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time. Who. Stars Day. Give

4:01

them the reciprocal discovery that we were

4:03

obligated to do after they filed their

4:05

certificate of compliance. When? Within

4:08

three days of that. We had been giving them

4:10

information prior to that, but at least within three

4:12

days of that. We've continued,

4:14

so the record's clear, we've continued

4:16

to get additional discovery from the

4:19

Commonwealth in notices of discovery throughout

4:21

the trial. They

4:23

have not finished. In fact, during

4:25

the trial, they interviewed Jen McCabe,

4:28

apparently, had a full interview

4:30

with her. Lieutenant

4:33

Tully took a report, dated

4:35

the report, and then they held on

4:37

to that report until after she testified.

4:40

The interview, the report, and the completion

4:42

of the report were all done before

4:44

her testimony. Do you need to call

4:46

her again? That's not my, and

4:49

I think the court understands. That's not my point.

4:51

My point is not I need to call Jennifer

4:53

McCabe back. I've done the damage that needs to

4:55

be done on Jennifer McCabe. Yeah,

4:58

he's done the damage that he needs to be

5:00

done on Jennifer McCabe. Dr.

5:04

Russell testified that the injuries on John

5:06

O'Keefe's arm, because everybody has their expert

5:08

witnesses, and you know, usually you bring

5:10

an expert witness in that's going to

5:12

go with your narrative, and that's what's

5:14

happening here, appeared to be

5:16

more consistent with an animal attack rather

5:18

than a motor vehicle accident, having seen

5:20

hundreds and hundreds

5:23

of car accident victims. I ruled that

5:25

out very quickly, Dr. Russell stated. She

5:27

further explained that the wounds were consistent

5:29

with a large dog attack, a combination

5:32

of bite wounds and

5:34

scratches. Based on your review of all of

5:36

those materials, were you able to

5:38

confidently come to any conclusions or opinions

5:41

about the nature of the injuries suffered

5:43

by John O'Keefe, specifically as they

5:45

relate to John O'Keefe's right arm? Yes.

5:49

What is your opinion and conclusion concerning those

5:51

injuries? Those injuries

5:53

appear to be consistent with

5:55

an animal attack. Can

5:58

you be more specific in terms of the...

6:00

type of animal or are you relegated to

6:02

simply an animal attack? Well,

6:04

they are consistent with a large

6:06

dog attack. There's

6:10

a combination of both what I

6:12

consider bite wounds and scratch wounds

6:14

on the arm. There

6:20

were also some puncture wounds in that shirt.

6:24

And I'm sorry, puncture wounds in

6:26

the shirt? Not a whole

6:29

in the shirt. And

6:32

on what do you base the opinion that

6:36

the injuries are consistent with dog bite or

6:38

scratch marks? Well, the

6:40

patterns. There are

6:42

several patterns of parallel wounds

6:45

that appear to be

6:47

superficial scratches that could

6:49

have been caused by nails or could have

6:51

been caused by teeth. There

6:57

are different angles on the arm and different locations

6:59

on the arm. But

7:02

they're generally oriented in

7:04

a Pacific direction. And

7:07

there's also an area, the distal forearm,

7:10

which is close to the wrist, which

7:14

shows what I believe is

7:17

an arch area of

7:19

teeth marks. And

7:22

what's the significance of the arch area? Well,

7:25

so the arch would be the front area

7:28

of the jaw of

7:31

the animal or the dog in this case

7:34

where the teeth tend to

7:36

be close together and curved.

7:41

There's a curved pattern to the

7:43

configuration of the teeth. And

7:46

the narrative I'm sure that they're

7:48

trying to play here is that

7:50

still with the dog

7:52

theory that the the Elberts

7:54

got rid of their dog a little

7:57

after this all took place and that

8:00

In fact, it should be noted that

8:03

there's a giant forest right

8:06

there, right across

8:08

the street. They're actually right behind

8:11

the house. And you know, it's

8:13

coyotes, there's all that sort of stuff. We got a

8:15

dead body sitting there. They

8:18

do come out and may look at

8:20

the body and maybe bite

8:22

it. It

8:24

could be a possibility if

8:27

in fact there are animal

8:30

wounds on this. It's so confusing for

8:32

a jury. The jury didn't hear that

8:34

testimony because they're determining if she can be a witness.

8:39

But you have one expert here who says, believe me,

8:41

this is all fact, this is my expert opinion. The

8:43

next one says, no, believe me. Like,

8:46

okay. What's an act? Who

8:48

is right here? You almost feel more confused by

8:51

the end of the day. Well,

8:53

I'll tell you as somebody who's worked in the vet field, to

8:56

me, I'm not an expert.

9:01

Okay. We all know I

9:03

am not an expert on bite wounds, but I've

9:06

got some scars on my arms from

9:08

having worked in the vet field. And

9:12

they do look like

9:14

an animal attack. I've

9:17

seen some pretty aggressive bite marks from

9:20

police dogs and things like that. It

9:23

does look like that. So

9:25

you'd have to get up close to those

9:27

wounds and really take

9:29

a look at the

9:31

different angles you're seeing. And

9:33

is there an entry point to the puncture and

9:36

then a slide, like a fang, things like that.

