Trial 1 Transcript Paul O'Keefe
Trial 1 / Day 1 / April 29, 2024
6 pages · 3 witnesses · 1,455 lines
Trial 1 opens with dueling opening statements and testimony from the O'Keefe family and first responder Officer Saraf, establishing the prosecution's physical evidence and the defense's framing theory.
1 2:36:19

MR. LALLY: Yes, the Commonwealth calls Mr. Paul O'Keefe to the stand.

2 2:36:53
3 2:36:57

COURT CLERK: The evidence you shall give the court and jury in the case now hearing, the truth, the whole truth, and nothing but the truth, so help you God?

4 2:37:11

MR. O'KEEFE: Yes, I do.

5 2:37:12

COURT CLERK: Thank you. You may take the stand.

6 2:37:16

COURT OFFICER: You can put this one down.

7 2:37:18

JUDGE CANNONE: Anytime you're ready, Mr. Lally.

8 2:37:20

MR. LALLY: Good afternoon, sir.

9 2:37:22

MR. O'KEEFE: Good afternoon.

10 2:37:23

MR. LALLY: Could you please state your name and spell your last name for the record?

11 2:37:29

MR. O'KEEFE: Paul O'Keefe. Last name: O, apostrophe, capital K, e, e, f.

12 2:37:34

MR. LALLY: And where do you live, sir?

13 2:37:37

MR. O'KEEFE: I live in West Bridgewater, Massachusetts.

14 2:37:39

MR. LALLY: And how long have you lived there?

15 2:37:42

MR. O'KEEFE: About 10 years.

16 2:37:44

MR. LALLY: And who, if anyone, do you live there with?

17 2:37:48

MR. O'KEEFE: My wife, Erin, and two children.

18 2:37:50

MR. LALLY: And how old are your children?

19 2:37:53

MR. O'KEEFE: 13 and 10.

20 2:37:54

MR. LALLY: And both daughters, is that correct?

21 2:37:57

MR. O'KEEFE: Correct.

22 2:37:58

MR. LALLY: And how long have you and your wife been together?

23 2:38:02

MR. O'KEEFE: 24 years total, married for 17, almost.

24 2:38:05

MR. LALLY: What is your wife's name?

25 2:38:07

MR. O'KEEFE: Erin.

26 2:38:08

MR. LALLY: And where did you grow up?

27 2:38:11

MR. O'KEEFE: Braintree, Massachusetts.

28 2:38:11

MR. LALLY: And what are your parents' names?

29 2:38:14

MR. O'KEEFE: My father is John, mother is Margaret.

30 2:38:17

MR. LALLY: And did you have any siblings?

31 2:38:20

MR. O'KEEFE: Two, yes — my sister Kristen and, excuse me, brother John.

32 2:38:25

MR. LALLY: And what was sort of the order and age as far as the siblings?

33 2:38:32

MR. O'KEEFE: My sister was the oldest, my brother was the middle, I'm the youngest. So my sister was five years older than me and my brother was three and a half years older than me.

34 2:38:47

MR. LALLY: And do you work, sir?

35 2:38:49

MR. O'KEEFE: I do.

36 2:38:50

MR. LALLY: What do you do for work?

37 2:38:53

MR. O'KEEFE: I'm in sales for a company, Simmons Industries, which is a manufacturer of plumbing products.

38 2:39:00

MR. LALLY: How long have you been doing that?

39 2:39:03

MR. O'KEEFE: 12 years now.

40 2:39:05

MR. LALLY: Does your wife work as well?

41 2:39:06

MR. O'KEEFE: She does.

42 2:39:07

MR. LALLY: What does she do?

43 2:39:08

MR. O'KEEFE: She's in marketing. She works for a mechanical contractor out of Randolph.

44 2:39:12

MR. LALLY: About how long has she been doing that?

45 2:39:15

MR. O'KEEFE: She's been with her company for a year and a half now. Before that, she had a job working out of Boston for about 13 years.

46 2:39:23

MR. LALLY: And your brother John — did you call him John, or was there another nickname or anything else that you referred to him?

47 2:39:30

MR. O'KEEFE: I mean, we all called him Johnny, especially in the family.

48 2:39:33

MR. LALLY: And what did Johnny do for work?

49 2:39:35

MR. O'KEEFE: Boston police.

50 2:39:36

MR. LALLY: How long was he a member of the Boston police?

51 2:39:39

MR. O'KEEFE: 16 years.

52 2:39:40

MR. LALLY: And within the Boston police, where specifically did he sort of work?

53 2:39:44

MR. O'KEEFE: He started in Hyde Park, Mattapan area, which I believe is E18, and transferred over to Dorchester, which is C11, and then downtown Boston, in the store unit, which is the Sex Offender registry unit.

54 2:39:55

MR. LALLY: And when was it about that he started with the Sex Offender registry?

55 2:40:02

MR. O'KEEFE: So after my sister had passed away in 2013, her husband passed away two months after that. My brother took on responsibility of raising our niece and nephew, and so the Boston police, to ensure that he was safe and protected, moved him to that unit in 2014.

56 2:40:30

MR. LALLY: And I'm sorry to ask you this — your sister passed away in 2013, is that correct?

57 2:40:40

MR. O'KEEFE: Correct.

58 2:40:41

MR. LALLY: And what did your sister Kristen pass away from?

59 2:40:46

MR. O'KEEFE: She had an aggressive brain tumor, which is called glioblastoma.

60 2:40:52

MR. LALLY: And about how much time was it between the time that she received the diagnosis?

61 2:41:01

MR. O'KEEFE: Five and a half months.

62 2:41:04

MR. LALLY: And so you mentioned that you had a brother-in-law, Kristen's husband, is that correct?

63 2:41:12

MR. O'KEEFE: Correct.

64 2:41:12

MR. LALLY: Stephen Furbush?

65 2:41:14
66 2:41:14

MR. LALLY: And when was it that he passed, in relation to —?

67 2:41:21

MR. O'KEEFE: Two months later, which was January 12th, 2014.

68 2:41:25

MR. LALLY: And they — and by "they" I mean Kristen and Stephen Furbush — they had two children, is that correct?

69 2:41:37

MR. O'KEEFE: Yes, two children. Kaylee and Patrick.

70 2:41:41

MR. LALLY: Which one is older?

71 2:41:42

MR. O'KEEFE: Kaylee's the older. Patrick's a couple years younger, about three years.

72 2:41:45

MR. LALLY: How old are they now?

73 2:41:46

MR. O'KEEFE: Kaylee is 16 and Patrick is 13.

74 2:41:48

MR. LALLY: And you mentioned — so initially, when your sister Kristen passed away, what was sort of the family's plan as far as Kaylee and Patrick were concerned?

75 2:41:56

MR. O'KEEFE: Can you repeat that?

76 2:41:57

MR. LALLY: Sure. So initially, when your sister Kristen passed away and her husband Stephen was still alive, what was sort of the initial plan as far as the children were concerned?

77 2:42:06

MR. O'KEEFE: We were kind of in scramble mode to figure out how we were going to move forward. My wife and I talked about having the kids come live with us. We had two small children at the time — three and eight months were my children. We didn't have a large enough house to take on two other children. So my brother stepped in, moved into the house in Canton, and raised them for eight years.

78 2:42:28

MR. LALLY: And so around this time of 2013, your sister Kristen and her husband Stephen's children — about how old were they at this time that Johnny sort of took over?

79 2:42:56

MR. O'KEEFE: Kay was six, Patrick was three.

80 2:43:02

MR. LALLY: Now, when your brother Johnny sort of took over — what, if any, legal relationship did he have to your niece and nephew?

81 2:43:25

MR. O'KEEFE: He was made a legal guardian.

82 2:43:28

MR. LALLY: And where did he move from and where did he move to when he assumed that?

