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Karen Read Closing Arguments

[Music] It's been dark way too long in this place. That bright smile long gone been replaced. From ear to ear, I see that fear in your face. Tell me when the last time you feel safe cuz there's some evil people in the streets. People at your front door creeping while you sleep. It's time to raise up. Show that even we don't turn the other cheek. I can show you how to be strong. Come on, follow me. Heard you looking for a hero. Well, look up. No more running from the bad guy. I'm a ser in the highlight. What's up? I know the journey got hard for a minute, but I ain't giving this up. Yeah, I got the heart of a champion. If I get knocked down, I kick back up. We go through bad days, hard times, low pay, high crime pathways to a life without sunshine. I'm the lifeline with this lifeline. Want to be the pipeline shining in the night time. Bet on me to smoke down. I'mma go toe to toe. Already know that I'm never going to back down. Bet on me to stand tall. I take on anything for my crew. Better risk it all. We can wicked people in the streets. Corruption in the politics and the police. It's time to raise up. Take a stand against the seat. We won't take a backseat. I can show you how to be strong. Come on, follow me. Are you looking for a hero? Well, look up. No more running from the bad guy. I'mma stare him in the eye like what's up. I know the journey got hard for a minute, but I ain't giving this up. Yeah, I got the heart of a champion. If I get knocked down, I get back up. Get back up. Get back up. Get back up. If I get knocked down, I'mma get back up. If I get knocked down, I'mma get back up. If I get knocked down, I'mma get back up. I'mma get back up. I'mma get back up. I'mma go. Are you looking for a hero? Well, look up. Yeah. No more running from that. Got to worry about it. I'm right here. What's up? I know that being hard for you. Okay. I ain't giving up. We ain't giving up. I got the heart of a champion. And if I get knocked down, I get back up. Yo yo, and yo, you can tell it was early when I did this setup cuz I misspelled arguments. Yeah. Uh, we're going to do a little bit of news before we do anything. So, as I'm fixing the embarrassing error at the top of the screen or whatever the hell it is, good morning everyone. Welcome to reallycoolsite.org aka really cool news on YouTube, Twitter, etc., etc. We are here to be awake and we are awake very very much awake this morning. Uh, put side chat uh how awake you are on a scale of 1 to 15 with 15 being exactly what you think it is. Hold on, let me see videos. It is early. Uh, the judge asked everybody to be here early for opening motions before the jury came in. So, we'll see what happens. But let me play this video first while I go fix whatever the hell I did this wonderful, wonderful icon. Incredibly conflicted Jose Chile Diccastro live streamed Thursday night in yet another bizarre situation where he was critiquing his own video in an apparent attempt to appeal to all sides of the situation in Los Angeles involving demonstrations based on a recent crackdown on immigration. Dcastaster was last seen Tuesday night essentially having laid-back conversations with police officers while several blocks away from the unrest in the city. The point of Tuesday night's live stream was to show that the city was calm and that the president was wrong in sending Marines and National Guardsmen into the city. The YouTuber became upset at one point because a police officer reacted negatively when Dcastrio touched him in a friendly manner. He stormed off from the group of officers instead of trying to apologize for the slight, then randomly complained to another group of officers that he was upset that they wouldn't let him into their group as an outsider. When that group seemed to have no idea of what he was talking about, he stormed off again and ended the live stream to make it home before the citywide curfew started. The incident apparently played upon Dcastro as he made a harshly critical video about the president, the state of the country, and his hatred for police enforcement of anti-immigration policies Wednesday night. It was this video that Diccastro was reacting to in real time at the start of Thursday night's live stream. Diccastro explained that all were welcome and that he had unblocked hundreds of people on Thursday before the live stream. He asked his moderators not to block anyone unless they were making insulting comments towards him and admitted that he may have accidentally removed tools from some mods who would need to contact him to get their tools back. He then addressed the situation with the immigration crackdowns in the city, explaining that he was completely in support of deporting violent immigrants from the city. He did not, however, support going to Home Depot and deporting the hard Americans. he continued stating that they worked harder than most professional companies and were not harming anyone with their presence in America. The YouTuber went on to announce that immigration can't be illegal. He returned to a recent theme that there is no crime without a victim and the idea that someone being in America without immigration papers was not a crime as no one was hurt by their presence. He reminded his viewers that on a national level, nonitizen immigrants can't vote. And he again proposed stripping all aid provided to those immigrants from government agencies and private organizations in order to discourage their entry into the country. Describing himself as squarely in the middle, he mocked those who said he was a conservative or a liberal. He decrieded the actions of President Donald J. Trump, comparing him to modern-day dictators and made his feelings clear about the president using ICE in Los Angeles. Blaming the uprisings and disqu on the president's actions, the journalist and activist made it clear that the country would be in a better place if the funding of the military and police crackdowns in California were spent building housing for homeless military veterans. He then criticized those on the left as he loved his 44 Magnum he kept at his side. the dimminionive YouTuber laughed at those who claimed he was a supporter of the left-wing personality George Soros. He said that he was reading the comments posted on his YouTube videos and mocking anyone who thought he had gone too far to the left. When Diccastro's pre-recorded video made the strong statement that anyone who thought he supported the police or Trump could go elsewhere, he stopped his video to provide a critique of that statement. Dcastro stepped away from those comments in a live statement, going as far as to plead with his fans to stay as he was barely making it financially from their super chat donations and purchases of his products. The future governor of an unknown state turned to making anti- police and anti- athority complaints for the rest of the live stream. He focused on events that took place at the uprisings on Los Angeles over the past week. Observers noted that while he had been friendly and overtly cordial to the men and women in the police force as he was on the front line serving as both a journalist and a protester, he now labeled them as enemies of the people. Diccastro closed the live stream by appealing to his fans to make donations on behalf of jailed YouTuber Craig Henry. For the first time in weeks, he brought up the GoFundMe account he created for Henry and told his fans that he would be transferring the money he collected there over to Henry's girlfriend, Erica Brown, in the near future. He then made the plea on behalf of Henry for direct PayPal donations to himself. Diccastro told his fans that he would donate any money sent to him with Henry in the subject line would be turned over to his friend and colleague. Diccastro's pleas fell on deaf ears as the GoFundMe campaigns were concerned. Lane Meyers Legal Defense Fund took Thursday with a $6 take. Sean Paul Long Island Audit Reyes's general support the fight against tyranny and corruption campaign won Friday with a $20 take. No donations were received for any other fund either day, including Dcastro's own campaign or the three Craig Henry campaigns. Thursday was not all doom and gloom for Dcastro as he sold the first copy of his constitutional headquarters board game on his delete laws.com website since raising the price of the game to $89. The sale of a single unit of the game was recorded by the availability counter on the game's product page, which moved down from 9999 to 9998 on Thursday. While the game is still listed as being shipped in September, it is unclear if Diccastastro has secured funding for the publishing of the first run of the game at press time. Good morning everybody. Thank you for joining us. Hey Hank, how you doing? Oh, pretty good. Pretty good. Uh, you're ready for this stuff today. Uh, got plenty of caffeine on hand to try and stay awake through an over an hour of Jackson babbling. Well, it's even worse. It looks like they're going to have an hour and 15 minutes each. That would be over an hour. Well, it's going to start with uh it's going to start with prosecution and then go to the defense and then rebuttal. But somewhere in there, they're having a half an hour lunch. So yeah, they're going to break for lunch somewhere in the middle of it just so everyone is well refreshed. Do you think they're going to be back today with a verdict? No, I don't see him being uh starting on on that until right at the end of the day, right? Joining us live. Whoops. Uh, we are early because the judge said to be early. So, I took the opportunity to play our new Chile to Castro article as last night. Chile returned after a night off. Apparently, he was piss too pissed off the night before to go on as he had recorded a video that was very, very negative towards his fans and his foes. So, of course, he was reacting to it last night. Hank reacting to his own video. Yes. So his giant head was on the screen while his giant head was behind him. All righty then. And one giant head would talk and then the other giant head would react to it. So yeah. Yeah. Mhm. Yeah. It was But he sold the game. He sold his first game since raising the price to $89. He sold the game, so that's a good deal. But the price was $99. No, he decided $89 and $22 shipping. All righty. Then $44 if you're out of the United States. So yeah, so he decided and he sold the copy and I know Parson's bought me a copy allegedly at the old price. Do you think those are going to be those sales will be honored? I don't know. He hasn't said anything. This is the weirdest thing all of a sudden cuz he doesn't have financing. He doesn't have the financing for the game. So all of a sudden the game is persona nongrada. After talking about it, after the importance of it, after it's coming out on Christmas, it's coming out here, it's coming out there. It was all an untruth because he didn't have the money even to produce the game, let alone ship the game, let alone the game is still incomplete. He hasn't produced the board yet, the wall thing, or shown how the damn thing works. He also hasn't print instructions, you'd think. But uh the last thing we heard about financing was uh he was going to go to Kickstarter. But to go to Kickstarter, you have to have your [ __ ] together basically and have a really nice product and a really nice presentation because you have 30 to 60 days to get interest in your product before the campaign is over. You can't just put it out there and leave it out there for a year while you're getting money anymore. You have to have a campaign that is ready for investors. And what's the likelihood of Chile with his five lawsuits that he can't even keep track of put out a kick-ass campaign? What do you think, Hank? Can he do 0% 0% chance seeing that he can't even keep up with his own damn federal lawsuits. He he is he missed a deadline in the one against Dan Zimmerman. Uh he was supposed to have everybody served yesterday, but there's no record of that happening as of yet. There could be by end of day. they they get filed within Pacer. Uh in the original LVMPD, he has yet to meet with the uh with the police's lawyer because they have to have a conference on discovery, I believe it is. And don't quote me on that one. It's conference on something that they're overdue for uh a joint filing to propose how to go forward. Uh and in which one? Let's see. Ed, that one. That one. That one. I don't know. It's a mess. There's no way he's going to be able to juggle all this by himself. And that's what he's going to try to do is juggle everything by himself. Well, he really screwed up if he really wanted to get these people served for their laws lawsuit. Yeah, cuz he announced that, hey, I'm going to be suing them. They're going to be getting served in this time period, right? makes it so much easier to dodge uh um dodge service. Well, the service for the Las Vegas case is kind of captive because they all work in the same building. However, I'm talking about his latest lawsuit against Oh, you mean against uh Lackluster and everybody else? Yeah. Yeah, he hasn't even discussed service yet cuz he has to put in the amended complaint because remember the other day he announced that uh he got the dates wrong and he wanted to amend it so the dates were correct and he essentially said uh he he essentially filed an emer emergency motion when he didn't have to. he could have just put in the amended complaint and the judge even told him that. So, we had high drama for a day and he has not responded to that yet because of course he was at the LA situation. Notice we can't say the riot t word anymore because YouTube throws us out of the algorithm for that. Sorry about that, folks. Uh Helen's having a fit today. She's a good sweet kitty, isn't she, Hank? And thank you to whoever refreshed. Uh what was that today or is that yesterday? That is today. Use your claws, cat. Use your claws. Good morning, Facebook Karen. Hi, Facebook Karen. Uh, yeah, his lawsuit. I'm just looking here. Someone already refreshed the Hiller one. Let me Someone refreshed the Clark County one. Nothing new in the Clark County one. He still hasn't fixed what he didn't file. Uh there's no new amended complaint in the Hiller one. That's the lackluster suit. Uh let's see the Mcnite situation. That is the Iron in uh Nevada. He hasn't even figured out that his sir reply was stricken. That was almost a month ago. So, he's still out there in the ether uh with his responses to the motions to dismiss because he put another reply in when he shouldn't have. And in Dcastro versus this one hasn't been updated. Let me update this one. In the LVMPD case, there's no new news, just like there's no news right now for the Blue Bacon lawsuit as they're supposed to be still negotiating. You think Blue Bacon's going to give in on that one, Hank? Not one micrometer. Okay. Okay. Oh, good lord. I don't have my glasses on, so I mistyped something here. And but no, no new updates on that case either. But since it's Friday and Friday the 13th, anything can happen. anything can happen. Uh Monday we are having a forced uh Monday night 8 o'clock Eastern we are having a forced celebration for the birth of pants. Pat says, "Don't believe everything you've heard on the internet that he's maybe not really having a birthday." But I think it was because uh well, we sort of announced his birthday plans and uh with or without pants, we will be having a celebration about pants 8:00 Monday night. And you may see contributions from various people, including people in our side chat right now. Hello, Serial. Uh P in case I don't talk to you before then. Happy expulsion from your mother's vagina day. There you go. There you go. Yes, Pants is an important part of the the the uh channel as he is our news readader and he's appeared out of the ether to be a talking pair of pants. That's our story and we're sticking with it. And the moistness we have heard from Justin Blue Ridge who gave us a couple of songs about pants. So, we'll be playing those Monday night. He's the one who uh provides he provided that wonderful coke dog song that you're so thrilled with, aren't you, Hank? Okay. He also did both of Pope He did there is a Pope Phil uh Pope Phil's opening for his show and there's apparently a new version of that floating around that I've got to once they finalize it, I will make a video out of it. So Pope will have a couple of openings for his uh sucket film Monday show. Pope of course is going to be gone uh next week because he is running off to Canada. I mean to Kentucky or something like that. We think it's Canada as well is late. Make take the mouse out of your pocket. It's not a Wii. It's a U. Okay. Well, it was a we on the show last night as we've collectedly thought that he was going there as his new uh his new saying is it was not me, it was NCR as he's being investigated by the FDA uh about these these uh sidebars that were left in his yard rather than going to a landfill. I know the sidebars that you all enjoyed for the past six weeks. Well, there's a deep dark secret about them, but Phil will reveal that whenever Phil gets on the air. Uh, I'm just glad I didn't eat any. That's all I'm saying. It's all I'm saying. It will be much different when we have to do this again next year. It'll be different. We may have to go with Shut the [ __ ] up on next year. You jinx this [ __ ] I'm going to make a trip to Pennsylvania, but I'll be in Canada. Good morning, Mrs. Tom. Uh, yes. It's a filler story. Uh, NCTPL. Yeah. If this ends in a in a hung jury again, it's all your fault, Jim. Well, it is Friday the 13th. It is Friday the 13th. That's right, folks. Friday the 13th. Any plans for Friday the 13th? Uh, Hank? Uh, I've got my hockey mask and uh and a large kitchen knife ready. Oh, you're gonna go to the lake again? Yeah, the campers are planning on having a party out there. I thought I'd go and uh check and see how they're doing. That sounds nice. That sounds nice. Going to have a few cold ones by the end of the night. Well, they'll be cold. Uh, I think the trial says about four degrees per hour. Oh, okay. Four degrees per hour. Oh, that's a cool one. Tall boys, too. You're going to have some tall boys? Nope. Just those the the short those short openmouth ones. Nope. Okay, just checking. Just checking. And yes, Mrs. Tom, it's a sidebar. Sidebar. Sidebar. Uh, good lord. Uh, we are indeed waiting for this to start. The judge had said everyone needed to be in early today by like 8:30, but here we are at 8:52 and Lieutenant Van. So, we went early even though Griffy wasn't here to bribe us. So, Griffy owes us for that one. Uh, we did see Becca earlier. I just don't think Griffy has adjusted to being on this side of the world. And yes, he is visiting visiting from Austria this week. No, that's in Europe. Australia. Jury's on their way. Here's the continent he's from, unfortunately. Okay, come over to sidebar, please. The jurors are on their way. Oh, dear God. We have a sidebar. I was going to I was going to say we should uh have uh a very low number if not zero sidebars. So they've already breached that mark. Yep, we have a sidebar. Uh there's and Brennan said unfortunately. So what the what folks? What the what? Uh there was a tweet from Grant Smith Ellis that quoted another tweet that the jury was compromised and the jury had preddecided uh the verdict a month ago and then someone replied that well his cousin's on the jury and no that didn't happen and he gets things from the jury from time to time. I will note that it does not seem like turtle boy is in the audience today. No turtle. Yes. If the jury was compromised a month ago, we would have they would have been dealt with by now. Well, remember the conspiracy allegedly has gone on for three years and no one has cracked. So what the what? But if that's a legitimate thing, then it may be a long morning. Maybe a long morning with lots of pausing and me and Hank watching drunk girl videos while they sort everything out, which would happen if this is true. But I'm hoping it's not cuz we have things to do today. Uh, in other news, Rean Benson's friend Lewis Johnson, uh, the YouTuber won his court case yesterday. Uh, it was basically disorderly conduct charges. Here comes everybody. You are uh we are muted. Yes. And Helen is not muted. Yes. I can hear her today because I'm wearing the in- ear and not the overtheair. Over the air blocks out everything in air. I can still You've got the innies, not the Audi's. Any Audi in audi. Well, something's going on. They're all dispersed. doing a Chinese fire drill. Uh so Lewis Johnson won uh he had disorderly conduct charges for carrying his uh long rifle in a long rifle case, I believe it was. And they charged him with disorderly conduct because it could have been easily accessed. Well, this is Rean Benson's version of it. So, uh, he won that case yesterday. A jury of six found him not guilty, but he can't retrieve his weapons, which he turned over to the police because there is a harassment order in place that prevents him from going near the workplace of a police officer. So, he can't go over to the police department to get his stuff because that's where the police officer works. According again to Rean Benson's version of the story, uh Rean Benson also has a brand new Mazda SUV with leather seats and a moon roof or a sunroof. Uh, she says it's been a long time coming and it's a brand new vehicle. So, she doesn't yet have a mount for her phone in it, but soon you'll see the new setup. And it's quite glorious according to Rean who earned the who earned quite a bit of money from a settlement last year with the city of Denver and is looking for a similar settlement from the city of Englewood who she's currently suing. She promised more lawsuits uh for the city of Englewood as she may sue them again other over another situation that Lewis Johnson may sue them and that everyone that Rean is working with may also sue them over various issues. This is all because they wouldn't let her use the bathroom those two times, isn't it, Hank? Yes. I mean, she also dissed her own kids. She said that Lewis is involved in the system, unlike her kids who have may have been swallowed up by the system already and she has no hope for her grandkids. So, what the what? Maybe the Benson name has some sense to it. Who knows? Maybe the genetic line has corrected itself or the insanity doesn't run as deep on her father or her father her her husband's side of the gene pool. I don't know. But Rean Benson being Rean Benson has apparently given up on her own children. Hank, what would what would it have been like with Rean Benson as a mom? police. Uh remember this is the woman who uh protested McGruff the crime dog because it was indoctrinating children into trusting the police. So yeah, that poor poor doggy. And we are in a short break while the jury enters apparently. Still not sure what the one sidebar was over. Uh NCT asks, "What would you be like with her as a toaster? I don't know. Uh, life without Rean Benson. The your toast would come out moldy and not not toasted whatsoever and screaming at you. Okay. my Microsoft weather. Uh the little prompt in the corner on Windows 11 is not at all helpful. As I'm looking down, I don't have my glasses on. I see temperatures to rise. And then in the print underneath next Wednesday, it's not the first time it's done this. We've seen 2 ines of rain with an alert for next Friday. Okay, you're being helpful. Being helpful. I don't know how to change the setting. Oh, now it's saying rainy days ahead. I don't know. It's part of the conspiracy cereal. It's part of the conspiracy. Well, they're using the same uh same uh program they use to make uh fortune cookies. Oh, there you go. Maybe it can give me my lottery numbers. I miss lottery. My my uh grandpa used to every day he would go uh to the corner store, buy the lottery numbers, add a cigar because grandma wouldn't let him smoke in the house. So, uh, um, I know somebody who would go day, he would go several times per lottery draw purchasing lottery tickets with the same number. Okay. Never made a lick of sense to me that he would use the same [ __ ] numbers, same draws, but okay. Right. His money I guess if he ever won, I guess he would be laughing. Well, my grandpa was so old school that we'd watch, the rest of us would watch the lotto drawing cuz it was on TV, but he would ignore it until he read it in the paper the next morning. Well, they still d they still uh show the lottery in the uh lottery draw on the nightly news. Well, I wouldn't know. Uh we're so far out here, we don't even get local stations from Williamsport. So, I haven't seen local local TV in so long. It's not funny. Well, my uh local TV TV comes with an antenna that it's gives me a 60 mile range. Well, we're in a dead spot here or something cuz even with one of those, the house when we bought the house, it had uh an antenna that was 90 feet tall on top, which is since broken. It was knocked out windstorm and the digital antennas is completely different. Yeah. Oh, haven't tried a digital antenna. Uh basically just got used to not having local news cuz we've been up here for so long. Well, when I went over to streaming instead of uh cable Yeah. I still wanted to be able to get the local local news channels, uh, local TV. So, I purchased, uh, digital antenna on the as seen on TV aisle at at Walgreens. That rightly works. Good morning, Phil. Hey, Karen. I remember when as seen on TV mean meant it's complete crap will not work, right? But a lot of those there's some good stuff to be had in that stuff now. Sorry y all trying to see what's going on with the trial. Let's check Grant Smith Ellis. They've been on an extended break while the jury has yet to come in. Uh just an update, Turtle Boy was found not guilty uh yesterday of violating his protection order that Lindseay Gayini has against him. Quit there's still no date for his multiple felony witness intimidation charges. Yes. what you'll probably get out somehow someway because I mean he always weasles out of having to show respon be responsible for any of his actions, right? EU will get him in the end. Don't worry, boys. Will he and Will he and uh Karen Reed be in the same facility? Yes. Yes, they will. What? The women's correctional? Yep. Okay. He will be like a Kendall. Oh, good lord. Well, unfortunately, everyone's seen his photos and video, but in the afterlife, not by choice either, but in the afterlife, it's different. Digital 30 bucks on Amazon. Uh NC uh yeah, remembers KTLE and Ronco. Uh Pope Pope remembers uh Ronco because they made the uh what was it? The pocket fisherman. They made the pocket fisherman and they were Go ahead. They were also responsible for the floby. Yes. And that Mr. microphone which would interrupt everyone's radio so you could hit on girls. Yeah. Hey baby, we'll be back later to get you. Yep. Only only if you're tuned to the freak. It didn't take over radio frequencies. It broadcasted on one that no other nobody was using. Yeah. Right. Yeah. But in the commercial, you were taking over that car radio to tell that girl how hot she was, you know. Hey, baby. Now, now think about this cuz cuz you know I I've done this before, right? If you if you scan your radio stations, there's like so many now, right? Used to be you'd have like six, right? The whole tile. Now there's like six million it seems like. Yeah. Yeah. like when we when we moved up here, we couldn't get radio stations. So, we got uh Sirius and we stayed with Sirius when it merged with XM and we got used to just using the Sirius, but uh Yes, seriously. But my niece uh my niece's car doesn't have that so or she doesn't have a subscription. So, I was shocked when she said how many radio stations were up here. I'm like, when we first got up here, there was a country music station and then there was a Christian country music station. That was it. Was it run by Christian Bale? Uh, no, because he's Batman. Damn it. We had Yeah, we had the uh the oldies radio station. And so when Isaac had they'd play like, you know, 50s music, right? You know, and uh uh it's still around and they're still the oldie station, although now they're playing 80s rock, [Laughter] which is still the same. It's still the same like, you know, 40 years difference. It's amazing to me how uh uh you know what was new when I was a kid is now the oldies. The oldies station. Um one of the stations I like to listen to when I'm driving. Um would I travel a little bit south of where I live? um start getting interference from a Tahano station. So it's like oh it cuts back back and forth between the two stations which gets quite confusing listening to uh uh War Pegs and then all of a sudden it breaks in with the uh mariachi band. Uh, speaking of music, we're going to give you an exclusive here while we're waiting. This is one of two songs dedicated to Mr. Pants. Shines brights [Music] right. Every word they speak feels like home. Thank you for lending your voice, for making the story come alive. Your sound is loading, your tail is bright. You keep us informed day and night. Every headline, every tale, you give it heart, you never fail. From breaking news to fun reviews, you bring the world straight to you. Thank you for lending your voice, for making the stories come alive. Your sound is golden. Your tal is bright. You keep us informed day and night. Thank you for lending your voice. Thank you for lending your voice. [Music] Okay, that was one of our tributes to pants uh from Justin Blue Ridge as we were talking oldies and oldie music. Just coincidental we had that on hand. Welcome back, Pope Phil. Were you grooving out too much to the pants song? Yeah, a little too much headbang in there. Yeah, you just knocked yourself off the air. Yep. Just knocked myself off the air. Is the Mrs. Town? Uh, yes. Yes, she is. I I refuse to listen to any channel that's calling itself oldies because I dread the day of tuning in to an oldie station that's playing Metallica. There you go. That's what I'm talk That's what I'm talking about. Uh, good lord. Well, uh, it's Friday the 13th, people, so maybe, just maybe, we'll find an oldie station playing those youngsters from Metallica and Panta and Whit Snake. That's right, folks. Tonny Kain. Yeah, Tonnie Kain, if she were alive, would be in her 70s. Yes, mine. Exactly. What? 93.3 pope and good morning tomatoes. Good morning everybody else out there. We've had an extended break as the jury was supposed to come in but uh right before the break we had a sidebar and we weren't supposed to have any more of those. Okay. What do you think the likelihood that there'll be a sidebar in the middle of one of the uh closing statements? That would be hilariously horrible. You are unmuted. Thank you. See that flash drive? I need my mouse, too. All right. So, why don't I see council over here at Sybar? I've got my computer up. Sidebar. Number two. Uh, what flavor are these? And are they the brand new ones, Pope? Not the ones that have been in the yard. Oh, it's called recycled. No, we got in trouble for the recycled ones. Did Did the papal rotty uh produce the sad bodies today? Yes. Yes. Remember, Pope, remember what you were supposed to be saying? It was not me. It was NCR. He was in charge of quality control. It was NCR Dwayne. Those bastards. Yes. Uh, no. We're going with the uh pot roast. The pot roast today. So, how much pot is in this roast? Uh, well, not a lot because, you know, I quit doing that 40 years ago. You didn't have to sample it. Oh, dear God. We're gonna The jury is going to get this at five o'clock tonight. I got it. I got it at the gas station. I bought it at the gas station. How was that lady last night? Next to the boater bills and the uh keep the truckers up all night pills. Yeah. Well, the boner pills will help do that, I guess. Uh, that is John O'Keefe Senior here for the first time in a month. Uh, right on your screen in front of you, sitting next to wife Peggy, the mother and father of the victim in this case. And that is Helen you're hearing in the background who wants more cheese poofs. Uh yes, Tim Hunter, we are at two already. And uh we just had one and it came back and went right to number two. And the judge said she had to see a PowerPoint. So she is watching a PowerPoint apparently with the attorneys. Yep. Well, they did have to the instructions yesterday at the end of the day was if they could come up with an agreement then apparently they didn't weren't able to come up with that agreement because now they're still disc they're still trying to get a decision on it. Okay, Pope take over for a second. I got to go have a sneezing fit. Be right back. Which means he's going number two. No, it really means that I'm about to start sneezing. This one's baby shark. Baby shirt short. Jeez. Louise, for God's sake, Jim, before you sharp, make sure the cats are out of the back blast area. [Laughter] What was that? Uh um uh that old joke about the bear and the rabbit your fur. Well, it'll be interesting once the show finally gets on the road. I'd be really interested in particularly in the rebuttal argument from the prosecution. Um, they're closed that there's no other you can't go live with Hank. I don't have cheesy poofs. No, they're making Yeah, the pro. Okay, so the prosecution goes first, right? then the defense and then the prosecution gets a rebuttal argument. Okay. Prosecution gets two arguments. Okay. uh NCT or NC uh there was an argument over if the PowerPoint would be included in evidence, not not that they should use one during uh closing. I believe the only reason I think I can conceive that it makes any difference is that way the jury will have access to this said PowerPoint. Yes. When they're reviewing things, right? But you can't I I think what the discussion is is to make sure that it the PowerPoint only includes that which is in evidence. So if it if it was excluded, you can't include it in your PowerPoint and get taking out all the all the hearsay from it and all that. Yeah. Yeah. I have a dog that can't decide whether she wants to go out or not. I have a dog that can't decide if she wants to get her ass up off the couch yet or not. I thought the wife was out of towel this week. You're calling I'm telling her you called her a dog. No, you called her a dog. I just I did not. I did not. Just you are going to get trouble. You're in trouble, Phil. You're the one who referred to her so many times as that that it's ingrained in our mentality. That's right. Yeah. Yeah. You really stepped into that one, Jim. And and and you're lucky that that we didn't tell her your real name for her. Mrs. Woof woof. That's right. Uh this way. [Laughter] This is every time I close the door, she'll slowly creep up and when I think she actually wants to go out and open the door, then she runs to the opposite side of the room. Well, we had something weird. Uh, I was up doing the paper. I did it like I uh it was time to feed the cats. I went to feed the outside cats about 2:45 a.m. about 15 minutes early and there was nothing out there. There's usually raccoons. If if the cats aren't out there, there's usually raccoons or skunks or something. And there's literally nothing out there. Front yard, backyard, no signs of any animals. So, I don't know what I doed, but I put food down, got back in the house pretty quickly. It was I all the years of doing this, I've never seen, you know, no signs of life whatsoever. And yes, the food was eaten uh when I woke up this morning. So, I don't know. All righty then. So, were you were you lurking, Mr. Friday the 13th? Um, there may or may not have been some trash pandas with hockey masks and kitchen knives. And Karen Reed is uh just fired up her computer here. Remember, she is at the heart of her own defense this time around. And it does not look like she uses a Mac. She uses a regular human PC like most of us. She's actually just doing some online shopping. Yeah, maybe she's trying to get shoes that'll match her orange outfit that she's anticipating. Uh, her father is listing nicely in the breeze. Ah, the winds have shifted and so has he. Oh, he's lifting a cheek. That's He just did. He just did. He literally just did. As Hank said that he lifted his left side up. Oh, dear God. Oh dear. He's got to be careful sitting on a wooden bench because they can uh they can make an echo chamber out of a fart. Remember, tonight we'll be back with you at 8:00 Eastern, 7 o'clock where it counts, 6 o'clock uh mountain time, and 5:00 on the West Coast. It is another Parson Friday. We will also be discussing the Karen Reed murder trial, whatever news from the auditing world today. And of course, we'll be playing with some drunk individuals. Drunk individuals. Hey, Pope. He actually got it right this week. [Laughter] And then we'll be back same time tomorrow night. We are off on Sundays. Then we'll be back with you first thing in the morning on Monday morning for if if the juryy's still out, we'll be back with you for jury watch to start the day. And then we'll return whenever they close up for the day. But it does not look like there will be time for the jury to do much deliberating today as we are already uh delayed significantly. It was supposed to start at 8:30. I know the judge asked the jury to stay until 5:00 p.m. tonight, an hour later. We will be with you for that time as well, but oh my goodness. Uh yeah, we'll see what's going on. Uh who is Kad to? Yeah, I was just going to ask that. And Abby Poland, uh Jim has bears. They are the teddy kind. Jim's wearing a teddy. What? Yep. Uh, not tonight. Rose isn't in town. Uh, Sugi, both sides mo both sides get an hour 15 minutes to do their closing presentation. I don't know if the uh if they get a Oh, turtle boy. Well, turtle boy is turtle boy. He's been saying not guilty for the past year. And that is not a flattering pose by uh Karen Reed. The center of your screen. Just saying. I'll get you. Not looking. I'm not looking. She's off screen. She's off screen. It's a trap. So, uh, let's see. It's just in breaking news. Jim wears crotchless panties. I do. Yes, he does. Yes, he does. Okay, then. Well, they're regular panties until you squat them. Okay. He wants his innie to flop in the breeze. Oh, that's chilly. Uh, look, they're bringing in the podium now. It's getting serious. The old guy brings in the podium. Or they Why' they move the podium? so they could be right in the in front of the jury. This is what they did for opening uh opening statements. Remember, uh boy is not here today, so his crotch will not be over Alan Jackson's shoulder again as it was in the opening statements. It's was interesting to say the least. I don't know that I would, you know, I don't know that I would break that superstition now that you're so close to the end. You know, that may be their fa fatal flaw. What superstition that turtle boy's crotch over his shoulder. Oh. Oh, okay. Well, Turtle Boy's crotch is fatally flawed. We've heard that before. I'll be back shortly. All eyes for the court, please. And we're on a short break. Okay. Good lord. I just want to hear Allan Jackson. What about you, Hank? What song do you want to hear from him? I don't know. He sings real Jack does or did while he was still alive. Good morning, Gia. Gia, you are muted cuz I was trying to get her to be quiet. A good morning, Zoe. Hi, Zoe. Shh. Zoe. Good girl. Zoe. Zoe. Zoe. No. Got a rhino. Zoe, speak. Oh god. What's that, Zoe? Timmy's in the well. We're at the end of the street to the entrance to the park. Everybody walks their dogs. So yeah, when she walks when they walk by, she is protecting her turf. Of course, as any dog within 50 yards is a threat. Of course. Yep. Then she'll come back in the yard and pee, mark her territory, and then go back to guard duty. Right. She guards her duties. Yep. She guards her duties. God, we haven't started yet. No, we've had two sidebars. Uh, and this is an extended break. They only brought in the podium now. Uh, this is a [ __ ] show already. Well, they don't get this show on the road soon, they're going to have to stop mid uh mid-closing argument uh to take a lunch break. That's right. They they are scheduled for a half an hour lunch break today and they are staying till 5:00 p.m. Eastern if they need to. So folks, it could be a long day here. It could be a short day here. We're not sure. We'll be with you. It depends on how soon the closing statements and uh finish up and everything else finishes up. We may take a break this afternoon. We may be with you. It really depends on what makes sense this afternoon. We do have a verdict watch that is scheduled, but if we don't use that today, we will use that next week because I can't picture us being on air all day just waiting for the verdict. I think Hank would kill me after the first hour. And since Griffy hasn't bribed me, I'm probably not going to do another all day marathon just for that. Speaking of bribery charges. Hey. Hello. Phil bribery charges. No, we were just talking about your uh legal case, your bribes and barbecue for all city officials. Horse [ __ ] Play. My my uh Yeah. Barbecue for play scheme. Yes. Yeah. Yeah. Yeah. What's wrong with it? Nope. Free meat for anybody that works for the city. Yeah. Not just free meat though. You know, I got the parks department, you know, finding me good oaks to use for my smoker. Wait, wait. I was I was gone. Pope is getting smoked. What the hell? No. Nicely played, Phil. [Laughter] Uh, Gia, we also found out that his pet name for the wife is Mrs. Woof woof. That is that uh I I've been warning Jim about this. I've been warning him. He's choosing to play with fire all on his own. No, that was your actual name for her since she's been out of town. It was not. You've been over I think it's just Jim wanting to do the show all by himself. Uh Pope was overstimulated by the fumes off of those unused sidebars. Uh today we've had two sidebars uh when we weren't supposed to have any. Yeah. And they were back to back. that were like right in the There's no rules against sidebars today. It's just wouldn't be expected. Yeah, the sidebars are sidebars. Good lord. I slept like a dead goat. A dead goat. How does a dead goat sleep? like doesn't move. So you were plugged over the head by audit then. So I guess that's better than flopping like a trout. Yep. Doesn't look like you've been in bed. You have slept well. with a dog paw in your neck. Well, of course, it would not be uh a day at Gia's house without being stabbed by a dogpaw. Yep. Yep. From the violent and vicious. Yes. Zoe. Yep. Zoe is allegedly more aggressive than a Rottweiler as we've heard her burking, but Miss Rottweiler hasn't gotten up off the couch yet. Uh, that is true. That is true. So, folks, when you are looking for home defense, a Rotty is better than a Rottweiler. A rott. Am I not wrong? I mean, a a corgi, sorry, a corgi is better than a Rottweiler. If your if your goal is to have a four-legged alarm, yes. If your goal is to actually protect the home, no. Yeah, counter point. How aggressive is poor little Zoe? She doesn't like the vacuum. So, and so if somebody breaks in trying to vacuum your home in the middle of the night, they're going to get tore up. Yes. And what happens, Gia, if they have menus? If they have those damn dirty menus to leave them immediately. Yep. You mean a soliciting flyer? Yeah, those shredded soliciting flyer. Yeah, those get shredded immediately. Yep. Well, that's one thing I living out where I do I don't have to worry about is that crap left on my door. Well, believe it or not, I had to put up a sign and now they don't. The uh Jehovah Witnesses no longer come to the door. They no longer come to my door. either. Well, they don't come to my door. That's because the last time they they did, I answered the door nude. Oh, okay. And good morning, SR. Good to see you. And apparently that puts you on some sort of list with the uh apparently. Well, Pope's going to try that. Uh no, they don't come around my uh my door anymore. Well, they're not supposed to be not supposed to be in here, but they do. It says no no soliciting at our entrances and they still do it. When you when you see them coming up to the door, just strip down real quick and answer the door