Defense Case Starts and they don't want to call Proctor | Case Brief

Watch the full coverage of the live stream on  @TheEmilyDBaker  YouTube channel: https://www.youtube.com/live/0Coi3nBtXcQ?si=5VFXwAl2xxgxxDpB

Day 24 of the Karen Read retrial focuses on the defense's case and a motion to dismiss. Initially, the motion to dismiss is discussed, highlighting how it is generally denied unless there's a complete lack of evidence. The court typically favors the prosecution's evidence for this motion.

The defense then presents its first witness, a tech expert and accident reconstructionist, who analyzes reports from Burgess and Welchure. The expert discusses the timing of the text stream event (1162-2), the backing event of Karen Read's vehicle, and John O'Keefe's phone time. He simplifies complex slides and presents 30 different timing possibilities between the Lexus text stream time and O'Keefe's phone. He points out that three of these possibilities show the text stream event ending after O'Keefe's phone's last manual button click.

The expert also addresses whether Karen Read's car ever registered a collision in its data, concluding there was no registration of a collision during relevant trigger events. Cross-examination by Brennan explores the expert's reliance on others' data and whether the Lexus ever registered a collision before. It is clarified that the system is geared toward vehicle-to-vehicle collisions, not vehicle-to-pedestrian ones.

Further discussion includes a second chip-off procedure and an SD card found with date and time information, clarifying the timing of key cycles. Brennan’s cross-examination also focuses on a chart of infotainment calls and the expert’s understanding and assumptions about the data. The discussion highlights that the expert agrees the closest points in time to the 11622 event, specifically the three-point turn maneuver, are the most reliable for syncing the clocks.

The day ends with discussion about Michael Proctor's text threads and the defense's attempt to authenticate them without calling Proctor as a witness. The Commonwealth argues Proctor needs to be called for cross-examination. The judge reserves a ruling on this matter.

RESOURCES What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

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