Person David Yannetti Trial 1Trial 2David Yannetti is one of Karen Read’s lead defense attorneys, who delivered the defense’s opening statement and conducted cross-examinations of witnesses central to the cover-up theory across both trials. ← All People
🛡️ Defense · Defense team

David Yannetti

Trial 1Trial 2
7,697 lines 276 proceedings 2 trials
Courtroom still of David Yannetti.

About

David R. Yannetti is a Boston-based criminal defense attorney who represented Karen Read alongside Alan Jackson and Elizabeth Little. Yannetti delivered the defense's opening statement in Trial 1, laying out the theory that Read was framed by people connected to the Albert family and lead investigator Trooper Michael Proctor. Across 69 proceedings in both trials, he handled a broad portfolio of cross-examinations — first responders, eyewitnesses, Albert family members, law enforcement, and forensic witnesses — using a methodical, leading-question style focused on extracting favorable admissions rather than confrontational attacks. His cross-examinations consistently advanced two pillars of the defense case: establishing the Albert family's deep ties to Canton law enforcement, and documenting what witnesses did and did not observe on the front lawn of 34 Fairview Road in the early morning hours of January 29, 2022.

Key Points

  • In his Trial 1 opening statement, Yannetti built a comprehensive alternative narrative in chronological order — using Trooper Proctor's own words and a minute-by-minute reconstruction of the early morning hours to argue that Read was methodically framed by people with deep personal ties to the Albert family.
  • During his cross-examination of firefighter Matthew Kelly, Yannetti spent the first half establishing Kelly as cooperative and reliable on chain-of-custody and scene procedures, then leveraged that credibility for the critical testimony: that Karen Read said 'He's dead,' not 'I hit him' — a distinction central to the defense's innocence argument.
  • During cross-examination of Sergeant Sean Goode, Yannetti compared two printouts of Goode's police-report face sheet with different lead photos and asked whether Goode switched the photo or knew who did, advancing a defense implication of possible report tampering. Goode denied switching it and said he did not know who did. On redirect, Goode explained that a later supplemental photo could become the top photo on a newly printed face sheet, while saying he did not know how the software ordered the photos.
  • Cross-examining Matthew McCabe in Trial 1, Yannetti confronted him with a February 1, 2022 group text in which McCabe told others to tell Chris Albert that John O'Keefe 'never went in the house,' and Brian Albert responded 'exactly.' Yannetti asked whether the message was an effort to get their stories straight; McCabe rejected that characterization.
  • During Brian Higgins's cross-examination, Yannetti established that Higgins destroyed his phone and SIM card despite receiving a legal preservation order, with the lost data including text messages exchanged with Albert family members — an act Yannetti framed as consciousness of guilt rather than the embarrassment Higgins claimed.

Trial Record (276)

276 proceedings

Trial 1 First Criminal Trial Apr 29, 2024 – Jul 1, 2024 233 proceedings

Day 1

Opening Defense Opening Statement: Framing Theory and Investigation Critique David Yannetti 6 highlights 8 lines spoken
Summary

Defense opening argues that Read was framed and previews challenges to the investigation and prosecution evidence.

Highlights (6)
Quote

“Karen Read was framed. Her car never struck John O'Keefe.”

Defense counsel's central opening theory, presented as an allegation and preview of expected proof.

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Quote

“Your only job during this trial is to determine whether the Commonwealth, the prosecution, has proven to you each and every element of the crimes they have charged beyond a reasonable doubt, to a moral certainty.”

Counsel frames the defense's requested standard for the jury's decision.

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Key Moment

Defense counsel argues that the evidence will show Karen Read was framed and that investigators failed to examine the Albert home and possible alternative suspects.

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Key Moment

The defense previews expected digital evidence concerning Jennifer McCabe's Google search and phone activity, while acknowledging the Commonwealth will dispute the proposed timing.

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Key Moment

Counsel asks jurors to assess whether the Commonwealth proves every charged element beyond a reasonable doubt and says the defense will seek a not-guilty verdict.

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Sidebar Ring Video Exhibit 2 lines spoken
Summary

Counsel discussed showing Ring video to the witness for identification and snow-removal timing, with no defense objection, and the judge directed it be marked as an exhibit.

Day 2

Cross Steven Mullaney David Yannetti 5 highlights 118 lines spoken
Summary

Mullaney described what he observed at the scene, said he did not hear the statements put to him by defense counsel, and recalled a leaf blower used during the front-lawn search.

Highlights (5)
Key Moment

Mullaney said he could not identify which woman was performing CPR and estimated that he came as close as 10 feet to Karen Read without noticing blood on her face or hair.

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Key Moment

Mullaney said he did not hear Read make the three statements put to him by defense counsel and agreed that important statements would be included in his police report.

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Day 3

Cross Matthew Kelly David Yannetti 4 highlights 129 lines spoken
Summary

Kelly was questioned about clothing handling, emergency-response recollections, and audio from a replayed video clip.

Highlights (4)
Key Moment

After a sidebar, the judge permitted a second playback of the short video and directed counsel to ask Kelly what he heard; Kelly answered that he heard someone say “fucking dead.”

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Day 4

Cross Greg Woodbury David Yannetti 2 highlights 75 lines spoken
Summary

Cross-examination covered Woodbury's Section 12 transport of Karen Read and his observations of John O'Keefe's arm injuries; a redacted photograph was admitted as Exhibit 382.

Highlights (2)
Key Moment

Woodbury said O'Keefe's hypothermia and pallor made it hard to assess other skin conditions, then described the scratches as extending beyond the forearm area.

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Direct Daniel Whitley Adam Lally 1 highlights 5 lines spoken
Summary

Paramedic Jason Becker described Karen Read's Section 12 evaluation, reported questions during transport, and the admission of his report as Exhibit 383.

Highlights (1)
Key Moment

After defense counsel challenged authentication of a separate engine report, the judge allowed only the witness's report; it was admitted as Exhibit 383.

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Cross Daniel Whitley David Yannetti 4 highlights 44 lines spoken
Summary

Whitley clarified the time scope of his medical-history questions and, after reviewing a report, agreed he had reported that Read said she drank the previous night.

Highlights (4)
Key Moment

After reviewing the report, Whitley said it refreshed his memory and agreed that he had told Trooper Proctor that Karen Read said she had consumed alcohol the previous night.

