Heather Maxon Testimony & Transcripts

About

Heather Maxon was a passenger in Richard D'Antuono's truck when it pulled up to 34 Fairview Road in the early hours of January 29, 2022, to pick up Julie Nagel. She testified in both trials about observing a running SUV parked in front of the Albert home with an unidentified female driver and male passenger, and that she did not see anyone exit the vehicle or walk toward the house. Maxon said alcohol most likely affected her perception, believed she was impaired, and did not know the occupants, whom she described as strangers. In Trial 1, she said she did not observe damage to the vehicle's rear.

Key Points

Maxon described the SUV arriving from the opposite direction just before D'Antuono's truck, establishing its presence at the house from the moment she arrived and providing a close-range observation of the vehicle and its occupants.
Maxon testified that she saw a female driver and a male passenger in the SUV and that its headlights, taillights, and interior lights were on; she did not identify either occupant.
On departure, Maxon stated she saw only the female driver in the SUV; the male passenger was no longer visible, a detail both prosecution and defense drew upon in their respective arguments about O'Keefe's movements that night.
During cross-examination in Trial 1, Jackson established that Maxon was not interviewed by law enforcement until 19 months after the event, raising questions about the pace of the investigation and the preservation of her observations.
When asked directly whether she noticed any damage to the rear of the SUV during her close observation, Maxon confirmed she did not — testimony the defense used to challenge the prosecution's account of a taillight-shattering impact.

Trial Record (6)

Trial 1 First Criminal Trial Apr 29, 2024 – Jul 1, 2024 3 proceedings

Day 12 May 15, 2024

Direct Heather Maxon Adam Lally 3 highlights 146 lines spoken

Summary

Maxon described an SUV parked outside Julie's friend's house and said she later saw only a female driver inside as the group left.

Highlights (3)

Quote

“I noticed a male and a female in the car.”

Maxon described the SUV's occupants when it approached the street.

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Quote

“I did not see any other person. Just the female in the driver's seat.”

Maxon described what she observed inside the SUV as the truck departed.

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Key Moment

Maxon described seeing an SUV approach from the opposite direction, turn onto the same street, and park outside the house where the group stopped.

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Cross Heather Maxon Alan Jackson 2 highlights 69 lines spoken

Summary

Maxon described limits on her attention and recollection and said she saw only the female driver as the truck departed.

Highlights (2)

Quote

“He could have been in when it was parked. But the only person I saw as we were pulling away was the female driver.”

Maxon qualified her observation of the SUV's occupants, distinguishing what she saw as the truck departed from what she could rule out.

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Key Moment

Maxon said the male she had earlier seen in the SUV could have remained inside, while the only person she saw as the truck pulled away was the female driver.

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Redirect Heather Maxon Adam Lally 4 lines spoken

Summary

Maxon said she did not see a six-foot man walk from the SUV toward the house.

Trial 2 Retrial Apr 22, 2025 – Jun 18, 2025 3 proceedings

Day 9 May 5, 2025

Direct Heather Maxon Hank Brennan 4 highlights 84 lines spoken

Summary

Heather Maxon testifies about seeing an SUV with a female driver and male passenger on Fairview Road the night of January 28-29, 2022, and observing no one exit the vehicle or walk across the yard.

Highlights (4)

Quote

“Most likely. Yes.”

Maxon agreed that alcohol most likely affected her perception and that she believed she was impaired, qualifying the certainty of her observations.

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Quote

“I saw a male and a female inside the car.”

Establishes two occupants in the SUV when it arrived on Fairview Road

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Quote

“I did not.”

In response to whether she saw anyone exit the SUV during their entire stop — central to the prosecution's timeline

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Quote

“I saw the female that I saw beforehand also still in the car.”

On departure, the female driver remained but the male passenger was no longer visible

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Cross Heather Maxon David Yannetti 2 highlights 33 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

“Not with certainty. No.”

Maxon cannot say with certainty that she was not checking her phone while waiting, leaving phone use possible but not remembered.

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Quote

“Very much so. Yes.”

Maxon confirms she was tired, compounding the distraction factors — alcohol, phone use, fatigue, disinterest

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Redirect Heather Maxon Hank Brennan 2 highlights 5 lines spoken

Summary

Prosecutor Brennan's brief redirect sought to address the defense's suggestion that Maxon was not paying attention, while Maxon gave qualified answers about her orientation and attention.

Highlights (2)

Quote

“I don't think I was facing the opposite.”

Maxon's qualified response that she did not think she was facing the opposite direction; it does not establish that she was oriented toward the house and SUV or continuously observing them.

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Quote

“No.”

Final confirmation that no one other than Julie came in or out of the house while the truck was parked nearby.

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Locations Touched By This Testimony

34 Fairview Road 5 procs C.F. McCarthy's 2 procs