A. Evening

~8:00p The early evening before Read and O'Keefe went out

On the evening of January 28, John O'Keefe and Michael Camerano celebrated the girls' school acceptances at O'Keefe's house, where Camerano's daughter and O'Keefe's niece stayed, before heading to C.F. McCarthy's around 8 p.m. to meet Karen Read. Separately, members of the Albert and McCabe families gathered at the Waterfall bar ahead of Brian Albert Jr.'s birthday, with Brian Albert and Brian Higgins arriving later.

🗣️ Michael Camerano Witness

Explained that he and O'Keefe brought their daughters together that Friday because both girls had received school acceptance letters.

That Friday, my daughter and his daughter, they got acceptance letters to school. So we wanted to get them together so they could enjoy the time together Trial 2 · Day 3 · Direct examination
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Recounted dropping his daughter at O'Keefe's house and joining O'Keefe and the girls there for a small celebration before going out. I dropped my daughter off at John's. I went into John's. I was at the house with John and the girls and we had a little celebration. Trial 2 · Day 3 · Direct examination Stated that O'Keefe rode in his car and the two left the house together for McCarthy's. No, we left together. John got in my car and we were leaving. Trial 2 · Day 3 · Direct examination Confirmed that the girls remained at O'Keefe's house, where they were staying, when he and O'Keefe left for the bar. The girls were in the house. They were staying at John's house. Yes, correct. Trial 2 · Day 3 · Direct examination Said cars were moved so that Karen Read could pull into the driveway and garage, indicating she was expected at the house. QAnd why was that again? ASo Karen could pull in the driveway, in the garage. Trial 1 · Day 7 · Direct examination Named O'Keefe and niece Kaye as the people present when he arrived at O'Keefe's house early that evening. QAnd when you got in there, who, if anyone, was at the house at that time? AKaye and John. Trial 1 · Day 7 · Direct examination Said that after the gathering at the house, the group went to C.F. McCarthy's. We went down to McCarthy's. Trial 1 · Day 7 · Direct examination Confirmed that Karen Read was not present at the early-evening celebration at O'Keefe's house. QDuring that celebration, was there anybody there other than you, John, and your two daughters? ANo. Karen was not there. Trial 2 · Day 3 · Direct examination Said the plan in leaving for McCarthy's was to meet Karen Read there. We were supposed to meet Karen. Trial 1 · Day 7 · Direct examination
🗣️ Nicole Albert Witness

Said her sister-in-law Julie picked her up at her home around 7:30 to 7:45 and they drove to the Waterfall.

My sister-in-law Julie picked me up at my house maybe 7:30, quarter of 8, and we went to the Waterfall Trial 1 · Day 9 · Direct examination
🗣️ Kerry Roberts Witness

Confirmed her husband Curt went out with O'Keefe that evening.

QDid he go out that night? AHe did. He went out with John. Trial 2 · Day 1 · Direct examination
🗣️ Brian Albert Jr Witness

Said the 28th was the day before his birthday and that he had a few friends over at the house while the rest of the family went out.

the 28th was the day before my birthday, obviously. So I had, um, a few friends over for my — from my birthday. Trial 1 · Day 10 · Direct examination

~9:45p Read and O'Keefe at C.F. McCarthy's

John O'Keefe and Michael Camerano arrived at C.F. McCarthy's, a bar in the center of Canton, in the early evening, and Karen Read and Curt Roberts joined them there. Witnesses described an unremarkable scene of friends having a few drinks, with no arguing or anything that stood out.

🗣️ Michael Camerano Witness

Estimated Read arrived within about an hour after he and O'Keefe got to the bar, while acknowledging he was not certain.

I would like to say within an hour or so. Not 100% sure. Trial 2 · Day 3 · Direct examination
+13 more from Camerano
Recalled speaking only briefly with Read, who spent most of the time talking with O'Keefe. Uh, I talked briefly to her and her and John were mostly talking. Trial 2 · Day 3 · Direct examination Testified that he and O'Keefe went to McCarthy's, establishing the trip to the bar. We went down to McCarthy's. Trial 1 · Day 7 · Direct examination Testified that the plan was to meet Read at the bar. We were supposed to meet Karen. Trial 1 · Day 7 · Direct examination Testified that he and O'Keefe went to C.F. McCarthy's. We went to C.F. McCarthy's. Trial 2 · Day 3 · Direct examination Estimated the group spent a couple of hours at McCarthy's. QHow long were you there for? AUh, a couple hours. Trial 2 · Day 3 · Direct examination Confirmed the mood at the bar was celebratory. QYou said back home it was a celebratory mood. Was it still a celebratory mood at McCarthy's? AYes. Trial 2 · Day 3 · Direct examination Identified Curt Roberts as joining the group at McCarthy's. QUm, thank you. Now, at some point after you arrived at CF McCarthy's, who if anyone else sort of joins your group? ACurt. Trial 1 · Day 7 · Direct examination Confirmed that Curt Roberts arrived at the bar after he and O'Keefe. QAnd following that text, did Mr. Roberts uh eventually arrive at CF McCarthy's? AHe showed up. Yes. Trial 1 · Day 7 · Direct examination Confirmed there were no arguments or fighting at the bar. QSo no arguments, no fighting, anything like that? ANo. Trial 1 · Day 7 · Direct examination Confirmed on cross-examination that Read and O'Keefe greeted each other affectionately when she arrived. QAnd when Karen arrived, there was an affectionate greeting between John and Karen, right? AYes. Trial 2 · Day 3 · Cross-examination Described on cross-examination that Read and O'Keefe kissed when she entered the bar. They kissed. Trial 1 · Day 7 · Cross-examination Confirmed there was no arguing or bickering between Read and O'Keefe at the bar. QYou didn't observe — while you were at C.F. McCarthy's with them — you didn't observe any arguing or bickering between the two of them? ANo. Trial 1 · Day 7 · Cross-examination Recalled no apparent tension between Read and O'Keefe at the bar. QThere didn't seem to be any tension between them at C.F. McCarthy's, is that right? ANot that I recall. Trial 1 · Day 7 · Cross-examination
👮 Yuri Bukhenik Law Enforcement

Relayed Read's statement that she met O'Keefe at McCarthy's at approximately 9:00 p.m.

he proceeded to C.F. McCarthy's in Canton, uh where uh the defendant stated that she met him approximately at 9:00 p.m. Trial 2 · Day 12 · Direct examination
+7 more from Bukhenik
Relayed Read's statement that she met O'Keefe at McCarthy's at approximately 9:00 p.m. on the night of January 28, 2022. She went on to say that she met Mr. O'Keefe at C.F. McCarthy's approximately 9:00 p.m. the night of the 28th of January 2022. Trial 1 · Day 20 · Direct examination Explained that the bar's surveillance video chronicled events at McCarthy's and was timestamped twelve minutes behind actual time. a chronological depiction of events that took place at C.F. McCarthy's. This is surveillance video from one of their cameras within the bar. It should be noted that the video is timestamped 12 minutes behind actual time. Trial 2 · Day 12 · Direct examination Relayed Read's statement that O'Keefe was with Camerano and Curt Roberts. She indicated that Mr. O'Keefe was with Mr. Camerano and Curt Roberts Trial 1 · Day 20 · Direct examination Identified Camerano and Sullivan among the group depicted in a still from the McCarthy's surveillance footage. Mr. Camerano is over here as well. Mr. Sullivan is down here as well. Trial 1 · Day 20 · Direct examination Narrated the surveillance footage, describing two men walking in through the front door toward the taps area. the two gentlemen walking in — they walked in through the front door heading to the taps area Trial 1 · Day 20 · Direct examination Identified O'Keefe and Camerano entering McCarthy's on the surveillance footage. that is the victim Mr. John O'Keefe dressed in the same outfit as before, and Mr. Camerano. Trial 1 · Day 20 · Direct examination Identified Read walking in and interacting with O'Keefe on the McCarthy's surveillance video. I recognize the defendant walking in and interacting with the victim Mr. John O'Keefe. Trial 1 · Day 20 · Direct examination
🗣️ Curt Roberts Witness

Testified that O'Keefe and Camerano were at McCarthy's and asked him to come up to join them.

they were at McCarthy's, the bar in Canton Center, and they wanted me to come up Trial 1 · Day 7 · Direct examination
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🏛️ Hank Brennan Prosecution

Said jurors would see surveillance video of the group, including the defendant, drinking alcohol together at McCarthy's.

They go to McCarthy's and you'll see a video of McCarthy's and you will watch friends and the defendant drinking alcohol Trial 2 · Day 1 · Opening statement
🏛️ Adam Lally Prosecution

Stated that the group, including Read and O'Keefe, was all present together at C.F. McCarthy's.

they were all present with the defendant and Mr. O'Keefe at C.F. McCarthy's Trial 1 · Day 1 · Opening statement
🛡️ Alan Jackson Defense

Said the evening began at C.F. McCarthy's, described as a local bar where the friends gathered for drinks.

They started at a local watering hole called C.F. McCarthy's. Trial 2 · Day 1 · Opening statement
🗣️ Gene Demilus Witness

Identified himself as the general manager of C.F. McCarthy's in Canton, establishing foundation for the bar's surveillance footage.

My name is Gene Demilus. I am the general manager at C.F. McCarthy's in Canton. Trial 2 · Day 3 · Direct examination
🛡️ David Yannetti Defense

Suggested on cross-examination that Read arrived at McCarthy's around 8:30 p.m., though the witness's answer was hedged.

QAnd she did show up to McCarthy's at about 8:30 p.m. or so? AIf — yes, I guess, if that's the time. Trial 2 · Day 3 · Cross-examination · Michael Camerano
🗣️ Matthew McCabe Witness

Testified that O'Keefe told him he and Read had come from C.F. McCarthy's, across the street.

John had said they came from across the street, from C.F. McCarthy's. Trial 1 · Day 13 · Direct examination

~10:55p The group moves to the Waterfall bar

As the night went on, members of the Albert family and the McCabes gathered at the Waterfall Bar and Grille in Canton, with the family's dinner group arriving first in the evening. Brian Albert and Brian Higgins joined later, by most accounts roughly a half hour apart, though the witnesses' time estimates differed, and O'Keefe and Read came in around 11:00.

🏛️ Adam Lally Prosecution

In opening, the prosecution stated that Brian Albert Jr. remained at the 34 Fairview house while the rest of the family was out at the Waterfall.

So he had been back at the house at 34 Fairview while his family was out at the Waterfall. Trial 1 · Day 1 · Opening statement
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On direct, the prosecution asked Brian Higgins what time he arrived at the Waterfall. QAnd if you know, about what time was it that you got to the Waterfall? AAgain, it was dark. It could — it could have been around — now in the area — 9:00. Trial 1 · Day 17 · Direct examination · Brian Higgins On direct, the prosecution asked where within the Waterfall the witness went upon arriving. QWhen you get to the Waterfall, where within the establishment did you go? AWe came in, walked in — I believe to the left there were just some small tables, and I think Caitlyn and Tristin were already sitting there, so we sat down at the table and we ordered food and just hung out for a little bit, had food and some drinks. Trial 1 · Day 9 · Direct examination · Nicole Albert On direct, the prosecution asked her to confirm that Brian Albert and Brian Higgins arrived separately, about half an hour apart. QSo your husband Brian and Brian Higgins came in separately, about a half hour apart? AI think so, yes. Trial 1 · Day 9 · Direct examination · Nicole Albert On direct, the prosecution asked what time she arrived at the Waterfall. QAnd do you recall about what time it was that you got to the Waterfall? AApproximately 9:00. Trial 1 · Day 14 · Direct examination · Jennifer McCabe On direct, the prosecution asked her to confirm that her husband Christopher came over to the Waterfall around 9:30. QSo it's sometime around 9:30 or so your husband Christopher comes over to the Waterfall? AYes. Trial 1 · Day 8 · Direct examination · Julie Albert On direct, the prosecution asked her when Brian Albert and Brian Higgins arrived relative to her husband Christopher. QAnd do you know when they arrived in relation to when your husband Christopher arrived? AI don't — I don't — I don't recall. Trial 1 · Day 8 · Direct examination · Julie Albert On direct, the prosecution asked the witness where he and his wife parked when they arrived at the Waterfall. QWhen you arrive at the waterfall — you and your wife — do you recall where it was that you parked AYes. If you're looking at the front door of the waterfall, we were parked in the parking lot down to the left. Trial 1 · Day 13 · Direct examination · Matthew McCabe On direct, the prosecution asked him to confirm that he drove from the Hillside to the Waterfall to join his family. QAnd so you drove then from the Hillside to the Waterfall? AYes. Trial 1 · Day 9 · Direct examination · Brian Albert On direct, the prosecution asked what time she arrived at the Waterfall. Qdo you recall about what time it was that you got to the Waterfall? AUnfortunately, I can't remember an exact time, but it would have been around like dinnertime. So if I had to guess, maybe like 6. Trial 1 · Day 10 · Direct examination · Caitlin Albert
🗣️ Jennifer McCabe Witness

She testified that she and her husband dropped their youngest daughter home and then went to meet her sister Nicole at the Waterfall.