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Sidebar Photographs and Rule 14 1 lines spoken
Summary

The court considered defense photographs offered for impeachment and limited questioning about the witness's relationship while excluding the photographs from evidence and the screen.

Day 5

Procedural Defense Raises Photograph and Discovery Issue Before Testimony 1 highlights 8 lines spoken
Summary

The court deferred a defense request concerning newly received photographs, discovery, and anticipated witness cross-examination.

Highlights (1)
Key Moment

Defense counsel asked to be heard before testimony about newly received photographs and renewed the request to use exhibits H through K for identification in connection with anticipated cross-examination.

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Cross Sean Goode David Yannetti 4 highlights 412 lines spoken
Summary

Goode was questioned about Canton Police relationships, report discrepancies, the early search and security of 34 Fairview, and synchronized dash-camera footage admitted as Exhibit 16.

Highlights (4)
Key Moment

Goode acknowledged knowing Kevin Albert professionally and socially and knowing Christopher Albert personally; he also acknowledged that Kevin Albert was Michael Proctor's sister's brother.

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Key Moment

Goode acknowledged that his report's face sheet listed 32 Fairview while the narrative listed 34 Fairview, and agreed that the face-sheet entry was inaccurate.

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Key Moment

Goode testified that after officers left, no officer remained to guard the scene and the road was no longer closed; he agreed that the scene was open to the public.

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Day 6

Cross Sean Goode David Yannetti 2 highlights 138 lines spoken
Summary

Goode was questioned about report face sheets carrying different photographs; limited face-sheet excerpts and a taillight photograph were admitted, and he said he did not know who added the later image.

Highlights (2)
Key Moment

The court marked the key-fob swipe records as Exhibit R for identification and deferred admission until redactions could be reviewed.

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Sidebar Sidebar on Photograph Discovery and Admissibility 2 highlights 24 lines spoken
Summary

The judge excluded proposed photographs after finding a discovery violation and ruling they were cumulative and not inconsistent; additional photographs required a witness foundation before any renewed argument.

Highlights (2)
Key Moment

After argument over reciprocal discovery and the proposed impeachment use of photographs, the judge found a Rule 14 violation, found the photographs cumulative and not inconsistent, marked seven pages as Exhibit "S" for identification, and excluded them.

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Key Moment

The judge said the additional photographs had unknown sources and no present basis for admissibility, directing counsel to question the witness first while allowing further argument before the witness testified.

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Day 7

Direct Charles Rae Adam Lally 1 highlights 1 lines spoken
Summary

Rae described the welfare check at One Meadows Ave. as cruiser and Ring-camera videos were played; the court sustained one defense objection to testimony based on his later video review.

Highlights (1)
Key Moment

The court sustained the defense objection after Rae began to describe what he learned from later reviewing the cruiser video, directing the prosecutor to rephrase the question.

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Cross Curt Roberts David Yannetti 3 highlights 43 lines spoken
Summary

Roberts gave limited observations of Read's demeanor and relationship with O’Keefe; the court limited further questions about her care for the children.

Highlights (3)
Key Moment

Roberts testified that he did not think Read was slurring her words and agreed she did not appear bloodshot, glassy-eyed, swaying, stumbling, or confused during their brief interaction.

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Key Moment

The judge sustained an objection to a question whether Read appeared responsible, then overruled an objection to a narrower question about whether she appeared caring toward the children.

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Key Moment

At sidebar, the judge permitted one final question about Roberts's perception of Read's care for the children and ended further inquiry in that area.

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Day 8

Direct Chris Albert Adam Lally 1 highlights 2 lines spoken
Summary

Chris Albert described the Waterfall gathering, identified John O’Keefe and Karen Read in surveillance footage, and recounted learning the next morning that John had died.

Highlights (1)
Key Moment

After a defense objection to a question about his son's arrival home, the judge directed Albert to answer only whether he knew; Albert answered yes and then explained that his son told the family he was home.

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Cross Chris Albert David Yannetti 2 highlights 66 lines spoken
Summary

Cross-examination explored Chris Albert's Canton and law-enforcement connections; the judge limited part of the defense's proposed bias inquiry.

Highlights (2)
Key Moment

Albert testified about his acquaintance with Michael Proctor and described a long-standing but limited social relationship with former Canton Police Chief Kenneth Berkowitz.

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Cross Chris Albert 5 highlights 75 lines spoken
Summary

Chris Albert was questioned about a photograph with Kenny Berkowitz and his relationships with Canton law-enforcement figures, including Michael Lank and Michael Proctor.

Highlights (5)
Key Moment

The judge allowed questioning about whether Berkowitz had personal and professional relationships with Albert and his family; Albert said he was not sure he agreed with that characterization.

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Key Moment

Albert acknowledged knowing Lieutenant Michael Lank for a long time and agreed Lank was his friend, while qualifying that he would not call the relationship “tight.”

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Cross Chris Albert David Yannetti 4 highlights 267 lines spoken
Summary

Chris Albert's cross-examination focused on Waterfall timing, text messages with John O’ Keefe, photographs at John O’ Keefe's property, and his account of returning home.

Highlights (4)
Key Moment

A Waterfall video clip was played; Albert identified himself leaving at about 12:13 a.m. and agreed that this timing was inconsistent with his earlier estimate of arriving home by 12:05 or 12:10 a.m.

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Key Moment

The judge overruled an objection to a question about whether Albert had told Trooper Proctor that Colin Albert was at Brian Albert's house; Albert answered that he did not remember.

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Cross Julie Albert David Yannetti 3 highlights 53 lines spoken
Summary

Julie Albert was questioned about her ties to Michael and Courtney Proctor; the judge limited the scope of the relationship inquiry.

Highlights (3)
Key Moment

At sidebar, defense counsel said the questioning was intended to explore relationships relevant to the defense's criticism of the investigation; the judge directed counsel to keep the inquiry focused and proceed question by question.

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Key Moment

After the sidebar, Julie Albert testified that she provided child care for Courtney Proctor's children in 2019 two days a week and occasionally after COVID; the judge sustained objections to broader relationship questions.

