Commonwealth v. Read — Trial ArchiveJennifer McCabe — Direct
1,711 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
MR. LALLY: The Commonwealth would call Jennifer McCabe to the stand. JENNIFER MCCABE, sworn
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, ma’am.
MS. MCCABE: Good afternoon.
MR. LALLY: Could you please state your name and spell your last for the jury?
MS. MCCABE: Sure. Jennifer McCabe, M-C-C-A-B-E.
MR. LALLY: And where do you live, ma’am?
MS. MCCABE: Canton.
MR. LALLY: And how long have you lived in Canton?
MS. MCCABE: Approximately 20 -- well, my whole life, I've lived in Canton except for when I first got married I lived in Stoughton for a year or two.
MR. LALLY: And where you live currently in Canton, how long have you lived there?
MS. MCCABE: I live at , and I’ve lived there about (f) ten years.
MR. LALLY: And prior to that, where did you live in Canton before Country Lane?
MS. MCCABE: 15 Sutcliffe Ave. in Canton.
MR. LALLY: And how long did you live on Sutcliffe?
MS. MCCABE: Approximately ten years.
MR. LALLY: And with regard to both addresses, who, if anyone, do you live there with?
MS. MCCABE: I live there with my husband, Matt, and my four daughters.
MR. LALLY: And how old are your four daughters?
MS. MCCABE: Fifteen, sixteen, eighteen, and twenty.
MR. LALLY: Now, if I could turn your attention to January 28th into January 29th of 2022, do you recall those days?
MS. MCCABE: I do, yes.
MR. LALLY: Do you recall what days of the week they were?
MS. MCCABE: Friday and a Saturday.
MR. LALLY: 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 that night?
MS. MCCABE: 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. We 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 with the oldest daughter with the hockey dinner at your house, that was your daughter, Ally, is that correct?
MS. MCCABE: Yes.
MR. LALLY: She’s your oldest?
MS. MCCABE: Yes.
MR. LALLY: Now 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 the varsity team, is that right?
MS. MCCABE: Yes.
MR. LALLY: For Canton High School?
MS. MCCABE: Yes.
MR. LALLY: With respect to just basketball in general when the kids were younger what if any role did you have in regard to that?
MR. JACKSON: Objection.
JUDGE CANNONE: I’ll allow it but then you’ll move on quickly.
MS. MCCABE: I was a basketball coach for the Rec, well, the town program.
MR. LALLY: For how many years?
MS. MCCABE: I believe with (c) I started approximately when she was in fifth grade and then I was also a coach for my daughter (c) I think starting when she was in sixth grade and with my youngest I think I coached from first grade on up until eighth grade.
MR. LALLY: As far as the high school game was concerned is there a sort of typical start time for high school basketball games?
MR. JACKSON: Objection.
JUDGE CANNONE: 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: Which sister is that?
MS. MCCABE: My sister Nicole.
MR. LALLY: How many sisters do you have?
MS. MCCABE: Three.
MR. LALLY: Do you recall about what time it was that you got to the Waterfall?
MS. MCCABE: Approximately nine o’clock.
MR. LALLY: When you say we, who do you mean?
MS. MCCABE: My husband Matt and myself.
MR. LALLY: Do you recall which vehicle that you were in going around Canton that night?
MS. MCCABE: I believe it was my car, yes.
MR. LALLY: What kind of car was that?
MS. MCCABE: Denali Yukon, I think. Denali, yes.
MR. LALLY: So a bigger type vehicle, is that correct?
MS. MCCABE: Yes, a big SUV.
MR. LALLY: Now, with respect to, you had a cell phone around that time, is that correct?
MS. MCCABE: Yes.
MR. LALLY: And your cell phone, what if any connection did that have between the cell phone and the vehicle?
MS. MCCABE: At that point I don’t think mine was connected. I’m not sure.
MR. LALLY: When you arrived to the Waterfall what, if anything, did you do?
MS. MCCABE: I waited a few minutes because my husband was on a phone call.
MR. LALLY: At some point did you and your husband then 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: At the time that you arrived who, if anyone, was there that you were familiar with at that table?
MS. MCCABE: Chris and Julie Albert, Nicole Albert, Caitlin Albert, Tristan Morris.
MR. LALLY: 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: Nick Kolokithas did then his wife did a little bit after and then Brian Albert and Brian Higgins arrived and then Karen and John arrived.
MR. LALLY: Prior to Karen and John arriving who, if anyone, from the group had left?
MS. MCCABE: I believe Tristan left maybe to go to sleep because he had to plow, I think.
MR. LALLY: Now, with reference to Karen and John we’re talking about John O’Keefe and Karen Read, correct?
MS. MCCABE: Yes.
MR. LALLY: How long had you known John O’Keefe?
MS. MCCABE: Approximately ten years.
MR. LALLY: How was it that you first came to know John O’Keefe?
MS. MCCABE: 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: Just for clarity purposes this would have been when you were living at the home on Sutcliffe?
MS. MCCABE: Yes.
MR. LALLY: And then after John moved in with his niece and nephew 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 JJ would come over with (c) and pick her up and he would come in and talk to us and hang out.
MR. LALLY: How would you describe your relationship with John O’Keefe? A He was my friend. I loved John. He was an amazing guy.
MR. LALLY: With reference to Karen Read and just for clarity purposes do you see Karen Read in the courtroom today?
MS. MCCABE: Yes, I do.
MR. LALLY: Would you identify just as to where she’s seated or an article of clothing that she’s wearing?
MS. MCCABE: She’s seated between her attorneys.
MR. LALLY: Your Honor, I ask the record reflect identification of the witness.
JUDGE CANNONE: Yes.
MR. LALLY: Now with the defendant, Ms. Read, when was it that you met her?
MS. MCCABE: John had reached out to me saying that he was dating a new girl and that she had and I also have so he said would like for me to meet her.
MR. LALLY: How long have you had
MS. MCCABE: I believe it will be ten years this October.
MR. LALLY: Do you recall specifically when around that was, what year, what month, anything like that?
MS. MCCABE: That I met Ms. Read?
MR. LALLY: Yes.
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 familiar obviously that Ms. Read was dating Mr. O’Keefe, correct?
MS. MCCABE: Uh-huh.
JUDGE CANNONE: Is that yes?
MS. MCCABE: Yes. Sorry.
MR. LALLY: Over the course of time from July of 2020 when you met her to January of 2022, how often would you see Ms. Read?
