Commonwealth v. Read — Trial ArchiveJennifer McCabe - Direct
1,323 linesJUDGE CANNONE: Okay, thank you. Your next witness, please.
MR. LALLY: Yes, we call Jennifer McCabe to the stand. [unintelligible]
COURT OFFICER: Please watch your step.
COURT CLERK: Do you swear that the testimony you are about to give to this court and jury in this case is the truth, the whole truth, and nothing but the truth, so help you God?
MS. MCCABE: I do.
COURT CLERK: Thank you. You may take a seat.
JUDGE CANNONE: All right, whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good afternoon, ma'am.
MS. MCCABE: Good afternoon.
MR. LALLY: Would you please state your name and spell your last name for the jury?
MS. MCCABE: Sure. Jennifer McCabe. M-C-C-A-B-E.
MR. LALLY: And where do you live?
MS. MCCABE: Canton.
MR. LALLY: And how long have you lived in Canton?
MS. MCCABE: Um, approximately — well, my whole life. Um, I lived in Canton except when I first got married — I lived in Stoughton for a year or two.
MR. LALLY: And where do you live currently?
MS. MCCABE: In Canton.
MR. LALLY: How long have you lived there?
MS. MCCABE: Um, I live at 12 Country Lane and I've lived — — there about 10 years.
MR. LALLY: And prior to that, where did you live in Canton before Country Lane?
MS. MCCABE: Um, 15 [unintelligible] in Canton.
MR. LALLY: And how long did you live on that street?
MS. MCCABE: Approximately 10 years.
MR. LALLY: And with regard to both addresses, who, if anyone, did you live there with?
MS. MCCABE: I live there with my husband Matt and my four daughters.
MR. LALLY: And how old are they?
MS. MCCABE: Um, 15, 16, 18, and 20.
MR. LALLY: Now if I could turn your attention to January 28th into January 29th, 2022 — you recall those?
MS. MCCABE: I do, yes.
MR. LALLY: And do you recall what days of the week they were?
MS. MCCABE: Friday and Saturday.
MR. LALLY: So starting with Friday, January 28th, in the evening — do you recall what was going on that night, or where you went, what were you doing?
MS. MCCABE: Um, well, first I set up at my house for a team dinner for my daughter's hockey team. Then I met up with some parents — my daughter played for the Canton High basketball team — so we met up with some parents before, had a drink, appetizers, my younger two were with us, we fed them dinner, and then we went on to Canton High School to the basketball game.
MR. LALLY: Now, starting back — the oldest daughter with the hockey dinner at your house, that was your daughter Allie, is that correct?
MS. MCCABE: Yes, she's my oldest, yes.
MR. LALLY: The daughter who had the basketball game — is that your second oldest?
MS. MCCABE: Yes.
MR. LALLY: And with regard to her — she was on varsity team, is that right?
MS. MCCABE: Yes, at Canton high school, yes.
MR. LALLY: And with respect to just basketball in general — when the kids were younger, what role did you have in regard to that?
MS. MCCABE: Oh — but then you'll move on quickly. Um, I was a basketball coach for the rec — well, the town program.
MR. LALLY: How many years?
MS. MCCABE: Um, I believe with Emily I started approximately when she was in fifth grade, and then I was also a coach for my daughter Olivia, I think starting when she was in sixth grade, and with my youngest I think I coached from first grade on up until 8th grade.
MR. LALLY: Now as far as the high school game was concerned, is there sort of a typical —
JUDGE CANNONE: — start time for high school basketball? Yeah, move on. We know the time, move on.
MR. LALLY: After the basketball game, where did you go?
MS. MCCABE: My husband and I dropped my youngest daughter home, and then we proceeded to meet my sister at the Waterfall.
MR. LALLY: And which sister is that?
MS. MCCABE: My sister Nicole.
MR. LALLY: How many sisters do you have?
MS. MCCABE: Three.
MR. LALLY: And do you recall about what time it was that you got to the Waterfall?
MS. MCCABE: Approximately 9:00.
MR. LALLY: And when you say "we," who do you mean?
MS. MCCABE: My husband Matt and myself.
MR. LALLY: And do you recall which vehicle you were in going around Canton that night?
MS. MCCABE: I believe it was my car, yes.
MR. LALLY: And what kind of car was that?
MS. MCCABE: Um, Denali — Yukon, I think. Denali, yeah.
MR. LALLY: So bigger type vehicle?
MS. MCCABE: Yes, big SUV.
MR. LALLY: Now with respect to — you had a cell phone around that time, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Your cell phone — what if any connection did that have between your cell phone and your vehicle at that point?
MS. MCCABE: I don't think mine was connected. I'm not sure.
MR. LALLY: Now when you arrived at the Waterfall, did you go right in, or what if anything did you do?
MS. MCCABE: I waited a few minutes because my husband was on a phone call.
MR. LALLY: And at some point did you and your husband go in?
MS. MCCABE: Yes.
MR. LALLY: And when you arrived in the Waterfall, where within the Waterfall did you go?
MS. MCCABE: We walked in and I believe we sat at the third table.
MR. LALLY: And at the time that you arrived, who if anyone was there that you were familiar with?
MS. MCCABE: Um, Chris and Julie Albert, Nicole Albert, Caitlin Albert, Tristin Morris.
MR. LALLY: And at some point shortly after that, or at some point after that, who if anyone else came in and joined the group that you were with?
MS. MCCABE: Um, Nick Kus did, and then his wife did a little bit after, and then Brian Albert and Brian Higgins arrived, and then Karen and John arrived.
MR. LALLY: And prior to Karen and John arriving, had anyone from the group left?
MS. MCCABE: I believe Tristin left — maybe to go to sleep because he had to plow, I think.
MR. LALLY: Now with reference to Karen and John, you're talking about John O'Keefe and Karen, correct?
MS. MCCABE: Yes.
MR. LALLY: And how long had you known John?
MS. MCCABE: Approximately 10 years.
MR. LALLY: And how was it that you first came to know John?
MS. MCCABE: Um, John's sister and her husband lived in the neighborhood, and my daughter became friends with John's niece when they were in kindergarten. And during that kindergarten year, John's sister and then brother-in-law passed away, and John moved in and took care of the kids.
MR. LALLY: And just for clarity purposes, this would have been when you were living at the home on Suli?
MS. MCCABE: Yes.
MR. LALLY: And then after John moved in with his niece — what if any role, or what if any relationship, did you have with either John or his niece specifically?
MS. MCCABE: So my daughter was very good friends with his niece, and so, you know, she would be over all the time, and John would come over with Patrick and pick her up, and he would come in and talk to us and hang out.
MR. LALLY: And how would you describe your relationship with John?
MS. MCCABE: He was my friend. I love John. He was an amazing guy.
MR. LALLY: Now with reference to Karen Read — and just for clarity purposes, do you see Karen Read in the courtroom today?
MS. MCCABE: Yes, I do.
PARENTHETICAL: [sidebar]
MR. LALLY: You identify — just as to where she's seated?
MS. MCCABE: She's seated between her attorneys.
MR. LALLY: Let the record reflect the identification of the witness. Now with respect to the defendant, Miss Read — when was it that you met her?
MS. MCCABE: Um, John had reached out to me saying that he was dating a new girl, and that she had MS and I also have MS, so he said he would like for me to meet her.
MR. LALLY: And how long have you had MS?
MS. MCCABE: I believe it will be 10 years this October.
MR. LALLY: And do you recall specifically — around what year, what month, anything like that — that you met Miss Read?
MS. MCCABE: Yes. They came over in July of 2020.
MR. LALLY: And came over to your house, is that correct?
MS. MCCABE: Yes, they came over to the house. They brought the kids, swam — I have a pool.
MR. LALLY: Now over the course of — you were obviously familiar — Read was dating Mr. O'Keefe — correct? Over the course of time?
MS. MCCABE: Yes.
MR. LALLY: Sorry. Over the course of time from July 2020 when you met her to January of 2022, how often would you see Miss Read?
MS. MCCABE: It would vary, you know. There were times that we would bump into them, or depending on their sports, or — you know, for my daughter's birthday party when it was time to pick up they'd come over and hang out, or Halloween — it just varied. We have four kids so we're always kind of in all different directions. Sometimes it depends on what sport month it is and what team we're with.
MR. LALLY: And how would you describe your relationship with Miss Read?
MS. MCCABE: I enjoyed Miss Read. I really liked her. I thought we connected from the beginning. She was very easy to talk to. She had MS, I had MS, and there's not a lot of people our age that I personally know that have it, so it was nice to have someone who understood what I was going through. We had that in common.
MR. LALLY: Now with respect — with respect to either — starting with Mr. O'Keefe — was your friendship the type where you would have any sort of discussions about his relationship with Miss Read, or anything — for any girl that he dated at any point in time that you were friends with at different points?
MS. MCCABE: Yes.
MR. LALLY: And what if anything specific do you recall him telling you about his relationship with Miss Read?
JUDGE CANNONE: Specifically — I'm going to allow that. I'd like to see counsel at the bar for just a minute, please.
MR. LALLY: With regard to Mr. O'Keefe and his relationship with Miss Read — is that something that you spent any real time talking about with Miss Read?
MS. MCCABE: No. Occasionally — how are things going, how's she feeling, how's she doing — very general.
MR. LALLY: And the same sort of question with regards to Miss Read — is that a conversation that you had as far as her relationship with Mr. O'Keefe?
MS. MCCABE: Yes, similar.
MR. LALLY: Now on that evening, if I could turn you back to the Waterfall — you arrived about 9:00. About what time was it that you left?
MS. MCCABE: Approximately midnight, give or take.
MR. LALLY: And so during the three hours or so that you were there, how would you describe the mood or demeanor of the group that you were with during that time?
MS. MCCABE: Fine, friendly, normal — typical night, you know, just out having a drink, listening to music.
MR. LALLY: And about 11:00 or so — was it that Mr. O'Keefe and Miss Read came into the bar?
MS. MCCABE: Correct.
MR. LALLY: And when they came into the bar, where did they go in relation to where you were?
MS. MCCABE: They came right over and talked to the group that we were with.
MR. LALLY: And when Mr. O'Keefe and the defendant came over, what if anything did you observe — or what interaction did you have with her when she came?
MS. MCCABE: Oh, she had brought a glass with her and kind of took it out of her coat and just kind of chuckled about it.
MR. LALLY: What if anything did you observe about the glass?
MS. MCCABE: I believe it had ridges on it.
MR. LALLY: What if anything did you observe as far as what was in the glass?
MS. MCCABE: It was clear.
MR. LALLY: Any — kind of like a straw or a line or anything like that?
MS. MCCABE: I don't remember.
MR. LALLY: As far as you knew — at some point did you become aware of where Mr. O'Keefe and Miss Read had been prior to coming over to the Waterfall?
MS. MCCABE: Yes.
MR. LALLY: And where were they?
MS. MCCABE: C.F. McCarthy's.
MR. LALLY: Where is that in location to the Waterfall?
MS. MCCABE: Just right up the street.
MR. LALLY: Now over the course of the evening — you were at a bar, I take it you were drinking, is that right?
MS. MCCABE: Yes.
MR. LALLY: Do you recall specifically what you were drinking?
MS. MCCABE: I think beer.
MR. LALLY: And the same question with regard to Mr. O'Keefe — do you recall him drinking, and if so what if anything was he —
MS. MCCABE: I can't be certain, possibly a beer, but I can't be certain.
MR. LALLY: And with respect to Miss Read — same question as far as you recall her drinking, and if so what if anything you recall her having?
MS. MCCABE: Again, I remember just a clear glass — a glass with a clear liquid in it.
MR. LALLY: Any different glass beyond the one that you've already testified about?
MS. MCCABE: I don't remember, sorry.
MR. LALLY: Now when you left the Waterfall sometime around midnight, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Let me ask you this first, I'm sorry. So with respect to the time that you were at the Waterfall — did you speak with Mr. O'Keefe?
PARENTHETICAL: [unclear]
MS. MCCABE: that nephew —
MS. MCCABE: Yes, briefly at the bar.
MR. LALLY: And do you recall just generally what it was that you talked about?
MS. MCCABE: Yes. His niece had just gotten into Bishop Feehan, so he was very excited.
MR. LALLY: And with respect to Miss Read — did you speak to her at the bar?
MS. MCCABE: Yes.
MR. LALLY: And do you recall what if anything you were speaking about?
MS. MCCABE: Yes.
MR. LALLY: And what was it?
MS. MCCABE: Karen had shared a little bit of frustration — that morning, or one morning, she had taken Kaye to Dunkin' Donuts and John, you know, was frustrated — saying "don't take her, she's going to, you know, make a habit of it," meaning she's going to come to expect it every day. And then we just talked about how, you know, challenging it is with kids. And she mentioned that that's kind of all they have a fight about, and I said, "Yeah, well, welcome to parenthood." And she just was a little bit frustrated — felt like the family needed to be doing more to help, and she just wished she had, you know, more time just her and John. But again it was just, you know, girlfriend-to-girlfriend kind of venting.
MR. LALLY: Now as far as Mr. O'Keefe was concerned, what if any observations did you make as to how he was dressed?
MS. MCCABE: Baseball hat, jeans — that's what I remember.
MR. LALLY: Do you recall any sort of winter coat or heavier coat or anything like that?
MS. MCCABE: No.
MR. LALLY: Now over the course of the evening at the Waterfall, what if any discussion was there amongst the group as far as going somewhere next, or what to do after the Waterfall?
MS. MCCABE: Karen had asked Chris if we could go up to D&E — she wanted to go up to D&E and have him cook some food.
MR. LALLY: And was that something that was brought up by the defendant once, more than once, or something else?
