in that process board certification is actually a voluntary process that a physician um uh decides to go through it involves uh completing an accredited program in the specialty of choice in my case it was pathology and forensic pathology and then completing a number of requirements as well as taking and successfully passing exams and then being able to say that you're board certified and as that certification at this time is that up to date yes now with regard to um the time that you've been working as a forensic pathologist uh are there any organizations that you belong to uh in relation to your work in that field yes I am a member of the National Association of medical examiners and that's an acronym as far as name that correct yes now with respect um to that time frame as well uh what if any experience do you have in regard to uh teaching uh the areas uh related to your the I've I I have always been interested in teaching I started teaching um as a pathology resident teaching other residents and medical students and during my time in New York City I enjoyed teaching medical students um and residents we had a very active um program education program in New York city so I've always been involved with teaching both pathology and forensic pathology now to those terms themselves if I could ask you uh briefly just to describe to the jury as far as pathology in general sense what is what does pathology mean pathology is a specialty of medicine and uh pathology looks at disease processes and as well as trauma and the effect they have on the human body and what is h forensic pathology forensic pathology looks at uh disease processes and injuries in the human body and tries to determine the cause of death in deceased individuals and as far as anatomic pathology what exactly is it anatomic pathology um as opposed to Clinical Pathology is um anything any has to do with any organ that is in the body versus Clinical Pathology that deals with fluids and um blood analysis and and um things like that so an atomic pathology um a lot of anatomic Pathologists um are surgical Pathologists that's another term that you will hear these are pathologists in the hospital that look at tissues under the microscope and they come to um a diagnosis whether something is benign or malignant um and forensic pathology takes anatomic pathology to another step to another level by looking at the whole body and trying to determine the cause of death instead of organ specific instead of just looking at one organ forensic pathology looks at the whole body now you're also familiar through your work and training experience in regard to forensic pathology with a term called autopsy yes and is that something that typically you would do in the case of uh sort of your investigation and your analysis uh in regard to a pathological analysis when it came to a a body or a patient that comes in yes an aop Y is a procedure that we do to determine the cause and manner of death and so dror with respect to an autopsy maybe a term that's pretty well understood but if you could explain in general terms as far as uh when a a body or a patient comes in to the ocme as far as what is an oopsy what is involved in it and sort of what is that consist yes um when a case um a death is first reported to the medical examiner office uh we make a determination as to whether that death falls under our jurisdiction uh cases that fall under the jurisdiction of the medical examiner include all violent deaths uh all deaths that are due to not natural causes all accidents intoxications um deaths of uh babies and children and uh deaths in individuals that were not under the care of a physician when the death occurred so once a case is accepted uh and it falls under our jurisdiction it is given a numerical number um and then the body is transported from um either the location of the death or the hospital to our facility our facilities we have three facilities in the state of Massachusetts um once the body comes to our facility then there are a number of steps um that are taken uh the body is um processed uh what that means is that their um pictures are taken uh a weight is taken a height is taken um everything is uh input into uh our computer system and then a determination is made as to whether an autopsy is required um in order for us to determine the cause and manner of death if the answer is yes yes then we proceed with the autopsy now as far as an autopsy is concerned uh there are two sort of primary components of that as far as an external uh examination and an internal examination is that correct yes and can you describe to the jury again in general terms sort of what the process is in reference both external and internal yes so the odop c or the postmortem examination has two main um Parts the first one is the external exam and it is basically what it sounds like we do a very thorough exam of the outside of the body we document physical characteristics um eye color hair color uh we document any um uh scars or tattoos that may be on the body we uh take pictures we make notes we look for any signs of disease and any signs of injury all that is um as I mentioned documented um and once we're um during the external examination uh sometimes we will take um evidence we will collect hair and nails from um the body we think that that is um necessary or warranted um and once the external examination is done then we proceed to the internal examination that involves making surgical type um cuts on the body what's known as as the Y incision that goes from shoulder to shoulder and down uh the U middle of the body uh and the organs of the um neck the chest the abdomen um are examined uh thoroughly again looking for and documenting signs of disease or signs of injury we do the same thing with the head the head is open the brain is removed moved and uh we document any uh disease or injury now turning your attention to January 31st 2022 did you have occasion to uh perform an autopsy in regard to a patient or um a body of John o'keef I did and do you recall which of you mentioned there were three uh different offices of chief medical examiner within the state of Massachusetts bre yes it was in the cape coton office is that the office that you typically work out of no that's not the office I typically work out of I my my permanent uh position is in the Westfield office in Western Massachusetts I was covering the office uh that day because we were short staffed and in the reference to the autopsy that you performed with regard to Mr O'Keefe was that in Conformity with what you were speaking about just before generally as far as how you conduct autopsies yes now during the course of the autopsy that you performed in reference to uh Mr O'Keefe during the course of the external examination what if anything did you note uh in reference to that external examination of Mr O uh first I noted uh that there was evidence of medical intervention mr's body uh was transported to our facility from uh the hospital and um he had um evidence of um attempt resuscitation um after I documented um that I proceeded to document some injuries um that I saw on mr's body and before we turn to that if I could just ask you a couple more general questions you've made some mention earlier in your testimony as far as the cause and manner of death in general that's two things that