Commonwealth v. Read — Trial ArchiveNicholas Kolokithas
Testimony Impact
Nicholas Kolokithas, a Canton attorney, knew John O'Keefe and Karen Read through their children's shared basketball activities. He was present at the Waterfall Bar & Grille on the night of January 28, 2022, and testified about who was there, the seating arrangements, O'Keefe's clothing and physical condition, the group's plans to go to 34 Fairview Road, and the weather conditions when the bar closed around midnight. His testimony spans direct, cross, redirect, and recross examination, covering both the prosecution's timeline of events and the defense's effort to establish the couple's loving relationship.
Notable Quotes From The Record
“He had a dark baseball cap, jeans, sneakers, and he had some type of top — a longer sleeve top.”
Describes O'Keefe's clothing at the bar — notably no winter coat, relevant to his vulnerability to cold exposure.
“I didn't observe any injuries.”
Confirms O'Keefe had no visible injuries at the Waterfall, establishing his physical condition before leaving for 34 Fairview.
“I believe it was mentioned — Brian Albert, the homeowner, had invited the group back to his house. I can't remember if it was 'come back to my house' or 'come back to 34 Fairview,' but that was his residence.”
Confirms Brian Albert's open invitation to the group to go to 34 Fairview Road, the location where O'Keefe was later found.
“It was very cold and it had just started to snow. I don't even think there was a dusting on the ground, or barely a dusting on the ground.”
Establishes snow accumulation timeline — barely started when bar closed around 12:10 AM, relevant to conditions when O'Keefe was found outside hours later.
“Not at all.”
Unequivocal denial of any tension between Read and O'Keefe, in response to whether he ever saw tension between the couple.
“Yes — great dad, he was — yep.”
Kolokithas relaying that Read was praising O'Keefe that evening, struck by the court but heard by the jury.
“They were affectionate toward each other — loving towards each other — to the point where my wife even made a comment: "Why — why are you not like that with me?"”
Eyewitness testimony that Read and O'Keefe appeared openly affectionate, directly countering any prosecution narrative of relationship conflict as motive.
“I honestly don't remember — what appears to be play-fighting. I don't remember that.”
Kolokithas acknowledges what appears to be roughhousing on the surveillance video between Albert and Higgins, even though he does not recall witnessing it.
“I do not recall that.”
Reaffirms he has no memory of the play-fighting highlighted during cross, reducing its evidentiary weight
“I don't know if I was necessarily looking at them or the other side of the table, but yes, I did observe myself laughing.”
Distances his laughter from the roughhousing, suggesting he may not have been watching it at all
“100%.”
Unequivocal confirmation that Read praised O'Keefe, reinforcing the defense's characterization of a loving relationship
Key Moments
- Kolokithas testified that snow had barely begun to accumulate when the group left the Waterfall around midnight, establishing the weather conditions at the time O'Keefe was last seen before being found frozen on the Albert lawn hours later.
- He confirmed that Brian Albert extended an open invitation to the group to come back to his house at 34 Fairview Road — the location where O'Keefe was later found — placing the social gathering in context and establishing who had reason to be there.
- Kolokithas described O'Keefe's clothing at the bar — a baseball cap, jeans, sneakers, and a long-sleeve top with no winter coat — and confirmed he observed no injuries on O'Keefe, establishing his physical condition when he left the bar.
- On cross-examination, Kolokithas testified that Read and O'Keefe were openly affectionate toward each other at the bar, noting that his wife had even remarked on it — testimony that directly countered any suggestion of relationship conflict as a motive.
- During recross, Jackson elicited from Kolokithas that Read had been heard praising O'Keefe that evening, describing him as a father figure for taking in his niece and nephew — though the comment was struck by the court, the jury had already heard it.