buck naked. Oh god. I wouldn't do that to anybody. Oh, good lord. We've only been on the air for an hour and 17 minutes, folks. said they've been on the air for oh about 41 minutes now and of the 41 minutes nothing has happened in these wonderful closing arguments. Today is the day folks that the Karen Reed trial comes to a conclusion and goes into the hands of the jury. We hope. We hope. Any uh any thoughts on how long this will take to get through the jury, not too through deliberations? Uh probably at least a full day if not uh but I wouldn't expect it to take more than one full day and then settle on it the next. What about you, Gia? is couple days. That would be me if I sat through this. Pope, since you are fleeing to Canada, will you be getting updates on the trial while on your Canadian vacation? Uh, most likely not. Most likely not. Now it's your turn over in YouTube side chat. Tell us how long you think they'll be debating the fate of Karen Reed and also should Karen Reed be married off to NCR. Hey Pope, dearly beloved. That's right. Oh, no. No, I can't do that. Come on. Come on. We can do it. We can make this a love connection. We can make it a love connection. NCR deserves the best. How about How about we marry them marry her off to you, Jim? Yes. No. Beloved here today already the veto to save Rose. Rose already used the veto. Sorry about that, folks. Sorry about that. So, you're married to Danny DeVito now? Why would I be? I said veto, not Devito. Nevada Devito. [Laughter] Oh, good lord. I mean, you'll you'll have all of his he'll start your day off with uh reenactments of his Always Sunny in Philadelphia lines. Whatever happened to him and uh what's her name? The lady from Cheers. Rita Pearlman. I think they're divorced. Yeah. Yeah. They're married for years. A long time. Long time. Yeah. But they're still best friends. I mean, they never they never really I think they divorced, but they're so imshed in each other's lives that Yeah. I think he said they still got they do uh like breakfast every day. Yeah. Uh I hear some sort of banging coming from the courtroom. Hank, what are you doing? Uh that's Karen banging at the back door. Ouch. All persons have any disenior. Oh, I don't think that's what he said at all. Massachusetts. This court is now open. You may be seated. Good morning, J. morning. So, I have started far too many mornings by saying to you folks, I apologize for the inconvenience having you wait around so long. I appreciate your patience. I didn't want to do that today, but I had to do that today. Everybody is It's all Karen Reed's fault. Remember that jury lawyers, witnesses, that everything has to be right before you hear it. So, I needed to do that this morning. So, I apologize. I do have to ask you those three questions. Were you all able to follow my instructions and refrain from discussing this case with anyone since we were here yesterday? Everyone said yes or not affirmatively. Potentially the last time we'll have to hear ask these questions. Refrain from doing any independent research or investigation into this case. Everyone said yes or not affirmatively. Did anyone happen to see, hear, or read anything about this case since we left here yesterday? So, as you know, it's time for closing arguments. And when I was a trial orderer, I never liked it when just before closing arguments, just before I stood up, the judge would say, "Jurors, remember, closing arguments are not evidence." But it's true. Closing arguments are not evidence. The lawyers aren't witnesses. And because they're not evidence, I need you to put away your notebooks because you can't take notes on. The reason it used to bother me is because I sense that it made it sound like they're less important than anything else in the trial and they're not. They're certainly a very important part of the case and we've all noticed that you paid very close attention to this case and we know that you'll do the same to the closing arguments. Couple of things I want to say and you'll hear more about this in greater detail when I give you the charge. First is you folks are the factf finders. So it's what you find from the testimony, your memory of the testimony. This has been a long trial, but your memory testimony, not the lawyers and not mine. So if the lawyers arise, say anything that doesn't square with your memory, it's your memory that serves. Secondly, there are very important constitutional rights that I hope that you understand or constitutional um concepts that you need to understand. First, again, the burden of proof in this case is proof beyond a reasonable doubt into a moral certainty. And the Commonwealth bears the burden of proof, right? The burden of proof is on the Commonwealth to prove beyond a reasonable doubt into a moral certainty. And because of that, in Massachusetts, because the Commonwealth has the burden of proof, the Commonwealth goes last in closing. I've given each lawyer an hour and 15 minutes, and I'm not going to stop them. Um, so we we'll start with the defendants, Mr. Jackson. Okay, folks, get out your uh whatever you need to make it through the next hour and 15 minutes. Oh, we have to look at his face for There was no collision. There was no collision. There was no collision. Okay, thank you. Sit down. I want to take a minute to start off with thanking you. I want to thank you for your attention. I want to thank you for your patience. I want to thank you for your diligence. This is not an easy undertaking. Most of all, I want to thank you for your courage because courage is what this moment this moment demands. Not just to listen, but to stare directly at injustice and say, "Not here, not now, not on our watch." That's what you're being asked to do. Stare down injustice. I want to start with a simple truth. You folks, not us, nobody else in the courtroom. You folks are the last line of defense. the last line of defense between an innocent woman and a system that has tried to break her, that falsely accused her, that tried mightily, mightily, to bury the truth. This case was corrupted from the start. It was corrupted by biases and conflicts and personal loyalties that you heard about. And most fatally, it was corrupted by a lead investigator whose misconduct infected every single part of this case from the top to the bottom. In our opening comments to you a few weeks ago, we told you what to watch for. We warned you what to watch for. We begged you what to watch for. Watch for the physical evidence. Pay attention to the medical facts. Pay attention to the science and the physics. But also pay attention all the stuff you promised of the investigation. But you also saw something during the course of the trial that none of us might have expected. Something that should sadden us. something that maybe would anger us. On full display, you saw the lengths to which some some police officers will go to to protect their own at the expense of the rest of us, which she didn't prove at all expense of Karen Reed, an innocent woman. Before we examine the evidence in the case, which we will do, we need to understand the very foundation of the entire system of justice in which we operate. It's the bedrock on which this entire system is built. Reasonable doubt. This isn't just a technicality and it's not a slogan. It's a constitutional shield that protects the innocent and prevents the government from punishing without proof. The Commonwealth has the high burden to prove every single element of every single charge beyond a reasonable doubt and to a moral certainty. As I said, those powerful words are not just some legal jargon. They're your mandate. They're your obligation. They're your community's protection against injustice. In our system of justice, Karen Reed sits here today presumed innocence, cloaked in the presumption of innocence. That presumption is not fragile. It doesn't just disappear because there's a charge or a badge or a theory. That presumption stands firm unless and until the Commonwealth clears that high bar, the highest bar the law provides proof beyond a reasonable doubt and to a moral certainty. That means at the end of this case, at the end of the trial, you think about one or more of the charges. You think, you know what, maybe maybe that's true. It might be true. then you vote not guilty. If you think it's possibly true or probably true, your vote must be not guilty. If someone among you thinks it's likely true or even very likely to be true, your vote is not guilty. It's because none of those standards may be, might be, possibly, probably likely, very likely, none of those meets the extraordinary burden of beyond a reasonable doubt. and to a moral certainty. A moral certainty means a level of confidence so strong, so incredibly unshakable that you could go home, you would go home, look your loved ones in the eye, and say, "I am certain." Not probably, not likely. I'm morally certain, and my certainty remains unshakable. I am certain he's the law defines moral certainty as the highest level of certainty known in all human affairs. Think about that. You must be that certain about the entirety, not part of the entirety of the Commonwealth's case. As we discuss this case, you'll see that the Commonwealth comes nowhere near nowhere close to reaching that extreme burden of proof. Ladies and gentlemen, on January 28th, 2022, it was a Friday night. John O'Keefee and Karen Reed made plans to meet up with friends, go out for drinks. You saw through video evidence and eyewitnesses that they were affectionate, they were loving, uh they were in good spirits throughout that evening. They started off at CF McCarthy's, which you've heard about, eventually made their way over to the Waterfall Bar and Grill. When they got there, the Albert family, they were already there and they were already drinking. The Albert family, it's been established as a very well-known family in Canton. They've got quite the reputation. Brian Albert was at the waterfall, a longtime Boston police officer. His wife Nicole Albert was there. She was with him. His brother Chris Albert, who is a Canton board selectman, he was there. his wife Julie Albert, their daughter Caitlyn, and his sister-in-law Jennifer McCabe, whom you met, and her husband Matthew McCabe, whom you did not meet. They were all there drinking before John and before Karen ever arrived. But also present at the waterfall that night was Brian Albert's friend, Brian Higgins. We know that he had a romantic design on Karen. That becomes an incredibly important fact as we discuss the facts of this case. As the bar was closing around midnight, invited everybody back to their house. They wanted to keep the the night going. But the evidence revealed something interesting that the invitation to John O'Keeffe appears to have been for a different reason, an alternate reason. Think about the video of Brian Higgins and what Michael Proctctor in his investigation completely and utterly ignored your imagination. Higgins was agitated after a day of drinking. Agitated that it was John and not Karen. John with Karen, not him. Recall that ominous text that he sent to Karen with her and John standing just feet away. Um, well, he got no response. And then we see this. That's what Brian Higgins was confronted with following his um well text. What of all things starts going through Brian Higgins's mind? Where does his mind go? What is he thinking about after seeing this? After witnessing this, he shows you. Uh, and if Michael Proctor had been the least bit interested, this video would have shown him too. Take a look. Yeah, Jackson still never had his ass grabbed by another man in a playful way. These guys are just messing around. Yes. And uh what's going through Brian Higgins mind is thank god I dodged that bullet. Especially right now. Sparring, practicing, fighting techniques. Where was Brian Higgins mind? [ __ ] around is what they're doing, you dumbass. And then what happens? Before you look at the next video, think about what you're going to see. This next video is after he sees John kiss Karen on the forehead. After he sends that aggressive text to Karen with her standing just feet away. Watch closely and this is what you're going to see. This is what Michael Proctor and his investigation completely ignored. Higgins is very clearly upset. He's agitated. Chris Albert tries to control him. He tries to talk to him, calm him down perhaps. Chris forcefully grabs Higgins arm. You'll see that in the video that you're about to watch. It appears that Chris is trying to calm him down from something. Brian Albert standing right there with the other two men. But Brian Higgins is having none of it. He appears to be hyperfocused on one person and one person only, John O'Keeffe. In an instance, Higgins angrily jerks his arm away from Chris. Higgins rubs his brow and he directly gestures at John, a gesture that looks a lot like, "Let's step outside. Let's go outside." But John looks at him, takes a swig of beer, completely ignores him. Take a look. Michael Proctor, the lead investigator in this case, had all this footage, but he did nothing. He had access to the exact same thing that you saw. Why did he do nothing? A few minutes later, Higgins then texts John directly. You coming here? Three question marks. It's now 12:20 a.m. These guys are not good friends. They barely spoke or even acknowledged each other when they walked into the bar together, other than a quick greeting. So, why was Higgins coaxing John over to 34 Fair View? you coming here after this? And why not text Karen? Because at that moment, he wasn't interested in Karen. He was interested in John O'Keeffe. This is about 5 minutes before Jon gets out of the SUV and walks toward the house. About 5 minutes before Karen sees him alive for the last time. So, what happened inside that house or that basement or that garage? What evidence was there for the investigators to look into? What did they ignore? Laceration over John's right eyelid, black eyes, a large dog at the home, an obvious dog bite on my John O'Keefe's right arm, a head injury from falling backward onto a hard surface, alleged surface, a text from Higgins, one of the last people to ever communicate with John O'Keeffe. you come in here. Those words now echo in the wake of John's death. But Michael Proctor, he didn't listen. When John didn't come back outside, Karen, very oblivious to what had happened, thinking she was just left alone in the car out in the cold in the middle of the night, she got frustrated and she drove home. She arrived back at home and her Wi-Fi connected to John's, sorry, her car or phone connected to John's Wi-Fi at 12:36 a.m. It's an important time. 12:36 a.m. She left John voicemail after voicemail after voicemail. He was unresponsive. He didn't pick up a single call. He didn't respond to a single text. The longer he didn't respond, the more upset she got. Her voicemails refle reflect that frustration after the fact. That's the frustration that you hear in her angry voicemails. She uses harsh words and foul language. She's obviously upset. She's obviously irritated because he didn't come back out of the house and he wasn't responding. But Karen did not know what you know. She didn't know what the investigators should have known. She didn't know what was happening with Higgins and Albert and with her boyfriend John O'Keefe. When he didn't come home at about 5:00 a.m., Karen went looking for him in a panic. As you know, her worst fears were realized when she found Jon beaten, battered, bloody, and left in the snow in Brian Albert's front lawn. At 6:00 a.m., when Karen found John, you heard about the scene. It was described in detail. It was chaos. To use Mr. Brennan's word in his opening statement, it was bedum. The screams for help by Karen. The yelling and the hollering. Ambulances, emergency lights, fire engines, ladder trucks, paramedics, patrol vehicles, patrol officers, all of them swarming all over the lawn just under Brian Albert's bedroom window. And of course, as you learned during the course of this trial, Brian Albert, a sworn peace officer, a first responder trained in being a first responder, never came out of the house, never went outside to help a fallen fellow officer who was laying on his own property. Never came out. And you learned through the undisputed evidence that the lead investigator, Michael Proctor, for his part, never went into the house. The Commonwealth has struggled to try to prove that John O'Keeffe ended up in Brian Albert's front lawn because he was struck by a vehicle. They have failed. They cannot and they will not ever be able to prove that John was struck by a vehicle beyond a reasonable doubt and to a moral certainty because the science does not lie. The medical evidence does not lie. The physics do not lie. Their investigation was flawed from the start because their investigator was corrupted from the start by bias personal loyalties. Folks, they cannot prove a collision. John O'Keefe was not hit by a car. There was no collision. So, let's start there. I want to take a minute to discuss the actual science, the actual physics, and the actual medical evidence that was presented in this case. The science, it's an old saying, is known as the silent witness. It doesn't lie. It doesn't forget. And notably, it doesn't take sides. If there was no collision, what are we doing here? In order for there to be a collision, there has to have been an impact site. The vehicle had to have struck struck John. Period. I want to remind you of some of the most important testimony in the entire case. And it comes from the Commonwealth's own medical expert, Dr. Irenei Scorelloo, the Commonwealth's medical examiner, someone governed by law to make these decisions. We know that a person struck by a vehicle suffers massive trauma. Broken bones, fractures, soft tissue damage, torn ligaments, contusions, soft tissue injury, severe tissue injury, crushing blows. None of that was present with John. None of it. Not anywhere on his body, including his right arm. Not one bruise. Nothing. The fact is the injuries are not from a vehicle impact, not his head injury, not those scratch and bite wounds. Not a single medical expert, think about this, not a single medical expert called by the defense or called by the Commonwealth has testified that John was hit by a car. Not one. Think about the irony. Not one. That's not just significant. It's literally the most important point in the entire trial. Listen again to Dr. Scotty Bellow's words. Question. You did not include in your autopsy in any fashion any discussion of whether Mr. O'Keefe's injuries were consistent with a motor vehicle accident. Did you? Answer: No, I did not. She told you, quote, "I did not see any evidence of an impact site." End quote. She was talking about John's body. The Commonwealth's own medical examiner, Dr. Squirty Bellow, performed the autopsy. She did it personally. She's the only one to have personally examined Jon's body, and she found no evidence of an impact site on his entire body. That in and of itself is reasonable doubt. You don't need anything more. The Commonwealth's case is done. It's cooked. Their own experts said there is no evidence of a coll of a collision. No evidence of an impact. If you want to know what an impact looks like, take a look at this. This is what a body looks like after being struck by a car at 25 miles an hour. And this is what a car looks like after hitting a person at 25 miles an hour. These are exhibits from Dr. Welchure, the Commonwealth expert. John didn't even have a bruise. Make no mistake, Dr. Scotty Bella was presented with the Commonwealth's theory of the case, the same case that you've been presented with, and she refused to conclude that John's death was a homicide. She flatly refused to to conclude that there was a collision. And you know who agrees with that? that silent witness, the science, the physics, the data. Dr. Wolf and Dr. Wrenchler, you just met them recently. They explained they were not initially hired by the defense. They were asked by another agency to conduct their analysis. They looked at the evidence from both sides, not taking a side for the defense or the Commonwealth, completely independent. They looked at the damage to the SUV on the one side of the coin. They looked at the injuries to John O'Keefe on the other side of the coin. Both PhDs, both engineers determined there was no collision. I'm not saying it. The science says it. That SUV's tail light was not damaged by striking an arm. And John was not struck by a 6,000lb SUV. Period. Full stop. Dr. Dan Wolf did the testing on the tail light. actual testing, not some ridiculous blue paint kindergarten project. He did lab testing. He did field testing. He did data testing, actual impact force analyses. In every single test, at every single speed, the tail light damage was inconsistent with striking an arm. In every test, the tail light damage was inconsistent with damaging the shirt, the sweatshirt. Remember that severe internal damage to Karen Lee Reed's tail light, not just the outer lens. The internal diffusers were completely smashed, completely shattered. ARA testing established that all the internal components of every single test tail light, especially the diffusers, remained completely intact. Conversely, on Karen's tail light, the diffusers were almost completely gone. Folks, understand something. If any part of that diffuser, any part of that diffuser portion of the tail light is broken. There is no light. It doesn't illuminate at all. It's just black. Let's take a look at a couple of photos. At 5:07 a.m. at One Meadows, that's the photograph on the left. What do you notice about the right tail light? It's completely illuminated. Later at 4:12 in the afternoon, photograph on the right, it's lit up. How can that be? How can that be? If the Commonwealth claims that those diffusers, the portion that lights up the light, were already scattered all over 34 Fair View. That's their theory. But don't believe your lion eyes. The tail lights completely lit up. That would be impossible. Dr. Andrew Wrenchler, a PhD, a biomechanist, explained that at those speeds, the other side of that coin, John's arm would be basically destroyed. Contusions, swelling, torn ligaments, hyperextensions, dislocation of joints and bones, fractured, broken, and shattered. But as you know, John's arm was pristine. Save those dog and claw bites. He didn't even have a bruise. Think about this. Think about that photo of those X-rays as you deliberate. You can manipulate a tail light fragment. That's not that hard. You can't manipulate a bruise. If they claimed the car was going fast enough to shatter the tail light and shatter the diffusers, that it was also going fast enough to destroy and shatter John's arm, and it simply did not. How do they square that? They don't. and they can't. So, they spent nearly $400,000 of taxpayer money to hire someone to dress up and look like John and paint his arm blue, which told you exactly nothing. The archa testing, conversely, also established that it is impossible for John's sweatshirt sleeve to be damaged by an impact with the tail light. The Commonwealth's theory is that the sleeve of John's hoodie sweatshirt was damaged by flying shards of taillight slicing through the shirt and through John's arm. I have three questions. Number one, John's arm had about 36 abrasions. How did 36 shards of acrylic go through nine tiny little puncture holes? How'd that happen? Somebody needs to answer that. Number two, why are there no slices or cuts in the hoodie? All the defects are punctures. Punctures that you might get from, say, I don't know, canine teeth. And number three, if the shards cut bloody gouges into John's arm, that's their theory. Why is there no blood, no skin, no tissue on a single shard of taillight that they claim came in contact with John's arm? The Commonwealth cannot answer a single one of those questions because Jon's arm was not impacted by the tail light. It doesn't make sense simply because it didn't happen. Compare and contrast the ARCA experts and their actual testing to Jud Welchure. He came to you in the Commonwealth's case and chief and he told you that for the better part of a half a million bucks, he'd come in and testify that John was tall enough to touch the tail light with his elbow. That's it. And even in that basic demonstration, he had to lean in to manipulate it to get the results that he wanted. Dr. Welchure then claimed that the reason he didn't do the reconstruction, the actual testing, think about what he said. There isn't enough evidence to determine what happened. I I beg your pardon. What happens when there isn't enough evidence? In his words, you vote not guilty. That's what happens. That's out of his mouth, not mine. The Commonwealth also used the same company, Aperture, to try to establish a time of a collision that never occurred. The Commonwealth called Shannon Burgess, the supposed expert from uh Aperture. There is a cardinal sin for experts, folks. A cardinal sin. It's called confirmation bias. It's when you decide to change your opinion to fit a theory. The most important tech takeaway from Shannon Burgess's testimony was how brazen how shameless he was in trying to change the data to try to suit the Commonwealth. Remember Mr. Burgess I'm sorry. Remember Mr. Brennan's opening statement? He made some promises to you. He said this case is about the data. He stressed it over and over again. They've had three and a half years to get this right. The Commonwealth has had this case for three and a half years to get it right. So his top expert, Dr. Welchure, prepares a report. And that report says that John O'Keefe was struck by Karen Reed's SUV at 12:31 38. Note that time, 123138. He was struck. He was immediately incapacitated. He was immediately unconscious. So says Jud Welchure and the Commonwealth's theory. But there was a huge huge problem with that. And somewhere in the middle of trial, somebody must have realized it. They must have realized that the very data they produced unequivocally establishes that they are wrong about a collision. It could not have happened. Why? Because John was interacting with his phone after 123138. Remember the collision immediately incapacitating. How could he be interacting with his phone afterward? He was on his phone, opening his phone, checking his phone, reading texts on his phone, and locking his phone. All of it after 12:3138, which is the time Welchure clocked for the moment of the impact. and he was taking steps and walking with that phone after 123138. Also, that's what their own data showed and it devastated their case and it devastated that false theory. There must have been panic, I'm guessing, in the room. What do we do now? The data shows John wasn't struck by the car. What do we do? Enter Shannon Burgess. Question. Can you believe him? Can you believe Mr. Burgess? He came up with a brand new story right in the middle of trial. You might ask yourself, would an expert actually say something he knows not to be true? Would an expert actually say something he knows is not supported by fact? Would an expert shade the truth? You don't have to look any further than Shannon Burgess's CV to answer that question. That was a shame. Even with the pull and push and stretch and manipulation of the time data that Mr. Burgess came in here and told you about, it still shows that John O'Keefe was very much alive and walking around after they claim he was hit and incapacitated. Think about that. Matt Doga looked at Burgess's report and told you that in 30 out of 30 scenarios of the possible time SKUs that Shannon Burgess identified, he came in in the middle of trial and identified all these other time SKs that he called it. In every single scenario, John was alive and walking after they said he was hit. And that's a problem for them because there was no collision. Just look at Mr. Wiffan's data. Ian Withan, John O'Keeffe took 31 steps at a steady rate about 83 feet. And then think about this in a westerly direction. That would be right toward the house. Remember, it's 78 ft to that garage door. That's not a coincidence. The Commonwealth's witnesses or the Commonwealth's witness, Dr. Um, Mr. Ian Whiffen himself conceded that he has reasonable doubts about the accuracy of John's location data. You remember that question and answer on cross-examination by Mr. Allessie. Do you have doubts? I do. Are those doubts reasonable? They are. And remember, still the Commonwealth's burden. If their own cell phone expert has a reasonable doubt about John's location, so should you. John O'Keefe was inside and the phone battery temperature further proves it. This is not speculation. This is science and it's irrefutable. It tells us that he was laying he was not laying outside in the cold. He was inside somewhere a little bit warmer. Ian Whiffin told you that when the iPhone is exposed to freezing temperatures, think about these numbers. When the iPhone is exposed to freezing temperatures, it will drop from 81 to 21° in 15 minutes. 15 minutes. That's a 60°ree drop in 15 minutes. Now look at John's phone. It was lay laying according to the Commonwealth, it was laying directly on frozen ground. He arrived at 34 Fair View on his and his phone dropped only over the course of an hour. Excludes that it stayed steady, never dropping below 50° for the next 4 and 1/2 hours. never dropping below 50° for the next 4 and 1/2 hours, basically through the entire night. He was not outside. He was someplace warmer, like a basement or a garage. Dr. Lacada confirmed that John O'Keefe did not have hypothermia. No telltale signs, no telltale wishnooki spots, no frostbite on any extremity. He did not die of hypothermia because he wasn't outside. Dr. Isaac Wolf, Dan Wolf, Elizabeth Laasada, Judson Welshshire, Andrew Wrenchler, all agreed. Every expert agreed this is how John O'Keeffe died. a rearward fall from a standing position. What could make you fall straight back like that? Let's just think about that for a second. What could make you fall from a standing position at Jud as Jud Welchure just showed us, standing up, falling straight back? Add a laceration to the right eye consistent with a fist or a punch and you've got your answer. He certainly didn't sustain that wound on the back of his head by falling backwards onto a lawn. Dr. La Pasada told you that the patterned injury on the back of John's head could only be produced by hitting a hard, riged, or ledged surface like a concrete stair or step. What's just through that garage door? Michael Proctor never stepped down in that garage to find out. What a shame. And look at the arm. Just look at John's arm. You don't need the top experts in the country, but you had them. You don't need the top medical minds on the planet on this issue, but you had them. These are dog bites and scratches. These are animal wounds. Not one witness has been called in their trial. Not one. Eight weeks in counting. Not one witness who disputes who actually disputes that John O'Keefe's arm injuries are from a dog. The Commonwealth could not find a single medical expert, a single medical witness who would come in here and tell you those are inconsistent with a dog bite or a scratch. And it's equally clear that there was no collision. Dr. La Pasada told you in probably the clearest voice in the entire trial. You remember her testimony, he didn't get hit by a car, is her words. He just didn't get hit by a car. You remember the question that was posed by Mr. Brennan. Did you consider the speed of the vehicle? And she said speed didn't matter cuz he didn't get hit by a car. She repeated it three times because the medical evidence proves it. The medical science proves it. There was no collision. Dr. Wrenchler told you unequivocally and just as firmly, he didn't get hit by a car. The Commonwealth has not met their burden. They cannot meet their burden. The Commonwealth hasn't called a single medical professional, not one, to testify that Jon's wounds came from being hit by a car. Not Dr. Scorty Bellow, not Dr. Isaac Wolf. Contrast that with the caliber and the quality of the experts who came in here to tell you what is obvious to anyone with common sense. Those wounds on his right arm are from a dog. This was not an oversight by the Commonwealth. It's just that there is no one out there, no matter how big a check you write. There's not a medical expert who's going to disagree with that. The fact is this is the central fact in the case. The only fact that's ma that matters is literally uncontested by every medical expert. Uncontested, undisputed. There is no evidence that John was hit by a car. None. How much more reasonable doubt could there be? This case should be over right now, done because there was no collision. So given all that, how did Karen Reed end up sitting here? Why is she even here? Why is she in that chair? Why is she in this courtroom? There is a reason for that. And it's a reason they don't want to tell you. And it's a reality they don't want to admit to. The reason we're here is because the system, the very system that was meant to protect her, that was meant to protect all of us, that system has failed badly. So now, let's discuss the facts that were and were not presented by the Commonwealth in this case. Over the next few minutes, I want to talk about the utter failure of the police to investigate this properly and to investigate this fully. And what you're going to see is that Michael Proctor, the lead investigator for the Commonwealth, did nothing to actually properly investigate this case. Let's start with the house. That's the most logical place to start. I think you'd agree. Brian Albert's house, where John's body was discovered lifeless in the lawn. A man, a police officer is found dead on the front lawn and no one secures the scene. No tape, no preservation of evidence, no crime scene log, no search warrants, no consent searches, no photographs of the house interior. They didn't treat the house as a crime scene. And shamefully, they didn't even treat the yard as a crime scene. The lame excuse offered by retired Lieutenant Gallagher. It was really cold and windy and I didn't know if there was a crime that had been committed. What? You didn't know that a crime had potentially been committed? You have a man laying dead in the yard and here are the undisputed facts that those officers were confronted with. Black eyes, obviously, black eyes are consistent with a fight. Bloody nose, also consistent with a fight. Bleeding from the face, consistent with a physical altercation. A cut over the right eye consistent with a punch. No coat in the freezing cold. Not dressed for outside. Dressed for inside. And one shoe on. I wonder where the other shoe could be. I don't know. Maybe in the house 30 ft away. And then you find a broken and shattered drinking glass next to him. The type of glass that you might find, I don't know, let me think about this. In a kitchen in a house 30t away. and John's phone was tucked neatly under his back shoulder. Lieutenant Gallagher actually claimed he did not know it was a potential crime that needed investigating. The neighbor across the street, Detective Lieutenant Keller, had a Ring camera, a Ring camera that was pointed at the exact direction where John O'Keith would have been hit. And nobody bothered to secure it. Nobody bothered to secure it. Nobody even bothered to look at it. Of course, this was a potential crime scene. Of course, it was. Let's not forget this was Brian Albert's house, and that comes with privileges. Quote, "Is the homeowner going to catch any shit?" Nope. He's a Boston cop, too. End quote. That quote starts to make a little more sense now, doesn't it? Michael Proctor wrote those words just hours after John's body was found. He sent this in a private chat, in a private text he never ever believed would ever be revealed. He sent that text in a series of messages that now belong to you. You weren't given the opportunity to hear from Michael Proctor, but you can read his thoughts for yourself, and I urge you, go read them. They're in exhibit 209 209, in case you're wondering. But here are the highlights. Proctor starts the conversation. Quote, "All the powers that be, one answers ASAP." He's getting pressure obviously. Get this done. His friend then asks what Proctor's probably thinking at the time. Quote, "I assume you guys are out to make it cut and dry since it involves cups. Something stinks." And Proctor responds, "Yeah, to the something stinks." And then he goes on, "But there will be some serious charges brought on the girl." Think about that. Hours into this investigation, there will be some serious charges brought on the girl. She's a whack job [ __ ] Yeah, she's a babe. Weird Fall River accent, though. No ass. No ass [ __ ] She's got a leaky balloon knot. Leaks poo. Zero chance she skates. She's [ __ ] And up to this point, Michael Proctor had done zero investigation, nothing, save talk to a grand total of three people, all of whom were named Albert or McCabe. That's it. And this was his mindset. This is the same lead investigator who sent the group chats that you heard about with Sergeant Butnik late night sitting at his office rifling through Karen's phone bragging about looking for naked pictures of her. That text wasn't sent to his buddies or his friends. That text was sent to his supervisors at the Massachusetts State Police for God's sake. And what was their response? Sergeant Buchanik liked this conduct with a big old thumbs up. He encouraged it. Ladies and gentlemen, a lead investigator is supposed, every investigator is supposed to be objective, an objective factfinder. No bias, no agenda. Michael Proctor went far beyond just insulting Karen Reed. He dehumanized this woman. He betrayed her as a human being. He was fired for this blatant bias. If the Massachusetts State Police can't trust him, how can you trust him with this investigation and with your verdict? And with Karen Reed's life, the lead investigator in a murder trial was never called to testify. Think about that. That should stop you in your tracks. Wouldn't you want to hear from Michael Proctor? Wouldn't you want to hear from the lead investigator in the case? Don't you have questions? The Commonwealth did not present their own lead investigator to the jury, the very jury who is charged with judging the investigation. Michael Proctctor clearly is radioactive and the Commonwealth stayed away from it. Michael Proctor is no longer a Massachusetts state police officer. He wasn't transferred. He didn't go on sbatical. He didn't retire. He didn't resign. He was fired. He was terminated for cause. The Massachusetts State Police investigated him, found him guilty of dishonorable conduct. Not just for those text messages, folks. For sharing confidential information with witnesses, and for bias, not just any bias. Bias in this case. Fired. This is the man who touched every single piece of important evidence in this case. All the evidence that was brought before you in this trial went through his hands one way or another. The shirts, the shards. Remember that when Mr. Brennan gets up and gives his closing argument, the shirts, the shards, all in Michael Proctor's possession. Mr. Brennan and the Commonwealth, I think, is have pinned their hopes on some microscopic pieces of or close to microscopic pieces of plastic that were claimed to have been scraped from the hoodie several months after the fact. What he failed to ask every single investigator, I'm sorry, every single witness is who had access to that shirt and who had access to those taillight fragments. And the answer is it was Michael Proctor. Not for days, not for weeks, for months on end, for months unaccounted for. before they were submitted to the crime lab, before they were ever scraped. Just go look at the chain of custody documents. You've got them. Why didn't Michael Proctor give those clothes to Marine Hartnett with the crime lab when she was at Canton PD just days after the fact to receive those solo cups? Remember that just a few days later, she was there. She drove up. She did the driving to take the solo cups in the grocery bag, which has a ridiculous aspect to it in and of itself as well. Why not just give her the shirts as well? Give her the taillight fragments if any were found at that point. Why hold on to them? What could possibly be a reason? Why wait until March to book those into evidence? Now, let's talk about some of the other problems with the Commonwealth evidence. As I indicated, there was no blood, no skin, no tissue, no DNA found on a single piece or shard of the taillight that the Commonwealth claims cut and sliced into John O'Keefe's arm. Where is that trace evidence? Where is that biological evidence? The DNA, where is it? They've got nothing. Not a single piece that the Commonwealth wants you to believe cut up John's arm. How is that possible? It's not possible. The only way it's possible is if those shards never touched his arm cuz it was a dog. Oh, and the one sample of DNA that they did find, by the way, was found on the outer smooth part of the housing, not any shard. It was the outer smooth part of the housing. Nothing that they claim actually came in contact with John O'Keeffe. Number two, that sample had DNA of two other men. two other unidentified males. That tells you that that DNA had nothing to do with a car strike. That DNA would be expected to be John's DNA would be expected to be all over that car, inside, outside. He had access to that car for months and months and months. He was in and out of it all the time. Show me some blood, then we'll talk. They can't and they won't because it doesn't exist. The SUV never hit John. The hair found on the bumper. The Commonwealth really stretched its own credibility on this one. That magic little hair on the SUV supposedly survived a 37 mile drive in 47 mph winds. But that little magic hair just clung there. Just hung on. That same hair that moved in between photos in the Sallyport. Remember that there were two photos taken and it was either the breath of the photographer or just the movement of walking by the hair. It literally moved between the two photographs. But that hair is supposed to have hung on in a 37 milei drive in a blizzard. The only thing that hair proves that the Commonwealth is embarrassingly grasping at straws. That that hair has nothing to do with anything. But it doesn't stop there. There was another revelation at trial, a big one, a huge one. And it came from a very unlikely source. Christina Hanley, the quiet, reserved criminalist who told you something the Commonwealth likely did not want revealed because it's devastating to their case. Absolutely devastating. And it's this. The glass on the bumper didn't match the cocktail glass. None of it. Remember February 11th, Michael Proctctor, without any other person with him, no witness, no supervisor, no other person with him, claims to have found a single piece of glass at the scene. February 11th, single piece of glass, Michael Proctor. Keep that in mind. Interestingly, the glass on the bumper that didn't match the cocktail glass, one piece did match one other thing, the Proctor glass. Those two go together. The only two things that go together from that bumper are the proctor glass. There was We know that there's no glass on in the tail light. We know that nothing else was shattered on the vehicle. Therefore, that glass had to be placed there. Didn't come from a crash. Didn't come from a a cocktail glass. So, how did it get sprinkled on the back of the bumper? Whose proverbial fingerprints are on that glass on the bumper? The only thing it matched was Michael Proctor. What about the Ford Edge and that snowplow driver, Brian Lan? He observed that Ford Edge parked outside Brian Albert's house at 3:30 a.m. That vehicle was moved directly in front of where John's body was found sometime between 2:30 and 3:30 in the morning. The only person connected to a car of that making model, Brian Albert. Michael Proctor did nothing to investigate that point. Did nothing to investigate whose Ford Edge was parked in a in a spot specifically to block the line of sight in the exact position where John's body would be later found by Karen