MS. MCCABE: Many times.
MR. LALLY: And what was the response from the group in regard to going to
MS. MCCABE: — D&E and making food. So Brian, Chris, and Matt do this annual weight loss challenge every year, and it was in the midst of that, so they were like, "No, no, no, you know, we can't go up there, we're not going to eat, we'll do it another time."
MR. LALLY: Now following that conversation, what if any other — let me ask you, why did you go to the Waterfall in the first place?
MS. MCCABE: So I went to meet my sister Nicole. She was there heading there because she was going to go have a drink — her son was going to have some friends and then meet out — so I was going to meet them for a drink for my nephew's birthday.
MR. LALLY: Was Brian Albert Jr., is that right?
MS. MCCABE: Yes.
MR. LALLY: Did Brian Albert Jr. ever show up at the Waterfall that evening?
MS. MCCABE: He did not.
MR. LALLY: Do you know why not?
MS. MCCABE: Brian suffers from anxiety and during that time period he was really struggling, so he decided to stay home. He just decided to stay home, yes.
MR. LALLY: And so after the discussion about going over to D&E and then the communication of not going over, what if any other discussion was had as to where people were going or what was happening after leaving the Waterfall?
MS. MCCABE: Brian Albert Senior just made a general, "Hey, I'm going to go home, have a drink with Brian if anyone would like to come." And was that something that was —
MR. LALLY: — just to certain people or was it expressed at the table, or how was that expressed?
MS. MCCABE: It was expressed to everyone, like, "Hey, we're going to go back home, have a beer with Brian if anyone would like to come."
MR. LALLY: Now after that was sort of put out to the table, what if any discussion did you have in regard to that with either Mr. O'Keefe, Read, or both?
MS. MCCABE: Both of them. I said, "Oh, you guys should come, do you want to come?"
MR. LALLY: And did they indicate that that was something that they wanted to do or did they indicate that they were coming?
MS. MCCABE: They both wanted to come and they said they were coming.
MR. LALLY: Yes. Now when you left the Waterfall, did anyone leave with you or leave at the same time?
MS. MCCABE: I believe I walked out with Karen. I know I walked out with Karen, and I believe Ms. Kolokithas as well.
MR. LALLY: Prior to you leaving, your sister Nicole and her husband Brian — had they left prior to you leaving?
MS. MCCABE: Yes.
MR. LALLY: And so you're walking out with the defendant and Ms. Kolokithas, is that right?
MS. MCCABE: Yes.
MR. LALLY: And when you were walking out with them, what if anything was the sort of conversation or the discussion as you were walking out?
MS. MCCABE: Well, Matt and John were still inside, so at one point I said, "Oh, Karen, why don't you just come with me?" — figuring, because, you know, Matt can talk to anyone and God knows how long he was going to stay in there — so I was just like, "Hey, do you want to drive with me and they can meet us?"
MR. LALLY: Your husband's a talker, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Now as far as the car that you had parked there, where was that — where was that in relation to the parking lot?
MS. MCCABE: I believe I had to kind of walk straight out into the parking lot.
MR. LALLY: In the parking lot, yes. And after you had exited from the Waterfall, at some point did you observe Mr. O'Keefe come out as well?
MS. MCCABE: Yes, he did.
MR. LALLY: And did you have a conversation with him in the parking lot while you were out?
MS. MCCABE: I believe briefly. Karen, him, and I all spoke, yes.
MR. LALLY: Do you recall briefly what you spoke about?
MS. MCCABE: Them coming back to Fairview.
PARENTHETICAL: [unclear]
MR. LALLY: And after sort of the two of you parted ways, did you observe where Mr. O'Keefe and the defendant went?
MS. MCCABE: I just saw them — like, they walked left, I walked straight.
MR. LALLY: And if you were to walk left in the direction they were walking, where would that bring them?
MS. MCCABE: To Washington Street, the main street.
MR. LALLY: So you went over then to your car in the parking lot?
MS. MCCABE: Yes.
MR. LALLY: And while you were in your car in the parking lot — well, let me ask you this question. You walked out of the Waterfall — what if anything was different about the weather from when you had walked in?
MS. MCCABE: It had started to snow.
MR. LALLY: And as far as the snow was concerned, what was that initial point when you walked out of the Waterfall — was it accumulating or anything like that?
MS. MCCABE: Yes. I would say, you know, it was starting to cover the cars, so you'd have to put your windshield wipers on to clear it.
MR. LALLY: So you didn't have to get the scraper out or anything like that, just flip on the windshield wipers?
MS. MCCABE: I probably was lazy and just rolled the windows down to get it off the windows.
MR. LALLY: And you were in the car for some period of time waiting for your husband, correct?
MS. MCCABE: Yes.
MR. LALLY: And about how long is it that you're waiting for your husband before he comes out?
MS. MCCABE: Actually, it wasn't long. I think I turned the car on and then I saw him walking and I pulled up.
MR. LALLY: And while you're waiting for your husband, or shortly after he gets to the car, what if any communication did you receive at that time?
MS. MCCABE: I received a text from John saying [unintelligible].
MR. LALLY: And with respect to that, did you respond in kind via text, or how did you respond, if at all, to Mr. O'Keefe?
MS. MCCABE: I was driving, so I called him.
MR. LALLY: And when you called him, if you know, was that something that was done through Bluetooth with regard to the car?
MS. MCCABE: Yes, it would have been, because it was my phone and I was driving, so I would have had it over the car.
MR. LALLY: So your phone would have been paired up with
MS. MCCABE: Yes. I plugged it in when I got in. I always plug my phone in when I get in if I'm driving.
PARENTHETICAL: [unclear]
MR. LALLY: , excuse me — you're indicating to someone, "Come down Chapman," and you said — I'm sorry, your testimony is it's sort of towards the end from that direction, the end of Fairview, the bottom of Fairview. And that's to my point — as far as the bottom, is there any kind of incline or decline, or how does the road sort of — — situated as you come from the Chapman side down to where your sister lived at 34?
MR. LALLY: And so with your husband in the car, fair to say that he could hear both sides of the conversation as far as you and Mr. O'Keefe?
MS. MCCABE: Yes.
MR. LALLY: And so that initial call that you placed to Mr. O'Keefe, is that done while you're driving?
MS. MCCABE: Yes.
MR. LALLY: And what if anything were you telling him as far as that initial call?
MS. MCCABE: He had asked for the — he said, "Where to?" I gave him the address, and then I believe I just started giving him directions. And I actually think Matt spoke over me and was saying, "Go this way, go this way," and then I said, "Yeah, you just go down —" "— to Fairview, it's at the bottom."
MR. LALLY: And so as far as the directions, do you recall anything specifically about what you told Mr. O'Keefe as far as the directions?
MS. MCCABE: Well, he actually called back a second time, and when he called back a second time I instructed him that it was by a friend's house — one of my niece's, his niece and my daughter's friend. And I said, "Oh, just go past Bella's street, it's at the bottom of the hill."
MR. LALLY: And before we get to that, just as far as that initial phone call of essentially Fairview Road — you're familiar with it?
MS. MCCABE: Yes.
MR. LALLY: And it's where your sister lives with her family, correct?
MS. MCCABE: Yes.
MR. LALLY: And I could just ask, with regards to your sister's husband Brian — how long have you known him?
MS. MCCABE: Since I was in kindergarten. Very long time.
MR. LALLY: So they had dated for some period of time before they got married?
MS. MCCABE: Yeah, she had a crush on him for years, then they dated — I think for 10 years — and then they got married, so yeah, they've been together most of my life.
MR. LALLY: So you're familiar with Fairview in the sense that on one end of it is Chapman and one end of it is Cedarcrest, correct?
PARENTHETICAL: [unclear]
MS. MCCABE: Correct.
MR. LALLY: And just in that initial phone call that you had with Mr. O'Keefe — and you and your husband are giving directions — you were indicating to him to go to Cedarcrest or go to Chapman in order to get on — go to Chapman?
PARENTHETICAL: [unclear]
MS. MCCABE: Yes.
MR. LALLY: And is that the way that you went, as far as going from Washington Street downtown to Fairview?
MS. MCCABE: Yes.
MR. LALLY: Now, how long a drive is that going from the Waterfall to there?
MS. MCCABE: Approximately five-plus minutes, depending on if you hit lights.
MR. LALLY: Now, if you're indicating —
MS. MCCABE: It's a hill and the hill goes down.
MR. LALLY: Is that correct?
MS. MCCABE: Yes.
MR. LALLY: Is that somewhat precipitous — how would you describe the hill?
MS. MCCABE: Well, the first hill is a bit steep, and then it flattens a little, and then there's another hill, but that second hill is more long — there were actually two hills as you're going down.
MR. LALLY: Correct?
MS. MCCABE: Yes.
MR. LALLY: Now, you mentioned the second call — Mr. O'Keefe then calls you?
MS. MCCABE: Yes.
MR. LALLY: And about how much time elapsed between when you first talked to Mr. O'Keefe and the second?
MS. MCCABE: Approximately four to five minutes tops.
MR. LALLY: During either call that you had with Mr. O'Keefe — you had it on Bluetooth, correct?
MS. MCCABE: Yes.
MR. LALLY: Could you tell whether or not he was connected to a Bluetooth? Did you hear anything in the background?
MS. MCCABE: I couldn't know.
MR. LALLY: And as far as when you were speaking to Mr. O'Keefe, did he express an intent that he was going to the house on Fairview?
MS. MCCABE: Yes, he was driving there and he was trying to find it.
MR. LALLY: And when he indicated he was trying to find it, was he expressing that in singular or plural or something else?
MS. MCCABE: No, more general, like, "Where is it?"
MR. LALLY: Did he make any reference during the time that you were talking to him to anyone he was with?
MS. MCCABE: No.
MR. LALLY: And now as far as this second call, you indicated — what did you use exactly as sort of a geographic
MS. MCCABE: My daughter and his niece's very close friend lives on a side street off Fairview, so I just said, "Go past Bella's street, it's at the bottom."
MR. LALLY: And Bella was someone that's through his niece — John O'Keefe would have known, correct?
MS. MCCABE: Correct.
MR. LALLY: Now at this time, what if any relationship were you aware of between Bella's mother and John?
MS. MCCABE: They had dated briefly —
JUDGE CANNONE: I'm going to allow it.
MS. MCCABE: They had dated briefly years before.
MR. LALLY: Now, was that sort of the substance of the conversation that you have with Mr. — O'Keefe — and that second phone call?
MS. MCCABE: Yes.
MR. LALLY: Now after that second phone call, did you speak to Mr. O'Keefe on the phone at any point in time after that?
MS. MCCABE: No.
MR. LALLY: Now you arrive at the house on Fairview — do you recall where you parked when you got there?
MS. MCCABE: Yes. Pulled into the driveway.
MR. LALLY: And the driveway at the house on Fairview essentially has two garage doors, is that correct?
MS. MCCABE: Yes.
MR. LALLY: So it winds out as you get to the top, closest to the house?
MS. MCCABE: Yes.
MR. LALLY: Do you recall where in relation to the driveway you were parked when you got there?
MS. MCCABE: I just remember pulling in. There was definitely a car in front of me, and there possibly could have been a car to the left.
MR. LALLY: You exit the vehicle, go into the house — correct?
MS. MCCABE: Correct.
MR. LALLY: When you get to the house, who if anyone did you observe when you came in?
MS. MCCABE: When I walk in, Caitlin Albert, Brian Albert, Julie Nagel, and Sarah Levinson are all sitting at the kitchen table. My sister Nicole was in the kitchen wiping the counters — 'cause she's always cleaning — and Brian Albert and Brian Higgins were in the — I guess you'd call it the TV room area — just standing and talking.
MR. LALLY: Ma'am, I'm sorry — I'm just having a little trouble hearing you. That microphone — you can address that any way you want, anywhere you want to put that.
MS. MCCABE: Okay, thank you.
MR. LALLY: And so when you come into the house, where — mentioned the table — where were people situated in the kitchen?
MS. MCCABE: I sat at the table and I just spoke to Brian and Katie and the two girls most of the night.
MR. LALLY: And just so we're clear, when you're talking about Brian — that's Brian Albert Jr., or "Little Brian"?
MS. MCCABE: Yeah, Little Brian. Yeah, Little Brian.
MR. LALLY: Now at any point in time when you were at the house, are you familiar with someone named Colin Albert?
MS. MCCABE: I am, yes.
MR. LALLY: How do you know him?
MS. MCCABE: He is my friend's son and my sister's nephew.
MR. LALLY: Your friend Julie's son — correct?
MS. MCCABE: Yes. And my friend Julie's son and your oldest daughter Allie — were they close friends, your oldest daughter Allie? Yes. They're born a week or two apart and we've kind of just — they've done everything together. They're very good friends.
MR. LALLY: At any point in time that you were there on that early morning, did you see Colin Albert at all?
MS. MCCABE: No.
MR. LALLY: And when you arrived at the house, you're familiar with your daughter — the car she drives around that time. Did you see your daughter Allie there at any point in time?
MS. MCCABE: No.
MR. LALLY: Were you aware at any point in time in that early morning hour that you were there that your daughter had been there at any point in time? [unintelligible] Now with reference to the home — at any point in time, did John O'Keefe ever come inside the house that night?
MS. MCCABE: No.
MR. LALLY: During the time that you were there — let me ask more specifically — about how long a period of time was it that you were there, or about what time did you leave?
MS. MCCABE: I believe I left approximately around 1:30, 1:45 approximately.
MR. LALLY: And do you know about what time it was that you arrived?