you're trying to determine during any sort of forensic pathological uh examination correct yes and um what I'm going to ask you first is just in reference to manner of death um can you describe for the jury sort of what are the different types of of manner and death and uh how are they sort of classified from a perspective from your office okay yes so the manner of death are the circumstances that led to the cause of death the cause of death being the disease or the injury that initiated the sequence that led to the Fatal events so the manner of death is circumstance dependent there are five general manners of death or five umbrellas um the first one is natural when we determine a manner of death to be natural it means that the death was caused exclusively by natural disease that would be heart disease liver disease cancer uh aging Alzheimer's dementia Etc the second manner of death is uh accident that means that the cause of death was due to an injury or due to an intoxication either a physical injury or a chemical injury um but the circumstances show little or no evidence that that [Music] um intoxication or that injury was intentional so most motor vehicle accidents Mo most drug overdoses um most um you know elderly Falls are classified as accidents um the Fatal outcome was not intentional homicide is a matter of death when we use when there is um injury inflicted by another person but there is evidence that there was intent to cause fear harm or death to the other individual and suicide is due to either an injury or um an intoxication and again the circumstances and the evidence suggest or Point strongly to the fact that that was a self-inflicted intentional act on behalf of the person with um the intent to cause harm to themselves or cause um death to themselves so most hangings uh intentional overdoses by prescription medications um are classified as suicides and then we have I'm sorry and then we have one more um manner um that we call undetermined um some itions they call it could not be determined that means that evidence pointing towards one set of circumstances or one manner is no more compelling than evidence pointing towards another manner of death so if we don't have enough information to know whether something um or to be able to um determine the circumstances then we are left with an undetermined manner of death now am I correct in stating that the cause of death is something that's more like a medical determination is that correct yes the cause so watch the leading questions Mr how would you characterize the determination that you make in regard to a a cause of death the cause of death is based on my findings at the time of autopsy uh along with any medical information that I may have on that uh deceased individual now as far as the manner of death how are you making that determination the manner of death as I mentioned is circumstance dependent I make that determination based on investigative information that is provided to me by um law enforcement by the people who did the investigation and what if any legal determination are you making as far as a when you classify something as a either of those five categories in a manner of dep I am not making a legal determination I'm making a medical determination and so as far as the medical determination is Manner of death when it specifically when I'm talking about something that could be ruled or listed as manner of death as accident uh is that what if anything uh what if any determination are you making as far as that is I'm making the determination that the information that I have either shows no evidence or very little evidence that the injury that led to the cause of death was intentional so I don't have any information um to suggest that that was an intentional act and am I correct in saying that routinely people charged with say motor vehicle homicides uh it gets classified as a manner of death as accident right objection sustained may I appr [Music] yes Dr I'm showing you the document ask you to review of the C finish [Music] yes and do you recognize that document Dr I do and what do you recognize that to be uh this is a copy of uh the death certificate for Mr John o'keef that's signed by yourself is that correct correct and as far as the listing related to a cause of death what did you list as cause of death on Mr o'keef with regard to his death certificate cause of death was blunt impact injuries of head and hypothermia and with reference to manner of death what if anything did you list on Mr O's test certificate in relation to Menor I listed could not be determined and as far as that uh listing for could not be determined if you could explain to the jury why it was that you have that listed as a manner of death with relation to Mr again the cause of death um is something that I can determine by the autopsy I did the autopsy on Mr aefe and determined that he had injuries to his head as well as signs of hypothermia so the combination of those two was um the cause of death the manner of death has to do with the circumstances under which Mr OK sustained those injuries and I did not have enough information to be able to determine whether those injuries were accidental or not and so my manner of death was undetermined or could not be determined and just from the spectrum that you had just talked about sort of the five different maners of death um fair to say did you did not determine that this was either suicides or natural causes correct correct and so as far as your determination of manner of death being could not be determined uh which of the two uh were you sort of in between the two manners of death that uh remain are accid ENT and homicide may I approach yes I Inu minut the next exhibit okay now Dr SC Bell you had made reference uh as far as cause of death being a blunt force uh injury is that correct correct at least one of the contributing causes if you could explain to the jury sort of what you understand that mean as far as what is a blunt uh blunt force injury blunt force injuries are caused by any blunt object um that is a very big category of objects um a microphone could be a blunt object this bottle if heavy enough could be a blunt object the ground can be a blunt object so any that doesn't have a sharp edge or a razor edge not a knife not a um not a scapel um is a blunt object blun impact injuries are categorized into um contusions which are bruises abrasions which are scratches um fractures which are a break in the bone and lacerations which are tears in the skin so when we say blun impact injuries we could be referring to any of those or combination of those four types um and all those are the result of impact of the body with a blunt object now we'll get more into specifics in a moment just in general terms as far as from your external examination of Mr oi's body where um where abouts sort of geographically on the body Did You observe these blunt force injuries the majority of the blunt force injuries were to the face and the head um as well as to the um upper extremities the arms now starting with Mr O head uh what was it specifically or where was it that you observed BL Force injuries to Mr O ke's head okay I observed a number of different injuries uh on Mr ke's death uh um head starting with uh his eyes uh he had Hemorrhage or bleeding uh on the upper eyelids of both eyes as well