Person Kevin O'Hara Trial 1Trial 2MSP SERT Lieutenant Kevin O’Hara led the specialized evidence search at 34 Fairview Road on January 29, 2022, where the team recovered taillight fragments and a sneaker during blizzard conditions. ← All People
👮 Law Enforcement · MSP

Kevin O'Hara

Trial 1Trial 2
707 lines 7 proceedings 2 trials
Courtroom still of Kevin O'Hara.

About

Lt. Kevin O'Hara is a Massachusetts State Police Special Emergency Response Team officer who commanded the evidence search at 34 Fairview Road nearly ten hours after O'Keefe's body was discovered. His team recovered taillight pieces and a sneaker near the curb during blizzard conditions. In Trial 1, he described the sneaker as completely buried; in Trial 2, he said he did not study item depth and identified only a couple of taillight pieces as touching asphalt. O'Hara testified in both trials, with his account of the search conditions, approximate item proximity, and the absence of any follow-up search forming a contested part of the physical evidence record.

Key Points

  • O'Hara said a couple of taillight pieces were at ground level touching asphalt and that, once the search area was marked, no one moved forward of the team's line; he assessed the team might not have found everything and did not measure item depth or know the body's precise location.
  • In Trial 1, O'Hara described the sneaker as completely buried and said it was found only after the team began digging through the snow. He did not offer an opinion that its burial established when the sneaker was deposited.
  • On cross-examination in both trials, O'Hara acknowledged that the scene had been left unsecured and unguarded for approximately ten hours between 7:50 a.m. and the SERT team's arrival, and conceded he would have preferred the scene been secured.
  • O'Hara told the lead investigator, Trooper Proctor, at the conclusion of the search that there was 'a good chance we did not find everything' and offered to return — a follow-up that never occurred, which the defense highlighted in closing cross-examination.
  • In Trial 1, O'Hara said three taillight pieces were GPS-stamped, explaining that nearby plotted points would clutter the map and that GPS readings had a margin of error. In Trial 2, he described the items as approximately inches to feet apart by eye, rejected the suggestion that all were within one foot, and said his team did not measure exact inter-item distances. The roughly 60-foot figure described the marked search area, not a GPS-confirmed evidence cluster.

Trial Record (7)

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

Day 19

Direct Kevin O'Hara Adam Lally 3 highlights 153 lines spoken
Summary

O'Hara described SERT's blizzard search, recovery of taillight pieces and a sneaker, documentation, and limits on the search and GPS mapping.

Highlights (3)
Quote

“I told him there was a good chance we did not find everything and said, if you want us to come back in the daylight to give us better lighting to search or after a couple of days, the weather was supposed to warm up, if you wanted us to come back after there was some snow melt just to reach out to me and we would come back.”

O'Hara acknowledged the search might not have located every item and described possible follow-up searches.

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Key Moment

O'Hara described a grid search along the roadway at 34 Fairview Road, organized shoulder to shoulder and directed south toward the flagpole and fire hydrant.

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Cross Kevin O'Hara David Yannetti 4 highlights 203 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)
Quote

“No. Neither one of us were allowed to dispatch my team. We have to send up formal requests to get authorization to respond.”

O'Hara described the formal authorization requirement before SERT could deploy.

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Quote

“Best recollection, that they were close, within a foot. But, to be 100 percent accurate, you would have to measure between the two GPS points, which I have not done.”

O'Hara qualified his earlier description of the distance between recovered items.

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Quote

“I've never seen the evidence log from that night, sir. So I'm not sure exactly how many he recovered. Again, I was partaking in the search. So I'm not sure what the exact number is, sir.”

O'Hara said he could not give the exact number of plastic pieces recovered without the evidence log.

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Redirect Kevin O'Hara Adam Lally 1 highlights 13 lines spoken
Summary

O'Hara clarified SERT's records, cruiser GPS timing data, and the photographing—but not measuring—of recovered items.