83 2:43:36

MR. O'KEEFE: So he was living in Dorchester, in a condo. He was living by himself, so he pretty much moved into my sister and brother-in-law's house in Canton. Lived there for, I want to say, four years, until he sold the house and bought a different house, which is also located in Canton.

84 2:44:04

MR. LALLY: Now, the initial house that your sister Kristen and her husband Stephen lived in with Kaylee and Patrick — about how long had they been living there before your brother Johnny moved in?

85 2:44:22

MR. O'KEEFE: They were probably there for five or six years prior to that.

86 2:44:28

MR. LALLY: Where had your sister Kristen and the children lived prior to moving into that house?

87 2:44:36

MR. O'KEEFE: So Kristen and Steve actually moved in with Johnny in Dorchester when Kaylee was just a baby, lived with him for approximately a year before they bought their home in Canton.

88 2:44:53

MR. LALLY: Now, you mentioned that at some point your brother bought a second house in Canton, moved in there with the kids — is that right?

89 2:45:05

MR. O'KEEFE: Correct.

90 2:45:05

MR. LALLY: Around what time was that?

91 2:45:08

MR. O'KEEFE: I want to say 2017 or 2018 time frame.

92 2:45:12

MR. LALLY: And they lived there up through sort of January 28th, 29th of 2022, is that correct?

93 2:45:20

MR. O'KEEFE: Correct.

94 2:45:21

MR. LALLY: Now, around that particular time of January 2022, about how often did you see your brother Johnny and the kids?

95 2:45:31

MR. O'KEEFE: I would say probably every other week, twice a month.

96 2:45:36

MR. LALLY: And your brother in particular — how often would you communicate with him during that time?

97 2:45:44

MR. O'KEEFE: Communicate regularly, mostly through text messaging, a couple days a week, I would say.

98 2:45:51

MR. LALLY: Now, over the course of time — said about eight years or so — that Johnny had sort of custody of Kay and Pat, correct?

99 2:46:00

MR. O'KEEFE: Correct.

100 2:46:00

MR. LALLY: And over that course of time, about how many long-term relationships — well, let me phrase this question first: about how many long-term relationships did your brother Johnny have with women over the course of that time? And before you get to that, if I could just ask you what your definition of a long-term relationship is.

101 2:46:22

MR. O'KEEFE: A long-term relationship is, you know, over a year.

102 2:46:25

MR. LALLY: And so how many of those types of dating relationships that lasted at least a year did your brother have during that time that he had the kids?

103 2:46:36
104 2:46:36

MR. LALLY: And who were those two individuals?

105 2:46:38

MR. O'KEEFE: Amy — Amy Fortney, and Karen Read.

106 2:46:41

MR. LALLY: And this other individual, Amy — about when was it that your brother dated her?

107 2:46:47

MR. O'KEEFE: 2016, 2017 time frame, I think.

108 2:46:49

MR. LALLY: And did this other woman that he dated named Amy — did she have children of her own?

109 2:46:56

MR. O'KEEFE: Yeah, she had two sons.

110 2:46:58

MR. LALLY: Now, you mentioned two — so, other than the name, who was the other one?

111 2:47:03

MR. O'KEEFE: Her two sons' names are Gabriel and Christian.

112 2:47:06

MR. LALLY: No, I'm sorry. Oh, I'm sorry. In reference to — you mentioned two women that your brother had dated for a long-term period, correct?

113 2:47:15

MR. O'KEEFE: Yes, correct.

114 2:47:16

MR. LALLY: And one of them was the woman Amy that you were just speaking about, correct?

115 2:47:22

MR. O'KEEFE: Correct.

116 2:47:22

MR. LALLY: Okay. And who was the second one?

117 2:47:25

MR. O'KEEFE: Karen Read.

118 2:47:26

MR. LALLY: And is Karen Read someone that you had met through the course of your brother dating her?

119 2:47:32
120 2:47:33

MR. LALLY: For the record, do you see Miss Read in the courtroom today? Could you identify as to where she is seated, or an article of clothing that she's wearing?

121 2:47:49

MR. O'KEEFE: Yep, she is seated right there, between Mr. Yannetti and Mr. Jackson.

122 2:47:56

MR. LALLY: I ask the record reflect the identification of the defendant by the witness. [No objection.]

123 2:48:05

JUDGE CANNONE: So noted.

124 2:48:06

MR. LALLY: Mr. O'Keefe, when was it that you first met Karen?

125 2:48:12

MR. O'KEEFE: I believe it was Mother's Day, so maybe May of 2020.

126 2:48:19

MR. LALLY: Now prior to that, uh, were you aware of any other time uh when Miss Read and your brother Johnny had dated in the past?

127 2:48:26

MR. O'KEEFE: They dated uh very briefly in 2004.

128 2:48:28

MR. LALLY: And had you had occasion to meet her during that brief period where they dated in 2004?

129 2:48:33

MR. O'KEEFE: I did not meet her back then, no.

130 2:48:36

MR. LALLY: And so the first time you met her would have been sometime in the spring of 2020, correct?

131 2:48:41

MR. O'KEEFE: Correct.

132 2:48:41

MR. LALLY: And what was your understanding as far as uh when they had reconnected or gotten back together uh in reference to when you met her?

133 2:48:49

MR. O'KEEFE: They uh reconnected — I believe my brother reached out to her uh in March of 2020, um, right at the beginning of COVID. Uh, I think he reached out to her via uh Facebook Messenger and then um, you know, text, and they resumed some kind of relationship.

134 2:49:04

MR. LALLY: And you had occasion to uh to meet or see Karen Read over the course of — hang out with your brother at various occasions, correct?

135 2:49:13

MR. O'KEEFE: Correct, yep.

136 2:49:14

MR. LALLY: Now about how often would you see Miss Read — would it be the same, more or less, than when you saw your um—

137 2:49:23

MR. O'KEEFE: Almost the same, maybe a little less. If, you know, if my brother was just — it was just him and I or his friends, but uh for the most part um he was with Karen.

138 2:49:36

MR. LALLY: And as far as your understanding, what was sort of the um living arrangements uh with regard to Miss Read and and your brother?

139 2:49:45

MR. O'KEEFE: She has her own home in Mansfield, Massachusetts. Um, she would stay at my brother's house in Canton — I would say three, maybe four nights a week.

140 2:49:56

MR. LALLY: And that would be at your brother's house with both he and and your niece and nephew, correct?

141 2:50:01

MR. O'KEEFE: Correct.

142 2:50:01

MR. LALLY: Now with regard to — you mentioned that they reconnected sometime around the COVID-19 pandemic, is that correct?

143 2:50:07

MR. O'KEEFE: Uh, yes, correct.

144 2:50:08

MR. LALLY: And with regard to uh your brother and uh the defendant Miss Read and the children, what was sort of going on as far as school and work with regard to the pandemic, with regard to each of—

145 2:50:19

MR. O'KEEFE: So that was a a period of time when um schools were closed and kids had to do remote learning, so Kaylee and Patrick were both at home um remote learning, and my brother um, you know, didn't have a job where he can work remote, so he had to go into the office. And uh most of the time Karen would be at home with the kids during the day while she worked remotely.

146 2:50:43

MR. LALLY: Now you mentioned uh earlier that your brother had a a legal guardianship role with regard to the children, correct?

147 2:51:03

MR. O'KEEFE: Correct, yes.

148 2:51:05

MR. LALLY: What if any legal status or role did the defendant have with regard to the children?

149 2:51:21

MR. O'KEEFE: She didn't have any.

150 2:51:26

MR. LALLY: Now with regard to uh your brother and the defendant's relationship, uh what if any conversations uh did you have with your brother in regard to the status of their relationship or any issues in their relationship?

151 2:51:43

MR. O'KEEFE: He didn't say too much. Um, if they were arguing, you know, he might, you know, give reference that they were arguing — didn't really tell me what they were arguing about, but um mostly kept that stuff to himself.

152 2:52:01

MR. LALLY: Um, what if anything did he mention to you as far as reasons for an argument or sort of points of contention?