MS. MCCABE: I'd say approximately somewhere between 12:20 and 12:30. Well, 12:20 — I believe 12:20 — because the last call from John, when I went back and looked, was 12:18.
MR. LALLY: Now similar to what I asked about the Waterfall, as far as the sort of mood and demeanor inside the house — what if anything do you recall with respect to that?
MS. MCCABE: Good. Everybody was in a good mood. There was no — Brian and Brian were talking, my sister was cleaning, I was talking with the kids. You know, just a normal night.
MR. LALLY: Now while you were in the kitchen/dining room area for the time that you were there, did you see anybody or observe anybody from the group that you just described go anywhere else in the house, away from that area?
MS. MCCABE: Julie Nagel went outside.
MR. LALLY: So beyond Julie Nagel going outside, did you see anybody else go upstairs, downstairs to the basement area, or anywhere else in the house?
MS. MCCABE: No.
MR. LALLY: Now when you were in the car and you were driving, you hooked your phone up to the charger — is that right?
MS. MCCABE: Yes.
MR. LALLY: Do you recall charging your phone at any point in time when you were at your sister's house on Fairview that night?
MS. MCCABE: I don't recall.
MR. LALLY: You mentioned Julie Nagel and Sarah Levinson — were those people that you knew prior to that night of the 28th?
MS. MCCABE: I was familiar with who Sarah Levinson was — maybe had run into her at different points. Julie Nagel — she was closer to Brian, so I would see her. I think she's dog sat for me when I've been away — like Brian will do it, but then if he's not available Julie will do it. I don't know if she had dog sat for me before then or right after then, but I was definitely familiar with Julie, and she possibly could have dog sat for me prior to that.
MR. LALLY: And now with reference — there was also someone there by the name of Brian Higgins, is that correct?
MS. MCCABE: Correct.
MR. LALLY: And that is also someone who was there prior to you getting there, is that right?
MS. MCCABE: Yes.
MR. LALLY: And what if anything did you know about Mr. Higgins, or did you know him prior to that?
MS. MCCABE: I had met him a few times. He's Brian Albert's friend.
MR. LALLY: So other than being your brother-in-law's friend and meeting him a couple of times, you didn't really know him that well — fair to say?
MS. MCCABE: Yes.
MR. LALLY: Now you mentioned at some point that Julie went outside — right, went outside?
MS. MCCABE: Yes.
MR. LALLY: And do you know what she was going outside for?
MS. MCCABE: Yes. Her brother had come to pick her up, and so she was going to go tell him — invite him in, you know — try to get him to come in.
MR. LALLY: And what if any conversation did you have with Miss Nagel or Miss Levinson in regard to their going home, prior to Miss Nagel going out and talking to —
JUDGE CANNONE: I'll sustain it in that form.
MR. LALLY: What if anything had you said to Miss Nagel prior to her going out — prior to her going outside?
JUDGE CANNONE: Sustained.
MR. LALLY: Now if you know, about how long was Miss Nagel outside?
MS. MCCABE: I believe it was just a few minutes.
MR. LALLY: And at any point in time while Miss Nagel was outside, what if anything — excuse me — so when Miss Nagel went outside, what were you doing?
MS. MCCABE: I was sitting at the table, and then my nephew had said another car was out there.
MR. LALLY: And after he said that, what if anything did you do?
MS. MCCABE: I went to the front door. And the front door of the home — you walk in, there's a foyer and a staircase in front of you.
MR. LALLY: Yes. And as far as the front door was concerned, is there any sort of other door — is it just the wooden front door, or is there another door in front of it?
MS. MCCABE: The door was open, so it was just the storm door.
MR. LALLY: Storm door is made out of glass, is that correct?
MS. MCCABE: Yes.
MR. LALLY: So when you went over to the storm door and looked out, what if anything did you see?
MS. MCCABE: I saw a vehicle.
MR. LALLY: And can you describe the vehicle that you saw?
MS. MCCABE: I saw a dark SUV.
MR. LALLY: And as far as Miss Nagel — did you make any observations about where she was when you looked outside?
MS. MCCABE: I kind of just looked at the vehicle, and then I saw — there was — I saw lights kind of over to this side. But then once I saw the vehicle, I took out my phone and I texted John and just sort of —
MR. LALLY: Clear. As far as when you say "this side" — so you're standing at the storm door, you see the vehicle — where's the vehicle in relation to you and where you're standing at the front door?
MS. MCCABE: It was straight ahead.
PARENTHETICAL: [break]
MR. LALLY: Now the lights that you were saying are sort of off to the side — from your perspective looking out at the street, is that to the left, to the right, or something else?
MS. MCCABE: Left.
MR. LALLY: And as far as this dark SUV that you saw, could you tell anything else about it as far as make or model? Recognize it at all?
MS. MCCABE: No.
MR. LALLY: Now at this time on January 29, 2022, were you familiar with any sort of vehicles that Mr. O'Keefe had?
MS. MCCABE: Yes.
MR. LALLY: What kind of vehicles?
MS. MCCABE: Gosh, I don't know the brand. You know, it was a small SUV-type. As far as what color it was, his might have been grayish — I'm not 100% sure.
MR. LALLY: And any other vehicles that he may have had?
MS. MCCABE: Yes, he had an old-fashioned car that he loved, but Karen was so embarrassed of it. But yeah, he had that as well.
MR. LALLY: Now as far as Miss Read was concerned, were you familiar with what kind of vehicle she had at that time?
MS. MCCABE: Yes.
MR. LALLY: And what kind of vehicle were you generally aware of her driving?
MS. MCCABE: She had a Lexus.
MR. LALLY: Was that a sedan or an SUV or what kind?
MS. MCCABE: I think it was like a small SUV.
MR. LALLY: Now the vehicle that you saw outside of the residence on Fairview, when you looked out the storm door — was that consistent with what you knew Read to be driving at that time?
MS. MCCABE: Yes.
MR. LALLY: Now as far as that vehicle was concerned, at any point in time over the course of the evening did you see anyone exit that vehicle or come out of that vehicle at all?
MS. MCCABE: No.
MR. LALLY: You certainly never saw anybody exit that vehicle and walk over and come inside the house —
JUDGE CANNONE: Sustained.
MR. LALLY: As far as that vehicle when you first saw it, could you tell whether or not it was running or anything like that?
MS. MCCABE: It was running, yes. I could — well, you know, you could tell it was running — it had, like, the tail lights — I could see the red —
JUDGE CANNONE: Keep your voice up.
MS. MCCABE: Okay, okay, sorry.
MR. LALLY: Now in addition to the tail lights that you saw, did you see the headlights or anything like that?
JUDGE CANNONE: Okay, so we're still in session. Just — I have an extra copy. That's what I was hoping for. Thank you. Um, yes, all right, thank you. And then, Mr. Lally, you'll be able to make those redactions that are necessary over the lunch break?
MR. LALLY: Yes. I think what we can — um — and by "we" I mean Miss Gilman, because she's the one who can actually do these things — um, but no, I think we will be able to sort of take the whole numbers off of it and be able to print new copies without the numbers so that they can use — so the same version, exact same, authentic, authentication-redacted for purposes of admission and publication.
JUDGE CANNONE: Yes, all right, great. I appreciate that. We'll see you at 2:00.
COURT OFFICER: Good afternoon. Court's back in session. Please be seated.
JUDGE CANNONE: Thank you. All right. So, Mr. Lally, just before you begin — folks, I neglected to tell you before or during the testimony of Mr. McCabe, and I don't want to keep repeating instructions, but I do want to remind you: when it comes to electronic communications, before you can consider them in your deliberations, you must first find that it is more likely true than not that the person who authored or sent the communication was in fact the person identified as doing
MS. MCCABE: Yes, the headlights were on.
MR. LALLY: And as far as the interior of the vehicle — were there any lights on inside the vehicle that you saw at any point in time?
MS. MCCABE: No.
MR. LALLY: And as far as the windows of the vehicle, what if anything did you observe as far as their coloration — was it tinted or anything like that?
MS. MCCABE: I didn't observe that.
MR. LALLY: Now you see the vehicle straight ahead of the front door, and then you pull out your phone to text Mr. O'Keefe — correct?
MS. MCCABE: Correct.
MR. LALLY: You recall what you texted to him at that point?
MS. MCCABE: I think I said "here?" — question mark.
MR. LALLY: You think you said "here?" — is that correct?
MS. MCCABE: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Show Mr. Jackson. Okay — [unintelligible]. Yes, I'm showing you a three-page document — [unintelligible].
MR. LALLY: Okay, just generally speaking — that three-page
MR. LALLY: Fairview, you observed a vehicle outside of your sister's house, correct?
MR. LALLY: Thank you. May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Those pages that I've just placed before you — do you recognize the content of those?
MS. MCCABE: I do.
MR. LALLY: And what do you recognize those to be?
MS. MCCABE: They are text messages between myself and John, from specifically that time period of the early morning of January 29th through the morning of January 29th.
MR. LALLY: Yes. And what's contained in those — is that an accurate portrayal of the content of those text communications?
MS. MCCABE: Yes.
MR. LALLY: Now, with reference to Mr. O'Keefe — this is someone that you knew, and you had his information put into your phone as a contact?
MS. MCCABE: Yes.
MR. LALLY: And on prior occasions when you had contacted — or specifically that morning when you had left the Waterfall and you talked to him on the phone — you called him, and when you called the contact that you had listed as John O'Keefe — right?
MS. MCCABE: Yes.
MR. LALLY: Okay, who answered the phone?
MS. MCCABE: John.
MR. LALLY: Okay. And then, the contact that you would have put in as John O'Keefe called you, and you answered — and who was on the other line?
MS. MCCABE: John.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Move to introduce and admit as next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Thank you. This is subject to what we talked about?
MR. LALLY: Yes, understood. Thank you.
JUDGE CANNONE: All right, thank you. With respect to what's now been marked as Exhibit 89 — if I could, may the Court publish that? Sure.
MR. LALLY: Okay. What's up on the screen — is that what you have before you as that exhibit?
MS. MCCABE: Yes.
MR. LALLY: And this is a text communication between —
MS. MCCABE: Correct.
MR. LALLY: — correct. You're — I'm sorry to do this. May we —
JUDGE CANNONE: Sure. Why don't you take that down, Miss Gilman? Thank you. That is for — Thank you.
MR. LALLY: Ma'am — so, ma'am, what's before you and what's up on the screen is the exhibit. There are green bubbles and blue bubbles?
MS. MCCABE: Correct.
MR. LALLY: And can you tell the jury, as far as who's communicating — as far as the green bubbles belong to whom, and the blue bubbles?
MS. MCCABE: Green is John and blue is myself.
MR. LALLY: And so the first text from this particular — if you could just read to the jury: from whom the message is sent, what the content is, and then what the time is.
MS. MCCABE: So John sent to me — "we're out" — at 12:14.
MR. LALLY: Would it assist you if you have that? Okay. So the next bubble down is a blue bubble, is that correct?
MS. MCCABE: Correct.
MR. LALLY: Similar to the one before — you just read — as far as that — well, before I get to that — so you receive that message from Mr. O'Keefe, you call him, have a conversation, he calls you back — that conversation?
MS. MCCABE: Correct.
MR. LALLY: And then subsequent to that, read the next bubble down — as far as from whom, what the content is, and what time.
MS. MCCABE: So this one is from myself to John, and it says "here" at 12:27.
MR. LALLY: So at that point you see a car out front and you text him "here" — looking out the front storm door, seeing a car — then sent that text?
MS. MCCABE: Correct.
MR. LALLY: And in fact, if you could — ma'am, similar to before, if you could just say who sent it, what's the content, and what is the time.
MS. MCCABE: I sent to John "pull behind me" at 12:31.
MR. LALLY: And what were you referring to when you said "pull behind me"?
MS. MCCABE: So at this point, 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.
MR. LALLY: Again, with this bubble — if you could read: from whom, to whom, saying what, and the time.
MS. MCCABE: From me to John, saying "hello" — and it was at 12:40.
MR. LALLY: And at this point in time, as far as — let me ask you this way: when you're sending these text messages over these periodic intervals, ma'am, what are you doing in between?
MS. MCCABE: So I would go — I originally went to the front door, saw the car, texted them, then texted John, then I went back, kind of sat at the table, just — either threw my phone, probably in my back pocket — and then a couple minutes later I got up again and saw that the car had moved. So I had sent the "pull behind me," and then a few minutes later I went back to the window — to the front door, I'm sorry.
MR. LALLY: And when you went back to the front door, what if anything did you see?
MS. MCCABE: So at this specific point, at 12:40, when I say "hello," I cannot be certain whether they were still out front or if they had left.
MR. LALLY: And from any of these text messages that you sent, what kind of response did you receive from Mr. O'Keefe?
MS. MCCABE: None.
MR. LALLY: Reading: Myself to John — "where are you" — at 12:42. Myself to John, "hello," at 12:45. Now this is later in the morning and we'll get to that a little bit more, but at some point you left the residence on Fairview, you went home, and you were awoken by something, and then at some point you texted John later on that morning of the 29th?
MS. MCCABE: Yes.
MR. LALLY: You know these next couple of text messages you sent at that point?
MS. MCCABE: Correct. Similar to the other one — 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.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Now, ma'am — I can take you back to at the house on Fairview again. You're sending these text messages and going back to the table and then going back to the front door at various times?
MS. MCCABE: To the front door, yes.
MR. LALLY: And at any point in time, do you see anybody exit from the dark SUV — the black SUV you saw in front of the house?
MS. MCCABE: No.
MR. LALLY: And at any point in time did John O'Keefe come into the house?
MS. MCCABE: No.
MR. LALLY: And at any point in time did John O'Keefe respond to your text messages?