My husband and I dropped my youngest daughter home, and then we proceeded to meet my sister at the Waterfall. Trial 1 · Day 14 · Direct examination
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🗣️ Brian Albert Witness

He testified that his wife Nicole told him she and a few people were at another location in Canton and invited him to come by.

she had let me know that her and a few people were at another location in Canton. She had asked if I wanted to come by and see them. Trial 1 · Day 9 · Direct examination
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🗣️ Caitlin Albert Witness

She testified that she and her boyfriend Tristin Morris went straight from Easton to the Waterfall, arriving before her mother and aunt Julie.

my boyfriend Tristin and I went straight from Easton to the Waterfall and actually got there before my mom and my Aunt Julie Trial 1 · Day 10 · Direct examination

B. The Waterfall

~9:00p–12:20a Read's drinking and the disputed drink count

How much Karen Read drank before leaving the bars that night was contested. Prosecutors, relying on Trooper Yuri Bukhenik's frame-by-frame video tally, put her at as many as nine drinks and offered expert blood-alcohol estimates ranging from 0.135 to 0.292. In her own recorded statement, played by the prosecution, Read put her intake at about four to six drinks. The defense attacked the video tally as an unreliable sip count, argued there was no evidence of when she had her last drink, and noted several partygoers said she did not seem drunk.

👮 Yuri Bukhenik Law Enforcement

A frame-by-frame review of bar surveillance video counted nine drinks consumed between arrival at C.F. McCarthy's and departure from the Waterfall.

The video shows nine drinks being consumed by the defendant, and that's between when she arrives at C.F. McCarthy's until the time she leaves the Waterfall. Trial 1 · Day 21 · Direct examination
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Recounting Read's interview, an investigator said she stated she did not think she carried a beverage from C.F. McCarthy's to the Waterfall. the defendant was asked if she brought a beverage with her from C.F. McCarthy's to the Waterfall uh establishment, to which she stated she didn't think so. Trial 2 · Day 12 · Direct examination Recounting Read's interview, an investigator said she stated she did not leave C.F. McCarthy's carrying a beverage or container. she was asked if she left C.F. McCarthy's with a beverage or a container from that establishment, to which she stated that she did not. Trial 1 · Day 20 · Direct examination Narrating the surveillance video, an investigator described a shot being poured into a new cocktail glass and counted it as the fourth drink. the bartender hands over another cocktail glass and some beers. The shot goes into the empty one after it's poured into the new cocktail glass. So that's drink number four. Trial 2 · Day 12 · Direct examination Narrating the surveillance video, an investigator said the running drink count had reached five. QSo we're moving to 10:37. What is the drink count at 10:34? AThat is five drinks at that point. Trial 2 · Day 12 · Direct examination Narrating the surveillance video, an investigator said Read kept sipping the final drink and the two left the bar without setting it down. the defendant is holding the drink in her left hand, continues to sip on it. And the two walk out of the bar without the beverage in their hand being deposited anywhere. Trial 2 · Day 12 · Direct examination Narrating the surveillance video, an investigator said the running drink count at C.F. McCarthy's had reached six. Six drinks. Trial 1 · Day 20 · Direct examination
🗣️ Brian Albert Witness

A partygoer said that, despite limited interaction, Read and O'Keefe did not appear drunk to him that night.

I didn't have a ton of interaction with John or Karen that night, so I can't really say, but it didn't appear that they were drunk. Trial 1 · Day 10 · Cross-examination
🗣️ Nicole Albert Witness

Asked whether she observed Read showing signs of intoxication, a witness said she did not, while noting she never spoke with her.

I did not, but again, I never engaged in any sort of conversation with her. Trial 1 · Day 9 · Cross-examination
🗣️ Matthew McCabe Witness

A witness said he saw Read drinking a clear liquid he assumed was a vodka soda, without confirming its contents.

She was drinking a clear liquid. I just assumed it was a vodka soda or something. Trial 1 · Day 13 · Direct examination

C. Party ending

~12:12a Departures from the Waterfall

As the night at the Waterfall Bar wound down, the group dispersed in stages. Witnesses placed Brian Albert, his wife Nicole, daughter Caitlin, and Brian Higgins among the first to go, with O'Keefe and Read walking out together near the end. Surveillance video timestamped O'Keefe exiting around 12:11 a.m. holding a cocktail glass, and Read's Lexus started up outside the bar at 12:12:36.

🗣️ Jennifer McCabe Witness

She testified that she walked out of the Waterfall with Read and believed Karina Kolokithas left with them as well.

I believe I walked out with Karen. I know I walked out with Karen, and I believe Ms. Kolokithas as well. Trial 1 · Day 14 · Direct examination
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👮 Yuri Bukhenik Law Enforcement

On cross-examination, he could not identify a person standing behind O'Keefe in the footage and would not confirm that the others had already left.

There's someone standing across the table from Mr. O'Keefe to his rear. I don't know who that is, so I can't testify that the others have left. Trial 2 · Day 13 · Cross-examination
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He confirmed that the group seen leaving the Waterfall, including Brian Albert and Higgins, was heading to 34 Fairview Road. QOkay, we can have the lights up and take that down. I want to change gears for a second. Let me ask one more series of questions if I could. Sergeant, what we've just seen was ...literally Brian Albert, Brian Higgins, uh, leaving Waterfall to go to a different location. What was the location they were headed to? ABased on your investigation, they were heading to 34 Fairview Road. Trial 2 · Day 13 · Cross-examination He fixed O'Keefe leaving the Waterfall at 12:11 a.m. on time-accurate surveillance, holding a short cocktail glass and seen on the exterior camera walking toward Washington Street. Interior, him leaving at 12:11 a.m., which the time stamp on the surveillance video at the Waterfall was accurate to real time. He is holding a beverage — shorter cocktail glass — in his right hand as he exits the establishment. He's seen on the exterior camera walking towards Washington Street. Trial 1 · Day 20 · Direct examination He authenticated surveillance stills showing O'Keefe walking out of the Waterfall at 12:11 a.m. QAnd what do you recognize that to be? AThat is the still shots presented to me and entered into the exhibit of Mr. O'Keefe walking out of the Waterfall Bar & Grille at 12:11 a.m. Trial 1 · Day 20 · Direct examination He confirmed the Waterfall video's timestamp was accurate to real time with no discrepancy, supporting the 12:11 a.m. figure. QNow, sir, with reference to the Waterfall — in regard to the time stamp on that surveillance video, what if anything were you told as far as the accuracy of that time stamp when you retrieved that video? AThat video was confirmed to be accurate in time, as in real time — no discrepancy. Trial 1 · Day 20 · Direct examination
🏛️ Adam Lally Prosecution

In closing, the prosecution placed Read's departure from the Waterfall at approximately 12:10 a.m., with McCabe and one other woman.

12:10 a.m. — from the Waterfall video you have Miss McCabe, Miss Proctor, and the defendant departing the Waterfall together. Trial 1 · Day 31 · Closing argument
🔬 Nicholas Guarino Expert Witness

Phone location data placed O'Keefe's phone at the Waterfall at 12:12 a.m., followed by a seven-minute gap before it registered near Dedham Street and Cedarcrest Road at 12:19.

So as I said, 12:12 it's at the Waterfall Bar. Then there's a 7-minute break in location data. When the phone comes back up with location data at 12:19, as I said he's by Dedham Street and Cedarcrest Road Trial 1 · Day 28 · Direct examination
🗣️ Nicole Albert Witness

She described preparing to leave as the band wrapped up, mentioning to her sister that Brian Jr. was at the house, context for the group's move to the after-party.

After the band wrapped up, I was getting ready to leave and I just kind of leaned over to my sister Jennifer and said, hey, you know, Brian Jr.'s at the house Trial 1 · Day 9 · Direct examination

D. The drive

~12:14a Jennifer McCabe's 44-second call to O'Keefe

As the group drove out of the Waterfall around 12:14 a.m., John O'Keefe texted Jennifer McCabe asking where to go, and she called him back, a 44-second call in which she gave directions toward the after-party. The defense argued that call and others were later deleted from her phone before she turned it in; McCabe testified she deleted nothing, and a forensic expert attributed the missing entries to the phone's automatic 200-call rolling overwrite.

🛡️ Alan Jackson Defense

Cellebrite records showed McCabe placed the 12:14 call to O'Keefe and that it was answered.

QAt 12:14, it shows that you called John O'Keefe and that call was answered, is that right? AYes, correct. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe
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🔬 Jessica Hyde Expert Witness

The phone stored only the most recent 200 calls, automatically deleting the oldest entry each time a new call arrived.

each time a 201st call comes in, the 200th call gets deleted. So it's constantly just the last 200 calls. Trial 2 · Day 11 · Direct examination
🔬 Nicholas Guarino Expert Witness

Repeated another analyst's finding that 18 phone calls from the morning after were shown as deleted, then offered an alternative technical explanation.

he stated that McCabe deleted 18 phone calls from the morning after John O'Keefe's body was found. Trial 1 · Day 26 · Direct examination

~12:22a A vehicle resembling Read's SUV on Washington Street

Investigators introduced surveillance video showing a large black SUV traveling north on Washington Street, past Temple Beth Abraham, in the early morning hours. Testimony described the vehicle as similar to or consistent with Read's SUV rather than a confirmed match, placing a vehicle resembling hers near the route that night. The cited passes carry their own tension: the library camera was placed at about 12:15 a.m. and the temple camera at 12:27:56, minutes after other records put O'Keefe's phone already parked outside 34 Fairview.

🏛️ Adam Lally Prosecution

Foundation testimony established that troopers retrieved surveillance footage from several locations, asking about the time frames captured at each.

Qwhat time frames of video did they retrieve from each of those respective locations? AFrom 12:00 a.m. midnight to 1:00 a.m., and from 5:00 a.m. to 6:00 a.m. Trial 1 · Day 24 · Direct examination · Brian Tully
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~12:24a O'Keefe's phone searches for 34 Fairview on Waze

As the SUV neared the house, John O'Keefe's phone opened the Waze navigation app and a search for 34 Fairview Road was entered around 12:19 a.m. Forensic analysts traced the resulting GPS pings as the vehicle passed the street, overshot onto Cedarcrest Road, turned around, and arrived outside the house just after 12:24 a.m.

🔬 Nicholas Guarino Expert Witness

Placed the vehicle near 138 D Street, having already passed Cedarcrest Road, at the time of the Waze search.

The vehicle — or whatever they're in — is by 138 D Street. They had already passed Cedarcrest Road. Trial 1 · Day 28 · Direct examination
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🔬 Ian Whiffin Expert Witness

Explained that the recorded location data could result from user interaction with an app such as Waze or from background activity.