153 2:52:12

MR. O'KEEFE: He didn't like um, you know, if she'd spend a lot of money on the kids for gifts, or you know um, I know there was some arguments over um, you know, what she fed them, whether it's, you know, Dunkin' Donuts or or whatnot, but those things along those lines.

154 2:52:36

MR. LALLY: Now what if any occasions, as far as their arguing or anything like that, did you observe personally yourself?

155 2:52:42

MR. O'KEEFE: Yeah, I witnessed — so they had rented um a house down in Cape Cod. Say that was um the summer of 2021. Um, I brought my two daughters down um for a couple nights and uh I witnessed uh, you know, one intense um fight um between the two of them.

156 2:53:00

MR. LALLY: And as far as a fight as you're characterizing that — was that anything physical or just verbal?

157 2:53:06

MR. O'KEEFE: No, it was verbal — verbal argument.

158 2:53:08

MR. LALLY: And uh what if anything was that verbal argument about?

159 2:53:12

MR. O'KEEFE: Uh, it's hard to recall. I mean, you know, I guess like typical couples fighting — there was um, alcohol had been involved. Um, I recall her complaining that, you know, he wasn't nice to her, you know, something to that effect, and um, I was kind of the referee in that uh entire situation.

160 2:53:31

MR. LALLY: Now when you make reference to alcohol involved, is that one or both?

161 2:53:39

MR. O'KEEFE: Uh, both.

162 2:53:40

MR. LALLY: Both your brother and the defendant, correct?

163 2:53:44

MR. O'KEEFE: Correct.

164 2:53:45

MR. LALLY: Now if I could turn your attention to um New Year's, uh, and specifically New Year's Eve going from um 2021 into 2022 — you recall that time?

165 2:54:37

PARENTHETICAL: [sidebar — approximately 2 minutes]

166 2:54:03

MR. O'KEEFE: I do.

167 2:54:04

MR. LALLY: And do you recall where you and your family were uh for that sort of New Year's celebration?

168 2:54:16

MR. O'KEEFE: Yeah, so I was uh with uh my wife and her family. Uh, we went to Aruba uh the day after Christmas uh in celebration of um my wife's mother's uh 70th birthday.

169 2:54:37

JUDGE CANNONE: Mr. Lally, does it make sense that I give an instruction at this point? Um, I'm going to see counsel at sidebar.

170 2:56:38

MR. LALLY: Sorry. Okay. Um, so during that New Year's Eve you were in Aruba uh for your wife's mother's 70th birthday, correct?

171 2:56:44

MR. O'KEEFE: Correct.

172 2:56:44

MR. LALLY: And uh was your brother Johnny — was he also in Aruba around that same time?

173 2:56:49
174 2:56:49

MR. LALLY: And your resort and your brother's resort — where were they in relation to each other?

175 2:56:54

MR. O'KEEFE: Um, they were pretty much on opposite sides of the island.

176 2:56:57

MR. LALLY: And uh at any point in time when you were in Aruba did you see your brother uh at any point?

177 2:57:03

MR. O'KEEFE: Unfortunately we did not.

178 2:57:04

MR. LALLY: Now you mentioned that you were there with your wife and your children — is that correct?

179 2:57:09

MR. O'KEEFE: Okay.

180 2:57:09

MR. LALLY: Do you know who your brother was in Aruba with around that same time?

181 2:57:13

MR. O'KEEFE: Uh, he was with Karen Read and brought the kids, so Kaylee and Patrick were with him. Um, they were also with a large group, um, many other couples and families.

182 2:57:23

MR. LALLY: You know who was sort of the primary organizer of of that group that your brother was with?

183 2:57:31

MR. O'KEEFE: Yes. Uh, a friend of ours, um, Laura Sullivan.

184 2:57:36

MR. LALLY: And how did you know Laura Sullivan?

185 2:57:39

MR. O'KEEFE: I knew Laura um through my brother. Um, she had um dated um my brother's um partner and one of his best friends, um, Pat Rogers.

186 2:57:52

MR. LALLY: And uh did Miss Sullivan and Mr. Rogers have a child together?

187 2:57:58

MR. O'KEEFE: Yes — and a boy.

188 2:58:01

MR. LALLY: And at some point did Mr. Rogers pass away?

189 2:58:05
190 2:58:06

MR. LALLY: What was sort of the relationship between your brother and Miss Sullivan in relation to Mr. Rogers's child?

191 2:58:15

MR. O'KEEFE: Uh, Johnny was — so she has uh son Benjamin, who Johnny is uh Godfather to.

192 2:58:21

MR. LALLY: And sort of towards the end of your stay in Aruba, um, with regard to the pandemic, what if anything happened uh to you or any other member of the family?

193 2:58:34

MR. O'KEEFE: So my older daughter um tested positive for COVID, um, so her and I kind of got left behind, stayed for an extra three, four days I believe.

194 2:58:45

MR. LALLY: So after you returned uh from Aruba, uh, at some point uh were you and your brother trying to make plans to connect or or to hang out or see each other at some point in January 2022?

195 2:59:00

MR. O'KEEFE: Uh, yes. We were actually planning on uh getting together on January 29th.

196 2:59:06

MR. LALLY: And do you recall what day of the week that was?

197 2:59:10

MR. O'KEEFE: That was a Saturday.

198 2:59:11

MR. LALLY: And why was it Saturday — why were you sort of targeting Saturday as a—

199 2:59:17

MR. O'KEEFE: No work, um, kids didn't really have much on the schedule.

200 2:59:21

MR. LALLY: By that you mean your kids as well as—

201 2:59:25

MR. O'KEEFE: Correct, yes.

202 2:59:25

MR. LALLY: And then what if anything uh occurred with reference to those plans as far as them coming to fruition?

203 2:59:33

MR. O'KEEFE: Uh, big snow storm hit um the area and um, you know, we said it's probably better if we just stay home and off the roads, so we kind of canceled um getting together the day before.

204 2:59:47

MR. LALLY: So you initially had plans for the 29th but canceled it the day before, on the 28th, correct?

205 2:59:54

MR. O'KEEFE: Correct.

206 2:59:54

MR. LALLY: So this snowstorm that you were talking about that was coming in — is that something that you and and your brother were aware of prior uh prior to that day it happened?

207 3:00:05
208 3:00:05

MR. LALLY: And was that something — where did you learn about that?

209 3:00:09

MR. O'KEEFE: Uh, in the news.

210 3:00:10

MR. LALLY: Sort of all over the news?

211 3:00:12

MR. O'KEEFE: Fair, correct, yes.

212 3:00:13

MR. LALLY: And as far as um — did either you, your children, or or John's uh children — for lack of a better term, niece and nephew — were there any sort of planned activities for that day that got canceled because of the weather?

213 3:00:28

MR. O'KEEFE: No. Um, on that Saturday the 29th, um, I mean I think everything was pretty much canceled. I don't know

214 3:00:35

MR. O'KEEFE: Anything specific — my daughters had basketball on Friday night, the night before, but we didn't really have any plans for the children on Saturday.

215 3:00:43

MR. LALLY: Now, turning your attention to that day — the 28th — so the day before, that was a Friday. Is that correct?

216 3:00:51

MR. O'KEEFE: Yes. Correct.

217 3:00:51

MR. LALLY: And you mentioned that your daughters had basketball that evening. Is that correct?

218 3:00:56

MR. O'KEEFE: Correct.

219 3:00:56

MR. LALLY: And what if any role do you have in regard to your daughters' basketball?

220 3:01:01

MR. O'KEEFE: I coached — I coached both of their teams.

221 3:01:04

MR. LALLY: And so you coached two games that Friday night. Correct?

222 3:01:08

MR. O'KEEFE: Correct.

223 3:01:08

MR. LALLY: And about what time — if you know — did you sort of get home from all of that?

