No livestream right now resulting from warmth – NBC Boston

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Protection attorneys in Karen Learn’s second homicide trial introduced in a snowplow driver on Wednesday as they proceed making their argument she was framed for killing her boyfriend, Boston Police Officer John O’Keefe.

Learn, 45, is accused of fatally placing O’Keefe together with her SUV and leaving him to die within the snow outdoors one other officer’s house when she dropped him off at a celebration in January 2022 after the 2 had been consuming. She’s charged with second-degree homicide, manslaughter and leaving the scene outdoors Boston.

Her attorneys say O’Keefe, 46, was crushed inside the house, bitten by a household canine after which left outdoors as a part of a conspiracy by the police that included planting proof towards Learn.

A mistrial was declared final yr and up to now, Learn’s second trial has adopted related contours to the primary.

Is the Karen Learn trial on right now?

After a half day Wednesday, there will likely be no testimony Thursday. Choose Beverly Cannone gave the jury a day without work provided that temperatures might attain 90 levels and operating followers and air conditioners makes it troublesome to listen to within the courtroom.

The trial will resume on Friday, which is predicted to be a full day of testimony.

Snowplow driver says he would not bear in mind seeing a physique

Snowplow driver Brian Loughran, who was on his common route throughout a storm early on Jan. 29, 2022, instructed the protection Wednesday that he “noticed nothing” when he handed by the home a number of hours after O’Keefe was allegedly struck by Learn’s automobile round 12:30 a.m.

O’Keefe was discovered unresponsive outdoors Brian Albert’s house in Canton, Massachusetts, and was later pronounced lifeless at a hospital. An post-mortem discovered O’Keefe died of hypothermia and blunt drive trauma.
Loughran mentioned he handed by the home a number of instances beginning round 2:45 a.m. and will see a number of ft in entrance of him inside his vehicles resulting from its robust lights.

On the second move, Loughran mentioned he did see a automobile parked within the street in entrance of the home. He mentioned he knew Albert and his household, and determined to not report the automobile for violating snowstorm parking restrictions as a courtesy for being a primary responder.

Beneath cross examination, prosecutors tried to undermine Loughran’s reminiscence, saying that the instances he supplied Wednesday contradict his preliminary testimony through the first trial. For instance, prosecutor Hank Brennan identified that Loughran initially mentioned he remembered the road the place O’Keefe was discovered blocked off by first responders round 5:30 a.m. however on Wednesday, Loughran mentioned it was nearer to six:15 a.m.

When Brennan requested if Loughran had a “foggy” reminiscence, Loughran mentioned he didn’t — solely that he had made a mistake.

Brennan additionally requested if Loughran had been threatened by a confrontational blogger often called “Turtleboy” to assist the protection’s case. Aidan Timothy Kearney, who was within the courtroom on Wednesday, has advocated closely in help of Learn’s innocence. He has been charged with harassing, threatening and intimidating witnesses within the case.

Loughran mentioned Kearney by no means threatened him, however the blogger did name him and didn’t disclose he was recording the dialog. The decision was later posted on-line.

Brian Loughran, referred to as by Karen Learn’s protection, mentioned in courtroom Wednesday that he didn’t see John O’Keefe’s physique within the snow as he plowed roads in Canton three years in the past.

What occurred on the Waterfall Bar & Grille?

The second witness taking the stand Thursday was Canton resident Karina Kolokithas, a buddy of O’Keefe’s. She testified about how O’Keefe and Learn appeared affectionate with one another on the Waterfall Bar & Grille on the night time earlier than O’Keefe’s dying.

At one level O’Keefe even kissed Learn on the brow, which Kolokithas mentioned she thought was “the sweetest factor I’ve ever seen.”

A number of clips of surveillance video from the bar had been additionally proven to jurors.

Canine chew professional testifies

The jury has repeatedly been proven images of the gashes and scrapes on O’Keefe’s arms, and noticed them once more on Tuesday.

Prosecutors challenged an evaluation by Dr. Marie Russell, a retired emergency medication doctor, who mentioned the injuries on O’Keefe’s arms had been the results of a canine assault.

Russell testified Monday she has handled tons of of canine assaults and bites over practically 30 years and took an interest within the Learn case after seeing a information report about questions over whether or not O’Keefe was attacked by a canine earlier than he died.

“These a number of groupings are patterns and they’re, in my view, by the tooth and claws of a canine,” Russell mentioned, pointing to a photograph of O’Keefe’s arm. She described the injuries as linear and entering into an analogous course.

Upon leaving courtroom on the finish of the day, Learn briefly addressed reporters and mentioned she thought Russell was “incredible” on the stand.

Large accusations had been made within the Karen Learn trial Tuesday — did they stick? Prosecutors’ questioning of a canine chew professional led the protection to maneuver for a mistrial, citing exercise that was “abhorrent to a good trial,” nevertheless it was finally denied. Then, a Dighton police sergeant testifies {that a} piece of Learn’s now-broken taillight “was intact” when he noticed it, quickly earlier than state police took custody of the automobile.

