The Emily Show

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Mistrial Motion. Misleading Questions. Voir Dire and a disjointed day in court | Case Brief Jun 10, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/_U9Gv2ielto

Day 29 of the Karen Read Retrial happened on June 9, 2025. On week 8 of the trial, will the jury get the case this week to deliberate?

Special Prosecutor, Hanke Brennan, asks Dr. Wolfe, the Director of Accident Reconstruction at ARCCA, about the appearance of holes on the back of Mr. O'Keefe's hoodie and whether these holes are consistent with road rash or other damage. He asked him if he'd ever consider if Mr. O'Keefe may have fallen or landed on his back. Dr. Wolf stated he did not consider whether Mr. O'Keefe had fallen or landed on his back.

Defense Attorney, Robert Alessi, asked for a Mistrial with Prejudice due to Intentional Misconduct by the prosecution regarding questioning about the hoodie and its damage. The defense argued the prosecution intentionally left out evidence about the holes on the back of the hoodie being clippings from the crime lab. The judge did not grant a mistrial but agreed to instructed the jury to disregard the questions and give a strong admonishment about the prosecution. When it came time to it, the Judge did not give a strong admonishment or admit the pictures into evidence. At the end of the day, the defense said that they will address this the following day.

A Voir Dire of Dr. Laposata was conducted and Judge Cannone ruled she cannot testify that the wounds on John O'Keefe's arm were from a dog, but she will be able to testify about the original opinions about the cause and manner of death. Direct Examination continues on Day 30.

RESOURCES

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

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ARCCA Accident Reconstruction. Did a thrown glass break the taillight? | Case Brief Jun 07, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/fyEtt02zOn8

Day 28 of the Karen Read Retrial happened on June 6, 2025. Karen Read spoke to the media and suggested the case might go to the jury the following week. The judge denied the motion to have police procedure expert Michael Easter testify.

Today we were all day with Dr. Daniel Wolfe, Direct of Accident Reconstruction at ARCCA. He tests conducted using a pressurized air cannon to fire a drinking glass at a car's tail light to simulate damage. ARCCA also purchased an "exemplar vehicle," a 2021 LX 570, to test damage to the tail light. ARCCA conducted tests to rebut Dr. Welcher's testimony. They tested to see if damage from a thrown rocks glass matched the damage to Karen Read's tail light, and compared that to damage from collisions with a test dummy arm and Resource Randy, a full body dummy. Tests were conducted using a crash test dummy with a hoodie similar to John O'Keefe's, and none of the tests damaged the hoodie. The most helpful part of Dr. Wolf's testimony was explaining the inner and outer plastic layers of the tail light, which helped understand the depth of the damage.

RESOURCES

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Ford Escape at 34 Fairview? Plow Driver Brian Loughran & Karina Kolokithas | Case Brief Jun 05, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/-SN-jb2bT-0

Day 27 of the Karen Read Retrial happened on June 4, 2025. When prosecution's usually focus on making a case clearer, in this case, the prosecution's strategy seems to be to muddy the evidence.

Brian Loughran, a snow plow driver, said he saw a Ford Edge parked on the street going up Fairview around 3-4am. There's a procedure to call in vehicles parked on the street during snow removal, but he did not do so. While Special Prosecutor, Hank Brennan, did the cross-examination, he focused on online activity, specifically about a blogger talking about him. He stated he knew someone was talking about him online, but he didn't feel threatened or harassed. He also mentioned that his wife had recently passed, and he wasn't paying attention to online activity.

Karina Kolokithas, a friend of John and Karen who was at the Waterfall Bar, spoke about how everyone was in a celebratory mood and having a good time. John O'Keefe was described as being "over the moon excited" for his niece and her future. She also mentioned that John and Karen were "sweet with one another." She talked to Karen Read for more than 50 minutes and noted that Karen was drinking water all night. She did not perceive Karen Read to be intoxicated. This point was highlighted as potentially persuasive for the jury regarding Karen Read's level of intoxication. Her testimony about the jovial evening was contrasted with the defense's presentation of the waterfall video, which focused on the interactions between Brian Higgins, Brian Albert, and Chris Albert, suggesting potential doubt about the overall mood of the evening.