MS. MCCABE: No.
MR. LALLY: At any point in time did John O'Keefe call?
MS. MCCABE: No.
MR. LALLY: Now, at some point subsequent to this, have you had occasion to look at your phone or at your call history?
MS. MCCABE: Yes.
MR. LALLY: And through review of that, were you able to see phone calls that your phone made to John O'Keefe's phone around that same time frame that you were texting him and going to the door?
MS. MCCABE: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you a four-page document. When you're finished, if I could suggest — I think it starts in reverse order from page four timing-wise up through page one, for just generally speaking — ma'am, do you recognize what's contained in that four-page document?
MS. MCCABE: I do.
MR. LALLY: And what do you recognize it to be?
MS. MCCABE: The calls between myself and John O'Keefe.
MR. LALLY: And am I correct that it starts with the earliest calls on page four and then the most recent on the first page?
MS. MCCABE: Yes.
MR. JACKSON: Ellie, why don't you show another picture if this one isn't helpful?
MR. LALLY: And the phone calls that you were testifying about before, as far as talking to him on the way from the Waterfall to the residence on Fairview — do they appear in those?
MS. MCCABE: They do.
MR. LALLY: Okay, so, Ms. McCabe, as far as the first calls that you were testifying about — as far as when you spoke to Mr. O'Keefe on the
MS. MCCABE: Yes.
MR. LALLY: And, your honor, with your permission, I would ask to publish with this witness Exhibit 71, 72, and 73.
JUDGE CANNONE: Okay. I think you can just go right to what you want her to identify. Please, Mr. Lally.
MR. LALLY: Ms. McCabe, in front of you on the desk there should be a laser pointer. Just click on the button and point at the screen. And if I could ask — if you could direct — well, first, with respect to this photograph, do you observe in this photograph where you first saw the black SUV?
MS. MCCABE: But it was directly — if I was staring out the front door — so this angle is kind of unique to see it. But if you go from the front door directly straight out, so maybe the edge — you understand what I'm saying. Using that — so if there's the front door and I look straight out, but the perception is almost like a side view, it's not straight on, so it could have been a little over here.
MR. LALLY: Yes, so just — follow this and then come straight. And lastly — now, Ms. McCabe, you testified that at another point you came to the front door and observed the vehicle at a different location, right?
MS. MCCABE: Correct. If you could, again using the laser pointer, just direct attention to where in this photograph — if at all — you observed where the vehicle was the second time. It was right above — right near the fl— —
MR. LALLY: Now, turning your attention back inside the home — at some point you indicated you looked out and didn't see the black SUV there anymore, correct?
MS. MCCABE: Correct.
MR. LALLY: And what was your thought as far as where John was or where John had gone at that point?
MS. MCCABE: At that point I thought maybe they decided not to come in, maybe they got into an argument, or maybe Kaye had called.
MR. LALLY: Did you think much of it at that point?
MS. MCCABE: No.
MR. LALLY: Now, you leave the home around what time approximately?
MS. MCCABE: Between roughly 1:30, 1:45.
MR. LALLY: And when you leave, who, if anyone, goes with you?
MS. MCCABE: So it's myself, my husband Matt — and I had offered — when Julie Nagel's brother had come — had come to the house earlier, I had offered Julie and Sarah Levinson a ride home, because we had just gotten there and they had wanted to stay later. So I also drove home Julie and Sarah — well, my husband drove them home.
MR. LALLY: And so you exit the house, go out to the vehicle, correct?
MS. MCCABE: Correct.
MR. LALLY: And your husband Matt was driving?
MS. MCCABE: Yes.
MR. LALLY: Where are you seated?
MS. MCCABE: In the front seat.
MR. LALLY: And do you recall where Miss Levinson and Miss Nagel were seated in the car?
MS. MCCABE: They were in the back seat.
MR. LALLY: You recall which one was on which side?
MS. MCCABE: I do not.
MR. LALLY: And when you come out of the house and you're starting to go home, what, if anything, had changed as far as the weather from when you had gone in to when you came out?
MS. MCCABE: The snow had, you know, accumulated more.
MR. LALLY: And when you get into the vehicle and as the vehicle is pulling away, what, if any, conversation do you recall having with anyone in the car?
MS. MCCABE: I — when I got in the car, I kind of turned around to Julie? —
JUDGE CANNONE: I'm going to allow this. Subject to motion to strike? that portion. Go ahead.
MS. MCCABE: I turned around and was facing them and talking to them, and I believe Sarah Levinson had laughed or made a joke because I had bread or something in my car, and we made a joke about that. I had had my niece earlier that week for the week, and so I had brought stuff in the car because I was dragging her from one of my kids' sporting events to the next.
MR. LALLY: And did you observe which direction your husband Matt exited from the residence on Fairview? And by that I mean, did he head towards Chapman, or did he head towards —? And so as far as — I may not have asked this before — but as far as the black SUV that you observed in front of the house, which direction was that vehicle facing? Chapman? Each of the times that you saw it?
MS. MCCABE: Yeah, yes.
MR. LALLY: And so — as with that vehicle, as with the one your husband was driving — which side of the vehicle would have been closest to the house on Fairview?
MS. MCCABE: Passenger.
MR. LALLY: Now, as you're driving past the house heading home, how are you positioned within the car?
MS. MCCABE: I'm turned, chatting to the girls.
MR. LALLY: And when you're turned, are you turned towards the window or are you turned towards the console? Which way are you turned?
MS. MCCABE: Towards the console, towards the back seat. So my back is to the window.
MR. LALLY: And either of these girls — did you know where they lived?
MS. MCCABE: No.
MR. LALLY: Do you recall whether or not you found their homes by way of Sol?, or was it just sort of verbal directions?
MS. MCCABE: I'm assuming they just gave Matt directions to where they lived.
MR. LALLY: So you dropped each of them off. Do you recall which order they were dropped off?
MS. MCCABE: Julie, then Sarah.
MR. LALLY: And then following dropping off Sarah, where did you and your husband go?
MS. MCCABE: Home.
MR. LALLY: And this whole trip — sort of from Fairview to dropping off Miss Nagel, Miss Levinson, and then going home — about how long a period of time?
MS. MCCABE: It could be 20-30 minutes, approximately — maybe about approximately 20 minutes. Not exactly sure.
MR. LALLY: You arrived home sometime after 2 a.m., is that correct?
MS. MCCABE: Yes.
MR. LALLY: And when you and your husband Matt got home, went inside the house — where did you go?
MS. MCCABE: I went upstairs to bed.
MR. LALLY: And at some point did your husband come up as well?
MS. MCCABE: He did.
MR. LALLY: Was it a long period of time between when you arrived home and when your husband came up?
MS. MCCABE: I don't think too long. I think he had like some cheese or something because he was on a crazy diet, and then he came upstairs.
MR. LALLY: Now, did you go right to sleep, or what, if anything, did you do when you went up to bed?
MS. MCCABE: I asked him to watch a show. He said no, he was going to fall asleep, which he does usually immediately. And I went on my phone.
MR. LALLY: And what, if anything, do you recall doing on your phone?
MS. MCCABE: I was researching — my husband and I did briefly talk — my daughter had gotten an offer to play on a club bas—
MR. LALLY: Just — just tell us what you were doing, please.
MS. MCCABE: Sure. I was researching a basketball team, and I believe I also texted my sisters, and I texted in a group chat with my husband and another individual.
MR. LALLY: Now, if I could just turn your attention back to when you're at the house on Fairview that evening — and I believe this is the last one, so I apologize for the back and forth — but when you were there, what, if any, videos or music or anything did you pull up on your phone to share with the group?
MS. MCCABE: So one of my sisters loves this song "It's Raining Men," and she always — well, not always, maybe every once in a while she's had a little too much to drink — and takes out an umbrella and sings and dances, and it's like a big family joke. And my other nephew had previously been over and showed me the video from whenever — I don't know if it's the 1970s — of "It's Raining Men." So I just was playing it, showing my other nieces and nephews, and we were just laughing because they all have umbrellas, and it's just something — it's like an inside family joke. So I played that I think a couple of times.
MR. LALLY: And so after you get home and you're looking at the basketball program and things of that nature, what, if anything else, did you do before you went to bed or went to sleep?
MS. MCCABE: Nothing. I possibly could have gotten up to go to the bathroom — I do that almost every night.
MR. LALLY: Now, at this time you had an iPhone, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Did you also have an Apple Watch?
MS. MCCABE: I did, yes.
MR. LALLY: And do you recall whether or not you were wearing the Apple Watch that evening, or when you went to bed, or anything like that?
MS. MCCABE: I do not recall.
MR. LALLY: And as far as the Apple Watch is concerned, is that something that you routinely or always take off before you go to bed, or not?
MS. MCCABE: Mostly, but not always. I mean, there are times I go to bed with it on. More often than not I take it off, but there are times that I do sleep with it.
MR. LALLY: And with respect to this particular evening, do you recall whether you had it on, or whether you took it off, or even had it on at all?
MS. MCCABE: I don't recall if I had it on that night.
MR. LALLY: Now, coming back to that last exhibit — as far as the phone calls were concerned — were there certain phone calls that you made to Mr. O'Keefe's phone around the time that you were observing the vehicle outside?
MS. MCCABE: Yes.
MR. LALLY: Did you recall making any phone calls to Mr. O'Keefe at that time?
MS. MCCABE: I don't.
MR. LALLY: So at no point while you saw the vehicle outside did you have any conversation with Mr. O'Keefe?
MS. MCCABE: I didn't.
MR. LALLY: Now, you go to sleep. And at some point later on in the morning, you wake up, correct?
MS. MCCABE: Correct.
MR. LALLY: And what is it that wakes you up? And when about was that?
MS. MCCABE: I was woken up to my phone ringing.
MR. LALLY: And did you know what time it was?
MS. MCCABE: 4:53.
MR. LALLY: And according to your phone, who was calling you at 4:53?
MS. MCCABE: John's niece.
MR. LALLY: And so that would be John's niece, Kaylee, is that correct?
MS. MCCABE: Correct.
MR. LALLY: And how old was she at this time?
MS. MCCABE: I believe she was 14.
MR. LALLY: And she had just gotten into Bishop F—, correct?
MS. MCCABE: Correct.
MR. LALLY: She was finishing up her 8th grade year of middle school?
MS. MCCABE: Yes.
MR. LALLY: Is that a normal thing, that Kaylee will be calling you at 4:53 in the morning on a Saturday?
MS. MCCABE: No.
MR. LALLY: So you answer the call, is that correct?
MS. MCCABE: Yes.
MR. LALLY: When you answer the call, who, if anyone, is initially on the other end?
MS. MCCABE: Initially it's Kaylee.
MR. LALLY: And what, if anything, did Kaylee say to you?
MS. MCCABE: That John didn't come home, and Karen — and they wanted to talk to me.
MR. LALLY: And even in that initial call, when — you're speaking to Kaylee, what if anything did you hear sort of in the background when you were talking?
MS. MCCABE: Karen screaming.
MR. LALLY: And could you hear what she was screaming?
MS. MCCABE: She was just screaming "Jen," you know, "Jen, Jen" — fairly loudly.
MR. LALLY: Is that correct?
MS. MCCABE: Extremely.
MR. LALLY: Now at some point does the defendant get on the phone with you?
MS. MCCABE: She does.
MR. LALLY: And what conversation did you have with her at that point?
PARENTHETICAL: [unclear]
PARENTHETICAL: [unclear]
MR. LALLY: in relation to — how did you know him?
MS. MCCABE: She proceeds to scream my name multiple times and she tells me that John didn't come home, they got into a fight, and that she left him at the Waterfall.
MR. LALLY: And how do you respond?
MS. MCCABE: I had just woken up, I was confused, I didn't know what she was talking about. I was trying to — — I was like, "What are you talking about?" And then she told me that they had gotten into a fight and she left him there and "Now where is he?" And she just kept screaming my name over and over. And so then I remembered that Chris Albert had still been at the bar, so I thought, well, maybe John walked home with Chris because Chris lives close to the Waterfall. And so at some point that conversation ended.
MR. LALLY: And do you recall how that ended?
MS. MCCABE: I told her that I was going to call Julie and see if John had ended up with Chris.
MR. LALLY: So you hang up with her and then what did you do?
MS. MCCABE: Then I called Julie Albert.
MR. LALLY: And did Julie pick up the phone?
MS. MCCABE: She did not.
MR. LALLY: And as you were calling Julie, did you have any conversation with your husband Matt around that time?
MS. MCCABE: Yes. He had kind of shot up out of bed when Karen had called — well, and Kaylee had called because Karen was screaming — and then he was like, "What's going on?" And I said, "Well, I'm calling Julie because Karen, they got into a fight," and I was trying to explain it to him. And he said, "What are you talking about? We saw them outside of your sister's house." And at that point I hung up.
MR. LALLY: And when you hung up, Julie had not answered yet — is that correct?
MS. MCCABE: Correct.
MR. LALLY: Now as far as Miss Read — and your sister — is that someone who had your phone number? Did you have her plugged in your phone as a contact before that date of January 29th?
MS. MCCABE: No.
MR. LALLY: Never had any kind of conversation with her over phone — as far as a text or a phone call or anything — you didn't even have her information, correct?
MS. MCCABE: Correct.
MR. LALLY: And so after hanging up, while calling Julie, what if anything did you do?
MS. MCCABE: And then I'm not sure if I called Kaylee back or if Kaylee called me back.
MR. LALLY: At some point you get back in touch with Kaylee — or rather your phone, correct?
MS. MCCABE: Yes. I get — Karen — I get in touch with Karen again, and I say, "Karen, we saw you outside of my sister's."