That could be through user interaction with the device using something like Waze. It could be background activity Trial 2 · Day 5 · Direct examination
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🛡️ David Yannetti Defense

On cross-examination, summarized the conclusion that O'Keefe could not have been at 34 Fairview at 12:22:14 because Waze placed him on Oakdale Road about half a mile away.

QYour conclusion was that John O'Keefe could not have been at 34 Fairview Road at 12:22 and 14 seconds because Waze put him on Oakdale Road about a half mile away, correct? A12 — yes, correct. Trial 1 · Day 28 · Cross-examination · Nicholas Guarino

~12:25a O'Keefe's phone records steps and elevation changes

Apple Health data on John O'Keefe's iPhone logged two disputed bursts of activity. Between about 12:21 and 12:24 a.m. it recorded roughly 80 steps and three floor-changes, which the defense read as O'Keefe entering 34 Fairview and heading down to the basement; prosecution experts, cross-referencing GPS that placed the phone in the moving car over half a mile away, said those readings can come from a phone jostled in a vehicle. A separate 36-step, 20-second burst at 12:31:56 a.m., after arrival at Fairview, drew a different dispute: the defense tied it to O'Keefe walking toward or into the house, while the prosecution argued the data shows neither direction nor entry.

🔬 Ian Whiffin Expert Witness

Explained that Apple Health uses device sensors to detect motion resembling walking and tracks altitude to register climbing a flight of stairs.

It monitors activity on the device such as steps taken, using various sensors inside the device, looking for motion which appears to be walking. It monitors altitude, so it knows whether you've gone up a flight of stairs Trial 2 · Day 5 · Direct examination
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Testified that Apple logs a flight climbed for a 3-meter incline over 16 steps, so the reading need not mean stairs, as a steep hill or escalator would qualify. A flight climbed, according to Apple, is essentially an incline of 3 meters over 16 steps taken. So it wouldn't really matter whether it was walking up a flight of stairs, walking up a steep inclined hill, on an escalator Trial 2 · Day 5 · Direct examination Testified that holding a phone while driving up a hill could register both steps and a flight climbed, from vehicle suspension and arm movement. if I was actually holding the phone while driving at the same time, then the natural suspension of the vehicle plus the movement of my arm would be considered enough to be steps. And if that motion happened while I was driving up a hill, it would also result in a flight climb event Trial 2 · Day 5 · Direct examination Testified that the 80 steps and three flight-climb events between 12:21 and 12:24 coincided with location data placing the device in a vehicle. at 12:21:10 until 12:24:22 there are 80 steps recorded. And again if you compare this to the location data, we know that the device was in a vehicle at this time. Between 12:22:14 and 12:24:37, we have three flight climb events Trial 2 · Day 5 · Direct examination Opined it was more likely the device was in a vehicle traveling up a road incline than that the location data was wrong and the person was climbing stairs. I believe it is more likely that the device was in a vehicle traveling on a road going up an incline versus the location data being incorrect and the person walking up physical stairs Trial 2 · Day 5 · Direct examination Testified that no further movement was logged after the 36 steps and that battery temperature never rose, which would be expected had the phone gone indoors. There's no further health data other than 36 steps that were taken that suggest it moved after 32 minutes and 16 seconds after midnight. The battery temperature data never indicates that the device went from a cold environment to a warm environment, which I would expect to see if the device went inside a building Trial 2 · Day 5 · Direct examination Agreed that the 84-foot, 36-step event would put those steps within the house. QSo, if the distance from the flagpole to the front of the house is 72 feet and your report notes 36 steps covering a distance of 84 feet, that would put those steps within the house. ACorrect. It would. Trial 2 · Day 6 · Cross-examination On redirect, testified that the health data showed no movement before 12:31:56. Q? Is there any movement indicated on the health data? ANot from the health data. No. Trial 2 · Day 6 · Redirect examination
🛡️ Alan Jackson Defense

In closing, argued that 80 recorded steps followed by descending flights of stairs showed O'Keefe walking into the house and going to the basement.

walks into the house, goes directly to the basement, there's your 80 steps and you're descending flights of stairs Trial 1 · Day 31 · Closing argument
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In closing, argued the steps taken at a steady rate covering about 83 feet pointed westward, directly toward the house and the garage door 78 feet away. Ian Whiffin, John O'Keefe took 31 steps at a steady rate about 83 feet. And then think about this in a westerly direction. That would be right toward the house. Remember, it's 78 ft to that garage door Trial 2 · Day 33 · Closing argument At sidebar, argued that 36 westward steps over about 84 feet, from Fairview Road toward the house, was consistent with O'Keefe entering the residence. John O'Keefe would keep walking in a westerly direction, which would be from Fairview Road to the house, taking approximately 36 steps over a distance of 25.4 meters, which is approximately 84 feet. That is consistent with him entering the house Trial 2 · Day 29 · Proceedings On cross, introduced the 36-step, 83-foot event at 12:32:16 as a hypothetical timing anchor and asked whether it would change the witness's analysis. Qanother interaction — a phone event — on John O'Keefe's phone at 12:32:16, in the form of steps taken, 36 steps over the course of 83 feet, would that change your analysis AObjection. Trial 2 · Day 24 · Redirect examination · Matthew DiSogra On cross, argued that the 36-step, 84-foot data placed O'Keefe inside the residence at 12:32:16 and that police never investigated it. QTrooper Guarino had information that John O'Keefe took 36 steps covering a distance of some 84 ft. That would have placed Mr. O'Keefe inside the residence at 12:32:16 AObjection. Trial 2 · Day 14 · Recross-examination · Yuri Bukhenik
🏛️ Hank Brennan Prosecution

In opening, characterized health data as registering movement, not necessarily literal steps, and as showing neither direction nor distance traveled.

Healthcare data will show when somebody is moving. Sometimes it's qualified as steps, but it doesn't necessarily mean somebody's stepping — moving their arms, walking, turning. It doesn't show what direction or how far, but it shows movement of a person Trial 2 · Day 1 · Opening statement
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🔬 Nicholas Guarino Expert Witness

Read the raw health-data windows aloud, including 80 steps and three ascending or descending floors logged between roughly 12:21 and 12:32 a.m.

it shows that he's taking 170 steps, going 99.6 meters or 326 feet. At — sorry — at 12:21 and 10 seconds to 12:24 and 22 seconds, it shows 80 steps and 87.74 meters or 287 feet. At 12:21 and 14 seconds to 12:24 and 37 seconds, it states ascending/descending three floors. And then at 12:31:56 Trial 1 · Day 28 · Direct examination
+4 more from Guarino
Testified that the step counter is essentially a pedometer registering phone movement, so even waving the device could log steps without the person walking. it's basically a pedometer, so the movement of the phone, the distance traveled — it's going to register steps. You don't have to physically be walking and moving the phone for it to register movement. Just waving it around could potentially cause it to think you're walking Trial 1 · Day 28 · Direct examination Placed the phone at the Maple Croft and Pine Cone Road intersection, away from 34 Fairview, during the floors-and-steps event. QAnd at that point in time, cross-referencing that health data with the GPS location, where physically is Mr. O'Keefe's phone at that particular time frame? AMaple Croft by Pine Cone Road, right at that intersection. Trial 1 · Day 28 · Direct examination On redirect, testified the phone registers movement rather than confirmed steps, and that a paired Apple Watch would yield greater accuracy. the phone is seeing movement. It doesn't necessarily mean you're taking steps. If you have the Apple Watch paired to it, you're going to get a greater level of accuracy Trial 1 · Day 28 · Redirect examination Stated the phone was over half a mile from the house at the moment the ascending-and-descending-floors event was recorded. QSir, again, if I could ask you — from Mr. O'Keefe's health data, as far as his specific physical location at the time that it indicates ascending and descending, how far away from 34 Fairview Road was it when it registered that? AIt's over a half mile away. Trial 1 · Day 28 · Direct examination
🛡️ Robert Alessi Defense

Read from Whiffin's report that the device appeared to begin moving toward the house, while noting the bearing was derived from location records rather than the phone's facing.

Qfrom the combination of device location and bearing, it does appear that the device started to move toward the house. However, since the bearing information appears based on the location records rather than the direction the device is facing, it is difficult to say ACorrect. Trial 2 · Day 6 · Cross-examination · Ian Whiffin
+3 more from Alessi
🏛️ Adam Lally Prosecution

Asked the witness to cross-reference the health data with GPS to identify where O'Keefe's phone physically was during that time window.

QAnd at that point in time, cross-referencing that health data with the GPS location, where physically is Mr. O'Keefe's phone at that particular time frame? AMaple Croft by Pine Cone Road, right at that intersection. Trial 1 · Day 28 · Direct examination · Nicholas Guarino
+2 more from Lally
🔬 Matthew DiSogra Expert Witness

Testified that placing the step event at 12:32:16 would make all 30 charted scenarios show phone activity after the alleged collision.

QIn what way? AIf the phone event moves from 12:32:09 to 12:32:16, then of the 30 possibilities I had in the chart, all of them would become positive Trial 2 · Day 24 · Redirect examination

E. The turn

~12:31a Read's SUV near 34 Fairview Road

Witnesses and vehicle data traced Read's SUV near 34 Fairview Road in this window, but the parties disagreed on what its movements showed. Prosecution experts placed a three-point turn on Cedarcrest around 12:24 a.m. after a missed turn, matching Read's own account of making a three-point turn, and witnesses described the SUV creeping forward in front of the house in the minutes up to about 12:31. The defense stressed that no witness ever saw the SUV reverse in front of the house.

🗣️ Matthew McCabe Witness

Declined to confirm that the wavy tire-track pattern came from a three-point turn, saying it could be consistent but that he had never examined tracks after performing one.

I don't know if the vehicle made a three-point turn. It could be consistent with— because it was a wavy pattern. I don't— I've never looked at tire tracks after I've done a three-point turn Trial 1 · Day 14 · Cross-examination
+4 more from McCabe
🗣️ Jennifer McCabe Witness

Stated that when she looked out the front door the SUV was straight ahead and facing up Chapman Road, indicating it had turned around relative to its arrival direction.

when I looked out the front door the car was straight ahead, and yes, it was facing up Chapman. Trial 1 · Day 15 · Cross-examination
🔬 Ian Whiffin Expert Witness

Read O'Keefe's phone location data as showing the device appear to turn around, potentially a three-point turn.

the device appears to have turned around, so potentially a three-point turn Trial 2 · Day 5 · Direct examination
🛡️ David Yannetti Defense

Put to the witness that V-shaped tire tracks appeared on the street in front of the Albert home sometime after the black SUV first arrived.

Qyou noticed that there were tire tracks— tire tracks, I should say— in a V-shape on the street in front of the Albert home, correct? AThat's correct. Trial 1 · Day 14 · Cross-examination · Matthew McCabe
🗣️ Ryan Nagel Witness

Recalled that while parked behind it, he saw the SUV move forward about a car and a half, still facing in the same direction.

it moved up a little bit further, about a car and a half further away from us, facing in the same direction. Trial 1 · Day 12 · Direct examination
🗣️ Julie Nagel Witness

Recalled seeing the SUV in three successive forward positions, by the mailbox, then in front of the yard, then up toward the flagpole.

I did notice the SUV in front of the mailbox, and then pulled up a little bit in front of the yard and then stopped, and then pulled up again towards the flagpole. Trial 1 · Day 11 · Direct examination
🗣️ Brian Albert Jr Witness

Noticed tracks in the snow indicating that the SUV had moved up from where it had been.

I had noticed just some tracks in the snow indicating that the car had moved — — up. Trial 1 · Day 10 · Direct examination

F. The critical window

~12:27a Texts and calls between McCabe and O'Keefe

Beginning at 12:27 a.m., Jennifer McCabe sent O'Keefe a string of unanswered texts ("here," "pull behind me," "hello") and placed several calls he never answered. The defense argued McCabe deliberately deleted those calls from her phone and that the rapid sequence was suspicious; McCabe testified the calls were inadvertent and that she deleted nothing.

