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The battle of expert witnesses often hinges on the perception of jurors. This sentiment is echoed by Jack Lu, a retired Massachusetts Superior Court Judge and current law professor at Boston College. The current trial of Karen Read, who faces murder charges in the death of Boston Police Officer John O’Keefe, exemplifies this dynamic.
Read, 45, stands accused of fatally striking O’Keefe, 46, with her SUV and subsequently abandoning him to die outside a house party in Canton, Massachusetts, on January 29, 2022. The incident occurred during a blizzard where O’Keefe succumbed to injuries including a skull fracture and hypothermia.
A significant focus of the trial is the testimony presented by various expert witnesses. Dr. Daniel Wolfe, an expert from the ARCCA crash reconstruction firm, defended his assessment of the accident but faced intense scrutiny during cross-examination. He provided testimony indicating that his crash tests yielded inconsistent results regarding the incident that claimed O’Keefe’s life.
Prosecutor Hank Brennan meticulously questioned Wolfe’s testing methods, highlighting discrepancies in his approach. For example, he had used a dummy much smaller than O’Keefe without clarifying this limitation. Furthermore, Wolfe conducted only one test per speed variable, which raises concerns about the reliability of his findings.
One pivotal moment in Wolfe’s testimony came when Brennan referenced a video of Read discussing the incident. Lu analyzed this exchange, asserting that it highlights the effectiveness of leveraging expert witness testimony to sway juror opinions.
For instance, Brennan presented video footage illustrating Wolfe’s reconstruction experiments, which showcased plastic fragments dispersing after colliding with a crash dummy’s arm. Brennan’s incisive questioning prompted Wolfe to express doubt regarding the likelihood of such debris causing injury.
Despite the prosecution’s efforts, Lu distills a crucial insight: jurors possess an inherent skepticism towards expert testimony, often viewing it with a discerning eye. This scrutiny serves as a double-edged sword, as jurors evaluate both sides of the expert narrative, potentially harboring skepticism towards any perceived bias.
In addition to challenging the credibility of prosecution experts like Dr. Judson Welcher and Shanon Burgess from Aperture, the defense aims to instill doubt in the jurors’ minds regarding their claims. Welcher, during his testimony, contended that O’Keefe’s injuries aligned with being struck by Read’s 2021 Lexus LX 570, as well as contacting a solid surface like frozen ground.
Conversely, Wolfe constructed a counter-argument, asserting that the nature of the injuries diverged from what one would expect when paired with the damage observed on Read’s vehicle and the alleged presence of taillight debris on O’Keefe’s clothing.
According to Lu, jury instructions are likely to emphasize that experts serve merely to inform rather than dictate the facts of the case. This point underscores the jurors’ pivotal role in determining the trial’s outcome. Observations made by jurors often stem from their collective life experiences, equipping them with a unique perspective that goes beyond the opinions of expert witnesses.
As Lu articulates, juries often approach experts, particularly those they perceive as