
Wednesday saw the culmination of the prosecution's case against Karen Read, their key crash reconstruction expert sharing his conclusion about what happened to John O'Keefe — or what the judge allowed him to share. Then, the defense began working to poke holes in the argument. Here's what happened in a stop-start day in court, and how important our legal experts say it could prove to be when the jury considers whether to convict Read. Plus, what the expert revealed about how he obtained the replica of Read's SUV that he used in testing.
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Jeff Lewis
NBC 10 Boston news worthy of you. Tonight, back on the stand, a second full day of testimony for the prosecution's final witness. Whether that is consistent with a collision.
Dr. Judson Welcher
Or a impact with Mr. John O' Keefe. It is consistent with the collision.
Jeff Lewis
But this time the defense got their chance to cross examine him.
Dr. Judson Welcher
Ask me about the opinion of a medical examiner.
Michael Coyne
I'm not a member.
Glenn Jones
Only one person at a time.
Jeff Lewis
How the defense worked to poke holes in his findings. But was this approach effective? Plus a key ruling from the judge.
Glenn Jones
The jurors are as well positioned to draw or reject the inference as is the expert.
Jeff Lewis
Our legal experts break down the importance of her decision. Canton Confidential the Karen Reed murder trial starts now. For the second straight day, we saw only one witness take the stand. The difference today was who got to ask questions of Dr. Judson Welcher. Good evening, I'm Glenn Jones.
Jason Monahan
And I'm Jason Monahan. Today the defense got their chance to cross examine Welcher. Robert Alessi had the job to do that today and spent the day crossing him. Melody Mendez has been covering it all from the courthouse in Dedham. Melody.
SiriusXM Announcer
J.C. glenn, look. Robert Lessee went item by item, picking apart Welcher's testimony from the day prior, basically pointing at information that he says Welcher did not consider. When coming up with potential theories. He focused on what he didn't have versus what he did. Take a look. Robert Alessi started his cross focusing on the importance of being objective, asking Dr. Welcher about confirmation bias. When someone selectively gathers evidence to confirm.
Monday.com Announcer
A theory, an example of confirmation bias.
Jeff Lewis
Is.
Monday.com Announcer
Not considering alternative hypotheses.
SiriusXM Announcer
Alessi narrowed in on Welch's testimony that John o' Keefe wouldn't necessarily have had any broken bones or injuries to his lower extremities after potential impact with Reed's suv. But later in the day, Lessee pointed out the report Welcher used about common injuries and pedestrian strikes is 46 years old.
Monday.com Announcer
Are you aware that the currently understood most common injuries as a result of pedestrian motor vehicle collisions are injuries to the lower extremities?
Dr. Judson Welcher
It wouldn't surprise me if that's accurate.
SiriusXM Announcer
Over and over again, Alessi focusing on key data Welcher did not have, like John Okeefe's body position when he was allegedly hit. Information that in his own testimony about the differences between injuries from sideswipes versus direct impact, Welcher noted would be of crucial importance.
Dr. Judson Welcher
Pedestrian impacts and how you move post impact are very sensitive to your exact body position.
SiriusXM Announcer
Walter. Multiple times on the stand today acknowledging that key piece of data missing, like in this exchange about the height of the spoiler on Reed's suv.
Dr. Judson Welcher
We don't know his exact body position at the point of impact, nor do we know the exact position on the ground. So which is part of the reason why I haven't tried to exactly simulate this.
SiriusXM Announcer
But keep in mind, fewer than 24 hours ago, the doctor testified about dressing like O' Keefe, buying a replica of Reed's car and doing a simulation, something he called the blue paint test. Alessi took aim at another missing component of that test.
Monday.com Announcer
You didn't do a blue paint test with the vehicle going at 20 miles per hour, correct?
Dr. Judson Welcher
That is correct. I was not going to Hit myself with the Lexus at 20 miles an hour.
Monday.com Announcer
You could have done other tests where the vehicle was going at 20 miles per hour if you used a crash test dummy. Correct.