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Cross Julie Albert 3 highlights 52 lines spoken
Summary

Ms. Albert was questioned about her calls with Courtney Proctor around the arrest and arraignment; she did not recall the details after reviewing a document.

Highlights (3)
Key Moment

After the judge allowed a question about whether Courtney Proctor was an intermediary to Michael Proctor, Ms. Albert denied using her that way. Defense counsel then questioned her about the asserted call frequency; Ms. Albert said she did not deny it but did not recall the exact number.

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Key Moment

The judge sustained objections to several questions seeking whether Courtney Proctor discussed the case with her brother, whether Ms. Albert had advance notice of the arrest, and whether the arrest was widely known.

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Day 9

Sidebar Sidebar Addresses Grand-Jury References, Security, Schedule, and Kearney Motion 1 highlights 19 lines spoken
Summary

The court addressed prior grand-jury references, security measures, the Memorial Day week schedule, and a later hearing on the Commonwealth's motion concerning Aidan Kearney.

Highlights (1)
Key Moment

The judge and defense counsel agreed that witnesses could be identified as having testified before a grand jury on a particular date, while making clear that neither trial counsel was present.

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Cross Julie Albert David Yannetti 4 highlights 320 lines spoken
Summary

Julie Albert was questioned about calls, a Waterfall video affecting her timing estimate, and her observations of Karen Read and John O’Keefe that night.

Highlights (4)
Key Moment

Albert was questioned about 67 calls with Courtney Proctor. She said the number was not a lot over seven months, did not remember the subjects of the calls, and agreed the arraignment could have been discussed during a later call.

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Key Moment

Defense played Exhibit 53. Albert identified the person shown as her husband and agreed the screen showed him leaving the Waterfall at about 12:13:46 a.m.; she said her earlier 12:10 a.m. estimate was made without the video.

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Key Moment

Albert testified that Karen Read did not appear impaired and that she had not seen Read and John O’Keefe arguing during the time she observed them at the Waterfall.

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Sidebar Recross Text Message Scope 4 lines spoken
Summary

The defense sought permission to ask about text messages with Courtney Proctor on recross, and the judge sustained the Commonwealth's scope objection while also instructing counsel to avoid repetitive witness identification.

Day 10

Cross Caitlin Albert David Yannetti 2 highlights 89 lines spoken
Summary

Caitlin Albert said Trooper Proctor interviewed her in August 2023 and acknowledged limits on what she observed inside 34 Fairview.

Highlights (2)
Key Moment

Albert agreed she was not monitoring Colin Albert after greeting him, said the basement door was for the most part blocked from her view, and said she did not see him leave the house.

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Procedural Arguments on Proposed Impeachment Photographs 2 highlights 11 lines spoken
Summary

Defense sought to use photographs to impeach Katie McLaughlin and show bias; the Commonwealth opposed, and the judge deferred a decision until the next morning.

Highlights (2)
Quote

“This is classic bias and classic impeachment evidence.”

Defense counsel characterized the photographs as central to its proposed impeachment of Katie McLaughlin.

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Key Moment

Defense counsel asked to use social media photographs to challenge Katie McLaughlin's testimony and explore alleged bias based on her relationship with Caitlin Albert.

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Day 11

Cross Caitlin Albert David Yannetti 4 highlights 221 lines spoken
Summary

Caitlin Albert acknowledged continued contact with Katie McLaughlin and qualified her account of what she observed while leaving 34 Fairview Road.

Highlights (4)
Key Moment

Albert acknowledged continued contact with Katie McLaughlin and agreed they attended a June 2021 baby shower together; a photograph placed McLaughlin beside her.

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Key Moment

At sidebar, the judge characterized further relationship questioning as cumulative, allowed questioning about one photograph, and directed counsel to move on afterward.

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Key Moment

Albert testified that she did not see unusual items or a person on the front lawn when she left, while qualifying that she was not looking out the vehicle window as she drove away.

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Cross Tristin Morris David Yannetti 5 highlights 161 lines spoken
Summary

Tristin Morris said he could not recall key timing details of his trip to 34 Fairview Road but testified that he saw nothing unusual on the lawn while picking up Caitlin Albert.

Highlights (5)
Key Moment

Morris repeatedly declined to estimate what time he arrived at 34 Fairview Road, saying he would not make up a time; the judge directed the speakers to proceed one at a time during the exchange.

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Key Moment

Morris said he had not been interviewed by state police, then agreed that he had spoken by phone with prosecutors about appearing in court, with his attorney on the line.

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Key Moment

Morris said he did not see a baseball cap, sneaker, red plastic, a person on the lawn, tire tracks, or anything out of the ordinary while picking up Caitlin Albert at 34 Fairview Road.

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Cross Sarah Levinson David Yannetti 3 highlights 176 lines spoken
Summary

Levinson described limits in her memory of arrivals and departures, qualified prior testimony about visibility, and said she was not looking as the McCabe car passed the front lawn.

Highlights (3)
Key Moment

Levinson testified that she did not keep track of every person entering or leaving the house and did not remember seeing Colin Albert, Brian Higgins, or Caitlin Albert physically leave.

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Direct Julie Nagel Adam Lally 2 highlights 5 lines spoken
Summary

Juliana Nagel described the gathering at 34 Fairview Road, a black SUV she saw from inside, and an unidentified dark object near the flagpole as she left.

Highlights (2)
Key Moment

After a defense objection, the judge allowed Nagel's answer about inviting her brother and his companions inside to stand, while directing counsel to the next question.

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Key Moment

At sidebar, the judge said the defense could clarify the timing of the SUV observation on cross and told Lally he could not speak to a witness who was on the stand.

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Cross Julie Nagel David Yannetti 4 highlights 258 lines spoken
Summary

Defense cross-examined Julie Nagel about her delayed interview, relationships with partygoers, drinking, and her account of seeing a dark object near 34 Fairview Road.

Highlights (4)
Sidebar Sidebar on Expert Scheduling and Witness Testimony 1 highlights 4 lines spoken
Summary

Counsel discussed scheduling Ms. Kun's testimony for the next day and clarified that the prosecutor had not previously discussed the current witness's description of an object with her.

Highlights (1)
Key Moment

Defense counsel asked whether the current witness had previously given the prosecutor information about the length of an object; the judge said she understood the answer had been given in court that day, and the prosecutor said he and the witness had not discussed it.