as um swelling of um the eyes he had a um small laceration a small tear in the skin on the right um eyelid again Associated um um with the bleeding uh he had some abrasions abrasions are superficial scratches um on uh on the skin on the left side of his nose I believe and uh when I looked at the back of Mr Keef's head he had a laceration that's a tear in the skin that was um surrounded or there was it was associated with uh an abrasion as a scrape now in terms of the extremities and and I'll start with upper extremities as far as his arms uh what if anything did You observe in regard to a blun impact injuries to his arms uh he had on the right upper extremity he had a number of somewhat linear somewhat patterned abrasions scrapes um varying sizes um ranging from small um 2 to 3 mm to I believe um 5 or 6 cm um both on the um upper arm arm and part of his forearm uh he had some contusions or some bruising um on the uh dorsal aspect of the right hand um that I measured and documented he had some other he had a very small abrasion I believe on the lower extremities um near the right knee but I would have to look at my notes to be absolutely um sure you can go ahead and look at your notes anytime you need to doctor okay I can go into my notes yes okay so as far as these extremities um I noted a 3 cm superficial abrasion to his right medial upper arm that would be the medial aspect would be the U the inner aspect of the right arm I noted the abrasions um on his uh posterior right arm and forearm those ranged from 3 mm to up to 7 cm I noted two red contusions on the dorsal aspect of the right hand again that's the back of the hand a faint abrasion a faint scratch uh on the dorsal aspect of the left hand and a small half a centimeter abrasion on his right lateral knee on the side of his knee on the right side now I I think you've defined it fairly well so far but I'm just going to ask you just for delineation purposes if you could explain to the jury sort of what is the difference uh between an abrasion versus a contusion versus a laceration okay an abrasion is a scrape it's a scrape of the superficial layers of the skin um a contusion is a bruise so if I hit myself hard enough on my nightstand I and I break blood vessels in Under the Skin then I can end up with a bruise or a contusion um a laceration is a tear um not not necessarily a cut um there's there's a distinction between a cut and a tear a tear in the skin is due to a blunt object maybe the corner of the nightstand that's sharp enough to tear my skin but not so sharp as a blade that would actually cut the skin smoothly so we differentiate between lacerations and cuts because cuts are due to sharp objects lacerations are due to um blunt objects and fractures are basically a break in the bone again um due to blunt trauma are you familiar with uh what is termed as an insize wound I'm sorry I didn't hear you inze I am C iniz yes if you could explain the difference uh between sort of the mechanism and sort of What You observe between el aceration and an iniz wound yes so an insed um wound is what I what I previously uh called a cut so the analogy I like to give is if you have a loaf of bread and you're trying to cut the bread if you take a very good bread knife sharp knife you will be able to smoothly cut the bread if you take a hammer which is a blunt object and you try to cut the bread you're going to shred it up so a an inze wound it's a it's a smooth cut knif razors will cause incze wounds on the skin a blunt object will cause a laceration it will break the skin and the edges will not be uniform and there might even be some bruising around it now with respect to the injuries uh that you talked about as far as the abrasions uh on Mr O's right arm um how was that located in reference to sort of the circumference of the arm and what I'm asking there is was it on top on the bottom or everywhere I describe them as being on the posterior right arm and forearm so when we examine a body we examine the body in what's known as the anatomic position which is um the body on the table with the Palms upwards and so the posterior right arm and forearm would be what would be facing the table as the body is laying on the table the backside of the um the arm and the forearm so the opposite of posterior would be what would be anterior and it would be this area right here that points up and as far as interior of Mr O'Keefe's right arm what if anything did You observe as far as uh injuries there I again I noted in my um in my diagrams and my charts that they were mostly on the posterior right arm and forearm now Dr scy Bell if I could turn your attention to the internal examination as far as the injuries That You observe there what if anything did You observe during the course of your internal examination of Mr O Okay the internal examination um I will start with the the head uh once the um the skull was open and uh the head was examined um I noted that uh there were skull fractures um in Mr ke's skull both in the back and the front um aspect of his skull I noted that there was um recent sub Dural Hemorrhage um that is blood uh that is under the dura and the dura is a very tough protective cover that sits over the brain I noted that there was subarachnoid hemorrhage that's Hemorrhage that is directly on top of the brain under the leptomeninges which is a very thin membrane that covers the brain um and at that point I uh removed the brain and I um instead of examining it right then and there I saved it in a special solution and I um send it to our office in Boston for our neuropathologist to uh fully examine and is it your understanding that a neuropathologist ultimately conducted a fuller examination of Mr oi's brain yes and who was that neuropathologist within your office Dr Stonebridge now with reference to uh the head as far as the skull you indicated that there were fractures as in plural correct yes and uh with reference to the fractures that what if any relationship did you know between the fractures that you observed and the laceration to the back of Mr O's head that you spoke about in your external examination so the laceration on the scalp um that I observed was overlying the area of the skull that appeared to be fractured or at least appeared that the fractures were um originating from that point of impact and um extending into the rest of the skull now one of anything as far as your observations of the skull and that point in the I'm sorry which which part of the skull was the Orting fractur this would be on the back uh of the skull uh slightly right of midline is that the medical term that that's referred to as I'm sorry is there a medical term that that's referred to as as far as the right rear sort of it's the right occipital and what if anything LED you to that opinion that that was sort of the originating source of the multiple fractures in the skull That You observe again a observing or looking at the skull fractures and their pattern there appear to be um a a central point with fractures radiating or originating from that Central Point and going into other parts of the skull now in reference to that laceration in the area of the originating fracture in the back of the skull what if anything um did you uh determine in regard to U impact in regard to that area of the head well the laceration along with so the tear in the