Dr. Judson Welcher
You could have done that if you use the right crash test dummy. And then to set up the test, you have to know everything about the parameters. And so again, pedestrian impacts are so very sensitive to initial angles. If I were to do a test and it was off a tiny, tiny bit and we got some different results, I would be in here having to defend it. Well, your own testing didn't show it. Point is, we don't have enough information to be able to conduct that testing.
SiriusXM Announcer
Now, nearing the end of the day, I want to mention this because this was very important, but Alessi pressed Judson on findings that he says reed's SUV went 87ft in reverse. 87ft, that's the distance between bases on a baseball diamond. 87ft in reverse at 24 miles per hour in the dark, in a blizzard, and didn't collide with any other vehicles or leave the road. And keep in mind, there were up to 16 people inside the Albert home at any given time throughout the course of that night. So vehicles outside on that small street, as you can imagine. J.C. glenn, back to you, Melody.
Jason Monahan
Let's dive deeper into Robert Alessi's Cross of Dr. Welcher. We're joined now by NBC 10 Boston Chief Legal analyst Michael Coyne, as well as former prosecutor Margaret McLean. Margaret, welcome to the team.
Glenn Jones
Thank you.
Jason Monahan
Thank you for being here. We are going to go into Alessi and the questioning that he had for Welcher about the work he conducted. Let's take a listen to another portion of that.
Monday.com Announcer
But it's also possible that under your theory that a collision occurred, that that arm could have been impacted any part of the back of the vehicle. That's possible, isn't it?
Dr. Judson Welcher
That's not probable?
Monday.com Announcer
No, I'm asking, is it possible?
Dr. Judson Welcher
Anything is possible. I don't deal in possibilities, I deal in probabilities. It's not probable.
Monday.com Announcer
But you don't know exactly where the point of impact was.
Dr. Judson Welcher
So within the range of the light and the exact angle of the hand? No, I don't.
Jason Monahan
Okay, so this is much different than how the defense responded to the prosecution's last expert witness, which was the brain surgeon, Isaac Wolf. He spent just a couple of minutes, asked a couple of questions, and he was done. So this has been all day today. We're not done. He's going to continue again tomorrow. So my question to both of you is why wouldn't the defense on this just let their experts come up to refute what they had to say? Their experts are arca. Let them come up and say, here's our version of it. Because what happened today was a lot of Alessi pushing and for their witness to say, but you don't understand the science. So it was almost like going back and forth between two people who would not agree that they don't understand the material.
Michael Coyne
Because this is the Commonwealth's last and most critical witness. And what he's done is tied all of that data that we heard earlier on and the cell phone battery and all the science together and now pretty emphatically has said that her vehicle struck John O' Keefe at 12:30 or so and obviously then contributed to his death. This is a crucial witness. I think he was just as strong as the Commonwealth needed him to be and stood up fairly well on cross.
Jeff Lewis
Did you find that Alessi could poke any holes into what was this expert witness's theory?
Glenn Jones
Well, I, first of all, I don't think this was Alessi's best day. He went around and around and around with the witness. He got complicated. He's going head to head with an engineer and I think he should have made his small points. Right. And then, you know, sit down after that. For example, I really like the area where he talked about the berm. He said to the witness, well, you didn't step onto the property and you didn't account for this 4 inch berm and that was very good. So saying, well, when you did, he should have gone on and said, well when you did your tests, that could be 4 inches. So there goes all your calculations, throwing it out. Instead he got so caught up in the weeds and in that complicated engineering thing. And yes, I agree with you. Wait for the ARCA witnesses and they'll say whatever he wants them to say.
Jason Monahan
Let's talk more about that. We're going to go to Dr. Welcher. Quite possibly, as you mentioned, the most important prosecution witness. Once the prosecution rests, the defense, as we know, will get their chance to present evidence. They're expected to call ARCA that I mentioned the Reconstructionist, Doctors Daniel Wolf and Andrew Rentschler, both central figures in the first trial, both hired by the federal government as part of an investigation into the case. They testified that John o' Keefe's injuries were not consistent with being struck by a vehicle. Take a listen.
Dr. Judson Welcher
I didn't have enough evidence based on what I was provided and even looking at the additional evidence that I became aware of after the fact, there's still still no evidence. I mean, you can't deny the science and the physics as to what would have happened if he was struck by the vehicle. So anything past that, you have to somehow overcome that hurdle, which is very difficult to do.