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Day 12

Recross Julie Nagel David Yannetti 2 highlights 11 lines spoken
Summary

Nagel said she did not contact police after realizing the object was a body and agreed her five-to-six-foot estimate was first given in court the previous day.

Highlights (2)
Key Moment

On recross, Nagel said that after a conversation the next day she realized the object was a body, but she did not call 911, the police business line, or any police.

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Cross Ricky D'Antuono David Yannetti 2 highlights 118 lines spoken
Summary

D'Antuono acknowledged delayed investigative contact, described limited attention to the SUV, and said he did not recall noticing damage or anyone outside it.

Highlights (2)
Key Moment

D'Antuono agreed that no state police or district attorney investigator interviewed him during 2022, and that his first statement came more than a year after January 29, 2022.

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Sidebar Sidebar on Screenshot Authentication 2 highlights 2 lines spoken
Summary

The court ordered a short voir dire after the defense challenged the authentication and reliability of proposed screenshots.

Highlights (2)
Quote

“So we don't have a forensic extraction of the phone. The police did not ask to actually take her phone and confirm that those times are actually accurate.”

Defense counsel identified the asserted reliability problem with the screenshot timestamps.

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Cross Allison McCabe David Yannetti 3 highlights 154 lines spoken
Summary

McCabe was questioned about the screenshot's timing and verification, the lack of phone extraction, and Life360 entries she did not fully recall.

Highlights (3)
Key Moment

McCabe said law enforcement had not examined or extracted her old phone before she replaced it, and she later said no extraction had been done on her current phone.

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Key Moment

Defense counsel questioned McCabe about Life360 entries after she said she went home. She agreed to early home-circle entries but did not recall or disputed several later location and drive entries.

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Day 13

Procedural Defense Motion to Strike Alleged Harassment Testimony Denied 2 highlights 4 lines spoken
Summary

The court denied the defense request to strike alleged harassment testimony and instruct the jury to disregard it.

Highlights (2)
Quote

“I opened no door. I didn't even approach the door.”

Defense counsel's concise position that its questioning did not permit the challenged harassment testimony.

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Key Moment

Defense counsel renewed an objection and moved to strike alleged harassment testimony from the prior day, asking that the jury be instructed to disregard it.

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Day 14

Cross Matthew McCabe David Yannetti 5 highlights 557 lines spoken
Summary

Defense counsel tested McCabe's SUV observations, memory of earlier statements, and February 1 group texts with members of the Albert family.

Highlights (5)
Key Moment

McCabe agreed that his recollection of the January 29 observations would have been better at his April 2022 grand-jury testimony, then confirmed that the transcript recorded his answer that neither person seemed overly intoxicated.

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Key Moment

Defense counsel questioned McCabe at length about the black SUV's reported locations. McCabe maintained that he first saw it in front of the house and later to the right, while the court directed counsel to move on after repeated questioning.

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Key Moment

McCabe described V-shaped tire tracks as possibly consistent with, but not proof of, a three-point turn. He also said he did not see John O’Keefe in the SUV or on the lawn and did not hear outside noises that attracted his attention.

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Key Moment

McCabe confirmed group-chat messages about troopers near 34 Fairview, including his message that he was trying to get pictures, and later acknowledged passing information to Brian Albert about Kerry Roberts being interviewed.

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Key Moment

McCabe identified a February 1 text telling the group to ask Chris Albert questions and stating that John O’Keefe never went into the house; he rejected counsel's characterization that the message concerned getting stories straight.

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Day 15

Day 16

Sidebar Sidebar on Discovery Objections and Aruba-Trip Evidence 3 highlights 12 lines spoken
Summary

The court noted discovery objections and ruled that anticipated Aruba-trip testimony could be admitted with limiting instructions, subject to question-by-question objections.

Highlights (3)
Key Moment

The defense renewed its objection to being required to provide impeachment material before prosecution witnesses testify; the judge noted the objection after saying the prior disclosure issue had surprised her.

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Key Moment

The judge stated that anticipated Aruba-trip testimony would be admitted subject to question-by-question objections and limiting instructions, finding it relevant to the relationship, state of mind, and potential motive rather than bad character or propensity.

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Key Moment

The defense preserved an objection to anticipated statements by John O'Keefe and sought foundation that Karen Read knew of them; the judge said the issue could be addressed question by question.

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Direct Laura Sullivan Adam Lally 1 highlights 20 lines spoken
Summary

Sullivan described O’Keefe’s close role in her family and recounted the Aruba trip, including court-limited testimony about interactions involving Read.

Highlights (1)
Key Moment

At sidebar, the court declined to allow proposed testimony about Read’s drink orders at that time, while leaving open possible later recall tied to tolerance or normal-drinking evidence.

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Day 17

Day 18

Cross Brian Higgins David Yannetti 2 highlights 68 lines spoken
Summary

Brian Higgins acknowledged disposing of his phone after a preservation order and not preserving other Albert-family text threads.

Highlights (2)
Key Moment

Higgins acknowledged that he received a preservation order, never received written notice lifting it, and later chose to dispose of his phone without consulting anyone.

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Key Moment

After reviewing a document, Higgins denied telling investigators that he factory-reset the phone or saved texts with his father; the judge sustained an objection to a follow-up characterization of that denial.

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Cross Michael Trotta David Yannetti 3 highlights 49 lines spoken
Summary

Trotta qualified his memory of Michael Proctor's brief call but confirmed Brian Loughran plowed Fairview Road.

Highlights (3)
Key Moment

Trotta said he could not say with complete certainty whether Brian Loughran's name arose during his phone conversation with Michael Proctor, but said Proctor did not ask him to speak with Loughran.

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Key Moment

Trotta confirmed that Brian Loughran drove the truck that plowed Fairview Road on January 29, 2022; after an objection, the court ruled that the answer would stand.

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Cross Louis Jutras David Yannetti 3 highlights 29 lines spoken
Summary

Jutras said he did not review every second of the requested library footage, was not asked to preserve it beyond retention, and did not know how police handled it after receiving it.

Highlights (3)
Key Moment

Jutras said he checked the requested footage's start and end times but did not watch every second, so he did not know whether any footage was missing within the requested periods.