224 3:01:15

MR. O'KEEFE: First game was at 6, second game was at 7:15, so we got home around 8:30.

225 3:01:21

MR. LALLY: And your wife was with you at both of your daughters' games. Correct?

226 3:01:25

MR. O'KEEFE: Correct.

227 3:01:26

MR. LALLY: And when you got home, had the snow that had been predicted — had it started at that point where you were?

228 3:01:34

MR. O'KEEFE: I noticed the first flurries sometime between 10:30 and 11 p.m.

229 3:01:38

MR. LALLY: And if you know, approximately what time did you go to bed?

230 3:01:43

MR. O'KEEFE: Right around probably midnight.

231 3:01:44

MR. LALLY: And your wife Aaron — did she go to bed the same time as you?

232 3:01:50

MR. O'KEEFE: I think she went to bed a little before me. Yes.

233 3:01:54

MR. LALLY: Now, earlier in that day — that Friday the 28th — what if any conversation, by any means, did you have with your brother John?

234 3:02:04

MR. O'KEEFE: My last communication with him was on a group text exchange that included myself, Karen Read, and my mother. And he was excited because our niece Kaylee had gotten accepted to Bishop Feehan High School — so he was happy, proud dad moment. And then Patrick's National Math scores came back and he scored extremely high, so he was extremely proud of Patrick that day as well.

235 3:02:35

MR. LALLY: And your brother John sent that to the group, which included yourself, your mother, and Miss Read. Correct?

236 3:02:43

MR. O'KEEFE: Correct.

237 3:02:44

MR. LALLY: And your niece Kaylee — as far as what grade was she in and what grade was she going into, as far as that application?

238 3:02:56

MR. O'KEEFE: So she was 8th grade, going into 9th — freshman year in high school.

239 3:03:02

MR. LALLY: Now, you go to bed at some point in the evening of the 28th, and you woke up on the 29th — do you recall what woke you up that morning?

240 3:03:16

MR. O'KEEFE: Yes. My mother called me at 6:40 a.m.

241 3:03:20

MR. LALLY: Is that something typical?

242 3:03:22

MR. O'KEEFE: No. She called and just said something happened to your brother — they found him in the snow and they took him to the hospital.

243 3:03:33

MR. LALLY: And which hospital was it?

244 3:03:35

MR. O'KEEFE: Good Samaritan in Brockton, Massachusetts.

245 3:03:38

MR. LALLY: And at that point, what if any other sort of information did you have as to what had happened?

246 3:03:47

MR. O'KEEFE: I really didn't know much until I got to the hospital. While I was at the hospital, my cousin works 911 dispatch, so she came down because she had heard, and the only thing I was able to get was that he was cold and they needed to warm him up — but didn't have much information other than that.

247 3:04:10

MR. LALLY: So you got that information from your cousin when you got to the hospital. Correct?

248 3:04:16

MR. O'KEEFE: Correct.

249 3:04:16

MR. LALLY: That cousin — what was her name?

250 3:04:19

MR. O'KEEFE: Susanna Hensley.

251 3:04:19

MR. LALLY: If I could take you back to just prior — so you initially get the phone call from your mother. Is that correct?

252 3:04:28

MR. O'KEEFE: Correct.

253 3:04:29

MR. LALLY: That's about 6:40 in the morning. Correct?

254 3:04:32

MR. O'KEEFE: Correct.

255 3:04:32

MR. LALLY: And your wife Aaron is with you at that time. Is that correct?

256 3:04:37

MR. O'KEEFE: Correct.

257 3:04:38

MR. LALLY: And so you get that call — how quickly are you out the door?

258 3:04:43

MR. O'KEEFE: I jumped out of bed, got changed, brushed my teeth, and I was out the door.

259 3:04:50

MR. LALLY: And you drove from your house to the hospital?

260 3:04:53

MR. O'KEEFE: Yes. I drove myself from my house to Good Samaritan hospital.

261 3:04:58

MR. LALLY: And what kind of car did you have at that point, if you know?

262 3:05:03

MR. O'KEEFE: A Toyota 4Runner.

263 3:05:05

MR. LALLY: That's an SUV?

264 3:05:06

MR. O'KEEFE: That's an SUV. Yes.

265 3:05:07

MR. LALLY: What color was that?

266 3:05:09

MR. O'KEEFE: Black.

267 3:05:09

MR. LALLY: And as far as the road conditions, visibility — when you're driving from West Bridgewater to Brockton — what if anything did you observe as far as the road conditions?

268 3:05:22

MR. O'KEEFE: The driving was very poor that morning and just continued to get worse throughout the day. So it took me longer than usual — longer than it typically would — to drive that distance.

269 3:05:32

MR. LALLY: Now, as far as your parents were concerned, did they come to the Good Samaritan hospital as well?

270 3:05:38

MR. O'KEEFE: Yes. Our friend Kerry Roberts picked them up in Braintree and brought them to the hospital in Brockton.

271 3:05:44

MR. LALLY: And when you say "your friend Kerry Roberts," how do you know Kerry Roberts?

272 3:05:48

MR. O'KEEFE: So we grew up in Braintree — she grew up in Braintree as well — two years older than me — knew my brother — they actually went to homecoming together one year — and she also resides in Canton.

273 3:06:01

MR. LALLY: So she was someone who had grown up with you and your brother, was friends with you and also friends with your brother. Correct?

274 3:06:08

MR. O'KEEFE: Correct.

275 3:06:09

MR. LALLY: Now, as far as your arrival at the Good Samaritan — who arrived first? Was it you, your parents, or something else?

276 3:06:22

MR. O'KEEFE: I got there first.

277 3:06:25

MR. LALLY: And about how long was it, if you know, between the time that you got there and the time that your parents arrived?

278 3:06:39

MR. O'KEEFE: Probably about 45 minutes.

279 3:06:42

MR. LALLY: And when you arrived at the Good Samaritan Medical Center, where within the facility did you sort of go?

280 3:06:53

MR. O'KEEFE: Emergency room waiting area lobby.

281 3:06:57

MR. LALLY: And at some point, after your parents arrived, did you move from the waiting room area to somewhere else within the hospital?

282 3:07:05

MR. O'KEEFE: So when my parents arrived, they brought us in through the double doors into like a little family sitting room.

283 3:07:13

MR. LALLY: And about how long was it that you were in the family sitting room before you went somewhere?

284 3:07:21

MR. O'KEEFE: So we were in that waiting room — a doctor and nurse came in and told us that all their efforts to save my brother were unsuccessful and that he had passed away. And then asked if we wanted to go see him, to which we said yes. So we left that room and walked down the hallway to his hospital room.

285 3:07:46

MR. LALLY: And that doctor you spoke to — do you recall what the doctor's name was?

286 3:07:53

MR. O'KEEFE: Dr. Rice.

287 3:07:54

MR. LALLY: And when you say that "we went down to the room where your brother was" — was that everyone in the group?

288 3:08:04

MR. O'KEEFE: It was myself and my parents. Yes.

289 3:08:08

MR. LALLY: And Miss Roberts — did she go as well, or did she —

290 3:08:14

MR. O'KEEFE: No. She stayed out in the waiting area.

291 3:08:18

MR. LALLY: And as you were making your way down to the room where they had your brother, what if anything occurred along the way?

292 3:08:29

MR. O'KEEFE: So I noticed Karen Read was there. She was being restrained by hospital employees, and she was screaming out to us, asking if he was alive.

293 3:08:42

MR. LALLY: Is that something that she screamed out once, more than once, or something else?

294 3:08:46

MR. O'KEEFE: Several times.

295 3:08:47

MR. LALLY: Now, at some point you went into the room where your brother was. Correct?

296 3:08:52

MR. O'KEEFE: Correct.

297 3:08:52

MR. LALLY: And can you describe to the jury what you saw as far as your brother was concerned?