MS. MCCABE: It would vary. You know, there were times that we would bump into them or depending on you know, 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. It just depends on what month it is and what team we’re with.
MR. LALLY: How would you describe your relationship with Ms. Read?
MS. MCCABE: I enjoyed Ms. Read. I really liked her. I thought we connected from the beginning. She’s very easy to talk to. She had . I had 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 like what I was going through. We had that in common.
MR. LALLY: Now, with respect to either talking with Mr. O’Keefe was your friendship the type where you would have any sort of discussions about his relationship with Ms. Read or any girls that he dated at any point in time that you were friends with him?
MS. MCCABE: At different points, yes.
MR. LALLY: What, if anything, specific do you recall him telling you about his relationship with Ms. Read, specifically?
MR. JACKSON: Objection.
JUDGE CANNONE: I’m going to allow that. I’d like to see counsel at sidebar for just a minute, please.
(Sidebar commences:
JUDGE CANNONE: I need to hear exactly what the response is going to be, then I'll ask you if you want an instruction.
MR. LALLY: Your Honor, what my anticipation with regard to both this and when I ask the same question in regard to Ms. Read is really not much at all. In fact, it's really more the negative that I want to get out.
JUDGE CANNONE: Right. So what do you --
MR. LALLY: She didn't have the kind of relationship with her to talk about their relationship.
JUDGE CANNONE: Oh, so you expect just a yes for John and no for -- do you expect her to expand upon her --
MR. LALLY: No.
JUDGE CANNONE: -- troubles or anything like that?
MR. LALLY: Not at all.
JUDGE CANNONE: At some point during the examination, you do expect that?
MR. LALLY: At some point during the examination, I just expect some conversation that the jurors have heard because she was present with the defendant was talking to (indiscernible) about issues with the kid, not enough time to do their own things, that kind of thing.
JUDGE CANNONE: All right. So you let me know if you want me to give an instruction that this statement just goes to the nature of the relationship.
MR. JACKSON: Based on that offer of proof, I'm not asking for it at that the time.
JUDGE CANNONE: All right.
MR. JACKSON: Thank you.
end of sidebar.)
MR. LALLY: So Ms. McCabe, with regard to Mr. O’Keefe and his relationship with Ms. Read is that something that you spent any real time talking about with Mr. O’Keefe?
MS. MCCABE: Occasionally, Hey, how are things going, how is she feeling, how is she doing, very general.
MR. LALLY: And the same sort of question with regard to Ms. 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 --
MS. MCCABE: Uh-huh.
MR. LALLY: -- you arrived about 9:00. About what time was it that you left?
MS. MCCABE: Approximately midnight, a little after, give or take.
MR. LALLY: So during the three hours or so that you were there how would you describe sort of the mood or demeanor of the group that you were with during the time you were there?
MS. MCCABE: Fine. Friendly, normal, typical night, you know, I was having a drink, listening to music.
MR. LALLY: At about 11:00 o’clock or so was that Mr. O’Keefe and Ms. Read came into the bar?
MS. MCCABE: Correct.
MR. LALLY: And when they came in 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: When Mr. O’Keefe and the defendant came over what, if anything, did you observe the defendant do or have with her when she came in?
MS. MCCABE: 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: Were there any other kind of like a straw or a lime or anything like that in it?
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 Ms. Read had been prior to coming over to the Waterfall?
MS. MCCABE: Yes.
MR. LALLY: And where were they?
MS. MCCABE: C.F. McCarthys.
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. Fair to say 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: Same question with regard to Mr. O’Keefe. Do you recall him drinking, and if so, what, if anything, was he drinking?
MS. MCCABE: I can’t be certain. Possibly a beer but I can’t be certain.
MR. LALLY: With respect to Ms. Read, same question as far as do you recall her drinking, and if so, what, if anything, do you recall her drinking?
MS. MCCABE: Again, I remember just a clear glass, a glass with clear liquid in it.
MR. LALLY: Any different glass beyond the one that you’ve already testified about or no?
MS. MCCABE: I don’t remember. Sorry.
MR. LALLY: Now, you left the Waterfall sometime around midnight, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Well, 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?
MS. MCCABE: Yes, briefly at the bar.
MR. LALLY: 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: With respect to Ms. Read, did you speak to her at the bar?
MS. MCCABE: Yes.
MR. LALLY: Do you recall, what, if anything, the two of you spoke about?
MS. MCCABE: Yes.
MR. LALLY: And what was that?
MS. MCCABE: Karen had shared a little bit of frustration that morning, or one morning she had taken (c) to Dunkin Donuts and John, you know, was frustrated, didn’t, you know, saying don’t take her, she’s going to, you know, make a habit of it, meaning like she’s going to come to expect it every day and then we just talked about how, you know, challenging it is with kids. You know, she mentioned that that’s all they ever fight about and I said, Yeah, well, welcome to parenthood, you know, and she was just 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: 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: Was that something that was brought up by the defendant once, more than once or something else?
MS. MCCABE: Many times.
MR. LALLY: What was sort of the response from the group in regard to going to the D&E and making food?
MS. MCCABE: 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, well, let me ask you this, why did you go to the Waterfall in the first place?
MS. MCCABE: I went to meet my sister, Nicole. She was heading there because she was going to go have a drink with her, 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: To be clear that nephew was Brian Albert, Jr., is that right?
MS. MCCABE: Yes.
MR. LALLY: And did Brian Albert Jr. ever show up at the Waterfall that evening?
MS. MCCABE: He did not, no.
MR. LALLY: Do you know why not?
MS. MCCABE: Brian suffers from anxiety and during that time period he was really struggling.
MR. LALLY: So he decided to stay home, is that fair?
MS. MCCABE: He just decided to stay home, yes.
MR. LALLY: 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 and what was happening after leaving the Waterfall?
MS. MCCABE: Brian Albert, Sr. just made a general, Hey, I’m going to go home, have a drink with Brian if anyone would like to come.
MR. LALLY: And was that something that expressed 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, Ms. Read or both?
MS. MCCABE: Both of them. I said, Oh, you guys should come, do you want to come.
MR. LALLY: 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, yes.
MR. LALLY: Now, when you left the Waterfall who -–
MS. MCCABE: Uh-huh.
MR. LALLY: -- if anyone, left with you or left at the same time?
MS. MCCABE: I believe I walked out with Karen. I know I walked out with Karen and I believe Miss 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 Miss Kolokithas, is that right?