MR. LALLY: And what was her response to that?
MS. MCCABE: She told me that she — — didn't remember going there, and then she started yelling, "Jen, Jen," and then she was saying, "Did I hit him? Could I have hit him?" And then she proceeded to say that she had a cracked tail light.
MR. LALLY: This is while you're still in your home and you're in your bedroom, correct?
MS. MCCABE: Correct.
MR. LALLY: And what was your response to that?
MS. MCCABE: I just — I thought she was honestly just talking crazy. And then she said, "Oh my God, I left him there" — she was extremely irrational. She told me again that they had gotten into a fight, so now she was just kind of all over the place, just screaming. She was very hard to understand. And so my brain started — — going, "Okay, well, if she left him there, where could he be? Who could he be with?"
MR. LALLY: As you're going through that sort of process, what did you do next?
MS. MCCABE: So then, earlier in the night, there was another individual who we had been in contact with — or my husband had been talking to — and he was going to meet up with John at the Waterfall as well, but he never ended up coming. I knew he was at a house close to Fairview, so I thought, well, maybe if they got into a fight, John might have texted this individual and maybe he just ended up on his couch.
MR. LALLY: Who was that individual?
MS. MCCABE: Tom
MR. LALLY: And how — who is Tom
MS. MCCABE: He has two daughters that are the same age as my daughters.
MR. LALLY: As one of those daughters — at least around the same age as Kaylee?
MS. MCCABE: Yes.
MR. LALLY: And so based on that sort of thought process, what did you do then?
MS. MCCABE: So then I started calling Tom.
MR. LALLY: At any point when you called Tom, did Tom pick up the phone — did you speak with him?
MS. MCCABE: He did not.
MR. LALLY: And so following that, what did you do?
MS. MCCABE: So I know at some point I was calling — starting to call John, my husband was as well. At that point I get up and I'm like, "Okay, well, we've got to go out and look for him." And in my head I was thinking I'll — — drive over to Tom's and maybe he's there. I then go downstairs, Matt gets up, he's starting to get dressed, I go downstairs, I make a coffee, and I'm not sure how much time passed. But then all of a sudden I hear screaming out front.
MR. LALLY: Now, if I could just take you back for a second — as far as the decade or so that you had known and been friends with John — with his niece or his nephew both home — is him not coming home something that had ever happened before, were you ever aware of that before? Had John ever gone out at night and then not come home when the kids —
MR. YANNETTI: Objection.
JUDGE CANNONE: I'm going to allow it.
MS. MCCABE: Not to my knowledge, no.
PARENTHETICAL: [unclear]
MS. MCCABE: 's.
MR. LALLY: So at some point you make your way downstairs — is that right?
MS. MCCABE: Correct.
MR. LALLY: And then what if anything did you hear once you were downstairs?
MS. MCCABE: Screaming.
MR. LALLY: And where did the screaming come from?
MS. MCCABE: Out front.
MR. LALLY: And when you heard that screaming, where did you go?
MS. MCCABE: I ran to my front door.
MR. LALLY: At some point did you open your front door?
MS. MCCABE: I opened my front door, correct.
MR. LALLY: And then what did you see when you opened the front door?
MS. MCCABE: Miss Read came running up my walkway.
MR. LALLY: And prior to — during any of the other conversations that you had had with Miss Read — did you know where she was when you were talking to her?
MS. MCCABE: No. Obviously the first call was Kaylee calling from the house, and then yes.
MR. LALLY: And as far as the second call that you were talking about, do you know where she was when she was talking to you?
MS. MCCABE: The first couple of calls I know she was at the house, and then I don't know.
MR. LALLY: So opening your door, hearing the screaming from out front — was that something that surprised you?
MS. MCCABE: Yes.
MR. LALLY: And when you heard the screaming, if you could just explain to the jury how loud was the screaming?
MS. MCCABE: Very loud.
MR. LALLY: And what if anything was she saying at this point?
MS. MCCABE: It was more of the "Jen, Jen, did I hit him?" And then she would yell, "Did I hit him? Could I have hit him?" And then she was yelling, "We have to go to Fairview."
MR. LALLY: And in addition to Miss Read, what if anything else did you see when you opened up the door?
MS. MCCABE: A vehicle.
MR. LALLY: And where was the vehicle and what did the vehicle look like?
MS. MCCABE: It was in my driveway. I believe the driver's door was left open.
MR. LALLY: And what kind of vehicle was it?
MS. MCCABE: A black Lexus, consistent with what you had seen outside of Fairview the night — or earlier in the morning.
MR. LALLY: Yes. And so as she's coming up your walk toward your front door — running?
MS. MCCABE: Yes.
MR. LALLY: And then what if any conversations did you have with her there?
MS. MCCABE: I just said, "Karen, Karen," you know, I was trying to calm her down. Matt came — I believe — and was yelling down that she was going to wake up the neighborhood. And then she was yelling that we had to go to Fairview. So I told Matt that I was going to go with Karen.
MR. LALLY: Initially, before that, what were your plans as far as going to look for John — before Miss Read showed up?
MS. MCCABE: My husband and I were going to go to Tom
MR. LALLY: Now, once you decide that you're going with Miss Read, the defendant — where did the two of you go?
MS. MCCABE: So as we walked out, there was a car pulled up and then a plow.
MR. LALLY: Did you recognize the car that pulled up?
MS. MCCABE: No.
MR. LALLY: I'm sorry, I interrupted. So the car pulls up and then the plow — and then what happens?
MS. MCCABE: So in the car was Kerry Roberts, and she kind of rolled down the window — "Karen, what are you doing?" And then the plow was behind her. So Karen — Kerry pulled up, and I believe — 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."
MR. LALLY: And you didn't see him when you opened up the door initially — and you come outside and you see the defendant out there screaming and all that. Again, with respect to the weather — what was the weather at that time?
MS. MCCABE: It was dark and it was almost like a whiteout.
MR. LALLY: And so you get into Miss Read's vehicle, correct?
MS. MCCABE: Yes.
MR. LALLY: And you're driving that vehicle from your house to Meadow Street — is that correct?
MS. MCCABE: Yes.
MR. LALLY: That's Mr. O'Keefe's house?
MS. MCCABE: Yes.
MR. LALLY: You're familiar with that residence, you've been there plenty of times before?
MS. MCCABE: Yes.
MR. LALLY: Now with respect to Kerry Roberts — did you know Kerry Roberts prior to this morning of January 29th?
MS. MCCABE: I had met her once before.
MR. LALLY: And can you describe for the jury the circumstances of that — how you knew her prior to January 29th, way back when?
MS. MCCABE: After John's sister and brother-in-law died, I would have Kaylee a lot, and Kerry would have Patrick. And one day John said, "I get a discount at Reebok, I'm going to take you guys for sneakers, get all your kids' sizes." So he took Kerry and myself and we went to Reebok and bought sneakers for all my girls and me. And then he took Kerry and I to the Hillside for lunch, just to thank us for, you know —
MR. LALLY: Helping — because that's what he did. Now, was Kerry Roberts someone that you had as a contact saved in your phone? Had you ever texted her, called her, talked to her over your phone before?
MS. MCCABE: No.
MR. LALLY: So you indicated that Miss Roberts then calls Miss Read's phone while you're in Miss Read's car. Correct?
MS. MCCABE: Yes.
MR. LALLY: Now as far as Miss Read's phone — that was similar to your phone? The earlier in the morning — was that hooked up in any way, or matched or paired with the vehicle that you were driving?
MS. MCCABE: Yes.
MR. LALLY: So fair to say you could hear both sides of the conversation — as far as Miss Read talking next to you and then obviously Miss Roberts on the other end?
MS. MCCABE: Yes.
MR. LALLY: So the conversation that you were talking about — as far as Miss Roberts saying "shut up" and "we're going to Meadow" and all that — you could hear Miss Roberts saying that?
MS. MCCABE: Yes.
MR. LALLY: Now the vehicle — when you got into the defendant's vehicle, she had pulled in straight into your driveway. Is that correct?
MS. MCCABE: Yes.
MR. LALLY: So fair to say you had to back out of the driveway, correct?
MS. MCCABE: Correct.
MR. LALLY: Now when you were operating Miss Read's vehicle in reverse, what if anything showed up in sort of the center console area of that?
MS. MCCABE: I do not remember. I don't know.
MR. LALLY: Do you recall anything as far as the camera or anything like that?
MS. MCCABE: I don't remember. I don't remember.
MR. LALLY: You back the vehicle out of the driveway and you proceed to Meadow Avenue, correct?
MS. MCCABE: Yes.
MR. LALLY: And about how long a drive is it from your house to Mr. O'Keefe's?
MS. MCCABE: Approximately five, six minutes.
MR. LALLY: And when you get to Mr. O'Keefe's house, where do you park?
MS. MCCABE: I pull straight into the driveway.
MR. LALLY: And after you pull into the driveway, at some point you all get out, correct?
MS. MCCABE: Yes.
MR. LALLY: Do you recall who pulled in first as far as who was in front on the way to Meadow Avenue — yourself or Miss Roberts?
MS. MCCABE: I believe I was in front.
MR. LALLY: You would have pulled into the driveway and parked, and Miss Roberts would have pulled in and parked behind, correct?
MS. MCCABE: Yes.
MR. LALLY: And so after the three of you get out of your respective vehicles, what happened?
MS. MCCABE: Karen brings us to the back of the car and she says, "Look, see, I have a cracked tail light."
MR. LALLY: And where on the vehicle was she directing yourself and Miss Roberts' attention?
MS. MCCABE: The back right — the passenger side rear part of the vehicle.
MR. LALLY: Yes. And when you looked at that area of the vehicle, what could you see?
MS. MCCABE: I saw that there were missing pieces, but there was also snow covering it. And Karen was screaming, "Look, look!" And then Kerry was screaming back at her. It was very chaotic, so I didn't stare in depth. But what I can tell you is they were missing — I saw missing pieces from the tail light.
MR. LALLY: And at some point — about how long a period of time is this that you're out at Mr. O'Keefe's driveway looking at the car?
MS. MCCABE: Not long, because then Kerry, you know, was yelling at her, telling her she's crazy — that she was driving around drunk and she could have hit anything — and kind of rushes us to go into the house to look in there for John.
MR. LALLY: With the Court's permission, I would ask if I could publish on the screen what's been marked as Exhibit Number Two.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. McCabe, do you recognize what's up on the screen?
MS. MCCABE: I do.
MR. LALLY: What is that?
MS. MCCABE: That is Meadow Avenue — John's house.
MR. LALLY: And the driveway that you're talking about, as far as where you pulled in — that's not visible on this photograph, correct?
MS. MCCABE: Correct.
MR. LALLY: So from facing the house on Meadow Avenue, which side of the photograph would the driveway be — the left or the right?
MS. MCCABE: The left.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm just showing you another photograph. If you could just take a look at that. --- Okay. Do you recognize what's in that photograph?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize in that photograph?
MS. MCCABE: That's John's car.
MR. LALLY: And where is John's car in relation to John's house?
MS. MCCABE: It's parked to the side of the driveway.
MR. LALLY: And you also see sort of the garage area in that photograph?
MS. MCCABE: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Move to introduce —
MR. JACKSON: Objection.
JUDGE CANNONE: You may proceed with the question.
MR. LALLY: Permission if I can publish to the jury now as well?
JUDGE CANNONE: Okay.
MR. LALLY: Now, Ms. McCabe, with reference to what's up on the screen — is that the photo you just looked at?
MS. MCCABE: Yes.
MR. LALLY: And there are two garage doors on the house at 1 Meadow Avenue, correct?
MS. MCCABE: Correct — left and right.
MR. LALLY: ---
MS. MCCABE: Yes.
MR. LALLY: And you've been inside Mr. O'Keefe's house a number of times, correct?
MS. MCCABE: Yes.
MR. LALLY: Now with respect to the garage door on the left — what was contained within that part of his garage?
MS. MCCABE: An old-fashioned car.
MR. LALLY: Yes. And on the right side of the garage, what was in it?
MS. MCCABE: It's pretty open.
MR. LALLY: How would you describe Mr. O'Keefe as far as how he kept things around his house — either in the house or the lawn, or things around?
MS. MCCABE: John was very meticulous. Everything had its place.
MR. LALLY: Now when you arrive there on the morning of the 29th, his vehicle wasn't parked in the garage, correct?
MS. MCCABE: Correct.
MR. LALLY: From the outside of the residence, were you aware of there being any sort of security cameras or anything fixed to the house? What did Meadow Avenue have at that time?
MS. MCCABE: Yes.
MR. LALLY: How were you aware?
MS. MCCABE: John told us. He was — I don't remember — years prior, I believe, he came over and he was so excited that he got a Ring camera, and he would always show us it. He just was always watching. And when he would show you that,
MR. LALLY: How would he show you? On what kind of device?
MS. MCCABE: On his phone. He had the Ring application set up.
MR. LALLY: Yes. Now with respect to that morning when you arrive — if you could, using the laser pointer, just sort of indicate for the jury whereabouts you had parked.
MS. MCCABE: So it would be right there, because John's car was further over — Mr. O'Keefe's car was further over towards the — yes.
MR. LALLY: And so when you arrive there, you're looking at the tail light, and at some point you go in the house, right?
MS. MCCABE: Correct.
MR. LALLY: How did you get into the house that morning?
MS. MCCABE: The right garage door was open.
MR. LALLY: Now is that something normal — as far as when you get to Mr. O'Keefe's house — that the garage door is open in a snowstorm?
MS. MCCABE: No.
MR. LALLY: And so you go in through the garage door and then you go into the house, correct?
MS. MCCABE: Yes.
