In Karen Read pretrial hearing, prosecution and defense haggle over alleged bite evidence
Prosecutors say
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Chloe, who lived in the home at the time, was later relocated to Vermont, according to prior testimony.
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'I don't see how he can testify that this either was or was not this particular dog,' Cannone said.
Brennan said there's 'definitive evidence' in the expert's opinion to show 'that the dog named Chloe was not the cause of those wounds. That is the whole purpose of having the mold of Chloe. ... The spacing itself is so distinguishable between the molds and the spacing on Mr. O'Keefe's arm. It is an objective, a specific and a substantive basis, to draw a conclusion that there is no way to a degree of certainty that these wounds were caused by Chloe's mouth.'
He said the government expert 'did use a mold, but he didn't use the overlay,' so there 'should be no discussion with regard to Chloe on inclusion [as the wound source] or exclusion basis.'
Cannone took the matter under advisement but told Brennan, 'it's an uphill battle for you, I'll tell you that.'
Read's
Both sides also locked horns Wednesday on whether defense experts from
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The analysts were initially retained by the Justice Department which
In February 2024, ARCCA
Read attorney Alan Jackson said the federal government gave the defense permission only late last month to independently retain the experts, and that the defense will turn over any new reports they produce to prosecutors immediately.
'This is the very issue I've been concerned about since the beginning of this case,' said Brennan, who joined the prosecution last fall, his voice slightly raised.
He said prosecutors still don't believe they have 'full disclosure' of the ARCCA witnesses' relationship with the defense.
At the first trial, they told jurors the defense hadn't paid them, but in discovery for the retrial, it emerged that the witnesses billed the defense for about $23,000 following the mistrial.
Jackson accused Brennan of exhibiting 'feigned indignation' about the witnesses on Wednesday. He also noted that Cannone 'hadn't ruled that we could even use ARCCA until just a few weeks ago.'
Cannone also spoke at sidebar Wednesday with
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She spoke with the two to ascertain whether Kearney, if called as a witness in Read's case, would assert his Fifth Amendment right against self-incrimination. If so, he would be exempt from a sequestration order keeping most named witnesses outside the courtroom when they're not testifying.
'I find ... that he does have a valid Fifth Amendment right,' Cannone said following the sidebar conference. 'I find that there's a valid basis for him to invoke that Fifth Amendment privilege, and I find that if he were called to testify, he would in fact invoke that Fifth Amendment privilege. So based on that, he will be exempt from the sequestration order,' except for when the witnesses he allegedly intimidated are testifying.
Opening statements are scheduled for Tuesday of next week.
'All right, thank you all,' Cannone said as Wednesday's hearing drew to a close. 'We'll see you Tuesday.'
Material from prior Globe stories was used in this report. This story will be updated.
Travis Andersen can be reached at
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