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Key Moment

The judge allowed a question about Jutras's knowledge of how police preserved the footage; Jutras answered that he had no idea. The judge then sustained an objection to a further question about whether video was removed after he provided it.

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Day 19

Cross Kevin O'Hara David Yannetti 4 highlights 219 lines spoken
Summary

O'Hara was questioned about SERT's delayed authorization, search records, the direction of the search area, and the documented locations of recovered items.

Highlights (4)
Key Moment

O'Hara said Lieutenant Tully directed SERT to the area believed to be associated with the vehicle and the victim's body, but O'Hara's team did not GPS-map where the body had been found.

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Key Moment

Questioned about prior testimony placing the sneaker and plastic pieces close together, O'Hara said an exact measurement would require comparing the GPS points, which he had not done.

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Key Moment

O'Hara confirmed that SERT offered to return for a daylight search, and said Trooper Michael Proctor did not call SERT back on the six dates raised by defense counsel.

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Direct Ashley Vallier Adam Lally 1 highlights 21 lines spoken
Summary

Vallier described physical-match analysis, authenticated photographs of laboratory items, and testified that an assembled piece matched the taillight; defense preserved a foundation objection at sidebar.

Highlights (1)
Key Moment

At sidebar, defense counsel objected that the source and recovery of the items had not yet been established. The judge said the defense could move to strike if the Commonwealth ultimately did not lay a foundation.

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Day 20

Cross Ashley Vallier David Yannetti 2 highlights 151 lines spoken
Summary

Vallier testified that the laboratory received Submission 7 from Trooper Michael Proctor on March 14, 2022, described limits on her knowledge of earlier handling, and confirmed a missing section in the taillight reconstruction.

Highlights (2)
Key Moment

Vallier confirmed that the final taillight reconstruction had a visibly missing section and said she did not know where the pieces making up that hole were or what happened to them.

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Day 21

Day 22

Procedural Rule 14 Discovery Dispute Over Defense Experts 1 highlights 36 lines spoken
Summary

The court ordered further defense expert disclosures and planned voir dire hearings before proposed defense experts could testify.

Highlights (1)
Quote

“Second, the Commonwealth has knowingly lied about something where it's easily verifiable that they lied.”

Defense counsel accused the Commonwealth of making a false statement in its public motion while responding to allegations of bad faith.

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Day 23

Day 24

Day 25

Direct Jessica Hyde Adam Lally 1 highlights 8 lines spoken
Summary

Jessica Hyde testified about Safari search artifacts, stating that a 2:27 browser-state timestamp did not establish the search time and that she found no evidence of deletion.

Highlights (1)
Key Moment

At sidebar, defense counsel objected to Hyde's references to work done by “we”; the judge directed the prosecution to build a foundation.

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Direct Joseph Paul Adam Lally 4 lines spoken
Summary

Trooper Joseph Paul presented crash-reconstruction evidence, including scene mapping, Lexus testing, and vehicle-control-history data that he said contained a point consistent with a pedestrian strike.

Day 26

Direct Ian Whiffin Adam Lally 1 highlights 42 lines spoken
Summary

Cellebrite expert Ian Whiffin testified that a 2:27 browser-state timestamp showed tab focus, not the timing of the cold-related searches, and described his opinion that the records were not user-deleted.

Highlights (1)
Key Moment

The court directed that hearsay material at the top of exhibit pages be redacted before the jury saw them, while allowing the chart material to be displayed.

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Cross Ian Whiffin David Yannetti 3 highlights 42 lines spoken
Summary

Defense counsel tested Ian Whiffin's iOS-version comparison, the recovery limits of a deleted browser-state record, and safeguards against alteration of extracted phone data.

Highlights (3)
Key Moment

Whiffin confirmed that his demonstration used iOS 15.8.2 rather than the 15.2.1 version on Jennifer McCabe's phone, explaining that he used the closest version available.

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Key Moment

Whiffin testified that record 4028 carried a 2:27:40 a.m. last-viewed time and that he recovered its URL, while session history beyond the first page could not be recovered after deletion.

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Key Moment

Whiffin explained that altered database files could be put back into an extraction, but said hash verification would reveal changes; he also said undetectable renumbering was potentially possible only with substantial knowledge and skill.

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Direct Nicholas Guarino Adam Lally 1 highlights 19 lines spoken
Summary

Trooper Nicholas Guarino described failed Lexus data-recovery efforts, disputed an interpretation of Jennifer McCabe's phone data, and authenticated phone-message and call-log records.

Highlights (1)
Key Moment

At sidebar, the defense raised a notice concern about proposed testimony concerning computers from O'Keefe's home. The judge said she was not finding that the Commonwealth had failed to provide the material, and the defense accepted the explanation of the proposed testimony.

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Day 28

Sidebar Sidebar on Phone-Search Evidence and Closing-Argument Time 1 highlights 27 lines spoken
Summary

The judge excluded proposed phone-search evidence from the Commonwealth’s case-in-chief for the time being, requested further argument and a proposed instruction, and set a one-hour closing-argument limit.

Highlights (1)
Key Moment

The court deferred a final decision while requesting further argument, case review, timing information, and a proposed jury instruction identifying any permitted use of the search evidence.

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Cross Nicholas Guarino David Yannetti 6 highlights 378 lines spoken
Summary

Defense counsel challenged Guarino's phone-data analysis, reporting, and evidence handling through location, timestamp, call-log, and extraction records.

Highlights (6)
Key Moment

Guarino read from his February 2022 report describing Proctor securing John O'Keefe's phone while on scene; he maintained he did not know where the phone had been recovered.

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Key Moment

Guarino agreed O'Keefe's phone recorded movement after O'Keefe had been found and that the phone was not placed in airplane mode or a Faraday bag for several hours after police took custody.

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Key Moment

Guarino acknowledged that records shown to him contained the two misspelled Google searches and calls to a contact saved as Coco, while disputing counsel's interpretation of some extracted reports.

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Key Moment

Guarino testified that he saw no deleted calls on Karen Read's phone and described only limited Google-search information in the redacted material he received.

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Direct Renee Stonebridge Adam Lally 4 lines spoken
Summary

Dr. Stonebridge testified that John O'Keefe's brain injuries were acute and traumatic, while limiting her opinion on the force or mechanism involved; the court then admitted his medical records and warned jurors about graphic photographs.

