DEDHAM, Mass. (WJAR) — Judge Beverly Cannone ruled Tuesday that she will allow crash reconstruction experts from ARCCA to testify in the Karen Read murder trial.
Their apperance had been at the center of dispute between prosecutors and the defense.
Cannone’s ruling came at the end of a day that saw a digital forensic expert finish his testimony and a key witness begin hers.
Jennifer McCabe described the moment that she saw O’ Keefe’s body on the lawn at 34 Fairview Road in Canton.
A Google search on her phone has become controversial in this case.
McCabe said she woke up Jan. 29, 2022, to someone yelling on the phone.
“Jen, Jen,” McCabe testified.
Read, who is accused of backing into O’Keefe and leaving him to die in the snow, was on the other end.
“They had gotten into a fight. She had left him there and he didn’t come home,” McCabe testified.
McCabe was also at the Waterfall Bar and Grille in Canton. She testified that she remembered she saw Read’s SUV outside 34 Fairview Road hours earlier.
A group headed to that house after a night of drinking.
“I was expecting John and Karen to come into the house,” McCabe said on the stand.
“Did they ever make it in the house?” special prosecutor Hank Brennan asked.
“No, they did not,” McCabe answered.
McCabe said Read showed up at her door before a group went to look for O’Keefe.
“Could I have hit him? Did I hit him?'” McCabe testified Read said.
McCabe recalled the moments she saw O’Keefe on the lawn.
“I was literally just stunned. I mean, there he was,” McCabe testified.
“I was like, all right I’m going to call 911, but I think I knew in that moment that John was dead,” she testified.
McCabe is expected to be back on the stand Wednesday for more testimony.
Earlier Tuesday, a forensics expert returned for cross-examination about the time of McCabe’s “hos long to die in cold” search, apparently a typo for “how.”
Ian Whiffin said it was hours after 2:27 a.m.
But he said under questioning that he did not know the chain of custody of McCabe’s iPhone.
The defense also showed the jury a new diagram of O’Keefe’s phone location data.
Read’s attorneys claim someone else at the party is responsible for the death.
“According to your report, the phone of John O’Keefe could be in the house, correct?” defense attorney Robert Alessi asked.
“Based on the low-accuracy information, yes,” Whiffin answered.
A mistrial was declared last year after jurors said they were at an impasse. Read’s second trial on charges of second-degree murder, manslaughter and leaving the scene, began April 22.
The U.S. Supreme Court refused to get involved, rejecting her double-jeopardy appeal.
NBC 10 News will provide complete streaming coverage of the trial on turnto10.com, the NBC 10 WJAR YouTube channel, and the NBC 10 Facebook page.
The Associated Press contributed to this report.