Reed. No one, not Michael Proctor or anybody else, checked it for evidence. No one even asked any questions about it. That Ford Edge, Brian Albert's Ford Edge, completely ignored. Michael Proctor failed to interview obvious witnesses in this case. Why? Why didn't he want to speak to the snowplow driver, Brian Laughron? Why did he falsely claim that no one plowed the roadway that morning when police dash cam video, you saw the dash cam, it shows plows going back and forth all morning? Why did he wait so long, years even to interview Heather Maxon going individuals who literally outside 34 Fairview at the exact same time John and Karen arrived at Brian Albert's house that night. Brian Lochan, had he been investigated or interviewed, would have told uh Michael Proctor that he drove past the lawn multiple times on January 29th and there was no body on the lawn. He would have had a perfect view. Remember the weatherman told you there was only enough snow at that time. I think he said in a very charming phrase, "Only enough snow to track a cat." I think that was it. There was nobody there. Heather Maxon and Ryan Nagel would have told him that they arrived at 34 Fair View shortly after Karen and John pulled up behind them and they would have told Michael Proctor, uh, at least Heather would have told Michael Proctor that when she left 10 minutes later, she drove past the SUV and observed Karen Reed in the driver's side, dome light on, passenger seat empty. So, where was John? Wasn't outside. Wasn't sitting down. laying down. There's only one place he could be. We could all say it together if you could talk with me. He was in the house. But Michael Proctor did not want to have those answers. He did not want to have to disclose those answers. He didn't want the truth. The Commonwealth has presented a shred of evidence of when Karen Reed consumed her last drink that night. Think about that. That's critical information that the Commonwealth has to prove beyond a reasonable doubt and to a moral certainty. They have to prove when her last drink was that night. They have to prove it. We don't have to prove or disprove anything. Every single witness who was asked and who had an opportunity to observe Karen that night said the same thing. She wasn't drunk. She wasn't stumbling. She wasn't slurring her words. She was, in the words of Miss Kolus, completely normal. Even Jennifer M. McCabe grudgingly had to admit that fact. It's on video. Instead, they use Yuri Buchanan to try to come into court and count sips of alcohol, which he admittedly got wrong. According to Ian Wan, the Commonwealth own expert, the location data, using location data on John's phone showed Karen driving lawfully. She was driving safely. She was under the speed limit. She was slowing and stopping at stop signs, slowing around corners, and Ryan Nagel corroborated that when he saw her make that left-hand turn onto Fair View. The Commonwealth has an incredibly high burden to prove that Karen was driving under the influence. They have failed to prove that beyond a reasonable doubt and to a moral certainty because it depends on when she had her last drink. What happened after she got home and she was upset with John for not coming back out of the house? That would answer that question. As you well know, no one searched the house for signs of a struggle. Not that night. Not the next day. I'm talking about 34 Fair View. Not ever. Not once. Not with a warrant. Not with consent. They never went into the basement, the stairwells. They didn't look at the walls. They didn't look in the garage. Nothing was ever examined. Nothing was checked for be for blood. Nothing was checked for DNA. They didn't look for alleged or riged surface. Zero. You'll remember how surprised Jennifer McCabe was to recall that there was a garage door even on the house. Except this was her sister's house. She's been going to that house since she was five. She's seen that house. She's been in and out of that house hundreds of times, maybe thousands of times. She's been going to that house her entire life and yet she acted surprised when I asked her about it. Remember Jennifer McCabe's answer when I asked her where there whether there was a door at the garage. I was asking her about the front door, the side door, and the garage door. And her answer was, "Oh, actually there is a garage door right there." Investigators never opened that door. Let's change the scenario. What if it wasn't the house of a Boston cop? What if What if it wasn't the house of Brian Albert? We can be certain that investigators would have torn that house apart to get answers about why a fellow police officer was laying dead on the homeowner's lawn. You can beta. But because this was Brian Albert's house, a Boston cop. Nope. And because he was a fellow cop, an insider, they didn't even open the door. That is not justice, folks. That's just pure favoritism. Each of these facts is more than a question mark. They're failures of duty. They're blank spots on a map where justice is supposed to live. And every single one is a reason why you cannot convict Karen Reed. Reasonable doubt abounds. If the Commonwealth failed to investigate every reasonable alternative, how dare they? How dare they come in here and ask you for a verdict? They didn't investigate the case fully. And yet, they're asking you to take the easy road and do their job for them. These facts do not res represent reasonable doubt. Nothing does. Every one of these facts that you're seeing that we're talking about represents reasonable doubt. Everyone. The police and the prosecution are in a position to take people's liberty. It's the most dire and consequential act a civilized government can take against one of its citizens. Their obligation is not just to try to get it right. They have to convince you to the highest degree of certainty known in human affairs. They have to do it all, every bit of it beyond any and all reasonable doubt. And they have not done that here. And how about the homeowner himself, the host, the first responder, the Boston cop. Brian Albert, who was sparring and practice fighting with Brian Higgins just minutes before John O'Keeffe appeared at his house, 34 Fairview. Brian Albert, who was watching Khloe that night, the German Shepherd. Brian Albert, whose phone and his wife's phone were never secured. Brian Albert, who never came out of the house. But that doesn't mean he wasn't awake. It doesn't mean that he wasn't on his phone. Think about this. Jennifer McCabe claimed that her sister and Brian Albert both slept through this complete chaos right outside their bedroom window. But Jennifer McCabe's phone records tell a different story. And they tell the truth. She spoke with them for the better part of a minute, 38 seconds to be detailed about it at 5:07 a.m. And then she lied about that call. Remember that? What was the reason for that call at 5:07? Was it panic? Was it a warning? We know that conversation took place at the precise time Karen left her house to go search for John. 507. We could answer those questions if we just had access to their phones. Brian Albert, Brian Higgins. But Michael Proctor wasn't interested in their phones. Not only did he not secure their phones, he never even asked. And what about Brian Albert's dog, Chloe? A dog with a history. A dog that is quote not good with strangers. Dr. Russell confirmed that Jon's patterned injuries were from a dog just like the dog Brian Albert owned. And then Khloe just disappeared. Not there the next morning. None of the officers that you heard from said that there was a dog in the house. They didn't see her. She was just gone and then ultimately gotten rid of altogether. Who gets rid of their family pet unless they had something to hide. Michael Proctor wasn't interested in that either. Let's not talk about that later that caused them to straight. Let the dog go. Matt McCabe, whom the Commonwealth did not call in this trial, instructed the group in that group chat, you'll recall, "Tell him to say the guy never came in the house." Think about that exact quote. Tell him to say the guy never came in the house. And Brian Albert, the patriarch of the family. Exactly. He blessed it. With the truth, as we all know, you don't need to get your story straight. You don't need to tell someone what to say. It's just it's just the truth. And what about the Google search? A Google search that Jennifer McCabe admitted having made. A Google search that was timestamped by Celebrite at 2:27 a.m. A Google search that read Hustlong to die in cold. It is uncontested and undisputed that that search was deleted. If the 227 a.m. time stamp is not true, why does Jennifer McCabe have to lie about it? Why delete it? If the 2:27 a.m. time stamp is not true, why create a false story about Karen screaming ghoul hypothermia? That's just a fabrication. That's just a madeup fact. And by the way, if someone does tell you Google hypothermia, why would you Google how long it takes to die in cold, wouldn't you just Google hypothermia? Jennifer McCabe enlisted Carrie Roberts to help shift the blame to Karen. Why go to that much effort unless you're trying to cover for something? Keep in mind the entire foundation the entire foundation of her claim that Karen said Google hypothermia is this fantasy about Karen screaming it at the location at the scene. That's her entire excuse. But that story went completely off the rails when Carrie Roberts admitted that she perjured herself to back up Jennifer McCabe's false story. That was a dramatic moment in court. It's an admission of perjury. And you don't see that very often in a courtroom. That tells you everything you need to know about the character and quality of the prosecution's case and their witnesses. Lying and perjury and admitting to it. A fundamental tenate of any investigation is to ensure that witnesses are independent and not influenced by other witnesses. You start by separating the witnesses. Michael Proctor did none of that in this case and we see the results. Think back to Jennifer McCabe's own text messages with Carrie Roberts. What Carrie Roberts sorry about Carrie Roberts, not with Carrie Roberts. Notably, what Carrie Roberts didn't know was at the time she was being interviewed by the police, Jennifer McCabe was in real time, she was bragging about having influenced Car's testimony or her statements to the Alberts and the Mabes. Quote, she's telling them everything, all the stuff. Remember that timeline that we talked about with Jennifer McCabe? That's what she was referring to. She's telling him everything. Everything that Jennifer McCabe had put in Carrie Roberts timeline. The Commonwealth wants you to believe that Karen Reed made a statement at the location at the scene. I hit him. I'm sure you'll hear that from the prosecution in their final arguments. But their own witnesses contradict that. Jennifer McCabe admitted on cross-examination that her very first statement to law enforcement, her first statement to law enforcement confirmed that Karen didn't say anything. She asked, "Could I have hit him? Did I hit him? Is he dead?" The physics and the science answer that question. Could you have hit him? No, you couldn't have. Sergeant Buchanan also testified that the only statements Kieran Reed made at the scene according to his conversations with the first responders was, "Could I have hit him? Did I hit him?" It wasn't a confession. It was confusion. And Dr. Russell explained that confusion. She told you why Karen Reed or anybody in that position might ask those questions. She was suffering from extreme grief reaction, which according to the evidence can last for years. Even her medical records confirm that diagnosis. It's common to ask those questions in grief. It's common to ask those types of questions in shock. You're trying to make sense out of the nonsensical in the moment. And the Commonwealth has tried to twist those words into a confession. There is no evidence that any officer at the scene ever heard Karen Reed say, "I hit him." Not a single police officer at the scene came in to support the Commonwealth's claim. It's not on video. It's not on audio. It's not in a single police report. It's not in a single EMT or EMS report. Nowhere. The fact is Karen never said, "I hit him." You saw the video. Multiple officers were right there. She simply never said it. What did Jennifer McCabe do and not do when she got to 34 Fair View? She would have you believe, I want to set the scene for you, that she's confronted out of the blue with John O'Keefe's lifeless body. Her friend John O'Keefe, he's bruised and battered. He's bleeding. His eyelid is cut. His nose is bleeding. Karen is screaming at the top of her lungs. Carrie Carrie is screaming back to Karen, "Shut up!" Both women begin crying. Both women are giving CPR. There's chaos everywhere. It's building in the yard just feet from Brian Albert's house. Brian Albert's window. Jennifer calls her sister at 6:07 with all this chaos going on. No answer. Jennifer calls her sister at 6:08 with all this chaos and bedum going on. Still no answer. No lights come on in the house. In the midst of all this screaming and this chaos, Brian Albert doesn't come outside. Nicole Albert doesn't come outside during this maelstrom. And yet Jennifer McCabe never goes inside to check on her sister. There's literally no signs of life inside the house. And Jennifer McCabe doesn't take a foot, a step inside that house to check on her family. Why is that? Does that make any sense? anyone everyone would sprint inside the house to make sure that there's no one in there that was hurt or injured or god forbid dead. Everyone would do that. But not Jennifer McCabe. The only way that makes sense is if Jennifer McCabe already knew that Brian and Nicole were just fine. That's the only reasonable explanation and the only way she would know that they were fine is if she knew what happened. But Michael Proctor never explored this incredibly suspicious behavior. Don't you have questions? This would give anyone reasonable doubt. And don't you have questions also about Brian Higgins? Michael Proctor certainly didn't. Higgins had been sending flirtatious and romantic texts to John's girlfriend, Karen Reed. You'll remember I asked Sergeant Buchanan a simple question. Were those texts flirtatious in nature? He refused to answer that simple question. Do you remember that? Quote, "I'm not comfortable putting a label on that." End quote. We read the texts. It's not a secret. Of course, they were flirtatious. Of course, they were romantic in nature. The reason he refused to answer that simple question is telling. It's because these flirtatious texts establish a motive for Brian Higgins. Sergeant Buchanan could not bring himself to tell the truth. His bias was on full display. He was covering for another cop. Investigators also ignore Hig ignored Higgins suspicious late night visit to the Canton Police Department. That was after a night of drinking, by the way. Why didn't they investigate this? What was so important that Higgins need to go needed to go to the police station at that time, 1:30 in the morning, while drunk? By the way, why weren't they interested in those facts? Remember, he's an ATF agent. He's a cop, a member of the Blue Wall, and best friends with Brian Albert. He would know that the CPD would be the first to get the call when someone reported John missing or injured. He would know what to look for, what to listen for to determine if a report had been made and when and what the response was going to be. You saw the skullking through the hallways with his hood up, moving bags between cars, and of course that late night mysterious phone call on his cell phone, a phone that you don't have and that you'll never see. All of that and Michael Proctctor never gave him a second look. All of that in the Commonwealth, who's supposed to be after the truth didn't call him to the stand. If you have any unanswered questions about Brian Higgins, that's reasonable doubt. The police didn't interview Brian Higgins on January 29th, 2022. But he was at the police station, as we've just seen. You heard evidence that Higgins and Chief uh Chief of Police Kenny Burkowitz, also good friends, were in the Sallyport together. with the SUV for a quote wildly long time. Kelly De, another Boston cop, told you that. She also told law enforcement agents that she found it quote weird that Higgins could have access to that very sensitive evidence, the SUV. Folks, there is never a situation in which a witness, a potential suspect even, should be given access to the evidence in a case. But that's exactly what happened here. Higgins was given unfettered access to that SUV and its tail light nearly immediately according to Kelly Dever's statement to law enforcement. And it was at that exact time, the exact moment that Higgins would be in that Sallyport that the 42 minutes of the Sallyport video, it's just missing. It's just gone, vanished. Well, that's convenient. Now put in context the condition of that tail light when it was actually seized in Don. It was cracked but not completely damaged. I ask you to compare and contrast officer Kelly Dever. Her attitude, her demeanor. That's all for you to judge. Her attitude, her demeanor, her truthfulness, her motives from the witness stand. Compare and contrast that to Sergeant Nick Baros. Who's more believable? Officer Baros is unattached to any of the players in this grand play directed by Michael Proctctor. He's truly independent. And what did he tell you? Was the tail light? He was asked, "Was the tail light in this condition when Michael Proctor picked up that SUV at 412?" His answer, absolutely not. Absolutely not. It was cracked, but not completely damaged, not smashed out like that. So, how did the tail light get cracked? How did it end up in the condition where it was cracked as Officer Barrow saw it, but not completely damaged? Well, you don't have to guess. There's a video. Just watch. That's how it got cracked. And Judson Welchure's own recreation confirms it. Look at the contact. That's from the Commonwealth expert. And that further is confirmed by the fact that there were no tail light pieces found in any of the initial searches conducted at the scene. Two searches, 50 foot area searched. Not a single fragment was found until after until after Michael Proctor had access to and control of that SUV and its tail light. What does that say about the character and quality of this case? It's revealing what happened here at trial. One of the most dramatic moments probably of the trial. Kelly De, how can you trust this investigation when you saw how far a police officer will go? You had a front row seat to the power of police manipulation and police corruption. A front row seat. Kelly De was interviewed by a separate law enforcement agency. Not a friendly department, not Boston Police Department, not Michael Proctor's MSP, a different independent agency. She told those law enforcement agents in a formal interview that she saw Brian Higgins and Chief Kenneth Burkowitz alone in the Sallyport with the SUV. She was detailed. She was clear. She was unequivocal. She remembered the specifics. She recalled how it made her feel quote weird. She recalled uh that how long Higgins spent a quote quote wildly long time as she described. These are all incredible details to tell law enforcement. She couldn't have been clearer. She couldn't have been more specific. But then she's put on a witness list and she's subpoenaed by the defense. Oh boy. Then this rookie cop was called up to the police commissioner's office, the same commissioner that was the boss of Brian Albert. How painful is that? a private meeting and he says, "Wink wink nod nod. We support you." He's putting a lot of nonfacts into evidence. He's doing a fairly good job. What else is reasonable to believe? If there wasn't a response, she claims she But I mean, all of this here is just stuff not not in evidence. But the commissioner of the Boston Police Department certainly said something to this rookie cop. And all of a sudden, that detailed, unambiguous, unequivocal statement to law enforcement became what? What did she say? A false memory. Not I didn't say it. She admitted she said it. She admitted she detailed the entire story. She just said it's a false memory. What? So, she's called to the commissioner's office to make sure that she would do the right thing. That's why she was called. And now we know what that is. Why would they cover up my entire career depends on what I say here on the stand? I'll quote that again. Doesn't make sense. Quote, "My entire career depends on what I say here on the stand." You bet it does. That's how it works. And that's how we got here. At the end of the day, you have to ask yourself, can you trust the Commonwealth's case? Can you trust their witnesses? Can you trust their evidence? And here are a few of the highlights. A video that was played in a courtroom and sold as accurate turns out was completely inverted, flipped backward, completely false. the test that formed the basis of their entire theory of the case. Wrapping up now wonder, watch closely as Dr. Welchure stands as a surrogate. Is that a righteous test or is that a manipulation? Dr. Dr. Welchure tried to deceive and fool you by leaning into the car, manipulating the results of his own test. When the truth was revealed by Dr. Wrenchler, the Commonwealth spent the next hour cross-examining it about how that test was meaningless. It actually didn't mean anything. Well, that's convenient now that we realize that it was a manipulated test and it actually does mean nothing. It didn't represent the theory of the Commonwealth's case. That's what was suggested. That test does not represent the theory of the Commonwealth's case. Really? Then why was Dr. Welchure playing dress up in John O'Keefe's clothes or identical clothes to John O'Keefe when he was holding a glass. Why was he holding the glass right behind the vehicle? And why was he standing with his right arm oriented to the right rear tail light if he wasn't trying to recreate the circumstance that is the Commonwealth's entire theory? The Commonwealth stood up here with a straight face and told you they weren't trying to suggest that that's how John was hit by the car. Of course, they were trying to suggest that's their theory of the case. They only abandoned it two days ago when it was revealed by our experts that it's physically impossible. That silent witness, that science, that physics has become very pesky to the Commonwealth because there was no collision. Dr. Welchure also told you under oath that there were no X-rays taken of John's arm. He tried to deceive you into believing that John's arm might have been broken. I don't know. I didn't see any X-rays, so I can't tell you what the damage was inside the arm. Really, the Commonwealth has had those X-rays in their possession for 3 years. And again, it took the defense to bring out the truth. The X-rays do not fit the Commonwealth's theory, so you weren't shown. And Dr. Welchure wasn't going to admit it. And my goodness, then we get to the sweatshirt. That was a moment. Mr. Brennan stood here in front of you and dramatically held up John's sweatshirt, not just to the witness, but to you, and asked Dr. Wolf about it multiple times, specifically while it was in that plexiglass, asked Dr. Wolf about the multiple holes in the back of the sweatshirt. He interrupted Dr. Wolf and Dr. Wolf started to look in a plastic bag. And he said, "How about here? Here here's a hole. Here's a hole. Here's a hole. Here's a hole." Dramatically tapping on that plexiglass. It was clear what the suggestion was. That the holes in the back of John's sweatshirt were from January 29th. That's the impression that was expected to be left with you. That's the impression that he wanted to leave with you. And that's false. The truth is the Commonwealth created those holes. They aren't holes from Road Rash. They weren't made on January 29th. Those are cutings from the Commonwealth's own crime lab, folks. That's what those holes are. And even with three prosecutors, all three of them sitting right there in the room at the time, it had to be the defense to correct that record to bring out the truth. If we hadn't done that, what impression would you folks have been left with? That's more than negligence. That's dangerous. It's dangerous. I'm going to guess that Mr. Brennan's not going to say much about this, about the fraud that was attempted on you. And if he doesn't, that speaks louder than any concocted excuse that the Commonwealth might come up with. It's shameful. It's shameful. We are after the truth in this courtroom. You're entitled to it. Demand it. You can't handle the truth. Why would the tell the truth about why you're having sex with the uh defendant? It's desperation. They know allegedly what you now know, what their experts know. There was no collision. So, now we've reached the final moments of the trial and you've seen the facts and you've seen the evidence and we've just talked about dozens and dozens and dozens of facts that are reasonable doubt. Each one of them are reasonable doubts. These facts, these note cards that you're looking at piled high, one on top of another, literally stacks and stacks of them covering the table. As you mentally sift through those cards, realize that every one of them is a massive hole in the Commonwealth's case. Every single one of the the note cards represents a hole in the Commonwealth's case. If you're holding mentally even one of those cards, you're holding reasonable doubt, folks. You're holding a not-uilty verdict. Reasonable doubt is not a sliding scale. It's a wall. If the Commonwealth cannot get over every one of these dozens of walls, you have to acquit Karen Reed. The truth is Karen Reid is not guilty. Not because of technicalities, but because the facts, the law, the science, the physics, the data, they all say so. They demand it. The Commonwealth does not have a theory about how Jon was hit by the car. They haven't even shown you that it's possible that he was hit by a car. And the reason they haven't is because it's not possible that he was hit by a car. There was no collision. Your job is not to do their job, their burden entirely. It's theirs. They have to prove this case and their theory beyond all reasonable doubt and to a moral certainty. And not only do they not have a theory, they can't prove one that doesn't exist. All you need to know is that the Commonwealth failed. They failed to provide you with a truthful representation. They failed to prove the essence of their case that Jon was even hit by a car to begin with. They failed to prove any intent on the part of Karen Reed because she has none. They failed to investigate the actual suspects in this case. They failed to present the lead investigator to you. They failed to justify the perjured testimony that you heard discussed in this case. They failed to hold accountable an officer who came in here and lied to you and claimed false memories so she could do the right thing to cover for a fellow cop or cops. They failed to maintain a fair and unbiased and honest investigation. They failed to present you with the truth. And this is what you get. An investigation that's riddled with errors and omissions and a rush to judgment and conflicted and corrupted from the start. Every part of it, that is the literal definition of reasonable doubt. How can they ask you to be morally certain based on this evidence? It's a tragedy. When the government fails so completely, so catastrophically, when there are dozens and dozens of points of reasonable doubt on the table, your duty, your oath, your oath is clear. Your sworn obligation under the law is to acquit Karen Reed. Not just because you can, because you must. Justice demands it. Do not let the Commonwealth get away with this. Don't let them get away with this. Do not endorse and sanction an investigation that is broken and corrupted top to bottom. But just as importantly, do not let Michael Proctctor get away with it. And make no mistake about it, folks. If you convict Karen Reed of anything, if you convict her of anything, science, the physics, the data, they lose. But tragically, Michael Proctor wins. Remember his texts? Something stinks. Yeah, but serious charges will be brought on the girl. She's [ __ ] Could you ever ever say to yourself, "This is justice." The fact is, there was no collision. car did not kill John O'Keefe. So I ask you, let your voice be heard not in whispers but in truth. Let the community feel through your verdict that justice cannot be bent and that it will not be buried. Find Karen Reed. Not guilty. Not guilty. Not guilty. Thank you. Thank God it's over. Oh, break. That's interesting. John O'Keefe was 46 years old. 46 years old. He spent his life helping people. He's described as a good man, kind, generous, thoughtful. He was a Boston police officer. He worked to help the community. Everything you've heard about this man, he was a good man. He helped people. When his niece and nephew had nobody, he took them in. He took them in. John O'Keefe seemed to be the type of person who would help anybody at any time. And on January 29th, 2022, John O'Keefe needed some help. He needed help from somebody else. You see, John O'Keefe had just been hit by Karen Reed in front of 34 Fairview Road, and he lay on the ground dying. And he needed help, someone to reach out a hand, someone to knock on a door, someone to make a phone call to 911, even anonymously. not take responsibility, just to help. And there was only one person in this entire planet who could help him that morning to give him a chance. Maybe it was a 33% chance if he met the Isaac Wolf of the world. But to give him a chance and that one person who could help him that morning was this defendant right here, Karen Lee. And she made a decision. in her Lexus with the shattered tail light. Debris failed all over the front yard and Jon O'Keefe lying helpless like a child on the front yard. She made a choice. She didn't call 911. She didn't run to his aid. She didn't knock on a door. She made a decision about herself. in her Lexus. She drove away. She was drunk. She hit him and she left him to die. She was drunk. She hit him and she left him to die. Before I go through and detail the evidence, let's talk a little bit about the evidence as a whole. She was drunk. She was drinking that night. She was drinking at McCarthy's with John. She was drinking at the waterfall. Her blood was taken with samples of a retrograde analysis almost two to three times a legal limit. She was drunk. She hit him. The timeline in this case is beyond dispute. Dispute. You can accuse, assault, characterize, malign, twist. The timeline doesn't change. It is data. Data is data. The black box, the forensics from the SD card. We know exactly step by step where they were. We know in that window she hits him because he never moves again. his healthcare data, the temperature on the battery of the cell phone, the physical evidence, the debris failed, the DNA, the hair, and then she left him to die. He had a basil skull fracture countercoup. You heard all about it. When the back of your head hits the ground and the brain comes forward, Dr. Wolf told us the reason why they have level one trauma centers around the country is because people can survive this injury if they get help. That's why they have this care. That's why they have these hospitals. But you got to get help. You got to get help. And if you don't, you develop symptoms. Echimosis, raccoon eyes, your brain swells, and you die. She was drunk and that night was a recipe for disaster. But before we get to the drinking, in some ways the fate of this night was sealed well before that night because John O'Keeffe and Karen Reed were in a toxic relationship. This relationship was crumbling. And we hear loveydovey and it was crumbling and we know it. And we know it because a month before his niece Kaye talks about when they went to Aruba. It should have been a wonderful event. It was discord. It was fighting. It was aggravation. And when they got back the discontent was palpable. Miss Reed reaches out to Brian Higgins text messaging. John O'Keefe. The relationship is crumbling. And you heard a little bit about what that relationship was like. Haley, his niece, told you when there was an argument, John would do what John does. He would walk away. She described to you one time to get away from the scene. He walked into his bedroom, but the defendant wouldn't let it go, pounding on his door, having to get the last word, never letting go of the fight. kind of mirrors what happens on January 29th, 2022. And maybe outwards of Paris, they got along. Maybe sometimes quietly they got along. But behind closed doors, relationships have up and downs. We have a bird's eyee view into the relationship on January 28, 2022. Because we have the text messages, not so loveydvey. The relationship is almost over. The tensions are simmering beneath the surface. They are not getting along. Chief believes Mr. Keith is already halfway out of the relationship and he's not into it anymore. You will read them. You saw them. This relationship was unstable and at its end. And so, fast forward that night. That night after this discord, after the arguing, they go out and what do they do? They drink. And they drink a lot. So he drinks a lot. And Karen Lee drinks a lot. You've seen the Macarthur videos. You can call it six, seven, eight, whatever you want to call it. You can see the shots into the mixed drinks. More shots into mixed drinks. Count them yourself. over a half dozen mixed drinks in just a few hours. Sober and then at the waterfall a shot a mixed drink. Now it was brought up the waterfall that there was some type of discord between Brian Higgins and John O'Keefe. They knew each other. They were friends. Brian Higgins conduct of speaking to Karen Reed is not honorable. It's not But they were friendly. There was no adversarial relationship. There was no anger between them. What we heard is they barely greeted each other. Could we have slide one, please? At the waterfall bar when you see John O'Keefe coming. Here's him barely greeting him. That's him and Mr. Higgins barely greeting each other. Reality sometimes is different than argument. This is a celebratory move. Take that down, please. Celebratory move. A bunch of friends. They're playing around. They're hugging. They're grappling. This is a fighting technique for a murder two hours later. Is that the story? They're practicing their moves to murder John O'Keefe. In this celebratory mood, you don't see any aggravation or animus between Brian Higgins and John O'Keefe. Inevitably, the next morning, Karen Reed is brought to the hospital and they take her blood. Now, the government doesn't have to prove that she was drunk. It is either she's over the legal limit 08 or she had enough alcohol to affect her ability to operate a motor vehicle safely. But you will know that she was far beyond the legal limit after the retrograde analysis. Almost two to three times the legal limit. Almost two to three times the legal limit. Now, it's been intimated, intimated, not come out and said, that maybe she went home and started drinking after she got home. No evidence, mind you. No evidence. And that somehow that is why she had a high blood blood alcohol level. It's not appropriate me for me to comment on the credibility of another attorney's argument, so I won't do that. But Karen Reed will do that for her. So if we listen to slide two, she'll tell you exactly what she thinks about that claim. My alcohol intakes probably about five or six or four. The drinks that they were pouring me at Harley, which is where I consumed most of the alcohol, was the weakest at the time. It tasted just like old soda water with blue lime flying three place. I wouldn't have gotten on the expressway. I I wouldn't have gotten on the expressway at 12:15. I mean, it was quiet. The roads were very quiet. You can see how it feels. Um, and I was going, you know, when I've had a few journales and like I know like my my alerts aren't aren't as sharp as they should be. Um, but I shouldn't have been driving. Do you think she drank when she got home? When they leave the waterfall bar at 12:12, you see a video, you have it in evidence. There's a still photo of John O'Keefe holding a glass, not from the Albert's home. He didn't sneak into the house in the cupboards and grab a glass from the waterfall. You see him with a glass and in it is a straw. Take a look at that picture. And now from 1212 on, we virtually have a historian in the data that tells us exactly where he went, exactly step by step where he went. And how do we have that? Well, we know the defendant's car had like a black box. And Jud Welchure, Dr. Jud Welchure Doug Welchure took the data from the blackbox and downloaded it so you can see the movements and the triggering events. And then Shannon Burgess, well, you don't like what he says, don't attack the data, attack the man. He can be mocked for his LinkedIn profile or his undated CV. But what he did is he found a key critical piece of this case that did not. And it was that SD card. The SD card that everybody missed, including the defense expert. Everybody missed it. So, as much as you want to make fun of him, Shannon Welchure found the key so that we could have the time and date and location coordinated for an impenetrable timeline that can't be broken. That's what Shannon Burgess did. And so we know on the way from the waterfall to 34 Fair View, Miss Reed is driving, Mr. O'Keefe is in the passenger side of the car and they're heading their way to 34 Fair View and they get lost. And now we have more data because John O'Keefe has a cell phone. And I said it in the beginning, it is a historian. Doesn't suffer from bias. It doesn't suffer from prejudice. It doesn't suffer from memory loss. It has data on it and he puts on ways high location data as Ian Whiff would say and it tells you second by second the speed, the location, the movement. That's what it does. And he has healthcare data on that phone. The healthcare data separately shows his movement. And that is critical. It is critical because it not only shows his movement, it shows when he does not move. that healthc care data is critical and it's not subject to bias. It's not in dispute. There's no other contrary evidence. It is data. On the way to 34 Fair View, alcohol fuels tension. We know that and we know from those text messages the tension in that relationship. And then there's a trigger. There is a trigger on the way because they're lost. And when John O'Keeffe calls Jen McCabe for directions, Jen McCabe says something that triggers what's going to happen next. Could I have slide four, please? Very close to the Alberts. In fact, when Jen was navigating John to the Alberts when I was driving, she said it's near Ashley's house. Ashley and John had hooked up prior to John and I dating. And so as they travel to 34 Fair View under the duress of this crumbling relationship fueled by intoxication, we have triggers. Now we know on their way there, we know from the data, the data where they went, how they moved. If we look at slide five, Ian Whiffin showed you a guide. You could enlarge it a little please. And it shows you with the healthcare data, it registers a slight climb, but it doesn't mean someone's climbing upstairs. What it means is there's an elevation and he breaks down the data, the red, the green, if you can move down and then the bottom left, that's 34th Fair. You can see second by second the circles of their route. Even the three-point turn on Cedar Crest, that's what you see at that point. They've left the bar. Remember the battery temperature was 82 degrees. They're now in a car it's now 77°. Think about how accurate the battery temperature is that it reflects the difference between being in a bar and being in a car. They take a three-point turn at Cedar Crest and because of Shannon Burgess and because of Jud Walter, we have the data and it's a triggering event. Remember, if there's an acceleration past 30%, it registers data on the car, and that's exactly what happens. There's a three-point turn, and it all lines up with the cell phone after you synchronize the times. It's that simple. There's nothing complicated. There's nothing tricky. There's nothing devious about it. It's data. They do the three-point turn and you can match the cell phone clock with the Lexus clock. And when you do, you can reconcile the difference. There's been a lot of talk, a lot of argument, a lot of fights. Shannon Burgess says 21 to 29 seconds. Mr. Dorger comes in. Unfortunately, he wasn't able to actually do anything. He wasn't given the invitation to test the data. He just looked at the court and make criticisms like a Monday morning quarterback. But even he looking at the data says, "Well, it's 3 seconds off or 2 seconds, same window, same time, can have all the arguments we want. They're there. They're together. The data matches up perfectly. Perfectly." And so they make their way down to 34 Fairview Road. They don't stop. They don't stop at the driveway. They don't stop. And John O'keefe gets out of the car. They go to the flag pole. And we know two reasons. One, the data. And secondly, Mr. Nagel and Miss Mason at Cedar Crest at that intersection before it goes down to the right. They meet. They let Karen Reed go first. They fall behind in the truck. Now, at this point, Mr. O'Keefe has about eight more minutes before the beginning of the end of his life. And he's in that car. He's in that car for most of it because Miss Nason and Mr. Nagel don't see anybody get out of the truck. Nobody crosses the lawn. Nobody goes to a garage. Not just because they didn't see it. They didn't. Not because they didn't see it. Because the healthc care data on the phone shows that John O'Keefe is not moving. The car is stopped to the flag pole. The healthc care data stops. The battery stays at 77 77°. The data is the data. You can't change it as much as you want to. It's data. And they sit at that flag pole for minutes. It's 12 24 33 when they get there. They're there past 12:30. Remember Miss Mason and Mel said they're about there about 5 minutes and then they go. It's not exact, but about 5 minutes they said. So there's about 2 minutes left for John O'Keefe. And what are they doing in those two minutes? What are the last two minutes of his life that he can remember that would be open to him? They're arguing. They're arguing. They're arguing. And we know they're arguing because Miss Reed toils us through first responder Becker. She was sad. Remember, he sees her in the back of the ambulance and he's trying to calm her down. She was sad because her last moments were arguing. They're in an argument. That's why they're not going in the house. But John O'Keefe decides to get out of the car. And we know because the dome light goes on. That's what happens when you open a door. Whether he's bent down, he's standing outside or on the other side, the dome light is on. And then you see the data. John O'Keeffe begins to move 123156. It's the first time he has moved since they got to the flag pole and it will be the last time he moves in his life and he moves to 20 seconds. Ian Whiffin said that the satellites they move, they reconnect, they pull information. He's no longer on high frequency data cuz waves are shut off. Now it's more random. It's low frequency. We would never suggest and Mr. Whiffen did not claim based on location data alone at that point. You can tell exactly where Jon O'Keefe is. What he said is it was readings all night. The bullet is always near the flag pole. That doesn't mean he was always near the flag pole. He could have moved. He could have moved in the circles and come back. Location data is consistent with him never leaving the flag pole. But that in itself is not enough. But there's more. There is more. There is the healthcare data. There is the temperature of the cell phone battery. And so he moves for 20 seconds. It turns west. It does not say he walks to the house. That's not what the data says. It doesn't say that he goes straight line and he walks over to the door. In fact, could he even get to