MS. MCCABE: Yes.
MR. LALLY: When you were walking out with them what if anything was the sort of the conversation or discussion as you were walking out the door?
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, 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 is a talker, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Now as far as the car that you had parked there before where was that parked in relation to the Waterfall?
MS. MCCABE: I believe I had kind of walked straight out.
MR. LALLY: So in the parking lot somewhere?
MS. MCCABE: In the parking lot, yes.
MR. LALLY: 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: Did you have any conversation with him in the parking lot while you were out there?
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.
MR. LALLY: 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 take a, like they walked left. I walked straight.
MR. LALLY: And if one were to walk left in the direction they were walking where would that bring them?
MS. MCCABE: Washington Street, the main street.
MR. LALLY: And so you went over then to your car in the parking lot?
MS. MCCABE: Yes.
MR. LALLY: While you were in your car in the parking lot, well, let me ask you this, when 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: 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 the windshield wipers on to clear it.
MR. LALLY: You didn’t have to get the scraper out or anything like that, just flip on the windshield wipers?
MS. MCCABE: Flip on the windshield wipers. I probably was lazy and just rolled the windows down to get it off the windows.
MR. LALLY: So you’re 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: While you’re waiting for your husband or shortly after he gets to the car what if any communication did you receive at that point?
MS. MCCABE: I received a text from John saying, “Where to.”
MR. LALLY: And with respect to that did you respond in kind via text or how did you respond if at all to --
MS. MCCABE: I was driving so I called him.
MR. LALLY: When you called him, if you know, was that something that was done through Bluetooth with regard to the car or?
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: Your phone, it have been paired up with your phone?
MS. MCCABE: Yes, I plugged it in when I got in. I always plug my phone in when I get in if I am driving.
MR. LALLY: 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: 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, you know, 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 Fairview, it’s at the bottom.
MR. LALLY: As far as the directions do you recall anything specifically about what you told Mr. O’Keefe as far as where the directions were?
MS. MCCABE: 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, his niece and my daughter’s friend. I said it’s right, go past ’s street, it’s at the bottom of the hill.
MR. LALLY: Before we get to that as far as that initial phone call, essentially Fairview Road you’re familiar with?
MS. MCCABE: Yes.
MR. LALLY: It’s where your sister lives with her family, correct?
MS. MCCABE: Yes.
MR. LALLY: If I can just ask, with regard to your sister’s husband, Brian, how long have you known him?
MS. MCCABE: Since I was in kindergarten, a very long time.
MR. LALLY: So they had dated for some period of time before they got married and they’ve been married for some significant period of time?
MS. MCCABE: Yeah, she had a crush on him for years, then they dated I think for ten years before they got married, so yeah, they’ve been together most of my life.
MR. LALLY: You’re familiar with Fairview in the sense there’s, one end of it is Chapman and at one end of it is Cedarcrest, correct?
MS. MCCABE: Yes.
MR. LALLY: Just in that initial phone call that you had with Mr. O’Keefe and you and your husband are giving directions do you recall if you were indicating to him to go to Cedarcrest or to go to Chapman in order to get onto Fairview?
MS. MCCABE: Go to Chapman.
MR. LALLY: Is that the way that you went as far as going from Washington Street downtown to Fairview?
MS. MCCABE: Yes.
MR. LALLY: Now, about how long a drive is that going from the Waterfall to Fairview Road?
MS. MCCABE: Approximately five-plus minutes depending on if you hit lights.
MR. LALLY: You’re indicating two things, you’re indicating for someone to come down Chapman, your testimony is sort of towards the end from that direction?
MS. MCCABE: The end of Fairview, the bottom of Fairview.
MR. LALLY: That’s to my point as far as the bottom what if any kind of incline or decline or how is the road sort of situated as you come from the Chapman side down to where your sister lives at 34 Fairview?
MS. MCCABE: It’s a hill.
MR. LALLY: And the hill goes down, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Is that somewhat of a precipitous, how would you describe the hill?
MS. MCCABE: The first hill is a bit steep and it flattens a little and then there’s another hill. The second hill is more long.
MR. LALLY: There’s actually two hills as you’re going down, correct?
MS. MCCABE: Yes.
MR. LALLY: Now, you mentioned a second call, Mr. O’Keefe then calls you?
MS. MCCABE: Yes.
MR. LALLY: About how much time elapsed between when you first talked to Mr. O’Keefe and the second?
MS. MCCABE: Approximately four or five minutes, tops.
MR. LALLY: During either call that you had with Mr. O’Keefe could you hear anything, 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, no.
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 that 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 type.
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: Now as far as this second call you indicated, what did you use exactly as sort of a geographic locator?
MS. MCCABE: My daughter and his niece’s very close friend lives on a side street off of Fairview so I just said go past ’s street and it’s at the bottom.
MR. LALLY: And was someone that 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 ’s mother and John O’Keefe?
MS. MCCABE: They had dated brief --
MR. JACKSON: Objection.
JUDGE CANNONE: No, I’m going to allow it. A They had dated briefly years before.
MR. LALLY: Now was that sort of the substance of the conversation that you had with Mr. O’Keefe in 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 of Fairview essentially has two garage doors, is that correct?
MS. MCCABE: Yes.
MR. LALLY: It sort of winds out and gets to the top, closer to the house?
MS. MCCABE: Yes.
MR. LALLY: Do you recall where in relation to the driveway it was parked when you got there?
MS. MCCABE: I just remember pulling in. There was definitely a car in front of me. There possibly could have been a car to the left.
MR. LALLY: You exit the vehicle and go into the house, correct?
MS. MCCABE: Correct.
MR. LALLY: When you get to the house, who, if anyone, do you observe in there?
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 because 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: And ma’am, I’m sorry, I’m just having a little trouble hearing you.
MS. MCCABE: Oh, okay.
MR. LALLY: That microphone, you can adjust that any way you want, so any way you want to put that.
MS. MCCABE: Okay.
MR. LALLY: Thank you. When you come into the house where was, you mentioned a table, where were people situated?
MS. MCCABE: In the kitchen.
MR. LALLY: Now with respect to what was going on at the house throughout the course of the evening that you were there?
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: Just so we’re clear when you’re talking about Brian that’s Brian Albert, Jr. or little Brian?
MS. MCCABE: Yeah, little Brian.
MR. LALLY: As far as at any point in time when you were at the house are you familiar with a gentleman, 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, my friend Julie’s son.
