DEDHAM, Mass. — Fireworks in court on Monday as the judge in Karen Read’s murder retrial denied her lawyers demand for a mistrial after the prosecution admitted to making a “mistake” while cross-examining a key witness in the case.
Defense attorney Robert Alessi got animated in the courtroom after Special Prosecutor Hank Brennan showed a hoodie to Dr. Daniel Wolfe, a crash reconstructionist from ARCCA.
The hoodie had several holes in it and was the same one John O’Keefe wore the night he was killed.
“Do you see more than one hole on the back of Mr. O’Keefe’s sweatshirt?” Brennan asked.
Read’s lawyers argued the prosecution held up the hoodie and failed to show the defense the back of the sweatshirt after showing it to the jury.
“The defense moves for a mistrial,” Alessi demanded. “What could be more misleading than that?...This is on the key issue of this case, whether there was any collision at all.”
Brennan said he made a mistake. A Massachusetts State Police criminalist cut the back of the hoodie to test it.
Judge Beverly Cannone refused to grant a mistrial, instead telling the jury the holes are not evidence.
Outside of court, Karen Read said the holes in the hoodie “were entirely misrepresented by the prosecutor.”
Dr. Elizabeth Laposata, a medical examiner who specializes in forensic pathology, also testified Monday that O’Keefe’s injuries are consistent with a fall backward.
Read’s attorney Alan Jackson asked about the cut on O’Keefe’s forehead.
“Do you have an opinion of what that laceration might be consistent with?” Jackson asked.
“Some application of force broke the skin,” Laposata said.
“Could that be from an object?” Jackson asked.
“Possible?” Laposata responded.
“Could it be from a fist?” Jackson asked, which the prosecution objected to.
Judge Cannone ruled Laposata is not qualified to say whether she believes the wounds to O’Keefe’s arm are from dog bites.
That decision was made right before the doctor took the stand.
Laposata’s testimony will resume on Tuesday.
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