the door in 75 ft? Could he get there? Because when the investigator the defense testified, he measures from the driveway. He never stopped at the driveway. He never measures from the flag pole. He never measures from the flag pole to the garage door. So this fantasy that somehow he walked in the garage, even though there's no evidence, there's no witness, there's no data, 20 seconds of his life, and he moves. And healthcare data registers his steps. It could be pacing. It could be a straight line. It could be shaking the phone. We don't know. We don't know. We don't know everything. We don't know every little detail in every little second. We don't have to. That's not doubt. That's not reasonable doubt. We know for that 20 seconds he's moving. And in that 202 window, when he moves, he has his phone and he looks down. 12:30 209. He sees a text message from his friend John McCabe and he looks at the text message and he closes it and then it happens. We know from the uncontroverted data from that black box, we know that Karen Reed after he gets out of the car drives away. She drives for at least 33 ft away from him. He's back near the flag pole. She's gone. It's over. Whatever argument is over. Whatever anger and flame has been dispassion, she's moved on. He's separate from her. He's safe. And then she makes a decision. That's what this case is about. Then she makes a decision. She could have driven home. She could have broken up with him. They could have talked about it the next day. But like knocking on the door like Kaye said, getting the last word, she doesn't drive away. She takes that 6,000 lb Lexus and she makes a decision. And the decision is that she steps on the gas after banging it into reverse. Before we talk about what happens next, I want to talk to you a little bit about the charges in this case. And I hate to digress, but it's important so we really understand what we're talking about here. I have no authority to talk about the law in this case. The Honorable Judge Cannon will do that. But I want to talk to you a little bit about the charges. Don't rely on my interpretation of the law. It's the judge who has that special power. But I want to explain to you a couple things so when you think about what happens next, you can really assess the facts of this case with the charges against Miss Reed. She is charged with secondderee murder. It sounds ominous. It is. It's a serious charge. Second degree murder. When most people think murder, they think shooting or stabbing somebody. It's natural to think that. Seconddegree murder is different. It's not first-degree murder. I told you at the beginning of this case. I told you that we were not going to suggest or try to prove that Miss Reed intended to kill John O'Keefe. That was never part of this case. We're not claiming that. I told you that we were not ever going to try to prove that she even intended to hit him. We never suggested we would try to prove that. And we're not trying to prove that she intended to hit him. We're not. What we are obligated to prove and what we have proven from the evidence in this case of secondderee murder is that she intended an act and that is putting the car into reverse and heading back to her joint key. She intended that act. The question then becomes, did her conduct create a clear, plain, strong likelihood of death? Late at night, dark, beginning to snow, under the influence of alcohol, knowing where she stopped and left him after an argument, heading back in reverse to the exact spotter right near where she left him at over 24 miles hour, accelerating at over 75%. You need to ask yourself, are you convinced if somebody does that, does that create a plain and strong likelihood of death? And if there's no doubt in your mind that she intended to hit that accelerator in reverse and that that conduct will create a clear and plain likelihood of death, then she is guilty of that crime. Whatever the label is, she would be guilty of that crime. Now, think about this. Let me give you an analogy. If somebody, maybe a teenager, someone young, impulsive, is on a bridge and they see cars going by and they have a a boulder and they want to throw the boulder off. They're not looking to hurt anybody. They're not meaning to kill anybody, but they throw the boulder off the bridge because they want to see the car break, the thrill. And when they throw that boulder off the bridge and it comes down and lands on the car and there's somebody passenger child, anybody in that car and it then goes through the roof and kills the person in the car. Did they intend to kill that person? No. They were trying to have a thrill throwing their off. Did they have the malice to want that person dead? No, they didn't. But that would be an example of secondderee murder. When you take a boulder and throw it off a bridge, there's a plain and strong likelihood of death. When Karen Reed, in the midst of that tension and fight, after she drove away and was gone, disengaged when she came back for the last word in the darkness, the beginning of the snow under the alcohol, and decided to stop her Lexus, decided to put it in reverse, decided to accelerate 75% in the exact same direction of where she left him and then hit him and he died. I suggest to you that is secondderee murder. The other charge operating under the influence of alcohol, manslaughter. It's different. It's a totally different and separate charge. Was she under the influence of alcohol? And then secondly, did she operate her Lexus wantingly and recklessly in a way that would very likely result in serious injury? When you're under the influence of alcohol and you drive a 6,000lb Lexus in the heat of the moment at the direction of where somebody is, whether you intend to hit them or not, I submit to you that is wanted, it is reckless. And any reasonable person, any reasonable person would think it's very likely that serious injury would result. It's not a matter of intending to kill. It's not a matter of intending to hit. It is the conduct of the operation and the risk that is created. And so those two charges are two of the three. The three is leaving the scene knowingly causing death. And we'll get to that. So now sadly we need to get back to 34 Fair View Road where we left. We know from the text stream data that she drove 33 feet at least because it only picks up a 10-second window. And when it starts to pick up the data, we know she's driving at a speed. So, it's more than 33 ft. We just don't know. And then when she comes back, she covers the 33 ft and 50 more. 80 feet. 80 feet. Over 80 feet. Now, nobody has ever suggested, even Dr. Welchure when she collided with them. This data doesn't tell you collision. It's a 6,000lb Lexus. It's a 216 lb man. It's not going to show a blip. It could have been in that 10-second window. It could have been 2 seconds after. It could have been 4 seconds after, but it's in that pocket of time. And we know it. We know it because when you reconcile the data with the phone, that 20 seconds is in the same window of that 10-second window coming back. So even if it's a couple seconds later, 4 seconds later, whatever Mr. Dora wants, he stops moving. Tunnel keep stops moving forever. Forever slide six, please. You'll get to see this more closely, and you can't probably see it where you're sitting, but there's important data. Data doesn't lie. And you will see acceleration 75%. You will see speed 24 miles per hour backwards. You will see distance over 80 ft. That's what you're going to see in this data on that night. Anger, although not necessary in any of these charges, anger can be inferred for somebody to come back that hard, that fast, that reckless, that obvious, likely to create a plain and strong likelihood of death. That data tells a story that can't be changed, can't be attacked. ARCA, they did some crash test on me. You know what else they do? Text stream data. There's nothing about that data that is uncertain. Nothing. Take that down, please. When Miss Reed hits John O'Keefe, hits John O'Keefe. Collides with John O'Keefe. We don't know if he went in the air foot. We don't know if it was a how much of a clip it was. We don't know if he stumbled back, but we know there's a collision. There's no doubt there's a collision because her tail light's all over the yard. It's all over the yard. And when he falls back and he hits the back of his head, his basil fracture, he's then lying there helpless. When Miss Reed leaves, she leaves behind tons of her tail light all over the yard. All over the It's called debris field. And you've seen videos. You can't replicate the exact contact. You can't because you need where the person was hit, how fast the person was going, but you know what happened because when you look at the debris field, when a light is broken, it's no different than was on the front yard. It's no different. She leaves him behind. She leaves her tail light behind. She goes home. And on her way home, you know, she's still angry. You know she's still angry because she starts leaving him voicemails. Slide seven please. Healthcare starts at 123156. 123204 to 123212 is the data which is adjusted when you reconcile the fox and Alexis. 123209 is when he closes his phone after looking at Jen McCab's text. 123216 is his last steps. The disorder says that red grain should move a little bit 2 or 3 seconds. They can move it 4 seconds, 5 seconds. It doesn't matter. It's all in the same window. It doesn't change. We could have slide 10. Please buy that please. Thank you. Each one of those pegs represents 10 ft. You can't place that car where it was in front of Fair View. You just can't. The data doesn't tell you that. That tells you the movements of that car. Now, as John O'Keefe sadly lays on the ground abandoned, you're going to have to ask yourself a question for charge number three, leaving scene knowing somebody was injured and then died. You're going to have to ask yourself, is there evidence that Miss Reeve knew that she had hit him? Don't need to prove it for murder, too. Don't need to prove it oi manslaughter. But for the third charge, Carmal has to prove beyond reason below she knew she hit him. We weren't there, but there was an eyewitness. There was a guide. And that eyewitness tells us that she knew. And that eyewitness is Cara Reed herself. She tells you that she knew. Could we have slide eight, please? Could I have hit him? Did I hit him? How could that have been? I don't know what that could have been. It was how wind. I had YouTube blasting on the stereo and I thought, did he somehow try to flag me down, which was the reaction I was hoping to garner as I slowly pulled away from the house. Did he come up and maybe trip or or or bend over and pick up his cell phone and and I ran over his foot and and then passed out drunk? I mean, I didn't think I hit him hit him, but could I have clipped him? When she left Fairview and left John behind, she didn't think he was mortally wounded. She knew she hit him. She knew she'd hit him. And so when she made her way back home, not only did she leave debris field all over the front line, but she took evidence with her, too. Hair, DNA on the tail light. And she drove back to John's house. And she started calling on the way back 12:33, just a minute and a half later. And then her messages show her anger. You see, this was John's fault. This was John's fault. And her phone calls tell you about the tone and the destruction of that relationship. [Applause] 53 phone calls that night. 53 phone call. Not one to 911. Not one to Jen McCabe. Please go outside and try to help. Not one to a hospital. Not one to anybody but him. 53 calls. Slide 12, please. Can you play voice number one, please? The calls keep coming. Cell phone temperature 72°. He's been outside now, not moving on that cold, hard ground with his cell phone under him. The warmth of his body, the cold ground, 72°. It tells you the story. As this temperature plummets and that cell phone battery is compromised, so is John O'Keefe and him and his cell phone alone on that yacht. 66° to 12:45. It is plummeting. Ian whippens taking a phone and putting it in a freezer. Not a same analogy. The idea that means that John will keep foot in the house. Absurd. 66 turns to 61. It's 1253. 48 unanswered calls from the defendant. He's not into the party. He's not wrestling with Brian Higgins. He's not in a fight. He's in a fight. His cell phone would be moving. There would be healthcare data. There'd be steps. If he got into the house in 20 seconds and his cell phone is found under his body the next day, then how would he get back outside? There would be more steps because his phone is working. The data is the data. There's nothing wrong with it. It's registering everything. The temperature, the movement. He doesn't go in any house. He can't go in any house. His phone never moves again. Poison mail number three. Please listen to this. John, I'm dealing with a [ __ ] kid. Nobody knows who the [ __ ] you are. [ __ ] Did you hear that? Nobody knows where you are. It is 12:59. John O'Keefe has been on that lawn. for about 27 minutes. She hasn't called anybody else, hasn't spoken, has no information. Nobody's called her. You'll see her phone records. And she says, "Nobody knows where you are." She knows. She knows. Nobody does know where he is except her. Except her. Why is she asking? Nobody knows who you are. She is starting to get panicked because she knows she hit him. Not suggesting she meant to kill him or for him to die, but she knows she hit him. And now he's not responding and she's getting nervous and she's getting anxious and she's leaving call after call after call. He's not answering. He's not calling back. He's not even picking up the phone. And we know what's happening at this point. Panic, drunken denial. It's setting it. And so then we see the healthc care data from Miss Reed's phone. She doesn't move after a little after 1:00. She could be sitting. She could have fallen asleep, but she doesn't move for a while. But she wakes up. She wakes up early the next morning. Take that down, please. And when she wakes up, she doesn't call Jen McCabe and say, "Where's John?" She doesn't call Brian Higgins. Has his number. Has been texting with him. Hey, was John at a party with you? Did you see John tonight? She knows exactly where she is and she's frantic. So, she wakes up Kaye, that young girl at the time. And she says she's panicked. She can't understand. What is she saying? Call Jen McCabe. Call Jen McCabe. Why is she calling Jen McCabe? She calls Jen McCabe. You know what she doesn't say when she calls Jenn? When did he leave the house? What happened last night? No, no, no. She calls and says, "I left him at the waterfall." I left him at the waterfall. See, now it's gone from panicked to self-preservation. I left him at the waterfall. And Jen says, "Life him at the waterfall? He saw you in front of the house." Click. Hands up. hangs up. So then she calls someone that she doesn't know very well. She calls Carrie Roberts. But now she has to pivot because someone has seen her in the exact spot that John will be found soon. Whether she's the first one there or somebody else, Jon will be found. Maybe Lucky missed him. It's a snowstorm. You can't see, but someone's going to find him at some point. So she calls Carrie Roberts. It's no longer she left him at the waterfall. She pivots and she calls Carrie. Carrie, Carrie, John's dead. I think he got hit by a plow. Why do you think she chose those words? Why did she choose those words? Because she knew that there was a collision with a large motor vehicle and she had to substitute her 6,000lb Lexus for another big vehicle. I think he got hit by a plow. And so now we have the introduction of Jen McCabe and Carrie Roberts. Phone calls that they probably never ever wanted. A worse nightmare to get a call like that for what's going to happen, what they're going to see, what they'll never be able to forget. But because the defendant is John O'Keefe's girlfriend, they wake up in the middle of the night in a blizzard out of their kindness, their loyalty, their devotion to John O'Keefe. And when she calls them and tells them that she wants them to come out, this soccer mom with a perfectly normal life gets drawn into this whole farce and she answers that call. She gets out of bed. The spirit and kindness she displays to put herself in that position because someone asked for help because that's what good people do. Carrie Roberts didn't know Jade. They both knew John. They met each other once years before. Carrie Roberts separately at that time. Answers the call, gets out of bed, drives to go help cuz they have a common denominator, a common bond, John O'Keefe. And so you hear and see at 507 the defendant leaves Meadows. She leaves and Kaye is behind waiting. And you see her back up. And John Welch just showed you all of those demonstrations where you could see the unsettled snow in the back. And after the bump, you can see the pieces missing. No tail light. There's no tail light on the ground. All the white snow. There's no crack. There's no break. It's a nudge. It's a nudge. But the tail light has already been broken because when you look at the video, not one little piece. It's still framed. Little angle with the light. The brakes are up. You take a look, you'll be able to slow it down, you'll see the exact same piece is missing because it's back at Fair View. That's why it's missing. It's not there. It's back at Fair View. And then she leaves at 50:07. She gets to Jen McCabe's about oh 5:35. 28 minutes. It's about a 10-minute ride. Where does she go in 28 minutes? Where does she go? We don't know. We don't have data for that. But we know when she gets to Jen McCabe's house, she is panicked, frantic, out of her mind, screaming, waking everybody up. J Mabe comes down, can't understand her, going out to the car to try to console her. Why is she so frantic? Why can't she speak? Why can't she say a word? Because John went out and had a drink and fell asleep on a couch. because John would maybe be cheating on her. What is causing this extraordinary duress? Did she stop somewhere on the way by? Did she just see death? Carrie Roberts comes. Take charge kind of person. She pulls him behind. She sees the broken tail light in Jim McCabe's driveway and she decides she's going to accommodate this. We're going to back to Meadows. You're going to follow me. leave the car, I'll drive. At this point, Jen and Carrie don't know each other. They've only met once. And they go back to Meadows. They obviously don't find John because he's back at 34 Fair View. And then they start their way towards 34 Fair View. They start driving towards 34 Fair View. And they're looking and you heard from Carrie Roberts, Jed McCabe. They're looking out the window. They can't see a thing. The snow, the blizzard, the weather, the darkness. They can't see anything. and they're driving and driving and they decide they're going back to 34 Fair View. And this is remarkable. This is remarkable. When they start their way past towards 34 Fair View, they get close. And when they get close, they can see nothing, but the defendant screams, "Stop. Let me out." And they look around and they say, "What? Let me out. Let me out." She does not see John O'Keefe. She knows where he is. She knows exactly where he is. She knows where to find him. She knows where to expect to find them because she knows where she left him. She tells us slide 13, please in the passenger seat. And uh I I described this to everyone, so you probably know this before, but John looked like a buffalo on the prairie. It was just a lawn in a heap that it wasn't a bush or a hydrant or a dog. It was it was a a weird shaped lump at that time in those elements. And I was looking to find him on the side of the road. I was expecting I'd find him. Thank you. A weird shaped lump in a blizzard and you equate that to John O'Keefe. A weird shaped lump, not like a bush. And that is John O'Keefe. She tells us she knows where she left John O'Keefe. And so they go over to Mr. O'Keefe. Carrie and Karen. And she's upset. There's no doubt. I am not for a second trying to deprive her of the unrest and the trauma that is happening at this scene. Doesn't change what happened before, but I appreciate the trauma and they're trying to help him. And guess what happens when they first move him around? 603 604 Ian within data. The cell phone battery gets the cool air presses on the battery. the cell phone battery drops. Healthcare data, he has not moved since that 22nd. Hasn't moved. They start shaking him. You're going to see when you look at the records that healthcare data starts to move. He's been there all night. All my nobody else her. And so when they try to help him, she says something that is remarkable. She says there's a piece of glass stuck in his nose and she plucks it out. And she says when she plucks it out, blood spurts out. We'll talk about that in a couple minutes. But remember that piece of glass pulls it out, blood spurts out. That's what she says. As they try to help John, Jen is calling 911. They would like you to believe there's a conspiracy. that the glass that's found in Mr. Keith's body is somehow from inside the Albert house. The glass, well, you will hear in the clips. If we don't play it, you'll have all the clips with you. She talks about the fact that he took her water. He took the glass. She says it. So, the Albert house, they don't need to get the glass. He already has the glass with the straw that's later found on the street. By the way, that's what happens on impact. Things move. The glass comes with him, lands near his body. The brief moves past him. Shoe hat straw. Jay makes a call to her sister and they say because it registers 29 seconds. A celebrate record is not the same as a call detail record. There is no evidence it was a conversation. No lights go on. There's no conspiracy. You can call somebody. It can ring. It can go to voicemail. They have no evidence. none that there's a conversation between Jen McCabe, the person who was ripped out of her sleep to come help, and her sister for some grand conspiracy. And so what happens next is traumatic. Carrie Roberts and Jim McCabe see their best friend, prone, lifeless, frozen on the ground and they're living this torment because somebody brought them into this when they're trying to help John. There is not one suggestion from anybody that John ever went into that house. There's no reason to go into that house because John was never in the house. Not one time does anybody say, "What time did he leave?" I thought he went in there. Not even a whisper of it because it never ever happened. When they find their friend John, he's not 20 ft off the side of the road like Mr. Wrenchler or Mr. Wolf thinks. He's right there by the side of the road, close by the curb. Could we have [Applause] slide 14, please? You can see there's Carrie Roberts vehicle. And then on the left, you can see where they're working right off the road. That's not funny. That is a cliff, a stubble, and a fall. Remember when he fell, there wasn't snow. It was just the beginning of the dusting. with the cold hard ground. Remember what Dr. Isaac told us about cold hard ground causes this type of injury all the time. All the time. If we could go to slide 16, please remember the glass in the nose. The glass in the nose. See on the bottom left? That's where the Canton Police Department found the glass that he took from the car from the waterfall. And then exhibit 195, matching glass. On February 3rd, the matching piece of glass was found on the street. The matching piece of glass, the glass that was found with Mr. O'Keefe was found on the street. He didn't fall back 8 10 ft from the road. It broke and then it shattered and went to the street. I would suggest to you it broke at the time of the collision. and he carried the glass with him, leaving the evidence behind, a trail to memorialize what happened to him that night. Remember the straw? I asked you to take a look at that picture. We're leaving the waterfall at 12:12. The black straw and the drink on the street. Collision, glass, nose, straw, back hits his head. Can you play the clip on the left, please? Take the eye. Um, so when John got out of the car at Brian Albert's house, he took Michael, which is sitting, please. So John's laying there, left and his right, and I approached John from the left. That's where the screen is. And he had a piece of glass like perched on his nose, like just wedged like a splinter would be. And I just just pulled it and as soon as I pulled it, it just gushed blood down his face. Thank you. 911's called by Jim McCabe. She's not hiding from anybody. She's trying to help. She's bringing attention to the situation. And when 911 comes, we have first responders. These people are heroes. Some of them, you've heard from some of them. They were born to help people. That's what their life is about. The detail on all their mechanics of getting getting to work 2 hours early blizzard so that you're there on time so you can help people. These are the core of our community. Mr. Nutt, this is what he does. He rushes to go help. He's the first person on his knees. He doesn't know this person from anybody, but to him it's another human being. This is his passion. Katie Mclofflin, first responder. This is not just a profession. It's her life. Yes, she knows Caitlyn Albert. Do you think she went there that night at a party and set up a murder and came back? And so they tell you, they tell you what happens at the scene. Some things hard to remember. Some things people will never forget when you're in a traumatic incident. Sometimes it's something you'll never ever ever forget. And Timothy not all remembers speaking to the defendant. I hit him. Remember he's on his knees. What happened? I hit him. I hit him. She is now coming to terms with the moment. Her fear is realized. She hit him. She clipped him. She didn't think he was morally wounded. She panicked. She can't come to terms with it. So, she has to bring people with her to face it. And now she's facing the reality of what she had done. And her emotion is overwhelming. I hit him. I hit him. She speaks to Miss Mclofflin. I hit him. Not did I hit him? Could I hit him? Perhaps I hit him. That was earlier. Now she's recognizing what she did. I hit him. And these people are making it up. Anybody that says anything adverse or inconsistent or inconvenient is a liar or a perjurer or in on a conspiracy? Or is it that these good people who went there for a total stranger to do their duty to help happen to remember that she admitted what she had done. I know that doesn't reconcile with the boogeyman proctor and the bad government. I know it doesn't reconcile with no DNA on this piece of that piece. I know it doesn't reconcile with everybody setting up the girl. I know that doesn't reconcile. But the reality is you have independent core people who hear her say, "I hit him. I hit him." And the attempt is to betray everybody. That's a liar. But you don't have to rely just on these good people. Although you should. You should. You don't have to because we have a guy and it's Karen Reed. Slide 17. How much is she regretting these interviews now? They really say as many times as law enforcement and said it. Thank you. I know it doesn't fit the theme, the theory, the story, but she tells you herself. She endorses those good people exactly what they had heard. She tells you herself. She hit them. It's undeniable. It's unmistakable. It's inconvenient. But the truth has a way of seeping up to the daylight. It can be oppressed and suppressed and pushed down and covered and twisted, but it rises. It rises. And it is not a coincidence. There's no coincidence that Mr. Nutall, Miss Mclofflin hear exactly that. She tells you. And Jen McCabe when she's sitting next to or standing next to Miss Mclofflin, she tells you she saw or heard the same thing. Remember what happened to her in the stand when she had the audacity to say, "I heard her say it." What happened to her? This woman who never even wanted to leave her home that day, pulled out into a storm to see her best friend dead. What happened when she had the audacity to say that? And now we know that the defendant herself said the same thing. And the funny thing, the ironic thing is you will see in a photo when Miss Mclofflin, the firefighter, was speaking to the defendant, Mr. McCabe was next to her. M. McCabe was trying to protect her, trying to shut her up. Don't talk. You're upset. Stop saying crazy things. The villain of the story was trying to help the defendant from incriminating herself. The irony. [Applause] Could we have slide nine, please? This is the battery temperature. You're going to have a chance to look at it. If it wasn't so tragic, it is interesting. It is interesting if you like data. the 29 1213 they're leaving the waterfall 82 degrees 1222 in the car 77° 1237 about 3 and 1/2 minutes after the defendant collides with John O'Keefe it's starting to go down 72 1245 66 123 66 61 and you see it drop at steady off at 12 or 136 remember cell phone battery under him John Keith either struggling for life or he's passed and the blood's still warm either way under him. Doesn't move again until 6:06. It drops down 7° because the woman are pulling on him. The cold air is hitting the battery. What happens at 6:15? You're going to see the video. You've seen it. Still photos. Carrie Roberts goes over, takes up the phone. Not only does she put a phone, she puts it in her pocket and then 20 minutes later the next meeting the temperature rises. That's not convenient. That's not a coincidence. That's fact. That's data. And then the boat is passed, put in a warm environment, and it raises up 6:15. How can someone conspire to pick up a phone on the side of a yard that was under Mr. O'Keefe's body at 6:15 and know the battery temperature was then going to rise? So, not only the battery temperature rise, when you look at the healthc care data at 6:15 when she picks up the phone, you know what happens to the healthcare data, right? It starts to move. It's data. It's data. So, while they're going through this duress, the defendant asked J McCabe for yet another favor. Look up hypothermia. Find out how long it takes for someone to die in a cold. Then there's Miss McCabe in her winter jacket, soccer mom trying to help. She has MS. Her hands aren't working. She's trying to type in what's happening during that time. It's a frantic scene. She tells you that the defendant then wants to run back to the ambulance. So, she goes with her, never finishes or completes the input. And then she tries it again at 6:23, at 6:24. That's what this woman did that night, that morning. Not only for her friend, for her. For her. That's what she did. And what happens to her after? Because the time stamp when you open when you open the time stamp, it's at the time it's open. And she's in bed at 2:27 looking up Hawkamok Sports because she is so interested in the kids sports. And that time stamp stays open. And she goes to that tab the next morning when she puts in how long to die in cold and that is being portrayed that she's in a conspiracy. She gets vilified as a murderer, a soccer mom who came to help. It took Ian Whiffin 5 minutes to show you a live demonstration on how simple that works that she's not deleting anything. Jessica told you it's automatic deletions all the time. You usually can't delete that information. That's not a click and swipe like the good Dr. Wolf from AR knows how to do. This can't be erased. But they still hold on to this as they argue to you and all the injustices that have been done. They tell you, they want you to believe or take a flyer on the fact that she looked up how long to die in the cold at 227. It is an absolute contrary to the science. There's no basis to support it. But they stand here in front of you. Why? Because every time they say something like that, you look the other way. Don't look at her. Look the other way. 227. Look the other way. Don't look at what she did. Former trooper Proctor. Look the other way. Don't look at her. Every time they make those eye, oh, she got the glass from inside the Albert. Maybe in the basement. Look the other way. Don't look the other way. Look at the facts. Look at the data. And it all leads to one person. There's no grand conspiracy. It leads to one person, the defendant. And it's not just the data and facts. It's her herself. Let's talk about Mr. Proctor. You were invoked with this emotion early in the opening that this is a cancer. That's a tough word. trying to evoke that primal reaction of disgust. Not saying you shouldn't be disgusted by the text messages. You should. They're not defensible. I don't stand here and defend in propriety. I don't. But that doesn't change the physical evidence, the scientific evidence, and the data. He was terminated. He paid a penalty. He was held responsible for what he did. He should have been. He should have been. But that doesn't actually pass. That doesn't change the facts. It doesn't change the physical evidence. It doesn't change the science. It's unfortunate. It's distasteful. It's dishonorable. Remember, uh, Trooper Bennett was asked, "Was the investigation with honor and integrity?" And he said it was. Was Trooper Proctor's effort honor and integrity? And he said it was integrity. But he never said honor. That's a man of honor. military service dedicated to his country, highest level of clearances to the president of the United States, now a state trooper. He would not say that Trooper Proctor was honorable because he wasn't. He wasn't. But that does not change. It doesn't create a conspiracy. Doesn't invent a dog. It doesn't make somebody in a house something they're not. It just doesn't. When you read those text messages, they're hard to look at. It's unfair. It's unfair. And if there's a penalty more than being fired, well, maybe that penalty would be deserved. But it has nothing to do with the justice in this case. It just doesn't. There's not one piece of evidence, not one, that we can look at and say this was tampered with. This was planted. This was distorted. Remember when we introduced the tail lights at the beginning? I didn't introduce it via the tail lights, but then the defense did, so I put them in. Those were tail lights that were only found by Trooper Proctor. I did not put that evidence in. Understanding those text messages and appreciating the disdain one might have for his comments. Not that there's any evidence of tampering. Not that there's any evidence that it was not true, but I didn't put that evidence before you because we didn't need Tuper Proctor in this case. We don't need Proctor to prove this case beyond a reasonable doubt. That's why I didn't introduce that evidence to you. Now, there's been a lot of talk about planting of tail light. We know the tail light wasn't planted because Super Mechanic and Mr. Parker did not go down to Dyon to see Miss Lee until later in the afternoon. We know from the 507 video. We've seen that. We know the tail light was already missing when she's leaving the driveway. When the good Canton police detectives went to do a wellness check to care for those young children and they went to the house inadvertently, they didn't even know it. The dash cam captured the back of the car. The tail light packed with snow is missing. It's already gone. It can't be planted. At this point, Trooper Proctor still in his pajamas. He's not even on the cage. He's not even on the scene. Hasn't been near the car. And then the Dyon videos themselves when you close it, you can take it at an angle and it moved, but if you get the right angle, you can see it's missing. It's gone. Can we have slide 18, please? 507. You can play the end you want, but if you look at this angle, it's gone. No plant. It's already gone. You know where it is? 34 Fairview Road on the retail January 29th, 2022 for uh 823. Look at the right hand side. Look at the left hand side. It's pack of snow. It's gone. It's gone. And the same thing when you do the videos, it's a different angle. A little small, but if you play that and watch the glasses go up and down and slow it down, you'll see it expands. It's gone. So when you have the D officer Barrows come in here and try to tell you what he saw on the salad couldn't have been it. You got to ask yourself what interest does he have coming in here in this case. A lot of attention on this case. A lot of people watching. Comes in after of course driving all the way out to the defense attorney's hotel to meet in a conference room so he can get a subpoena. He spends two hours driving up and back so that he can conveniently get a subpoena that tells him to appear, which he could have got by fax or in the mail. And so when he comes in, what he says is, "That's absolutely not what I saw." Absolutely not. And then he claims at the last time he testified, he had made the same statement. I showed him his transcript, and did you see the redness creep over his face? He never said this before. In fact, he testified to the officer. And so he sits on the stand with a new story after a meeting. We don't know why, but then I show him that bottom and right photo with the snow with it missing. And I say, "Is this the way it looked?" It's of course before the snow melts out of the salad port so that you can see it unexposed. And he says, "Yes, he had to agree. This tail light was gone. There's no boogeyman. There's no plant. There's no Higgins at the salad board. There's no one tearing out pieces. In fact, remember I played you a clip and you'll have it where the defendant says I was picking up pieces it was crashed in. The bub was showing when I was showing Carrie and Jen when they went back to Meadows. If you don't remember, listen to that clip. You'll hear it. Unfortunately, there's no ring video when they go back to Meadows. There's a ring video when she leaves. There's no ring video when she gets back. And so now when we're trying to look the other way, we want to find a dog bite. So enter Dr. Russell. Dr. Russell, according to her, nice woman, nice doctor, very accomplished. I respect that. She's the only dog expert in the world. Thing is, we know no idea what that expertise means. She volunteers for the job. She wants to be here profile, but she can't explain the methodology. What are you looking for in a dog bite? She can't tell us. It starts a year ago that it's claws, it's teeth, and then it's claws, then it's teeth, then it's I don't know. And then when you look at each of the different parts of the abrasions, she says, "Well, I can't tell if I look at each one of them, but altogether, it's a dog bite. It's a dog attack." That is the masterful expertise that the defense has bragged about bringing in Dr. Russell telling you because she says this is a dog bite. She has never been in a practicing situation where she's looked at a wound and identified it as a dog bite before. This is the first time, the only time she's ever done it. And what she says is these are not punctures. Punctures means it goes into the skin, a wound, there's no punctures. And she's sure because she's an expert. So you should rely on her because she's coming in saying she's an expert and she's being presented. Yet after saying there's no punctures, Dr. Lapada comes in and she sees punctures everywhere. It's an animal attack. It's a dog. Oh, is it? No method, no methodology, no history of this, no prior testimony that we know of other than arbitrarily what she says. And she says the exact opposite of Dr. Russell. Why is that? How does that happen? So, obviously, there is no science to looking at an abrasion and saying where it came from. They give us no detail. They give us nothing that we should rely on. They contradict each other. It's just to look the other way. And so we have now the issue of um the defense has said over and over again there's no collision. There's no collision. There's no collision. And they've had a number of witnesses come in to try to say that. And they point to Dr. Scotty Bellow who works at the medical examiner's office. She tells you that she doesn't see injuries consistent with a collision. She's looking at this case for 90 days. 90 days. The evidence in this case did not stop. It continued for two years. She knows nothing about the data, nothing about the blackbox, nothing about the interviews of Miss Reed. She doesn't know about the DNA. She doesn't know about the shards in the arm or in the clothes. Strike that in the clothes. She knows nothing about that. So, in 90 days, she didn't see any lower body injuries. She didn't see any lower extremity injuries, which are very common in car collisions. But that doesn't mean it didn't happen because she in 90 days saw a fraction of the information. A fraction. And we know now argument back and forth for days about lower body injuries. The suggestion is a car accident can affect everybody differently depending on the angle, the scope, the speed. Some people can get plowed over by a car, have no injuries. Some people get touched lightly and have more injuries. And there was the debate about no lower body injuries. Well, ARCA dispelled that in their dummy test that you can have a collision with no lower body injuries. They did that for us. Thank you. And so the idea that at the time in 90 days that she doesn't have enough information to say consistent with a car accident doesn't mean there's no car accident. Let me talk a little bit about AR. I don't want to waste too much time with them. What expert who's supposed to come to you? They're not the arbiter of truth, their opinions weigh no more than yours. Your common sense has more value than an expert's opinion. Their job is to assist you to explain what their expertise is so that it's a tool for you so that you can make a decision. That's objectivity. We heard words like confirmation bias. It's objectivity. Mr. Wolf got on the stand. And before we even started, you have to ask yourself, what expert has a court order for text messages and then deletes the text messages? What expert? What objective expert uses Signal? Signal, an encrypted app to communicate about the case. Never used it before. Hasn't used it since. And so when he did his tests, he used a lower weight arm. Wasn't trying to bash him, wasn't trying to insult him. Tried to get him just to recognize that a 9.38 lb arm is less weight than John O'Keefe's metric, which would be 11.8. That's all. And because it's a lighter arm, it takes more speed to create the same damage. I don't know science. I don't know math very well, but that's basic. It's basic. And he fought me over and over again. Did he seem objective that he was trying to help you? Because Dr. Wrencher came in the next day and said, "Well, you have to adjust to that." That's all I asked him for an hour about adjusting just like Jud Welch adjusted. Do you adjust it? And he tried to talk to me like I was making something up. His own colleague had to admit it. Now, it's funny. He admitted it before he got through his credentials. No sequestration order violations. Nobody was coaching him, but he knew enough to come in at the beginning and get right on that point. And speaking of sequestration, remember Dr. Russell on her limo ride over? If Brendan asks you a question, make sure you ask the transcript, impede the progress, slow down the questioning, interfere. So, question is is this fundamental fairness to all witnesses, not just some. And so, what happens with Dr. Wrench? We don't know. But we do know he comes in here and he tells you that he was not getting information that was helping him the last time he testified. He insisted. I asked him five times, "Was he getting information that would help him in his testimony?" Not from the defense, from his former employer. And he said, "No, no, no." And at the end of the examination, he reads his transcript, and it's yes, yes, yes. And he tells us that he's independent objective. I ask him about a lunch and not a big deal. Just ask him about it. And he says, "I have a a sandwich." I stand in a corner until I remind him that we got video footage from a documentarian and he's in one of the scenes and then things change. So when you talk about objectivity