Those of us who sat through the interminable first trial of Karen Read had some tempered hope when an outsider, defense attorney Hank Brennan, was brought into for this retrial. That this newly appointed special ADA would look through the evidence and ask Michael Morrissey WTF he was thinking when he brought charges against Karen. Or, at minimum, recognize the overreach of the second degree murder charge. These hopes were dashed when Brennan switched from wanting a fair trial for Karen to wanting one for the Commonwealth of MA (CW).* He seemed determined to dig deeply into the federal investigation of the investigation of the death of Officer John O'Keefe but not in the direction that those of us on the FKR side hoped he would. He completely ignored the exculpatory information provided by the feds in a 3000+ page Touhey report. Instead it seems he did his level best to figure out what the government had on the Norfolk County DA's Office (NCDAO). When he failed at that, he attempted to discredit the defense in as dirty a way as possible: Make it look like they were colluding with the FBI or, at the very least, their experts from ARCCA who opined that John was not hit by Karen's car and Karen's car was not damaged by hitting John.
Did I mention that Hank Brennan was on the team that unsuccessfully defended James "Whitey" Bulger, infamous Irish mob boss and murderer? And that he cried at his funeral? I personally did not know this when he was first appointed but it makes sense now. Who better to defend the NCDAO than a mob lawyer? That's how those in the know were describing him from the beginning. I though that nobody could be worse than DA Michael Morrissey and his corrupt crew: ADA Adam Lally & ADA Laura McLaughlin. Boy was I wrong! Lally mumble fumbled his way through the first trial, using "what if any" so many times I wanted to smack my head into my keyboard. Droning on about the snow and high top tables and shoveling aprons until I thought my ears were gonna bleed. Then along came Hank Brennan and his incessant whining. Suddenly, I missed Lally, which I didn't think would ever be possible. Speaking of, has anybody else noticed that Lally turned into a real prosecutor under Hank's tutelage? Suddenly he's loud, clear and concise with his questioning although he's been relegated to the most minor and most boring of witnesses.
Brennan has been running this trial like a defense attorney trying to trip up witnesses during cross examination. In other words, his presentation does not seem to be linear (what follows is not necessarily in order): EMS first responders, Kerry Roberts, more EMS first responders, Sara Levinson (who was inside 24 Fairview that night), Ian Wiffen & Jessica Hyde (the CW's two cell phone experts), Jennifer McCabe, retired Canton police dept. Sgt. Paul Gallagher (who arrived after John O'Keefe was transported to the hospital), Yuri Bukhenik (lead investigator Michael Proctor's supervisor and partner). Oh, and the two passangers of the vehicle that arrived and left 34 Fairview during the time Karen Read was outside in her Lexus waiting to hear from John O'Keefe (but not the driver for whatever reason). MST Nicholas Guarino also took the stand a few times to enter John's & Karen's cell phone evidence. Notably absent were any police officers that first responded to the scene, the lead investigator and the medical examiner, all of which are generally standard witnesses in a criminal case.
Jen McCabe, an early witness in this retrial, received a glow up from the last trial. She mostly remained cool, calm and collected during her 3 days of testimony. She and most of the EMS personnel that testified earnestly stated that their memories have gotten better over time. You would think that people even tangentially involved in law enforcement would know that this is patently untrue. However, I guess it's as true as Trooper Paul's grasp on physics in his "accident reconstruction" for the last trial that had poor officer John O'Keefe bouncing off of his head and pirouetting onto the lawn of 34 Fairview on that fateful morning. Hopefully their new expert, Dr. Welcher of Aperture, has a more cogent argument.
A bunch of physical evidence has been presented but there doesn't seem to be any logs attesting to their provenance. Plainly said, there doesn't seem to be any chain of custody on anything. The scene at 34 Fairview was left unsupervised from before 8 am until after 4 pm that day. John's clothing was discovered on the hospital floor (which makes sense), loaded into a paper lawn & leaf size bag by Bukhenik and Proctor, rode around in their car most of the day, then laid out on butcher paper at the NCDAO. It was logged into evidence six weeks later and two pieces were ensconced in plexiglass between the first and second trial. John's shoes, one of which was found at the hospital with the other found on the lawn of 34 Fairview, both seemed to end up in property bags identifying the latter location. A recess was called to address the problem then, magically, the second shoe was pulled out of a bag that said it was from the hospital. It also seems that Proctor just filled out evidence bags with either his or Bukhenik's names as he saw fit. There were no crime scene services (CSS) photos of the 47 pieces of tail light that "revealed themselves" over a good 3 weeks. A bunch had no pics at all. There was no sketch made of what was found where at the crime scene. It was never even established exactly where John O'Keefe was found, much less orientation or any kind of measurements.
This case is an absolute clusterfuck and, so far, the prosecution has not proven a damn thing, IMO. We're over 3 weeks in and the jury has not heard what John's actual cause of death was determined to be. In this way, Brennan's bunny hop approach resembles Lally's slogfest in trial 1. Emily D. Baker has some excellent daily briefs if you want to follow along.
Remember: The truth does not change. Data doesn't lie, people do! FREE KAREN READ
*The US constitution only guarantees a fair trial for those accused of crimes not for the bodies accusing them.