298 3:08:58

MR. O'KEEFE: He was pretty banged up. He had — His eyes had swelled up. He had a breathing tube — a mask anyway. Blood come down his nose, blood come down his mouth. But what really stood out to me was the eyes — it was almost as if there were ping-pong balls under his eyelids, they were that swollen.

299 3:09:18

MR. LALLY: Now, in addition to what you observed as far as his eyes — what if any other injuries did you observe on any other part of your brother?

300 3:09:39

MR. O'KEEFE: I noticed some markings on his arm. I mean, I didn't look at his lower torso area at all, because he was covered by a sheet. So most of the injuries that we observed was to the head area and face area.

301 3:10:12

MR. LALLY: And when you say "his arm" — do you recall whether that was one arm, both arms, or which arm in particular?

302 3:10:22

MR. O'KEEFE: He had markings on his right arm. I didn't notice anything on the other side.

303 3:10:30

MR. LALLY: You spent some time privately as a family with your brother. At some point you left. Is that correct?

304 3:10:35

MR. O'KEEFE: Yes. I would estimate we were probably in the room with him for about 20 minutes until we left.

305 3:10:40

MR. LALLY: And after about that 20 minutes, you come back out to the hallway — and where are you going?

306 3:10:46

MR. O'KEEFE: Yeah, we went back to the waiting area, you know, trying to figure out — can we leave, do we leave. So yes, we left. My mother drove with me. My father drove with Kerry Roberts. We went from the hospital at Good Samaritan in Brockton back to my brother's house in Canton.

307 3:11:01

MR. LALLY: And if I could just take you back for a moment — so as you exit the room where your brother is and come back out in the hallway, what if anything occurred at that point?

308 3:11:11

MR. O'KEEFE: Again, we saw Karen Read being restrained by hospital employees, screaming the same things: "Is he alive? Is he alive? Is he alive?"

309 3:11:18

MR. LALLY: You, at any point — either before or after — did you respond to any of that screaming that you heard from the defendant?

310 3:11:30

MR. O'KEEFE: Actually blew her a kiss.

311 3:11:32

MR. LALLY: Now, as far as your relationship with the defendant, Miss Read, prior to January 29, 2022 — how would you characterize —

312 3:11:44

MR. O'KEEFE: I thought we had a good relationship. I held her in very high regard. I thought she was a good influence on my niece and nephew. I appreciated all the help that she was — providing to my brother with the kids. We'd go out together as couples, a couple of times. She became very friendly with my wife, but I'd say overall we had a good relationship.

313 3:12:19

MR. LALLY: As far as those positive feelings that you had in relation to the defendant prior to January 29th, 2022, had you expressed those to either the defendant or any member of her family?

314 3:12:35

MR. O'KEEFE: Yes. So Christmas Eve of 2021 was the first time I met her parents. My brother hosted Christmas Eve at his house. I met Mr. and Mrs. Read. I offered to help Mrs. Read carry some things in from her car, and as we were walking to the car, I said, you know, I just want to tell you, I think your daughter's great — very appreciative of what she's done for the kids and helping my brother.

315 3:13:14

MR. LALLY: Now turning back to that day of January 29th, you go back out to the waiting area, is that correct?

316 3:13:22
317 3:13:22

MR. LALLY: And what if anything happened? What did you see or speak to when you got out there?

318 3:13:29

MR. O'KEEFE: I saw her father Bill Read come into the hospital. He was picking up Karen as we were pretty much exiting the hospital to head back to Canton.

319 3:13:41

MR. LALLY: And did you have any conversation with him?

320 3:13:44

MR. O'KEEFE: I did not.

321 3:13:45

MR. LALLY: Now, you indicated that you drove with your mother back to Meadow Ave. where your brother lived, is that correct?

322 3:13:53

MR. O'KEEFE: That's correct.

323 3:13:54

MR. LALLY: And Miss Roberts drove with your father back to the same location, is that correct?

324 3:14:00

MR. O'KEEFE: That is correct.

325 3:14:01

MR. LALLY: And as far as your understanding, sort of on the drive back — where were the kids? Where was Kaylee and Patrick?

326 3:14:11

MR. O'KEEFE: So Kaylee was picked up by Mike Camerano, who's Kaylee's best friend's father. Patrick was at a sleepover the night before, so he was still with the family at the house where he slept the night before.

327 3:14:33

MR. LALLY: And you mentioned that the drive from your house, from West Bridgewater to Brockton, was somewhat difficult, correct?

328 3:14:45

MR. O'KEEFE: Very difficult.

329 3:14:46

MR. LALLY: How would you characterize the drive from Brockton to your brother's house in Canton?

330 3:14:55

MR. O'KEEFE: At one point I said to my mother, "I don't know if we're going to make it back." Visibility was terrible, couldn't see the roads. We made it back. It was just a very, very difficult — just the visibility — probably the worst driving conditions I've driven in as far as weather.

331 3:15:19

MR. LALLY: And so then at some point, you and your vehicle, Miss Roberts and hers, and your parents, you arrive at your brother's house in Canton, correct?

332 3:15:31

MR. O'KEEFE: That's correct.

333 3:15:31

MR. LALLY: Know about what time of day that was?

334 3:15:35

MR. O'KEEFE: It was mid-morning, so maybe between 10 and 11 o'clock in the morning.

335 3:15:41

MR. LALLY: And was there anybody present at the house when you arrived there?

336 3:15:47
337 3:15:47

MR. LALLY: And at some point did other people come over — as far as specifically I'm asking about the children?

338 3:15:56

MR. O'KEEFE: Yes. So Kaylee was dropped off shortly after we arrived, and then a little while after that Patrick was dropped off from his sleepover.

339 3:16:08

MR. LALLY: And at some point you were tasked with informing the children what happened to your brother, correct?

340 3:16:16

MR. O'KEEFE: Correct.

341 3:16:17

MR. LALLY: At some point after you left the hospital in Brockton, what if any phone calls did you receive in relation to the defendant, Miss Read?

342 3:16:29

MR. O'KEEFE: Karen Read called me. Asked me if it was okay to come over to see the kids. And I said sure.

343 3:16:40

MR. LALLY: And do you know how long that phone call went on for?

344 3:16:45

MR. O'KEEFE: It was a quick phone call, maybe a minute. She just asked if she could come over and I said sure. And then she arrived at the house shortly thereafter.

345 3:16:59

MR. LALLY: When you initially arrived at the house along with your parents and Miss Roberts and her vehicle, what if any other vehicles did you observe sort of in the driveway at that time?

346 3:17:15

MR. O'KEEFE: I noticed I think my brother's car. I mean, I don't even recall seeing any other cars. There could have been a car in the garage, but I didn't notice. Really nothing stands out.

347 3:17:27

MR. LALLY: What kind of car did your brother have?

348 3:17:29

MR. O'KEEFE: Chevy Traverse.

349 3:17:30

MR. LALLY: What color was that, if you know?

350 3:17:33

MR. O'KEEFE: Like gray.

351 3:17:33

MR. LALLY: And if you recall, when you first sort of arrived there, where was that vehicle parked in relation to the driveway?

352 3:17:41

MR. O'KEEFE: I believe it was the right side of the driveway, all the way down to the end — like the top of the driveway.

353 3:17:49

MR. LALLY: All right, now you have the phone call with the defendant, you indicate it's fine for her to come over. About how long was it after receiving that phone call when Miss Read arrived?

354 3:18:02

MR. O'KEEFE: 20 to 30 minutes, maybe.

355 3:18:04

MR. LALLY: And when she arrived at your brother's house, who if anyone was she with?

356 3:18:11

MR. O'KEEFE: She was with her father.

357 3:18:14

MR. LALLY: And at some point was there anyone else from her family that came over to the house that morning?

358 3:18:23

MR. O'KEEFE: Her brother and his wife showed up shortly after she arrived with her father.

359 3:18:30

MR. LALLY: And how many cars, if you know, came in?

360 3:18:35

MR. O'KEEFE: They each took separate vehicles, so two cars arrived.