and who to trust, they can come in and say Jud Welchure said this and that. It doesn't make it so. Jud Welchure, Dr. Welchure never in any report, in any presentation, in any testimony to you ever suggested this is how it happened. This was his how his arm was. This is how his feet was. He was trying to show whether or not the orientation, could this happen with the angle, with the height, that's all that test was. It was no more. But what they do is they reposture it, repackage it, and say it means this when it doesn't. And we're going to show you why it's not that. Therefore, we win. That's all that is. It's semantics. Ted Welchure, Dr. Welchure never suggested that. And his work on text stream data unassalable. And so what we have inevitably is we have a timeline that never moves, data that never changes, physical evidence that can't be can't be put in that spot without a collision. We have inevitably proof without any doubt without any doubt that on January 29th, 2022, Miss Reed was with Mr. O'Keefe and she got drunk. She drank. She was two to three times over the legal limit. And they went to a party, an afterparty. And they were fighting. They were fighting. There was a relationship in decline. And he got out of the car. And he had a brief window of life left. But when he got out and she drove away, she couldn't let it go. She got drunk. She hit him. She left him to die. It's that simple. [Applause] We don't know exactly how this collision happened, but we have a good idea from the physical evidence and we know that it happened. Can someone have a collision without lower body injuries? Can I have slide 19, please? You bet they can. We don't know if this is the body position. We don't know if this is the exact speed, but what it tells us is viable. Look at the debris field. Look at his turn. Remember his sneaker on that curb? Take a lodge against the sneaker. Mr. Roe then falls back, hits his head. Count left to die. Thank you. Ladies and gentlemen, there is no doubt what happened that night. There is no doubt who did it. You have a very difficult task ahead of you when you consider the evidence and you consider the law. Very difficult. There are three charges. There is seconddegree murder. Miss Reed, when she chose to drive back at Mr. O'Keefe in that night with a 6,000lb Lexus in that anger, 75% whether she meant to hit him or not, didn't mean to kill him, she hit him. Strains. It is a plain and strong likelihood of death. You would never back down your driveway if your kids were at the end of the driveway. You would say, "Well, you're going to kill somebody." You would never do it because you would expect if you drove at them at that speed that someone would die. That second degree murder. Oh, you manslaughter. She's drunk. She was reckless. She doesn't even have to know she hit him. She doesn't even have to know she hit him. But she did. She did. And she left a man who was kind and generous and thoughtful. She left him alone. She left him alone to die. Could I have slide 22, please? He is not an it. John O'Keefe is not a body. John O'Keefe is not a buffalo on a prairie. John O'Keefe was a person. And he was murdered by Karen Reed. Okay, take that. Thank you. All right, jurors. Um, the next up is my instructions to you on the law. I'm not going to do that right now. You've been sitting for a long time. So, I do have to tell you, even though you've just heard the closing argument, you cannot discuss this case even with each other. All right? So, we'll send you back for lunch. It's going to be a shorter lunch. My instructions are long. Uh, and we want you to be able to get this case to start deliberations today. So, I'm going to send you back maybe about a half an hour. Is that enough time for you folks? All right. So, we'll give you a half an hour for lunch and then we'll come back. I'll give you my instructions on the law and then the jurors will um go out to deliberate. I know there are 18 of you. We seat only 12 deliberating jurors. So, six of you are going to be all I can just tell you that you know the odds, right? And uh I can tell you it's the Mr. McDermott's least favorite part of his job is we'll do that this afternoon. Do not discuss this case. Folks, we're going to uh take a wait, make sure that they're not going to do anything else here. Uh I don't see anything else they can do right now. the I don't think last time they picked the jury on camera or anything like that or had anything after the final uh the final argument. Just a second though we are having a sidebar. So uh let's put the banner back up probably for the last time. Uh sidebar three it is. Oh, don't don't put down the possibility that sidebar judge, you're not giving the instructions, right? I mean, I I you must you must call this a mistrial. I think Okay, if there were if it was a reverse order, if Jackson got the last word, Jackson would have had more of an impact if there was no rebuttal. And that rebuttal just to me tied up a lot of loose ends. And Turtle Boy is right there center screen uh the back row of the press in the very back of the room there. Uh he is in the courtroom and that's interesting. He was not there at the start of the uh session today, but making his presence known in seventh grade. for for him to be up that high, he must be standing. Yeah, I think he is. I think he it's standing room only at the back there. Uh he's not on his phone. He hasn't been carrying a laptop with him. But this is historic. You know, this is hopefully the last time we have to go through this, you know, two years in a row. That's Quit trying to jinx this, Jim. Well, we sat through it last year. We'll sit through it as many times as we need to. No, no, this is the last time I'm sitting through this [ __ ] You You're out. I'm not going through it a third time. This That's I'd rather take a cheese grater to my nut sack. [Laughter] Uh hopefully they get a verdict one way or the other this time. Uh if it's uh if she is convicted, there's still sentencing hearings we'll have to do. But we won't be sitting here 5 days a week for 78 hours a day for that. Well, hopefully if she is convicted and there's an appeal and they air the appeal, we'll be on that. But the appeal won't be a full trial. The appeal will be a couple of days at best if that happens. if it if an appeal were to be granted. But for now, uh we're with you here on Really News. I do see Mr. Merb in side chat. He was nice enough to give us a a shout out today in his latest video, so thank you for that. Uh he covered the I I watched the first part of it. He covered the Denver Metro Audits versus Fraud Troll. uh lawsuit. If you're on Facebook or not Facebook, if you're on YouTube, I posted the link to the court listener page at a viewer request. That is going to be a fascinating case. It could have implications towards uh people who Go ahead. that you I just don't I can't see how it would go through since if the offense was if you take the offense and the uh the uh acquisition of the copyright, right? It reversed. Yeah, you'd have a chance. But it wasn't copyrighted when Fraudtor Troll used did his video used it. Yeah. Uh well, that is a question we have to someone. Uh again, I didn't get through Merb's video and I know Merb is not a copyright attorney. So, let's do some more research and see what the options are here uh for this to go forward. It has been accepted. Uh they are they have not yet been served and service may be a problem because of course uh fraud under control is a bit of a mystery. Is he Canadian? Where will he be served? Will they have to serve him via email like uh Blue Bacon ultimately had to do with his protection order towards uh Chile Diccastro? Who knows? I would think before you try him in the US courts, you got to figure out whether he's uh American or not, right? And I wonder, and just off topic here, I'm looking now that the family side, uh, the O'Keefe family side, uh, the O'Keefe's family side is clear with everyone taking a break. You can see all the pillows. I wonder if they bought them themselves or the court finally provided something because those seats must have been miserable. the the uh the cushion showed up about two weeks ago. Uh we started seeing Peggy O'Keefe with one along with Person City next to her, but now you can see they're throughout the whole front row there. I don't think the uh Reed family have something similar. Yeah, I don't think they're court provided or else the Reed family would have the same thing and I don't think they do have them. Right. Uh BB inside chat you can sue foreigners in federal court. I assume that. Yes. Okay. It's just a matter of finding him or having How does how does a US court hold uh somebody in another country? Well, it's a civil case, so that does happen all the time. Well, yeah, but do they have the they can say, "Okay, yep. you're guilty or you're liable or whatever the case may be in this. But then what power do they have to actually enforce it? Well, that also happens all the that there are means to do that, but yeah, I I don't see them clicking very easily if he just disappears into Canada should that happen. Uh nice tidbit from Luke there that uh okay so Mer saying fraud agreed by contract to be bound by US law and to be sued in the northern district of California and to be served at the location listed in the challenge to the copyright strike. Contracts are fun and fundamental. So it would be the u the YouTube uh guidelines that we all agree to by using service. Okay. Just puts a lot of I mean this situation just puts a lot of questions right. I know in my head we are not legal scholars or anything to do with that kind of stuff. We're just two people up here following a court case. But that's also something that ran into Dcastro and his uh when he tried to sue YouTube for copyright. That's something they countered him with was the very agreements that he agreed to by using service. Is is uh uh DMA suing in the Northern California or is he he's suing in Northern California. Uh while the address for the attorney in the in the document is New York, the attorney is licensed in both California and New York. And that answers the question there. So, I I would imagine lawyers that that uh specialize in copyright infringement probably have a pretty wide I I would I would see it being wise for them to to invest in. Right. Well, and like YouTube, uh, YouTube is somewhat easier because the contract does say that you have to, uh, sue in the specific court and that you agreed to do that by using it. Uh, again, that's one of the arguments they made against Diccastro when he tried to sue on copyright grounds. And again, Merb saying, uh, CA and New York are two big hubs for copyright. It worked. Yeah, I mean it's makes a lot of sense. And I I'm would imagine uh uh Tennessee with Nashville would also be a pretty big copyright state. And yes, as Luke is pointing out, it's only one video. uh that was used as DMA only copy uh got the copyright or got the how did Merr put it the other day? Uh the copyright exists. It's just he he he registered the copyright for the one video if I'm saying that correctly. Okay. It still seems strange that you can get you can get a copyright two years down the roads and then enforce it. Yeah. Yeah. Uh serial did he transform the video? It it really depends. That's what they're going to look at during the case. Did he do it enough? Did he uh by by YouTube's excuse me uh did he transform it to the point where there was new information? Tori, we're done. And it looks like they're going to take a pause here. So, you are muted. That was an extended sidebar. Uh they're going to take a pause here. So, we're going to take a quick break so everyone can get up and do uh whatever they need to for the next few minutes. We've been sitting here for quite some time. Yeah, as as I was trying to express that verb, the copyright exists when the work is created. The copy might copyright must be registered before sued. Creation is different than registration. Yeah, I was just mangling the words. Let me get rid of that music. Okay, folks. So, I know everyone needs a break from this for a few minutes. If I can find the right damn screen. We're going to go to some of our own annoying background music for the night. Probably Hey, that's probably the last time you're going to hear these, too. So, uh let's pick uh Hank, I'll let you do the final one. One, two, or three for the background music. I didn't hear you. You just robot it. I didn't robot. I didn't make up a make a decision. Uh let's go with two. Okay. And let me find the screen again. I should be professional at this. We've been doing it for so long. Stop screen. Present. We'll be back with you in about five minutes, folks. Get go. [Music] [Applause] [Music] Don't open the mouth. Kids fill up the hall. [Music] Dressing up so well. Lining up the floor [Music] on a high school dance floor. Wearing shoes [Music] is over now [Music] for [Music] [Applause] [Music] [Applause] All the lights are on. Stream is start to fall. Heat. Heat. Heat. [Music] [Applause] [Music] Heat. Heat. [Music] [Applause] [Music] [Applause] [Music] Heat. Heat. Heat. [Music] Heat. [Music] [Applause] [Music] Heat. Heat. [Music] [Applause] [Music] Heat. Heat. [Music] Heat. Heat. [Music] [Applause] [Music] That's far. [Music] Do Three days pass we leave you days long [Music] [Applause] [Music] [Applause] [Music] [Applause] I watch [Music] this [Music] to show this beautiful Baby show [Music] [Applause] up. [Music] [Applause] They come here to continue [Music] to d [Music] I'll turn you [Music] Baby [Music] come [Music] baby [Music] song. [Music] And we are back. I forgot I was not muted. Uh, welcome back everybody. They have a few minutes left in the lunch break before they get back on the air. Uh, we hope jurors. We hope. Yes. Uh the jury are awaiting jury instructions and then this would go uh for deliberations. They were asked by the judge to stay until 5:00 for the first day today so they can do some deliberations once her instructions are over. However, she did say that her instructions are going to take quite a bit of time to get out. So we may be looking at I'm assuming under an hour before the actual Recaffeinate while you can, folks. Recaffeinate while you can. Yeah. Now, what's going to happen with our program is once the instructions are over and once they're done from the court, essentially once Court TV is done doing whatever they're going to do from the live courtroom, uh we're going to take off for a couple hours here and come back when they reconvene for the end of the day. Last year, they had filler material playing uh during the hours. So, we're not going to stick around for that. I think both Hank and I need a break. So, we will be taking a break unless suddenly they uh unless it was close enough to 5:00 somehow uh that there won't be a break, which we are hoping doesn't happen. And that would mean the they immediately walk in, say she's guilty, come back, and then we deal with that. And I just don't see that happening right now. after that. It won't be that quick. Um yeah, I imagine they're going to have at least one full day of uh Yeah, it it's not going to end day. That's for sure. Uh if we're lucky, we might see a verdict by the end of Monday, but I'm not hopeful. Right. Sorry, just checking out serial uh her comments. And yeah, uh so tonight we'll be back with you for their closing up shop. That usually happens. Last year it happened from 4 to 4:30 every day. Today I'm assuming it would happen from uh 4:30 to 5ish. So, just plan on having us back for about a half an hour around 4:30, 5:00. Then tonight, 8:00 Eastern, we're back for our usual hangout. We'll be talking about the closing arguments and watching a couple of drunk girl videos. Uh, if you want to hang out, have some fun, react with us, please. Uh, the more the marrier. That goes for our friends over on Twitter as well. I know we don't have a big crowd today like we normally do, but for those over on Twitter, thank you for following us and thank you for being here. Uh we recently have returned to Twitter following almost a year departure since they started charging to actually stream to Twitter. Uh tomorrow night we're back with you for our usual show. And then Monday at 8:00 Eastern that is. And then Monday night, we are back at 8:00 Eastern with the birthday party for Pants. Uh Pants is our new news reader for the articles each morning. He's done a super job and we do have several folks who have paid some tributes to Pants that we may be airing right here live just to embarrass Pants further. Yes. So, it is a happy birthday to Pants coming up and we are so appreciative of him. I think the videos are quite a bit better with a real life human, even a grumpy one at 4:00 a.m. writing for him as he uh as he brings his uh what would you call it? Timeless charm to uh the reading of the newscast. So, thank you again to Mr. ants for being such a good friend and such a good uh to help our channel out. If he's uh kind of down on his birthday, not feel uh feeling sad or whatnot, would we be would we be get catching his pants down? Yes, we would. Yes, we would. Oh god. Yeah. Got to get the puns in. And thank you. Yes, Facebook Karen is reminding us that she's our Facebook viewer. Yes, thank you, Facebook Karen. We wouldn't forget. Hi, Facebook Karen. We said hi earlier. Sometimes the number doesn't show up here in Streamyard. So, uh we were having that problem the other day with uh with uh Twitter. I had to go over to Twitter and take a look to see if we were actually broadcasting because we had a zero when we had a 40 or so uh the minute before. So there we go. But yes, Facebook Karen, we would not forget you. It looks like we are having some activity in the courtroom as they're uh we're getting random words on the screen on their feed again. So, lunchtime may be over. It doesn't look like Karen Reed and Associates were able to go to a fancy restaurant. They may have had to brown bag it. You don't have the the courtroom video on screen. I know. I didn't put it up yet. I I know. I know. Okay. Well, you're describing things happening like we should see it. Well, I'll put it on the screen in a second. Give me a second. There we go. See, just said you again. It keeps saying you. There you go again, bastard. I don't know why it's saying you, but it caught my eye. So, but every few minutes it pops up with several use. So, we'll see what's going on. Uh, I still have not heard attention's attention. You you Yeah, might be it. Or the youth youths of uh my cousin Vidy. Utes. Utes. Utes. Oh, good lord. Let us take a look. There were no court updates for any of the cases we've been following this morning so far. Uh, Chile Castro still has not answered the he has an outstanding motion or an outstanding filing in the most recent case against the judge. Uh he also has to get with the LVMPD lawyer to find a path forward in the original case. He still has not responded to the Iron in Nevada case where his response was thrown out by the judge as he did not ask for permission to make that response before going ahead and doing it. We don't know if if Dcastro is following any of his cases closely. He does rely on Justia, but he doesn't seem to rely on it that often. While I'm in there updating on Court Listister and Pacer every day, checking his cases, Chile seems oblivious at times to what's going on in his own cases. It's kind of strange. I I mean, I may be the type of personality who's always on top of things like that, but the absolute ignorance of his own cases does not bode well for him as he promises more coming against anyone of value who pisses him off because it's not costing him anything. He's gaining off of it every time from his from his listeners. Well, he was making the plea last night. Last night was weird. Last night was a very, very weird thing for him. As I was telling you earlier, he last night or the night before last, he didn't have a live stream. Instead, he live streamed a rant. Well, he recorded a rant that he felt was too harsh. So, of course, he played that rant last night in the background with his big giant head in front of his big giant head reacting to said rant. And in this said rant, it comes out that he is barely making it on the super chats that people are sending in. that his merchandise is not selling as well as he wants it to sell, which we all do because he's giving it away every time on these broadcasts. A hard time giving it away. So, yeah. Uh we know that at least one person cough cough who we used to work with would regularly spam him with fake requests and fake addresses for or random addresses for trifolds. We know that uh and he is claiming that he gets hundreds of requests a day for these trifolds from people can't possibly pay. I may or may not have uh sent in some requests sent to certain addresses like the governor's mansion. Well, what for a free trifold? Yes. Okay. Well, I don't know. But uh Hello, Gia. Hi, Gia. Hi, Gia. I just watched Hank's clothes. I told you it was good. Wow. What about my What about my clothes? Your clothes. I'm not wearing any clothes right now. Uhoh. That was brilliantly done. Thank you. I think I think I I mean I'm still under the honest opinion that if it had been reversed, if Hank went first and the defense went second in this, even with a short rebuttal, I think the defense case would have been more memorable because it was so sensational. But when their sensation and halftruths were countered immediately by such an effective putting on of the actual facts in the case and and not only that, give those jurors some credit that they remember what was put out and that it's not the fantasy that he tried to lay out. Yep. We have Were they allowed to take notes during the opening? Uh, I don't remember. I don't think they were. I think everyone had to put their pads down just like this time because it's not evidence, right? It's not evidence. But I'm I'm curious. I forget his opening, but he promised a lot of [ __ ] in his opening that never appeared. Like he he promised he promised to place John in the house. Yep. Didn't happen. promised that the uh prosecution's own witnesses would put John in the house. He promised a lot of things that he could never follow up on. And both sides got their little shots in. I mean, the dog stuff came in when I I didn't think it was going to come in as the way Jackson brought it in. Y. But then again, uh, there were shots at Arca. There were definite shots at Arca. Yes. Oh, yeah. Uh, that was hilarious. I forget the one, but I'm just like say that thanking them for making their point on pieces of the case and stuff like that. Right. Yeah. Yep. And John is not a buffalo on a hill, right? What a horrible thing for her to say. She has got to be regretting those interviews. Why in God's name did they let her do those interviews? 400 hours of interviews. Ah, anyway, you don't tell Karen what to do. And the uh you could tell she picked the uh font and the style to use by Jackson as each section had changed up on the screen. It was a very 90s sort of section header with a with a sideways slant and handwritten. Yeah, it was it was very ' 90s kid. It was very '90s kid and that was totally her and not a professional uh sequence to put up in front of the the jury. They were trying to humanize her through that. Yep. And yes, right now they are at lunch. So I'm sure Judge Bev is getting a quick sandwich or a quick bottle of wine or whatever you making airline reservations. Oh, good lord. Wonder what file the appeal is in. Yeah, I'm still holding off until after this is done to do actual lunch, which tonight might be closer to dinner, but oh well. But I did have a nice little st snack of some cheesecoed tater tots. I had half of an Americano sandwich, whatever the hell that was, from the grocery store. Oh. Uh, slices of pepperoni and ham. Oh my god. How is that America? That doesn't I think Or was that lunch? That wasn't That was lunch. Oh yeah, that's right. That was lunch. It was actual slices of ham and and pepperoni. It wasn't processed. It was They made it there. I'm having nonprocessed food for once and you're yelling at me. Salami is processed. Yeah, but it wasn't like fast food. It was something they made right there at the supermarket. Oh, you mean they made the sandwich? Yes. Oh, okay. All right. Yeah. It wasn't McDonald's. It wasn't whatever. All right. All right. All right. You know, you could do the same thing by buying bread and lunch. Probably, but it wasn't my choice. I was handed a sandwich and said, "Here, got this for you." And I'm like, "Okay, I'll eat it." Oh, I'll eat it. I had an egg white, spinach, and Swiss cheese omelette for breakfast. There you go. It was delicious. At the beauty parlor, I Yeah. How is she? She's at the beauty parlor. Okay. They haven't called me yet to come and get her. Well, she's having her nails done. She's having her nails and her lady hump done. Okay. I still have not heard back from Touché or uh from Pope on the number of days that Coke Dog has been banned from the show. All of them. No. Infinity. He can't come back. He's in a million pieces of glitter. Well, you never know. You never know. Yes, we do. We even have any start comments. I may have been wrong. I'm flashing back to last night. So, I don't think we had start comments today. I don't know. Did we? No, there's nothing listed. And they are going long for half an hour here because we took 10 minutes or we took uh seven minutes with the music. Karen won't come out of the bathroom. That's what they're waiting for. Maybe Michael Proctor is declaring his love. That's it. He finally got the nudes and he's declaring his love for Karen Reed. It It's like the scene with with John Cusac and the boo box. He's standing out or maybe it's Turtle Boy. Turtle Boy is standing out front with a boom box over his head wearing his trench coat. It's Peter Gabriel's In Your Eyes playing. Yeah. Never know. I haven't seen John Kuzzac in anything in a long in a while. He does not A or B-level movies anymore. There when he does something, it's usually something obscure. He just made, wasn't he in uh the hot tub time machine? Yeah. And he came back for like a three minute cameo in the second one. I didn't even know there was a second one. The first one was bad enough. There was a second one and basically they had to replace him cuz he wouldn't reprise the role other than the tidy cameo in it. Yeah. And before Hot Tub Time Machine, then there was the one where he played the assassin. Uh, yeah. I just gross point blank. Gross point blank. The assassin going back to his high school reunion. Yeah. Yeah. Yeah. That was gross point blank. And believe it or not, that was wow. Mid 90s. because it was right around it was the 10-year high school reunion which was about my sevenyear high school reunion. Well, it was hard to believe him as a high school student in Better Off Dead. So, he had to start playing older roles. Well, yeah. I think he was 18 and Better Off Dead. Was he that young? Yeah, he was. He was okay because he had already uh done what do you call it? Uh the sure thing I believe he had done that movie previous to Better Off Dead if my memory serves me correct. Well, the f he the first one I can remember him in was where they go to the beach resort for and he meets the either he's an animate and yeah through drawing animation or he the girl he meets is an animator I don't remember it was him uh one crazy summer and that was a sort of sequel to better off dad that was a few years later Bobcat Goldweight was in that uh yeah, Demon Debbie Moore was in that one. She was actually uh the love interest in that one. She played a hippie, but he is right now he's very political and very involved on Twitter. Yeah. Well, she's played a stripper, a hippie, uh, Navy Seal. Uh, yeah, War Games was good. Oh, Zooie, you'll be ready in 15 minutes. Just got a text message. Well, have fun going. It's right across the street. It's right across the street. Yeah. Yeah, it's at the corner, the next intersection at my house. a new place um that opened up like I don't know 8 months ago 9 months ago um and the groomer at camp that I loved um moved so I had to find a new groomer and I tried out this place and wow they do such an incredible job. Yep. Um they have a mobile groomer in my area now. I'm going to give him Yeah, I used to do that, too. And she moved as well when I had Henry. She moved to Idaho. Well, it's just it's too it's trying to wrangle all three dogs. Yeah. Yeah. Is a pain in the ass. But if I can a mobile groomer coming to the house doing the three pups Yep. might be worth the extra money. Yeah, I I haven't even looked into it to know they might charge the same rate as uh and look at their reviews. Yeah, look at their reviews. Um I had a great one. They'd back into my driveway. It would take 45 minutes for my for Henry. He hated it with a passion. But Zoe has no problem getting groomed. She loves it. She loves a blow dryer. Um yeah, Chief just he fine with the grooming. It's He does not like to be put into a kennel. Yeah, they air dry him in a kennel. No. Um um most of the places around here you drop off your dog and come pick them up and they put them in a kennel before they groom them and then put them back in the kennel while you Yeah. Uh it was actually hard to find one that would allow me to uh they got my number and I wait in the parking lot until they say they're ready for me. I bring Chief in and I wait in the parking lot until he's done. Yeah, just looking at his nails. I got to take him back to the groomer soon. Yeah, though his nails were so long and one of her paws was smashed against my throat this morning. Well, I've I have to uh take uh Cam's claws and blunt them a bit. She's stabbing me at night. Ah, the love of a dog. Oh, she doesn't want to. She's not She's not like the other two dogs that want to be laying up on me or next to me. She wants to be to where she's laid out not being touched except one paw stretched out to be touching me. There you go. And she'll wake up, I guess, and that paw's not there and she'll slam. She ends up stabbing me trying to get her paw back, touching me. [Laughter] I had to I had to do them out this morning because she drew blood last night. Oh boy. There's a YouTube short of sleeping dogs with her owners and it's hysterical. Some of them are snoring. Some of them are like up on their neck and their head like Zoe sleeps on me and the owner's got their eyes open. It's hysterical. Chief likes to use a sheet or blanket between my legs to use as a hammock. He starts out he starts off with his head facing the foot of the bed, but by the morning his head's up. He he he turns a 180 degrees. Yeah. Yeah. is always always next to me long ways as not my leg or my side or my back. She's got to be completely touching me. Well, Sammy will um he will sleep on my chest or he likes to sleep on the pillow. He becomes a dog hat for me. Yep. He's stretched across and feet on one side of my rear feet on one side of the head and the front feet on the other. [Music] Okay, folks. Uh they they're going quite a bit quite a bit over time here. As soon as you start up a video or something to fill the time, they'll be in. I know that that's why I've been holding off. I've been letting you two talk cuz uh they can't get Karen out of the bathroom or they're at their they have reservations. Oh, yes. Yes. Um, yes, the caviar hasn't been I forgot I forgot what the text said about the leaky pooper, but maybe that's cool. No, no, dude. No. Any plans for this weekend other than not watching Karen Reed? Uh, I'm going to I'm smoking a pork butt tomorrow. Oh, there you go. How about you, Gia? Um, tenatively going shopping with my daughter tomorrow. There you go. Um, Sunday I made since it's Father's Day. Um, that means nothing to me other than I miss my dad. Um, right. Getting my nails done, maybe finishing my Netflix series that I am addicted to. Okay. Starting another one. Um, there's all sorts of sales for Mother's Day. Yeah, but there's hardly any any sales going on for Father's Day. Huh. Other than uh the only ones I've seen are on like Voodoo or uh Amazon Prime Movies for Dad. Oh, yeah. There's there's some sales. It's just Yeah. So much less than Yeah. It's not the over over-the-top stuff that you normally see for Mother's Day for this holiday. And here it's the first it's it's actually the it's been two months since my dad passed. So it'll be the first uh dad related father's day or holiday without him. So that's going to be and my father my father's wake was on Mother's Day. Oh god. Yeah. And my mother had been gone for years, but he died two days before Mother's Day. And that's why my daughter and my husband came back to Chicago because of Mother's Day. He asked me right on his deathbed, "When is your do when is your daughter and my ex-husband coming back?" And I said, "They'll be here. They'll be here tomorrow." and he died the next morning. Oh jeez. So I had to call my daughter from the nursing home before she got on the plane to tell her that grandpa died. Yeah, it was tough. Was really tough. She was like uh 12 years old, right? And they're still at break. They're on lunch break, folks. We'll be back with the coverage soon. Uh I know I've been lazy about jumping into a drunk girl, but let's face it. They will come back as soon as I pull up a video. And I just got to uh so once this is done tonight, uh I got to go to the VA hospital and visit somebody that uh went into the he went to the ER last night and he just he texted me yesterday. It was still daylight out, so I don't know how late it was that he was at the ER waiting. Didn't get admitted until um like 5 6:00 this morning. See how that's done? But he's admitted, so I'll go visit Yeah, tonight uh no plans other than to be back here around 5:00 for the jury watch and then back at 8:00 tonight for our normally scheduled Parson Friday where we will probably be marrying off Parson to a wonderful ful handpicked lady of the night, a flower of virtue, someone who accents his positivity. Are you trying to give him get him a hu [Laughter] when you say lady of the night? That's uh sounds like a Yeah. A lady of experience. Oh, a lady. Not just our random drunk girls, but someone with some sophistication. Sophistication. High price. That's right. Let's see what we have. Uh, Gio, one, two, three, or four? Two. and I'll be back. I got to go get fluffy ass. All right. Well, two is a quickie. Let's get started on it and then if they come back, we'll just finish it tonight cuz this one's only 10. She ran away from the hospital during her ongoing treatment. I need to go to my children. Can you take me? You need to go to your children. They're not safe. Yes. Okay, listen. I think Oh my god. I thought she wasn't wearing a shirt at first. And she's running in the creek and telling me to shoot her in the middle of the street. I'm going to stop. Stop. Stop. [Music] Stand by. I got signal 50 in the road. I don't know if it's my end or yours, but the video is really choppy. Maybe your end. I'm not. Stop. Folks, put it inside chat. Are we getting chopped? Uh, can you can you see it? Okay, folks, or not? Cuz I I'm not having the sound the sound is coming through fine, but the video is just real choppy. It may just be their video. Let's take a look cuz they were running. He's already No, it's it's only changing frames like every to Okay, that seems to be you. Get to your safe. Okay. Side chat is saying no problems. Okay, relax. Please relax. Please log out. Log back in. Listen, I'm getting you help is what you don't understand. I don't want to fight with you. No, I'm telling everybody CNN. But I cannot let you hurt yourself. Okay. I cannot let you hurt yourself. Get off of me. You're hurting me. I don't have Why? I can't breathe. I can't breathe. I can't breathe. Okay, I'm not putting I'm not putting any pressure on you. The earth dog, get off of me. I know you don't get help. Stop. Help. I need help, dog. You see me? Any better, Hank? Still a bit choppy, but not as bad as it was. Okay, I'm going to grab your G for you. me and I fill me up with drugs right now. Get off of me. Who are you? Get off of me. Please shoot me up. I'm literally begging you. Please stop. Stop. You see me, ma'am. No. No. You're hiding. Stop. Please. I was just waiting for you. You good? Put your arm behind. Okay. And guess what? As everyone said, as soon as we went, they are back from break. All we missed was that they reconvened and said that the jury was entering. Uh, side check. Side chat. Is the video okay? All right, jurors. Going to give you the instructions now in the law. But first, I want to thank you for serving on this jury and for being so attentive. uh you'll soon deliberate for the purpose of reaching a verdict. But before you do that, it's my responsibility to give you the instructions concerning the law. These instructions are divided into three parts. The first part, general instructions that are provided in every criminal case, the second part, specific instructions concerning the crimes alleged in this case, and third, guidelines for your deliberations. Please listen carefully to all of the instructions. Do not ignore any instruction or give any special attention to any other instruction. To make sure that I give you the instructions accurately, I will read them to you. You'll also get a written copy so that you may refer to it in the jury room during deliberations. I will try to make sure that my oral instructions match the written instructions. If there is any difference between what I say aloud and what the written instructions say, please follow what I say aloud. You must take the law as I give it to you. You may not quarrel with it. You can't do that regardless of any opinion you may have as to what you think the law ought to be. Lawyers or witnesses may suggest u something about the law. That's not necessarily the law. That's because it's my responsibility of the as the judge and mine alone to instruct you what the law is. I'll now turn to part one of these instructions, which are general instructions that apply to all criminal cases. As I've explained to you at the beginning of the trial, there is a fundamental rule that applies to all criminal cases, including this case. Every person who is accused of a crime is presumed to be innocent of that crime. Miss Reed is presumed innocent of the charges in this case. That means you must consider Miss Reed to be innocent unless the prosecution has proved beyond a reasonable doubt through evidence presented at this trial that Ms. Reed committed the crimes charged. I'll explain what I mean by reasonable doubt in a moment. Ms. Reed does not have to do anything to convince you that she is innocent. She does not have to explain anything. She does not have to testify, call, or question witnesses, or provide any evidence at all because you must presume she is innocent. Instead, it is up to the Commonwealth to prove the charges against Miss Reed beyond a reasonable doubt. This burden of proof never shifts to the defendant. After you have considered all the evidence carefully and fairly, if you have a reasonable doubt about Miss Reed's guilt in a particular charge, then your verdict must be not guilty on that charge. You may find Miss Reed guilty of a charge only if all 12 deliberating jurors agree that the comealth has proved the charge beyond a reasonable doubt. Now, what is proof beyond a reasonable doubt? The term is often used and probably pretty well understood, though it is not easily defined. Proof beyond a reasonable doubt does not mean proof beyond all possible doubt. For everything in the lives of human beings is open to some possible or imaginary doubt. A charge is proved beyond a reasonable doubt if after you have compared and considered all of the evidence, you have in your minds an abiding conviction to a moral certainty that the charge is true. When we refer to moral certainty, we mean the highest degree of certainty possible in matters relating to human affairs based solely on the evidence that has been put before you in this case. I have told you that every person is presumed to be innocent unless and until he or she is proved guilty and that the burden of proof is on the commonwealth. If you evaluate all the evidence and you still have a reasonable doubt remaining, the defendant is entitled to the benefit of that doubt and must be acquitted. It is not enough for the Commonwealth to establish a probability, even a strong probability, that the defendant is more likely to be guilty than not guilty. That is not enough. Instead, the evidence must convince you of the defendant's guilt to a reasonable and moral certainty. A certainty that convinces your understanding and satisfies your reason and judgment as jurors who are sworn to act conscientiously on the evidence. This is what we mean by proof beyond a reasonable doubt. How do you decide whether the Commonwealth has proven that each element of an indictment is true beyond a reasonable doubt? Let's talk about the roles we all have. First, the function of the jury. You are the most important people in this room. It all begins and ends with your function. You will determine the facts in this case and that is your job and yours alone. You are the sole and exclusive judges of the facts. If there are any conflicts in the testimony, it is your job to resolve those conflicts if you can do so. Once you determine the facts, it is your duty to apply those facts to the law as I explain it to you and to determine whether the Commonwealth has proven its case beyond a reasonable doubt. You must decide the facts solely and entirely on the evidence as you have seen, heard, and heard in this courtroom and on nothing else. No prejudice, no bias, no fear, no favor. You must not be swayed by personal likes or dislikes. Your deliberations are no place for emotion, sympathy, passion, or prejudice. The Commonwealth and Karen Reed have a right to have the case judged by fair and impartial jurors. All parties who come before the court stand as equals before you. Therefore, your verdicts must be based on the law as I'm giving it to you and on the evidence and the facts that you find and nothing else. You cannot allow yourselves to be influenced by any personal feelings you may have about the nature of the crimes with which Miss Reed has been charged or the consequences of your verdict. Just the cool, reflective, and impartial sifting of the evidence so that here in this courtroom, justice may be done. Your focus is on the evidence. I am the judge of the law. My job is to teach you the law that you must follow in the case. However, I have no opinion about how you should decide this case. You should not consider anything I have said or done during this trial as reflecting any opinion by me about how you should decide this case. If you believe I have an opinion about the facts of this case, you must disregard it. You must decide this case based solely on your evaluation of the evidence. The arguments of the lawyers are not evidence. They are not witnesses. If a lawyer during argument made a mistake in summarizing the evidence or argued something not supported by the evidence, you must disregard it. It is the jury's collective memory of the evidence that controls the matter. Lawyers objections are a proper part of the court procedure and are not part of the evidence. So don't hold it against the lawyers or their client if they made objections, motions, or other requests. They're simply doing their job during the trial. There was testimony at trial that the lawyers interviewed witnesses when preparing for the trial. You may not draw any unfavorable inferences solely from that fact. There is nothing improper about conducting such interviews. On the contrary, the lawyers are obliged to prepare their case as thoroughly as possible and may interview witnesses. The verdict must be based only on the evidence and the jury's collective reasoning applied to the evidence in a fair and impartial manner. The extent to which you believe or disbelieve a witness or what an exhibit purports to show and the importance to give any testimony or other evidence is entirely up to your own good judgment. The evidence consists of the testimony