Jason Monahan
So can you explain the strategy? I mean, expert against expert seems like a pretty clean way to go versus, as you were saying, all the minutiae that Alessi got into today?
Glenn Jones
Yeah, absolutely. And I think that's what he should do is just wait for his own experts. The one thing I will say though, as far as Dr. Welcher, maybe Alessi did a good thing in that many people thought that Welcher came across conceited and a total jerk. So maybe the jury won't like him as a result.
Michael Coyne
And that's a possibility. And, you know, oftentimes you have dueling experts. And so the question at the end of the day becomes which one are they more likely to believe? And the cross examination on Acker is going to be pretty brutal. They've destroyed all their documents. She gave Attorney Brennan of voir dire already with respect to a lot of it. If you think he's good on redirect, which he is. He is very good on cross examination.
Jeff Lewis
Well, let me ask you one specific question about Dr. Welcher. Did he repair for the prosecution the potential damage done by Shannon Burgess?
Michael Coyne
I think so, so far. Now, I think we'll see some of that cross examination about Burgess tomorrow when they finish up. But I do think he's restored some respectability to the company by showing what his findings were and then staying strong throughout what is a pretty vigorous cross examination by a skilled advocate. I just think I agree that he got in the weeds today. I don't think you Cross examine a PhD in mechanical engineering and physics about physics.
Jeff Lewis
Right.
Jason Monahan
Let's go down to a key ruling from Judge Kanone that happened before testimony even began. Today. She announced her decision away from the jury. Take a listen.
Glenn Jones
Dr. Welcher can testify that the data he downloaded and analyzed and the damage to the Lexus is consistent with Ms. Reed's vehicle being in a collision. In addition, Dr. Welcher can testify that Mr. O' Keefe's injuries are consistent with his having been struck by a Lexus that is physically identical to Ms. Reed's Lexus. However, he may not testify that Ms. Reed's Lexus collided with Mr. O' Keefe because that conclusion is not based on the application of reliable scientific methodology.
Jason Monahan
So basically everything that Welcher testified on direct is in except for that last comment that he made, because it's Alexis, it's John o' Keefe. You just can't place Karen Reed and John o' Keefe together. That's the ruling. Is it the right one?
Michael Coyne
Yeah, it's within the judge's discretion. What she's afraid of, or what the law says is that you don't want to invade the province of the jury. They can't opine on the ultimate issue. Now, there's some technicalities there. So what she did is she said you can testify that it is consistent with being struck by Ms. Reed's vehicle. And that's just what he did. You just can't say that in his opinion, that's exactly what happened.
Jeff Lewis
Well, I suppose, Margaret, a point we should not overlook is that perhaps this witness, in two trials made the best effort to lay out the narrative connected to the prosecution's theory. I mean, up until now, there have been so many questions around what the injuries are, what speed the car was moving at. He gave us a plausible narrative.
Glenn Jones
He certainly did. Especially with the lacerations on Okeefes arm. So many people think it's the dog bite, but he using the blue paint, the jurors may think that's very effective because that blue paint was in the area where those lacerations were. So they might make. They may find that very credible.
Jeff Lewis
All right. It's going to come down to the battle of the experts on accident reconstruction. Thank you very much. Margaret McLean, welcome to Canton Confidential. It's so great to have you here, Michael. You'll be sticking around. We never let you go far. Coming up, who paid for Aperture to buy a replica of Karen Reid's car? That's the question many of us have been asking. What Dr. Welcher is now revealing about the purchase. You're watching Canton Confidential, the Karen Reed murder trial. Don't miss any of the Karen Reed murder trial. Get the full recap of what happened in court, expert analysis, and what we could see next. This is coverage you won't see anywhere else. Canton confidential, weeknights at 7 on NBC 10 Boston.
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Monday.com Announcer
You are a senior Vice president of Aperture, are you not?
Dr. Judson Welcher
I am.
Monday.com Announcer
You would know, wouldn't you, if. If your firm was not getting paid for work since September 23rd of 2024, wouldn't you?