MR. LALLY: And if you could, Ms. McCabe, describe to the jury — when you come into that right garage door and you start to go into the house, what is it when you first come into the house and what is sort of the layout?
MS. MCCABE: You walk in from the garage and there's a mud room.
MR. LALLY: And typically when you would walk into Mr. O'Keefe's house, what if anything would you or anyone else do when they walked into his house?
MS. MCCABE: Take off your shoes.
MR. LALLY: And why was that?
MS. MCCABE: He didn't want dirt — or that morning, snow — probably getting all over his house.
MR. LALLY: So that was a pretty well-known rule for anybody that spent any time at his house on Meadow Avenue?
MS. MCCABE: Yes.
MR. LALLY: And so when you and Miss Roberts and Miss Read walked into the home that morning into the mud room, what did you do? What did Miss Roberts do? What did Miss Read do?
MS. MCCABE: I took off my boots — or shoes, whatever I had on. Kerry Roberts took off hers. Karen just ran straight into the house.
MR. LALLY: You and Miss Roberts both took off your shoes, and Miss Read then just walked into the house with boots or shoes or whatever she was wearing?
MS. MCCABE: Yes.
MR. LALLY: And then once you get into the house, where is it that the three of you went respectively once you got in?
MS. MCCABE: We all dispersed. I looked in the TV room where there is a couch. Then I kind of walked through a dining room and then I peeked into a living room. I went upstairs. I looked in John's room. Kerry was also running around to different rooms. And then I went into Kaylee's room.
MR. LALLY: And during this time, when you and Miss Roberts are sort of going around room to room, what was it the defendant was doing?
MS. MCCABE: I'm not sure.
MR. LALLY: When you saw her, was she doing the same thing that you were doing?
MS. MCCABE: No.
MR. LALLY: Now with respect to you — you went, at least peeked into John's bedroom, is that right?
MS. MCCABE: Yes.
MR. LALLY: What if anything did you note about the bed when you looked?
MS. MCCABE: It was made.
MR. LALLY: And so then you go into Kaylee's room and check on her, correct?
MS. MCCABE: Yes.
MR. LALLY: And at any point in time, did you see Patrick?
MS. MCCABE: No.
MR. LALLY: And were you aware of where Patrick was, or did you know at that point?
MS. MCCABE: At that point, I believe Kaylee told me he was at a sleepover.
MR. LALLY: So you have some conversation with Kaylee, is that right?
MS. MCCABE: Yes.
MR. LALLY: And about how long a conversation did you have with Kaylee?
MS. MCCABE: Probably about a few minutes.
MR. LALLY: And when you left from Kaylee, what is it that you said to her as you were leaving?
MS. MCCABE: I promised Kaylee that I would find John and everything was going to be okay.
MR. LALLY: So after that, where did the three of you go from there?
MS. MCCABE: After that, the three of us got in the car and we drove to Fairview.
MR. LALLY: And when you say you got into the car, which car?
MS. MCCABE: Kerry's.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Again, I'm showing you two photographs. If you could just look at those. --- Do you recognize what's in those photographs?
MS. MCCABE: Yes.
MR. LALLY: And what do you recognize in those?
MS. MCCABE: The defendant's vehicle.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
PARENTHETICAL: [sidebar]
JUDGE CANNONE: I just want to say — I appreciate counsel trying to work together for this. It's probably going to take too long, so we're just going to make do. We've had enough interruptions.
MR. JACKSON: No objection.
MR. LALLY: With the Court's permission, if I could publish to the jury now as well.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. McCabe, what's depicted in this photograph — is that the defendant Miss Read's vehicle?
MS. MCCABE: Correct.
MR. LALLY: And in sort of focus here is the right rear passenger side of that, correct?
MS. MCCABE: Correct.
MR. LALLY: And the tail light — if you could with the laser pointer, just direct the jury's attention to where you observed that. Now, with respect to what's depicted in this photograph, as far as any damage that you observe to this tail light area on the rear passenger side — is that consistent with what you observed in the driveway at Meadow Ave when the defendant was showing you the snow, et cetera?
MS. MCCABE: Correct.
MR. LALLY: And again, you recognize what's depicted in this photograph?
MS. MCCABE: Yes.
MR. LALLY: And this is essentially a closer image of that same rear passenger side tail light, correct?
MS. MCCABE: Yes.
MR. LALLY: Again, what's depicted in this — is that consistent with what you observed, minus sort of the caked-in snow, when you were in the driveway of Mr. O'Keefe's house on the morning?
MS. MCCABE: Yes.
MR. LALLY: Thank you. You can take that down. Your Honor, with the Court's permission, I would ask to publish just a short portion — actually, I'm sorry — if I could publish a portion of what's been marked as Exhibit 6, which is the ring camera from the driveway.
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have video number 5. Directing your attention up to the screen — what's been marked Exhibit 6, or video from Exhibit 6 — you recognize what's in this video?
MS. MCCABE: I do.
MR. LALLY: What do you recognize?
MS. MCCABE: That's myself getting out of the car at Meadow Ave.
MR. LALLY: Is that essentially where you parked Miss Read's vehicle when you pulled in?
MS. MCCABE: Yes.
MR. LALLY: If you could just direct the jury's attention with the laser pointer as to where Miss Read's vehicle is — if you see Miss Roberts's vehicle, that is Miss Read's and that would be Miss Roberts's. And as far as the right garage door that you entered into the house, if you could direct the jury's attention to whereabouts that would be — I know it's not on the video, but where would it be? [unintelligible] What was depicted in that video — is that consistent with what you observed the weather conditions to be around the time that you arrived at Mr. O'Keefe's house?
MS. MCCABE: Yes.
MR. LALLY: And lastly in this line — Your Honor, with the Court's permission — could I publish just a very short portion of what's been marked as Exhibit 41? If I could ask you to fast forward this to about 2 hours and 10 minutes. Stop there. Again, what's in this video — you recognize that?
MS. MCCABE: Yes, I do. That is John's house.
MR. LALLY: Now, what's depicted in this video — sort of the screen directly in front of you — do you recognize that?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize?
MS. MCCABE: That's John's driveway.
MR. LALLY: As far as what, if anything, you observe in John's driveway?
MS. MCCABE: John's car and Karen's car.
MR. LALLY: And where — if you could, using the laser pointer, just direct the jury's attention — where is John's car? Where is Mr. O'Keefe's car? And to the defendant's — and where you observe the defendant's car? [unintelligible] Is that essentially where you parked at that time?
MS. MCCABE: Yes.
JUDGE CANNONE: Okay. Sure. I'll see counsel at sidebar for just a minute.
MR. LALLY: Now, as far as what you observe from what you can see on the screen right now — the condition of the passenger side tail light — is that consistent with what you observed when you parked the vehicle there sometime earlier?
MS. MCCABE: It's kind of hard to see from this distance.
MR. LALLY: And just — if you could, lastly, with the laser pointer, direct the jury's attention to where in the video you see the rear passenger side tail light. laser pointer demonstration Now, Miss McCabe — you, yourself, the defendant, and Miss Roberts then get into Miss Roberts's vehicle, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Seated where within Miss Roberts's vehicle as you're going from Meadow Ave? What was the plan, and where were you going, sort of first, when you left Meadow Ave?
MS. MCCABE: We were going to Fairview.
MR. LALLY: And why were you going there?
MS. MCCABE: Because Karen kept screaming, "We need to go to Fairview now."
MR. LALLY: Who was seated where within the vehicle when you got in?
MS. MCCABE: Kerry was driving, I was in the passenger seat, and Karen was in the back.
MR. LALLY: And what were the lighting conditions at this point as you're driving over there?
MS. MCCABE: It was hard to see out the window — you really had to be kind of staring out. It was dark, the snow was coming down outside the car. And as you're making that drive — as Miss Roberts is making that drive from Meadow Ave to Fairview — about how long a drive is it? Approximately 10 minutes. I mean, with the weather, the lights, the street lights — I would say about 10 minutes, give or take.
MR. LALLY: And as far as during the drive from Meadow Ave to Fairview — what's going on inside the car over the course of that ride?
MS. MCCABE: Karen is in between us — like from the back, kind of pushing up in between Kerry and myself — and she's just screaming Kerry's name and my name over and over, and repeating certain phrases: "Could I have hit him? Did I hit him?" Kerry is yelling at her to shut up, to sit back, to buckle up, to look for John.
MR. LALLY: And while this is going on, what if anything are you and Miss Roberts doing in the front seat?
MS. MCCABE: We are just — she's slowly driving and I'm just peering out the window looking for John. I mean, it was a crazy situation. She's screaming, "He didn't come home. Could he be walking home? Where is he?" So we're just looking out the window looking for John.
MR. LALLY: Now, during the time that this is going on and Miss Read is sort of screaming in between you — was that continuous, or what if anything else did you see her doing in the back seat while you were going from Meadow Ave?
MS. MCCABE: I didn't see her doing anything. She just continuously screamed that, and then as we got by different landmarks, she then started screaming, asking if John could be at certain people's houses.
MR. LALLY: And whose houses was she asking if John could be at?
MS. MCCABE: If he could be at Bella's house.
MR. LALLY: Referring to the directions that you had provided the night before, correct?
MS. MCCABE: Correct.
MR. LALLY: And so that would have been — Bella was a child who was around the age of Kaylee and your daughter, correct?
MS. MCCABE: Yes.
MR. LALLY: And there have been, some years in the past, a dating relationship between Mr. O'Keefe and Bella's mom, correct?
MS. MCCABE: Yes.
MR. LALLY: And so Miss Read is saying that in the car that morning as you're driving over to Fairview?
MS. MCCABE: Yes. She asked, "Could he have been with Ashley?" And I looked at her and said no, because to me that was a crazy idea.
MR. LALLY: And then?
MS. MCCABE: And then Kerry had mentioned, "Oh, do you think he could have called somebody else that lived on a street over?" And she started screaming, "Who's that? Who's she?"
MR. LALLY: And you recall who Kerry referred to?
MS. MCCABE: Yes.
MR. LALLY: And who was that?
MS. MCCABE: A woman that John had previously dated.
MR. LALLY: And was that anywhere recent in time — when they had dated — to when you're driving around on January 29th?
MS. MCCABE: No.
MR. LALLY: So, similar to Bella's mother, it would have been years before, correct?
MS. MCCABE: Correct.
MR. LALLY: And so when Miss Roberts said that, what if anything did the defendant do?
MS. MCCABE: She was just spiraling, yelling about Ashley, who was Bella's mom — and just talking what I thought was very irrational about John maybe being with her.
MR. LALLY: So you're looking around outside of the vehicle as the vehicle is going down towards Fairview, is that correct?
MS. MCCABE: Yes.
MR. LALLY: And you recall how it was that Miss Roberts came about coming to Fairview — similar to the night before, did she come in from the Chapman side?
MS. MCCABE: From Chapman.
MR. LALLY: And as the vehicle turned from Chapman onto Fairview, what if any conversation was going on at that point?
MS. MCCABE: Well, Bella lives on that street, so that was when that conversation was being had. Also just a continuation — it was just like continuous screaming of our names. Kerry screaming at her to sit back. And then sometimes she would sit back and almost like be quiet for a minute, and then it would start all over again.
MR. LALLY: Now, as you were coming down Fairview Road, what if anything were you saying to Miss Roberts? Did Miss Roberts know where she was going, as far as where your sister lived?
MS. MCCABE: No. I told her that my sister lived at the bottom, and then as we got closer I said, "Just past — see where those trees are — just past the trees is my sister's house."
PARENTHETICAL: [gap]
MR. LALLY: As you got in that area of sort of the trees, from the residence of your sister at 34 Fairview Road — the trees that you're talking about, where are they in relation to the property?
MS. MCCABE: They're at the start of the property — the trees — and then their property begins.
MR. LALLY: And so the flagpole area and fire hydrant that you were talking about in earlier exhibits — is that in the same area as the trees?
MS. MCCABE: Yes. A little — it goes the trees, and then the fire hydrant — you know, then further off is the fire hydrant and the flagpole.
MR. LALLY: As coming down Fairview, now approaching 34 Fairview, the house would be on which side of the vehicle — on the driver's side or the passenger side?
MS. MCCABE: The driver's side.
MR. LALLY: And as you approach that area, ...where the trees and the flag pole and the fire hydrant were — what if anything happens?
MS. MCCABE: We pass — we drive past the flag pole area, and all of a sudden Karen starts screaming "There he is, there he is!" and she's banging to get out and banging on the door in the back seat.
MR. LALLY: Yes. And at the time that she's saying this, were you able to see anything outside of the vehicle?
MS. MCCABE: I saw nothing.
MR. LALLY: And what if anything — but she's banging and kicking the — or banging on the door — what did Miss Roberts —?
MS. MCCABE: Miss Roberts unlocked the door, Karen got out. Miss Roberts looked at me and said something like "She's crazy" or "She's bad crazy" — something like that.
PARENTHETICAL: [court officer]
MR. LALLY: : Huh? Okay. You recognize any of the individuals up on that screen?
MR. LALLY: And when the defendant gets out of the vehicle, where is it that she goes?
MS. MCCABE: She just runs — runs straight to John.
MR. LALLY: And again, when she's running, at this point in time can you see what she's running for, or where she's going, or anything —?
MS. MCCABE: I was on the passenger side, so as she — as I got out, she was already at John.
MR. LALLY: So she gets out and essentially makes a beeline over to where John was?
MS. MCCABE: Correct.
MR. LALLY: And you're getting out of the passenger side, and by the time you come around the car, she's already there?
MS. MCCABE: Yes.
MR. LALLY: And when she gets over there, could you — what if anything could you see?
