The Emily Show

• Defense Case Starts and they don't want to call Proctor | Case Brief

  Defense Case Starts and they don't want to call Proctor | Case Brief Watch the full coverage of the live stream on @TheEmilyDBaker YouTube channel: https://www.youtube.com/live/0Coi3nBtXcQ?si=5VFXwAl2xxgxxDpBDay 24 of the Karen Read retrial focuses on the defense's case and a motion to dismiss. Initially, the motion to dismiss is discussed, highlighting how it is generally denied unless there's a complete lack of evidence. The court typically favors the prosecution's evidence for this motion. The defense then presents its first witness, a tech expert and accident reconstructionist, who analyzes reports from Burgess and Welchure. The expert discusses the timing of the text stream event (1162-2), the backing event of Karen Read's vehicle, and John O'Keefe's phone time. He simplifies complex slides and presents 30 different timing possibilities between the Lexus text stream time and O'Keefe's phone. He points out that three of these possibilities show the text stream event ending after O'Keefe's phone's last manual button click. The expert also addresses whether Karen Read's car ever registered a collision in its data, concluding there was no registration of a collision during relevant trigger events. Cross-examination by Brennan explores the expert's reliance on others' data and whether the Lexus ever registered a collision before. It is clarified that the system is geared toward vehicle-to-vehicle collisions, not vehicle-to-pedestrian ones. Further discussion includes a second chip-off procedure and an SD card found with date and time information, clarifying the timing of key cycles. Brennan’s cross-examination also focuses on a chart of infotainment calls and the expert’s understanding and assumptions about the data. The discussion highlights that the expert agrees the closest points in time to the 11622 event, specifically the three-point turn maneuver, are the most reliable for syncing the clocks. The day ends with discussion about Michael Proctor's text threads and the defense's attempt to authenticate them without calling Proctor as a witness. The Commonwealth argues Proctor needs to be called for cross-examination. The judge reserves a ruling on this matter. RESOURCES What You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTS This podcast uses the following third-party services for analysis: Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/Podscribe - https://podscribe.com/privacy

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  34:37
• Will Karen Read regret this interview? Commonwealth Rests. Who will Defense Call first? | Case Brief

  Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/NqdL0Oq7uMADay 23 of the Karen Read Retrial happened on May 29, 2025. Judge Cannone ruled against allowing the defense to question Dr. Welcher further about Trooper Paul and Dr. Irini Scordi-Bello. The definition of "rely" and its implications in questioning witnesses were discussed. Dr. Welcher remained on the stand for the duration of the half-day session. The defense was allowed to cross-examine the Commonwealth's new accident reconstruction expert about what they relied on from the previous expert, but not necessarily all of their opinions. The defense would have to call Trooper Paul themselves.Dr. Welcher was questioned about the suspension system and height variance of the Lexus were discussed, the 3D modeling process, and about the glass on the bumper that the expert's assumptions was that it was inclusive. Cross-examination concluded after the morning break.The Commonwealth rested its case, and the Defense will argue their motion to dismiss on Day 24 and call their first witness, their tech expert, Matthew DiSogra.RESOURCESWhat You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTSThis podcast uses the following third-party services for analysis: Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/Podscribe - https://podscribe.com/privacy

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  27:19
• Cross Of Accident Reconstruction Expert Dr. Welcher Begins | Case Brief

  Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/IduAs7XWVEUDay 22 of the Karen Read Retrial happened on May 28, 2025. After a brief Direct Examination by Special Prosecutor, Hank Brennan, of their Accident Reconstructionist, Dr. Welcher, Cross Examination took up the whole day and will continue on Day 23. Defense Attorney, Robert Alessi, ross-examination was rigorous and focused on challenging the credibility, methodology, and conclusions of the Commonwealth's expert witness. Dr. Welcher was repeatedly admonished by the court for looking at his computer and searching for information during the cross-examination, rather than answering directly from memory.Alessi questioned Dr. Welchre about the significant amount his firm, Aperture, was being paid by the Norfolk County District Attorney's Office ($325,000), and the details surrounding the purchase and sale of a Lexus exemplar for testing. The defense sought to highlight potential bias due to financial incentives.Alessi challenged inconsistencies in Dr. Welchre's testimony, such as the distance the Lexus traveled in reverse during a test (initially said to be 53 feet, then 87 feet), and the explanation of the 8 mph threshold for tail light breakage.Alessi delved into Dr. Welcher's use of data and images from Trooper Paul's report, questioning the extent to which Dr. Welcher relied on that information in his analysis. There was a dispute about a drone image and other diagrams, leading to a "Voir dire" (examination outside the presence of the jury) to clarify the sources of these materials.The voir dire aimed to clarify the sources of Dr. Welcher's materials and to determine the extent to which he relied on Trooper Paul's report or other evidence. It highlighted the defense's effort to question the independence of Dr. Welcher's analysis and the Commonwealth's attempt to defend it. The voir dire concluded with plans to continue the cross-examination the following day, with the understanding that time was limited due to a juror's scheduling issue.RESOURCESWhat You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTSThis podcast uses the following third-party services for analysis: Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/Podscribe - https://podscribe.com/privacy