Dr. Judson Welcher
No, probably not.
Jeff Lewis
Michael Coyne is back with us, and we're joined now by our courtroom insider, Sue o' Connell. So that, of course, was Robert Alessi's cross examination of Dr. Judson Walcher. As you saw, he was asking a number of questions as it relates to what Aperture is being paid. Sue, I wanted to just ask you. When I think about the cross examination of Ian Wiffen, the cell phone expert, I kind of know exactly what Alessi was trying to elicit. The same is true for Shannon Burgess here. I'm not so sure the focus here on what was being spent doesn't seem like a key point. In fact, I'm not at all surprised.
Sue O'Connell
Well, you know whose fault that is? The witness's fault. And I'll tell you why. There were three questions that Alessi asked at the beginning. The first was, what is the scientific method? I think we all saw that in our very first chapter of every single textbook. Have you been employed by the state? Do you have a contract that took 30 minutes for him to answer? So the reason you're concerned about why should I care about this? Is instead of just answering it, he evaded it. He got very. I said he was very like the trooper who will go unnamed at the moment, you know, trying to avoid answering things that are unimportant. Right. Scientific method. Do you have a contract? Is this your company? How much are you being paid, that should take five minutes. It took almost 30 minutes. And it was just a waste of my taxpayer dollars because he's going to have to come back tomorrow. It's a waste of the juror's time. Right. And he kept just ignoring the judge's direction.
Jeff Lewis
No, no, sue isn't the flip of that, though. Why is Robert Alessi asking those questions? He knows the answers to them, and they don't really provide much material.
Sue O'Connell
It's a matter that he should just answer them. What's the big deal? He's an expert witness. He gets paid by the state. The same is true for the defense. They're hiring expert witnesses. And Hank Brennan's going to get up and say, are you being paid to be here today, Michael?
Jason Monahan
You look like you're ready.
Michael Coyne
He's going to be just as evasive. One of the most significant ways you try to impeach an expert witness is the fact that they've been paid to testify. And if you've been paid to testify, you are more likely to lie for the person who's paying you. That's the basic principle. And the more you've been paid, and here it sounds like it's approaching about a half a million dollars, the greater the likelihood he spent too much time on it. And Sue's right. Sue's right in part. He was evasive about it. They all are going to be evasive. Oh, I don't know. They didn't show up for free. Same thing happened with ARCA witnesses in the first case. Oh, I don't know. We weren't being paid. And then, as it turns out, they got paid on July as soon as the case was over. They should just admit it. It's a given. You understand that when you hire these experts, you pay for their testimony. And they would say, you pay for my time and expertise, not my testimony.
Sue O'Connell
And it's so relatable to be on the jury and have somebody who owns a company, and you don't know if he's making any money from it. I mean, I totally relate to that.
Jeff Lewis
That was sarcasm.
Michael Coyne
The bosses are on the phone.
Jason Monahan
Dr. Welcher brought up a case from outside of Massachusetts. Massachusetts, about a pedestrian accident where the pedestrian died and had no bone breaks, no broken bones. It really aligned with the prosecution theory of the case. Michael, did it land?
Michael Coyne
And it landed with me. It landed with you because that's what everyone has been wondering. How could this vehicle hit him and not cause any broken bones? The picture did it and the illustration you had did it and just the image that he said a couple times, you have a 6,000 pound vehicle hitting a 216 pound man. What do you think is going to give to me? There was a number of pieces like that that helped to solidify the government's case. If she's convicted, it'll be based on her statements and the science that's now been tied together.
Jeff Lewis
Yeah, it did feel like a big moment. All right. Dr. Walter testified his company Aperture, bought a Lexus similar to the one owned by Karen Reed in order to perform his testing. Just before that testimony, we got this question from Kate. Who pays for that? Does the Commonwealth? Dr. Welcher addressed that question on a cross examination today.
Dr. Judson Welcher
We paid for the Lexus. We're keeping it until the trial's over. We're selling it and charging the commonwealth the difference in the price.
Monday.com Announcer
Exactly. That was where I was going, sir. So.