MR. LALLY: And your oldest daughter Ally was Colin’s friend, is Colin’s friend, with your oldest daughter, Ally?
MS. MCCABE: 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: Now 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 obviously you’re familiar with your daughter and the car that she drives around that time did you see your daughter, Ally, there at any point in time?
MS. MCCABE: No.
MR. LALLY: Were you aware at any point in time in the early morning hour that you were there that your daughter had been there at any point in time --
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: (By Mr. Lally) 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 and let me ask more specifically you were there and 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 there?
MS. MCCABE: I’d say approximately somewhere between 12:20-12:30, well, 12:20, I believe, 12:20-ish, because the last call from John when I went back and looked is 12:18.
MR. LALLY: Similar to what I asked about the Waterfall as far as the sort of mood or demeanor inside the house what do you recall with respect to that?
MS. MCCABE: Everyone was in a good mood. Brian and Brian were talking. My sister was cleaning. I was talking with the kids, you know, just a normal night.
MR. LALLY: 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 as far as 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, Sarah Levinson, were those people that you were knew prior to that 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 was closer to Brian so I would see her, I think. She has dog sat for me when I’ve been away like Brian will do it but 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: Now with reference, there was also someone there by the name of Brian Higgins, is that correct?
MS. MCCABE: Correct.
MR. LALLY: That is also someone who was there prior to you getting there, is that right?
MS. MCCABE: Yes.
MR. LALLY: What if anything did you know about Mr. Higgins or did you know him prior to that night?
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 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, correct?
MS. MCCABE: Yes.
MR. LALLY: Ms. Nagel went outside?
MS. MCCABE: Yes.
MR. LALLY: 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, you know, try to get him to come in.
MR. LALLY: And what if any conversation did you have with Ms. Nagel or Ms. Levinson in regard to their going home prior to Ms. Nagel going out and talking to her brother?
MR. JACKSON: Objection.
JUDGE CANNONE: I’ll sustain it in that form.
MR. LALLY: (By Mr. Lally) What if anything had you said to Ms. Nagel prior to her going outside?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: (By Mr. Lally) Now, if you know, about how long was Ms. Nagel outside?
MS. MCCABE: I believe it was just a few minutes.
MR. LALLY: At any point in time while Ms. Nagel was outside what if anything did you do?
MS. MCCABE: Excuse me?
MR. LALLY: When Ms. 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: After your nephew said that what if anything did you do next?
MS. MCCABE: I went to the front door.
MR. LALLY: The front door of the home leads you sort of, you walk in there and there’s a foyer and a staircase in front of you?
MS. MCCABE: Yes.
MR. LALLY: As far as the front door was concerned is there any sort of other door, is it just sort of the wooden front door or is there another door in front of it?
MS. MCCABE: The door was open so it was just a storm door.
MR. LALLY: The 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: Can you describe the vehicle that you saw?
MS. MCCABE: I saw a dark SUV.
MR. LALLY: As far as Ms. Nagel, did you make any observations of where she was when you looked outside?
MS. MCCABE: I kind of just looked at the vehicle and then 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.
MR. LALLY: Just so we’re clear as far as when you say this side, so you’re standing at the storm door?
MS. MCCABE: Uh-huh.
MR. LALLY: You see the vehicle, and where is the vehicle in relation to you and where you’re standing at the front door?
MS. MCCABE: It was straight ahead.
MR. LALLY: Now the headlights that you were saying as sort of off to the side, from your perspective looking out at the street is that to the left or the right or something else?
MS. MCCABE: Left.
MR. LALLY: As far as this dark SUV that you saw could you tell anything else about it as far as the make or model, did you 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: And what kind of vehicles did he have?
MS. MCCABE: Gosh, I don’t know the brand. You know, it was a small SUV type.
MR. LALLY: Do you recall like what color it was?
MS. MCCABE: His might have been grayish. I’m not 100 percent sure.
MR. LALLY: And any other vehicles that he may have had?
MS. MCCABE: Yes, he had this old fashioned car that he loved but (c) is so embarrassed of it, but yeah, he had that, as well.
MR. LALLY: As far as Ms. 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: And was that a sedan or an SUV or what kind of vehicle was that?
MS. MCCABE: I think it was like a small SUV.
MR. LALLY: Now the vehicle that you saw outside of the residence of Fairview when you looked out the storm door was that consistent with what you knew Ms. 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?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: (By 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, you know, you could tell it was running, it had the taillights, I could see the red.
MR. LALLY: So you could see the red?
JUDGE CANNONE: I’m going to ask you to keep your voice up, okay?
MS. MCCABE: Okay, sorry.
MR. LALLY: (By Mr. Lally) Now in addition to the taillights that you saw could you see the headlights or anything like that?
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: As far as the windows of the vehicle what if anything did you observe as far as their coloration, were there tints or anything like that you saw?
MS. MCCABE: I didn’t observe, no.
MR. LALLY: Now, you see the vehicle sort of straight ahead of the front door and then you pull out your phone to text Mr. O’Keefe, correct?
MS. MCCABE: Yes.
MR. LALLY: Do you recall what you texted to him at that point?
MS. MCCABE: I think I said, “Here”, question mark.
MR. LALLY: Do you think you said here, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes. Show Mr. Jackson. Okay.
MR. LALLY: May I approach the witness, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: (By Mr. Lally) Ma’am, I’m showing you a three-page document. I just ask you to look at that and look up when you’re done?
MS. MCCABE: Okay.
MR. LALLY: Just generally speaking, that three-page document do you recognize that contents of that?
MS. MCCABE: I do.
MR. LALLY: What do you recognize it to be?
MS. MCCABE: It’s my text messaging with John.
MR. LALLY: So from sort of the early part of the 28th to around midnight through, I’m sorry, the 29th through the entirety of the 29th?
MS. MCCABE: Yes.
MR. LALLY: May I approach again, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
JUDGE CANNONE: Is there any objection, Mr. Jackson?
MR. JACKSON: If we may approach briefly?
JUDGE CANNONE: Okay.
(Sidebar commences:
MR. JACKSON: I don't have a principal objection to the content, but I thought we were being extraordinarily (indiscernible). That's my only issue. This -- I'm happy to use this, but if the Commonwealth uses it, but I don't use similar documents we will run into the same issues that Mr. Yannetti ran into that there's an identifical document for all the group chats. So I'm happy if the Commonwealth is saying they don't care about the redactions, then I don't care either. But I want to make sure that I'm following the Court's orders concerning redactions.
