Person Kelly Dever Trial 2Boston Police Officer Kelly Dever testified as a defense witness in Trial 2 about her observations from the Canton PD dispatch room on the night of John O’Keefe’s death, and about a prior statement she later recanted placing Brian Higgins and Chief Berkowitz alone with the evidence vehicle. ← All People
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Kelly Dever

Trial 2
276 lines 7 proceedings
Courtroom still of Kelly Dever.

About

Officer Kelly Dever was assigned to the Canton Police Department dispatch room overnight on January 28–29, 2022. In an August 2023 law-enforcement interview, she said she had seen Brian Higgins and Canton Police Chief Kenneth Berkowitz enter the Sallyport with the SUV; by Trial 2 she said new information had convinced her that memory was false. She also testified about a contested claim that defense attorneys threatened her with perjury during a pretrial call and about a meeting with Boston Police Commissioner Michael Cox before trial.

Key Points

  • Dever confirmed under direct examination that she had told law enforcement agents on August 9, 2023, that she saw Brian Higgins and Chief Kenneth Berkowitz go into the Sallyport together and alone — the core prior statement the defense had sought to introduce — but testified that she no longer believed that memory was accurate.
  • Dever testified that Boston Police Commissioner Michael Cox summoned her to his office and told her to 'do the right thing'; Jackson questioned her about the unusual meeting and its timing.
  • On cross-examination, Dever accused the defense team of becoming aggressive during a pre-trial phone call, raising their voices and threatening to charge her with perjury — a claim she said was the clearest word she remembered from the exchange.
  • During redirect, Jackson confronted Dever with the lack of documentation for the alleged perjury threat: she had reported it to the FBI, she said, but acknowledged there was no formal report — only an email in which someone acknowledged she had said she felt pressured.
  • On re-redirect, Brennan asked Dever whether affirming the August 2023 account would implicate two fellow officers. Dever disputed that the prior account was true and said she was testifying truthfully.

Trial Record (7)

Trial 2 Retrial Apr 22, 2025 – Jun 18, 2025 7 proceedings

Day 24

Day 25

Direct Kelly Dever Alan Jackson 4 highlights 146 lines spoken
Summary

Boston Police Officer Kelly Dever, formerly with Canton Police, testifies about her observations from the dispatch room on January 29, 2022, including seeing Brian Higgins and Chief Berkowitz in the Sallyport with the SUV.

Highlights (4)
Quote

“Given factual information that makes it so I know I did not. So the answer is no.”

Dever's current position that her Sallyport observation was a false memory, contradicting her 2023 interview statement.

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Quote

“That was my recollection at the time.”

The retained quote records Dever’s characterization of her earlier account; this record does not establish the prior law-enforcement interview statement as sworn or oath-equivalent.

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Quote

“He supports me and just wanted me to tell the truth up here, and his words were 'do the right thing.'”

Dever testified that Commissioner Cox told her he supported her and wanted her to tell the truth and ‘do the right thing.’ She said he did not intend to guide her either way.

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Cross Kelly Dever Hank Brennan 4 highlights 52 lines spoken
Summary

On cross, Brennan elicited Dever's account of a defense-team call in which members became aggressive and one male member said they would charge her with perjury after she retracted her Sallyport memory.

Highlights (4)
Quote

“I told them on the day of that I saw that. I didn't make any indications it was anything bad. I just said I saw them, and it was in good faith that I believed I saw that.”

Dever frames her original statement as innocent and her retraction as evidence-based, not coerced

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Quote

“They were looking for me to say that I saw Higgins and Berkowitz in the garage with the car.”

Dever said call participants wanted her to say she saw Higgins and Berkowitz in the garage with the car.

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Quote

“They became very aggressive, raised their voices, and the one word that I can very definitely remember is they said that they would charge me with perjury.”

Dever's account that call participants became aggressive and that one male defense-team member said they would charge her with perjury.

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Quote

“There is discomfort with the way that there's attempting to guide what my testimony is, but I don't feel any need to fall into it because I'm here to speak the truth on the stand.”

Dever signals discomfort with the defense's direct examination approach while asserting independence

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Redirect Kelly Dever Alan Jackson 3 highlights 40 lines spoken
Summary

Jackson challenges Dever's claim that defense threatened her with perjury, confronts her with her prior statement about Higgins and Berkowitz in the Sallyport, and raises her friendship with Sarah Levinson and exposure to trial footage.

Highlights (3)
Quote

“Oh, they did. Yes. I contacted the FBI regarding it.”

Dever says she contacted the FBI and describes an email exchange and legal-team response; she then says she has no FBI report documenting the alleged threat.

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Recross Kelly Dever Hank Brennan 2 highlights 17 lines spoken
Summary

On recross, Brennan asks Dever about the defense subpoena, the sequestration order, her friendship with Sarah Levinson, and her allegation that defense attorneys pressured her to repeat testimony she considered false.

Highlights (2)
Quote

“Yes, they wanted me to repeat a lie — at that point, given it would have been with malicious intent to repeat it.”

Dever escalates her characterization of the defense's conduct from pressure to demanding she knowingly commit perjury.

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Quote

“My entire job revolves around what I say on the stand right now. If I were to lie, I lose my job. I lose everything. I'm here to tell the truth. I cannot lie while sitting on this stand.”

Dever says she understood truthful testimony to be a condition of keeping her job.

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Recross Kelly Dever Hank Brennan 2 highlights 7 lines spoken
Summary

Brennan closes Dever's testimony by establishing she never told investigators that Higgins or Berkowitz tampered with evidence or framed anyone.

Highlights (2)
Quote

“I have no one to protect.”

Direct rebuttal to the defense implication from re-redirect that Dever's career incentives motivated her to shield fellow officers

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