MS. MCCABE: She straddles John and she lifts up his shirt, and then she lifted up her shirt and went to lay on him. And Miss Roberts — Miss Roberts went over and she was removing the snow from his face.
MR. LALLY: Let me take a step back from that just for a moment. Your Honor, with the court's permission, I would ask to publish just a portion of what's been marked as Exhibit 12.
JUDGE CANNONE: Okay. Mr. Woll —
MR. LALLY: I'm going to direct your attention up to the screen and what has been marked as Exhibit 12. And I know this is not something that pertains to your vehicle or anything else. What I'm going to ask you as it plays through is if what you observe in this video is consistent with what you observed during the drive to Fairview Road. That quick. Now as this video is running — Mr. Woll, if I could — just ask: what you see in this video, is that consistent with sort of the lighting and the conditions weather-wise that you observed when Miss Roberts is driving from Meadow —?
MS. MCCABE: Yes.
MR. LALLY: You recognize whereabouts in the town of Canton this is, perspective-wise, as far as what street or where it is?
MS. MCCABE: And [unintelligible] — yes. That is — we just passed Casey's corner store and that is Chapman Street.
MR. LALLY: Again, Miss McCabe, do you recognize whereabouts in the town of Canton we are in this portion of the video?
MS. MCCABE: Yes. Where — this is the top of Fairview, so this will be from Chapman coming onto Fairview.
MR. LALLY: That correct?
MS. MCCABE: Correct.
MR. LALLY: Prior to that, along that ride along Chapman — is that the period of time you were looking out the window and trying to see if you could find John on the side of the road?
MS. MCCABE: Yes. But we didn't drive that way.
MR. LALLY: You came from the other direction?
MS. MCCABE: Yes.
MR. LALLY: You would have been taking, instead of a right onto Fairview, you'd be taking a left onto Fairview?
MS. MCCABE: Yes.
MR. LALLY: Right now, what's up on the screen — and what you've just observed as far as the drive down Fairview — is that, does it look consistent with what you observed when Miss Roberts was driving down that way?
MS. MCCABE: Yes.
MR. LALLY: And at this point in time, as you're coming down the hill from Fairview — is this the point that conversation occurs as far as her mother and prior dating relationships and things like that?
MS. MCCABE: A little bit. Um, more towards the top of the street — so her mother lives more — closer — midway down. Yes.
MR. LALLY: The vehicle in the roadway there — do you recognize that?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize that as?
MS. MCCABE: Miss Roberts's —
MR. LALLY: For orientation purposes, whether we could direct your attention — Where now is the area where you observed Mr. O'Keefe? You see that in this particular pause frame of the video?
MS. MCCABE: Not in this frame. I cannot. It's not clear.
MR. LALLY: You see that area now?
MS. MCCABE: Yes.
MR. LALLY: Using the laser pointer, just direct your attention — [unintelligible] if you could — Do we have a problem?
MS. MCCABE: Yes. And you could — with the laser pointer — indicate Kerry Roberts, myself, Karen Read.
MR. LALLY: You can take your seat, Miss McCabe. If I could, um, just take you back to when you arrived there. Um — immediately, Miss Read goes over to Mr. O'Keefe. Miss Roberts — what is it that you were doing at that time?
MS. MCCABE: I got out of the car and I came around, and for a second or two I completely just froze. I couldn't believe what I was seeing. Um, and then Kerry and I made eye contact and I called 911, and Kerry was asking me to go to the car and get — she was yelling to get towels or blankets or something out of the back of our car.
MR. LALLY: Is that why the back of the car is opened up in the video that we just saw, in reference to Miss Roberts's vehicle?
MS. MCCABE: Yes.
MR. LALLY: Did she direct you where to go within the vehicle to find the blankets, the towels, whatever it was?
MS. MCCABE: Yes.
MR. LALLY: Now, you called 911, you spoke to the operator, and told them essentially where you were — correct?
MS. MCCABE: Yes.
MR. LALLY: Now, as far as that initial — what you saw — that you froze and couldn't believe what you saw — can you describe to the jury what it was that you saw?
MS. MCCABE: I saw Kerry wiping the snow off of John's face, and I could not believe that that was John laying there.
MR. LALLY: And how was John positioned, or how was his body positioned when you saw him?
MS. MCCABE: He was just laying flat on his back.
MR. LALLY: And as far as the snow Miss Roberts was wiping off his face, was there any other snow on his body at that time?
MS. MCCABE: Yes, and if you know about how — there was enough that his body was covered in snow.
MR. LALLY: And could you tell at that point how far Mr. O'Keefe was from the roadway, as far as Fairview Road was concerned?
MS. MCCABE: I mean, I remember kind of a little ways in. I don't know exactly.
MR. LALLY: And so you make that call — the 911 — and what is sort of going on with respect to Miss Roberts, the defendant, and Mr. O'Keefe while you're on that 911?
MS. MCCABE: So I run the blankets over to Miss Roberts and she's — puts — kind of lifts him up, puts the blankets underneath him, and she's screaming at Miss Read to get off of Mr. O'Keefe, and they're kind of yelling back and forth. Karen's screaming, "Is he dead? Is he dead?" I at some points walk over towards Karen's car to get away because they're so loud, and I was trying to be calm and get help there for John as fast as possible. Um, they start — Kerry starts yelling about doing CPR. She tells Karen to do mouth to mouth. Karen's yelling — um — because as they start CPR, blood starts coming out of John's mouth.
MR. LALLY: As far as the CPR, that's what you're talking about?
MS. MCCABE: Yes.
MR. LALLY: So during this time the defendant's yelling and you're on the — ...phone with 911, correct?
MS. MCCABE: Yes.
MR. LALLY: You're trying to back up or distance yourself a little bit so that you can hear what's going on with the 911 operator and they can hear you?
MS. MCCABE: Yes.
MR. LALLY: And after you complete that 911 call, what's going on?
MS. MCCABE: I go over and at that point Kerry asks if I can take over doing the compressions.
MR. LALLY: Did you do that?
MS. MCCABE: I did, yes.
MR. LALLY: And at some point after you call 911, to either police or fire, someone starts responding and arrives on scene, is that correct?
MS. MCCABE: Yes.
MR. LALLY: You know about how much time it was in between when you hung up with 911 and when the first responders — from when I hung
MS. MCCABE: Up — maybe a few minutes, I'm not exactly sure.
MR. LALLY: And do you recall whether or not it was police or fire who showed up first?
MS. MCCABE: Police.
MR. LALLY: Is that the officer that was in that video, or that cruiser that was just up on the screen?
MS. MCCABE: I didn't see the officer in the video, but I know it was Officer Saraf who was the first officer to arrive.
MR. LALLY: So then, after the officer arrives, what happened?
MS. MCCABE: He was trying to figure out what had happened. Karen just ran around screaming — my name, Kerry's name — "Is he dead? Is he dead?" It was on repeat — "Could I have hit him? Did I hit him?" More officers started to arrive, the EMTs, they began to work on him. And — sorry —
MR. LALLY: By "him" you mean Mr. O'Keefe?
MS. MCCABE: Yes.
MR. LALLY: And Mr. O'Keefe still on the ground and they're working on him there, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Did you see anything about sort of what they were doing or what was going on with that?
MS. MCCABE: No, I just saw a bunch of them around Mr. O'Keefe.
MR. LALLY: And then what happened?
MS. MCCABE: Then more officers began to arrive. Miss Read just continued to run around screaming. As more officers and EMTs arrived, they asked what happened. One EMT had asked, you know, his name, his age, things like that — if she knew what happened. Miss Read stated that she hit him. Besides running around saying "I hit him, did I hit him, could I have done this, is he dead, is he dead" — at one point one of the police officers put her — I'm sorry, Miss Read — in the back of the cruiser. And he asked for myself to go over with her, and Kerry came over with us as well.
MR. LALLY: I'd like to just take you back to when the paramedic is asking information, biographical information, things like that. You indicated that the defendant said "I hit him," is that correct?
MS. MCCABE: Yes.
MR. LALLY: That's something that she said once or more than once?
MS. MCCABE: Three times — "I hit him, I hit him, I hit him."
MR. LALLY: Now, you had made reference to statements she made with sort of qualifiers or questions — as far as "could I have hit him" or "did I hit him" — is that what she said at that time when she was speaking to the paramedic?
MS. MCCABE: No, that was earlier. It was "could I, did I." When she spoke to the paramedic it was crystal clear: "I hit him."
MR. LALLY: Now one of the officers takes her over to the back of a cruiser, is that right?
MS. MCCABE: Yes.
MR. LALLY: You were over in that area as well?
MS. MCCABE: Yes.
MR. LALLY: Who, if anyone, else was over in that area?
MS. MCCABE: Miss Roberts.
MR. LALLY: And while you were over in that area, what was going on?
MS. MCCABE: We were in the back of the police cruiser. Karen was sitting in there, I kind of scooched myself in, Miss Roberts came over. Karen grabbed our hands, she asked us to pray. She looked at her hands and she had blood. She asked us if she could have gotten her period. We told her no, that was John's blood. Then she said, "What if he's dead? Promise me you'll take care of the kids, someone's going to take care of the kids." Then we prayed. Then at the end, they were moving John, and at that point Karen told Kerry, "Go over, look, is he dead? Is he dead? Is he dead?" over and over. And Kerry said, "I'll go over and check on him," and Karen was yelling, "Are they working on him?" And then at that point she grabbed my hands and she said, "Google hypothermia.
MS. MCCABE: Google how long it takes to die in the cold." And so I had my phone out and it was cold and my hands were frozen and I have MS, and I took my phone out while she was screaming and shaking my arm and I attempted to Google "how long does it take to die in the cold."
MR. LALLY: And when you conducted that search, that was at the defendant's request, on scene, sometime after 6:00 a.m. on that date, correct?
MS. MCCABE: Yes.
MR. LALLY: You recall whether or not that came up — as far as your search in Google — is it something that you typed once or more than once?
MS. MCCABE: I believe I did it multiple times because as I was typing it, I don't know what else was coming up, she was screaming, my hands were shaking.
MR. LALLY: And do you recall anything as far as what the search results were, or did you click on anything, or did you get an answer to the question that the defendant had posed?
MS. MCCABE: I don't even think I got an answer because as I kept Googling and she kept yelling and then they were moving John, and the next thing I knew we were kind of moving because she wanted to see if they were working on him.
MR. LALLY: So you were moving along with the defendant over towards where Mr. O'Keefe had gone, to the back of the ambulance?
MS. MCCABE: Yes, we kind of just moved to see what was going on.
MR. LALLY: When you moved over, what did you see?
MS. MCCABE: That they were just putting him in the back of the ambulance.
MR. LALLY: Now after Mr. O'Keefe was put into the back of the ambulance, where did you go then?
MS. MCCABE: At that point, different police officers, I believe, were arriving and they were asking questions about what happened.
MR. LALLY: And did you speak to those officers?
MS. MCCABE: I did, yes.
MR. LALLY: And at that point did you know what happened?
MS. MCCABE: No. To be honest, it was like I was there but everything was just going on and I was completely just in a state of shock and disbelief.
MR. LALLY: And that sort of period — how long did that go on?
MS. MCCABE: I talked to a few officers, we tried to just give them, you know, "she — he didn't come home, we went out looking for him," kind of just the brief overview. And then one of the police officers asked me to go into the house and to wake up my sister and my brother-in-law.
MR. LALLY: And at some point while you were outside, did you try to contact your sister and your brother-in-law?
MS. MCCABE: I believe I called my sister Nicole.
MR. LALLY: And when was that in relation to everything as far as what was going on medically with Mr. O'Keefe?
MS. MCCABE: I think I might have called her right after I got off with 911, possibly. And then she didn't answer, and that's when I was walking over, I believe, to John.
MR. LALLY: She didn't answer the call when you called her initially?
MS. MCCABE: No.
MR. LALLY: And you recall calling either your sister Nicole or your brother-in-law Brian Albert, prior to going into the house?
MS. MCCABE: I don't recall. I know I did call Nicole at one point, I'm not sure if I called Brian or not.
MR. LALLY: Regardless — do you recall having any sort of phone conversation with either Nicole or Brian Albert before you went in the house?
MS. MCCABE: No.
MR. LALLY: So you at least called your sister Nicole, she didn't answer, and then one of the officers directed you to wake them up?
MS. MCCABE: Yes.
MR. LALLY: And when you went up to the house at 34 Fairview, how did you get in the front door?
MS. MCCABE: Front door was unlocked.
MR. LALLY: Is that from your experience at that residence?
MS. MCCABE: Yes.
MR. LALLY: And so you entered the house and where did you go?
MS. MCCABE: I went up the stairs to their bedroom.
MR. LALLY: And the bedroom door when you arrived — was it open or closed?
MS. MCCABE: Closed.
MR. LALLY: And you opened it?
MS. MCCABE: Yes.
MR. LALLY: And when you opened it, who if anyone did you see in the room and what were they doing?
MS. MCCABE: I saw my sister and Brian and they were both asleep.
MR. LALLY: Are you familiar with a dog that they have?
MS. MCCABE: Yes.
MR. LALLY: What was the dog's name?
MS. MCCABE: Chloe.
MR. LALLY: Was Chloe in the bedroom as well at that time?
MS. MCCABE: I don't recall.
MR. LALLY: You come in, they're both sleeping — what happened then?
MS. MCCABE: I go over to the bed and I'm calling out their names.
MR. LALLY: Brian responded first and he was very, you know, startled and looked at me like "what is going on." Nicole took a little — I think it took Nicole a little bit longer than Brian to wake up.