Day 29

Direct Brian Loughran David Yannetti 3 highlights 193 lines spoken
Summary

Snowplow driver Brian Loughran described repeated Fairview passes, said he saw nothing near the flagpole before later seeing a Ford Edge there, and testified that State Police first contacted him in 2023.

Highlights (3)
Key Moment

On a later pass, Loughran said he saw a Ford Edge by the flagpole and did not report it under DPW policy because he was being courteous to the Albert family.

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Direct Richard Green David Yannetti 2 highlights 202 lines spoken
Summary

Digital-forensics expert Richard Green gave opinions on phone-location data, a Safari search artifact, and deleted call records; the court limited one opinion's phrasing and required redaction of a call-log exhibit.

Highlights (2)
Key Moment

After sustaining objections to a scientific-certainty formulation, the judge allowed Green to state an opinion without that qualifier; he said the "hos long to die in cold" search occurred at or before 2:27:40 a.m.

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Cross Richard Green Adam Lally 8 lines spoken
Summary

The Commonwealth challenged Richard Green's digital-evidence analysis; he acknowledged that further testing changed one interpretation in his prior affidavit while defending his search-timing opinion.

Day 30

Cross Andrew Rentschler Adam Lally 54 lines spoken
Summary

Rentschler was questioned about limits in the materials reviewed for his report; the defense then rested, the court denied a renewed required-finding motion, and the parties began the charge conference.

Day 31

Day 35

Procedural Judge Orders Tuey-Rodriguez Instruction After Second Impasse Note 2 highlights 1 lines spoken
Summary

Judge Cannone found due and thorough deliberations after a second impasse note and ordered a Tuey-Rodriguez instruction.

Highlights (2)
Quote

“They have come back now twice, indicating essentially that they are hopelessly deadlocked.”

Defense counsel's stated basis for requesting a Tuey-Rodriguez instruction.

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Key Moment

Defense counsel asked for a Tuey-Rodriguez instruction, arguing the jury's two notes showed it had reviewed the evidence and remained fundamentally divided over its meaning.

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Trial 2 Retrial Apr 22, 2025 – Jun 18, 2025 43 proceedings

Day 2

Direct Daniel Whitley Hank Brennan 4 lines spoken
Summary

Paramedic Daniel Whitley testifies about transporting Karen Read to the hospital under a Section 12 psychiatric hold on the morning of January 29, 2022, describing her statements and behavior during the ride and at the hospital.

Cross Daniel Whitley David Yannetti 3 highlights 151 lines spoken
Summary

Defense attorney Yannetti questions paramedic Whitley about the scene, his Canton acquaintances, and his later 'snarky' characterization of Karen Read; Whitley says he was not focused on the house.

Highlights (3)
Quote

“But on February 8th of 2022, just 10 days after these events, you never mentioned to the police during that interview that Karen was snarky in any way. Correct?”

Establishes that the 'snarky' characterization was absent from the earliest police interview, undermining its reliability.

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Quote

“She was a stranger to you on January 29th, 2022.”

Yannetti used this question to contrast Whitley's lack of a connection to Read with the acquaintances and school connection he had explored; the exchange itself does not establish bias.

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Quote

“In that patient care record, it's recorded that Karen was found sitting in the front passenger's seat of a friend's car, crying and visibly upset, but cooperative. Right?”

The only contemporaneous written record describes Read as cooperative, directly contradicting the 'snarky' narrative.

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Day 3

Cross Daniel Whitley David Yannetti 2 highlights 61 lines spoken
Summary

Yannetti impeaches paramedic Whitley's testimony by showing his account of Karen Read's statements evolved across four prior appearances — adding details like 'many hours' and 'sitting outside' that were absent from his earliest sworn testimony.

Highlights (2)
Quote

“So she would have to use the bathroom in front of hospital personnel — some medical personnel — with people watching her — while she was on her period with no tampon. Correct.”

Yannetti offered privacy, menstruation, and lack of a tampon as an explanation for Read's reluctance to provide a urine sample; Whitley said he would understand the combined proposition to be true.

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Quote

“So 2022 there was no mention of many hours. 2024, now that's the first time that you mention the words many hours in your testimony regarding this case.”

Establishes the central impeachment — a key detail appeared in testimony two years after the events but was absent from the earliest sworn account.

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Cross Michael Camerano David Yannetti 1 highlights 59 lines spoken
Summary

Defense attorney Yannetti cross-examines Michael Camerano to establish Karen Read and John O'Keefe's relationship as happy, affectionate, and normal on the night of January 28, 2022.

Highlights (1)
Quote

“And during the month before John's passing, that January of 2022, um, you observed their relationship in your presence to be normal, caring, and affectionate, right?”

Capstone question extending the characterization beyond just the night in question to the entire month preceding O'Keefe's death.

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Day 4

Procedural Procedural - View Openings 1 highlights 3 lines spoken
Summary

Court prepares for and conducts a jury view of 34 Fairview Road in Canton, with both attorneys directing jurors on what to observe at the scene.

Highlights (1)
Quote

“There is no substitute for your own two eyes. As we all know, photos and videos sometimes can be misleading in terms of relative distances depending upon the perspective from which the photo is taken.”

Defense frames the view as superior to photographic evidence, suggesting photos may distort the jury's understanding of distances at the scene.

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Day 6

Day 7

Day 8

Cross Hannah Knowles David Yannetti 2 highlights 24 lines spoken
Summary

Knowles said she could not independently verify the external hospital alcohol result used as the starting point for her calculations.

Highlights (2)
Key Moment

Knowles explained that the crime laboratory's accreditation covers its own testing and related calculations, not the external Good Samaritan Hospital laboratory's testing procedures or quality controls.

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Day 9

Cross Hannah Knowles David Yannetti 1 highlights 93 lines spoken
Summary

Defense attorney Yannetti challenges the basis of Hannah Knowles's retrograde extrapolation, examining serum-to-blood conversion variability and the maximum calculation's no-alcohol assumption for the 1.5-to-2-hour period before 12:45 a.m.

Highlights (1)
Quote

“Were you ever asked to determine the blood alcohol level of Brian Albert?”