🗣️ Jennifer McCabe Witness

Asked about calls to Nicole Albert deleted before the phone was turned over, she denied deleting any calls and said any deletion happened after the phone left her hands.

Not by me. By somebody else. I never deleted any calls. When I willingly handed my phone over — Trial 1 · Day 15 · Cross-examination
+12 more from McCabe
Said the deleted entries at issue were a group of about 20 calls involving Nicole Albert, and that singling out a few created a misleading impression. there were 20 calls, all in a group, that were all deleted. So cherry-picking a few makes it look a different way. Trial 1 · Day 15 · Cross-examination Suggested the unanswered calls to O'Keefe were inadvertent, made after putting the phone in a pocket. I think I put my phone in my pocket. I think I inadvertently maybe called him. Trial 2 · Day 8 · Cross-examination Read the first impact-window text to O'Keefe, "here," sent at 12:27. So this one is from myself to John, and it says "here" at 12:27. Trial 1 · Day 14 · Direct examination Read the text "pull behind me" sent to O'Keefe at 12:31. I sent to John "pull behind me" at 12:31. Trial 1 · Day 14 · Direct examination Explained the "pull behind me" text by saying the SUV had moved from where it was first seen. the car had moved from the prior spot where I originally saw it, so I thought, what is he doing — why don't they just pull behind me, you know, in the driveway. Trial 1 · Day 14 · Direct examination Read the text "hello" sent to O'Keefe at 12:40. From me to John, saying "hello" — and it was at 12:40. Trial 1 · Day 14 · Direct examination Said that by 12:40, when sending "hello," she could not be certain whether O'Keefe's vehicle was still out front or had left. at 12:40, when I say "hello," I cannot be certain whether they were still out front or if they had left. Trial 1 · Day 14 · Direct examination Read her later-morning texts to O'Keefe, including "please answer" and "Karen is worried, we need to find you," sent between 4:57 and 5:04 a.m. myself to John: "please answer" at 4:57; myself to John: "Karen is worried, we need to find you" at 4:59; myself to John: "please answer so I know you're okay" at 5:04. Trial 1 · Day 14 · Direct examination Recounted texting "here" on first seeing the SUV and "pull behind me" after returning to the door and finding it had moved toward the flagpole. I remember going to the front door, seeing the car, and texting "here." When I went to the door the second time, the car had moved out towards the flag pole and I texted "pull behind me" Trial 2 · Day 7 · Recross-examination Reaffirmed sending "Pull behind me" after seeing the SUV move up toward the flagpole. After I saw the car move locations. When I saw it go up to the flag pole, I said, "Pull behind me." Trial 2 · Day 6 · Direct examination Testified that O'Keefe gave no response to her texts. QAnd from any of these text messages that you sent, what kind of response did you receive from Mr. O'Keefe? ANone. Trial 1 · Day 14 · Direct examination Confirmed that O'Keefe never responded to any of her text messages. QAnd at any point in time did John O'Keefe respond to your text messages? ANo. Trial 1 · Day 14 · Direct examination
🛡️ Alan Jackson Defense

Pressed that none of the supposed accidental calls appeared on the extraction of McCabe's own phone.

Qan extraction was done on your phone, and not one of those butt dials appears on your phone extraction. ACorrect. Trial 2 · Day 8 · Cross-examination · Jennifer McCabe
+9 more from Jackson
Itemized an outgoing call from McCabe to O'Keefe at 12:41:54. QThere was a 12:41 and 54-second call from you to him. Is that right? ACorrect. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Itemized an outgoing call from McCabe to O'Keefe at 12:43:19. QThere was a 12:43 and 19-second call from you to him? ACorrect. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Itemized an outgoing call from McCabe to O'Keefe at 12:47:52. Q12:47 and 52 seconds, from you to him? ACorrect. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Established that every call to O'Keefe after 12:28 showed as missed on his phone extraction. Qall of those calls after 12:28 were missed calls, correct? AIn his report that you showed me, correct. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Established that only the 12:14 and 12:18 calls were answered, with the remaining calls unanswered. Qthe only two calls that were answered — the 12:14 and the 12:18 — everything else was a missed call? AI believe so. I would have to refer to it again, because I've seen so many reports. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Contended that, compared to O'Keefe's records, all of the calls were deleted from McCabe's own phone. Qcomparing yours to his, every single one of those calls was deleted off your phone, correct? AAccording to the reports — according to that report, yes. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Challenged the account that the unanswered calls were accidental, framing them as six butt dials in 19 minutes. Qyou literally butt-dialed John O'Keefe's phone six times in the span of 19 minutes. Is that right? AI don't remember making any of those calls, so my assumption is I put my phone in my back pocket and that was it. Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Pointed to the extraction showing no voicemail reached O'Keefe, questioning the accidental-call explanation. Qthe phone extraction showed that John got no voicemail, right? AI didn't look, but — Trial 1 · Day 15 · Cross-examination · Jennifer McCabe Read the stipulated record listing each McCabe text to O'Keefe with its exact time, including "here?!" at 12:27:33, "pull behind me" at 12:31:47, and "hello" at 12:40:31. QAt 12:27:33, from Jennifer McCabe's phone to John O'Keefe's phone: "here," exclamation point, question mark. Same date, 12:31 and 47 seconds. From Jen McCabe's phone to John O'Keefe's phone: "pull behind me." Same date, 12:40 and 31 seconds, from Jen McCabe's phone to John O'Keefe's phone: "hello." 12:42 and 9 seconds, text message from Jennifer McCabe's phone to John O'Keefe's phone: "where are" — the letter U. AYes, your honor. It's contained in the Cellebrite report. Trial 2 · Day 7 · Recross-examination · Jennifer McCabe
🗣️ Matthew McCabe Witness

Recalled texting and calling O'Keefe later that morning to ask where he was, part of the household's renewed efforts to reach him.

I texted him, and I think I called him as well. Pretty much "Where the hell are you?" Trial 1 · Day 14 · Direct examination

~12:32a O'Keefe's phone comes to rest near the flagpole

Prosecution experts testified O'Keefe's phone took its last steps at 12:32 a.m., came to rest near the Fairview Road flagpole, and registered no movement until the early morning, with data activity resuming near 6:04 and movement about 6:15. At issue is whether the GPS was precise enough to fix that position. The defense disputed the data's accuracy, noting the location readings could shift from refinement or environmental noise rather than the device moving; a prosecution expert separately clarified that the vehicle data does not show the Lexus stopping at the plotted point.

🔬 Ian Whiffin Expert Witness

Cautioned that apparent shifts in the plotted GPS center point could reflect data refinement or changing environmental conditions rather than actual movement of the device.

the movement of the center point could just be the result of refinement of the device or environmental conditions that suddenly change. Trial 2 · Day 5 · Direct examination
+6 more from Whiffin
Identified 12:32 a.m. as the phone's last movement before it moved again around 6:15 a.m. the next morning, bounding the no-movement window. Up until 6:15 a.m., 12:32 AM was the last time before the phone moved again the next morning. Trial 2 · Day 5 · Direct examination Grounded the no-movement opinion in location data clustering near the flagpole and the absence of any health data beyond 36 steps after 12:32:16 a.m. The location data — the location data that shows accurate — tends to show around the flagpole area. There's no further health data other than 36 steps that were taken that suggest it moved after 32 minutes and 16 seconds after midnight. Trial 2 · Day 5 · Direct examination Concluded that based on the totality of the information, the device never moved far from the flagpole. Based on the totality of all of the information that we've described, my opinion is that the device never moved far away from the flag pole. Trial 2 · Day 5 · Direct examination Conceded that the randomness of the location data made it difficult to fix the phone's position to a reasonable degree of certainty. It's difficult to say with a reasonable degree of certainty based on the randomness of the location data. Trial 2 · Day 6 · Redirect examination Placed the phone's next movement after it stopped at 12:32:16 a.m. at approximately 6:15 a.m. QJohn O'Keefe's phone stops moving. Do you know the next time it moves again? AIt's approximately 6:15. Trial 2 · Day 6 · Redirect examination Agreed that the location data was consistent with the phone being in the flagpole area from midnight until 6:15 a.m. QBased on the data you have — just on location data alone — is that location data consistent with that phone being in the flagpole area from midnight until 6:15 the next morning? AIt is. Yes. Trial 2 · Day 6 · Redirect examination
🔬 Judson Welcher Expert Witness

Reconstructed an 87-foot reverse maneuver, noting that the Techstream data ended while the vehicle was still moving at about 23 miles per hour rather than at a confirmed stop.

that was 34 feet forward, then a total of 53 back, total travel distance of 87 feet. So went all the way forward where it stop Trial 2 · Day 21 · Direct examination

~12:32a The alleged collision at 34 Fairview

At issue was whether Karen Read's Lexus struck John O'Keefe in reverse. The Commonwealth's second-trial account placed the maneuver around 12:31 to 12:32 a.m., while the first trial's opening put it closer to 12:45. Prosecution experts and investigators read vehicle data and his injuries as a pedestrian collision at roughly 24 miles per hour, while defense crash-test and forensic experts testified the arm wounds, skull fracture, and lack of impact forces were inconsistent with any vehicle strike.

🛡️ David Yannetti Defense

The defense opening asserted that Read was framed and that her car never struck O'Keefe or caused his death.

Karen Read was framed. Her car never struck John O'Keefe. She did not cause his death. Trial 1 · Day 1 · Opening statement
👮 Yuri Bukhenik Law Enforcement

An investigator testified that the working theory evolved to a vehicle strike based on the injuries and a suspicion that O'Keefe had been knocked out of his shoes.

At that point, our theory had evolved to a vehicle strike, based on the injuries. And I was suspecting that he was hit out of his shoes. Trial 2 · Day 12 · Direct examination
🛡️ Robert Alessi Defense

The defense stated on the record that it vigorously contested any collision and that no collision ever occurred.

a collision here, which we vigorously contest. No collision ever occurred. Trial 2 · Day 17 · Proceedings

~12:25–12:45a The defense theory that O'Keefe was attacked inside the house

The defense contended that O'Keefe left the SUV, walked into 34 Fairview, and was fatally injured inside, pointing to phone data recording steps and flights of stairs in this window and to arm wounds a forensic pathologist called consistent with a large dog attack. The Commonwealth answered that no witness saw O'Keefe enter the house, that his phone never registered a fight or a walk back outside, and that Albert family members testified Colin Albert had left before the group arrived. Whether O'Keefe ever went inside was among the most contested questions at both trials.

🛡️ Alan Jackson Defense

In closing, argued the witnesses who said O'Keefe never entered the house were all connected to the Alberts and could not be relied on.

what is the evidence that John went into the house? The Commonwealth will tell you undoubtedly no, he never went in the house, and they'll point to certain witnesses who they say didn't see him go in. Well, the question you have to ask yourself is: can you rely on that? Trial 1 · Day 31 · Closing argument
+3 more from Jackson
🛡️ David Yannetti Defense

In his opening statement, introduced the theory that someone inside the Albert home could have beaten O'Keefe and left him on the front lawn.

She certainly didn't consider, in a million years, that someone from within the Albert home could have beaten up John and left him to die on the front lawn. Trial 1 · Day 1 · Opening statement
🔬 Marie Russell Expert Witness

Testifying before the jury, the forensic pathologist described parallel lines on O'Keefe's arm as inflicted by teeth or claw marks.

On the upper part of the arm there are parallel lines, and those were inflicted by either teeth or claw marks. Trial 1 · Day 29 · Direct examination

~12:42a The Lexus powers off and O'Keefe's phone goes quiet

Vehicle records from Read's Lexus showed the SUV powering on outside the Waterfall at 12:12:36 a.m. and powering off at approximately 12:42 a.m. O'Keefe's phone recorded its last user interaction near 12:32 a.m. and then went quiet. Both sides leaned on these endpoints to anchor their competing accounts of the disputed minutes at 34 Fairview.