RESOURCES

Retrial Day 25 - https://www.youtube.com/watch?v=agSsaDTCZJc

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Defense Demands a Mistrial! No Dog DNA!? The Taillight: Cracked or Damaged? | Case Brief Jun 04, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/VaZWKV-xJkQ

Day 26 of the Karen Read Retrial happened on June 3, 2025. Dr. Marie Russell, the defense's dog bite expert, is on the stand for cross-examination. There's discussion about Karen Read's statements and whether they changed Dr. Russell's opinion. Dr. Russell states that Read's statements did not change her analysis, citing Read's stressful state and potential acute grief reaction.

The defense moves for a mistrial with prejudice due to the prosecution bringing up DNA in front of the jury, which is ultimately denied. Dr. Russell's redirect involves questions about why DNA results not showing dog DNA didn't change her opinion, and discussions of medical journal articles regarding dog bites.

Sgt. Nicholas Barros, a Dighton Police Officer, testifies about observing damage to the tail light of Karen Read's SUV. He describes a crack and a missing piece instead of the majority of it gone. Special Prosecutor, Hank Brennan, cross-examines Barros, focusing on inconsistencies in his testimony and report, his meeting with defense attorneys, and the condition of the tail light being potentially obscured by snow. There's a discussion about photos of the tail light and discrepancies in the damage shown, and how his memory of the damage might have been affected by seeing various videos and photos of the vehicle after the initial observation.

RESOURCES

First Trial Day 22 - https://youtube.com/live/_Z1DhJDQj5Y

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Proctor's Texts. Who was in the Sallyport with Read's SUV? False Memory? Dr. Russell testifies. | Case Brief Jun 03, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/agSsaDTCZJc

Day 25 of the Karen Read Retrial happened on June 2, 2025. During week seven of the trial, the defense is currently presenting its case, and they are keeping in mind that the prosecution will have rebuttal witnesses.

Judge Cannone allowed Former Trooper Michael Proctor's texts to be admitted into evidence while being read by his childhood friend, Jonathan Diamandis. When the texts messages began to get really egregious, the witness didn't feel comfortable reading it allowed so Special Prosecutor, Hank Brennan, read them allowed while the witness confirmed what was said. This didn't offer for the truth of the matter but instead, focusing on his state of mind and potential bias in the investigation.

A key witness, Kelly Dever, a former Canton police officer, testified about seeing Chief Burkowitz and Brian Higgins with Karen Reed's SUV for a long time the night of John O'Keefe's death. She later claimed this was a false memory influenced by a timeline. She also mentioned being interviewed by the FBI and being threatened with perjury by the defense team.

Dr. Marie Russell, a dog bite expert, discussed John O'Keefe's injuries to his right arm. Dr. Russell believes the injuries are consistent with a dog attack and not with a motor vehicle accident. The cross-examination of Dr. Russell is ongoing, focusing on her expertise, marketing, and opinions. Cross examination will continue on Day 26!

RESOURCES

Latest Emily Show Episode - https://www.youtube.com/watch?v=N4hWb8uQjsI

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Read Defense Won’t Call Proctor? Diddy Trial. Tom Girardi Sentencing | The Emily Show Jun 02, 2025

Show notes

Emily unpacks the prosecution’s latest moves, including detailed witness testimony from former associates of Sean “Diddy” Combs. These testimonies describe alleged racketeering, coercion, and disturbing claims about Diddy’s influence over law enforcement. Emily explains what the government is trying to prove, how these allegations could support a broader conspiracy charge, and what this means for the future of the case.

