Transcript
Ashley Banfield (0:03)
Hey, everybody. I'm Ashley Banfield, and this is drop dead serious. It is day 24 in the Karen Reed trial, and today it was finally time for the defense to take the wheel. Their first witness, a crash reconstruction expert named Matt Desogra. He's a licensed professional engineer who's worked with everything from infotainment systems to something called EDR black boxes. And this expert told the jury that Karen's SUV did not hit anyone. Not on the night in question, not ever. But the real fireworks came later when a surprise witness who was included on a group text with former trooper Michael Proctor, set off a battle over potential bias and whether Michael Proctor's own words could end up in front of this jury. This case has turned a corner, y' all. And if today was any sign of what's ahead, the gloves are coming off. So let's rewind back to the beginning of the day. Before Karen's lawyers even stood up to begin her case, they threw a proverbial Hail Mary. They asked the judge to toss the case out completely, like, that's it. Game over. Let's go home. They argued that the prosecution had failed to prove beyond a reasonable doubt that that a crime had even occurred. It's something called, quote, required finding of not guilty. And it is not unusual for defense attorneys to ask for something like this during a trial. And Karen's lead attorney, Ellen Jackson, made it crystal clear why he felt their motion had merit. He told the court that in this case, there was no video, there were no eyewitnesses, and there was no clear evidence that Karen Reed had ever struck John o' Keefe with her suv. He said all that exists in this case is, quote, circumstantial technical data, quote, and in his words, quote, a vindictive prosecution, end quote. But the judge, Judge Beverly Canoni, she wasn't biting. She denied the motion. Something also that is not unusual. But, hey, if you're a defense lawyer, you got to throw every piece of spaghetti at that fridge. You got to cross your fingers that something will stick. And I have seen cases where it works. Sometimes it does, but honestly, most times it doesn't. So when the judge called in the jury, the defense called their very first witness, Matt De Sogra, a crash reconstruction expert. Right away, Karen's lawyer walked the jury through his resume, and that's been a sticking point in this trial already. Experts whose resumes don't measure up, they don't exactly line up with the truth. As for this expert, his degrees, his credentials, his crash analysis, experience. Check, check, and Check. And then came the core reason that he was called to the stand. This expert's task was to review the work of Shannon Burgess and Dr. Judson Welcher, the prosecution's crash reconstruction experts from a company called Aperture llc. And according to this expert, Aperture's approach was, quote, unique. He said he told the jury that, quote, I have never seen the approach taken here, end quote. And he wasn't being complimentary. At the center of today's testimony was timing, precise timestamps pulled from Karen Reed's lexus and John O' Keefe's iPhone. The data does not lie. But interpreting it, that's where the fight comes in. The defense's expert testified that phones and vehicles run different time clocks, but that this case, in this case, the state's experts tried to sync them up using a type of shared maneuver between Karen's SUV and John's iPhone. But this expert flagged a problem. He said the reports from Aperture were not built around the trigger point of the event. He said they were built around the end of the recording. And he said that matters because it could introduce a five second discrepancy. And in a case where seconds matter, that, he said, is a big deal. He also pointed out that not one piece of data from Karen's car, including TechStream and the airbag control module, showed that a collision on January 29, 2022, even occurred. In fact, he said there was no record of any collision on that vehicle ever. On cross examination, special prosecutor Hank Brennan zeroed in on this expert's reliance on the aperture reports. And Brennan pushed hard, asking if the expert had done any testing himself. No, the expert said he had not. The prosecutor worked to chip away at his credibility, emphasizing that if any assumptions in the aperture data were off, then so were this expert's conclusions. That's when the cross examination got technical phone calls that were logged in the car versus phone calls that were logged on actual phones, something called clock drift and GPS timestamps. But the takeaway was clear. The prosecutor wanted jurors to question whether this expert's analysis was built on a shaky foundation. But then Karen's lawyer came back on redirect with a few sharp points. He said this expert may not be an expert on phones, but he is an expert on vehicle data. And he added, this expert never, ever lied about his credentials. Ouch. Karen's lawyer made it clear that this defense expert filed an amended report only after reviewing data that was updated by the state. And most importantly, the defense pointed out if a new event on John Okeefes phone occurred later than originally believed. It would change everything. That every scenario in the defense's 30 event model would show that that phone activity happened after the LEXIS event and not before, not during after. Once this witness had left the stand, Judge Canoni dismissed the jury. But the day in court was not over. Not yet, anyway. Jonathan Diamandis was called for voir dire outside the presence of the jury. He is a longtime friend of that former trooper Michael Proctor and defense lawyer David Yannetti. Asked if Diamandis had ever been on a group text with Michael Proctor, the witness said, yes. And I will bet that you know where where this is going, right? You remember all those dirty, filthy texts that made their way into Karen's first trial? The ones shared between investigators right after John died? The messages were derogatory towards Karen Reed. They were beyond inappropriate. And they were part of the reason that Trooper Michael Proctor was fired from his job. And they may also have been part of the reason that the jury didn't trust the investigation into Karen's case and ultimately were hung in their verdict. And now in trial number two, Karen's lawyers say those group texts could show that former Trooper Michael Proctor had a personal bias against Karen Reed. And that's when prosecutor Hank Brennan stepped in. He argued that this witness couldn't authenticate the messages because he didn't remember them clearly, and that if the defense wants to argue bias, they should call former Trooper Michael Proctor to the stand himself because only he can explain the meaning, the context, or the intent behind his words, however vile they were. So there's no decision yet on whether this witness is going to be allowed to testify. But on day one of the defense case, they put their first expert on the standard. They challenge the timeline, and they set their sights squarely on Trooper Proctor. Now, the big question is, will that disgraced trooper be called to the stand? We are certainly going to be watching. I'm Ashley Banfield. Thank you so much for listening. And remember, the truth isn't just serious, it's drop dead serious.
