Three issues to know now that the prosecution has rested

After six weeks and dozens of witnesses, Massachusetts prosecutors retrying Karen Learn on a homicide cost within the broadly publicized demise of her boyfriend three years in the past rested their case Thursday.

Whereas the speculation put ahead by particular prosecutor Hank Brennan was the identical as that supplied by the assistant district legal professional who beforehand tried the case — Learn, drunk and indignant, struck John O’Keefe together with her Lexus SUV and left him for useless on Jan. 29, 2022 — there have been some notable modifications from Learn’s first trial, which ended with a hung jury final summer season.

Absent have been two high-profile witnesses who have been key to the protection’s claims that Learn was framed. Additionally lacking was the previous Massachusetts state trooper who led the investigation into O’Keefe’s demise and was fired after revelations of misconduct emerged within the first trial.

One other notable change was the function of Learn, who has maintained her innocence, herself. Along with chatting with reporters outdoors the courtroom, her phrases have been an everyday presence in Brennan’s presentation, which has featured a collection of interview clips that present what Brennan has described as Learn’s “marketing campaign” of public statements.

Learn’s attorneys are anticipated to start making their case Friday.

A key witness tries to re-create the scene

The prosecution’s remaining witness was one in every of its most essential. No cameras captured the occasions that led to O’Keefe’s demise, nor have any witnesses claimed to have seen what occurred at 34 Fairview Street — the house in Canton, simply south of Boston, the place O’Keefe, 46, was discovered unresponsive within the entrance yard shortly after 6 a.m. on Jan. 29.

However Judson Welcher, a biomechanical engineer and accident reconstruction professional, testified that information from Learn’s 2021 Lexus confirmed that at 12:32 a.m., outdoors 34 Fairview, the car drove ahead 34 ft, then reversed 53 ft. The SUV was touring at practically 24 mph, he stated, with a throttle of 74 %.

Whereas there was no car information to assist Brennan’s allegation of a collision, Welcher testified that lacerations on O’Keefe’s proper arm have been “constant” with accidents attributable to a damaged rear proper tail gentle on the SUV.

Welcher testified that his peak and weight approximated O’Keefe’s — round 6 ft tall and 220 kilos — and he performed re-enactments displaying what such a collision would possibly appear to be. In a single video, Welcher wore comparable garments as O’Keefe from Jan. 29 — denims, t-shirt, baseball cap — whereas a Lexus that was the identical mannequin and 12 months as Learn’s backed into him at 2 mph.

Welcher additionally knocked down the protection’s declare that the damaged tail gentle got here from a distinct collision on Jan. 29. As Learn left her dwelling round 5 a.m. to search for O’Keefe, she was in a panic, she has stated, and he or she backed her Lexus into his Chevrolet Traverse. Ring digital camera video performed in court docket captured the incident.

However Welcher testified that an evaluation of the video confirmed Learn was driving lower than 1 mph on the time and there was no proof of any harm to both car.

“That impression didn’t break or crack that tail gentle,” Welcher stated.

Who didn’t they name to testify?

Michael Proctor, the ex-trooper and case agent who managed the investigation into O’Keefe’s demise, was included on the prosecution’s listing of doable witnesses. Within the first trial, Proctor spent hours on the stand and acknowledged that feedback he made to pals, household and supervisors about Learn have been unprofessional and “dehumanized” her. However, prosecutors didn’t name him to testify within the retrial.

The Massachusetts State Police dishonorably discharged Proctor in March after an inner investigation discovered that he violated company guidelines by sending derogatory messages and sharing confidential investigative particulars with non-law enforcement personnel.

Proctor testified that his conduct didn’t hurt the investigation. He has not publicly commented on his termination, however his household has criticized his former employer, saying he was unfairly scapegoated. His former supervisor testified this month that Proctor had acted with “honor and integrity.”

“I imagine human beings all have biases,” Sgt. Yuri Bukhenik advised the jury. “Particularly on this case, they didn’t have an effect on the result of the investigation.”

Bukhenik acknowledged that he was disciplined partially for failing to adequately supervise Proctor and misplaced 5 trip days.

Proctor is listed as a doable witness for the protection, which has accused him of bias and manipulating proof.

Two different figures who performed an outsized function within the first trial — Brian Albert and Brian Higgins — have been additionally included on the prosecution’s witness listing however weren’t referred to as to testify.

Albert, a retired Boston police sergeant, lived along with his household at 34 Fairview on the time of O’Keefe’s demise and had a gathering at his dwelling on Jan. 29 that O’Keefe deliberate on attending. Prosecutors — and Albert — have stated that O’Keefe by no means made it to the social gathering and nobody who was there that morning noticed him inside.

However the protection has alleged that O’Keefe entered Albert’s dwelling, and was overwhelmed, bitten by the household’s German Shepherd and dragged outdoors, the place he died. They’ve pointed to Higgins, an agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives who was on the gathering, as a doable conspirator on this different principle of the case.

Within the weeks earlier than O’Keefe’s demise, a collection of textual content messages launched as proof confirmed Higgins flirting with Learn and showing annoyed when she doesn’t communicate extra candidly about what she needs from him. This stress doubtless prompted the battle that led to O’Keefe’s demise, the attorneys have stated. (Via their attorneys, each males have denied involvement.)

Albert and Higgins are each included on the protection’s listing of doable witnesses.

What does Karen Learn say?

Learn has been unusually candid with journalists, and Brennan has proven a collection of clips from interviews she has given to strengthen the prosecution’s principle of O’Keefe’s demise.

In a single clip, proven throughout opening statements on April 22, Learn was captured telling “Dateline” that she might have “tagged” O’Keefe within the knee “and incapacitated him. He didn’t look mortally wounded so far as I might see. However might I’ve accomplished one thing that knocked him out?”

In one other clip, proven earlier this month, she was captured telling “Investigation Discovery” concerning the second she discovered O’Keefe within the yard of 34 Fairview. She questioned out loud if she might have run over his foot as she started driving from Albert’s dwelling.

“He’s roughly the place I left him, so yeah when I discovered him I used to be considering, did I like clip him by some means?” she stated.

In one other collection of clips launched as proof final month, Learn was proven speaking overtly about her ingesting. She and O’Keefe had been at two bars earlier than they drove to Albert’s home, and in an interview with “20/20,” she was requested if she felt superb to drive after 4 drinks.

“Yup,” she responded.

In a separate clip, she advised a Boston Journal reporter that she drank a “regular quantity” — a vodka tonic each 40 minutes.

Outdoors court docket final week, Learn was requested if she had any response to the movies.

“No,” she stated.