skin along with the scrape because they were adjacent are both evidence of blunt impact um so I knew at that point that Mr ke's head had come in contact with a blunt object would that be sort of the point of impact between the blunt object and Mr O's head right now with reference to the the fractures that you would observed how extensive were were the fractures that you observed the multiple ones well there were multiple fractures so by definition multiple fractures in multiple um Chambers or parts of the skull so I would say they were extensive have a moment yes now when you're conducting this internal examination is there sort of a division of the body uh that you're doing as far as what you're examining and in what order and sort of things that you're looking at from the internal examination well we we examine everything thing and usually we start um in the external examination we start from the head and work our way down um um during the internal examination um we're doing two things at the same time sometimes and so I start with the chest um move to the abdomen and then the pelvis while at the same time we're working on the head all right I'm going to pause you there for a minute we're going to take a short res and we'll be [Music] [Applause] back two you don't talk to but you can step down if you want to and I'd ask that you just call over the J I'll just thank you I'll see council at sidebar e all rise to the court please you are muted hey there Karen Reed trial Watchers this is another law crime legal alert have you experienced severe gastroparesis or other side effects after taking OIC or another glp1 weight loss medication the OIC lawsuits alleg that the drug can lead to severe intestinal blockage and persistent vomiting and that manufacturers allegedly failed to provide adequate warnings about these risks well true laww one of our legal sponsors is helping those injured file a claim through an experienced attorney who helps ensure your claim is Thoroughly presented just visit www.g lp1 case.com lcve to answer less than 10 questions and check your eligibility to file a claim e e e e e e e e e e e e e e e e e e e e e [Music] thank you bece you for back all right Mr L thank you uh now doctor as far as the internal examination uh was concerned with regard to Mr o'keef um starting with um his stomach what if anything did You observe of of any significance in that area uh I observed that there were some small uh hemorrhages small areas of bleeding in uh Mr ke's stomach and are those uh described in in medical literature as a specific type of of spot they are give they they have a name um they're called wishi spots w i s c h n e wski and they have been associated with cases of hypothermia and how so how they been associated with cases of hypothermia they um have been seen in cases of hypothermia it's one of the findings that supports the diagnosis of hypothermia they are not always there and their presence doesn't um definitively uh diagnose hypothermia but they are one of the findings that if present suggest the um diagnosis of hypothermia and based on uh your training and experience based on uh other types of literature that you've reviewed in regard to hypothermia what is as far as these winki spots um and thank you very much for saing me saying that until after you had said it um um with regard to that what what what if anything does it say as far as the causality of that or or how that occurs or is related to hypothermal we don't really know the pathophysiology of these spots there have been various hypotheses there um people have suggested that they are a response to stress um some people have suggested that hypothermia increases secretion of uh acid in the stomach and that leads to um the spots but their exact pathophysiology is still under investigation now in addition to these uh areas of small Hemorrhage in Mr Ry stomach what if anything did You observe in the pancreas in the pancreas I uh again observed um some more diffuse um Hemorrhage of the pancreas and the tissues around it and same question with regard to the spots or the hemorrhages you observed in the stomach what if any relationship to the um the hemorrhages or the bleeding in the pancreas have uh in relation to hypothermia again it's one of the findings uh that if present um should alert the medical examiner to consider the possibility of hypothermia and as far as the observations that you made as far as the hemorrhages and stomach area Mr o'keef and the hemorrhages in the pancreatic area of Mr O'Keefe the sort of jux deposition of those what if any significance did that have in regard to your hypothermic diagnosis when the case was um called into our office and when we accepted the case um it was um it was reported to us that this was an individual that was found um in the snow covered with snow and it appeared that he may have been there for um a period of time so one of the questions um for me as a medical examiner is to determine whether there are any signs of hypothermia in addition to what I had already observed which was the blunt impact injuries and the combination of the gastric the stomach and the pancreatic um hemorrhages strongly suggested given the circumstances and and how the body was found that hypothermia did in fact play a role in his death now probably should have asked this first as a precursor when you use the term hypothermia what do you understand what what is hypothermia need from a medical diagnostic right hypothermia is a term used to describe low body temperature uh by definition um 35° Centigrade or below um and there are levels of hypothermia from mild hypothermia to severe hypothermia it just basically means the body is losing heat faster than it can generate it and typically what would be the uh sort of core body temperature that would uh determine someone as hypothermic versus not we're usually at 98° or 37° Centigrade so anything higher than that it's considered a fever or hypothermia anything lower lower than 35° um Centigrade or 95 degre Fahrenheit is considered hypothermia now if you could explain to the jury sort of a little bit about uh the the type of diagnosis uh that is involved in in hypothermia and sort of what other sort of types of information you uh would be looking at in order to make that diag nois hypothermia is a difficult diagnosis to make uh and sometimes um it's a diagnosis of exclusion meaning that all other possible causes of death have been ruled out and you're left with hypothermia so a body that is found um in the snow or in a cold environment and has a core body temperature of 85° and it is unresponsive or asystolic meaning that there is no heart activity um could be a hypothermic death or it could not be a hypothermic death and it's up to us to determine um by doing the autopsy what other factors um uh are at play so the example I like to give is uh a person with um severe coronary artery disease um goes out to shovel their driveway suffers a heart attack um and drops to the ground and is dead within seconds and no one discovers their body for a few hours during the storm when they're found their as stolic their core body temperature is 80 degrees um but the autopsy shows another reason for their death shows a massive heart attack which is what killed them they just happened to be outside after they died and they lost heat and their