MR. LALLY: And what is it that you're telling them as you're coming into the room and they're waking from —?
MS. MCCABE: I'm telling them that we just found John out front, and I could have possibly said "John has died, we just found John out front." They were very confused — at one point I think Brian was like "who's John," I mean they had just woken up and they had no idea what I was talking about.
MR. LALLY: Now, as far as when they're first waking up and you're explaining to them, how would you describe their demeanor as you're talking?
MS. MCCABE: They were both shocked. I think they thought, you know, like — that's not what you think, okay.
MR. LALLY: What I'm asking is just sort of when you observe them — how would you describe your physical observations of what they look like, their demeanor?
MS. MCCABE: Shocked, confused, not understanding.
MR. LALLY: Move to strike. Strike the last one. Now as far as this conversation that you're having with your sister and your brother-in-law in their bedroom, how long was that going on?
MS. MCCABE: A few minutes at least.
MR. LALLY: And then following that, where did you go?
MS. MCCABE: They got up, got dressed, and then we walked down the stairs.
MR. LALLY: And when you got to the bottom of the stairs, what if anything did you see?
MS. MCCABE: There was a police officer at the bottom of the stairs.
MR. LALLY: And do you know who that police officer is?
MS. MCCABE: Yes, Officer Lank.
MR. LALLY: At that time did you know who that police officer was?
MS. MCCABE: I did, yes.
MR. LALLY: How did you know?
MS. MCCABE: He's from Canton, he was — I don't know, five years older than me — I knew him growing up, who he was, and met him through the years.
MR. LALLY: You're aware of who he was?
MS. MCCABE: Yes.
MR. LALLY: And were there any other officers with him initially?
MS. MCCABE: No.
MR. LALLY: Now before you go into the house, do you know where Miss Roberts and the ...defendant were, or what they were doing, when you went to the house?
MS. MCCABE: I believe they put Karen in a car.
MR. LALLY: And — only if you know — do you know?
MS. MCCABE: Kerry was walking all around.
MR. LALLY: Now, as far as the ambulance with Mr. O'Keefe — at the time that you go into the house, was that ambulance still there?
MS. MCCABE: I'm not 100% sure, but I believe it had left.
MR. LALLY: And when you come downstairs with your sister and your brother-in-law and the officer's there, you have a conversation — is that correct?
MS. MCCABE: Yes.
MR. LALLY: Where did that first conversation occur?
MS. MCCABE: In the hallway, and then into the kitchen.
MR. LALLY: And from there, you mentioned that there was Officer Lank — at some point, were there any other officers that joined that conversation?
MS. MCCABE: At some point, hours later, yes.
MR. LALLY: And so during that initial conversation, you're talking to the officer — who, if anyone else — not what they said, but who, if anyone else, is speaking to the officer?
MS. MCCABE: Brian and Nicole.
MR. LALLY: That conversation initially with the officer — you know about how long that went on?
MS. MCCABE: I don't — a few minutes.
MR. LALLY: And following that conversation, what did you do, or what happened?
MS. MCCABE: My husband arrived.
MR. LALLY: And had you called him?
MS. MCCABE: Yes.
MR. LALLY: And when had you called?
MS. MCCABE: I called him when I was walking in the house to wake up my sister and Brian.
MR. LALLY: So as you're walking in, you call your husband Matt, and then he arrives at some point — after you're done talking to the officer, or while you're talking to the officer?
MS. MCCABE: The officer was still at the house, yes.
MR. LALLY: And so in that vein — as far as when your husband comes in, the officer's there, correct?
MS. MCCABE: Yes.
MR. LALLY: Did you see your husband talking to the officer as well?
MS. MCCABE: Yes.
MR. LALLY: The officer asked him to step outside, or step to the side, and they spoke?
MS. MCCABE: And then — the officer told me to stay.
MR. LALLY: Told you to stay?
MS. MCCABE: The officer told me to stay, and he said that the state police would be coming to talk to me.
MR. LALLY: And so you stayed at the house, at 34 Fairview — is that right?
MS. MCCABE: Yes.
MR. LALLY: Do you know where Miss Roberts and the defendant were?
MS. MCCABE: Yes. Kerry came up, and she had told me that she —
MR. LALLY: What she told you — next question. At some point, did you see Miss Roberts and the defendant go?
MS. MCCABE: Yes — to pick up John's parents.
MR. LALLY: And as far as they left in Miss Roberts's car — is that right?
MS. MCCABE: Correct.
MR. LALLY: Miss Roberts was again driving, correct?
MS. MCCABE: Correct.
MR. LALLY: And at some point, did you observe them come back to the house?
MS. MCCABE: Yes.
MR. LALLY: About how long was it between the time they left and the time they came back to the house?
MS. MCCABE: Five minutes approximately.
MR. LALLY: And after they came back to the house, what if any other activity did you see outside, as far as first responders?
MS. MCCABE: I was in the house, so I didn't see Miss Roberts pull back up.
MR. LALLY: You were in the house for most of the rest of the time that you were there — is that correct?
MS. MCCABE: Correct.
MR. LALLY: How long were you there that morning?
MS. MCCABE: I believe I left approximately 11, 11:30.
MR. LALLY: During the time that you were there — you're there, your sister Nicole Albert's there, your brother-in-law Brian Albert's there, and your husband Matthew McCabe's there — correct?
MS. MCCABE: Correct.
MR. LALLY: And was there anybody else that arrived at some point over the course of the morning while you were there at the house?
MS. MCCABE: Yes.
MR. LALLY: And who was that, and if you know, about what time was it that they arrived?
MS. MCCABE: Julie Albert.
MR. LALLY: Now, with reference to when Julie Albert arrived — at some point around that time, did you have occasion to look out and see sort of what was going on outside?
MS. MCCABE: No.
MR. LALLY: Were you aware whether or not there were any police, fire, or anything that was still there at the time that Miss Julie Albert would arrive?
MS. MCCABE: There wasn't.
MR. LALLY: And she comes in the house, and at some point I'm assuming she's informed of what had transpired before her arrival — right?
MS. MCCABE: Yes.
MR. LALLY: And when she's informed of that, what if anything did you observe about her demeanor or how she reacted?
MS. MCCABE: Shocked.
MR. LALLY: Now, in addition to Julie Albert, who if anyone else was at the house that morning while you were there?
MS. MCCABE: Officer Lank and Gallagher were there — and, prior to that — oh, Brian Higgins also came that morning.
MR. LALLY: And do you know how Brian Higgins came to be there that morning?
MS. MCCABE: I don't know.
MR. LALLY: Now, you mentioned that Officer Lank came back to the house — is that right?
MS. MCCABE: Yes.
MR. LALLY: That was after some period of time when he had left?
MS. MCCABE: Yes.
MR. LALLY: He came back with another officer named Gallagher — is that right?
MS. MCCABE: Yes.
MR. LALLY: And why did they come back to the house?
MS. MCCABE: Because I called Officer Lank.
MR. LALLY: And did you have his number, or how did you get his number?
MS. MCCABE: Julie Albert gave it to me.
MR. LALLY: And so you called Officer Lank — he then comes back to the house on Fairview — is that right?
MS. MCCABE: Yes.
MR. LALLY: And when he came back, why had you asked him to come?
MS. MCCABE: Well, as I was sitting there waiting for the state police to come, I was slowly trying to piece together what had just happened in the last couple of hours. And he had told me, "If there's anything that you remember — if you remember anything — please give me a call." And so there was something that I remembered, and I gave him a call.
MR. LALLY: And when he came back to the house, what was it that you told him?
MS. MCCABE: I told him about the comments and the remarks that Karen Read had been stating that morning.
MR. LALLY: And specifically, what type of remarks are you referring to — that you told Officer Lank when he came back?
MS. MCCABE: I said that she told one of the EMTs that she hit him.
MR. LALLY: Now, at some point, you indicated that you left the house on Fairview — is that right?
MS. MCCABE: Yes.
MR. LALLY: And with your husband, I presume?
MS. MCCABE: Yes.
MR. LALLY: And where did the two of you go?
MS. MCCABE: We went home.
MR. LALLY: And your children were still there, without you or your husband there — is that correct?
MS. MCCABE: Yes.
MR. LALLY: And once you arrived back home, what is it that you did?
MS. MCCABE: We went in the house, and Trooper Proctor was coming over to speak with us.
MR. LALLY: And that Trooper Proctor — is that someone that you had known previously or ever met before?
MS. MCCABE: I had never met Trooper Proctor.
MR. LALLY: And did he come alone, or was he with someone else?
MS. MCCABE: He had another officer with him.
MR. LALLY: Do you know who that officer is?
MS. MCCABE: Yes — Yuri Bukhenik.
MR. LALLY: And have you ever met Yuri Bukhenik before?
MS. MCCABE: No.
MR. LALLY: When you get home — about how long was it from when you arrived home with your husband to the time that the officers from the state police came by?
MS. MCCABE: It was pretty quick.
MR. LALLY: Now, in addition to the officers from the state police, did anybody else come over to your house that day, late morning, early afternoon?
MS. MCCABE: Yes — my brother-in-law Brian.
MR. LALLY: And do you know why he came over?
MS. MCCABE: Yes. He came over — I had asked him. He's like a big brother to me, and I was all shaken up and nervous and overwhelmed, and so I wanted his support, and he obliged.
MR. LALLY: And he came over, correct?
MS. MCCABE: Yes.
MR. LALLY: Now, at some point after the officers — the state police — came over, you spoke to them, is that correct?
MS. MCCABE: Yes.
MR. LALLY: And you recall where in your home you spoke to them?
MS. MCCABE: In my dining room.
MR. LALLY: And when you spoke to them, were both of the officers present?
MS. MCCABE: Yes.
MR. LALLY: And was there anybody else present in the dining room when you were talking to them?
MS. MCCABE: No.
MR. LALLY: And as far as your husband or your brother-in-law Brian — do you know where in the house they were when you were in the dining room?
MS. MCCABE: Yes — they were in my bedroom.
MR. LALLY: And at some point later on that day, those same officers talked to both your husband and your brother-in-law Brian as well — is that right?
MS. MCCABE: Yes.
MR. LALLY: And during each of those respective conversations or interviews, do you know where you were in the house when those were going on?
MS. MCCABE: In my bedroom.
MR. LALLY: And when you were in your bedroom, could you hear anything that they were saying downstairs in the dining room?
PARENTHETICAL: [break]
MS. MCCABE: No.
MR. LALLY: May I have a moment? Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Yes, for — I'm showing you two separate pages — each of them — and okay. Do you recognize each of those documents — what the content is?
MS. MCCABE: Yes.
MR. LALLY: And those are essentially — one contains text messages from the morning of the 29th, between yourself and Miss Read — correct?
MS. MCCABE: Yes.
MR. LALLY: And the other one is sort of the list of phone calls between yourself and Miss Read from that morning — is that right?
MS. MCCABE: Yes.
MR. LALLY: Now, before I get into those — as far as after you had gone inside the house and Miss Read had got into Miss Roberts's car — what if any other communication did you have with Miss Read that morning?
MS. MCCABE: I texted her asking for Kerry's phone number, because I didn't have it. And I also had a phone conversation with Karen when she was in the ambulance.
MR. LALLY: And that text communication that I placed before you — it essentially has one bubble on it, and that's you asking for Kerry Roberts's number — correct?
MS. MCCABE: Correct.
MR. LALLY: And the phone conversation that you had with the defendant — when was that, and do you know where the defendant was at the time that you spoke?
MS. MCCABE: Yes — she was in an ambulance.
MR. LALLY: And if you could describe for the jury, generally speaking — what was the content of that conversation? What did the two of you talk about?
MS. MCCABE: She just was repeating — asking if he was dead, "Is he dead?" — she brought up the kids, and then she also asked if I would visit her.
MR. LALLY: And how did you respond?
MS. MCCABE: I said yes.
MR. LALLY: Now, following that phone conversation, did you have any further communication in any form that you can recall with the defendant?
MS. MCCABE: No.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I want to introduce and admit each of those as the next exhibit.
JUDGE CANNONE: Is there an objection, Mr. Jackson?
MR. JACKSON: No objection.
JUDGE CANNONE: Doesn't matter, whichever first, please.
MR. LALLY: Just a couple more questions, ma'am. Now, you had asked the defendant, Miss Read, for Miss Roberts's information because you didn't have it, correct?
MS. MCCABE: Correct.
MR. LALLY: At some point, did you receive that information from the defendant?
MS. MCCABE: No.
MR. LALLY: And did you receive that information from any other source?
MS. MCCABE: I must have, but I don't recall how.
MR. LALLY: And as far as asking for Miss Roberts's information, why were you asking?
MS. MCCABE: She was on the way to pick up John's parents and to bring them to the hospital, and I wanted to check in on them and then further updates from Kerry about John and how he was.
MR. LALLY: You wanted to know how your friend was doing?
MS. MCCABE: Correct. Yes.
MR. LALLY: No further questions.
JUDGE CANNONE: [unintelligible — it's four minutes to four.] I don't think I can —
MR. JACKSON: I don't think I can get it done in four minutes.
JUDGE CANNONE: All right. Um, I'm going to — oh, we're not in session on Monday, so you'll come back Tuesday morning. So Tuesday will be a half day. On some day next week, I might ask you to think about maybe revising some of these Tuesdays and Thursdays to longer days, but I'll give you plenty of notice of that. I need to make sure that I'm — I'm just asking you to think about it. All right, so please, those same cautions: do not discuss this case with anyone, don't do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard, and leave everything here — literally, figuratively — in your heads, and we'll see you fresh Tuesday morning. All right, so I'll see counsel at sidebar about scheduling.
COURT OFFICER: All rise.