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  58:24
• Last Witness? Prosecution Accident Reconstruction Expert Testifies | Case Brief

  Watch the full coverage of the live stream on The Emily D Baker YouTube channel: https://youtube.com/live/3DAtOqbCSh0Day 21 of the Karen Read Retrial happened on May 27, 2025. Week six of evidence included a voir dire of Dr. Welcher, the Commonwealth's accident reconstructionist. Concerns were raised about updated slides and changes to the presentation at the direction of Special Prosecutor, Hank Brennan, without informing the defense. Dr. Welcher also mentioned being "inundated" with emails about issues with Burgess' CV but he was told by the court not to read or discuss them.The accident reconstructionist focused on the "trigger event," during a three point turn and its connection to Ian Whiffin's last point of contact. There was also discussion of variance, the three-point turn of the Lexus, and the backing event. Dr. Welcher analyzed the Lexus's tech stream data, which records data before and after a trigger event, such as reversing and accelerating. The data showed the backing event occurred about 8 minutes after the three-point turn. There are discrepancies and confusing aspects of Dr. Welcher's testimony and PowerPoint slides.He also revealed that the Lexus's tires were spinning and slipping during the backing event, and the car traveled a total of 87 feet. Dr. Welcher ultimately concluded that the Lexus struck John O'Keefe, which led to objections and a sidebar discussion. Dr. Dr. Welcher struggled to provide exact details, such as the point of impact or speed, and that many of his findings showed “results that were all over the map”. He also mentions he is only certain that damage to Karen Read's tail light didn't come from John O'Keefe's Chevy. Though this expert's testimony was tedious and disorganized, it did provided many areas doubt which is a win for the defense. Direct Examination will continue on Day 22.RESOURCESWhat You Need to Know About the Retrial - https://youtu.be/89Jpa8vz1RQ Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo Karen Read Trial - 2024 - https://www.youtube.com/playlist?list=PLsbUyvZas7gKUeCUzApgsEuQRXu5IXeTSThis podcast uses the following third-party services for analysis: Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/Podscribe - https://podscribe.com/privacy

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  30:45
• Kohberger Trial DELAYED? Judge Furious Over Leaks | The Emily Show

  Bryan Kohberger’s has filed a 40-page motion to continue the trial, arguing they are not ready and need more time for investigation and preparation, particularly for the death penalty phase. The defense is also concerned about a Dateline special that aired, featuring non-public information allegedly leaked from law enforcement or the prosecution. They argue the special was prejudicial and portrayed Kohberger negatively. In addition, a forthcoming book by James Patterson titled "The Idaho Four: American Tragedy" is also cited as a major concern. The book claims to have "unmatched access" to the investigation and is set to be released shortly before jury selection in July. The defense argues it will further prejudice the jury pool. The court had previously issued a non-dissemination order to restrict the release of certain information. The defense argues that both the Dateline special and the book appear to violate this order. The defense asserts that proceeding with the trial as scheduled would violate Kohberger's constitutional rights, including the right to a fair trial, due process, and effective counsel. The defense suggests that a trial delay might not be the only remedy, hinting at the possibility of further motions, such as removing the death penalty or dismissing the case.RESOURCESPrevious Podcast Episode - https://www.youtube.com/watch?v=IAF8jCkNKn4 Karen Read Retrial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gKOJlfL__9F027hlETVU-vo This podcast uses the following third-party services for analysis: Spotify Ad Analytics - https://www.spotify.com/us/legal/ad-analytics-privacy-policy/Podscribe - https://podscribe.com/privacy

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  25:39

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