body temperature dropped doesn't mean they died from hypothermia however if you take a person an elderly person or any person an intoxicated person a person who is intoxicated with drugs um that goes out into uh bad weather um gets confused uh loses their Direction um doesn't um isn't able to get to shelter and they die the their body temperature starts to drop they get more disoriented they get more confused you know their organ system start to shut down and eventually they die from hypothermia so that person will also be found in the snow with a core body temperature of 80 85 de but when we do the autopsy if we see those gastric hemorrhages if we see that bleeding in the stomach if we see the bleeding in the pancreas if we look at their toxicology and we see that they were intoxicated with multiple substances then we can determine or we can Aline that the cause of death was at least partly due to the hypothermia because they were still alive uh when they started losing heat as opposed to someone who had the heart attack and was already dead when they started losing heat from the body doctor when coming to uh your opinion uh in relation to the cause of death of Mr oi um in addition to your autopsy your internal your external examination what if any other materials were you provided and if any other materials did you uh review in relation uh I was provided with uh a police report and investigative report I was provided with some of his um prior Medical Records I was provided with records from the hospital where he was first um taken by uh emergency medical personnel and um during the course of the autopsy of course I forgot I didn't mention this um we also uh during the autopsy collect fluids from the body that are sent to the lab for toxicologic analysis and um after a few weeks after the autopsy uh we get a report from the toxicology lab um and in this case I looked at the toxicology report um as I mentioned all the information from the investigators um the autopsy findings the neuropathology findings and came to uh conclusion as to the cause now as part of the um documentation that you received from the investigators did that include photographs of the scene as well yes it did some photographs um turning back to the toxicological findings uh that you received uh what if any indication uh did those findings uh have or did they indicate in regard to blood alcohol concentration with regard to misrok um Mr AEF had um alcohol in his system and [Music] um I do believe I don't have the toxicology in front of me but um in his blood at the time of autopsy the level was. 21 gram per deciliter now contain within those toxicology findings there's also something listed as a vitous humor is that correct yes and can you explain to uh jury sort of what that is where that sample is taken from and why it is yeah that's sample the vitous humor is taken from the back chamber of the eye um it's one of the routine samples that we take in addition to um blood from the body and urine um and it's again used to um look for the presence um of different drugs in cases of alcohol um intoxication sometimes we will get a value for the vitus and sometimes um that value might not be exactly the same as the value that we get for the blood it gives us an idea of uh where in the curve of alcohol metabolism you know the individual is and So based on sort of the disparity between V humor level and the um I'm sorry I may not have asked what what was the level and the bit I believe it was [Music] higher Point sorry I just have to find it I think it was 26 I'm sorry I can find it in these notes I don't if you have the um approach yes copy ofy it was 0.28 now doctor with respect to disparity between what was contained as the BAC and the vitous humor versus uh the other number from his blood what if anything does that indicate to you as as far what if anything can you take that suggests that the level in um Mr ke's blood had been higher than 0. 21 and that's reflected by the 28 that was in the vitus the vitus metabolism of alcohol lags it's a little slower lags behind that of the of of the blood and the circulation the alcohol is metabolized in the liver but the fact that it is higher in the vitria suggests that the level in the blood was also higher at some point prior so at some point uh whenever Mr o'keef died his level of alcohol is on the decrease is that fair to say correct now with respect to um you mentioned that you had reviewed the EMS reports from Mr O'Keefe as well as his medical records good maritan is that correct correct and if you could uh just briefly for the jury explain your understanding as far as some of the terms within those medical records um familiar with the review of Mr oi's medical records that he was labeled as being in Cardiac Arrest yes and can you explain to the jury what that me yes he was labeled as asystolic or in assto which is basically a flat line so if you attach leads to the body um there is no electrical activity coming coming from the heart now with respect to um Mr O'Keefe as far as certain Vital Signs uh were taken in the course of his treatment of the Good Samaritan is that correct yes including a core temperature is that correct yes did you recall what that core temperature was yes um it was noted as 80.1 and that was a temperature reading that was taken at 719 a.m. is that correct it was taken actually this temperature reading in the records that I'm looking at was taken at 657 a.m and with respect to that 80.1 uh degree temperature that's in Fahrenheit is that correct yes and so what if any relationship does that have or or what if any relationship does that your hypothermic diagnosis well that is the temperature at this point Mr O is as stolic meaning he has no cardiac activity that is the temperature um of his body at the time that he was taken to um that he was examined uh by EMS and taken to the hospital so it is a very hypothermic temperature it is well below the 95 degre which we consider hypothermia now I believe you alluded to it earlier in your testimony but with respect um to hypothermia what are some of the manifestations of of that type of onset uh as it progresses well the first evidence of hypothermia um which we have no problem in this room is shivering um when someone starts to get cold they start to shiver to conserve um heat but then as the body loses more and more heat um there are neurologic um uh consequences people can get um confused we see this in the elderly all the time they can get disoriented um and eventually at very low temperatures you know below 90 uh degrees um everything ceases to function the heart stops and would physical weakness uh be our lack of strength to be one of those manifestations as well yes and how many different sort of stages of hypothermia are there from from the beginning of or onset of agression to to the end There is mild hypothermia to extreme severe hypothermia I may have a moment joh yes now with regards um as as far as uh the the type of clothing that someone is wearing uh when they're outside in these types of conditions um what if any relationship would that have with regard to uh the quickness or the rapidity of of the onset of hypothermal clearly the more layers someone has the slower they will lose heat from their body um the fewer layers the faster they can become hypothermic and what if any