of the witnesses and the exhibits that were introduced in this trial. You will have those exhibits with you in the deliberation room. In addition, as you heard during the trial, the prosecution and defendant agreed that certain things are true. Therefore, you must accept those things as true. There are some things you have heard about that have not been introduced into evidence, such as previous testimony of witnesses, police reports, autopsy and accident reconstruction reports, and perhaps other reports. You may naturally wonder why neither side has introduced any of them into evidence. The answer is that under our rules of evidence, such reports usually may not be admitted. Although the parties may refer to them for certain limited purposes while questioning witnesses. So you should not hold it against any party that you do not have them and neither should you speculate on what they may or may not contain. Similarly, as you review the exhibits, you may find that some information has been removed because it is not relevant. Please ignore that and don't try to guess what may have been removed from there. Any information that you may have read, heard, or seen about the case outside of the courtroom is not evidence. My instructions to you and any other comments I made, the lawyer's opening and closing statements and any comments they made are not evidence. If the lawyers or I made any comments during the trial, those comments are not evidence, and you must base your verdict only upon the evidence. In an interaction between a lawyer and a witness, you may consider only the witness's testimony as evidence. Answers that I struck from the record and told you to disregard are not evidence. Only the testimony of the witness, that is, their answers to the questions and the exhibits are evidence. Finally, on this topic, if one of the lawyers or I refer to some part of the evidence and that does not coincide with your own recollection, it is your collective recollection which you are to follow in your deliberations. It is important to remind you folks that the verdict cannot be based on emotional reaction or sympathy for any person or side of this case. Certain of the testimony and exhibits may have provoked an emotional reaction in all of us. You may feel sympathy for the family of Mr. O'Keefe and you may feel sympathy for the defendant as she sits here in the courtroom, but your job is to decide the case without bias, fear, sympathy, or favor, to view the evidence with a certain clinical detachment, and to decide the case based solely on the evidence and the application of the law. I have allowed you folks to take notes during the trial if you chose, and you may refer to those notes during your deliberations. But remember, they are not evidence or a substitute for the evidence and your recollection. They are for your personal use. Please do not share them with the other jurors. Please consider the evidence as a whole. Do not make up your mind about what the verdict should be until after you've gone to the jury room to decide the case and you and your fellow jurors have discussed the evidence. Keep an open mind until then. For each indictment, you must decide whether the Commonwealth has proved beyond a reasonable doubt that the defendant is guilty of that specific charge. Your decision as to each charge must be unanimous, meaning that all 12 deliberating jurors must agree. You will receive one verdict slip for each indictment. When all 12 jurors agree on the verdict for a particular indictment, the four persons should check off that verdict and then sign and date the slip and ink. For each charge, if you all agree that the Commonwealth has proved Elliot every element of the charge beyond a reasonable doubt, then you should find Miss Reed guilty of that charge. On the other hand, if you all agree that the Commonwealth did not prove one or more elements of a particular charge beyond a reasonable doubt, then your verdict must be not guilty on that charge. You'll remember that we took a view in this case. It seems like a very long time ago, but we took a view in this case. The purpose of the view was to help you better understand the evidence that you heard during the trial and to help you appreciate the locations and their surroundings. Your responsibility in the view was to see the places, observe them carefully, and remember what you saw. The view is part of this case. You may use and consider the observations that you made while on the view in your deliberations in reaching a verdict. The same is true about the demonstration we saw from the witness stand. The demonstration was done simply to help you understand the evidence and you may consider it in your deliberations. It is the jury's job to earnestly seek the truth of the matter. In doing that, the jury must decide questions of credibility and reliability. The jury must decide how truthful or reliable or convincing any part of the evidence is. You should evaluate the testimony of a police officer in the same way you would evaluate anyone else's testimony. You must not automatically believe or disbelieve a witness just because the person is a police officer. In deciding questions of credibility and reliability, you may rely on your common sense and reasoning powers and your life experiences. Consider a witness's testimony in the context of all the other evidence, not in isolation. You may consider the demeanor, cander, and appearance of the witness in testifying. Who was the witness? What relationship did they have to the case to the other witnesses or parties? Did the witness have any bias, reason, or motive to give false or shaded testimony? If so, you may consider that bias or motive in your deliberations and ultimately as to whether or not it impacts the credibility of the witnesses and the assessment of the evidence presented. Is the witness someone likely to give an honest and impartial account? Consider not just whether the witness was honest, but also whether the witness's testimony was accurate and reliable or honestly mistaken. A prior statement by a witness, if inconsistent with his or her trial testimony in any way, may be considered on the witness's credibility and reliability, and only for this purpose. Also, if there has been a suggestion that a witness recently contrived their testimony, you may take into account any earlier statement the witness made which was consistent with their present testimony. The prior statement is relevant only as to the witness's credibility and reliability and only for this purpose. You have heard some evidence suggesting that the Commonwealth did not conduct certain scientific tests or otherwise follow standard procedure during the police investigation. This is a factor you may consider in evaluating the evidence presented in this case. With respect to this factor, you should consider three questions. First, whether the omitted test or other actions were standard procedure or steps that would otherwise normally be taken under the circumstances. Second, whether the omitted tests or actions could reasonably have been expected to lead to significant evidence of the defendant's guilt or innocence. and third, whether the evidence provides a reasonable and adequate explanation for the omission of the test or other actions. If you find that any omissions in the investigation were significant and not adequately explained, you may consider whether the omissions tend to affect the quality, reliability, or credibility of the evidence prevent presented by the commun. All of these considerations involved factual determinations that are entirely up to you. And you are free to give this matter whatever weight, if any, you deem appropriate based on all the circumstances. During the trial, I gave you some instructions on how you are to consider some of the evidence you heard and importantly, how you are not to consider the evidence. I'm going to summarize those limiting instructions here. Miss Reed is not charged with committing any crime other than the charges contained in the indictments. You've heard evidence about interactions that Ms. Reed may have had with Mr. O'Keefe in Aruba and others in Aruba. The evidence was admitted solely for your consideration as evidence of the nature of the defendant's relationship with Mr. O'Keefe and whether it goes to her knowledge or intent or motive on January 29th, 2022. You may not consider the evidence as proof that she has a criminal personality or bad character. You may not take the defendant's prior acts as a substitute for proof that the defendant committed the crimes charged here or to conclude that if she committed the acts in Aruba, she must have committed the offenses with which she is charged here. You can only use the evidence for the limited purpose of how it goes to the defendant's state of mind, motive, and the nature of her relationship with John O'Keefe. Before you consider any electronic communication in your deliberations, you must first find that it is more likely true than not that the persons who authored the electronic communications were in fact John O'Keefe, Ms. Reed, Michael Proctctor, Brian Higgins, or others alleged to have authored or created them. If you do not find it is more likely true than not that the persons alleged to have authored or transmitted or created the communications were the persons alleged to have done so, then you may not consider the electronic communication in deciding the case. photographs have been entered into evidence and in some instances those photographs will be inside an envelope when they go back to you to the deliberation room. The photographs may be graphic and unpleasant. As I told you when you first saw them, your verdict must not in any way be influenced by the fact that these photographs may be graphic or unpleasant. The defendant is entitled to a verdict based solely on the evidence and not one based on pity or sympathy. Consider a photograph only as it may show a medical condition, the nature of the injuries, or the details of the incident itself. You heard evidence of statements made by John O'Keefe. These statements were admitted only for a limited purpose of establishing John O'Keefe's state of mind. You are not to consider this testimony as proof that the defendant has bad character or propensity to commit crimes. The testimony of witnesses recounting conversations with Mr. O'Keefe or messages the defendant's phone received from him can only be used as they go to the defendant's motive or intent on January 29th and only if you find that Miss Reed was aware of Mr. O'Keefe's state of mind at the time of the crime and would be likely to respond to it. There need not be direct evidence that the defendant learned of Mr. O'Keefe state of mind, so long as you can reasonably infer from the evidence that she did learn of it. Now, you have heard testimony about statements allegedly made by Miss Reed. Before you may consider any such statement, you're going to have to make a preliminary determination whether it can be considered as evidence or not, and for what purpose it may be used. You may not consider any such statement in your deliberations for the truth of any such statement unless from all of the evidence in the case, the Commonwealth has proven beyond a reasonable doubt that the defendant made the statement that she's alleged to have made and that she made it voluntarily, freely, and rationally. In determining whether or not any statement made by the defendant was voluntary, you may consider all of the surrounding circumstances. You may consider any evidence you have heard about the defendant's physical and mental condition, her intelligence, age, education, and experience. Your decision does not turn on any one factor. You must consider the totality of the circumstances. Some testimony came from witnesses who saw or heard something. Some witnesses also told you about opinions or conclusions they reached based on some special training or experience. But special training or or experience does not necessarily make the witness's testimony any more believable or important than any other evidence. So, you should consider the same questions about witnesses testimony that I mentioned earlier, including any bias or motive these opinioned witnesses may have had to testify in a certain way. You may also consider the witness's level of experience and training and whether they base their opinions on the facts that you find to be true. There were hypothetical questions asked of some of the witnesses. You may give whatever weight you deem appropriate to the opinion based on the hypothetical, but only if after careful consideration, you find that all the facts in the hypothetical were true. Remember that witnesses, even those with special training or experience, do not decide cases. Juries do. It is up to you whether to accept or reject in whole or in part any opinion or conclusion that a witness offered during the trial. You have the same powers with respect to the exhibits that you have that you do with respect to the witnesses. Look them over and decide the weight that is the value that they deserve to receive in helping you resolve the case as you make your ultimate judgment about whether the Commonwealth has proved its case beyond a reasonable doubt. You do not have to believe something simply because it's written on a piece of paper or appears in a photograph. You are not of course required to disbelieve it because it appears there. You decide whether to believe what an exhibit purports to show and how much weight, if any, to give the exhibit. Certain charts and summaries not admitted into evidence have been shown to you as testimonial aids intended to summarize, clarify, simplify evidence, or to help explain the contents of records, documents, computer data, or other evidence introduced in the case. Charts and summaries are not new evidence and you should give them only such weight as you think the underlying evidence deserves. So you've heard me talk about sources of evidence in this case. Those are the tools that you have to decide the case. Now with that evidence in mind, what can you do with it? As jurors, you may bring to bear all your knowledge and experience. You don't check your common sense at the door to the jury room. Just the reverse. I instruct you to use your common sense. Give the evidence a reasonable and fair construction in the light of your common knowledge and experience. In determining the facts in this case, you may draw reasonable inferences from the evidence that you believe because you're entitled to rely upon both direct and indirect or circumstantial evidence. Direct evidence is evidence of what a witness claims to have seen or heard or touched or somehow perceived with their own senses. Indirect or circumstantial evidence exists where a witness does not testify directly to the fact that is sought to be proven, but you are provided with evidence of other facts and then asked to draw reasonable inferences from them about the fact that sought to be proved. Such inferences may be considered with all of the other evidence in reaching your verdict. Indirect or circumstantial evidence alone is sufficient to establish guilt beyond a reasonable doubt. Now, what do I mean by an inference? An inference is a logical deduction of conclusion that you may but are not required to draw from evidence that you have accepted as believable. Inferences are little steps in reasoning. Steps in which you take some known information, apply your experience in life to it, and then draw a conclusion. Sometimes you can draw more than one inference. You have to decide which inferences are reasonable and decide which seem more reasonable to you. Remember, when you're dealing with inferences, you never have to infer anything. You may, but do not have to draw inferences whatsoever. An inference drawn from indirect or circumstantial evidence need not be necessary or inescapable. But any inference which you do draw must be reasonable and possible. It must be logical. It must be a natural one which is not too remote in the ordinary course of events. You may not guess. You may not speculate. You may not engage and surmise. You should not pile inference upon inference until the pile gets so high that it tips over logically or that the chain gets so weak that it doesn't hold together anymore. When you run through your inferences, check the starting point and the ending point to make sure that they're still reasonable. Further, when the evidence tends to equally give rise to either of two inconsistent propositions, the Commonwealth has established neither proposition. In order to convict the defendant, you must find that all of the evidence and the reasonable inferences that you have drawn taken together prove that she is guilty beyond a reasonable doubt. Let me give you an example of an inference. Suppose that the issue you must decide is whether the US Postal Service delivered the mail today. If you go home and someone in your household hands you the mail and states that they observed the letter carrier deliver the mail and retrieved it from the mailbox, this would be direct evidence that the US Postal Service delivered the mail. The witness perceived the events with his or her own senses and told you what he or she observed. The issue you would have to decide is whether that witness was credible. On the other hand, if you go home from court and find mail in the mailbox, you may infer that it was delivered by the US Postal Service today, you draw this reasonable inference based on the following known facts. The mailbox was emptied yesterday. You know that the mail is delivered by the US Postal Service Monday through Saturday. The letters in the box are postmarked. You have the exactly you have exactly the same power in this case. not the power to speculate or to guess, but the power to draw reasonable inferences warranted by the evidence in the fashion I've just described. You may have noticed that Miss Reed did not testify at this trial. Defendant has an absolute right not to testify since the entire burden of proof in this case is on the commonwealth to prove that the defendant is guilty. It is not up to the defendant to prove that she is innocent. The fact that Miss Reed did not testify has nothing to do with the question of whether she is guilty or not guilty. You are not to draw any adverse inference against the defendant because she did not testify. You're not to consider it in any way or even discuss it in your deliberations. You must determine whether the Commonwealth has proved its case against the defendant based solely on the testimony of the witnesses and the exhibits. Now, that completes the first part of my instructions. Now, I'm going to turn to the elements of the charges against Ms. Reed. The Commonwealth has alleged that on January 29th, 2022, Ms. Reed did assault and beat John O'Keefe with the intent to murder him and by such assault and battery did kill and murder John O'Keeffe. So, in that indictment, Miss Reed is charged with seconddegree murder. Now, I just want to tell you that our Supreme Judicial Court has promulgated jury instructions on homicide charges that I have to read verbatim. So, I want to make sure to do that right. So, murder in the second degree. In order to prove murder in the second degree, the Commonwealth must prove the following elements. One, the defendant caused the death of John O'Keefe. to the defendant intended to kill John O'Keefe or intended to cause grievous bodily harm to John O'Keefe or intended to do an act which in the circumstances known to Ms. Reed a reasonable person would have known created a plain and strong likelihood that death would result. I will now discuss each of these requirements in more detail. The first element is that the defendant caused the death of John O'Keefe. A defendant's act is the cause of death where the act in a natural and continuous sequence results in death and without which death would not have occurred. The second element is that the defendant intended to kill John O'Keefe or intended to cause grievous bodily harm to John O'Keefe or intended to do an act which in the circumstances known to the defendant a reasonable person would have known created a plain and strong likelihood that death would result. As you can see, the second element has three sub elements which I shall call prongs. and the comealth satisfies its burden of proof if it proves any one of these three prongs beyond a reasonable doubt. The first prong is that the defendant intended to kill John O'Keeffe. This means that the defendant consciously and purposefully intended to cause John O'Keefe's death. The second prong is that the defendant intended to cause grievous bodily harm to John O'Keefe. Grievous bodily harm means severe injury to the body. The third prong is that the defendant intended to do an act which in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result. Let me help you understand how to analyze this third prompt. You must first determine whether the defendant intended to perform the act that caused the victim's death. If you find that she intended to perform the act, you must then determine what the defendant herself actually knew about the relevant circumstances at the time she acted. Then you must determine whether under the circumstances known to the defendant, a reasonable person would have known that the act intended by the defendant created a plain and strong likelihood that death would result. If you have a reasonable doubt as to whether John O'Keefe's death was accidental because the death was caused by a negligent, careless, or mistaken act of the defendant or resulted from a cause separate from the defendant's conduct. You may not find that the Commonwealth has proved that the defendant intended to kill, intended to cause grievous bodily harm, or intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result. In deciding whether the defendant intended to kill, intended to cause grievous bodily harm, or intended to do an act which in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result. You may consider any credible evidence that the defendant was affected by her consumption of alcohol. If the Commonwealth has proven both elements beyond a reasonable doubt, you should return a verdict of guilty. If the Commonwealth has failed to prove one or more of these elements beyond a reasonable doubt, you must return a verdict of not guilty. Now, the second indictment is the indictment charging manslaughter while operating a motor vehicle under the influence of liquor. And there are lesser included offenses on this verdict slip as well, and I'll explain those to you as well. In order to prove manslaughter while operating a motor vehicle, the Commonwealth must prove the following five elements. First, that the defendant operated a motor vehicle. Second, that she operated the motor vehicle upon a public way or in a place which the public has the right of access. Third, that while the defendant was operating the motor vehicle, she was under the influence of intoxicating liquor and or the percent of alcohol in the defendant's blood was 0.0. 08 or greater. Fourth, the the defendant operated the vehicle wantingly or recklessly so as to create a high degree of likelihood that substantial harm will result to another. Fifth, that by such operation of the motor vehicle, the defendant caused the death of John O'Keefe. To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the defendant was operating a motor vehicle. A person operates a motor vehicle while doing all of the things the well-known things that drivers do as they travel on a street or highway and also when doing any act which directly tends to set the vehicle in motion. A person is operating a motor vehicle whenever they are in the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle like the gear shift or the ignition which alone or in sequence will set the vehicle in motion. To prove the second element, the Commonwealth must prove beyond a reasonable doubt that the defendant operated a motor vehicle in a public way. Any street or highway that is open to the public and is controlled and maintained by some level of government is a public way. This would include, for example, interstate and state highways as well as municipal streets and roads. In determining whether any particular street or road is a public way, you may consider evidence, if any, about whether it is some of the usual indications of a public way. For example, whether it is paved, whether it has street lights, street signs, curbing, and fire hydrants, whether there are buildings along the street, whether it has any crossroads intersecting it, and whether it is publicly maintained. To prove the third element, the Commonwealth must prove beyond a reasonable doubt that while operating a motor vehicle, the defendant was under the influence of intoxicating liquor, that is alcohol and/or the percent of alcohol in the defendant's blood was 0.08 or greater. I will now instruct you on both theories. What is it? What does it mean to be under the influence of alcohol? It is not illegal to drive after consuming alcohol as long as the operator is not under the influence of alcohol. However, neither does someone have to be drunk to be under the influence of alcohol. A person is under the influence of alcohol if they have consumed enough alcohol to reduce their ability to operate a motor vehicle safely by decreasing their judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies. The amount of alcohol necessary to do this may vary from person to person. The Commonwealth is not required to prove that the defendant actually drove in an unsafe or erratic manner, but it is required to prove that the defendants's ability to drive safely was diminished by alcohol. You may rely on your experience and common sense about the effects of alcohol. You should consider any believable evidence about the defendant's alleged consumption of alcohol as well as the defendant's appearance, condition, and behavior. In deciding this theory of whether the defendant operated a motor vehicle under the influence of alcohol, you may also consider whether a blood test showed that the defendant had consumed alcohol. However, no matter what the reading is, the blood test is not sufficient by itself to prove that the defendant was under the influence of alcohol. Under the second theory, the Commonwealth must prove beyond a reasonable doubt that at the time of operation, the percent of alcohol in the defendant's blood was 0.08 or greater. The Commonwealth may prove a person's blood alcohol level by a chemical test or analysis of their breath or blood. In deciding whether the Commonwealth has proved the defendant's blood alcohol level beyond a reasonable doubt, you may consider evidence, if any, about whether the test was administered within a reasonable time of operation of the motor vehicle, whether the person who administered the test was properly certified, whether and how the pre-EST procedures were followed and employed, whether the testing device was working properly at the time the test was administered, and whether the test was administered properly. You may also consider any other evidence pertaining to the test or the test results. The fourth element the Commonwealth must prove beyond a reasonable doubt is that the defendant operated the vehicle wantingly or recklessly. A person drives recklessly when they ignore the fact that their manner of driving is very likely to result in death or serious injury to someone or they are indifferent to whether someone is killed or seriously injured. It is not enough for the comealth to prove that the defendant acted negligently that is acted in a way that a reasonably careful person would not. It must be shown that the defendant's actions went beyond man negligence and amounted to recklessness. The defendant was reckless if she knew or should have known that such actions would pose a grave danger of death or serious injury to others, but chose nevertheless to run the risk and go ahead. Whenever I refer to the defendant's state of mind or her intent, you may consider any credible evidence that the defendant was affected by her consumption of alcohol. A defendant may have the requisite state of mind or intent even if she consumed alcohol, but you may consider such evidence in determining whether the comm has proved this element. Here, the defendant must have intended her acts in the sense that they were not accidental. But it is not necessary that the defendant intended or foresaw the consequences of those acts as long as a reasonable person would know that they were so dangerous that death or serious injury would probably result. As such, the comealth does not need to prove that the defendant intended to kill John O'Keeffe. Rather, this is in that category of cases where public safety requires each driver once they know what the situation is to determine and to adhere to an objective standard of behavior. In determining whether the defendant drove recklessly, you should take into account all the facts of the situation. the defendant's rate of speed and manner of operation, the defendant's physical condition, and how well the defendant could see and control her vehicle, the defendants's the I'm sorry, the condition of the defendant's vehicle, what kind of road it was, and who else was on the road, what the time of day, the weather and the condition of the road were, what any other vehicles or pedestrians were doing, and any other factors, including including the defendant's consumption of alcohol that you think irrelevant. The fifth element that the comealth must prove beyond a reasonable doubt is that the defendant by her actions caused the death of John O'Keeffe. The defendant caused the death if her actions directly and substantially set in motion the entire chain of events that produce the death. A defendant's act is the cause of death where the act is a natural and continuous sequence results in death and without which death would not have occurred. If the Commonwealth has proven all five elements beyond a reasonable doubt, you should return a verdict of guilty. If the Commonwealth has failed to prove one or more of these elements beyond a reasonable doubt, you must return a verdict of not guilty. Now, the lesser offense of manslaughter while operating a motor vehicle under the influence of liquor includes the lesser offense of involuntary manslaughter. As a matter of law, the indictment that is before you, which charges the defendant with manslaughter while operating a motor vehicle under the influence of liquor, also charges her with that lesser included offense. The Commonwealth may prove the lesser included offense of involuntary manslaughter, even if it fails to prove the greater charge of manslaughter while operating a motor vehicle under the influence. So, I'm going to define involuntary manslaughter for you. To prove that the defendant is guilty of involuntary manslaughter because of wanting or reckless conduct, the Commonwealth must prove the following elements beyond a reasonable doubt. First, that the defendant caused John O'Keefe's death. Second, the defendant intended the conduct that caused John O'Keefe's death. And third, the defendant's conduct was wanting or reckless. I will now discuss each element in detail. The first element is that the defendant caused the death of John O'Keefe. Remember, Miss Reed caused John O'Keefe's death if her actions directly and substantially set in motion the entire chain of events that produce the death. A defendant's act is the cause of death where the act in a natural and continuous sequence results in death and without which death would not have occurred. The second element is that the defendant intended the conduct that caused the death. The commonwealth is not required to prove that the defendant intended to cause the death. You may consider any credible evidence that the defendant was affected by her consumption of alcohol. The third element is that the defendant's conduct was want or reckless. Want or reckless conduct is conduct that creates a high degree of likelihood that substantial harm will result to another. It is conduct involving grave risk of harm to another that a person's that a person undertakes with indifference or disregard of the consequences of such conduct. Where the conduct is want or reckless depends either on what the defendant knew or how a reasonable person would have acted knowing what the defendant knew. If the defendant realized the grave risk created by her conduct, her subsequent act amounts to wanting or reckless conduct, whether or not a reasonable person will have re would have realized the risk of great danger. Even if the defendant herself did not realize the grave risk of harm to another, the act would constitute wanting or reckless conduct if a reasonable person knowing what the defendant knew would have realized the act posed a risk of grave danger to another. It is not enough for the Comwalth to prove the defendant acted negligently. That is in a manner that a reasonably careful person would not have acted. The Commonwealth must prove that the defendant's actions went beyond negligence and amounted to want reckless conduct, as I have defined that term. In deciding whether the defendant knew or should have known her conduct created a high degree of likelihood that substantial harm would result to another, you may consider any credible evidence that the defendant was affected by her consumption of alcohol. A defendant may have the requisite knowledge even if she consumed alcohol, but you may consider such evidence in determining whether the comwalth has proved this element. Now, the offense of manslaughter while operating a motor vehicle under the influence of liquor also includes the less the lesser offense of motor vehicle homicide, felony OUI, and negligence. As a matter of law, the indictment that is before you that charges the defendant with manslaughter while operating a motor vehicle under the influence of liquor also charges her with the lesser included offense. With that lesser included offense, the Commonwealth may prove the lesser included charge of motor vehicle homicide, even if it fails to prove the greater charge of manslaughter while operating a motor vehicle under the influence of liquor. You may find the defendant guilty of motor vehicle homicide only if you are not convinced beyond a reasonable doubt that the defendant is guilty of manslaughter and you are convinced beyond a reasonable doubt that the defendant is guilty of motor vehicle homicide. On the verdict slip, that just means you start from the top and you work your way down. In order to prove the defendant guilty of motor vehicle homicide, the Commonwealth must prove the following five elements beyond a reasonable doubt. First, that the defendant operated a motor vehicle. Second, that she operated the motor vehicle upon a public way or in a place in which the public has the right of access. Third, that while the defendant was operating the motor vehicle, she was under the influence of intoxicating liquor and or the percent of alcohol in the defendant's blood was 0.08 or greater. Fourth, that while operating a motor vehicle, the defendant did so in a negligent manner so that the lives or safety of the public might be endangered. Fifth, that by such operation of the motor vehicle, the defendant caused the death of John O'Keefe. Elements 1, two, three, and five are the same as manslaughter while under the influence of alcohol. As previously instructed uh a few moments ago, the difference between manslaughter while operating under the influence and motor vehicle homicide is the fourth element. So, I'll focus on that. To prove the fourth element of motor vehicle homicide, the Commonwealth must prove beyond a reasonable doubt that the defendant drove negligently in a manner that might have endangered the lives or safety of other people. A person acts negligently when she fails to use due care. That is when they act in a way that a reasonable person would not act. This can happen either by doing something that a reasonable person would not do under the circumstances or by not doing something that a reasonable person would do. The defendant acted negligently if she drove in a way that a reasonable person would not have and by doing so created an unnecessary danger to other people, a danger that she could have avoided by driving more carefully. The defendant's intent does not matter. So do not consider it in determining whether or not the defendant was negligent. There is no requirement that the Comwalth show that the defendant intended to act negligently or unlawfully. Under our laws, public safety requires each driver to determine and to adhere to an objective standard of reasonable behavior. Therefore, what the defendant may or not have intended to result from her actions is irrelevant. The issue is whether or not she drove as a reasonable person would have under the circumstances. In determining whether the defendant drove negligently in a manner that might have endangered the lives or safety of other people, you should take into account evidence, if any, about the defendant's rate of speed and manner of operation, the defendant's physical condition and how well she could see and control her vehicle, the condition of the defendant's vehicle, the kind of a road it was, and who else was on the road, the time of day, the weather, and the road conditions. what any other vehicles or pedestrians were doing and any other factors, including the defendant's consumption of alcohol, that you think are relevant. The offense of manslaughter while operating under a motor vehicle under the influence of liquor also includes the lesser offense of motor vehicle homicide, felony OUI, liquor, and the lesser offense. I'm sorry, hold on. and the lesser included offense of operating under the influence. As a matter of law, the indictment that is before you, which charges the defendant with manslaughter while operating a motor vehicle under the influence of liquor, also charges her with these lesser included offenses. So, the Commonwealth may prove the lesser included charge of operating under the influence, even if it fails to prove the greater charges of manslaughter while operating a motor vehicle under the influence of liquor and motor vehicle homicide. You may find the defendant guilty of operating under the influence only if you are not convinced beyond a reasonable doubt that the defendant is guilty of manslaughter and you are not convinced beyond a reasonable doubt that the defendant is guilty of motor vehicle homicide, but are convinced that the defendant is guilty beyond a reasonable doubt of operating under the influence. To prove the defendant guilty of operating under the influence, the Commonwealth must prove elements 1, 2, and three that I instructed you on on motor vehicle homicide while OUI. So, the third indictment is leaving the scene of an accident resulting in death. In order to prove the defendant guilty of leaving the scene of an accident resulting in death, the Commonwealth must prove six things beyond a reasonable doubt. First, that the defendant operated a motor vehicle. Second, that she operated a motor vehicle on a public way uh or in a place which the public has a right of access. Third, that the defendant knowingly collided with John O'Keeffe. Fourth, that the collision caused injury to John O'Keeffe, resulting in his death. Fifth, that after causing such injury, the defendant failed to stop and provide name, home address, and registration number of the motor vehicle. and sixth that the defendant failed to do so for the purpose of avoiding prosecution or apprehension. Jurors, I've already instructed on the first and second elements. The other four elements should be given their plain meaning and the parties agree that I do not need to define these any further. Correct? Okay. Yes. Thank you. All right. As a general rule, you're permitted, but not required to infer that a person who intentionally uses a dangerous weapon on another person, intends to kill that person, or cause him grievous bodily harm, or intends to do an act which, in the circumstances known to him or her, a reasonable person would know creates a plain and strong likelihood that death would result. An item that is normally used for innocent purposes can become a dangerous weapon if it is used in a dangerous or potentially dangerous fashion. The law considers an item, in this case a motor vehicle, to be a dangerous to be used in a dangerous fashion if it is used in a way that it reasonably appears to be capable of causing serious injury or death to another person. In deciding whether an item was used as a dangerous weapon, you may consider the circumstances surrounding the alleged crime, the nature, size, and shape of the item, and the manner in which it was handled or controlled. That completes my second part of the instructions. I'm now going to turn to the third and final part, which is shorter. In order for a jury to return a verdict, that is to reach a decision in a criminal case, the law provides that there may only be 12 persons on the deliberating jury. and you will note that there are 18 of you. To avoid the need for a new trial if one or more jurors becomes ill or is to be excused for some good reason, we customarily impanel extra jurors at the beginning of a trial, as we did in this case. Because of the anticipated and now actual length of this trial, we impanled more jurors than are commonly impanled. However, when you begin your deliberations, the law in Massachusetts is that only 12 jurors can deliberate. Therefore, at the conclusion of my instructions, Mr. McDermott will reduce your number to 12 on a random basis. The jurors not selected to serve in the jury will become the alternate jurors. If you are selected as an alternate juror, please do not feel that your efforts in this case have been wasted because, as I've indicated, it's important that we have extra jurors in case of an emergency. If we did not impanel extra jurors and a juror became ill or for some other reason had to be excused, we would have to try the whole case all over again with the new jury. In the event that a juror has to be excused once the jury starts deliberating, then an alternate juror will be chosen to take that juror's position and the jury will be required to start deliberations from the beginning. Therefore, it's important that the alternates not discuss the case with anyone else, including each other. For if an alternate becomes a member of the jury for deliberations, the alternate's views should be his or her own and not be influenced by anyone else. Different states and jurisdictions use different means to select a fourperson of the jury. In some jurisdictions, the jurors select their own person. In Massachusetts, the judge is responsible for selecting the four person. A fourperson of a jury has been described as the first among equals. He or she is responsible for organizing the deliberations, communicating with the court if necessary during deliberations and prevent presenting the verdict following your deliberations. The four person has no greater say or vote in the jury's deliberations. However, and in that sense, the juror is an equal is equal with all other jurors. I am going to ask the juror seated in seat number one, your juror number five, sir, would you agree to be four person in this case? I'm going to ask you if you would be four person in this case. Thank you. I always appreciate it when people say yes before I tell you what's involved, but thank you very much. All right. So, the four person will be given the verdict slip setting forth the charges against the defendant. 12 jurors must agree So, all right. So, I skipped the line. When you return to the jury room to deliberate, the court officers will deliver to you all the exhibits in this case, as well as the verdict slips that you'll be using uh in returning your verdict. So, the four person will be given the verdict slip setting forth the charges against the defendant. 