Judge Beverly Cannone denied the motion Tuesday, demanding that key defense experts be blocked from testifying in defense of Karen retrial in the murder of her Boston police boyfriend John O'Keefe.
Cannone said the ARCCA collapsed and the defense attorneys were among the experts who rebuilded the company and missed the discovery deadline.
"I fully understand the Commonwealth argument that the ambush is set here," she said. "But the defendant's right to just trial is crucial to everything. So I will allow the ARCCA witness to testify. What I will allow for a very powerful cross-examination I expect."
Tuesday marks a week since the opening statement, but experts are expected to report more than two weeks after the trial begins until May 7. Special Attorney Hank Brennan said it was unfair to the country, but the shells denied his motion to prevent experts from testifying.
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Karen read during the murder case at Norfolk Chore Court in Dedham, Massachusetts on April 29, 2025. (Libby O'Neill/Boston Herald via AP, Swimming Pool)
ARCCA experts are expected to strengthen defense claims that Read SUV has never collided with O'Keefe.
Read was charged with murder, manslaughter and fled the scene after he allegedly farmed him with Lexus and took off, killing him in a snowstorm. She pleaded not guilty.
Her first trial ended last year at a deadlock.
Karen Read and John O'Keefe (Karen Read)
Earlier in the day, O'Keefe's friend Jennifer McCabe was with him the night before his death, when she found him in a Nor'easter at six o'clock in the snow, he testified with his friendship with O'Keefe and the day before his death. She is expected to return to the stands on Wednesday.
Tuesday also saw testimony from digital forensics expert Ian Whiffin, who checked the phone calls of O'Keefe and McCabe.
According to location data, O'Keefe could have testified on the early morning of January 29, 2022, digital forensic expert Ian Whiffin was cross-examination by defense attorney Robert Alessi.
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Cellebrite's digital intelligence expert Ian Whiffin proved the defense's cross-examination in the April 29, 2025 murder in the Karen Read Superior Court in Norfolk, Didem, Massachusetts. (Libby O'Neill/Boston Herald via AP, Swimming Pool)
But considering many other factors, including Apple Health data, phone battery temperature and the feature of "Doppler" related to facing ID activity, his experts believe that O'Keefe stopped near the flagpole on the front lawn and moved between about 12:30 AM and 6 AM
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In a key exchange, Alessi asked Whiffin about his graph, which included in its reported data, which has not been shown to jurors, as part of the prosecutor's timeline that lasts until Monday.
Radius' potential location shows that O'Keefe's phone call may have been in the Fairview Road house the night of his death.
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Defense attorney Robert Alessi cross-examined Ian Whiffin, a digital intelligence expert at Cellebrite, during a retrial of the murder case in Karen Read on April 29, 2025. (Libby O'Neill/Boston Herald via AP, Swimming Pool)
"So, according to your report, John O'Keeffe's phone might be in the room over the next few hours, right?" Alicia asked.
"Yes, yes, yes," Whiffin said.
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He said separately that more and more photos narrowed him down.
Alessi also questioned Whiffin, a test that puts the phone in the freezer and outside in December, which showed a higher drop in temperature than recorded on O'Keefe phones on January 29, 2022. However, Brennan noted that O'Keefe's body was believed to be on a cell phone in the cold.
Special Attorney Hank Brennan asked a question on April 28, 2025 at Ian Wiffin, a digital intelligence expert in Cellebrite. (PAT Greenhouse/Boston Globe via AP, swimming pool)
Whiffin also testified that McCabe searched for the phrase “hos(sic) died in the cold for a long time”, which happened at 6:23 a.m. - after the discovery of O'Keeffe - rather than as the defense said, rather than at 2:27 a.m.
He demonstrated in court, showing how the cell phone's database file gives an incorrect timestamp in Google searches.
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Whiffin testified that the 2:27 timestamp is related to the time McCabe opened a new tab in his phone's internet browser. But no search was conducted at that time. Instead, searching takes place in the same tab after a few hours. His testimony supports the prosecutor's timeline.
The trial is expected to take six to eight weeks. Tuesday marked the first full week since the opening statement began on April 22.
Whiffin defended his timestamp findings and changes in the Cellebrite software, noting that if he was wrong, other forensic scientists would discover it and promote their findings.
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He also pointed to a similar case in Europe, where he said it involved the same browser tag Timestamp differences and resolved in the same way.