Tom Girardi Sentencing - The disgraced former attorney is facing sentencing for stealing from his clients, with a new court date set for June 3rd. Emily walks through what’s at stake, how the court is approaching his health and legal status, and why this case continues to shake the legal industry.

The Chrisley Case and Comeback? After convictions for tax evasion and bank fraud, the Chrisleys received a high-profile pardon from President Trump. Now, they’re reportedly planning a new reality show about their legal journey. Emily explains the legal timeline, the public reaction, and what we might expect from their next chapter—both in court and on-screen.

Karen Read Trial | The Proctor Problem - The episode then shifts back to the Karen Read trial, now in its seventh week. Emily dives deep into the growing controversy around former lead investigator Michael Proctor, whose text messages have raised serious concerns about bias and misconduct. She explains the complex legal arguments about whether those texts can be admitted as evidence, the defense’s surprise move to not call Proctor as a witness (for now), and the strategic risks involved.

RESOURCES Previous Podcast Episode - https://www.youtube.com/watch?v=IAF8jCkNKn4

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Defense Case Starts and they don't want to call Proctor | Case Brief May 31, 2025

Show notes

Defense Case Starts and they don't want to call Proctor | Case Brief

Watch the full coverage of the live stream on @TheEmilyDBaker YouTube channel: https://www.youtube.com/live/0Coi3nBtXcQ?si=5VFXwAl2xxgxxDpB

Day 24 of the Karen Read retrial focuses on the defense's case and a motion to dismiss. Initially, the motion to dismiss is discussed, highlighting how it is generally denied unless there's a complete lack of evidence. The court typically favors the prosecution's evidence for this motion.

The defense then presents its first witness, a tech expert and accident reconstructionist, who analyzes reports from Burgess and Welchure. The expert discusses the timing of the text stream event (1162-2), the backing event of Karen Read's vehicle, and John O'Keefe's phone time. He simplifies complex slides and presents 30 different timing possibilities between the Lexus text stream time and O'Keefe's phone. He points out that three of these possibilities show the text stream event ending after O'Keefe's phone's last manual button click.

The expert also addresses whether Karen Read's car ever registered a collision in its data, concluding there was no registration of a collision during relevant trigger events. Cross-examination by Brennan explores the expert's reliance on others' data and whether the Lexus ever registered a collision before. It is clarified that the system is geared toward vehicle-to-vehicle collisions, not vehicle-to-pedestrian ones.

Further discussion includes a second chip-off procedure and an SD card found with date and time information, clarifying the timing of key cycles. Brennan’s cross-examination also focuses on a chart of infotainment calls and the expert’s understanding and assumptions about the data. The discussion highlights that the expert agrees the closest points in time to the 11622 event, specifically the three-point turn maneuver, are the most reliable for syncing the clocks.

The day ends with discussion about Michael Proctor's text threads and the defense's attempt to authenticate them without calling Proctor as a witness. The Commonwealth argues Proctor needs to be called for cross-examination. The judge reserves a ruling on this matter.

RESOURCES What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Will Karen Read regret this interview? Commonwealth Rests. Who will Defense Call first? | Case Brief May 30, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/NqdL0Oq7uMA

Day 23 of the Karen Read Retrial happened on May 29, 2025. Judge Cannone ruled against allowing the defense to question Dr. Welcher further about Trooper Paul and Dr. Irini Scordi-Bello. The definition of "rely" and its implications in questioning witnesses were discussed. Dr. Welcher remained on the stand for the duration of the half-day session. The defense was allowed to cross-examine the Commonwealth's new accident reconstruction expert about what they relied on from the previous expert, but not necessarily all of their opinions. The defense would have to call Trooper Paul themselves.

Dr. Welcher was questioned about the suspension system and height variance of the Lexus were discussed, the 3D modeling process, and about the glass on the bumper that the expert's assumptions was that it was inclusive. Cross-examination concluded after the morning break.