12 jurors must agree before you have a decision to any specific charge. That means that to find the defendant guilty, all 12 must agree. To find the defendant not guilty, all 12 must agree. You should consider each indictment individually and continue deliberating until you've reached a final verdict. You should not begin deliberating until all 12 jurors are together in the jury room and should cease deliberating if anyone juror is not present in the jury room. It is important that you not communicate with anyone outside the jury room about the deliberations or about anything concerning this case. Further, I remind you that no juror is better qualified to determine the truth of the facts in this case um to dispute or to deliberate on a verdict solely because of education, background, or experience. The parties and I have chosen each of you as fair and impartial jurors, and your voices have equal weight. To reach a unanimous juror, each I'm sorry, to reach an anonymous verdict, each juror must agree. Jurors have a duty to consult with one another and to deliberate with the view to reaching an agreement if it can be done without violence to individual judgment. At the same time, each juror must decide the case for himself or herself, but only after impartially considering the evidence with his or her fellow jurors. Don't hesitate to re-examine your views and change your opinion if convinced it is wrong. But no juror should surrender an honest conviction to the opinion of fellow jurors simply for the purpose of reaching a verdict. Although how you conduct your deliberations is up to you, I urge you not to begin by conducting an immediate straw vote. Rather, I encourage you not to take any votes before you've had completed a careful and thorough collective view of all the evidence. At this point, I want to remind you of an important issue that I raised with you at the beginning of this trial. I told you that our system of justice depends on judges like me and jurors like you being able and willing to make careful and fair decisions. All people deserve fair and equal treatment in our system of justice regardless of their race, national origin, religion, age, ability, gender, sexual orientation, education, income level, or any other personal characteristic. I also pointed out that we all have our own built-in expectations and assumptions even if we are not conscientiously aware of them. And I talked about some of the ways we can try to deal with them. First, slow down. Do not rush to a decision. Hasty decisions are the most likely to reflect stereotypes or hidden biases. Take time to consider all the evidence. Second, as you start to draw conclusions, consider what evidence, if any, supports the conclusions you are drawing and whether any evidence cast doubt on those conclusions. Double check whether you are actually using unsupported assumptions instead of the evidence. Third, as you think about the people involved in this case, consider them as individuals rather than as members of a particular group. Fourth, I might ask myself, would I view the evidence differently if the people were from different groups such as different racial, ethnic, or gender identity groups? Fifth, listen to your fellow jurors. They may have different points of view. If so, they may help you determine whether you are focusing on the facts or making assumptions. perhaps based on stereotypes. Of course, your fellow jurors could be influenced by their own unstated assumptions. So, don't be shy or hesitant to speak up. You should participate actively, particularly if you think the other jurors are overlooking or undervaluing evidence you find important. In fact, when you explain your thoughts out loud to other jurors, you are also helping yourself to focus on the evidence instead of assumptions. If you use these strategies, then you will do your part to reach a decision that is as fair as humanly possible, and that is your responsibility as jurors. Now, during the course of your deliberations, you might have a question concerning the law in this case. Perhaps I said something you did not understand. If you have any questions, please feel free to bring them to my attention by writing a note dated and signed by the forerson and sending it to me by way of the court officers. I'm not suggesting for a minute that you have to have questions, but if you do, that's the process. Because your role as the jury is to determine the facts in this case, I cannot answer any questions you have concerning the facts of the case. I have no role in this case when it comes to deciding what the facts are. Neither is it possible for me to provide you with a transcript of the testimony. If you send a question to me, I'll respond after consulting with the lawyers. Please do not ask a court officer or anyone else to answer any questions concerning anything material to the case. Generally, we will not take uh answer a question or take a verdict from 1:00 till 2:00, but I think you've all waited so long to get this case. I think we can change that. Um, but the the court staff needs a lunch and break. You'll have lunch brought into you and you can decide whether or not you want to stop your deliberations during lunch or continue and deliberate. At the end of the day, if you're still deliberating, I'll send in a note asking if you want to continue deliberating or break for the day and return the next morning. Don't tell anyone, including me, how the jury stands numerically or otherwise on the questions before you until such time as you've reached a unanimous verdict. You are going to notice shortly that the court officers are going to take an oath and you will hear from that that they too as well as all other persons are forbidden to communicate in any way or manner with any member of this jury on any subject touching on the merits of this case. Remember that the decision of the jury must be unanimous and the four person should be certain that each member of the jury is in complete agreement with the verdict on each indictment. After the final vote of the jury, the four person should check the appropriate boxes as to each charge. Then sign and date the verdict forms and notify the court officer when you've reached a unanimous verdict. You will then be brought back into the courtroom where the four person will deliver the verdicts. This will be the last time I'm going to see counsel at Sidebar, but I required to see counsel at Sidebar. Oh my goodness. For the last time. Sidebar. Side by side by number four. And we're giving away 10 for one, huh? Oh, you're just trying to get them out of the yard so the EPA doesn't come back. The FDA? FDA and EPA. The EPA came by it while you were indisposed earlier. Oh, they did? Yes. The Environmental Protection Agency. When it's so bad that even under When it it's so bad that even under the Trump administration, the EPA cares, then then it's really bad. Then it's really Yeah. You got some explaining to do. Well, I do live I do live in a rather red state, so yeah, I can see how they might be. Yeah. You got some explaining to do. Yep. So, that was the final sidebar. Karen Reed seems happy. What the hell is that? May I? Yes. We're probably going to draw the It's going to highly draw the jurors. Could the juror sitting in seat number 13 step down and take your place as an alternate? Could the juror sitting in seat number seven step down and take your place as an alternate? Juror six, could you step down and take your place as an alternate? Juror 17, could you step down and take your place as an alter? Juror two, could you step down and take your place as an alter? And juror 8, could you step down and take your place as an alternate? All right. The court officers. Yes, please do. Could I have the court officers raise your right hands? Do you swear that you will keep this jury in alternates in some separate but convenient place until they agreed that you not suffer any person to speak to them or speak to them yourselves nor ask them if they're agreed nor suffer them to disperse until they are discharged of their verdict except by further order of the court. So help you God. Thank you. All right. So members of the jury I need not remind you that you have an important responsibility but I believe that you will bring to bear all the wisdom and the judgment and conscience that you possess in reaching your verdict in this case. All that we can expect from you is that you decide the case with integrity and with principle. We all expect you to reach an impartial verdict dictated by your logic, without bias, without prejudice or sympathy, and not prompted by any facts except those that you've heard here in court during the trial. We are looking for impartial judgment dictated by your reasoning and the fullest discharge of your oldest jurors. You may retire and deliberate your verdict. Make sure you take it over. Okay, the jury is going out now. We'll see what they do afterwards here as to what we're going to do next. Uh touche actually uh it was seat one juror number five. That's what she said. Okay, the jury is now going to see the council one more time. Sidebar sidebar. Remember 10 10 for one special. 10 for one special. And remember, these are commemorative sidebars. We do not suggest you try eating this batch. Nope. We hope they're commemorative. We hope we are not back here for a third time. Yes. As Hank is already has already said he's quitting after if we have to do this again. Yes, turtle boy. You'll have to use an AI task if we have to do this a third time. Uh, turtle boy is in back row. Oh, there he is. I see him. He's looking down right now. He must be in the back row. That's right. Uh, yeah. So, it's been a long day, folks. We may just I may just uh continue. Uh panel can go if they want to. Uh I don't know. Does it make sense? It's already 3:00. They're going to be over. They're going to come back by 4:30. Does it make sense just do drunk girl for the next hour or do we need a break? I'm fine with that. I pity the fool. I haven't been here most of the day. So, I thought she said they could go to 5:30. Uh, she may have, but did yesterday? Uh, we would be back at 4:30. Uh, Enzy, no, I cannot be more realistic because I am AI. I'm a figment of Jim's imagination. He is a very very sick man. That's right. I mean, what what Yep. What uh touche. Uh I don't know if I I last we heard Coke Dog was orbiting Uranus is what Hank says. The pieces were it was headed for Uranus and project cause noxious gases to expel from Uranus for the end of time. Yes. Uh that that is Hank's Hank's projection. So I don't think it would help if if Phil went in search of Uranus. I thought Griffy paid you for another allnighter. He has not paid me for another allnighter. No, no, [Music] only 111 days to go for three years. Speaking of which, yes, if we do not receive Merb's counter offer that he was speaking about earlier, Merb had a counter offer. What? Uh, he wanted to know how many days it would take to negate the current days. Uh 984. Oh, I guess I guess uh I guess Marb wants to see you do the show all by yourself. This morning in what I'm making clear that we were pretty close. We had one exhibit uh that needed to be dealt with. U Miss Little, what number is that one again? 15. Yes, this is exhibit 155. Uh 155. And I'll let Miss Little take it from there. Yes, it's just one page, your honor, I believe. And my number is not I believe that we were going to have those same reduction last. [Music] Okay. Is the Commonwealth in agreement with that one line? No objection. I believe those were redacted last time. So make that reduction. Great. Sharpie. I think we probably have one here. You can I definitely have one somewhere. All right. Uh that's number one. And number two is can council look at the ex uh the verdict and just tell me uh if verdict slips and just tell me if they're okay with you'll see that it's not what you provided me yesterday. Mr. I've never seen Friday the 13th, nor do I want to watch it. Well, Hank was uh planning on a uh trip to Camp Crystal Lake, weren't you, Hank? Yep. Got my hockey mask and very large kitchen knife and going to go say hi to the camp counselors having a party. You think Jackson will leave town while they're deliberating? Council, you can keep doing Mr. Rose. They are required to be within you will keep that jury in place any person to speak to them to speak to them yourselves nor ask them if they agreed nor suffer them to disperse them. They charge they bear except by further order of the court. So help you God simply because you were in the room. Thank you. They were just swearing in uh baiff or something. Someone who was out of the room when the rest of them were taking their oath. Honor your oath, public servant. This the big dramatic moment as they are looking over the verdict forms and finding objectionable materials. The group of the collected group in front of you is quite upset. Your honor, I I understand that you rejected our proposed verdict slip. So, everybody else can sit down. Miss Tian Eddetti can stand. Thank you. Um I understand that you rejected our proposed verdict slip. Um our concern with this verdict slip is that there are four options for actually more than that. Seven options for guilty verdicts. one option for not guilty and they don't like that. We're concerned that this is too confusing for the jury. Uh so we are asking that there be not guilty options for each of the charges including the offense charged and each one of the lesser included offenses. Okay. We really ran into the same issue last time. I think what complicates it is the fact that there are two theories for two of the less included. Do you suggest that doesn't accurately reflect the law? It it it does reflect the law. I'm not saying that. I'm saying that it makes things very confusing. It makes it look like they want her guilty. It cries out for some not guilty option given the amount of options for convictions on this verdict. We would again ask the court to adopt our proposed verdict. So your proposed verdict did not site any case law. Do you have any case law that supports that proposition, Miss Diani? I have not found any. I've looked. There there's not a lot of case law out there even this either other than that has never been proven has never been found to be inaccurate. Not yet. Okay. And I mean not yet. That's fine. So your rights are reserved. Does that help you? Well, all we can do is object, judge, and you make you make the decision. Okay. Judge, the last couple if you find authority for that, let me know. We'll do. Okay. Last couple things that provide you with a clean um uh laptop. Thanks. Uh with a clean laptop. Uh defense council had a chance to at least defense had a chance to look at it and I think that's fine. But all right, so we'll send that in with the exhibits. I need to go edit my charge to fix all the typos. And then the final thing is is I provided council with the exhibit list that we had and it was satisfactory for us. Great. All right. Thank you. All right. Please. Nice try again, Eddie. Okay. So, uh panel, did we decide do we want to hang out because it we've got about two hours here. Okay. Okay. So, Gia is leaving. Uh, we want to hang out or do we want to come back? I don't care. I don't care. Why don't we take a five minute break? Let everyone use the bathroom. Well, I had closed all of the music tabs. Oh, good lord. Opal sing for pal sing. No, cuz we'll get No. No. No. No. Not while we're monetized. No. No. No. No. Not even. Remember they even they got uh pants for doing a doing a a uh for stealing the medley of a song even though he wasn't singing it. There's no way that that happened. But their ending was Yeah, there's no way that happened. Recall to some of the things did the most ridiculous thing. There's no way that happened was presented this whole way that happened and they were able to kind of said there's no scientific way. This person that they got to testify about the dog bite never has. They don't know anything about Okay. Then uh [Laughter] oh, I'm losing my mind here. Okay, let's stop that screen. Here's what I think. Yeah, I think uh she may get found guilty of some of the lesser included. I don't think I think seconddegree murder is a stretch. Okay. Well, let's go to break before we listen to everybody else because I do have to use the bathroom this time. So, we will be back in about five minutes. [Music] [Applause] [Music] When I was a little back when I was standing up and I almost lost it all when I was just a [Music] [Applause] [Music] Nothing else. [Applause] [Music] [Applause] Heat. Heat. [Music] [Applause] Stay away. [Applause] I thought you stand there. Look around you across the street. I know we want to stay away. Heat. Heat. [Music] [Applause] [Music] [Applause] [Music] Heat. [Applause] [Music] [Applause] [Music] Heat. I won't just say all by myself. I'm not just going to say I just decide what is to be my [Music] [Applause] [Music] Heat. Heat. [Applause] Heat. Heat. [Music] I see you're trying hard to pretend, [Music] but this house is nowhere you could ever live. [Music] Your fingers don't feel anymore. [Music] moving but you can't get closer. She won't stop banging on the back door. She got it. Oh, she got it now. It's a meltdown. Screaming till her sword. She got it. Oh, she got it now. [Music] You can't see there's cuz this tape is never coming to the end. Ooh, when your fingers don't feel anymore. Ooh. When you're moving, but you can't get closer. She won't stop banging on the back door. She got it. Oh, she got it now. It's a melt down. She got it. She got it now. Take it while you make it till you see. [Music] Go another way. [Music] She won't stop banging on the back door. She got it. She got it now. Too hard to see what you're in for. You're too scared of yourself. She won't stop banging on the back door. She got it. Oh, she got it now. It's a meltdown. Screaming till her lungs are sore. She got it. Oh, she got it now. And we are back everybody. I had to take I had to take a grocery delivery. That's why I had to leave. Oh, that's fine. Okay. We I I made a couple executive decisions. Uhoh. it. We will go till uh whenever they break for uh this. So, we're going to do couple hours of drunk girl, but tonight's show at 8:00 will be moved till tomorrow night. Everybody needs a break cuz we will have gone all day. So, we're moving tonight's show till tomorrow night. And I've repurposed the uh jury watch. Will you just use that on Monday? Everybody okay with these decisions? Mhm. Okay. So, no show tonight. Do we have a deliberation clock? Uh, we do not. Court TV has one. I don't have one. It's been 17 minutes and 42 seconds. Let me see. Um, I'm checking the script now. Uh, yes, I'm okay with that. Yes, you're okay with that. And it doesn't impact Hank because Hank doesn't usually go to the Friday night shows. So, I mean, he's welcome, but he he doesn't normally go to those shows. Not available. Okay. So, uh we will in fact I say if if you have something to do, go uh or you need something to do go over to NCR where NCR is going to promote it for his Friday the 13th movie night instead. But for the rest of us, yeah, if we go two hours here, we're going to need a break. And I'm going to need a uh I don't know. That depends on if Merb was serious about his counter offer. Yeah, he also he also threatened to hump Zoe. Yes, he did. Yes, he did. Who in your no bird? It was inside chat. It was silly. Anyh who, let's go to some drunk girl. Now I got to pull that back up. Uh, we had started this one, but we had not finished this one. And it's good because I have a couple of drug girls that we need to that are longer that I was sharing for the next marathon. Next marathon. Saving. Sorry. No. What? No. Next. No. Next. Oh. I can get bribed again. I can get bribed very easily. Uh and yeah, I got lots of ideas. Lots of ideas. Look at her legs. Like a flapping fish. She hitting the cop every time. Can we uh I don't think she's hitting the cop. Do y'all have a way to contain her in that room? Um, they have sitters with her. No, they don't. Ma'am, can you believe me? That's my understanding. We're have to get her on a stretcher entire EMS. 1409. We're detained, but we need EMS to us. emergent because she's very wiggly. Wiggly. Stop. You doing watching, Mr. Wiggly? We do believe you. What is your name? Why do I keep pushing my head down? No. Stop kissing. [ __ ] you. I'm about to just take her for a bed or eating. Please done with it. Yeah. You're going to kill my kids. She snatch the glasses off my face. No, because I want you to see me. Please. I see you. I don't want you spitting on me. Why would I do that? Would never disappear. Hey, we might just take her battery. No. Get off of me. Yeah. Well, definitely have charge. The woman's agitated behavior was only causing her more harm. Oh my god. We don't want to. Why are you guys using all the marks of my body? Welcome, NCR. How the hell are you? Hi. Hi. We aren't on at 8:00 tonight, so you can do whatever the hell you want with Friday the 13th. What? It's a fine film franchise. I don't got to watch that. It's a It's a fine movie franchise. Oh god. It's got everything. Which may or may not have been inspired by events in Hank's life. Now, it's it's Hank's autobiography. Come on. Besides, there there are there are some aspects of it that are very good. I mean, who doesn't like boobs? There you go. There are boobs. I've never seen So, where where will you be airing this uh NCR? This will be on my Discord server at 700 p.m. Eastern Standard Time. Okay. And uh it I haven't decided which one of the of the franchise I'll play, but more than likely it will probably be either part one or maybe part seven. Seven. They're they're pretty uh part seven is the least bloody of them all. Okay. Okay. Yeah. Yeah, I can Friday. Parson Par person Friday is now Parson Saturday for this week only. Uh we just need a break. We're going to we we are going to go with this show. This show is technically the two hours of parson right now as we will be marrying you off. In fact, Pope Phil. Yes. Are you available to marry off Parson to this fine young woman? I am. I am. Dearly beloved, we are gathered here today. On this not superstitious Friday the 13th in any manner to marry off not this possessed woman, two persons in any manner. person. Do you take this? I promise not possessed in any manner or woman to be your lawfully wedded YouTube wife. Yes, I do. I do indeed. And not possessed in any man or woman, do you take our not psychic or ghostly person to be your lawfully wedded YouTube husband? You do. Yes, I do. I do. I do. what you do. By the power vested in me, by the soon to be departed Camp Crystal Lake counselors, I now pronounce you you two husband and wife. You may scare the crap out of each other on Friday the 13th. See person, it's person Friday. We're just doing it early so I can go to bed. So, and to answer Gothic Sparrow's question, yes, there is a lot more. We really don't want to hurt you. A stoner couple of camp counselors are about to be no more. The devil is alive. Listen, what is your name? What is your name? The devil. Tell us your name. She just said it for you. No, we don't know your name. Actually, the devil was very truthful. Why are you taping me up? No one's taping you. Callie, stop kicking. So, she's already got a hospital bracelet on. You should just get out of some psych. We're not trying to make you not breathe. Breathe. I'm catching on myself. [Music] Start acting like one. Hit him with the machete, bro. Stop kicking. Please stop kicking. The police use duct tape. No, we don't. We're not using duct tape. We're not using duct tape. We're just begging. Are you stupid, dumb, or [ __ ] Duct tape on my feet. I'm stupid, dumb, and [ __ ] Actually, there's duct tape on my face. You good? You can't do it to people, you stupid. All right. Is your door unlocked? They are going straight to hell cuz you're going to let my baby G, dog. You're going to let my baby go. She's going to die if she's fine. Can you sit? No, cuz there's tape on my mother [ __ ] dog. Can you sit, dude? Can you please just sit normal? Yeah, it's a lot more. It's a lot more me. Please don't leave me. Is it worth 1039? We're 51.4. We're going to be actually 10:15 on for battery. I can breathe. Yes, you can, hun. All right. No, I believe it. Honey, you can breathe. Okay, listen. We're going to get you some help. I don't need help. My kids need help. We're going to get that, too. Okay. No, you're not. Cuz you're sitting here talking to me. We're We're trying to work on it, but you're not. My 5month-old died. Um, we originally called we were going to get Rebecca. My babies are in harm. I just came from the hospital. Why was that? Told you on the ground for you to let Lyman Wilson kill my babies and sexually assault them. You let me piss on myself. I'm a woman. You can take a shower at the jail. How about that? And then we have you fought the police and you lost. like me. Thank you. Parson, we're doing Parson Friday right now in your honor. And we're having Parson Saturday in your honor. So, you are getting three hours for that $5. Three hours. That is a deal you cannot beat. Jim is insane on these deals. Yes. And and just because it's your birthday sometime this year, you can you can um give one of your brides over to marry Jim instead. No, you can't. I am off limits. Uh you can give 10 of your brides to Hank, but we all know what happens to them. Why is Jim off limits? Why? Because you are scared. Yeah. I'm scared of Rose killing me. Yes, I am. Uhhuh. You haven't lived until you lived in fear. I live in fear all the time. Yeah, but it's not the same. But you really need to be scared of Mrs. Pope at this point after today. I did not say anything about Mrs. Pope. You were the one who said she was You were the one who said she was too lazy to get off the couch. She stopped by and she picked out a few uh items from my uh special room. You mean where you locked the other wife we gave you the other night? That's We haven't heard from that girl yet. Why would I put put somebody in there? I don't know. Hank, you scare us all. You could be in my dungeon. Woman was saying seemed fabricated. She was doing that. Call on body cam lady. down when I got out of the car. Babies is real. Little barrel. Come on. All righty. You want me to do the charges or are you going to complain though? You got it. I don't care. I'll do it. You can get it. I got to go follow. Yeah, I'll do it. Your kids are fine. No, they're not. You don't even know my Where are they? Why did you just say that? Great. Because if you knew, you would know where they're at. 13 12. If you knew, you know where they're at. Record that. It is recorded. Thank you, God. Cuz when the babies die on your phone, since you're the one, could you in What's that NCR? It's I don't think NCR knows. It's for searching. Do you know where your mask maniacs are today? I'm right here. Oh, there you are. It's right there, man. Since you're the one not with your kids. Why aren't you with your kids? My soul. Now you're contributing to murder. There's been sightings in Ohio of a of a man wearing a hockey mask and a flamingo banana hammock musical and a rubber. I don't care what you say about me. I'm sorry I can't hear you cuz the music's out. But how did you end up at Gulf Coast? What happened with that? I was beaten by Lion Wilson, children's father. What almost husband? I can't marry him. He's quite literally the devil. And guess what? I don't know what you believe in because this ain't right. You're on probation. Yes, I am. Yes, Miss Woodard. Miss Wood, they beat me. Just on the confidential put that she's making suicidal statements. Oh, I'm not suicidal. That's a lie. I am not suicidal. They're lying. My babies are not scenario nor my babies are not. They're in danger. Holy crap. And these people they hurt me. The bullies hurt me. What is with the No, I'm just I'm just curious. Why do you care about me? You don't. I do care. I'm trying to figure [ __ ] out. You don't care about me at all. You're just a curious little rabbit. Tricks are for kids. So stop playing with me. Um, wait. You're not doing anything cuz you're never doing anything on that computer cuz you don't know how. Cuz you're not the police. But what are you snitch? She wasn't going to stop her abusive behavior anytime soon. You cheat. Do you gain something? Do they give you money from blood? Blood money? That's what you want? Dirty dog. Slow down. Go ahead. is requesting that you keep her in the car and they're going to round all their people up and come out and buy Please round him up. He's about to beat I need some help. You got to send out some help. Piss on my body. I was in the hospital behind here. So I know what time needs to get by. March 25th, 2022. Time is 11:23. My name is Sergeant Thomas Hamilton's probably a bad female by her name. She's a she's been trying to operate on law enforcement. So I see that wife trying to deescalate the situation. We're all going to try to talk to her, deescalate, try to get her out peacefully and let her be seen by ahead. [Music] The woman was charged with battery upon a peace officer resisting arrest with violence. YouTube thinks you'll love the video on screen. Click to watch now. Did you one? What's that? Did you click on the nice tata video? Nice tata video. Oh, by the way, Jim, I need to I need to commend you on your Karen Reed thumbnail. Oh, the one for today. It was grotesque. And thank you. Lovely all at the same time. Thank you. Hi guys. How you doing? Yes, we've been doing those at god knows in the morning lately. So, yes, the more distorted her face looks, the better. Well, it actually isn't that distorted. She Well, her mouth doesn't make those looks. I know. That's the scary thing. Uh, that model is so close to her actual face. It's just her jaw is hinged. Well, that's cuz her jaw is hinged. Yeah. You have to understand. I took a week on that character face just to get it right. And uh Rose helped. So we are making it as close to the Karen Reed pictures we had. Thank you, Rose. And it it does what Karen Reed's face is capable of doing. So yes, with just a few looks, she can turn into that. Uh we're going to go to a longer one to get us through this 2hour uh session. This is a person Friday early in the afternoon. Now, let's make sure I did not. Yes, the jury has been deliberating for 36 minutes and 15 seconds at this point. And just for NCR, uh, this woman is from Columbus, Ohio. Wow. No thank you. No thank you. I'm happy. Come on. I don't want to be married. I want to be alone. I'm going to be miserable. I'm sorry. Please help me. Sean, what can I do for you? I'm alone. I want to meet I'm very emotional person. This woman is being very like it was not. It was my fault. Okay. All right. Tell me what Tell me what happened. You were driving the Jeep. Yeah. And I had fault. I'm not going to I had fault. You had You had what? I had fault. You had It was not just my fault. It's Oh, you I got you. I got it. It's not just my fault. It was her fault, too. What? Um, how you doing, ma'am? What can I do for you? Tell me what happened. Oh, it's actually this car was rear ended, but like this car. Gotcha. Back there. Everybody Okay. I'll be right back with you. I don't know. My sister has scoliosis and a back neck. There was no Stop. Stop. Stop. Stop. Just have a fall. Hey, have a seat and I'll be right back with you. Okay. It's my job now. Okay, I'll take care of it. You We took some pictures of the front of the car and um so far I have not been able to get her registration or I'll get that for you. Okay. I've got her driver's license if I got a good enough picture. And I haven't gotten the um insurance. Gotcha. So, I will give you all of that. Um I will get you all of that. Do you think it's drivable? I don't think well we moved from here. See all the fluid? Yes ma'am. I do. Good. I'm actually very happy. The 911 lady asked us to move if you could. No, that's fantastic. She had so much stuff pouring out of the front of her car and both airbags deployed. Really? Yeah. I mean, so I think her car is way messed up and mine, as you can see, my mom was ripped off, right? Yes, ma'am. Yes, ma'am. So, she parts of it I put in her car cuz it was slammed into them pretty hard. So, let me let me get that information going. She's getting photos of the debris. If you don't mind if I uh actually No, I don't. I'm going to give you a form right now. Let me uh let me talk to this young lady. I don't know what we have yet. Okay. So, walk me through it. Take a deep breath. Relax. Just tell me what happened. All right. And then we'll and then we'll go from there. Okay. What What can I tell where we were coming from? I'm sorry. It's making me a little bit just It's making you actually I was making my fresh cocktail. Okay. Well, I tell you what. And she came out in front of me. Talk to me and then we'll kind of go from there. Okay. Does that make sense? No, it's okay. I just come to me. Okay. So, let me let me ask you what she was describing. I'm not to be whatever. It's making me a little anxious that the cops you're Well, it's a it's an auto accident, so don't don't be too anxious. The cops respond to a lot of these. Okay. What? Um, so just tell me, were you going westbound on Fifth Avenue? Is that is that accurate? Okay. And then I take it. They were on that street. I was going to take a left. You want to take a left here on Broadway? Yeah. I'm going to be honest. Like I'm the I am drunk. I'll be honest. I'm not the most serene person in her world, but like that woman is not the nicest human in the world. She is very nice. Okay. So, you were about to take in the middle. Like I like she was very rude. very very rude. I slammed into him. She came up to me like yelling at me like very rude. Like I am not the like I did not like I was not perfect by any means. Any means I got you. I got you. Where were you coming from ma'am? This this straight shot and digging the left on here. The only thing I need. Will you go get Hold on one second. No, you're all right. Um just hang out for a second. We're just doing the whole accent thing and then as soon as we get done with that, we guys will get her out of here. Sound good? Yeah. We'll be right back with you and we'll We're just getting all the information. Will you get her in there? Her her info to them. Yes. Um and then I'm going to cut them. Yeah. Yeah. Okay. Yeah. Do you have your driver's license just for How old is Mel Brookstone? 90. You got it. That would be awesome. Yeah, he's 90. Yeah, that's what I thought. Is that what you wanted? Yes. Okay. Are you okay? Cuz I can smell the airbags. I know that means that clearly went off as we can see too. You okay? Okay. [Music] Are you Is this your Jeep or is this okay? Mommy, mommy. Yeah, I have to find this. You're okay. Is this a Wrangler? point car. Do you Can you find your insurance card for me? No. And your driver's license. You could. Yeah. Not me. I feel like my insurance card was and someone else. That's okay. It doesn't matter. Then don't even run it. You're fine. Do you remember where your company might potentially be? You still live in Mckenley? Yeah. Okay. Trina. Okay. How fast do you think you were going when you got in your accident? Like less than 20. Okay. Were you wearing your seatelt? Yeah. Cool. Okay. H Let me uh let me kind of explain a couple things to you real quick. So, I would love that. Based on what we're seeing on the evidence of that car, your dam the damage on the Jeep based on she's stating that she was stopped at the stoplight on Fifth Avenue and you essentially ran into the rear of her. Is that accurate? In my opinion, no. But I'm always going to say no. So like I'd rather take your opinion, too, but like no. Okay. Well, that's that's kind of what the damage is is is showing what their statement is saying and things along those lines. So, couple uncomfortable questions. Where where were you coming from this evening? This ankle right here. No, I I mean, where were you prior to you? Where were you coming from? Just this road right here. Right. I I understand. What were you at? This road right here like at my friend's place. You were at your friend's okay. Where were you heading to? What bar did you come from? Go to pick up my friends at What were you drinking? Last year and then to the left. Okay. Okay. Yes, ma'am. What um how much have you had your drinks? Um was it nine vodkas in an hour? Okay. The reason the reason I ask is you're slurring your speech at times. I know you were just involved in an accident. I smell an odor of alcohol coming from the passenger compartments of your vehicle. Now I'm now I'm picking it up coming from your breath in person. Okay. Do you um Why don't you pop back here with me? Let me make sure you're okay to drive and then we'll have you out of here. Okay. Does that sound like a plan? I'll tell you what. I'll make you a deal. No matter what happens tonight, I will release I I will release you to your friends this evening, no matter what. Okay. Does that sound like a plan? Okay. Are you And this is Are you the owner of this vehicle? Yes. Do you Okay, let's walk over here to car. I do not have that capability. Give me Can you hold it for like 15 minutes with you? Yeah, but can somebody um Can you hold it? I'm not trying to make make you feel like like a child in the bathroom. I know you do. Do they have one? No, it's okay. I can go to the bathroom on the floor. No, no, no, no. I Do you want me to go ask them? That would be fantastic. and then we'll kind of talk to her and I absolutely Yeah, please. Let's take a walk over here. Can I Can I steal your phone from you if I may? Can I hold on to your phone? I'm just going to put it on my hood. Do you um Let me ask you this, ma'am. Do you have anything wrong with your eyes? Do you have anything wrong with your eyes? Do you wear glasses? Contacts? No. No glasses, no contacts? Yeah. You are in the bathroom. I know. Your friends are going to check us if they have other bathroom as soon as we find out. You will uh shoot me to the bathroom. Okay. Deal. Thanks, buddy. Okay, if you would go ahead and step up here for me. I just want to take a look at your eyes and make sure you're okay to drive. Okay. Do you have anything wrong with your eyes? Glasses or contacts? How about any recent head injuries? No. Okay. So, what I want you to do is I want you to keep your feet together and I want you to place your hands on your chin for me. If you would do me a favor, take one, take two steps that way. Yep. Perfect. Okay. So, what I'm going to do is I'm going to move my finger across your face left and right. Okay. I want you to follow it with your eyes and your eyes only. Yep. Just feet together. Just like that. Toes to toes, heels to heels, hands on your chin. I'm going to move my finger across your face, left and right. I want you to follow with your eyes and your eyes only. Okay? Does that make sense? Can you see the tip of my finger? Nope. Don't worry about the light. Can you see the tip of my finger? That's what I want you to follow with your eyes. Okay? I want you to keep your head still for me. Okay? You ready? all the way out there. I'm going to hold it for a couple seconds. Okay. Okay. Last thing I want to do is I want you to follow my finger as I move it vertically. Okay. All the way up. Do me a favor. Place your hands back on your chin for me. One more time. Yep. Just like that. All the way up. There we go. And then one more time. Okay. Fantastic. Okay. So, next thing I want you to do is I want you to just turn around and I'm going to have you I'm going to have you walk in a general straight line going this way. Okay. Now, with that said, do you have anything wrong with your feet or your ankles? No. Do you have any inner ear problems? No. Okay. So, I'm going to give you a couple instructions first. Okay. What I want you to do is I want you to leave your left foot where it is. I want you to bring your right foot in front of it, touching heel to toe, just like I am. I want you to bring your arms down at your side. I want you to stay just like this until I tell you to begin. Do you understand? I do. Okay. So, just like this. Right. Yes, ma'am. Just like this. Left foot where it is. Right foot in front. Arms down at your side. Stay just like this until I tell you to begin. Okay. Mhm. When I tell you to, I want you to take nine heel to toe steps, looking down at your feet, counting out loud each step you take with your arms down at your side. Okay? This is like kind of a hard task. Do I have like a like a give and take? Well, no, ma'am. I want you to stand just like I am. Okay. So, when I tell you to, I want you to take nine heel totoe steps, looking down at your feet, counting out loud each step you take with your arms down at your side. Okay? The first step you take with your left foot is going to be one. I'm going to demonstrate three. You're going to do nine. Okay, it's going to look just like this. One, two, three. When you get to your nice step, you're going to leave your front foot where it is. You're going to take a step, take down that start item, please. The exact same thing. Nine to step item. Looking down at your feet, counting out loud each step you take with your arms down at your side. There you go. Thank you. I couldn't see your feet very well. Really good DUI. Okay. Well, I I'm I want here's ma'am. Here's why I'm asking you to do this. Because I want to give you an opportunity to prove to me that you're not impaired. Okay. If you can if you can do these tests properly, then we'll either way we'll get you home. But it's not report. Ma'am, I didn't hear you. What' you say? Good with the bathroom report. Can Can you Can you complete this and then go to the bathroom? If you can complete this and one other that takes 30 seconds, I'll let you go to the restroom. Okay. So, let me You want me to explain? I understand. You do understand? Okay. Before you start, I have to mark my like I have to mark my Okay. But before you start, I want you to get in the starting position. Left foot where it is, right foot touching heel to toe in front. Nope. Switch your feet. Yep. Arms down at your side. That's the proper starting position. Go ahead and begin if you understand. He's walking like a duck. That's more than nine. Dar, watch the car. Bam. Okay, go go go and turn around like I showed you. 11 12 13 14 15 16 17 18 19 20 Okay. How many steps did you take? Oh, no. I'm terrified. Okay. Don't listen, ma'am. I promise you I'll do it again. No, no, no. I'll I'll make you sure you get home safely tonight, no matter what happens. Okay. Okay. So, here here's what I want you to do. I want you to stand right here, right where my light is. I want you to face my car. So, one more test. 30 seconds. I'll let you use the restroom. Okay. This way. I want you to face this way. So, for this test, I want you to keep your feet together and your arms down at your side. I want you to stay just like this until I tell you to begin. Do you understand? When I tell you to, I want you to raise one foot off the ground. Either foot of your choosing. Okay? Either foot of your choosing, I want you to raise it off the ground approximately 6 in and I want you to point your toe. While you're doing this, I want you to look at your elevated foot and count out loud by 1000s until I tell you to stop. Okay? You're going to do this with your arms down at your side. I'm going to demonstrate. It's going to look like this. 1001 1002 1003 1004 and so on and so forth until I tell you to stop. Okay? Do you see how my foot is parallel to the ground? Look at my foot, ma'am. Do you see how it's parallel to the ground? That's how I want your foot to look. Okay? I do not want you to bend your knees. I want you to keep your legs straight for me. Do you understand what I want you to do? If you understand what I want you to do, begin. Count out loud. One, two, three, four. Go and pick your foot up. Continue where you left off. One, two, three, four. Fail. Fail. Okay. Fail. This is known as Okay, that's all right. That's all right. Go ahead and step over here. When there's six cops walking, okay, you're all right. Go ahead and step over here. Step over here. No more test. No more cops. Last thing I want you to do for me, are you familiar with your alphabet? I am. I want you to recite your alphabet for me. Starting at the letter E is in Edward, ending at the letter T is in Tom. I want you to recite it. I don't want you to sing it. No more tests with your arms. You can stand relaxed. E F G H I J K L M N A L O N Q R S T U T A B C D E F G R S T U V W X Y and Z. Okay. Okay. Yes, ma'am. So, I want you to step over here. Any luck with the bathroom? Hold on. Hold on one second. No good. Trying to figure out why to take you to the bathroom. I'll let you go to the bathroom cuz CVS is a nogo. I know you take, but we don't want you to do that. Um, I miss Big Lots. You're on here, unfortunately. That's okay. We still at Big Lots. Let's get the Why are we able to They all go bye-bye. Big lots. Oh, we got uh big lots here uh right down the hill. In fact, it's uh I love um for candles and stuff. It's the second largest uh store uh clo or second closest store to us. So, It's either the gas station or big lots. They're a great place if you're if quality is not your uh not your goal. Yeah, it's not high quality stuff, but I love their prices on candles and place mats and dish claws and stuff like that. But every lots of stores love California. Lots of them. TJ Maxx and Marshalls was the competitor. Now there's Amazon's even bigger. Yep. Yeah. I had gotten a deck chair or chair for my deck at uh Big Lots and it barely made it through one year before I had to replace it. Yeah. to while I begin paperwork, take her down. Do you want to read get your reading done first? No. No. No. Um, damn. My like giving me like So, listen. I am going to place you under arrest for operating a vehicle under the influence this evening. Okay. Now, I I want to I want to I want to tell you something. It's going to be nothing more than you getting a ticket tonight and we will release you to your friends. Yep. Okay. Before we do that, I I'm not even going to place you in handcuffs right now because you have to use the restroom and things along those lines. But also, like, oh my god, I would never do that to you. I want you to understand something that courtesy I'm extending you. Okay? So, I I I don't want you to use the bathroom in the back of the cruiser by yourself. So, I'm trying to do everything I can to help. She's 24 years old, but she seems like she's much younger than that. Yes. Immaturity. She's acting much younger. Yeah. Yeah. That 18year-old that got the got the ticket for blowing. 