JUDGE CANNONE: I appreciate that. So there are no redactions of the phone numbers here?
MR. LALLY: There are no -- my apologies. I sort of didn't mean to put any of that kind of -- I think some of the information has to be there as far as them being able to recognize and authenticate it. Obviously --
JUDGE CANNONE: Which the Commonwealth has the burden of and the defendant's just sort of came in.
MR. JACKSON: I would love it. I would love it if we just use clean copies if everybody could read, I would love it.
MR. LALLY: What I would suggest, and I think the concern is very well founded as far as, you know, press or media getting hold of copies of exhibits.
JUDGE CANNONE: Right.
MR. LALLY: So if I could ask for an order from the Court that whatever we put in as exhibits or versus whatever is then released, and I'm happy to make the redactions myself. I'm not trying to put that on the Court, but just I think it's easier for our purposes for conducting the trial to have unredacted things and then we can redact the information --
JUDGE CANNONE: Except if you broadcast it -- if you publish it, then the cameras are taking pictures of it, and everybody watching TV gets these phone numbers. So that's why I said -- one of the reasons I said everything needed to be redacted before it was introduced into evidence. So this is the luncheon break. You can just quickly cross it out if that's what you want to do, but I mean, were you planning on publishing this?
MR. LALLY: I was, yes.
JUDGE CANNONE: So we've got the luncheon break to redact them.
MR. LALLY: Okay.
MR. JACKSON: It's fine with me. Again, I'll just put it out there. I can reasonably conduct my examination without publication as long as I can show her clear - which we have copies of - clear, concise texts that would make my life and Mr. Lally's life so much easier. I don't have to publish them. I just need to be able to read them and have her read them, so.
JUDGE CANNONE: And that's fine, too, as long as -- do you intend to introduce them.
MR. JACKSON: I do.
JUDGE CANNONE: A hard copy?
MR. JACKSON: A hard copy.
JUDGE CANNONE: Do you have redacted hard copies.
MR. JACKSON: We do.
JUDGE CANNONE: So you've got the clean copy and a redacted hard copy?
MR. JACKSON: We've got both.
JUDGE CANNONE: That's the ideal way to do it.
MR. JACKSON: That's what I would suggest.
JUDGE CANNONE: So --
MR. JACKSON: The jurors can have the clean copy and the press can have the redacted copy.
JUDGE CANNONE: No, no, no, whatever goes to the jury will be for the press. So the clean copy, I thought you were just going to show to the witness and then the redacted copy --
MR. JACKSON: (Indiscernible.)
JUDGE CANNONE: -- that's how it should be.
MR. JACKSON: Even better.
JUDGE CANNONE: So clean copy so the witness can authenticate them rather than just reading her name like Mr. McCabe was allowed to do. So are you going to be able to do this to be able to complete today's examination?
MR. LALLY: There really isn't much.
JUDGE CANNONE: So that's a yes during lunch?
MR. LALLY: Yes.
JUDGE CANNONE: Okay. So just so it's clear, that's how we'll do it. Clean copies to show to the witness that the witness can authenticate and then redacted copy is actually introduced and redacted copies go up on the screen.
MR. LALLY: Okay.
MR. JACKSON: Perfect.
JUDGE CANNONE: Everybody's in agreement with that?
MR. LALLY: That's fine.
JUDGE CANNONE: All right. I'm going to release them for lunch, and them I'm just going to -- I didn't give the digital evidence instruction before Mr. McCabe because I was just, frankly, trying to move it along at that point, so I'll start the afternoon with that.
MR. LALLY: Okay. That makes sense.
end of sidebar.)
JUDGE CANNONE: So it’s the luncheon break. It’s actually great timing, so we’ll have you back here at two o’clock, and, Ms. McCabe, I'll just ask you to let the jurors walk out first and then you can leave.
(Jury out.)
JUDGE CANNONE: Okay. So we’re still in session.
COURT OFFICER: Please be seated. Court is back in session.
MR. JACKSON: Your Honor, just so the Court can has it, I have an extra copy for the Court.
JUDGE CANNONE: That’s what I was hoping for. Thank you.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes. Thank you. And then, Mr. Lally, you’ll be able to make those redactions that are necessary over the luncheon break?
MR. LALLY: Yes, your Honor. I think what we can -- and by we, I mean Ms. Gilman because she’s the one who can actually do these things. But, no, I think we’ll 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 be used.
JUDGE CANNONE: So they’re the same version?
MR. LALLY: Exact same thing.
JUDGE CANNONE: Clear for authentication, redacted for purposes of admission and publication.
MR. LALLY: Yes. Yes.
JUDGE CANNONE: Great. I appreciate that. We’ll see you at 2:00.
(Court in recess.)
(Court in session at 2:04 p.m.)
(Defendant is present with counsel.)
(Jury in.)
COURT OFFICER: Good afternoon. Court is back in session. Please be seated.
JUDGE CANNONE: 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’s more likely true than not that the person who authored or sent the communication was, in fact, the person identified as doing so. If you do not find it more likely true than not that the person identified as sending the message was the one who sent it then you may not consider that electronic communication in your deliberations. All right. Thank you. Mr. Lally, go ahead.
MR. LALLY: Thank you, your Honor. Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth would seek to, well, I'm sorry let me --
MR. LALLY: In 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.
MR. LALLY: And from sort specifically that time period of the early morning of January 29th through the morning of January 29th?
MS. MCCABE: Yes.
MR. LALLY: And what’s contained in those, is that a fair and 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 far 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 who answered? You called the contact that you had as John O’Keefe, correct?
MS. MCCABE: Yes.
MR. LALLY: Okay. And who answered the phone?
MS. MCCABE: John.
MR. LALLY: The contact that you had put in as John he called you and you answered and who was on the other line?
MS. MCCABE: John.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth seeks to introduce and admit this as the next exhibit.
MR. JACKSON: No objection, your Honor.
JUDGE CANNONE: Thank you. This is subject to what we talked about at sidebar?
MR. LALLY: Yes.
MR. JACKSON: Yes, understood.
(Whereupon Exhibit No. 89, Extraction Report, was marked as an exhibit.)
MR. LALLY: Your Honor, with respect to what’s now been marked as Exhibit 89 if I could, with the Court’s permission, publish that to the jury?
JUDGE CANNONE: Yes.
(Exhibit No. 89 was published to the jury.)