Dr. Judson Welcher
But they're only paying the difference, so. And in theory, if we sell it for more in California, then we'll reduce the bill.
Sue O'Connell
Okay.
Monday.com Announcer
I don't want to speculate. I just wanted to see what the obligation was.
Dr. Judson Welcher
The obligation is the difference.
Monday.com Announcer
Exactly. So the obligation is the difference.
Jeff Lewis
All right, Michael, I can't resist to ask you two questions on this. First, one, what we just heard there, is that rare or typical? And secondly, isn't there a good chance this vehicle is going to sell for more than it's worth because it was associated with the care and retrial?
Michael Coyne
Well, the fact is that, you know, the macabre really does appeal to a lot of people. And so it very well may sell for more than what they purchased it for. It is very unusual. This is in private industry. You would probably likely see this type of money paid on experts and their equipment like this case has done. It's unusual, highly unusual for the government to have spent so much money purchasing a $60,000 plus Lexus and then putting it through all of these extensive tests.
Jeff Lewis
Interesting.
Jason Monahan
All right, let's talk about the new motion by the prosecution. It was prompted by the testimony of Dr. Welcher's colleague at aperture, Shannon Burgess. Last week on cross, the defense questioned his educational background, pointed out outdated information on his resume. Take a listen.
Monday.com Announcer
Is it correct that there you state bachelor of general science in mathematics and business administration, University of Alabama, Alabama Dash, Birmingham, Alabama comma 2024. Did I read that correctly?
Jeff Lewis
You did read that correctly. And this was filed in 2023.
Jason Monahan
In new motion, the prosecution is looking to avoid a similar situation, saying it wasn't provided with certain documents ahead of time. The motion reads, quote, the effort of providing documents as a witness is being confronted with documents is improper trial by ambush, a violation of Rule 14 and creates needless delay in objections, unnecessary sidebars, and a waste of time for the jury. Michael, prosecution have a point?
Michael Coyne
Not here. I think on the Rule 14 violations, generally, they're right. They shouldn't be trialed by ambush. They should disclose this. This one is a little different. They should have known what was out there with respect to his resume and qualifications. Blaming the defendant at this point, to me is not appropriate. They should have figured this out beforehand. They're the ones that picked the witness.
Jeff Lewis
Sue, it does seem like an attempt at saving face for the prosecution.
Sue O'Connell
Yeah. No, absolutely.
Jason Monahan
Or for Mr. Burgess. Yeah.
Jeff Lewis
Or that. Yeah.
Sue O'Connell
I mean, I hate to project onto the jury, but I imagine there's a couple of people on this jury who hire people. I could tell by the way they were paying attention to this LinkedIn information. So, you know, it's again, it's another little check off a box of something that people might have a doubt about.
Jeff Lewis
I remember you said there was a little grimace from some of the jury members who ordinarily are so stoic. So you know that this one left.
Sue O'Connell
An impression on your LinkedIn profile.
Jeff Lewis
Sue O' Connell, Michael Coyne, thank you very much for joining us once again. If you have questions about this case, keep them coming our way. The email address is on your screen. Canton confidentialbcuni.com we'll answer as many questions as we can.
Jason Monahan
And remember to join us every weeknight at 7 on NBC 10 Boston. We'll have a full recap of the latest developments from court, as well as legal analysis. Plus, this week's episodes will be streaming on Peacock starting Sunday. You're watching Canton Confidential, the Karen Reed murder trial.
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Summary of Podcast Episode: "Showdown after Prosecution's Major Crash Reconstruction"
Podcast Information:
In the episode titled "Showdown after Prosecution's Major Crash Reconstruction," NBC10 Boston delves deep into the second full day of testimony in the Karen Read murder trial. The focus centers on the prosecution’s key witness, Dr. Judson Welcher, and the defense’s strategic cross-examination aimed at discrediting his findings regarding the fatal collision involving Officer John O'Keefe.
The prosecution presented a significant crash reconstruction theory asserting that Karen Read's SUV collided with Officer John O'Keefe, leading to his death. Dr. Judson Welcher, a pivotal expert witness for the prosecution, provided detailed analyses supporting this theory.