information did you have as far as how Mr o'i was dressed uh when he was found in the snow on the morning of the 29th the information that I was given stated that he was wearing a pair of jeans and a long sleeve shirt now with respect uh to uh someone as far as that hypothermia uh onset and rapidity of it uh what if any relationship with the um condition of the clothing what I'm asking there is more sort of the dryness versus wet clothing what if any relationship with that well again um uh wet clothing or um uh wet conditions will speed up the rate at which the body loses heat now lastly with regard to this uh area doctor um in regards to uh thisy having sort of alcohol on board in the system at the time uh that hypothermia on set what if any relationship does that have in in respect to uh the onset of hypothermia and the rapidity of that uh alcohol intoxication it has been shown to um inhibit some of the mechanisms that the body uses to maintain heat so it's definitely a factor that um is a negative factor when when it comes to hypothermia may I approach [Music] [Music] yes doctor I'm telling you a you a single page document you can just review that look up when we finished do you recognize that doctor I do it is a photocopy of the um exam notes that I took at the time of autopsy okay does that also contain a body diagram with relation to your notes as far as where you observed injuries on Mr o'keef yes okay you want to my Approach yes no objection thank you and you're honor with the course permission if we can publ after jury of this time [Music] okay doctor there should be somewhere uh before you on the uh Des over there laser point coming if you could that just you could focus top and the head now Dr scy Bell uh what's up on the screen is that what you have before you as the next exhibit yes and on this as far as uh the examination that you conducted that also included certain measurements as far as height weight things like that that you did with regard to Mr O's body correct correct and if you could what did you uh record as your measurements for uh both height and weight of Mr he uh was weighed by our staff as 216 pounds and measuring 73 in which is 6' 1 in now dror if you could using the laser pointer before you um direct the jury's attention to um starting with the the front or facial area and then to the back of the head but just with reference to the Head area uh directing their attention to what if anything you observed uh in the area of the head of M Ro in terms of injuries You' like me to point out the injuries so as I mentioned um there were eimos that's another word for um collection of blood uh under the upper eyelids um on Mr Keefe the um uh the osis on the right eyelid was also associated with a very small laceration um then there was a an abrasion on the left side of uh the nose and then on the back of the head there was um a 3 cm laceration um so this is the right side it would be towards you know the back Lower Side on the right side of the head and that Elation on the black Lower Side Right side of the head is that in the same area that you observes what you described as sort of the originating skull fracture yes when the when the scalp was uh reflected there was bleeding under the scalp in that particular area and then when the skull was opened that's the area that appeared um fractured and appear to have other other fractures uh originating or radiating from if you would mindr Dr you do again using laser pointer just direct the jury's attention to what if any injuries you noted uh in this sort of middle torso or upper extremity portion of of M so on the right upper extremity and gu this is the back of the body um we have this collection of of uh linear abrasions I think the battery is dead um that measured up to 7 cm um and extended from the um upper arm um down to the middle of the forearm I can interrupt you for one second may I thanks this would be the abrasions if I could ask you to scroll down for the lower again Dr if you could again using laser poter director jury's attention to what if any injuries You observe on the lower extremities in regard to to uh the lower extremities didn't have um a lot of injuries there was a small abrasion on his um right knee area on the side and if you don't mind pushing the diagram just a little bit more up to see the hands there were some um contusions or some bruises um on the dorsal aspects uh of the right hand and some very faint um bruise on the left thank you m you can take that down may approach again yes [Music] Dr if I could show you what's a two-page document ask you to just review that a couple yes and do you recognize what that is I do and what do you recognize that to be uh these are copies of um diagram s um that I used at the time of autopsy to document some of the injuries on the face uh and the skull may I approach again your honor yes seek introduce and committ to next exibit any objection objection thank you 64 and your arm may I return that to the witness yes with course permission if we the for the jury okay one moment joh yep okay Dr you recognize what picked up on the screen is the next consider before you yes and uh if you could again using the laser pointer direct the jury's attention to what if anything you observed or noted of significance in these particular diagrams so the upper eyelids the areas of the upper eyelids on both sides um uh had osis or uh blood um under them uh on the right side there was a very small laceration or a small tear uh Associated uh with that uh both uh eyes um had uh some swelling to them and then on the nose there were two uh abrasions two scrapes um one was uh small at5 CM the other one was 1 cm was linear and I noted them right there again from the bottom right diagram for you doctor if you could direct J's attention to what any injuries significance you noted in that part portion of the diet this is the area where I noted the laceration to the scalp um I noted something called tissue bridging which is a Mor IC feature of um of el aceration is what makes it different from an inside wound or from a cut um because again the skin is crushed and now there it's it's um it's more irregular the edges are more irregular and then above that laceration um I noted that there was a scrape as well associated with it so that was one injury Dr if I can direct you to the uh the next page of that exhibit before you and this G if you could on the top left yes now before we get into a diagram that's up on the up on the screen if I could ask just a bit more if you could expound upon when you use the term ecosis uh what what exactly does that mean in in specific reference to the area of the eyes eimos are a word that we use to describe bruising um uh orbital eimos or periorbital osis or supraorbital emosis just refer to the location of the bleeding um in relation to um the eye uh and um when we see eimos or bleeding around the eyes uh one of the differential diagnoses or one of the ideologies is blunt trauma to the head and specifically fractures to what is known as the base of the skull and this what you're seeing here is the base of the skull now doctor if you could using that diagram up on the screen expain to the jury we ask first far what were you able to formulate in opinion to a reasonable degree of medical certainty as to S of how the injuries within the skull