Highlights (1)
Quote

“That would just be our day-to-day activities. We'll give a quick gist of what we're doing each day. It would be more general. It doesn't get too thorough.”

Clarifies the limited detail of the daily journal discussed on cross-examination.

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Trial 2 Retrial Apr 22, 2025 – Jun 18, 2025 4 proceedings

Day 10

Direct Kevin O'Hara Hank Brennan 4 highlights 133 lines spoken
Summary

Lt. Kevin O'Hara describes the SERT team's January 29, 2022 evidence search at 34 Fairview Road during a snowstorm, including recovery of taillight fragments and a sneaker.

Highlights (4)
Quote

“Couple of the pieces were found at ground level touching the asphalt.”

Records O'Hara's observation that a couple of taillight pieces were at ground level touching the asphalt.

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Quote

“That whole search area was fresh undisturbed snow as we moved through the area and no one moved past our line.”

Describes O'Hara's testimony about movement control and snow conditions within the marked search grid as the team moved through it.

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Quote

“I did provide that to Lieutenant Tully — told him there was a good chance we did not locate everything that evening and we offered to return at a later date or time at his request.”

O'Hara said he told Tully there was a good chance the team had not located everything that evening and offered to return at Tully's request; he separately testified that the SERT team did not go back.

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Cross Kevin O'Hara Alan Jackson 5 highlights 133 lines spoken
Summary

Defense attorney Alan Jackson cross-examines Lt. Kevin O'Hara about SERT activation, search methods, reference materials, and scene security at 34 Fairview Road. O'Hara said there was no police presence when SERT arrived; when Jackson asked how long the scene had been unsecured before then, O'Hara said he did not know.

Highlights (5)
Quote

“He asked if we were here for what happened earlier. We replied yes and he turned and went back inside the residence.”

An unidentified adult male from 34 Fairview Road had knowledge of the incident and made contact with the search team.

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Quote

“I believe I said within a few inches or a foot away. Yes, sir.”

All recovered evidence was clustered in a very small area, a point Jackson emphasized through prior testimony impeachment.

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Quote

“I asked him if he had a photograph that we could look at, just to see how large of a piece we were looking for, sir.”

The SERT team was searching for taillight pieces without ever seeing the damaged vehicle or a photograph of it.

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Quote

“Uh, there was no police presence on scene, sir.”

Records O'Hara's observation that there was no police presence when SERT arrived. When Jackson asked how long the scene had been unsecured before then, O'Hara said he did not know.

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Quote

“We've never been out for an evidence search in this specific type of conditions, but we have done missing person searches.”

Concession that this was the team's first evidence search in blizzard conditions, undercutting expertise on evidence recovery methodology.

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Redirect Kevin O'Hara Hank Brennan 4 highlights 58 lines spoken
Summary

ADA Brennan's redirect of Lt. O'Hara addressed cross-examination points about scene integrity, outside interference, and the completeness of the SERT evidence search at 34 Fairview Road.

Highlights (4)
Quote

“I told him there was a good chance we did not locate all the evidence. Asked him if he wanted us to come back at a later date.”

Establishes O'Hara proactively flagged the search as incomplete and offered follow-up, countering any suggestion SERT considered the job done.

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Quote

“The area we searched was fresh, undisturbed snow.”

O'Hara described the searched area as fresh, undisturbed snow when he arrived; this was his arrival observation, not a conclusion about pre-arrival access or when any item was deposited.

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Quote

“Only 99% of it, sir. As soon as we got to the grass and realized we couldn't clear it properly, my main focus was on that street, just again because I was concerned about the plow coming through at a later time.”

Explains the strategic decision to prioritize street over grass — evidence preservation before plowing, not laziness or incompleteness.

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Recross Kevin O'Hara Alan Jackson 14 lines spoken
Summary

On recross, Alan Jackson asked O'Hara about the SERT recovery count and search area, a black cap the team did not find, the already-disturbed snow in photographs, and what O'Hara had been told or knew about the vehicle's timing and location.

Locations Touched By This Testimony