🛡️ Robert Alessi Defense

Reading from the forensic extraction, a log entry recording the phone being locked with the lock button marked the last human interaction with the device.

Qand then it says "device locked with lock button." For the last time. That requires human interaction with the phone. ACorrect. Correct. Trial 2 · Day 6 · Cross-examination · Ian Whiffin
🔬 Ian Whiffin Expert Witness

Analysis of the phone's motion data placed its last movement at 12:32 a.m., after which it stayed dormant until 6:15 a.m. the next morning.

Up until 6:15 a.m., 12:32 AM was the last time before the phone moved again the next morning. Trial 2 · Day 5 · Direct examination

G. Overnight

~1:30a Brian Higgins at the Canton PD parking lot

Surveillance footage placed Brian Higgins, a federal agent who had been at the earlier gathering, back at the Canton police lot around 1:30 a.m. on January 29, 2022, moving his Jeep and using a phone, and phone records showed a 2:22 a.m. call from Higgins to Brian Albert. Higgins called the visit routine, while the defense argued the unexplained late-night activity was suspicious and went uninvestigated.

🛡️ Alan Jackson Defense

Argued in closing that investigators failed to examine the late-night visit to the Canton police station, which followed a night of drinking.

Investigators also ignored Higgins' suspicious late night visit to the Canton Police Department. That was after a night of drinking Trial 2 · Day 33 · Closing argument
+9 more from Jackson
Described the surfaced footage in closing as showing movement through hallways with a raised hood, bags shifted between cars, and a late-night phone call. the skulking through the hallways with his hood up, moving bags between cars, and of course that late night mysterious phone call on his cell phone Trial 2 · Day 33 · Closing argument Asserted that a key card gave Higgins access to the sally port from both the outside lot and inside the police station. QBrian Higgins's key card gave him access to both of those locations — the pedestrian portal going into the Sallyport from outside, as well as the pedestrian portal from inside Canton PD. AUh, that would be correct. Trial 2 · Day 10 · Cross-examination · Paul Gallagher Asked whether the hooded figure in the lot footage, of similar stature and clothing, appeared to be the same person as Higgins. Qsame stature, same clothing, jeans, shoes with white stripe around them, dark hooded sweatshirt. Does that appear to be the same person as Brian Higgins? AIt does appear that way. Yes. Trial 2 · Day 14 · Cross-examination · Yuri Bukhenik Summarized the footage as clearly showing Higgins on his phone around 1:34 a.m. Qthis video pretty clearly shows, at least at one point around 1:34 a.m., Brian Higgins was on his phone? AIs that the one that he has the device by his face? Trial 2 · Day 14 · Cross-examination · Yuri Bukhenik Asked whether the witness was aware of a call placed by Higgins at 1:35 a.m. while at the Canton police station. QDid you become aware of a call that was made by Brian Higgins at 1:35 a.m. while at Canton Police Department? AI am not aware of that. No. Trial 2 · Day 13 · Cross-examination · Yuri Bukhenik Pressed on whether any phone activity by Higgins at the station during those early hours had been investigated. Qany phone call that Brian Higgins did or didn't make while at Canton PD on the night, or the early morning hours, of January 29th, 2022. AWe never sought to get Brian Higgins's phone. He was not looked at as an individual that we would need to get his information for any reason at that point — even after you received and read all of those text messages between him and Karen Read. Trial 2 · Day 13 · Cross-examination · Yuri Bukhenik Challenged the account that the early-morning visit was for administrative work. Qyou weren't actually at Canton PD to do administrative work at 1:30 in the morning, were you? AI was — I was moving the vehicles. I'm sure it's on video. Trial 1 · Day 17 · Cross-examination · Brian Higgins Suggested that returning to the station around 1:30 a.m. would have placed him in a position to monitor activity there. Qif you went back to Canton PD at 1:00, 1:30 in the morning, you would certainly be in a position to monitor anything that was happening at Canton PD at the time ANo. Trial 1 · Day 17 · Cross-examination · Brian Higgins Asked what was important enough to require a 2:22 a.m. discussion with Brian Albert. Qwhat was so important that you and Brian Albert needed to discuss something at 2:22 in the morning? AThere was no discussion. I never talked to Brian Albert. Trial 1 · Day 17 · Cross-examination · Brian Higgins
👮 Yuri Bukhenik Law Enforcement

Described an object the figure held to his face as consistent with a cellular device, possibly a phone or tablet.

QWhat do you think that is? AIt's consistent with a cellular device, possibly a phone or a tablet. Trial 2 · Day 14 · Cross-examination
+6 more from Bukhenik
Stated there was no reason to believe the figure accessing the vehicle was anyone other than Higgins. no reason to believe it's anybody other than Brian Higgins walking — accessing Brian Higgins's vehicle. Trial 2 · Day 14 · Cross-examination Described the footage as showing the Jeep Wrangler leaving its parking spot. The Jeep Wrangler is leaving the spot it was parked in. Trial 2 · Day 14 · Cross-examination Read the footage timestamp for the rear lot as approximately 1:45 a.m. QOkay. We can take that down. Oh, I'm sorry — I failed to ask you the time. I promised I would do it and I forgot again. Can we look at the time real quick? AThe time for the rear lot main side is 1:45:2. Trial 2 · Day 14 · Cross-examination Confirmed that the hooded figure in the parking lot footage appeared to be Higgins. QAs best you can determine, does he have the same stature — I know you can't see his face — same stature, same clothing, jeans, shoes with white stripe around them, dark hooded sweatshirt. Does that appear to be the same person as Brian Higgins? AIt does appear that way. Yes. Trial 2 · Day 14 · Cross-examination Read the footage timestamp as 1:34:53 a.m. QCan we enhance the time, please? What time is that? AIt says 1:34:53 in the morning. Trial 2 · Day 14 · Cross-examination Agreed that the footage appeared to show Higgins on his phone around 1:34 a.m. QOkay. You would agree that this video pretty clearly shows, at least at one point around 1:34 a.m., Brian Higgins was on his phone? AIt appears that way. Yes. Trial 2 · Day 14 · Cross-examination

~2:30a Plow driver Lucky Loughran's overnight route past 34 Fairview

Town of Canton plow driver Brian "Lucky" Loughran, tracked down by the defense after investigators had not interviewed him, became a contested witness about the scene at 34 Fairview. The defense said he saw an empty front lawn around 2:30 a.m. and later a Ford Edge parked where O'Keefe was found, while the prosecution challenged his account as unreliable, citing his colorblindness, the distance and blizzard conditions, shifting times, and a suggestive vehicle identification.

🗣️ Brian Loughran Witness

Described the plow route as covering Cedarcrest and surrounding streets, establishing his presence in the area.

Route 11 encompasses Cedarcrest from Dedham Street to the end. It encompasses everything from Kings Road to Chapman Street, and streets in between as well. Trial 2 · Day 27 · Direct examination
+23 more from Loughran
Said he knew the Alberts lived at the location and that Brian Albert was a police officer and first responder. I knew the Alberts lived there, and I knew that Brian Albert was a police officer, first responder. Trial 2 · Day 27 · Direct examination Said he could see all the way to the front door of the Albert house. I could see all the way to the front door. Trial 2 · Day 27 · Direct examination Said that on turning onto Fairview around 3:30 a.m. he noticed a vehicle near the flagpole in front of 34 Fairview. As I make my right onto Fairview, I notice that there's a vehicle on the right-hand side, roughly in the area of the flagpole, in front of 34 Fairview. Trial 2 · Day 27 · Direct examination Said the Ford Edge stood out because the Alberts always had ample driveway parking and never parked in front of the house. For as long as I can remember, they have never parked a vehicle in front of their house. They've always had enough ample parking in the driveway. Trial 2 · Day 27 · Direct examination Said he was on Cedarcrest at about 2:30 to 2:35 a.m., establishing his first arrival in the area. I was on Cedarcrest about 2:30, 2:35. Trial 1 · Day 29 · Direct examination Said his truck lights let him see the entire Albert front lawn on the first pass. I was able to see the entire front lawn. Trial 1 · Day 29 · Direct examination Said he could again see almost the entire lawn on the return pass. QHow much light did your headlights illuminate of the Alberts' front lawn as you were coming down from Chapman Street? AJust about the entire front lawn. Trial 1 · Day 29 · Direct examination Said that on a later pass around 3:15 to 3:30 a.m. he saw a Ford Edge on the side of the road. At that point I saw a Ford Edge on the side of the road. Trial 1 · Day 29 · Direct examination Said the Ford Edge stood out as odd because the Alberts never parked cars out front. The Alberts never had cars that were parked out front, and it just stuck out as weird. Trial 1 · Day 29 · Direct examination Acknowledged on cross-examination that he is colorblind and could not state the vehicle's color. QNow, what color was this SUV? AI can't tell you that — I am color blind. Trial 1 · Day 29 · Cross-examination Conceded on cross-examination that he knew where the body was found only through police reports, interviews, and media, not direct observation. QSo how do you know where Mr. O'Keefe's body was? AThrough police reports, police interviews, stuff that was posted on the media. Trial 1 · Day 29 · Cross-examination Said nothing was on the Albert lawn in the flagpole area around 2:45 a.m. QWhat was on the ground on the Alberts' lawn at that point, in the area of the flagpole? ANothing. Trial 2 · Day 27 · Direct examination Denied seeing a large man lying on the lawn. QDid you see a 6'1", 216-pound man lying on that lawn? ANo. Trial 2 · Day 27 · Direct examination Said he again saw nothing in the flagpole area on a second pass returning from Chapman. I saw nothing. Trial 2 · Day 27 · Direct examination Identified the out-of-place vehicle as a Ford Edge. QWhat type of vehicle was that? AA Ford Edge. Trial 2 · Day 27 · Direct examination Said that after maneuvering around the Ford Edge he saw nothing on the ground in the flagpole area. I saw nothing. Trial 2 · Day 27 · Direct examination Said his plow route included Fairview, placing him at the location. QCould you describe that for the jury? AFairview is one, Spring Lane Trial 1 · Day 29 · Direct examination Characterized his memory of the night as very strong. QAnd sir, how clear is your memory about what you saw or didn't see in the early morning hours of January 29th of 2022 in the area of 34 Fairview, the first up and down pass, the second up and down pass, and then the third time you came. AVery strong. Trial 2 · Day 27 · Direct examination Denied on cross-examination that his memory of events had changed. QAnd is it fair to say that when you've recounted that night as far as times and what you saw, many times your memory has changed? Is that fair to say? AIt has not. Trial 2 · Day 27 · Cross-examination Said he saw nothing on the lawn in the flagpole area during the first pass around 2:45 a.m. I saw nothing. Trial 1 · Day 29 · Direct examination Located the Ford Edge by the flagpole, where O'Keefe's body was later found. QWhere in front of the Alberts' house? ABy the flag pole. Trial 1 · Day 29 · Direct examination Denied seeing anything on the front lawn as he approached the Ford Edge with his lights on. QDid you see anything? ANo. Trial 1 · Day 29 · Direct examination Agreed on cross-examination that a 5:30 time was very different from his earlier accounts of around 3:00 to 4:00 a.m. QThat time of 5:30 is very different than the time you told the agents — I'm sorry, the law enforcement officials that weren't from Canton or the state police — when you met them. That was very different than when you told them 3 to 3:30. Very different. AVery. Trial 2 · Day 27 · Cross-examination
🛡️ Alan Jackson Defense

Arguing the motion for a required finding of not guilty, the defense said no neighbor or plow driver saw O'Keefe's body in the snow before Read found him around 6:03 a.m.