The Commonwealth rested its case, and the Defense will argue their motion to dismiss on Day 24 and call their first witness, their tech expert, Matthew DiSogra.

RESOURCES

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Cross Of Accident Reconstruction Expert Dr. Welcher Begins | Case Brief May 29, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/IduAs7XWVEU

Day 22 of the Karen Read Retrial happened on May 28, 2025. After a brief Direct Examination by Special Prosecutor, Hank Brennan, of their Accident Reconstructionist, Dr. Welcher, Cross Examination took up the whole day and will continue on Day 23.

Defense Attorney, Robert Alessi, ross-examination was rigorous and focused on challenging the credibility, methodology, and conclusions of the Commonwealth's expert witness. Dr. Welcher was repeatedly admonished by the court for looking at his computer and searching for information during the cross-examination, rather than answering directly from memory.

Alessi questioned Dr. Welchre about the significant amount his firm, Aperture, was being paid by the Norfolk County District Attorney's Office ($325,000), and the details surrounding the purchase and sale of a Lexus exemplar for testing. The defense sought to highlight potential bias due to financial incentives.

Alessi challenged inconsistencies in Dr. Welchre's testimony, such as the distance the Lexus traveled in reverse during a test (initially said to be 53 feet, then 87 feet), and the explanation of the 8 mph threshold for tail light breakage.

Alessi delved into Dr. Welcher's use of data and images from Trooper Paul's report, questioning the extent to which Dr. Welcher relied on that information in his analysis. There was a dispute about a drone image and other diagrams, leading to a "Voir dire" (examination outside the presence of the jury) to clarify the sources of these materials.

The voir dire aimed to clarify the sources of Dr. Welcher's materials and to determine the extent to which he relied on Trooper Paul's report or other evidence. It highlighted the defense's effort to question the independence of Dr. Welcher's analysis and the Commonwealth's attempt to defend it. The voir dire concluded with plans to continue the cross-examination the following day, with the understanding that time was limited due to a juror's scheduling issue.

RESOURCES

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Last Witness? Prosecution Accident Reconstruction Expert Testifies | Case Brief May 28, 2025

Show notes

Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/3DAtOqbCSh0

Day 21 of the Karen Read Retrial happened on May 27, 2025. Week six of evidence included a voir dire of Dr. Welcher, the Commonwealth's accident reconstructionist. Concerns were raised about updated slides and changes to the presentation at the direction of Special Prosecutor, Hank Brennan, without informing the defense. Dr. Welcher also mentioned being "inundated" with emails about issues with Burgess' CV but he was told by the court not to read or discuss them.

The accident reconstructionist focused on the "trigger event," during a three point turn and its connection to Ian Whiffin's last point of contact. There was also discussion of variance, the three-point turn of the Lexus, and the backing event. Dr. Welcher analyzed the Lexus's tech stream data, which records data before and after a trigger event, such as reversing and accelerating. The data showed the backing event occurred about 8 minutes after the three-point turn. There are discrepancies and confusing aspects of Dr. Welcher's testimony and PowerPoint slides.

He also revealed that the Lexus's tires were spinning and slipping during the backing event, and the car traveled a total of 87 feet. Dr. Welcher ultimately concluded that the Lexus struck John O'Keefe, which led to objections and a sidebar discussion. Dr. Dr. Welcher struggled to provide exact details, such as the point of impact or speed, and that many of his findings showed “results that were all over the map”. He also mentions he is only certain that damage to Karen Read's tail light didn't come from John O'Keefe's Chevy.

Though this expert's testimony was tedious and disorganized, it did provided many areas doubt which is a win for the defense. Direct Examination will continue on Day 22.

RESOURCES

What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ

Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo

Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS

This podcast uses the following third-party services for analysis:
Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/
Podscribe - https://podscribe.com/privacy

Learn more about your ad choices. Visit podcastchoices.com/adchoices

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