Our chief authorized analyst explains the arguments behind the mistrial movement and the potential significance behind the taillight discrepancy. Plus, what’s a lacking witness instruction, and why is the protection asking for it on this case?

What makes somebody a canine chew professional?

The prosecution had earlier sought to dam Russell from testifying, questioning her credibility. Though the choose allowed her to take the stand, the prosecution renewed their scrutiny and famous Russell by no means testified earlier than as a canine chew professional and hasn’t taken a canine chew forensics course — nevertheless she mentioned she was uncertain any such certification or coaching existed.

Prosecutor Hank Brennan requested Russell on Tuesday if there was any universally accepted commonplace for figuring out canine bites. Russell mentioned there was not.

Brennan additionally pressed Russell about altering her testimony from saying the injuries had been brought on by “tooth or nails” to particularly naming “canines.”

“While you testified, December 2024, you did not say nails might have induced these wounds, you did not say typically tooth, you mentioned canines,” Brennan mentioned.

“I imagine that’s true,” Russell responded, saying she “turned extra sure” the injuries had been from canine tooth.

Protection request for mistrial denied

The protection crew requested a mistrial Tuesday after the prosecution identified that no canine DNA was discovered on O’Keefe. The protection mentioned there had been no point out within the trial about DNA and the canine chew, and argued that elevating the topic whereas questioning Russell had prejudiced the jury.

“That can’t be reversed. That can’t be cured. That can’t be ameliorated with a jury instruction,” protection legal professional Robert Alessi mentioned whereas the jury was outdoors the courtroom.

Prosecutors waved away the accusation, with Brennan saying, “The protection doesn’t get to choose and select what phrases the Commonwealth can or can’t use.”

After a quick pause, Cannone mentioned the trial might proceed.

Karen Learn’s protection attorneys referred to as for a mistrial on Tuesday, however Choose Beverly Cannone shortly dismissed it.

Dighton police sergeant testifies about damaged taillight

Additionally on Tuesday, Dighton Police Sgt. Nicholas Barros testified about his observations of the tail mild of Learn’s automobile earlier than it was seized from her mother and father’ house on Jan. 29, 2022. He maintained that he noticed injury, however lower than what was mirrored in proof images.

Barros was referred to as in to help the Massachusetts State Police once they got here to Dighton on Jan. 29, 2022. It’s typical that state police would contact the native jurisdiction in these circumstances.

He testified that he was instructed they had been coming to retrieve a automobile that was concerned in a murder investigation in Canton. He was requested to facilitate the towing of the automobile. He remained outdoors within the storage, talking to Learn’s mom, whereas the state police investigators went inside.

He famous injury to the correct rear tail mild of Learn’s SUV, which was parked within the driveway when he arrived.

“It was broken, the tail mild was broken, there was a crack lacking,” Barros mentioned.

Fiery change with former Canton police officer

An change on Monday between former Canton police officer Kelly Dever and protection legal professional Alan Jackson shortly turned tense after he requested if she wished to be within the courtroom. Dever mentioned she had “no thought why I’m right here,” and later remarked concerning the protection mispronouncing her title.

Dever testified that whereas working dispatch on the night time O’Keefe died, she might see a video feed from a storage space hooked up to police division, referred to as a sally port. Learn’s crew has lengthy argued a police cover-up together with presumably shifting Learn’s automobile that was introduced into the sally port storage.

Dever mentioned she instructed federal brokers “in good religion” in August 2023 that she noticed ATF agent Brian Higgins and former Canton Police Chief Kenneth Berkowitz contained in the storage.

Nonetheless, on the stand she mentioned she realized this wasn’t potential as a result of they entered the storage after her shift ended. She attributed the error to “false reminiscence” influenced by media protection, and mentioned she had retracted her assertion.

A former Canton police officer referred to as by Karen Learn’s protection obtained right into a heated change with one of many attorneys in courtroom as he accused her of fixing her testimony since talking to federal investigators. We ask our consultants what they considered the exchanges, if she met the definition of a hostile witness and about Learn’s declare she’s a part of a “blue wall of silence.” Plus, how the jury reacted to a canine chew professional from the primary trial and, after childhood buddy of Michael Proctor’s takes the stand, our consultants weigh in on whether or not the protection will — or ought to — name the disgraced former trooper in any respect.

Lead investigator’s texts are learn to the jury

Jonathan Diamandis, a buddy of lead investigator Michael Proctor, was referred to as by the protection Monday to learn Proctor’s texts messages concerning the investigation.

Proctor was fired in March after a disciplinary board discovered he despatched sexist and crude textual content messages about Learn to his household and colleagues. His testimony performed a key position within the first trial. Protection attorneys used his texts to argue Proctor was biased and dismissed various suspects.

In choose texts allowed in courtroom, an unnamed particular person in Proctor’s group chat requested whether or not the home-owner the place O’Keefe’s physique was discovered would face scrutiny. Proctor replied “nope. House owner is a Boston cop too.”

“From all accounts, he didn’t do something fallacious. She’s a whack-job,” one textual content mentioned.

Inappropriate textual content messages from lead investigator Michael Proctor had been the subject of testimony Monday.

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