not one neighbor, not one plow driver ever saw John O'Keefe's body laying prostrate in the snow that morning. Not one. Not until Karen Read found Mr. O'Keefe at about 6:03. Trial 2 · Day 24 · Proceedings
+7 more from Jackson
Argued in closing that a Ford Edge was moved to obstruct the area where the body was found, noting Brian Albert owned a Ford Edge. someone moved a Ford Edge in front of the very area that would obstruct the view of where John's body would ultimately be discovered. Who's the only person in this case that you've heard about with a Ford Edge? Brian Albert. Trial 1 · Day 31 · Closing argument Argued in closing that the lead investigator avoided the plow driver and falsely claimed no one plowed the roadway, contradicted by dash-cam footage. Why didn't he want to speak to the snowplow driver, Brian Loughran? Why did he falsely claim that no one plowed the roadway that morning when police dash cam video Trial 2 · Day 33 · Closing argument Previewed in opening that the plow driver had been located and would testify nobody was on the lawn at 2:30 a.m. we found him, and we'll introduce you to Brian Loughran. He plowed Fairview that night. And what he's going to tell you is that there was nobody on that lawn at 2:30 in the morning. Trial 2 · Day 1 · Opening statement Summarized in opening the dual claim that the lawn was empty at 2:30 a.m. and obstructed by a Ford Edge by 3:30 a.m. at 2:30 a.m., the plow driver confirms that O'Keefe's body was not on the lawn of Brian Albert's house. Not at 2:30 in the morning. And at 3:30 in the morning, that area was obstructed by a Ford Edge. Trial 2 · Day 1 · Opening statement Asked on cross-examination whether the investigator had testified to the grand jury that no snowplow traveled down Fairview Road on January 29th. QYou testified under oath on April 21st, 2022, in the State Court Grand Jury proceeding that no snowplow traveled down Fairview Road on January 29th, correct? ACorrect. Trial 1 · Day 23 · Cross-examination · Michael Proctor Asked on cross-examination whether the investigator had documented the plow driver and his observations in any investigative report. QDid you include anything in your investigative report throughout the entire time you've been in charge of this investigation about Lucky Loughran and his observations? ANot until Sgt. Bukhenik and I interviewed him — and that was — I can't recall the exact date. Trial 1 · Day 23 · Cross-examination · Michael Proctor Asked the supervising investigator on cross-examination whether he had investigated how a Ford Edge came to be parked in front of 34 Fairview between 2:30 and 3:30 a.m. QAs the supervising investigator, did you do anything to investigate the circumstances of that Ford Edge being placed in front of 34 Fairview sometime between 2:30 and 3:30 in the morning? AYes. Trial 1 · Day 24 · Cross-examination · Brian Tully
🛡️ David Yannetti Defense

Arguing the renewed motion for a required finding of not guilty, the defense said the plow driver confirmed O'Keefe was not on the Albert front lawn at 2:45 a.m.

Brian Loughran confirmed that John O'Keefe was not on the front lawn at the Albert residence at 2:45 a.m. Trial 2 · Day 32 · Proceedings
+4 more from Yannetti
👮 Michael Proctor Law Enforcement

Explained that the grand-jury statement about no plows rested on an interview indicating plows were not out until 2:30 a.m. and focused on main roadways.

That was based off interviews with Mr. Trotta — that the plows weren't out until they met up at 2:30 — and then with my understanding they were focusing on the main roadways. Trial 1 · Day 23 · Cross-examination

H. Morning

~4:53a Read wakes and a flurry of calls follows

Read woke before dawn, found that O'Keefe had not come home, and a rapid series of calls and texts followed among Read, Jennifer McCabe, and O'Keefe's phone, including a 4:53 a.m. call relayed through O'Keefe's niece. The sides dispute why some of those calls show as deleted from McCabe's phone. Defense experts attribute it to user deletion before she surrendered the device, while prosecution experts say the phone's own system removed older entries automatically.

🗣️ Jennifer McCabe Witness

Denied deleting any calls, attributing any deletion to someone else and stating the phone was handed over willingly.

Not by me. By somebody else. I never deleted any calls. When I willingly handed my phone over — Trial 1 · Day 15 · Cross-examination
+7 more from McCabe
Acknowledged that a group of twenty calls showed as deleted while maintaining she did not delete them. But there were 20 calls, all in a group, that were all deleted. So cherry-picking a few makes it look a different way. Trial 1 · Day 15 · Cross-examination Read her own pre-dawn texts to O'Keefe's phone, urging him to answer at 4:57, 4:59, and 5:04 a.m. myself to John: "please answer" at 4:57; myself to John: "Karen is worried, we need to find you" at 4:59; myself to John: "please answer so I know you're okay" at 5:04. Trial 1 · Day 14 · Direct examination Recounted that at 4:53 a.m. caller ID showed O'Keefe's niece Kaylee, and described the start of the call. At 4:53, my phone rings and I look at my caller ID. I look at the phone and it's Kaylee, John's niece. John's niece. Um, and I say, "Hello." And she said, "Yeah." Trial 2 · Day 6 · Direct examination Estimated the first call lasted a few minutes and was loud enough that her husband shot up in bed thinking a child was screaming. I'm not sure how long. Um, may possibly a few minutes. Um, but it was loud enough and long enough that my husband shot up in bed thinking one of my kids had come in the room screaming. Trial 2 · Day 6 · Direct examination Enumerated calls she made afterward to locate O'Keefe, including to her sister, O'Keefe, Tom Bey, and his daughter. I believe I called my sister. I called John. I called Tom Bey. I called his daughter. Trial 2 · Day 6 · Direct examination Confirmed the question's framing but clarified that the "did I hit him" remark did not come during the 4:53 a.m. call. QAnd what she said at 4:53 a.m. was, "Did I hit him? Could I have hit him?" She didn't say it. She asked it. Correct. ACorrect. Um, she didn't say that at 4:53. Trial 2 · Day 7 · Recross-examination Testified the wake call came at 4:53 a.m. QAnd did you know what time it was? A4:53. Trial 1 · Day 14 · Direct examination
🛡️ Alan Jackson Defense

Asserted that calls to Nicole were deleted from the phone before it was turned over to law enforcement.

Qthe calls to Nicole were deleted from your phone before you turned that phone into law enforcement. ANot by me. By somebody else. I never deleted any calls. When I willingly handed my phone over — Trial 1 · Day 15 · Cross-examination · Jennifer McCabe
+3 more from Jackson
👮 Brian Tully Law Enforcement

Summarized that investigators learned Read was calling people as early as 4:45 a.m. to locate O'Keefe and left the house shortly after 5:00 a.m.

we had learned through interviews that she was calling people as early as 4:45 in an effort to locate Mr. O'Keefe, and a statement that she had left the house shortly after 5:00 a.m. Trial 1 · Day 24 · Direct examination
👤 Erin O'Keefe Family

Relayed Read's account that she returned to Canton, woke around 4:30 a.m. unable to find O'Keefe, and woke Kaylee to ask if she had heard from him.

She said she went back to Canton and I think woke up around 4:30 and couldn't find him and woke up Kaye to see if Kaylee had heard from him at all. Trial 1 · Day 1 · Direct examination

~5:07a Read backs her SUV into O'Keefe's parked car

Ring doorbell video around 5:07 a.m. captured Karen Read reversing her SUV and making contact with John O'Keefe's parked Chevrolet Traverse, which both sides accept occurred. The dispute is the consequence: the defense argued the contact cracked her tail light, while the prosecution called it a harmless nudge and said the light was already missing pieces before she backed up.

👮 Yuri Bukhenik Law Enforcement

A police witness testified that the video appeared to show the tire moving but could not say so with certainty.

It appeared that there was movement of the tire, but I cannot say with 100% certainty that there was movement. Trial 2 · Day 13 · Cross-examination
+6 more from Bukhenik
On cross-examination, a police witness conceded that the two vehicles had to have contacted for the tire to move. Logically speaking, the two vehicles had to have come into contact for the tire to move. Trial 2 · Day 13 · Cross-examination A police witness identified the right rear of Read's Lexus as the point that appeared to contact the Traverse in the video. It appears from the video the right rear area of the Lexus SUV that comes into contact with the Traverse. Trial 2 · Day 13 · Cross-examination A police witness placed the Ring backing video at approximately 5:07 a.m., when Read left the home through the garage in her vehicle. The timing of this video is approximately 5:07 a.m., when the defendant left the home through the garage via her vehicle. Trial 1 · Day 20 · Direct examination A police witness described the still as showing a missing, damaged right-rear taillight with white light exposed from the right side. identifies a missing, damaged rear right tail light, exposing the white light coming from the right side of that tail light. Trial 1 · Day 20 · Direct examination A police witness identified Exhibit 6, video 153 as the footage of Read backing out sometime after 5:00 a.m. on January 29. video 153 — the one with the defendant backing out sometime after 5:00 a.m. on January 29th. Trial 1 · Day 20 · Direct examination A police witness affirmed observing Read's vehicle come close to or contact O'Keefe's vehicle earlier in the video. QAnd if you could, using the laser pointer, draw the jury's attention to what you're talking about as far as that area. Now, earlier in that video, did you observe the defendant's vehicle coming close to or coming into contact with Mr. O'Keefe's vehicle? AYes, I did. Trial 1 · Day 20 · Direct examination
🛡️ David Yannetti Defense

The defense told jurors in opening that the video showed Read's SUV jostling the wheels and hubcaps of O'Keefe's car at the moment her taillight cracked.

you will witness that the wheels and the hubcaps on John's car are jostled and moved by Karen's SUV, and you will conclude that that video depicts exactly when Karen's tail lig Trial 1 · Day 1 · Opening statement
🛡️ Robert Alessi Defense

On cross-examination, the defense treated the collision between Read's roughly 6,000-pound Lexus and O'Keefe's approximately 4,500-pound Traverse as undisputed.

QThere was a collision between Miss Read's 6,000-lb Lexus and Mr. O'Keefe's approximately 4,500-lb Chevy Traverse. That's undisputed. ACorrect. It's too minor. Trial 2 · Day 23 · Cross-examination · Judson Welcher
🔬 Shanon Burgess Expert Witness

An expert testified that vehicle data recorded the Lexus powering on at 5:07:46 a.m., fixing the start of the backing event.

the next power on event occurs at 5:07:46. That's this top timestamp here. Trial 2 · Day 18 · Direct examination
👮 Michael Proctor Law Enforcement

A police witness described the Ring video as showing Read backing toward O'Keefe's vehicle and coming extremely close, if not slightly hitting it.

Ms. Read was pulling her vehicle out of the garage door, backing up towards Mr. O'Keefe's vehicle, and comes extremely close, if not slightly hitting the vehicle. Trial 1 · Day 22 · Direct examination

~5:08a The SUV's early-morning route back toward Fairview

Investigators canvassed for footage covering two overnight windows, midnight to 1 a.m. and 5 to 6 a.m. on January 29, pulling Ring video of a black Lexus SUV registered to Karen Read leaving her garage around 5:07 a.m. and municipal cameras showing a large black SUV on Washington Street, which troopers traced along a route toward the Waterfall and 34 Fairview.

👮 Brian Tully Law Enforcement

The municipal-camera canvass focused on two time windows, midnight to 1 a.m. and 5 a.m. to 6 a.m.