MR. LALLY: Ms. McCabe, what’s up on the screen, is that what you have before you as that exhibit?
MS. MCCABE: Yes.
MR. LALLY: This is a text communication between yourself and Mr. O’Keefe, correct?
MS. MCCABE: Correct.
MR. JACKSON: Your Honor, I’m sorry to do this, may we approach briefly?
JUDGE CANNONE: Sure. Why don’t you take that down, Ms. Gilman?
(Sidebar commences:
MR. JACKSON: I don't want to make this clunky again. I don't have an objection. It's not redacted.
JUDGE CANNONE: And I wasn't expecting this. Why don't we just jump right into the text messages?
MR. JACKSON: Yeah, I thought --
JUDGE CANNONE: Okay. I wasn't expecting the beginning. She's already said these texts were between her and John O'Keefe, and you missed a redaction, so if Ms. Gilman can pull it up with the first bubble, for lack of a better word.
MR. LALLY: Sure.
JUDGE CANNONE: So I'm going to give you the opportunity to just -- do you care --
MR. JACKSON: No.
JUDGE CANNONE: -- if he crosses out the phone number right here and now. It's at the very bottom there.
MR. LALLY: Just, Your Honor, for the record -- as far as Ms. --
JUDGE CANNONE: Hold on. Mr. Jackson, you need to hear this.
MR. JACKSON: Sorry.
MR. LALLY: For the record, as far as the information that's contained therein, Ms. McCabe has changed her phone number as a result of --
JUDGE CANNONE: It's the idea in general, not --
MR. LALLY: No, no, and I very much apologize. I didn't realize that was still.
JUDGE CANNONE: I don't think anybody thinks she did it intentionally.
MR. JACKSON: No, not at all. I just wanted to be respectful.
JUDGE CANNONE: No, that's great. I appreciate it. So we'll start right with ...
MR. LALLY: Okay.
end of sidebar.)
MR. LALLY: Thank you, Ms. Gilman.
MR. LALLY: So, Ms. McCabe, what’s before you and what’s upon the screen as the exhibit there are sort of green bubbles and blue bubbles, correct?
MS. MCCABE: Correct.
MR. LALLY: Can you tell the jury as far as who is communicating in which direction as far as the green bubbles are who and the blue bubbles are who?
MS. MCCABE: Green is John and blue is myself.
MR. LALLY: And so the first text from this particular date if we could just read to the jury as far as from whom the message is sent, what the content is and then what the timeframe was?
MS. MCCABE: So John sent to me “where to” at 12:14.
MR. LALLY: If it will assist you if you have that in front of you?
MS. MCCABE: Okay.
MR. LALLY: You can look at that? The next bubble down is a blue bubble, is that correct?
MS. MCCABE: Correct.
MR. LALLY: Similar to the one before it, can read as far as well, before I get to that one you received that message from Mr. O’Keefe did you call him and have a conversation and he called you back for further conversation?
MS. MCCABE: Correct.
MR. LALLY: And then subsequent to that could you read the next blue bubble down as far as from whom, what the content is and what time it is?
MS. MCCABE: So this is from myself to John and it says, “Here” at 12:27, so at that point I see a car out front and I text him “Here.”
MR. LALLY: You testified to as far as looking out the front storm door seeing the car and texting him, is that correct?
MS. MCCABE: Correct.
MR. LALLY: Ms. Gilman, if you could scroll down to the next, please.
MR. LALLY: Ma’am, similar if you could just who sent this, what the content and what it said?
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 from 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: Scroll down and again, with this bubble if you could read that.
MS. MCCABE: From me to John saying “Hello” and it was at 12:40.
MR. LALLY: At this point in time as far as, let me ask it this way: When you’re sending these text messages over these periodic time periods what if anything are you doing sort of --
MS. MCCABE: So I would go, I originally went to the front door, saw the car, texted them, 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 of minutes later I got up again and saw that the car had moved so I send the, you know, 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 at that point?
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: From any of these text messages that you sent what if any response did you receive from Mr. O’Keefe after the --
MS. MCCABE: No.
MR. LALLY: Ms. Gilman, if you could, the next bubble.
MR. LALLY: Again, what (indiscernible).
MS. MCCABE: Sure. Jen to John, where are you, and that was at 12:42.
MR. LALLY: And Ms. Gilman, the next bubble?
MS. MCCABE: Myself to John, "hello,” at 12:45.
MR. LALLY: Now, this is later in the morning, and we’ll get to that a little bit more in a moment, but at some point you left the residence at Fairview, you went home, and were awoken by something and then at some point you texted John later on that morning on the 29th?
MS. MCCABE: Yes.
MR. LALLY: And are these the next couple of text messages that you sent at that point?
MS. MCCABE: Correct.
MR. LALLY: And if you could similar to the other ones read from these as well.
MS. MCCABE: Myself to John, "Please answer," at 4:59.
MR. LALLY: Ms. Gilman, the next.
MS. MCCABE: Myself to John, "Karen is worried. We need to find you," at 4:59.
MR. LALLY: Scroll down.
MS. MCCABE: Myself to John, "Please answer so I know you’re okay," 5:04.
MR. LALLY: Your Honor, may I approach just to retrieve?
JUDGE CANNONE: Yes.
MR. LALLY: Now, Ms. McCabe, I’m going to 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 window at various times?
MS. MCCABE: To the front door.
MR. LALLY: To the front door, yes?
MS. MCCABE: Yes.
MR. LALLY: And at any point in time do you see anybody exit from the dark SUV or the black SUV 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 you?
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 timeframe that you were texting him and going to the door?
MS. MCCABE: Yes.
MR. LALLY: May I approach, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Ma’am, I’m showing you a four-page document and ask you to look at that and look up when you’re finished and if I could suggest I think it starts in reverse order from page 4, timing wise, up through page 1. 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 in sort of a descending order as far as the most earliest calls are on page 4, and then the most recent are on the first page?
MS. MCCABE: Yes.
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 at Fairview, do they appear in those?
MS. MCCABE: They do.
MR. JACKSON: Objection, Your Honor. May we approach, briefly?
JUDGE CANNONE: Okay. May I have that please, Ms. McCabe?
MS. MCCABE: Sure.
(Sidebar commences:
MR. JACKSON: I want Ms. Little to hear this as well. Your Honor, I waited until there was at least foundation to establish that this witness is going to attempt to testify from this document. I believe this document is a partial --
JUDGE CANNONE: If you want to take a look at it?
