Drop Dead Serious With Ashleigh Banfield Episode: 33 Seconds of Controversy: Karen Read's Defense Says Timeline Shift Changes Everything | Karen Read Trial Day 17
Release Date: May 17, 2025

Introduction

In Episode 33 of Drop Dead Serious With Ashleigh Banfield, Ashleigh delves into the riveting developments of Day 17 of the Karen Read murder trial in Dedham, Massachusetts. With over three decades of true crime reporting, Ashleigh provides an in-depth analysis of the courtroom drama, highlighting pivotal moments, contentious exchanges, and strategic maneuvers by both the prosecution and defense teams.

Judge Beverly Kanoni's Unprecedented Warning

The day commenced with an extraordinary moment when Judge Beverly Kanoni addressed the jury directly, issuing a rare and stern warning:

"Don't talk, don't make any facial expressions, no muttering under your breath, no audible noises. Listen and respect both your fellow jurors and the lawyers who've worked so hard to get this case before you."
[00:45]

Ashleigh emphasizes the unusual nature of this admonition:

"Wow. That is so incredibly rare. The judge taking the piss out of jurors. You do not see that unless it's something really big."

This strict directive set a tense tone for the proceedings, indicating the gravity of the case at hand.

Prosecution's Forensic Testimonies Under Scrutiny

The prosecution opened with testimony from Andre Porto, a forensic scientist previously involved in the case. Porto detailed his analysis of DNA evidence from critical items at the crime scene, asserting the likelihood of John O'Keefe's DNA being present on several pieces of evidence. However, during cross-examination, Defense Attorney David Iannetti pressed Porto on the absence of DNA comparisons to key individuals:

Iannetti: "Were you ever asked to compare the DNA profiles to either Brian Higgins or Brian Albert?"
Porto: "I was not."
[05:20]

This line of questioning exposed potential gaps in the prosecution's evidence, leading Porto to acknowledge the possibility of DNA from unknown sources:

"The DNA could have been from anybody."
[07:10]

Ashleigh notes the significance of this revelation, highlighting the defense's strategy to cast doubt on the prosecution's case by emphasizing uncertainties in the forensic evidence.

Ashley Valliere's Detailed Evidence Handling

Next, Ashley Valliere, another forensic expert, presented her meticulous work on evidence packaging and analysis. She described the handling of evidence bags and the physical matching of plastic fragments found at the scene:

"I received a large paper bag, inside of which were several smaller brown bags, each containing a separate item."
[12:30]

However, during cross-examination, Defense Attorney Iannetti questioned the timeline of evidence submission:

Iannetti: "When was John O'Keefe's clothing submitted for testing?"
Valliere: "A full six weeks after John's death."
[16:05]

The defense further probed into the storage and examination of the clothing, revealing delays and lack of direct analysis:

"I never examined the clothing itself, only the debris that had been extracted from it."
[18:40]

This highlighted potential negligence or procedural oversights, strengthening the defense's position.

Discovery Disputes: The 33-Second Controversy

After the courtroom session, significant disputes arose regarding discovery materials. The first involved an amended report by Shannon Burgess from crash reconstruction firm Aperture:

"Shannon's report, which was amended on May 11, changed the timeline of when Karen Read allegedly hit John O'Keefe with her Lexus... by a whopping 33 seconds."
[25:15]

Defense Attorney Iannetti criticized this alteration as an ambush, suggesting it could dramatically impact the case's outcome. Concerns were raised about the timing of the report's modification, especially post-testimony from cell phone expert Ian Wiffen:

"The expert behind the report may have been watching testimony which... is against the rules."
[27:50]

Special Prosecutor Hank Brennan countered these claims, maintaining that the prosecution acted in good faith:

"We're not changing our timeline. We're just saying things without a good faith basis."
[30:05]

Ultimately, Judge Kanoni sided with the prosecution, allowing full cross-examination of the Aperture witness while denying a voir dire on the matter:

"The judge gave the defense full leeway to cross-examine the witness when they testify."
[32:20]

The ARCA Report and Defense Strategies

The second discovery dispute involved the crash reconstruction firm ARCA, initially hired by the Department of Justice but later engaged by the defense. ARCA's report supported the defense's assertion that Karen Reed's SUV did not collide with John O'Keefe:

"Their report lined up exactly with what the defense contends happened all along."
[35:10]

The prosecution argued that ARCA's findings were submitted past the discovery deadline, necessitating time for rebuttal:

"Their own experts needed time to review it, including Aperture's Dr. Judson Welcher."
[37:45]

Judge Kanoni permitted limited rebuttal from the prosecution post-ARCA's testimony, indicating the court's effort to maintain fairness amid procedural challenges.

Outside the Courtroom: Protests and Legal Boundaries

Externally, tensions mounted as Karen Reed's supporters contested a buffer zone imposed by Judge Kanoni to restrict protester proximity to the courthouse. A federal appeals court later deemed the buffer zone an infringement on free speech, allowing demonstrations closer to the courthouse under strict conditions:

"Supporters must stay quiet and not interfere with court operations."
[43:00]

Karen Reed addressed the media, accusing the prosecution of mounting a defense against her defense and highlighted the victory regarding the buffer zone as a significant development.

Looking Ahead: Prosecution Nearing Case Conclusion

As the episode concludes, Ashleigh outlines the prosecution's progress, noting that key witnesses like Brian Higgins, Michael Proctor, and Brian Albert have yet to testify. The defense is anticipated to present its case imminently, promising further twists and expert battles in the courtroom.

"Still ahead, a battle of the experts, a final stretch of witnesses, and a defense team getting ready to make its move."
[50:30]

Conclusion

Day 17 of the Karen Read trial has been marked by intense forensic examinations, strategic legal confrontations, and unexpected procedural disputes. Judge Kanoni's stringent instructions to the jury, coupled with the defense's adept challenges to the prosecution's evidence, underscore the complexity and high stakes of this case. As the trial progresses, listeners can expect continued drama and critical insights as Ashleigh Banfield accompanies them through each pivotal moment.

Remember, the truth isn't just serious—it's drop dead seriously.