From 12:00 a.m. midnight to 1:00 a.m., and from 5:00 a.m. to 6:00 a.m. Trial 1 · Day 24 · Direct examination
+11 more from Tully
The 5 a.m. to 6 a.m. window was selected because the SUV was believed to be moving through that area during that time. We had reason to believe that those were the times that Ms. Read's vehicle was traveling in and around that area. Trial 1 · Day 24 · Direct examination Standard practice was a video canvass running from the first known point, the Waterfall Bar and Grille, to 34 Fairview and on to 1 Meadow Avenue. like we always do, we do a video canvas and look for video cameras from that first known point — which would be the Waterfall Bar and Grille — to the residence, 34 Fairview, and then from there, from 34 Fairview to 1 Meadow Ave Trial 1 · Day 24 · Direct examination The reconstruction sought to account for a roughly thirty-minute block between leaving the house shortly after 5 a.m. and arriving at the McCabe residence after 5:30. she had left the house shortly after 5:00 a.m. We then know that she arrived at the McCabe residence on Country Lane after 5:30. So we're trying to account for the movements of the vehicle for that 30-minute block. Trial 1 · Day 24 · Direct examination The described route from the Temple Beth Abraham camera to 34 Fairview ran up Washington Street, left onto Dam Street, then left onto Cedarcrest. If one were at the temple in order to travel to 34 Fairview, you could continue up Washington Street, take the left onto Dam Street, which is that street you just mentioned, a left onto Cedarcrest Trial 1 · Day 24 · Direct examination Because Sherman Street runs directly to 1 Meadows Lane, a vehicle from O'Keefe's home would come down Sherman and could turn left onto Washington Street heading south. Sherman Street goes straight to 1 Meadows Lane. So if one were to travel from 1 Meadows Lane — the residence of John O'Keefe — to this location here, you would come down Sherman and you could take a left on Washington Street to head south. Trial 1 · Day 24 · Direct examination A later library capture showed the large black SUV moving right to left across the screen, that is, traveling north on Washington Street. A large black SUV will appear on the screen on the right-hand side and travel to the left-hand side, which again would be traveling north on Washington Street. Trial 1 · Day 24 · Direct examination A Temple Beth Abraham capture showed a large black SUV crossing the screen from left to right. A large black SUV travel left to right on the screen. Trial 1 · Day 24 · Direct examination On the Temple capture, the left side led from the library and Waterfall area while the right led toward Dam Street and 34 Fairview Road. From the left side of the screen would be in the direction of the Canton Public Library and the Waterfall Bar & Grille. Off to the right, again, would be the intersection with Dam Street, which one could take to 34 Fairview Road. Trial 1 · Day 24 · Direct examination A large black SUV was described traveling north on Washington Street. A large black SUV traveling north on Washington Street. Trial 1 · Day 24 · Direct examination A direct drive from Temple Beth Abraham to Country Lane, about a mile and a half north on Washington Street, would have been considerably quicker. It would take you much quicker to get there. It's about a mile and a half from Temple Beth Abraham to Country Lane. You would continue north on Washington Street and just take a left into the Country Lane neighborhood. Trial 1 · Day 24 · Direct examination Agreement was given that the 5:18 to 5:35 interval allowed enough time for the SUV to detour through 34 Fairview before reaching Country Lane. QAnd from your knowledge of the area, as far as travel is concerned, would — from 5:18 to about 5:35 or so — would that allow for sufficient time to go from where it's viewable on the Temple Beth Abraham video, for the vehicle to then travel to 34 Fairview Road and then travel to 12 Country Lane? AYes. Trial 1 · Day 24 · Direct examination

~5:30a Read arrives at McCabe's and they drive to 34 Fairview

Around 5 a.m., a frantic Read reached Jennifer McCabe's home, and McCabe drove Read's Lexus while Kerry Roberts followed in her own car, heading toward John O'Keefe's house. Whether the two women had arranged in advance for Read to come to McCabe's was disputed: defense cross-examination cited McCabe's earlier statement that she told Read to come over, while McCabe testified there was never any such plan.

🗣️ Kerry Roberts Witness

Recalled Read's roughly 5 a.m. phone request to come over and have her car driven, saying she remembered nothing from the night.

And she said, "I'm driving. Can I come to your house? Will you drive my car? I don't remember anything from last night. We drank so much. I don't remember anything." Trial 1 · Day 16 · Direct examination
+11 more from Roberts
Confirmed Read stated she would come to a house and asked Roberts to drive her car. She said, "I'm going to come to your house. Will you drive my car?" And I said okay. Trial 1 · Day 16 · Direct examination Described learning Read was at McCabe's, that McCabe would drive Read's car, and arriving to find McCabe driving with Read in the passenger seat. And she said, "I'm at Jen's house." And I said, "Jen who?" She said, "Jen McCabe. She's going to drive my car." And I said, "Okay, stay there, I'll come to you — we'll drop your car off, we'll just take my car and go look for him." And I drove to Jen's and I pulled in the driveway behind them. I was still on speaker phone. Jen is driving, Karen's in the passenger seat. Trial 1 · Day 16 · Direct examination Described pulling into McCabe's driveway behind Read's car while still on an open Bluetooth line that let her hear the two women. I pulled in the driveway behind Karen's car, and Karen and Jen are in the car talking. I'm still on Bluetooth, so I can hear them. Trial 1 · Day 16 · Direct examination Stated McCabe drove Read's car while she followed behind in her own. Jen drove Karen's car, and I followed behind in my car. Trial 1 · Day 16 · Direct examination Recounted Read pointing out her tail light in the driveway and asking whether she could have hit O'Keefe. Karen did point it out at one point in the driveway. She said, "My tail light—look at my tail light." And I looked at it, and I said, "You told me you don't remember anything from last night." She said, "Do you—do you think I hit him? Do you think I hit him?" Trial 1 · Day 16 · Direct examination Said Read and McCabe wanted to return to 34 Fairview, but she redirected the group to O'Keefe's house first. and Jen and Karen wanted to go back to 34 Fairview, where they were at — Jen's sister's. Jen said she saw her pull up to 34 Fairview the night before. So Karen really wanted to go back there. I was the one that said, "No, let's drop a car off, go to Meadows and look through the house, and then we'll start looking if he's not in the house." Trial 1 · Day 16 · Direct examination Recounted at retrial Read's request to come over and have her car driven, and getting dressed and starting her own car to warm it. She said, "I'm going to drive... ...to your house. Would you drive my car?" And I said, "Yes." So, at that point, I started to get dressed. I turned on the automatic car starter so it would warm up. Trial 2 · Day 1 · Direct examination Recounted at retrial learning Read was at McCabe's, that McCabe would drive Read's car, and arranging to meet there and follow each other. And she said, "I'm at Jen's house." And I said, "Jen, who?" And she said, "McCabe, she's going to drive my car." And I said, "Okay, well, listen, they don't want cars on the road cuz it's so bad. I'm already in my car. I'll come there to Jen's house. Stay there and we'll follow each other and we'll go back and drop your car off." Trial 2 · Day 1 · Direct examination Confirmed McCabe and Read were together in Read's car while she remained on the phone with both. QI think I interrupted you, but were you telling us that as you drove to Jen McCabe's house, you were on a Bluetooth on an open conversation with her to help with directions? AYes, Jen and Karen were in Karen's car and I was on the phone essentially with both of them. Trial 2 · Day 1 · Direct examination Described following McCabe driving Read's car toward O'Keefe's house and hearing Read say she left him at the Waterfall while McCabe said she saw Read pull up at her sister's. now we're heading to John's house to drop a car off. I pulled out of the driveway. Jen pulled out and I followed behind all the way to John's house. And at some point Karen said, "I left him at Waterfall," and I heard Jen say, "No, I saw you pull up in front of my sister's." Trial 2 · Day 1 · Direct examination Stated McCabe pulled Read's car into the driveway first. QI want to ask you some questions about when you arrived and what you did next. Okay. When you arrived at Mr. O'Keefe's home, you're in two separate cars. Who pulled into Mr. O'Keefe's driveway first? AJen pulled Karen's car in first. Trial 2 · Day 1 · Direct examination
🗣️ Jennifer McCabe Witness

Denied having told Read to come to her house.

QIn point of fact, you told Michael Proctor in that 11:30 a.m., or thereabouts, interview that morning, that on January 29th, when Karen was on the phone with you, you told her to come to your house. Isn't that true? ANo, I never told her to come to my house. Trial 2 · Day 8 · Cross-examination
+9 more from McCabe
Denied that any plan existed for Read to come to her house. There was never a plan for Karen to come to my house. Trial 2 · Day 8 · Cross-examination Recalled Read at her door yelling to go to Fairview, and deciding to go with her. And then she was yelling that we had to go to Fairview. So I told Matt that I was going to go with Karen. Trial 1 · Day 14 · Direct examination Recalled taking the wheel because Read was hysterical, and the group deciding to drive to O'Keefe's house first amid Read's cries about her tail light and whether she had hit him. I told Karen that I was going to drive her car because I didn't want her driving because she was hysterical. So we got in her car, and then Kerry Roberts called Karen, and then Karen was screaming and saying that she had cracked her tail light, "We need to go to Fairview, could I have hit him? Did I hit him?" And then she would just scream our names. Kerry was telling her to shut up, that we needed to just go back to — — John's. "We'll drive in one car and let's go to John's. Maybe he's there and he's passed out." Trial 1 · Day 14 · Direct examination Recounted telling Read she had seen her outside her sister's house, prompting Read to say she did not remember being there and to ask whether she could have hit him. I had told her, "Karen, I saw you guys outside of um, my sister's house." And then she told me she didn't remember being there. And then she went on to say, she started saying, "Could I have hit him? Did I hit him? I don't." Trial 2 · Day 6 · Direct examination Described opening her door to Read screaming her name and demanding they go to Fairview. I go to my front door and I open it and she's screaming, "Jen, Jen." Um, she's screaming that three times. And then she was saying, "We have to — we have to go to Fairview." Trial 2 · Day 6 · Direct examination Recounted deciding to drive because Read seemed too hysterical, and seeing a car arrive at the end of her street behind a plow. we walked down, we went down my walkway. She was just kind of running all around. Um, the car, the driver's door was open, so I told her I was going to drive because I thought she was too hysterical to drive. In the meantime, all of a sudden, there was a car at the end of my street and there was a plow behind it. Trial 2 · Day 6 · Direct examination Confirmed getting into Read's car as the driver to begin the drive. QDid you get into the defendant's car? AYes, we did. I got in the car with um Miss Read. Trial 2 · Day 6 · Direct examination Said she followed Roberts's direction to drive to the Meadows rather than Fairview. I just listened. Kerry — Kerry's kind of a take charge person. She said we're going to Meadows. So, I said, "Okay." I drove to Meadows. Trial 2 · Day 6 · Direct examination Stated that Read arrived at her house. Um, Karen showed up at my house. Trial 2 · Day 6 · Direct examination

~6:03a O'Keefe found unresponsive in the snow

Around dawn, Kerry Roberts, Jennifer McCabe, and Karen Read found John O'Keefe lying in the snow outside 34 Fairview Road during near-blizzard conditions; he had no pulse, and Roberts began CPR. Witnesses disputed what Read said at the scene, with some first responders recalling "I hit him" repeated aloud while others, and the defense, recalled only questions like "Did I hit him?"

🗣️ Kerry Roberts Witness

Described beginning chest compressions, calling for 911, and Read attempting mouth-to-mouth on O'Keefe at the scene.

So I started to do chest compressions and I yelled to Jen and told her to call 911. Karen was trying to do mouth-to-mouth. Trial 2 · Day 2 · Direct examination
+7 more from Roberts
Recalled retrieving blankets and wrapping them around the snow-covered O'Keefe in an attempt to warm him. So I yelled to Jen to get the blankets. I don't know what I thought I was doing with blankets, but I wrapped them around his head just thinking we're trying to warm him up. He was covered in snow. Trial 2 · Day 2 · Direct examination Recalled Read's words at the scene as questions, asking "Did I hit him?" and "Is he dead?", the version that competes with a flat confession. She was running around and saying, "Did I hit him? Did I hit him? Is he dead? Is he dead?" Trial 2 · Day 2 · Direct examination Described brushing snow from O'Keefe's face and finding his right eye severely swollen, indicating he had lain in the snow. When I brushed the snow off his face, his left eye was fine. It had an ice cube on it that I pulled off, but the right eye was out to here like — like a golf ball. Trial 2 · Day 2 · Direct examination Recalled Read suddenly saying "there he is" and kicking the car door to get out as the body was spotted. all of a sudden Karen said there he is, there he is, let me the f*** out of this car, and she started kicking the door. Trial 1 · Day 16 · Direct examination Described directing Read off O'Keefe to begin chest compressions while Read performed mouth-to-mouth and McCabe called 911. Karen was laying on top of him, and I told her to get off him because I was going to do CPR, and I said, "Jen, you need to call 911." Um, and I started CPR on his chest — compressions — and then Karen was giving him mouth to mouth. Trial 1 · Day 16 · Direct examination Recalled telling McCabe that Read seemed crazy as Read ran toward a mound of snow. I looked at Jen and I said, "She's crazy." And then I turned around and watched, and she ran over to a mound of snow. Trial 2 · Day 1 · Direct examination Described realizing the snow mound Read ran to was the length of a body. once she got to it, you could tell it was a mound of snow. That was the length of — what? A body. Trial 2 · Day 1 · Direct examination
🗣️ Jennifer McCabe Witness

Testified that Read told a first responder "I hit him" three times at the scene.

