Commonwealth v. Read — Trial ArchiveMichael Lank
Testimony Impact
Sergeant Michael Lank of the Canton Police Department was one of the first officers to respond to 34 Fairview Road on the morning John O'Keefe's body was discovered. His testimony covered his actions at the scene, the subsequent discovery of taillight plastic on February 4, 2022, and an extensive voir dire examination exploring his decades-long personal friendships with multiple Albert brothers. His connection to the Albert family — including a 2002 off-duty altercation involving Chris Albert, a federal lawsuit that was settled under NDA, and a separate investigation involving Tim Albert — became central to defense arguments about bias and investigative failure.
Challenges & Responses
What attorneys challenged during examination and how the witness responded.
Defense attorney Jackson challenged Lank on multiple fronts: his personal friendship with three Albert brothers since junior high, his role in the 2002 off-duty altercation (including competing accounts of who made threats), his arrest of the Lalo brothers on witness intimidation charges that the DA subsequently dismissed as meritless, and his failure to conduct a DUI investigation after Tim Albert's hit-and-run. Lank acknowledged the NDA on the federal lawsuit settlement and conceded investigative gaps while attributing some failures to other officers.
Notable Quotes From The Record
“Chris actually approached my vehicle and started to describe an altercation that he had been in previously in the night.”
Establishes that Lank's involvement in the 2002 incident originated from his friendship with Chris Albert.
“I did sign a non-disclosure, so I'm not sure if I can speak on that.”
Lank confirmed that the federal civil case was settled and that he had signed a nondisclosure agreement.
“I was involved in an investigation where we had to take out charges against Tim Albert.”
Prosecution's key rehabilitation point — Lank has used his authority against the Albert family, undercutting the defense narrative that he protects them.
“No.”
Lank's denial of ever being inside Brian Albert's house — relevant because 34 Fairview Road is the location where John O'Keefe was last seen alive.
“That's correct.”
Lank's confirmation that his Albert family connections had no bearing on his conduct in the January 29, 2022 investigation.
“Correct. Again, I — I can't recall what Officer Goode did, but I was there.”
Lank agreed that no full DUI investigation was undertaken, while qualifying that he could not recall what Officer Goode did.
“Sergeant Goode stated that there was a gentleman found in the snow at 34 Fairview Road, and he was in very grave condition, and he brought it to my attention that he was also a Boston police officer.”
Describes the initial notification that brought Lank to the scene.
“So at that point in time, Trooper Proctor informed me that they would not be responding.”
Documents that State Police CPAC initially declined to respond to the scene despite being notified of a likely fatal incident.
“Ultimately we were able to see what appeared to be blood drops in the snow, as well as a drinking glass, cocktail glass.”
Describes the physical evidence found at the scene after using the leaf blower to clear snow.
“Chief Berkowitz brought my attention to a piece of red plastic that was about 6 to 8 feet into the yard.”
Documents the discovery of taillight plastic six days later in the same area where O'Keefe was found.
“I came to the aid of a citizen who was terrified and scared for him and his family on that night, who happened to be — what — excuse me — who happened to be Chris Albert.”
Lank described his response to the 2002 incident as aid to a frightened citizen and identified that citizen as Chris Albert.
“I stated that he had some trauma to his head, and I said I don't know if he has been in a fight, and then I believe I described it as — I don't remember my exact terminology, but it was a crazy scene, chaotic scene possibly.”
Lank acknowledged telling dispatch that he did not know whether John O'Keefe had been in a fight; Jackson used that statement in questioning Lank's decision not to search beyond the foyer.
“I wouldn't fill out an affidavit for a search warrant because there wouldn't be probable cause.”
Lank said he would not seek a warrant because he believed there was no probable cause; Jackson challenged that investigative decision during cross-examination.
“It looks like an evidence bag — it just doesn't say Canton police on it. It says Stop and Shop.”
When shown a photograph of a Stop and Shop bag, Lank said it looked like an evidence bag but could not determine from the photographs whether it was fully labeled or sealed; the visible side lacked a label and property number.
“I got out of my truck, approached the group, and pleaded with them. I said, 'Guys, not tonight. He's by himself. He's with his wife — excuse me, girlfriend. There's not going to be a fight tonight.' And I did my best to diffuse the situation.”
Lank frames himself as a de-escalator in the 2002 incident, countering the defense narrative that he was an aggressor protecting Chris Albert.
“Absolutely nothing.”
Lank's flat denial that the 2002 Albert incident had any relevance to his conduct during the January 29, 2022 investigation.
“No, everything looked to be in order.”
Lank affirms the house interior appeared normal on all three entries, supporting the prosecution's position that no search warrant was necessary.
“No. It was me protecting someone who asked for my help, who was clearly in fear, who happened to be an Albert.”
Lank's attempt to distance the incident from any Albert family loyalty, but the phrasing acknowledges the Albert connection.
Key Moments
- During three rounds of voir dire before his substantive testimony, defense attorney Jackson methodically laid out Lank's personal history with the Albert family: a childhood friendship with Chris Albert, a 2002 off-duty altercation at Center Fields parking lot where Lank came to Chris Albert's aid, a subsequent federal lawsuit that Lank acknowledged was settled under a non-disclosure agreement, and witness intimidation charges against the Lalo brothers that the DA's office later dismissed as meritless.
- Jackson's voir dire questioning also surfaced a separate incident involving Tim Albert — a hit-and-run where Lank acknowledged no DUI investigation was undertaken, with Lank deflecting responsibility to another officer while conceding the investigation was inadequate.
- On direct examination, Lank testified about his response to 34 Fairview Road on January 29, 2022 and the discovery of taillight plastic on February 4 — physical evidence central to the prosecution's theory that Read's vehicle struck O'Keefe.
- On cross-examination, Jackson confronted Lank with his own words to CPAC dispatch — describing O'Keefe as possibly having 'been in a fight or whatever' — then highlighted that despite acknowledging electronic devices as 'critical items of evidence,' Lank never sought to secure them from the scene.
- The prosecution's rehabilitation on voir dire emphasized that Lank had in fact taken out criminal charges against Tim Albert, offering this as evidence that his Albert family ties did not translate into blanket protection — a direct counter to the defense's pattern-of-favoritism argument.