MS. LITTLE: This is from John O'Keefe's phone.
COURT REPORTER: Is this on the record?
JUDGE CANNONE: Yes, it is. You have to -- hold on. Please don't speak to each other. You've had an opportunity to look at this, and what did you want to say, Ms. Little.
MS. LITTLE: This is from John O'Keefe's phone. It's not from Ms. McCabe's cell phone.
MR. JACKSON: That was the confusion. I don't know that she has the foundation to establish that these are actually her calls this is given the fact that these are on her records. I've never seen her cross-examined on John O'Keefe's records. She's always been cross-examined on her own records, so that's my objection.
JUDGE CANNONE: Do you have any reason to believe they're different?
MR. JACKSON: Yes, they are different significantly.
MR. LALLY: They can't. I took them from Mr. O'Keefe's extraction. I think she can authenticate -- if counsel wants to ask if there are additional calls or show additional calls, certainly he can do that, but what I'm looking for is just these are the phone calls around the time. I'm not looking to publish them. I'm just looking to talk about when the first call was and when the last call was.
MR. JACKSON: I'll withdraw the objection. It appears that we've got the other side of these which is going to allow me to use in cross.
JUDGE CANNONE: You probably have both.
MR. JACKSON: We have both, right. Thank you.
JUDGE CANNONE: Okay.
end of sidebar.)
MR. JACKSON: Your Honor, for the record we’ll withdraw the objection.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. McCabe, as far as the first call you were testifying about when you spoke to Mr. O’Keefe on the way from the Waterfall to the residence at Fairview are those contained within those calls?
MS. MCCABE: Yes.
MR. LALLY: As far as is there a time associated with those calls that you observed on that four-page document?
MS. MCCABE: Yes.
MR. LALLY: And what are they?
MS. MCCABE: 12:14 and 12:18.
MR. LALLY: Turning your attention to page 1 that would be sort of the last in line there, what time is the last call between yourself and Mr. O’Keefe and who is calling?
MS. MCCABE: I am calling him at 5:25.
MR. LALLY: May I approach, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth seeks to introduce this as the next exhibit.
JUDGE CANNONE: Any objection?
MR. JACKSON: There’s no objection, your Honor. Thank you.
(Whereupon Exhibit No. 90, Extraction Report, was marked as an exhibit.)
MR. LALLY: Now, Ms. McCabe, you had mentioned that during the course of the evening shortly after you arrived at the residence at Fairview you observed a vehicle outside of your sister’s house, correct?
MS. MCCABE: Yes.
MR. LALLY: And your Honor, with the Court’s permission I would ask to publish with this witness Exhibits 71, 72, and 73?
JUDGE CANNONE: Okay.
(Exhibit Nos. 71, 72 nad 73 were published to the jury.)
MR. LALLY: And Ms. McCabe, first and foremost what’s up on the screen is Exhibit 71, do you recognize that?
MS. MCCABE: I do.
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 and foremost, with respect to this photograph do you observe in this photograph where you first saw the black SUV in front of the house?
MS. MCCABE: It was directly if I was staring out the front door. This angle is kind of unique to see it, but if you go from the front door directly straight out so maybe the edge. Do you understand what I’m saying?
MR. LALLY: Using that to direct the jury’s attention?
MS. MCCABE: 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 bit over here.
JUDGE CANNONE: Mr. Lally, why don’t you show another picture if this one isn’t helpful.
MR. LALLY: Ms. Gilman, if I could have Exhibit 72.
MR. LALLY: Is it visible in this photograph?
MS. MCCABE: Yes, soo it would be follow this and just kind of straight.
MR. LALLY: And lastly, Exhibit 73. Now, Ms. McCabe you testified that at another point you come to the front door and you observe the vehicle in a different spot, correct?
MS. MCCABE: Correct.
MR. LALLY: And if you could again using the laser pointer just direct the jury’s attention to where in this photograph, if at all, you observed where the vehicle was the second time?
MS. MCCABE: It was right about right near the flagpole.
MR. LALLY: Thank you. Ms. Gilman, you can take that down.
MR. LALLY: Now, turning your attention to back in the home at some point you indicated you looked out and didn’t see the black SUV there anymore?
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 (c) 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?
MS. MCCABE: Approximately 1:30, 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 -- well, when Julie Nagel’s brother had come to the house earlier I had offered Julie and Sarah Levinson a ride home because we had just gotten there and they wanted to stay later so I also drove home Julie and Sarah -- well, my husband drove them home.
MR. LALLY: 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 in the car?
MS. MCCABE: In the front seat.
MR. LALLY: And do you recall where Ms. Levinson and Ms. Nagel were seated in the car?
MS. MCCABE: They were in the back seat.
MR. LALLY: Do 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 had come out?
MS. MCCABE: The snow had, you know, accumulated more.
MR. LALLY: 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: When I got in the car I kind of turned around to Julie --
MR. JACKSON: Objection.
JUDGE CANNONE: I’m going to allow this subject to -- the portion that’s relevant. Go ahead. A 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 so I had brought stuff in the car because I was driving her from one of my kid’s sporting events to the next.
MR. LALLY: Do you recall which direction or 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 Cedarcrest?
MS. MCCABE: Chapman.
MR. LALLY: As far as, I know 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?
MS. MCCABE: Chapman.
MR. LALLY: Each of the times that you saw it?
MS. MCCABE: Yes.
MR. LALLY: With that vehicle as with the one that 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 towards Chapman 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: Turned to the console towards the back seat so my back is to the window.
MR. LALLY: 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 GPS 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 drop each of them off, do you recall which order they were dropped off in?
MS. MCCABE: Julie then Sarah.
MR. LALLY: And then following and dropping off Sarah where did you and your husband go?
MS. MCCABE: Home.
MR. LALLY: This whole trip sort of from Fairview to dropping off Ms. Nagel, Ms. Levinson and then going home about how long a period of time is that?
MS. MCCABE: It could be 20 to 30 minutes. Approximately 20 minutes. I’m not exactly sure.
MR. LALLY: You arrived sometimes after 2:00 a.m., is that correct?
MS. MCCABE: Yes.
MR. LALLY: And when you and your husband Matt got home you went inside the house and what did you do?
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: What if anything do you recall doing on your phone as far as going on it?
MS. MCCABE: I was researching. My husband and I did briefly talk. My daughter had gotten an offer to play on a club --
MR. JACKSON: Objection.