Welcher's testimony included simulations and scientific data asserting that the injuries sustained by Officer O'Keefe were consistent with being struck by a vehicle identical to Karen Read's Lexus.
The defense, led by Attorney Robert Alessi, conducted an extensive cross-examination of Dr. Welcher to undermine the prosecution's case. Alessi focused on highlighting gaps and potential biases in Welcher's methodology.
Key areas targeted included the age of the data used in Welcher’s analysis and the lack of specific information about the collision's dynamics, such as the exact body position of Officer O'Keefe at the time of impact.
Alessi also questioned the validity of the "blue paint test," a simulation performed by Welcher's firm, Aperture:
Before testimony commenced, Judge Kanone issued a critical ruling limiting Dr. Welcher's testimony:
This ruling effectively restricted Welcher from making a definitive connection between the vehicles, emphasizing the jury's role in drawing ultimate conclusions.
NBC10 Boston’s legal experts provided in-depth analysis on the effectiveness of the defense’s cross-examination and the potential impact of Welcher’s testimony:
Glenn Jones (09:09): “I don't think this was Alessi's best day. ... He got so caught up in the weeds and in that complicated engineering thing.”
Michael Coyne (07:16): “He was just as strong as the Commonwealth needed him to be and stood up fairly well on cross.”
Coyne noted that despite the rigorous cross-examination, Welcher maintained the integrity of his findings, reinforcing the prosecution’s narrative.
A significant point of contention arose regarding the financial arrangements of Aperture, Welcher's firm, in purchasing a replica of Karen Read's Lexus for crash simulations:
Dr. Welcher (20:58): “We paid for the Lexus. ... we’re selling it and charging the commonwealth the difference in the price.”
Michael Coyne (21:36): “It is very unusual, highly unusual for the government to have spent so much money purchasing a $60,000 plus Lexus and then putting it through all of these extensive tests.”
The defense attempted to question the propriety of Aperture’s expenses, suggesting potential biases due to financial incentives. However, both prosecution and defense analysts largely dismissed these concerns as standard operational costs, albeit unusually high.
Judge Kanone’s ruling curtailed Welcher from making direct statements linking the collision to Karen Read and Officer O'Keefe. This decision aimed to preserve the jury's role in determining the case's outcome without overstepping judicial boundaries.
Legal experts debated the appropriateness of the ruling, with general consensus affirming the judge's discretion:
As the trial progresses, the defense plans to introduce their expert witnesses from ARCA, aiming to refute the prosecution’s crash reconstruction theory. These experts, Doctors Daniel Wolf and Andrew Rentschler, will present alternative analyses suggesting that Officer O'Keefe's injuries were inconsistent with being struck by a vehicle.
Despite the defense's attempts to undermine Welcher’s credibility, the prosecution remains confident in their case, emphasizing the scientific and physical evidence that ties the collision to Karen Read’s vehicle.
The episode concludes by highlighting the ongoing battle of expert testimonies, with both sides preparing to present compelling scientific evidence. The next phases of the trial are expected to intensify as defense experts challenge the prosecution's reconstruction, potentially swaying the jury's perception of the case.
Listeners are encouraged to stay tuned for further developments and expert analyses in subsequent episodes of "Canton Confidential."
Notable Quotes:
Dr. Judson Welcher (02:16): “Or a impact with Mr. John O' Keefe. It is consistent with the collision.”
Robert Alessi (04:21): “Are you aware that the currently understood most common injuries as a result of pedestrian motor vehicle collisions are injuries to the lower extremities?”
Judge Kanone (12:37): “... he may not testify that Ms. Reed's Lexus collided with Mr. O' Keefe because that conclusion is not based on the application of reliable scientific methodology.”
Michael Coyne (20:04): “If she's convicted, it'll be based on her statements and the science that's now been tied together.”
Final Notes:
This episode of "The Karen Read Murder Trial: Canton Confidential" provides an in-depth look into the pivotal moments of Dr. Welcher's testimony and the defense's strategic attempts to challenge the prosecution's case. With high-stakes legal maneuvers and expert analyses, the trial remains a compelling narrative for listeners seeking comprehensive coverage of this high-profile case.