361 3:18:39

MR. LALLY: And Miss Read's vehicle — do you know where that vehicle was in relation to your brother's house at that time?

362 3:18:50

MR. O'KEEFE: It was either in the driveway or in the garage. I'm not positive.

363 3:18:55

MR. LALLY: So fair to say it was at the house?

364 3:18:59

MR. O'KEEFE: It was at the house, yes.

365 3:19:01

MR. LALLY: So between the Read family, there's three vehicles at your brother's house now, correct?

366 3:19:07

MR. O'KEEFE: Correct.

367 3:19:07

MR. LALLY: Now, the defendant — you mentioned that you'd met her father before on Christmas Eve, is that right?

368 3:19:15

MR. O'KEEFE: Correct.

369 3:19:15

MR. LALLY: Had you met her brother or brother's wife prior to that day?

370 3:19:20
371 3:19:21

MR. LALLY: And you were in the house when they arrived, is that correct?

372 3:19:26

MR. O'KEEFE: When Karen and her father arrived, I was shoveling the walkway out front.

373 3:19:31

MR. LALLY: And in total, about how much time was the defendant at the house that morning when she came?

374 3:19:39

MR. O'KEEFE: I would probably say about 30 minutes.

375 3:19:42

MR. LALLY: And at that point when the defendant arrived, was either Kaylee or Patrick or both home at that time?

376 3:19:48

MR. O'KEEFE: Yes. Kaylee had come home first, and then Patrick had come home, so I think Patrick may have come home while they were there.

377 3:19:57

MR. LALLY: And you mentioned when they arrived you were out shoveling sort of the front walk, correct?

378 3:20:03
379 3:20:03

MR. LALLY: And when they arrived, did you go in the house with them, or did you continue shoveling, or something else?

380 3:20:11

MR. O'KEEFE: I continued shoveling for a very short period of time and then went in the house pretty much right after they did.

381 3:20:19

MR. LALLY: And when you got in the house, what was it sort of that you were doing at that time?

382 3:20:26

MR. O'KEEFE: I mean, we had just told Kaylee what had happened, and we were waiting for Patrick to get home, so we were kind of just congregated in the kitchen.

383 3:20:36

MR. LALLY: When you say "we," who exactly are you talking — sorry — yourself, your mother, your father. Was Miss Roberts still there or has she gone home?

384 3:20:46

MR. O'KEEFE: I don't recall.

385 3:20:47

MR. LALLY: And so in addition to yourself, your mother and your father, Miss Read, her father, any other sort of members of her family — where were they within the house at that time?

386 3:20:59

MR. O'KEEFE: So mainly the kitchen at first. When Patrick came home, we kind of took him to like a side room where the kids hang out, talked to him in that room, and then we were in the kitchen. Then Miss Read and her father went upstairs.

387 3:21:16

MR. LALLY: And when you sat down with Patrick to tell him what had happened to your brother, who if anyone else was with you at that point?

388 3:21:27

MR. O'KEEFE: Karen Read.

389 3:21:27

MR. LALLY: And at some point subsequent to that, you went back to the kitchen, correct?

390 3:21:33
391 3:21:34

MR. LALLY: And where was it that the defendant and her father went?

392 3:21:38

MR. O'KEEFE: Upstairs, into the bedroom.

393 3:21:40

MR. LALLY: And if you know, about how long were they in the upstairs area of the house?

394 3:21:47

MR. O'KEEFE: I would say 10 to 15 minutes. And then as they came down the stairs — so I was on the phone a few times, so I didn't watch them walk upstairs, but I saw them come downstairs, turn the corner at the bottom of the stairs. She had some of her belongings that she had taken from the bedroom.

395 3:22:13

MR. LALLY: And where did she go with those belongings?

396 3:22:16

MR. O'KEEFE: They left. Like I said, they were probably there for 30 minutes. They got in their cars and drove back to Dighton, Massachusetts.

397 3:22:26

MR. LALLY: And when you say "got back in their cars" — you mentioned three cars that had been there in the driveway or in the area of the house, correct?

398 3:22:39

MR. O'KEEFE: Correct.

399 3:22:39

MR. LALLY: When the defendant left, how many of those cars remained?

400 3:22:44

MR. O'KEEFE: Zero.

401 3:22:44

MR. LALLY: And as far as the weather conditions that you had mentioned that existed at the time that you drove from the hospital in Brockton to your brother's home in Canton, what if any improvement occurred with the weather during that time frame?

402 3:23:03

MR. O'KEEFE: None.

403 3:23:03

MR. LALLY: So essentially the same, is that fair to say?

404 3:23:08

MR. O'KEEFE: Yeah, still — the conditions were still poor.

405 3:23:13

MR. LALLY: Now with respect to Miss Read's vehicle, did you know what kind of vehicle Miss Read had?

406 3:23:23

MR. O'KEEFE: A Lexus SUV. I don't know the actual model.

407 3:23:28

JUDGE CANNONE: Mr. Lally, that clock is actually wrong. It's just about 1:00, so is this a good place to take a break?

408 3:23:40

MR. LALLY: Perfectly.

409 3:23:41

JUDGE CANNONE: All right, jurors, it's the lunch break. We'll break for an hour. We'll be here ready to go no later than 2 o'clock, please.

410 3:23:55

COURT OFFICER: Notebooks, put them on your chairs. [lunch recess]

411 4:25:39

JUDGE CANNONE: We're back in session. You may be seated. All right, Mr. Lally, can we have Mr. O'Keefe again, please?

412 4:26:09

MR. LALLY: Yes.

413 4:26:10

COURT OFFICER: Witness, please.

414 4:26:14

JUDGE CANNONE: All right, whenever you're ready, Mr. Lally.

415 4:26:17

MR. LALLY: Thank you. So, Mr. O'Keefe, now — testifying before the lunch recess, before, you had indicated that when Miss Read had gone upstairs for some period of time, is that correct?

416 4:26:31

MR. O'KEEFE: Correct.

417 4:26:31

MR. LALLY: And that's at your brother's house on Meadows Ave?

418 4:26:35

MR. O'KEEFE: Correct.

419 4:26:36

MR. LALLY: And who, if anyone, had she gone upstairs with?

420 4:26:40

MR. O'KEEFE: Her father.

421 4:26:41

MR. LALLY: About how long were they upstairs for?

422 4:26:44

MR. O'KEEFE: 10, 15 minutes.

423 4:26:46

MR. LALLY: And as far as — was there anyone else in the upstairs area of the home with them at the time that they were upstairs?

424 4:26:57

MR. O'KEEFE: No, nothing I'm aware of.

425 4:26:59

MR. LALLY: Now, as far as Miss Read was concerned, what if any conversation did you have with her while she was at the house for that period of 30 minutes or so?

426 4:27:14

MR. O'KEEFE: None, really.

427 4:27:14

MR. LALLY: And as far as any other members of her family — without any reference to what it was — what if any sort of [unintelligible] conversation, what if any conversation did you have with either her father, her brother, or the brother's wife?

428 4:27:34

MR. O'KEEFE: Again, none. Not really. I didn't really have much interaction with any of them while they were at the house.

429 4:27:44

MR. LALLY: Now, you're obviously familiar with your brother's house on Meadows Ave, is that correct?

430 4:27:50
431 4:27:50

MR. LALLY: And as far as the house itself, what if any sort of security did your brother have installed on that house on Meadows Ave?

432 4:28:01

MR. O'KEEFE: He's got — excuse me — a Ring. He had a Ring doorbell, and then a Ring camera floodlight combination above the garage doors overlooking the driveway.

433 4:28:13

MR. LALLY: And when you say the doorbell, how many — sort of, how many doors or entrances into the house were there with cameras?

434 4:28:24

MR. O'KEEFE: I would say two. I mean, the driveway and then the main front door of the house.

435 4:28:31

MR. LALLY: May I approach the witness?