Yannetti asks whether Knowles was asked to calculate Brian Albert's BAC. Knowles says no and describes her unit's request as calculations on Karen Read, establishing the scope of her involvement rather than a broader investigative conclusion.

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Cross Ryan Nagel David Yannetti 1 highlights 97 lines spoken
Summary

Defense attorney Yannetti cross-examines Ryan Nagel about his observations of a black SUV near 34 Fairview Road around midnight on January 29, 2022, including its safe operation and his limited view of a woman.

Highlights (1)
Quote

“You certainly didn't see a 6'1" man in the SUV in the passenger seat.”

Yannetti's question advances a defense inference from Nagel's limited, unidentified glimpse; Nagel said he could not see past the woman.

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Recross Ryan Nagel David Yannetti 1 highlights 3 lines spoken
Summary

Yannetti confirms Nagel's testimony that the SUV's passenger seat was empty, reinforcing that no one else was visible in the vehicle.

Highlights (1)
Quote

“You just testified on cross-examination before Mr. Brennan stood up again that you saw that the passenger seat was empty. Do you remember that?”

Directly reasserts the defense's key point from cross — that John O'Keefe was not visible in the SUV.

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Cross Heather Maxon David Yannetti 2 highlights 34 lines spoken
Summary

Defense attorney Yannetti cross-examines Heather Maxon, establishing she may have been distracted by her phone while parked near the SUV and was not actively monitoring the vehicle.

Highlights (2)
Quote

“And so you were more focused on hopefully getting Julie in the car so you could leave than anything that was going on in the SUV, right?”

Establishes Maxon's attention was directed away from the SUV during the critical window

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Quote

“And you certainly did not see a 6-foot tall off-duty police officer in the SUV at any point on Fairview Road.”

Yannetti's final question asks whether Maxon saw a 6-foot-tall off-duty police officer in the SUV; the question frames the defense position rather than establishing an implausibility finding.

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Day 11

Cross Connor Keefe David Yannetti 5 highlights 111 lines spoken
Summary

Keefe distinguished his evidence-collection work from Michael Proctor's analysis and report-writing, then described observations at John O'Keefe's autopsy.

Highlights (5)
Key Moment

After Keefe reviewed the form, he testified that he recorded February 2, 2022, at 12:08 p.m.; the copy of Jennifer McCabe's phone consent form was admitted as Exhibit 81, subject to redaction and not displayed on screen.

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Key Moment

Keefe initially did not recall participating with Michael Proctor in Sarah Levinson's interview, then said a report refreshed his memory; he testified that Proctor wrote the report and Keefe had no input into its language.

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Key Moment

Keefe said he and Sergeant Bukhenik retrieved surveillance video from C.F. McCarthy's and the Waterfall Bar and Grille, while Proctor analyzed the videos and wrote the reports; Keefe said he only obtained copies of the videos and did no analysis.

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Key Moment

The judge sustained several prosecution objections to questions about the medical examiner's knowledge and observations at the autopsy, directing defense counsel to reframe one question and later sustaining as to that line of questioning.

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Key Moment

Keefe testified that he attended John O'Keefe's autopsy, saw injuries to his arm, spoke with Dr. Scordi-Bello, and distinguished providing investigators' known facts from giving the examiner input.

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Day 12

Day 13

Day 15

Cross Zachary Clark David Yannetti 57 lines spoken
Summary

Defense attorney Yannetti cross-examines Sergeant Clark about Clark's lack of personal knowledge of Proctor's access to Karen Read's vehicle before Clark arrived, and about the delayed interview of Colin Albert.

Cross Evan Brent David Yannetti 2 highlights 26 lines spoken
Summary

Defense attorney Yannetti cross-examines Trooper Brent about Brent's lack of personal knowledge of access to 34 Fairview Road before he photographed it on February 3 and the absence of crime scene tape or a tent when he arrived.

Highlights (2)
Quote

“Other than the police officers standing there on February 3rd, the lawn was open to anyone who wanted to look at it, just like any other lawn on the street. Right.”

Yannetti framed the lawn as open to anyone, but Brent did not adopt that proposition; he replied that he was unaware and did not know.

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Quote

“February 18th, nearly 3 weeks after January 29th, you were not asked to go back to 34 Fairview to document or photograph anything on the lawn that day. Correct.”

Yannetti's question addressed whether Brent was asked to return to document or photograph anything on February 18; Brent confirmed he was not. His answer does not establish what occurred that day or how it was documented.

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Cross J. Ryan Gallerani David Yannetti 3 highlights 5 lines spoken
Summary

Yannetti asks Gallerani whether he was ever asked to collect DNA from three other law enforcement figures connected to the case. He was not.

Highlights (3)
Quote

“Were you ever asked to do any buccal swabs of Chief Berkowitz of the Canton Police Department?”

Gallerani answered that he had not been asked to collect a buccal swab from Chief Berkowitz.

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Quote

“Were you ever asked to do any buccal swabs of Detective Kevin Albert of the Canton Police Department?”

Gallerani answered that he had not been asked to collect a buccal swab from Detective Kevin Albert.

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Quote

“Were you ever asked to do any buccal swabs of Lieutenant Brian Tully of the Massachusetts State Police?”

Gallerani answered that he had not been asked to collect a buccal swab from Lieutenant Brian Tully.

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Day 17

Cross Andre Porto David Yannetti 3 highlights 80 lines spoken
Summary

Defense attorney Yannetti cross-examines DNA analyst Porto about unidentified DNA contributors on multiple evidence items and whether comparisons to specific individuals were ever requested.

Highlights (3)
Quote

“Were you ever asked to compare DNA samples from either Canton Police Detective Kevin Albert or Canton Police Chief Kenneth Berkowitz to the DNA profile that you analyzed from that passenger side tail light?”

Yannetti asked whether Porto had been asked to compare the tail-light profile with Kevin Albert or Kenneth Berkowitz; Porto answered that he had not.

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Quote

“Were you ever asked with regard to that broken drinking glass to compare the DNA profile that you analyzed with the DNA of either Boston police sergeant Brian Albert or ATF agent Brian Higgins?”

Yannetti asked whether Porto had been asked to compare the broken-glass profile with Brian Albert or Brian Higgins; Porto answered that he had not.

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Quote

“Did you send those reports to Michael Proctor?”

