DEDHAM, MASS. (WHDH) - In the first trial, two of Karen Read’s accident reconstruction experts concluded her boyfriend, John O’Keefe, did not die after being hit by her Lexus as the state claims.
“You can’t deny the science and the physics as to what would have happened if he was struck by the vehicle,” said ARCCA Biomechanics Expert Andrew Rentschler in the first trial.
The two experts work for a company called ARCCA and were originally hired by the Department of Justice as part of a federal probe of the Karen Read investigation, which is now closed.
Special Prosecutor Hank Brennan questioned one of the men at a hearing Monday. The jury wasn’t present.
“Did you ever delete texts?” asked Brennan.
“From last year?” responded Daniel Wolfe, Accident Reconstruction Expert.
“Yes,” replied Brennan.
“Yes,” answered Wolfe.
Wolfe admitted he had been communicating with Defense Attorney Alan Jackson. It was revealed Jackson sometimes used “Signal,” an encrypted messaging system, adding to Brennan’s concerns that Jackson has not been forthcoming about the defense’s relationship with these experts.
Brennan discovered Monday about a hundred texts were deleted.
“I’m not gonna save texts from Mr. Jackson, especially now that we’re past a year,” said Wolfe. “I would have no reason to keep those, sir.”
Judge Beverly Cannone noted the destruction of communications between lawyers and witnesses is unethical under the SJC’s rules of professional conduct.
“It is difficult to believe that all of those text messages and all of those phone calls dealt simply with logistics,” said Brennan.
Cannone has also said the defense violated her rules by intentionally withholding important discovery information the commonwealth deserves to see, as it prepares for testimony.
“It’s fundamentally unfair, we should not be placed in a position of cross examining experts without the fair ability to consider and then rebut,” said Brennan on Tuesday.
As one of Read’s lawyers started to make his argument that the witnesses should be allowed to testify, Cannone stopped him in his tracks.
“Mr. Alessi, you know what? You’re going to win this, so why don’t you just let me make my ruling,” said Cannone.
The judge ruled the ARCCA witnesses will be able to testify, not only about their report presented to the feds, but also follow up testing they have done more recently, and Brennan might not get that until the last minute.
“I understand completely the commonwealth’s argument, completely,” said Cannone. “The ambush that has been set upon here, however, a defendant’s right to a fair trial is paramount to everything.”
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