and the Brain sort of interacted with each other in particular interacted also with the ecosis that you describe the orbital region so the injuries inside the skull this is the base of the skull this is um think of it as the tray where the the brain would be sitting on top uh the brain has been removed and now we're looking at the uh the bones uh right here is where I noted um uh the skull one of the skull fractures to be um originating or or um starting with fractures these are linear fractures that are um extending or radiating from this one uh point of impact um this is known as the posterior uh fausa of the base these two Chambers are known as the middle cranial fausa and this um area is known as the anterior cranial fossa as you look at this um the eyes would be um sitting back here so um the eyes are are actually very intimately associated with the anterior cranial faasa uh which is very thin and uh the bones are are quite um thin and Frable so an impact to the back of the head as um was in this case because we do have a laceration and we do have an abrasion so we know that the head impacted something blunt with enough Force to break the skull and enough Force for those fractures to propagate or radiate into the middle cranial fossa and also uh the terior cranial faucet which is the front chambers of the base when the anterior cranial fossa are fractured as I mentioned they are very thin bones um blood can seep from this area into the soft tissues and manifest as Hemorrhage or bleeding or a contusion or an eimos around the eye when you look at the person face um when you look at their face so it is a well-known um fact that uh fractures to the base of the skull can um can present with uh orbital uh osis and um that particular manifestation has a name it's called raccoon ey because it um uh resembles um I guess uh what raccoon eyes look like but um Emergency Room Physicians are are always um very um uh alerted to any Hemorrhage um and any um bleeding around the eyes because it could signify or it could mean that there's a much bigger injury inside the skull and that that is not just some bleeding around the eyes that it actually uh is associated with a skull fracture so the ecosis itself as far as U the sort of drainage or seage of blood that's coming into that's what causes the eyes to to sort of swell up is that correct correct and doctor if I could ask you with reference to you can illustrate with the the laser pointer on the diagram up on the as far as the um subarid Hemorrhage sub subdural hematom as far as the the beding within the brain what if any impact that has on the Stull as far as the the fractures are concerned or this building up of pressure itself sub ragine Hemorrhage is um a thin layer of hemorrhage on top of the brain directly on top of the brain under the lepto anding the main effect or I guess one of the um effect effects that subid Hemorrhage has is that it is very irritating to the brain and can lead to seizures subdural Hemorrhage is hemorrhage that um is due to veins um in the dura uh that very tough protective cover on top of the brain that are broken um and leak blood into the space between the dura and the Brain that kind of injury given enough time um you can have accumulation of of the blood and it can um cause significant shift into the brain that's not something that we had here here we had some subdural Hemorrhage but not enough that it was uh what we call space occupying but it was present so it was due to um bridging veins um and the dura being injured uh from the trauma from the fractures um and in terms of um the effect that all these injuries have the subdural and the subarachnoid um and the skull fractures anytime the brain is injured um it responds by um swelling and the skull is a closed space without the ability to expand unlike the skin where you can have a bruise or a significant amount of blood uh accumulate Under the Skin um in the skull once the brain starts to react to the injury and it starts to swell there's nowhere to go except for down and that's the frame and Magnum that is the area where the brain stem and the spinal cord will run um out you know spinal cord connects obviously um uh the brain to um to the rest of the body and um this is one of the few spaces that the brain can try and squeeze into because he has nowhere else to go so herniation brain swelling and herniation are a general response that the brain has to any sort of trauma m g thank you very much you can uh we can have the the lights back on are may approach s Retreat [Music] yes now doctor with respect uh to the um the H injury specifically the fracture um what if any opinion can you uh can you give or can you say in regard to the type of force or amount of force uh necessary to cause the the fracture to the skull That You observe with regard to M I can't really give you a number I'm not a physicist um I can tell you that the skull is a pretty thick bone it takes considerable amount of force to fracture the skull so that was a pretty con able impact now with respect to the injuries to Mr O's head and the onset of hypothermia uh what if any opinion do you have with regard to the timing of those respective to each other well I do believe um the injuries the blunt impact injuries were sustained first um these are not injuries that are um immediately lethal this is not something that would cause death in seconds um and therefore Mr keep may have been incapacitated by the injuries or um uh knocked out if you will um and was not able to get himself into a warmer environment and therefore hypothermia set in given the environmental conditions and given the um uh clothing on the body uh or the lack of clothing I should say no big jacket or anything like that now when you say something as far as a as some type of injury being immediately lethal um you give an example of that the one that forensic Pathologists like to use is a gun wound to the Head um that goes from one side to the other disrupting um the neural systems of the brain and causing the person to immediately um drop and die within seconds or milliseconds um this is not that kind of injury this is an injury that um took a little bit of time to develop as is manifested by the fact that we have some bleeding which means that the heart is still pumping and blood is still um coming out of the vessels and so I guess to that point as far as what was it from your examination and your findings and your uh review of sort of the overall materials uh that leads you to believe that the head injuries happened prior to hypothermia setting it again the findings of hypothermia um the blun impact injuries if someone is um it's not completely out of the realm of possibility that someone becomes hypothermic and then um um Falls as a as a result um but the that the hypothermia would continue um along with you know the brain injuries that took uh some time to develop so I in my opinion I believe the impact um the injury to the head came first um Mr Keef was most likely incapacitated or unable to move into a warmer environment and then the hypothermia set in and if you can uh what if anything can you say as to the sort of um in contrast to sort of the the Bullet to the Head or the instantaneous death uh what if anything can you say as to the time that this would take to manifest itself as far as the um injury to