Yannetti attempted to ask whether Porto sent the reports to Michael Proctor; the court sustained the objection and ordered jurors to strike the question, so it establishes no recipient fact.

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Cross Ashley Vallier David Yannetti 1 highlights 58 lines spoken
Summary

David Yannetti cross-examined Ashley Vallier about an empty spot in the tail-light reconstruction, information she had not received, the March 14 lab intake, and her inability to vouch for pre-lab handling.

Highlights (1)
Quote

“Were you ever provided or told about any pieces recovered from One Meadows Street in Canton?”

Yannetti asked about pieces at One Meadows Street, and Vallier said she had not been provided or told about them; the exchange did not establish an alternate origin.

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Day 24

Voir Dire Jonathan Diamandis David Yannetti 55 lines spoken
Summary

Defense attorney Yannetti questions Jonathan Diamandis to authenticate a group text chain involving Michael Proctor and childhood friends, establishing the document's identity and accuracy; the unredacted chain is marked Exhibit N for identification.

Procedural Admissibility Hearing - Diamandis Texts 3 highlights 23 lines spoken
Summary

Judge hears arguments from Yannetti and Brennan on whether Michael Proctor's group text messages, authenticated through witness Jonathan Diamandis, should be admitted into evidence.

Highlights (3)
Quote

“We're going to pin it on the girl. We're going to make sure that there are some serious charges. She's effed.”

Yannetti, the live orator, quoted this passage from disputed Exhibit N for identification as alleged Proctor text while arguing state of mind and bias. The Day 24 hearing did not independently verify the document text or decide admissibility.

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Quote

“It's unheard of in a murder case that you don't call the lead investigator. But that's what's happened in this case.”

Yannetti highlights that the prosecution chose not to call Proctor, undermining Brennan's argument that bias evidence should come through Proctor directly

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Quote

“There's no best witness rule in this case.”

Yannetti's rebuttal to Brennan's core argument — the defense has the right to choose how to authenticate and introduce evidence

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Day 25

Cross Jonathan Diamandis Hank Brennan 7 lines spoken
Summary

Prosecutor Brennan walked Diamandis through Michael Proctor's inappropriate text messages about Karen Read and the investigation, then established that Proctor never discussed planting evidence, framing defendants, or tampering with evidence.

Redirect Jonathan Diamandis David Yannetti 2 highlights 7 lines spoken
Summary

Yannetti's brief redirect elicited Diamandis's agreement that Proctor was the source of case details shared in the group chat and that Diamandis had no independent case knowledge. Diamandis said he did not recall whether the information was public and was unaware of the firing grounds Yannetti proposed.

Highlights (2)
Quote

“Were you aware that he was fired for revealing confidential information about an investigation?”

Presents Yannetti's question about an asserted termination ground; Diamandis answered that he was not aware of it

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Quote

“Michael Proctor was the one revealing those details about the case to you and anybody on the chat who cared to read them. Correct?”

Identifies Proctor, by Diamandis's agreement, as the source of the discussed case details shared with the group chat

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Day 27

Direct Brian Loughran David Yannetti 1 highlights 285 lines spoken
Summary

Canton DPW snowplow driver Brian Loughran testifies about multiple passes of 34 Fairview Road in the early morning hours of January 29, 2022, stating he saw nothing on the front lawn near the flagpole during any pass before police blocked the road around 6:15 a.m.

Highlights (1)
Quote

“Did you see a 6'1", 216-pound man lying on that lawn?”

Direct question framing the defense theory — that O'Keefe was not on the lawn during Loughran's passes.

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Cross Brian Loughran Hank Brennan 8 lines spoken
Summary

Brennan cross-examines Brian Loughran about distinct prior-statement timeline issues: a claimed Ford Edge sighting, a disputed emergency-vehicle account, and Loughran's correction of a Trial 1 5:30 estimate to 6:15 for a police-blocked approach; the examination also explores whether social media pressure from a pro-defense blogger influenced his testimony.

Redirect Brian Loughran David Yannetti 1 highlights 19 lines spoken
Summary

Yannetti's redirect clarified that Loughran's basketball hoop contact was minor (catching only the net on a portable unit), his defense PI statement was given just two weeks after the incident, and his Trial 1 testimony of 5:30 a.m. was a math error — the actual final pass was 6:15–6:30 a.m.

Highlights (1)
Recross Brian Loughran Hank Brennan 4 lines spoken
Summary

ADA Brennan's recross established that Loughran's timeline was based on estimates from memory, not recorded times, and addressed 2023 media attention separately from Loughran's June 5, 2024 meeting with the defense investigator.

Redirect Brian Loughran David Yannetti 1 highlights 3 lines spoken
Summary

Yannetti establishes that Loughran gave his defense statement in February 2022, long before any blogger attention began in 2023.

Highlights (1)
Quote

“The questioning about the attention that you received in 2023, when you received secondhand the information from the blogger — was that before or long after you were interviewed and gave a statement to the defense investigator in February of 2022?”

Frames the timeline to show Loughran's account existed before any alleged outside influence

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Day 29

Day 31

Procedural Procedural - Motions 1 highlights 1 lines spoken
Summary

End-of-day motions session covering the Commonwealth's objection to Dr. Rentschler's PowerPoint admission, exhibit numbering for sweatshirt evidence, a conditional no-rebuttal announcement after the defense rests, and scheduling closings for Friday.

Highlights (1)
Quote

“Um, your honor, it's late in the day. We would like to renew our motion for required finding on all evidence.”

Defense preserves its directed verdict motion before the case goes to the jury.

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Day 32

Procedural Procedural - Motions 2 highlights 53 lines spoken
Summary

Pre-closing charge conference covering the defense motion for required finding of not guilty, jury instruction disputes, Bowden/third-party culprit arguments, verdict form proposals, and a curative instruction request regarding Exhibit 88 (the hoodie).

Highlights (2)
Quote

“So the question is: in what type of murder case would a judge ever allow a motion for required finding of not guilty? In a murder case where expert testimony on both sides is that the evidence is inconsistent completely with the Commonwealth's theory of the case.”

Yannetti argued that the expert testimony warranted required findings of not guilty.

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Quote

“We understand the distinction you're drawing, and we're strictly going with Bowden.”

Yannetti accepted the distinction and said the defense would proceed under Bowden.

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