436 4:28:34
437 4:28:34

MR. LALLY: Photographs two, three, and four — if you could just look at those briefly and look up when you're finished. And generally speaking, sir, do you recognize what's depicted in those three photographs?

438 4:28:49
439 4:28:50

MR. LALLY: Before we get to them, just in general — you recognize those. Okay, what do you recognize them to be?

440 4:28:59

MR. O'KEEFE: Photographs of — that's my brother's house at 1 Meadows Ave in Canton.

441 4:29:05

MR. LALLY: And, Miss Gilman, if I could have Exhibit Two up on the screen. [unintelligible] And again, so what's up on the screen is Exhibit Number Two. What are we looking at?

442 4:29:20

MR. O'KEEFE: That's my brother's house at 1 Meadows Ave in Canton.

443 4:29:25

MR. LALLY: And as far as the Ring doorbell camera that you were referring to, is that something that's visible in this photograph?

444 4:29:36

MR. O'KEEFE: Not in that photograph, no.

445 4:29:39

MR. LALLY: And so typically, when you would come over to your brother's house, what would be sort of the general points, or door, that you would use to go inside the house?

446 4:29:56

MR. O'KEEFE: So, either the garage door, or there's a side door right behind that bush.

447 4:30:04

MR. LALLY: So, behind that bush, is there any sort of walkway or anything like that over there?

448 4:30:13

MR. O'KEEFE: Yeah, so there's a walkway that leads up to a couple of steps and then to the entryway.

449 4:30:18

MR. LALLY: Is that where the Ring doorbell would have been located — labeled as sort of the front door?

450 4:30:23
451 4:30:23

MR. LALLY: And the garage area with the driveway that you were referencing — in relation to this photograph, it's not depicted in this photograph, is that fair to say?

452 4:30:31

MR. O'KEEFE: Correct.

453 4:30:31

MR. LALLY: Okay. So, with relation to this photograph, understanding that it's not depicted, the driveway would be to the right side of the house as we're viewing it from here? And if I could turn your attention to the next exhibit, Number Three. Miss Gilman, if I could have that. And what's up on the screen — is that what you have before you as Exhibit Number Three?

454 4:30:50

MR. O'KEEFE: Correct.

455 4:30:50

MR. LALLY: And whereabouts in relation to the house — what are we looking at here?

456 4:30:58

MR. O'KEEFE: So, that would be the driveway, right side of the house, two garage doors, the upstairs window, and the Ring camera/floodlight combination.

457 4:31:11

MR. LALLY: Now, with respect to the garage, was there a particular way that your brother would have kept sort of the garage area?

458 4:31:23

MR. O'KEEFE: Yeah, he had — on the left side, he had a 1971 Ford LTD parked on that side, and he would typically park his car on the right side.

459 4:31:40

MR. LALLY: So, the car that you were talking about before, that being the Chevy Traverse, is that correct?

460 4:31:50

MR. O'KEEFE: Correct.

461 4:31:50

MR. LALLY: And so the floodlight combination with the camera — you see that in this photograph, is that correct?

462 4:31:57
463 4:31:58

MR. LALLY: If you could, just using the laser pointer, direct the jury's attention to that.

464 4:32:03

MR. O'KEEFE: Right under the window.

465 4:32:05

MR. LALLY: Thank you. And as far as these particular Ring cameras — the driveway/garage one and the front door of the sort of side entryway there — who, if anyone, as far as you knew, had access to those particular cameras? How would they be accessed?

466 4:32:23

MR. O'KEEFE: Most likely through the Ring app on your cell phone. And I believe the only ones who had access were my brother and Karen Read.

467 4:32:34

MR. LALLY: And as far as — brother — strike that. I'll strike that. See if you can lay a foundation. As far as your brother was concerned, what, if anything, would he do with reference to those Ring cameras and his app on his phone when people would arrive at his house?

468 4:32:50

MR. O'KEEFE: I mean, a few times he'd talk to me through the speaker, you know, if I pulled up to the house and he wasn't home, and he would speak to me on it. But I'm not sure if I follow the entire question.

469 4:33:04

MR. LALLY: No, and that's exactly — so there were points where you would come to the house?

470 4:33:10

MR. O'KEEFE: Correct.

471 4:33:10

MR. LALLY: And he would sort of talk to you through the Ring application, is that fair to say?

472 4:33:16
473 4:33:16

MR. LALLY: Okay. Now, as far as Miss Read was concerned, when you say you believe she had access to it, what leads you to believe that?

474 4:33:24

MR. O'KEEFE: I believe the kids had mentioned it before — Kaylee and Patrick, mostly Patrick.

475 4:33:29

MR. LALLY: All right, I'm going to strike that. Now, if I direct your attention to the next exhibit before you — Exhibit Number Four. And again, sir, what's up on the screen, is that what you have before you as Exhibit Four?

476 4:33:42

MR. O'KEEFE: Correct.

477 4:33:42

MR. LALLY: And if you could describe to the jury sort of what part of the house we're looking at here, and what, if anything, in relation to the Ring that you observe here?

478 4:33:53

MR. O'KEEFE: That is also the driveway from a different view — call it the top of the driveway looking down onto the street. Right in this picture, the Ring camera or the floodlight Ring is not visible.

479 4:34:05

MR. LALLY: And the walkway that you were talking about that was behind the bush — do you see that in this photograph?

480 4:34:18
481 4:34:19

MR. LALLY: If you could direct the jury's attention to where that is.

482 4:34:26

MR. O'KEEFE: So if you follow that walkway sort of around to the bush —

483 4:34:34

MR. LALLY: Where does that lead?

484 4:34:37

MR. O'KEEFE: Right to the breezeway door.

485 4:34:40

MR. LALLY: May I approach?

486 4:34:42
487 4:34:42

MR. LALLY: Now, the Ring camera that we're talking about — have you seen those on a disc form? Is that correct? Have you seen them on a disc form?

488 4:35:00

MR. O'KEEFE: I'm not sure if I follow that question.

489 4:35:06

MR. LALLY: Sure. Have you viewed any Ring camera footage from either the front door or the driveway to your brother's house?

490 4:35:21

MR. O'KEEFE: No, I didn't have access.

491 4:35:25

MR. LALLY: Okay.

492 4:35:26

JUDGE CANNONE: You may approach.

493 4:35:29

MR. LALLY: Yes.

494 4:35:30

JUDGE CANNONE: All right, so Mr. Lally, you have something to mark as an exhibit?

495 4:35:46

MR. LALLY: Yes, so there are two discs — one labeled uh [unintelligible] ring videos — oh, sorry, so they've already been marked, already been marked.

496 4:36:14

JUDGE CANNONE: All right, go ahead.

497 4:36:19

COURT OFFICER: And let us know if you want the lights dimmed at all, Mr. Lally.

498 4:36:36

MR. LALLY: Yes, please.

499 4:36:38

COURT OFFICER: Do you want that now?

500 4:36:44

MR. LALLY: Yes, would please. Thank you. So Miss Gilman, if I could have from what's been marked as Exhibit 6 — driveway camera — if I could have video number 161, and if you could just pause that for a moment. Now, Mr. O'Keefe, what's up on the screen there — do you generally recognize what's depicted there?

501 4:37:52

MR. O'KEEFE: Um, it looks like Karen Read's vehicle, uh, my brother's vehicle, and it looks like another SUV behind it. I don't know the two people.

502 4:38:04

MR. LALLY: If you could, using the laser pointer before you, direct the jury's attention to which vehicle you're talking about — starting with Miss Read's vehicle, where is it in this video?

503 4:38:19

MR. O'KEEFE: I believe it's that one right there.

504 4:38:22

MR. LALLY: And your brother's vehicle?

505 4:38:24

MR. O'KEEFE: Back there.

506 4:38:25

MR. LALLY: And the vehicle — is that your vehicle? Where is it? And uh, if you know, about when is this video depicting in relation to what you've described as the events of January 29th?