She told the first responder, "I hit him. I hit him. I hit him." Trial 2 · Day 7 · Direct examination
+5 more from McCabe
🗣️ Tim Nuttall Witness

Described the dispatch as reporting an unresponsive male in a snowbank at 34 Fairview Road with little further information.

The overhead dispatch came in as an unresponsive male in a snowbank at 34 Fairview Road, outside — unclear any further information. Trial 1 · Day 2 · Direct examination
+4 more from Nuttall
👮 Steven Mullaney Law Enforcement

Recalled Read screaming "Is that my boyfriend? Is he dead?" at the discovery scene.

She was screaming, "Is that my boyfriend? Is he dead?" Trial 1 · Day 2 · Direct examination
👮 Yuri Bukhenik Law Enforcement

Relayed Read's account to investigators that she woke, searched for O'Keefe, found him in the snow, and began CPR.

She stated that when she woke up she began looking for Mr. O'Keefe, and when she found him in the snow she began CPR on Mr. O'Keefe. Trial 1 · Day 20 · Direct examination
👮 Sean Goode Law Enforcement

Logged a 6:04 a.m. 911 call from a woman at 34 Fairview, fixing the approximate time of discovery.

At 6:04 a.m. on the 911 dispatch console, I received a call from a woman at 34 Fairview. Trial 1 · Day 5 · Direct examination

I. Aftermath

~7:50a O'Keefe pronounced dead

John O'Keefe arrived at the hospital in cardiac arrest with a core body temperature near 80 degrees, a state clinicians described as extreme hypothermia. After roughly thirty minutes of resuscitation failed to warm or revive him, Dr. Justin Rice declared death at 7:50 a.m., and the medical examiner later certified the cause as blunt impact injuries of the head and hypothermia.

🔬 Irini Scordi-Bello Expert Witness

The cause of death could be determined from the autopsy, though additional information was needed before the manner of death could be certified.

I reached out because when the case was presented to us, and after I did the autopsy, I did not have all the information that I needed in order to certify the manner. The cause of death, to me — I was able to determine the cause of death from the autopsy. Trial 1 · Day 29 · Direct examination
+5 more from Scordi-Bello
The cause of death was blunt impact injuries of the head together with hypothermia. The cause of death was due to blunt impact injuries of the head and hypothermia. Trial 1 · Day 29 · Direct examination The cause of death was determined to be blunt impact injuries of the head and hypothermia. The cause of death was determined to be blunt impact injuries of head and hypothermia. Trial 2 · Day 16 · Direct examination A death certificate is issued immediately after the autopsy and is the document a family needs to make funeral arrangements. there is a death certificate that is issued immediately after the autopsy. The death certificate is a document that is necessary for the family in order to make funeral arrangements Trial 2 · Day 16 · Direct examination The cause of death was blunt impact injuries of the head and hypothermia. Cause of death was blunt impact injuries of head and hypothermia. Trial 1 · Day 28 · Direct examination The case was reported to the medical examiner's office as an individual found covered in snow, possibly outdoors for some time, prompting the question of whether signs of hypothermia were present. When the case was called into our office and when we accepted the case, it was reported to us that this was an individual that was found in the snow, covered with snow, and it appeared that he may have been there for a period of time. So one of the questions for me as a medical examiner is to determine whether there are any signs of hypothermia. Trial 1 · Day 28 · Direct examination
🔬 Justin Rice Expert Witness

O'Keefe arrived at the hospital in cardiac arrest, meaning his heart was no longer pumping blood and showed no electrical activity.

So he arrived in cardiac arrest, which by definition means that his heart was not autonomously or independently pumping blood — or, in his case, without electrical activity of the heart Trial 1 · Day 18 · Direct examination
+5 more from Rice
🗣️ Kerry Roberts Witness

Recalled that John O'Keefe's father mentioned a Dr. Rice and said they were trying to warm John up.

Mr. O'Keefe said something about a Dr. Rice and that they were trying to warm John up. Trial 2 · Day 2 · Direct examination

(later 1/29) Read's SUV seized and the investigation opens

State Police troopers, with Trooper Michael Proctor as case officer, drove to Dighton on January 29 to seize Read's Lexus SUV and her phone, towing the vehicle to the Canton Police Department. The recorded seizure time was disputed: warrant affidavits stated 5:30 p.m., while testimony and video placed the departure from Dighton near 4:16 p.m., a discrepancy Proctor attributed to a transcription error copied across his affidavits.

👮 Yuri Bukhenik Law Enforcement

Michael Proctor was the trooper on call before 7 a.m. on January 29.

Before 7 a.m. on the 29th, it was Michael Proctor that was assigned to be on call. Trial 2 · Day 12 · Direct examination
+16 more from Bukhenik
The 5:30 p.m. seizure time stated in the affidavits was inaccurate, learned later through video, and was never corrected. The actual time of the seizure through the video we learned much later. So the approximate time of 5:30, although inaccurate, I did not take any action to correct it. Trial 2 · Day 14 · Cross-examination While driving to Dighton, troopers contacted the Dighton Police Department to give notice that they would likely seize a vehicle and to request help arranging a local tow truck. On the way down, we contacted Dighton Police Department and gave them a heads up that we would be coming down for an investigation. And um we were looking to most likely seize a vehicle and we were requesting their assistance in contacting a local tow truck company Trial 2 · Day 12 · Direct examination After the Dighton interview concluded, Read was advised that her vehicle and cell phone were being seized. once the conversation concluded, the defendant was advised that her vehicle is being seized and her cell phone was also seized. Trial 2 · Day 12 · Direct examination Read provided her key fob, and the SUV was driven onto a flatbed tow truck, secured, and followed from Dighton to the Canton Police Department. The defendant provided her key card. It's like a credit card size key fob for the vehicle to allow the ignition to start. It was driven onto a flatbed tow truck, secured, and then we followed it from Dighton to the Canton Police Department. Trial 2 · Day 12 · Direct examination The SUV was loaded in Dighton at approximately 4:15 to 4:16 in the afternoon on January 29, 2022. It was approximately 4:16, 4:15 in the afternoon on the 29th of January, 2022. Trial 2 · Day 12 · Direct examination The seized SUV arrived at the Canton Police Department at 5:30 p.m. and was unloaded into the garage at 5:35. We arrived at the Canton Police Department at 5:30 and the vehicle was unloaded and placed into the garage at 5:35. Trial 2 · Day 12 · Direct examination Troopers spoke with Jennifer McCabe, then Matt McCabe, and then Brian Albert. We first spoke with Miss Jennifer McCabe. We then spoke with Mr. Matt McCabe, and then we spoke with Mr. Brian Albert. Trial 1 · Day 20 · Direct examination After the interview ended, Read was told that her phone and vehicle were being seized as evidence. Once the interview was terminated, I advised Miss Read that her phone was going to be seized as evidence, and her vehicle was going to be seized as evidence as well. Trial 1 · Day 20 · Direct examination The vehicle was transported by a tow truck dispatched by the Dighton Police Department at the troopers' request. The vehicle was transported via tow truck that was dispatched by Dighton PD on our request. Trial 1 · Day 20 · Direct examination A plow truck cleared the Dighton driveway while the tow truck loaded the vehicle onto a flatbed. I glanced out the window and I saw flashing amber lights and a tow truck plowing the driveway. So the driveway was plowed — and the tow truck was — excuse me, the plow truck was plowing the driveway, not the tow truck — and the tow truck was loading the vehicle onto the flatbed. Trial 1 · Day 20 · Direct examination Video was identified as showing the Dighton location where the interview took place and the vehicle was seized. I recognize it to be Dighton videos as it relates to the location where the interview and the vehicle was seized from. Trial 1 · Day 20 · Direct examination After leaving the Dighton residence, the troopers followed the tow truck back to the Canton Police Department. Once we left the residence in Dighton, we proceeded following the tow truck back to the Canton Police Department. Trial 1 · Day 20 · Direct examination Proctor was assigned as the case officer for the case. QI want to talk to you for a second about roles in this case, in this investigation. Would you agree with me that Michael Proctor was the lead investigator as well as the case agent in charge of this case? AHe was assigned as the case officer for the case. Trial 2 · Day 12 · Cross-examination The troopers left Dighton at approximately 4:15 to 4:20 and followed the vehicle to Canton, arriving around 5:30 p.m. We left Dighton approximately 4:15, 4:20, and we followed the vehicle back to Canton, arriving probably around 5:30 or so p.m. Trial 1 · Day 20 · Direct examination Seeing actual damage on the vehicle, combined with Read's statements asking whether she could have hit O'Keefe, focused the investigation on Read. seeing for myself that there was actual damage uh, coupled with the statements made — "Did I hit him? Could I have hit him?" — uh, along with my observation of the vehicle, uh, my focus began to concentrate on the defendant. Trial 2 · Day 14 · Redirect examination Trooper Michael Proctor was the case officer on the investigation. The case officer on this investigation was Trooper Michael Proctor. Trial 1 · Day 20 · Direct examination
👮 Michael Proctor Law Enforcement

Troopers spoke with Matthew and Jennifer McCabe and with Brian Albert.

We spoke with Matthew and Jennifer McCabe, as well as Brian Albert. Trial 1 · Day 22 · Direct examination
+5 more from Proctor
While driving to Dighton, troopers contacted the local police department as a courtesy and to coordinate a plow truck and potentially a tow truck. As we were driving to Dighton, we contacted the Dighton Police Department — just for a couple of reasons. One, it's a common courtesy — if we're in another town we just kind of give the local PD a heads up. But also we needed to coordinate a plow truck and potentially a tow truck as well. Trial 1 · Day 22 · Direct examination After confirming the phone Read was holding was hers, troopers seized it and planned to write a search warrant for it. After confirming the phone Miss Read was holding was in fact hers, we seized the phone and we'd be writing a search warrant for that. Trial 1 · Day 22 · Direct examination The SUV was followed from the Dighton address to the Canton Police Department, where it was secured in the sallyport bay. We followed the tow truck from the address in Dighton to the Canton Police Department, where it was secured in the sallyport bay. Trial 1 · Day 22 · Direct examination On direct examination, the troopers left Dighton around 4:16 p.m. and arrived at the Canton police department at approximately 5:31 p.m. We left Dighton around 4:16 p.m. and arrived in Canton at the police department at approximately 5:31 p.m. Trial 1 · Day 22 · Direct examination The incorrect seizure time appeared on the first affidavit and was carried forward as a template into later search warrants without being caught. When I incorrectly transcribed the times, it was on the first affidavit I had written, and then as I continued to write other search warrants, I used that as a template, so I never caught it Trial 1 · Day 23 · Cross-examination
👮 Brian Tully Law Enforcement

The troopers were following a tow truck carrying Read's vehicle from Dighton to Canton.

They were following a tow truck that was towing Miss Read's vehicle from Dighton to Canton. Trial 1 · Day 23 · Direct examination