the heads uh and the hypothermic State again I can't give you specifics I would say this was definitely in the matter of minutes many minutes or hours let I have a moment yes now dror you had mentioned uh that at some point you had reviewed some photographs uh from the scene uh where Mr oi body was recovered is that correct yes I was shown some photographs and from the photographs that you were shown what if anything of significance uh Did You observe or lack thereof uh in the area where Mr O'Keefe's body was recovered well based on those photographs um limited number of photographs that I saw and I was shown there didn't appear to be a lot of disruption um around the area where I was told that mr's body was found and that lack of sort of disruption in the snow around where Mr O's body was found what if any significance would that have to you as far as as far as from a diagnostic perspective well it suggests that he really didn't travel a very long distance um once the injury was um inflicted and as far as anything related to uh Footprints drag marks anything like that Did You observe anything like that in that area on the pictures that I saw no now from your extent of your examination of Mr O's body um what if anything uh that you did you observe that would indicate any sort of altercation or a fight or anything like that to Mr I didn't see any signs major signs of what I would call a significant altercation and with regard to that as far as signs what what are some of the the signs and what what would you be expecting to see and what was lacking as far as your observations of Mr o' um I um looked at Mr ke's hands as you saw on the diagrams I did document that there were some contusions on the dorsal aspect very vague and and faint contusion on the left and a contusion on the right hand that particular Fusion has a central little pinpoint Mark that may suggest that it was due to um um attempts to get IV access on his hand that's very um common uh place but I didn't see any bruising on Mr K's Knuckles um his nails were intact I didn't see any breaks um on his nails and I didn't see any fractures or feel any fractures on any of his hands now with respect to the diagrams that were up on the screen before as well as your observations uh from internal examination You observe some fractures to Mr ''s ribs is that correct yes he did have um some fractures I believe to the fourth and fifth um ribs um near the sternum it's a very common location for CPR Associated fractures and so I believe you just alluded to it right there but as far as any fractures to Mr ois ribs what if any opinion do you have as to the uh or origination or causality of those roof fract as I mentioned those are very consistent with the uh resuscitation we see those quite often um given the history that I was provided that extensive resuscitation was attempted did um I documented those as most likely due to uh resuscitation now doctor with regard to the um just by way of contrast you talked a bit about the um significant impact or the thickness of the skull uh how does that relate to the area of the ribs that you're talking about as far as uh can be fractured and recitative vs well I don't understand the question let me rephrase what is it difference sort of between the thickness of the bone in the skull versus the thickness of the bone in the ribs the skull in general is a thicker bone it requires more Force now doctor if I could um are you familiar with a medical term known as Vaso dilation yes and uh can you explain what that term is and how it relates uh to um Mr O's condition I can explain what the term is vas dilation means opening up Vaso refers to blood vessels so vasod dilation is the opening up of blood vessels to um bring more blood to the extremities or any part of the body and again that's a bit of an unfair question as me as far as relations but um so how does that manifest itself uh as far as someone who's in um colder conditions or has that sort of onset of hypothermia what if any relation does the Vaso dilation have to that well you can see um Vaso dilation you can see Vaso constriction and vasod dilation in hypothermia initially um the blood vessels will constrict in an attempt to reduce blood flow to the extremity so there's no heat loss anyone who has rods knows what that feels like um but then ultimately the blood vessels will um dilate bringing more blood to the extremities again the normal um regulatory mechanisms uh that the brain has to maintain our body temperature are disrupted when when um you get into those very low temperatures and therefore sometimes in hypothermia you can see very very red um extremities due to Vasa dilation and with regard to the the redness due to baso dilation is there also a um whiteness sort of discoloration to the extremities that can be observed in hypothermic patients as well that's been described as well yes now with reference to when you make your observations of Mr o'keith uh why is it that um well let me ask you this you didn't see any signs of baso dilation or white fingertips or anything like that is that correct correct I rarely see um signs of of baso dilation especially if um someone has uh died in the hospital can you explain to the jury sort of why that is so for for two reasons in this particular reason Mr Keef was taken to the hospital and attempts were made at rewarming um the body so he was given warm intravenous fluids um and um attempts were made to bring the body temperature up with the hope that the heart would start working once that happened um also um I did not physically see the body until Monday morning um and therefore um I can't really um comment on U baso dilation or any any effects that hypothermia may or may not have had uh acutely on the body because I'm seeing um the body um hours after death and um already um the body has been transferred from the scene to the hospital stored at the hospital and then transferred from the hospital to our facility so there's just too much time between um when the body was discovered to when I looked at the body to make any um reasonable um uh comments on whether there was Visa dilation or not appr yes for Dr I'm showing you a series of five photographs ask you to RW those finish [Music] I'm actually going to see consulate Side by for pleas e area and having looked at the photographs it makes sense that we break for today and we'll start fresh with this tomorrow rather than um showing these two folks now so thank you so we are going to um end for today uh we are on track uh maybe we are definitely on track for finishing this Cas next week partly because of staying all day tomorrow and some of the work we did today and on Tuesday when do all so please follow the three instructions do not discuss this case with anyone don't do any independent research or investigation into the case if you happen to see hear or read anything about the case please disregard it let us know we'll see the long thank you leing your notebooks on your chair take all your belongings all rise J [Music] you can smile out right after thank [Music] you may be seated thank you it it does seem like appropriate place to stop uh does anybody so we're still in session uh does anybody need me for anything now if we could just approach briefly just regarding scheduling your yeah e e e e e e e e All Rise the court please for