507 4:38:42

MR. O'KEEFE: Um, I mean, that would be in the morning, coming back from the hospital — mid-morning.

508 4:39:02

MR. LALLY: And as far as the people within this video, do you recognize any of the people?

509 4:39:22

MR. O'KEEFE: That'd be myself. I believe that behind me — could be Kerry Roberts, 'cause I believe that's Kerry Roberts's — she drove my father back from the hospital to one Meadows.

510 4:40:01

MR. LALLY: And Miss Gilman, if you could just run the video.

511 4:40:14

MR. O'KEEFE: Oh, that's my mother. I'm —

512 4:41:38

PARENTHETICAL: [Video plays]

513 4:41:38

MR. LALLY: Thank you. If I could ask for the next labeled video from Exhibit 6, number 166. If I could ask you to pause there. Now, Mr. O'Keefe, with the last video — the two individuals sort of walking over to the house — you recognize who those were?

514 4:40:22

MR. LALLY: Miss Gilman, from the same exhibit, if I could have video 165 — and Miss Gilman, if you could just pause that briefly. Now with respect to this video, do you recognize the vehicle that just pulled into the driveway here?

515 4:40:58

MR. O'KEEFE: Um, that looks like Karen Read in the — in the photo on the video. I assume that's her father's car.

516 4:41:17

MR. LALLY: So this would have been the time that Ms. Read, the defendant, arrived with her family from the hospital as well, correct?

517 4:41:37

MR. O'KEEFE: Correct.

518 4:43:07

PARENTHETICAL: [Video plays]

519 4:43:07

MR. LALLY: Thank you. Miss Gilman, from the same Exhibit 6, if I could get video 169 — just pause there for a moment, please. Now, as far as — you mentioned earlier in testimony that after Miss Read arrived at the house, your nephew Patrick came home as well, correct? And do you see your nephew Patrick in this video up on the screen now?

520 4:41:38

MR. LALLY: And Miss Gilman, if you could just run that through.

521 4:42:32

MR. O'KEEFE: Yeah, it appeared to be Karen Read and her father.

522 4:42:38

MR. LALLY: And the individual who just got out of the same vehicle — you recognize that?

523 4:42:47

MR. O'KEEFE: That appears to be Karen Read's brother Nathan.

524 4:42:52

MR. LALLY: Again, this particular day, January 29th, at your brother's house — that's the first time that you met him, is that correct?

525 4:43:06

MR. O'KEEFE: Correct.

526 4:43:07

MR. LALLY: Miss Gilman, if you could just play this one.

527 4:43:55
528 4:43:55

MR. LALLY: This would depict when he got dropped off, correct? Miss Gilman, if you could just run that. Miss Gilman, from the same Exhibit 6, if I could have number 176 — pause that right there. Now, from this video — you referenced earlier in your testimony that Miss Read had gathered some belongings and then had left with all the vehicles that her family came with, correct?

529 4:44:40

MR. O'KEEFE: Correct.

530 4:44:41

MR. LALLY: And do you recognize anyone depicted in this video number 176?

531 4:44:55

MR. O'KEEFE: That's Karen Read.

532 4:44:59

MR. LALLY: And what if anything do you observe her to have in her hand?

533 4:45:16

MR. O'KEEFE: Uh, looks like some type of a bag.

534 4:45:26

MR. LALLY: And Miss Gilman, if you could just play this one. Thank you. Now, Miss Gilman, if I could have from the same Exhibit 6, number 178 — if I could ask you to just pause right there. Now, Mr. O'Keefe, you were at your brother's house on Meadows Ave for the majority of that day, correct?

535 4:46:39
536 4:46:40

MR. LALLY: About how long were you there?

537 4:46:46

MR. O'KEEFE: Into the evening.

538 4:46:50

MR. LALLY: And at some point, were attempts made in and around your brother's house — the driveway, the walkway, things of that nature — as far as snow removal is concerned?

539 4:47:24

MR. O'KEEFE: Um, at one point, uh, other than me shoveling, Patrick's friend's father came with a snowblower.

540 4:47:42

MR. LALLY: And so initially it was you shoveling — what if anything was your father doing while you were shoveling as well?

541 4:48:06

MR. O'KEEFE: Uh, it was just me shoveling.

542 4:48:11

MR. LALLY: And do you recognize what's depicted in this video as far as any individuals?

543 4:48:25

MR. O'KEEFE: Uh, I believe that is me standing there with the shovel.

544 4:48:36

MR. LALLY: And Miss Gilman, if you could just play this. Miss Gilman, from that same Exhibit 6, video number 185 — if you could just pause it right there. Now, in reference to the snowblower coming out — or sort of the father of Patrick's friend — you recognize anybody in this video here?

545 4:49:28

MR. O'KEEFE: Um, I'm assuming that's the father of Patrick's friend, but I'm not sure.

546 4:49:38

MR. LALLY: Fair to say this was later in the day, after you were out there shoveling and after the defendant had left the house, is that correct?

547 4:49:59
548 4:50:00

MR. LALLY: And with regard to that particular day of January 29th, do you recall any law enforcement — whether the PD or state police — coming to the house while you were there that day?

549 4:50:28

MR. O'KEEFE: Not on the 29th, no.

550 4:50:32

MR. LALLY: And during the course of clearing the driveway as far as snow or ice, what if anything did you observe beyond just sort of snow and ice — were there any other items within the driveway that you recall seeing?

551 4:51:11

MR. O'KEEFE: Not that I'm aware of, no.

552 4:51:17

MR. LALLY: And Miss Gilman, if you could just play this video. Thank you. And lastly from this exhibit, Miss Gilman, if you could show us — what did the driveway look like at the end of sort of the snowblowing and the shoveling and snow removal that day?

553 4:52:22

MR. LALLY: And uh, that vehicle towards the top, that's your vehicle, is that correct?

554 4:52:40

MR. O'KEEFE: Uh, yes.

555 4:52:43

MR. LALLY: And is this around the time that you would have been leaving uh your brother's house uh on January 29th?

556 4:53:11

MR. O'KEEFE: Yes. [unintelligible]

557 4:53:14

JUDGE CANNONE: Uh, Mr. Coros?, we can have the lights back up.

558 4:53:19

MR. LALLY: May I approach?

559 4:53:21
560 4:53:21

MR. LALLY: Do you recognize that?

561 4:53:24
562 4:53:24

MR. LALLY: If I— and Miss Gilman, if you could just uh enlarge that a little. Thank you very much. And what's up on the screen, Mr. O'Keefe? Uh, is that what you have before you as Exhibit Number One?

563 4:53:46
564 4:53:46

MR. LALLY: And what are we looking at in this exhibit?

565 4:53:51

MR. O'KEEFE: That's my brother.

566 4:53:53

MR. LALLY: And as far as your earlier testimony in regard to uh the vehicle that he kept sort of on the left side of the garage, what if anything do you recognize depicted in the picture?

567 4:54:13

MR. O'KEEFE: It's a convertible, 1971 Ford LTD.

568 4:54:16

MR. LALLY: And with reference to that vehicle, um, how did your brother feel about that vehicle?

569 4:54:25

MR. O'KEEFE: He enjoyed it, he thought it was fun driving around, um, you know, in a convertible. Uh, nephew Patrick enjoyed, you know, being driven to baseball games and whatnot.

570 4:54:52

MR. LALLY: And uh, your niece Kaylee, how did she feel about it?

571 4:55:02

MR. O'KEEFE: She did not like it, still doesn't.

572 4:55:09

MR. LALLY: May I approach just to retrieve that? I have nothing further.

573 4:55:19

MR. YANNETTI: Mr. O'Keefe, sir, I have no questions for you.

574 4:55:28

JUDGE CANNONE: All right, Mr. O'Keefe, you are all set, sir.

575 4:55:37

MR. O'KEEFE: Thank you. Thank you, sir.