02 something, right? Was a hell of a lot more mature than this one. Uh, well, this one's close. That's all I can say. This one's close since we already flashed it on the screen accidentally. Oh, I didn't see it. Yeah. Uh, this one is close to that. Wow. Yeah, she is hammered. Especially for someone that tiny. Yeah, she's hammered. She's Yeah. Although the one I'm referring to, if she would have been 21, she would have been legal to drive, right? The only reason she got arrested was she's a minor. So, right. But this one is Yeah. severely inebriated. So, she is not She's acting worse than that one. And I remember that one. That one was barely drunk. if I'm remembering it correctly. Sorry. What I'm going to do is I'm So, am I getting a DUI? Yes. I still think once you're 18, we call they call it Yeah, they call it an OP. If you have all the other responsibility of being an adult, you should be able to drink and smoke and do whatever another adult can do. Well, Oh, and by the way, Zoe's lady hump is absolutely beautiful. Well, there you go. They did a very nice job thing right here. She's going to search you. First thing I'm going to do is I don't think Listen, I don't think we go to the bathroom. I'm going to take you to the bathroom. Okay. Um, so I I don't think you have anything on you, but I just got to make sure. Okay. So, you go to the bathroom? Yes, you can just hold it for five more minutes about I thought we were on good terms. We are on good terms. Apparently just think waterfalls. So listening I'm not laughing. I'm just I'm trying to ma'am. I'm trying to help you out here. I'm not ma'am. I'm a mess. Miss I'm going to advise you of your your rights, okay? I want you just to listen to me. You have the right to remain silent. Anything you say can and be will be used to get you in court. Are you a ma'am or are you a miss? Listen. Yes. She can't give you your what? Ma'am or miss? Who? You. Um, you are you a ma'am or are you a miss? Ma'am. Yes. You're a ma'am. I'm Gia. Okay. I'm just Gia. cuz she's objecting to be being called the ma'am at her age. Oh wow. Well, some younger people they don't like being called ma'am or sir. Sir is my dad. I believe he's a good guy, too. He's doing you a solid not putting you in handcuffs, dear. I've worked with him for seven years. Yep. I've worked with him for seven years and he's never done that for anybody. Well, he might as well probably nic right back. These are going to be about million options here. Sitting in here for a second. Hop in, honey. I know. I'm taking the bathroom. That's exactly where we're going. We're going to go. So, there's a speedway right up here and that's where we're going to go. Okay. A few moments later, hun. I did not read her anything. Okay. Yeah. You read her lights, right? No. Oh, you did. Number We sure will. Let's go over here. Really? Give me your cuffs. We're at that point. All right. So, could you turn around? Hands are back on. Palms together. Like you're praying. Okay. And now we're actually going to have to play along and do what we do. Why are you guys waiting right now? We're getting ready to cuz you're under arrest. Hey, maybe this will be a wakeup call. So, did they lie to her that they weren't going to that they were just going to write her a ticket and let her go? big enough. I've got small ones in my find out when she plays that. You know what I mean? I'm afraid I think we're at the end of a rope with those. It might be. She's been search. Okay. All right. We're going to go. Okay. Thank you. Pop in. Well, ma'am comes from the military, doesn't it? Yes, ma'am. The right ticket. No. Yeah. Yes, please. Okay. Awesome. So, ma'am, I have to read you two forms. Okay. So, essentially what's going to happen now is we have it's just the administrative portion of this. I have to read you two forms. One is going to be your constitutional rights and two is going to be the the BMBB 2255. Okay? It's the consequences of taking a breath test versus refusing a breath test. I have to legally read it to you. I'll explain everything when I'm done. Just do me a huge favor. Let me get through it. Okay. Okay. I'm going to advise you of your rights. You have the right to remain silent. Anything you say can and will be used to get you in court. You have the right to talk to a lawyer for advice before we ask you any questions and have a lawyer present with you during questioning. If you're unable to pay a lawyer, one will be appointed for you prior to any questioning if you so desire. If you wish to answer questions now without a lawyer present, you have the right to stop answering questions at any time. You also have the right to stop answering questions at any time until you speak to a lawyer. Do you understand what I just advised you of? Okay. So, this form is long and it's lengthy and it's somewhat confusing. Just let me get through this top portion and I'll explain anything any questions you have. I'll answer any questions you have. Okay. It states you are now under arrest for operating vehicle under the influence of alcohol, a drug, or a combination of them. If you refuse to take any chemical test required by law, your highriving privileges will be suspended immediately and you have to pay a fee to have the privileges reinstated. So, with that said, ma'am, I'm going to offer you a breath test. Do you want to take a breathalyzer this evening? So, what are my what are my like levels? So, so right now So, I have no idea what your levels are. No, I'm not asking what my levels are. I'm asking Oh, what the what the illegal limit is. 08 is the legal limit. She doesn't even know. So, right now you are going you are charged with operating a vehicle under the influence. The general code section. I'm offering you a breath test. If you test over the legal limit of 0.08, your license would be suspended for 90 days and you're going to have a court date in the next five m business days. Two, if you refuse a breath test, your license will be suspended for one year and you're going to have the same court date in five business days. In either instance, I'm not taking you to jail. Okay? I want you to understand that. I want you can I do understand that. You do want to take a breath test. No, no. I want to know my other options. So, only two options right now. Two options. One, you can take a test and if you test over, you'll be suspended for 90 days or you can refuse a test. You can or you'll be suspended for a year and have a court date in five business days. Again, you're not going to jail tonight. Does that I want you to understand that. I do understand that. Okay. So, tell me, but you we do have to we're on kind of a time crunch. Do but you got to tell me what you want to do. Do you or don't you want to take a breath test? That's my options. I take a breath test and like I get I didn't hear you say that. Can I Can I get my options again? Yep. Take a test. Test over the legal limit of 08 and your license is suspended for 90 days and you have a court date in five business days or refuse. Your license is suspended for one year and you have a court date in five business days. Take a test or refuse a test. Those are your options. Come on, lady. To be honest, I feel like it's feeling I don't know. I don't know. It's like a game. No, it's not a game. I'm I'm not going to take a test. You're not going to take a test again. I don't care what you do. You just got to tell me. I don't care. You're going home no matter what. So, I'm going to take a test and I'm going to I'm going to take like a So, you can't take it here. You got to take it down to my headquarters and then I will give you a ride home from there. Oh, and like I'm going to breathe in something. Yes, ma'am. Okay. At your headquarters? Yeah, at our headquarters. Yeah, I'll take that. You'll take that test? Okay. So, we got to go down there right now. So, I got to I'm going to I got to put this seat belt on you. No, sit up straight. I got to put this seat belt on you and then we're going to head down there. So, I need I need about I need you for about 30 minutes. We go down there, you take a test, and then I'll give you a ride home. Stand by for me. Yep. Are they roommates? Hey, are they roommates? Yeah. Okay, I'll let them know. She's getting a pretty decent deal, ma'am. Do you have anything in your mouth? She's really like a tongue ring or gum or Yeah, she's getting at first. The jury has been deliberating for an hour and 4 minutes. Almost an hour and 5 minutes. But I mean, 30 minutes and he gives her a ride home. That's I don't know. Back in my day, DUI was a stigma. It doesn't seem like a stigma anymore. Tyrant. Tyrant. Pure tyrant. He is. Yes. The abuse. Even giving her a ride home. Yeah. The abuse he's putting her through. My gosh. Well, she's been cooperative. She hasn't been violent. She hasn't been obnoxious, right? Yep. Thanks, buddy. Very much. I see you, dude. Crying. Katrina. Yep. I did nothing wrong. What is your name? Katarina. Katarina. I'm sorry. Do you have anything in your mouth? I do not. Okay. Thank you. Thank you. What were you going to do if I did? I was going to wait 20 minutes before we did the breath test and ask you to spit it out. Yeah, I don't. Okay. I would like to let out I said I He's not a quitter. Yeah. Okay. I'm going to You Do you remember what we talked about? We're going to go take the bread test and then I'm going to take you home. Is that still what you want to do? Yeah. Yes. Yeah. Okay. Yes, ma'am. I just need you about for about 25 minutes. Okay. and then I will drive you home. So for the next 5 days you have if you test over you have to figure it out once you stick to a I don't test over like I don't like I don't junk drive like I don't I don't test over. Okay. That's why like me in the back is like absolutely ridiculous. I don't test over. Okay. You don't drunk drive. Yes ma'am. Uh, just a second update from the trial. It looks like crowds of large women in pink shirts are showing up to support Karen Reed outside the courtroom. Yeah, let's let's cause another mistrial by being jackasses outside the [ __ ] court. Yeah, they are. Well, they're not on the steps. They're across the street or wherever the designated protest area is. But yeah, there looks Yeah, there there seems to be about a hundred women so far or 100 women 100 people so far, sorry. But the vast majority of them are larger women wearing pink or large men with mobes wearing pink. I wouldn't agree to any of that, Matt. So, my opinion does not matter. Yeah. All right. So, we'll be in here for about 20 minutes and then I'll take Jim would want one of each. Uh, what would I want? Wait, what? Jersey Mike's, Jimmy John's, Wendy's, Taco Bell, or Panterios? Pancheros. I don't know. I don't know what Pancherios is. I can't have Jimmy John's. Can't have Taco Bell. So, for me, it'd be Wendy's or Jersey Mike's. But I'm not actually hungry cuz I had that uh half a sandwich earlier, so I wouldn't eat anything. And I did have my first I forgot to share this. We had our first temptation last night. Uh I woke up and mom had brought uh her extra there was a two for $5 double cheeseburger deal. And I was like, "Okay, where's the cheeseburger from?" She said, "Burger King." I said no. So, the boy is getting the leftover Burger King for dinner tonight. Oh, Jim, I'm so proud of you. Cuz I'm not touching it. There's a tear right here in the corner. Right here. Right here. Out of out of all the places you can't eat at, which do you miss the most right now? Probably the Burger King cuz that's cuz it's literally sitting in the refrigerator. You know, I could have had that for breakfast and I did not. Oh my god. Yes. Well, breakfast is at 1:00 a.m. You know, when I was working on the paper, that's the only decent food available at Burger King is their breakfast menu. See, I don't like breakfast, though. I don't like eggs particularly, and I can't eat uh pancakes cuz they kill my stomach. So, anything pancakes or French toast or whatever, I have a reaction to. Okay. I mean, I'm used to whenever we used to go to uh breakfast places, I would either not eat or I would have bacon and uh toast to make a bacon sandwich. Oh, dear God. What? Nothing. Nothing. I didn't say anything. What? If you want to starve me to death, take me to uh to uh International House of Pancakes, cuz I don't eat that. Nothing. Nothing. No. But eggs are good for giving you a shiny coat. Yep. Uh no. No. Zip it to you. Zip it. I didn't say that. I'm saying it to myself. You want to walk right in these glass doors to your right. You're going to walk all the way in all the way down this hallway. Take a left. Usually when I cook eggs, I cook a dozen eggs. Two or three for me and the rest. Sit right in here. Sit right here. Sit right in that red seat. I'll be right with you. Yeah, I I'll have them off in two minutes shortly. Maybe a little longer. Okay, ma'am. What the machine is doing is it's purging itself to give you a fair and accurate test. Okay? So, you got to take a deep breath and blow for about 10 seconds. Okay? It's kind of like you're blowing up a balloon. As soon as you're done with that, I'll fill out paperwork and we'll be out of here. Okay? Thank you. Okay. Do me a favor. Go ahead. Little bit upset this morning. I only had enough eggs for the dogs and I didn't have any left for me. What you're going to do, I such a good man, Hank. So, I had a sausage, egg, and cheese sandwich or a sausage sausage and cheese sandwich. No egg. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. In about 10 seconds, you're going to click. Don't stop. Don't stop. Don't stop. Don't stop. Yeah. It'll be 19 months soon since I had a hamburger. Keep going. Keep going. Keep going. Keep going. Keep going. Okay. Take a deep breath or any bread since I've had a hamburger. Cut it out of my life completely. like 26 lbs since then. So So now we know why you're so bitter. Yep. So you can't have the beef. 2110. Yep. The legal limit is 08. So you are you are Yes, ma'am. Yeah. If you missed that, she blew a 2110. Wow. So yeah, she's twice almost three times the limit. Yeah, that can't be. She doesn't drive drunk. She said so. Yeah. And someone that tiny, you know? Yeah, that's a lot of booze in a short period of time. Oh, somebody that small, it doesn't take as much booze to get them drunk. Well, oh, good lord. But she's got a healthy liver. Huh? For now. For now. It's not the biggest a deal. Okay. You're essentially going home with a traffic ticket. Okay. In a court date, just like I said. I wish we could be more like Germany. And then I'll we'll get you home safe. I mean, Germany, they love their beer. You're being charged right now. Okay. You're not being convicted. But they don't get sloppy drunk with their beer. So I have to take off for I think the legal drinking age as long as they're tall enough to see over the bar they can drink. Like some blue car blue collar people take off work. I don't have time to take off work. Well I'm not going to have any time to take off. I'm not going to have any time to Well, I understand that. But don't you think we should have made made a better choice? I mean you're blaming me. I love made a better choice. I think that level could have been choice. I don't think it's just me going out. You tested a 2110. Like what? I don't I don't know what you're It was that damn car's fault for being in the way. I mean, to be honest with you, I'm just happy that no one was hurt this evening. I mean, because it could have been way, way worse. Yeah. One Uber. Now she's got 90 days worth of Ubers. No, ma'am. I didn't. Okay. So why didn't she get tested? Because I didn't get any indicators from her. She wasn't slow at her speech. She didn't have glassy bloodshed eyes. There was no odor of alcohol. So like why did why was her test? Because I I have to have probable cause in order to to play run her through tests. Like the only reason you had probable cause is because we told you that we were drinking. That's one of the probable cause. Yeah. So that's the only reason you had probable cause then and you slammed into another told you point blank that we were drinking. So point blank like the test the odor of alcohol coming from. Yes, but I'm saying the person who crashed into me was coming from my straight up you ran into her. Damn it. She crashed into me. Were you driving the Jeep? Yes, I was. She also crashed into me. Listen to me. You have front end damage. She has rear end damage. She was stopped at a stoplight and you hit her. Okay, stand up for me. Okay, so I need you to sign two documents for me. Okay, this is not an admission of guilt. It's just stating that you received a copy of these this citation. Okay, so if you would do me a favor, your insurance is going to be happy right here on this X sign. Okay. This is a copy of your citation. I'll explain a couple things to you in one moment. Okay. Can you explain me before I sign them? Yes. Okay. So, this is a copy of your citation. I'm sure your name your license information to go bye-bye. The date that it occurred, the time of the the crash, your vehicle information, where it occurred, West Fifth Avenue, you're being charged with three things. It's one charge. What are they being charged for? Assured clear distance ahead, which is the crash. This is the general OVI. And then this is what you tested. Okay? It's all encompassing in one instance. So they're being charged DUI getting DUI. So you are getting a DUI. You're not being convicted of a DUI. I want you to understand that. Okay? In order for that to happen, the legal process has to play out. Your court date is on the 26th. Okay? You have to go to court at this address at this time. Okay? Your vehicle is located at this address. So do me a favor. Sign right here for me. So, I'm getting a DUI. So, you're getting a DUI. I'm giving you a ticket and I'm taking you home. Okay. Write it on the wall for jail or anything along those lines. Just like I said. What is your explanation for for like me getting a DUI? Operating under the influence. I believe I believe that you had too much to drink tonight based on the crash, your behavior, your field sobriety test, things along those lines. Okay. So, what are like my options from this? So, u do me a favor. Why don't you sign me so we can get you home? You don't have to sign them. Do you want me to mark that you didn't want to sign them? No. What are my options other than sign them? You don't sign or don't talk to an attorney. It's up to you. What happens if I don't sign? Nothing. The same thing identical thing happens if you don't wish to. It I mean it is it's not an admission of guilt. It's just stating that you received both copies of these items. So right here and I'm going to give you a copy of them. Yep. You got to turn. and then right here. So, with that said, here is I'm going to give you a copy of these and then we're on our way to your residence. This is a copy of your test. You tested at 2110. Okay? So, keep this. I'm going to circle your court date on here. 92623. Okay. At that address, that's your court date. That is your copy. So, your license is now suspended for until you speak to a judge. Okay. So, you have from now until we get to your How much do you think she's going to remember when she wakes up? I don't know. I think she's going to think it was a dream. I'm just a little concerned with him driving her home like this. I mean, at least let her sleep it off in the drunk tank for an hour or two. I I think I can just release her to a non Yeah. Well, he's driving he's driving her straight home right now without said a word about Yeah, but he hasn't said said a word about that yet. So I'm more concerned that there is nobody there who is sober who can take care of her with the extreme inebriation. Yeah, I don't I don't think I call 21 extreme. Well, it's twice almost three times league limit. She wants to go sleep. It's that extreme to me, but uh yeah, if she was three something, that might be getting into the realm of extreme. Okay. Well, I still would not be comfortable with her going straight home without someone being there to be responsible for her. Well, that's because you're a conservative right-wing nut job. Of course, that's what I am. I mean, I've never voted for an R in my life. We need somebody to babysit her. We need someone to babysit her. That's right. Uh, we need Mr. NCR, Mr. NCR. In fact, Hope Phil, dearly beloved, we're gathered here today on this special Friday. The God, he's going to be so mad to scare the crap out of NCR as he needs to care for another human being and keep her alive. And she's a local. She's a local. She could be in his house in five minutes. In five minutes. in 5 minutes. NCR, do you take this woman and promise to keep her alive as the best of your ability? I do. I do. And extremely inebriated girl. Do you promise to remember NCR when you wake up in the morning? I do. I do. By the power vested in me, by the Friday the 13th franchise, NCR's movie channel, Maybe Aura. Please sponsor us. Please sponsor us. I now pronounce a YouTube husband and wife. This the new Mrs. Cl. You may lick your bride. Yes. I don't have any questions. Okay, take a left. What do you say? I mean, it's too late. I already got it. Put your seat belt on first. It's right over there. Got it. Bring it. No, no, no. Other one. It's It's closer. You're kind of Yep. And then bring it right across. Thank you. Ma'am, if I come down on Tangi, it is to the right. Are you talking to me? Yes, ma'am. If I come down on Tanti, are you talking to me? It's on third. Okay. So, if I come down on Tangi and take a right on third. Um, I'm looking. No, no, you don't have to. I can pull it up. I'm just curious. You're going to arrest me and make me sit in the back of a cop car. Can you find my address? Yes. Thank you. Or can you like un unarrest me, please? Godamn. Take take your ride with attitude. What a [ __ ] [ __ ] Now she's vaping. Why don't you take into account like the other people in the like crash? So there was only one other person. I know she was very much involved. Yes, ma'am. Absolutely. She was involved. I I did speak to her. I don't think you were there though. I think you came after. I I was I would agree with that. I was after I was after the crash occurred. I would agree with that. But I did after I did speak with her after the crash occurred. But like you also spoke with me, right? What? Are you just taking our word for it? Uh, say that again. Are you just taking both of our word for it? No, ma'am. I'm I'm taking there. It's called the totality of the circumstances of everything that went into account. So, I get my like my crash looked worse, but have you taken her like account into it? Cuz she was very rude. Yes, ma'am. I did. She was very rude. She was She was upset just like most people are rude when you ram the back of their [ __ ] vehicle when they're stopped at a goddamn stop suspended. Yeah. Yes, ma'am. Until you speak to a judge. When you speak to a judge, you can apply for privileges. Uh perfect. What I tell people is because you're in sales and you drive quite a bit, be honest with the judge and let them know that you drive for a living. There goes her job. A judge understands that you have to work. Okay. So, just be upfront and tell them your circumstances and I I would I would assume they will try to work with you. Does that make sense? Yeah. It's your first OVI. So, the judge understands you have to you have to work. So, they they they've seen the situation before, if that makes sense. They don't want because you got an OVI, you shouldn't lose your job, which you I I highly doubt you will. So I have to um I can't even if she drives for work. Here's your pink copy right here. Well, they right now drive until you speak. I see him give it a permit for driving, but you're only able to drive for purposes of work. There's your to and from work. Okay. She was charged with operating a vehicle impaired, having a prohibited breath alcohol concentration, assured clear distance ahead. That means following too closely. On June 4th, 2024, she plead guilty to the OVI charge. The other two charges were dismissed. She was fined 300 plus court costs and ordered to attend a 3-day driver's intervention program. Six months. Her license was also suspended for 6 months. Wow. Nip it. Okay. Nip it. Oh, what the hell? This one's for Hank. Hooters waitress arrested for aggravated driving while intoxicated. Will she pass the motorboat test? What's that, Hank? Will she pass the motorboat test? Probably. We will see. We will see. Uh before we start, deliberations are at 1 hour 27 minutes exactly. And the court TV poll says 82% not guilty. Our own poll says, where's our own poll? Our own poll says it'll take it's a tie between one day and four plus days each at 29%. H for a verdict to come back. I will stick the uh pole in the side chat and we are hanging out here on a special Parson Friday early today until they finish deliberations for the day. I want I I don't know what if I agree with the 80. Well, it's Court TV is highly pro Karen Reed. They just are. Yeah, I think chances I not sure about the murder one charge, but the other two charges, uh, pretty good chance she's going to be found guilty of at least one of the two. Oh, I forgot to tell you when I went to pick up Zoe, her doppelganger was there. A honestly there were two of them. They were both on the table and I didn't know which one was Zoe. Honestly, I didn't have my phone cuz I didn't take my phone when I went to pick her up, but I asked him to send me a picture of Cleo who was six years old and just spitting image of Zoe just coloring everything. Yep. It's incredible. Mexico 023 William Adam. Hey ma'am. Hey Sergeant Travis police department. The reason I was pulling you over is illeible plate back there. Okay. Really? I just got the new plates or like last month I think the tags? Yeah. Okay. No, it's not tags. It's the plate itself. The whole plate? Yeah. You can barely read it. Okay. Oh, am I supposed to get a mute? You can request a new one whenever that happens. If you want to come see it, I'll show you. I have seen how it looks like blurry kind of. Yeah. And I was I just got the ticket. I mean, I just got the the Sorry, I'm so nervous. Oh, no. It's all right. I haven't been. Is the vehicle registered to you? No. Yeah, it's mine, but I just got the the sticker for it last month. Oh, okay. Yeah. So, you should have asked for a new license plate cuz it's completely when I was putting it on, I saw that it was kind of a little blurry, but I wanted to go new. I did notice that. No. Okay. We just got to keep up with our automatically give you a new plate every like four years here. For the crime office traffic, go ahead and step out for me. I'll go back over here. Okay. All right. I asked you to step out cuz I can smell the alcohol in the vehicle. Okay. Okay. How much have you had to drink tonight? No. You haven't? No. I fell asleep earlier. I came to pick her up. Just to pick her up. Okay. You have not had anything to drink? No. Okay. Are you willing to submit to us some field test? I want to make sure you're okay to drive. Um, yes. Yeah. Let me get my lights real quick. Okay. Oh, NCR would like this one. I just know it. All right. Let's get Make her go over here. And it wouldn't take much. Just some black lipstick and some big boots. All right. First thing I'm going to do is I'm going to check your eyes. Okay. Pretty girl. Yeah, she's very pretty. Too bright here. Okay. Follow the tip of my pen with your eyes and eyes only without moving your head. I'm going keep moving it back and forth and just keep following until I take Well, it is Parson Friday, Pope Phil. Yeah. Pope Phil and Pope Phil. You think Parson deserves a Hooters's girl? No. This one's all NCR. No, no, no, no. I think if we were to deprive NCR because the last two went to him and this one who is perfect for him can go to Parson. Oh, that's what send him over the edge. Dearly beloved, dearly beloved, we're gathered here today to send NZR over the edge by giving away this lovely woman to our dear friend and only other possibility person Jim Finch. Hooters girl, do you promise to serve hot wings and fries to person to Jim Finch? I do. I do to Parson, Jim Pinch. And Parson, do you take this lovely woman to be your Jim Pinch? He says he does first of hot wings and fries. I only love. Oh god. Jim Finch does not take anybody but Parsons does. [Laughter] By the power vested in me by Bakies, I now pronounce you YouTube husband and wife. You may eat your hot wings and fries. Did you say stuckies? Bies? Oh, I thought you said stuckies. Biesimaries. Yeah, we used to have stuckies in Wisconsin. in Illinois. Parson is very happy. Good. Congratulations, Parson. Make sure you tell NCR. Rabbited. Yeah, she's gorgeous [Music] and all natural, it appears. Only women think men care about that. Well, I'm saying she's gorgeous cuz I think she's gorgeous. I do too. I'm just saying the all natural part. Well, because we've had some uh incredible examples of what not to do to your body. All right. Like not having the Karen Reed duck face over there. Yeah. Or a flotation device. Strapped to your chest. No. No. It's normal to be nervous. Okay. Let's go over here. Mad because you're at the age where it gravitates right there. Yeah. We'll use this line. Okay. Yeah. It's a health risk for me to go under. All right. So, you see that line before you, right? Yeah. All right. So, we're going to do is I'm going to talk you through it and then uh I I'll give you the instructions. Okay. Put your left foot on that line like this. Okay. Now, put your right foot in front of the left foot. Heel to toe touching heel to toe. Arms down to your side. Okay. Now, stay in this position until I tell you to move. Do you understand? Okay. When I tell you to start, what you're going to do is you're going to take nine heel to toe steps on that line. Okay? You're going to touch heel to toe on each step. Okay? When you get to your ninth step, you're going to leave that front foot on that line. You're going to step out with the other foot. Take a series of small steps to turn around. I'll show you how to do that. And then you're going to take nine hill to toe steps back on that same line. Okay. Now, on each step, I need you to look down at your feet. Get back in that position. That's a shame to say all. Now, on each step, I need you to look down at your feet the whole time. Count your steps out loud so that I can hear you. Keep your arm Uh-huh. Keep your arms down to your side at all times and don't stop this test until it's been completed. Do you understand? Okay. For demonstration purposes, I'm going to do three steps. You are doing nine. Okay. Get back in that position. Sorry. Tail to toe like this in that line. Okay. I'm I'm going to demonstrate. Okay. It's going to be like this. One, two, three. Up until nine. Step out like this. Sher's a small step to turn around and then back on that line. One, two, three. Okay. Do you have any questions? You understand the instructions and the demonstration? Yeah. All right. Just a second. Not Not yet. Not yet. Go back. Sorry. Not yet. Not yet. Not yet. [Music] Okay. You may be good. Two. Oh, she's doing great. Five. Six. Seven. Eight. Three 10 as instructed. Yes. One. He didn't do the circle. 5 6 7 8. Yeah, she did really well. Mhm. Okay. All right. For this next one, big comparison. What you can do is stand with your feet together like this. Arms down to your side. All right. Stay in this position until I tell you to move. Okay. You mean 21 steps what to do? Is it right? Like a duck. 21 duck steps. Uh Court TV is reporting defense team is headed back inside the courthouse. Clock is still going. Maybe a question from the jury. Uh it could be. Yeah. Or just to close out for the day and go home. Yeah. Well, it's only 4:20, so they were supposed to go till 5. Oh, I thought they were going till 4:30. No, I thought they were going till 5. Okay. Either left or right, it doesn't matter. It's up to you. You're going to raise it approximately 6 in off the ground. I'll demonstrate that as well. This car has passed by. As you can hear me, maybe there's a verdict. All right. Again, you're going to raise your foot, your choice, left or right, approximately six six inches off the ground, like so. Okay. If you notice, my foot is parallel with the grounder point. Not pointing down, but parallel. Okay. You're going to have your knees straight, arms down to your side. No, not yet. Okay. Holding this position, you're going to look down at the elevated foot and count in this manner. 100 1,002 1,00 3 and so forth until I tell you to stop. Do you understand? Any questions? No, I'm sure it's just an optical illusion, but it sure the hell looked like he had a curved leg. He's double jointed like me. All right, you made Well, this curve was going all the way through. I mean, it was like from mid thigh down to his ankle was curving. 2008 was 910. Look down at your foot. 11 2012 2013 2014 2013 2018 2019 2020 21 Oh, she hasn't moved. 23 2024 2025 Okay, you can stop again. Um, what time was your last drink at? I fell asleep earlier. I just couldn't pick up my sister. Um, okay. But what time was your drink? Last drink at like 3 4 hours ago. 3 or 4 hours ago. Yeah. All right. Go ahead and face the building for me. Put your arms back here, man. Really? Just let this surprise under the influence. Is there a cell phone or anything that needs to go with you in the car? Okay, we can grab that for you. I guess they have to air on the side of caution. If she blows over, it's not going to be by much, I don't think. Yeah. I don't I don't Unless he smells a ton of alcohol. No. Okay. Do you have somebody that can pick up the car? Yeah. That way we don't have to tow it. Okay. All right. All right. Open your mouth. Lift up your tongue. Lift it up. The tongue up. There you go. Take that time as well. And we'll grab your cell phone. Okay. Where is that? In the middle console. Oh, she can. Okay. What's that? Oh, street truckers better. I used to talk to him all the time when I was driving to college on my CV radio. I hate I hate when they uh do a traffic stop at a gas. Not only are you losing the gas pump, they're parked at, but the either side of it are usually blocked off too by the other cops. You've ever seen all right? Yeah, she's my sister. Oh, okay. [Music] I'm sorry. She came to drive me, so I feel bad. Okay. Where was she picking you up from? From Okay. Our chair and you work at RE? Yeah. I needed a ride and she came to pick me up. So, I just feel bad. Okay. We've never like been in trouble or anything. So, I just feel really bad. Where is she coming from? She just came from Omar. And I asked her for Yeah, we know Griffy. All her friend in black can go to NCR if NCR. You can just hang tight. I know. I'm sorry. And the Court TV expert says that Alan Jackson's argument swayed him today. that the uh phone had not gotten cold enough to be outside that entire time. Uhhuh. It was under his body. I know. Yeah. Like I said, the Court TV experts are pro Karen Reed. Yeah. I I just knowing that most of his what he was saying was complete [ __ ] right, didn't sway me it whatsoever. Well, the Court TV knows where their butter is breaded and you know that most of their viewers think that she's innocent. So, they're going to play up to that. Well, let him be shocked when reality smacks him in the face. Uh, we are restarting the Facebook stream, so hopefully this doesn't take us off the air. Well, if you hit the right button, I'm saving changes right now. We seem to be still on the air. What? It's so bad cuz like I literally live like two blocks away. Where do you live at? I know. So it's like salon right here. Yeah. Okay. So I just hope that I asked for a ride. Was she working or she's at She works at Hooters. So I feel bad. No, I meant like right now she Yeah, she got out of work to come pick up. Yeah. And I asked her for a ride. So I just feel bad cuz I live on the street. All right, M. Listen to me carefully, okay? I'm going to tell you something important. You are under arrest for driving under the influence. New Mexico implied consent act requires you to submit to a breath test to determine the alcohol content of your blood. After you take our test, you have the right to choose an additional independent test. If you choose to take this additional independent test, you have the right to a regional opportunity to arrange for a physician, a licensed nurse, laboratory technician, or technologist who's employed by a hospital or physician of your own choice to perform the additional chemical test. The cost of this additional test will be paid for by the law enforcement agency. Do you agree to take our test? No. Okay. I cannot force you to take our test, but if you refuse, you will lose your New Mexico driver's license or non-resident operating villages for one year. If you're in convicted in court of driving while under the influence, you may receive a greater sentence because you refuse to be tested. Do you understand? Okay. I have to ask you again. Do you agree to be tested? No. Okay. This officer is going to hook you up with your phone so you can call somebody to pick it up. She'll she'll be able to call you guys when she can finally get to the station. Um, but as far as right now, uh, she will she will go in jail. What can I do about that? I know you're good. [Music] So, just for right now, just worry about one thing and see if we can get a contact somebody. Yeah. You guys both? Well, like the car and you Okay. I want to help her though. It's not much we can do at this point. What's going to happen with her? So, she's going to go to jail tonight for for the GWI, but just try to work on whoever can come out here or uh so they can come pick you up. Yeah. Okay. Right this way. [Music] Just step right here and step right in here. Check the floor. Do you need to make a phone call or anything? Yeah. Can I ask a question? Yeah. What's up? Okay. I really hate Court TV. They are saying their little insider guy in the chat is saying pause the clock. as if there's a verdict. So, uh, Griffy, where are you getting your information from? This is We're up to date on Court TV. Uh, their little insider just said Alan Jackson may be filing another motion in regard to the jury. So again, Griffy, where are you getting your information from? Just so I can verify it. Why? There's got to be there's got to be limits to I mean, once the jury is already in deliberation, no more motions for the jury. Get your [ __ ] together beforehand. Let's switch over to long prime. Okay. Uh let's jump forward in this one to He's obviously been arrested. Just get a result of this one. Okay. She was charged with aggravated driving while intoxicated and having an ille illeible license plate. Her case is still open. Judging from her performance on her field sobriety, I think it was a bad move not to do the breathalyzer, right? She may have beaten it. And of course, uh, okay, let's go to law and crime. Actually, lawn crime just ended. What the what? So, the jury has to go home, I guess. Start fresh on Monday morning and have a verdict by 10:00. That's my That's my take, my insider court take. I know everything. I'm still going to go with uh at least a full day of deliberation. So, maybe sometime tomorrow or Monday afternoon to go. Karen Reed returned to Yeah, because Court TV hasn't come back yet. Uh, Touche, we're not following the Diddy trial. But thank you, Diddy. Jesus, he's going away forever. That's all. Well, if what he's been accused of is true, he deserves it. Yep. I've only caught little tidbits here and there on it. So, I I have He paid off so many people. He paid off lots of employees. Yeah. Which which tells you what kind of people he surrounds himself with. You pay off lots of employees. What are you talking about? I do. Right there. Back in the courtroom. We saw Karen Reed entering. Now we're going to go back into the courtroom in Daim, Massachusetts to see what happens. The jury's been deliberating for an hour and 47 minutes approximately. So, we're going to see. Jurors, I understand you want to go home. It's been a long day for us. We appreciate everything you've done today. I do have to tell you those same cautions. Please do not discuss this case with anyone. Don't do any independent research or investigation into the case. If you happen to see, hear, or read anything about the case, please disregard it and let us know. Uh do not talk to anyone and that includes each other. So when you walk out the deliberation door, you have to stop talking about this case. Even when you come into the courtroom, don't mutter anything to each other. Certainly not on the ride or anything like that. So, it's very important that you remember that and you cannot even if you get here before you're called into court on Monday, you can't discuss the case then either. And that goes for the alternates as well. So, um we really appreciate that. Watch your social media use and the papers and the news. Stay away from all of that if you can this weekend. We'll see you Monday morning ready to start fresh. [Music] Remember, Mrs. Tom, we are not on tonight. All right, let's bring in CourtTV crime and justice correspondent Matt. Okay. And I don't want to hear from Mr. Matt. Uh, we are not on tonight. We stayed late today to make up for not being on tonight. Uh, Parson Friday is now Parson Saturday just for this week. Plus, we did marry off Parson to someone very special. Yes. Today that NCR is going to flip his lid. Yep. Yes. So, we will see you tomorrow night at 8:00 Eastern time. Anything else from the panel? In honor of Friday the 13th, Jim Finch will be married off to the bride of Chucky. I don't think Rose will be appreciating you calling her that. But on that note, folks, good night. [Music] [Applause] Heat. Heat. Heat. [Music] Heat. Heat. [Music] [Applause] [Music] [Applause] [Music] Good night everybody. Remember, stay away from social media and don't discuss person's wedding with anybody. The