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

The Emily Show

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Entertainment News, True Crime, News

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🗓️ 31 May 2025

⏱️ 35 minutes

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Summary

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

Transcript

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0:00.0	Welcome back. It's time for a case brief, keeping you in the loop with the cases you care about most,
0:03.9	just more briefly. If you want the full coverage, it's linked in the description below. But for now,
0:08.6	let's get into it. Good morning, good morning, good morning, or should I say hear you, hear you, hear you,
0:14.9	for day 24 of the Karen Reed retrial. It is Friday. It's May 29th. And we are getting into the defense case.
0:24.3	But first, the attorneys are going to argue that motion to dismiss that we see at the end of every
0:29.0	prosecution case, or we do unless the defendant's pro pern forgets that that's a thing.
0:34.6	These are generally denied because all of the evidence that's taken in the light most favorable to the prosecution because they're not moving for it. And the standard there is could any reasonable jury on the evidence find the things as charged, find the crimes as charged. And the court, again, will look at the fact that one witness, if believed, can establish
0:57.5	any one fact and if those facts have been established by a witness, if the jury believes that
1:02.7	witness, then can this case go forward? So you really only see these granted when there is no
1:08.1	evidence to a particular fact. And in this case, we do have witnesses.
1:12.9	Again, a lot of you are like, yeah, but I don't rely on that witness. I know you don't have to.
1:20.1	For the purpose of this motion, all of the, could it be this, could it be this, swings in favor of the prosecution. But we're still
1:29.2	going to hear the attorneys argue, we're going to get to hear how they see the evidence at this point.
1:33.8	And I'm curious to see how the prosecution articulates their case because we know how the defense
1:40.0	articulates their case. I think the defense has been very clear in how they articulate the case.
1:44.0	The Commonwealth has not been as clear. And it's changed a bit. I think the defense has been very clear in how they articulate the case. The Commonwealth has not been as clear and it's changed a bit. I think the defense, though their defense
1:50.2	has shifted, it's paired down. The prosecution case has swung more. So we're going to go see that
1:58.5	and then we're going to get into the defense case in chief because today is the day for the defense case in chief and we're going to see the defense calling their tech
2:06.8	expert who's new to this trial first so that's the first thing we're going to do so lonards are you
2:11.9	ready when they went back and downloaded the data from the infotainment the key on was logged in the infotainment as 2148.
2:20.3	So there's the three seconds. That's where they're getting that from.
2:24.3	And that's what he states highlighted in red there. It's a little hard to read, but it basically says the average across four runs.
	...

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