9:40

So there's a lot to look at and there's

9:42

a lot of different perspectives. She

9:45

has to have actually been next to

9:47

the body, I would think. Not

9:50

just pictures, but

9:52

be able to touch where the wound

9:54

is and split it

9:56

apart and see the different angles

9:58

that you can see. And I just, I

10:01

don't know, she sounds like somebody they

10:03

might have found on social media or

10:05

something. Well, the judge questioned Dr. Russell

10:07

about her qualifications, noting she had no

10:09

training in accident reconstruction. Despite this, Jackson

10:11

defended her inclusion, arguing we have contrary

10:14

evidence and Ms. Reed should be entitled

10:16

to present that evidence. All

10:19

right, it's the Commonwealth's motion. What

10:22

are you asking me to do? Again, I found a violation

10:24

of Rule 14. There

10:28

are two concerns here, the competency of

10:30

the witness's testimony, how much she can

10:32

testify to, whether she should testify at

10:34

all. What is

10:36

it you're asking me, Mr. Lally? Your

10:38

Honor, I'm asking that the witness be excluded from testifying at

10:40

the trial for the violation

10:43

of Rule 14. Specifically,

10:45

I believe it's Rule 14A6. This

10:49

is a witness, as

10:52

the court picked up

10:54

on, that reached out, albeit

10:56

through an intermediary, with

11:01

reference to just sort of discovering

11:03

or coming upon this case in

11:06

several weeks into the trial. It

11:09

is concerning, given the fact that the witness represented

11:11

that she had a subscription to the Globe Online,

11:13

received word of this, and the first time that

11:16

she had ever seen it or had grabbed her

11:18

attention was in that first week of May, when,

11:21

as the court is well aware, there's been

11:23

widespread media coverage, particularly through the Boston Globe,

11:26

for years at this point. The

11:31

limitations of the testimony, it's

11:34

also concerning because the disclosure from

11:36

counsel indicated, again, as

11:38

the court had noted, I didn't want to

11:40

get into too much as far as for

11:42

purposes of this voir dire, but there was

11:44

additional material that was indicated in the disclosure

11:47

that the witness had reviewed, including the UC

11:49

Davis related to the canine

11:52

DNA, or the lack thereof, as

11:54

well as, forgive

11:58

me, the... dog

12:01

bite history of that specific dog, which

12:03

also I would know for the court,

12:05

includes photographs of what a

12:08

dog bite from that specific dog looks

12:10

like. And that

12:12

specifically apparently was not provided

12:14

to this witness, who's then

12:16

opining on, infurably

12:19

at least, that that dog was

12:21

the cause of these particular injuries. However,

12:24

was not shown specifically anything to do with

12:26

that bite history, as far as by way

12:28

of reports or photographs. So

12:30

that juxtaposed or coupled with

12:33

the immensely late disclosure.

12:35

I mean, we're talking about at

12:38

least the sixth week of trial by

12:40

the time this witness is even mentioned,

12:42

not on the defendant's witness list, not

12:45

mentioned at any point in time during the pendency of

12:47

the case. And then sort

12:49

of pops up in the middle of May

12:51

and to the

12:53

point that the limited amount

12:55

of material or information that's provided

12:58

by counsel as far as disclosure or opinion doesn't

13:02

come until today. Additionally,

13:05

Dr. Daniel, what? What?

13:08

No, I just said oops. Oh, yeah. Additionally,

13:12

Dr. Daniel Wolf and Dr.

13:14

Andrew Wretchner from the ARCCA,

13:16

a private accident reconstruction company,

13:18

provided their expert opinions. Dr.

13:20

Wolf, the director of accident

13:22

reconstruction at ARCCA, noted

13:24

that the damage to Reed's SUV did

13:26

not align with it having struck O'Keefe.

13:29

The car didn't hit him and he

13:31

wasn't hit by the car, period. Full

13:33

stop, both testified, referencing findings from a

13:35

pretrial hearing. Dr.

13:37

Wrenchler, a biochemical

13:40

engineer specialist, supported this assertion, further

13:42

questioning the prosecution's evidence. Defense attorney

13:44

Jackson highlighted these expert opinions to

13:46

bolster their argument that O'Keefe's injuries

13:48

were not caused by Reed's vehicle.

13:51

In response to the defense's presentation

13:53

of Dr. Russell, ADA Lally requested

13:56

the judge block her testimony,

13:58

suggesting she tried. to inject herself into

14:01

the case too late. The judge acknowledged the

14:03

complexity of the issue and stated she would

14:05

make a ruling soon. She instructed District

14:08

Attorney Lally to find a rebuttal witness

14:10

in case Dr. Russell is allowed to

14:13

testify. The trial

14:15

continued without jurors present to allow

14:17

for the vote dire for

14:19

these expert witnesses determining the admissibility and

14:22

scope of the testimonies before the jury

14:24

returns on Thursday. So the jury did

14:26

not hear any of those things, but

14:28

they're trying to determine if these these

14:30

folks can be

14:32

expert witnesses and the jury can't hear their testimony.

14:35

Should be interesting. Oh,

14:37

it just keeps getting better and better. I mean, this is

14:40

honestly, I finished only murders

14:42

in the building on Hulu.

14:45

And this is this is a really good

14:47

way to spend my time watching this trial.

14:49

Oh my God. Yeah, I

14:52

know. It's like must

14:54

see trial television as

14:56

bizarre as it

14:58

continues to get. So more

15:01

on Thursday. So we'll

15:04

have an update for you on Friday

15:07

of what's going on here

15:09

in the trial of Karen Reid. Want

15:11

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15:13

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anyone else? Become a

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