JUDGE CANNONE: 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 were at the house on Fairview that evening and I believe this is the last time, I apologize for the back and forth but when you were there what if any videos or any music or anything did you pull up on your phone to share with the group that you were there with?
MS. MCCABE: So one of my sisters loves this song "Raining Men", and she always -- well, not always, maybe every once and a while she has 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 that’s "Raining Men". So I just was playing it showing my other nieces and nephews and we were just like laughing because they all have umbrellas and it’s something, it’s like an inside family joke so I played that I think a couple of times.
MR. LALLY: 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, I should say?
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: 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 when 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 that night?
MS. MCCABE: I don’t recall if I had it on that night.
MR. LALLY: 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: And do you recall making any phone calls to Mr. O’Keefe at that time?
MS. MCCABE: I don’t.
MR. LALLY: Fair to say that at no point while you saw the vehicle outside you didn’t 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 do you know what time it was?
MS. MCCABE: 4:53.
MR. LALLY: According to your phone who was calling you at 4:53?
MS. MCCABE: John’s niece.
MR. LALLY: So that would be John’s nice, (c) , 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 has just gotten into Bishop Feehan, correct?
MS. MCCABE: Correct.
MR. LALLY: She was in eighth grade, finishing up her eighth grade year of middle school, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Is that a normal thing that (c) would be calling you at 4:53 in the morning on Saturday?
MS. MCCABE: No.
MR. LALLY: Do 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 (c) .
MR. LALLY: And what if anything did (c) say to you?
MS. MCCABE: That John didn’t come home and Karen wanted to talk to me.
MR. LALLY: And even in that initial call when you’re speaking to (c) what if anything do you hear sort of in the background when you’re talking?
MS. MCCABE: Karen screaming.
MR. LALLY: Could you hear what she was screaming?
MS. MCCABE: She was just screaming, you know, Jen, Jen.
MR. LALLY: Fairly loudly, 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: What if any conversation do you have with her at that point?
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, like what, what are you talking about and she had told me 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.
MR. LALLY: At some point that conversation ended and 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 next?
MS. MCCABE: I called Julie Albert.
MR. LALLY: 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, you know, had kind of shot up out of bed when Karen had called, well, when (c) had called because Karen was screaming and then he was, 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 Ms. Read, is that someone who has your phone number, did you have her plugged into your phone as a contact before that date of January 29th?
MS. MCCABE: No.
MR. LALLY: You never had any kind of conversation with her over the phone as far as a text or a phone call or anything, you didn’t even have her information?
MS. MCCABE: Correct.
MR. LALLY: And so after hanging up while calling Julie, what if anything did you do next?
MS. MCCABE: And then I’m not sure if I called (c) back or if (c) called me back.
MR. LALLY: At some point you get back in touch with (c) or at least your phone, correct?
MS. MCCABE: Yes, I get in touch with Karen again and I say, Karen, we saw you outside of my sister’s.
MR. LALLY: 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 she had a cracked taillight.
MR. LALLY: And this is while you’re still in your home and you’re in your bed, correct?
MS. MCCABE: Correct.
MR. LALLY: And what was your response to that?
MS. MCCABE: I thought she was honestly like just talking crazy and then she said, Oh, my God, I left him there, like 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, so my brain started going well, okay, if she left him there where could he be? Who could he be with?
MR. LALLY: And 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 had mentioned that he was going to meet up with John at 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 like John might have texted this individual and maybe he just ended up on his couch.
MR. LALLY: Who was that individual?
MS. MCCABE: Tom Beatty.
MR. LALLY: Who is Tom Beatty in relation, how did you know him?
MS. MCCABE: He has two daughters that are the same age as my daughters.
MR. LALLY: Is one of those daughters at least around the same age as (c) ?
MS. MCCABE: Yes.
MR. LALLY: So based on sort of that thought process and what you knew what did you do next?
MS. MCCABE: So then I start calling Tom.
MR. LALLY: And at any point in time that you call 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, well, we’ve got to go out and look for him and in my head I’m 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?
MS. MCCABE: Uh-huh.
MR. LALLY: As far as the decade or so that you had known and been friends with John O’Keefe, with either his niece or his nephew both home, is his not coming home, is that something that had ever happened before or something you were ever aware of before?
MS. MCCABE: I was never --
MR. JACKSON: Objection.
JUDGE CANNONE: Ask it differently.
MR. LALLY: Have John ever gone out at night and then not come home when the kids --
MR. JACKSON: Objection.
JUDGE CANNONE: I’m going to allow it.
MS. MCCABE: Not to my knowledge, no.
MR. LALLY: So at some point you make your way downstairs, is that right?
MS. MCCABE: Correct.
MR. LALLY: And what, if anything, did you hear once you went downstairs?
MS. MCCABE: Screaming.
MR. LALLY: And where was the screaming coming from?
MS. MCCABE: Out front.
MR. LALLY: 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: Ms. Read came running up my walkway.
MR. LALLY: And prior to during any of the other conversations that you had had with Ms. Read did you know where she was when you were talking to her?
MS. MCCABE: No.
MR. LALLY: Obviously, the first call was (c) calling from the house, is that a fair assumption?
MS. MCCABE: Yes, uh-huh.
MR. LALLY: And then something --
JUDGE CANNONE: The uh-huh, is that a yes or a no?
MS. MCCABE: 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 next?
MS. MCCABE: The first couple calls I know she was at the house and then I don’t know.
MR. LALLY: Was opening your door and hearing or screaming from out front, was that something that surprised you?
MS. MCCABE: Yes.
MR. LALLY: And when you hear the screaming if you could you explain to the jury how loud was the screaming that you could hear?
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 Ms. Read what if anything else did you see when you opened up the door?
MS. MCCABE: Just --
MR. LALLY: Let me ask it a better way.
MS. MCCABE: Yes.
MR. LALLY: Did you see a vehicle?
MS. MCCABE: Yes.
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 door was left open.
MR. LALLY: And what kind of vehicle was it?
MS. MCCABE: A black Lexus.
MR. LALLY: Consistent with what you had seen outside of Fairview earlier in the morning?
MS. MCCABE: Yes.
MR. LALLY: She’s coming up your walk towards your front door?
MS. MCCABE: Running, yes.
MR. LALLY: And then what if any conversation did you have with her there in reference to that?
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 Ms. Read showed up at your house?
MS. MCCABE: My husband and I were going to go to Tom Beatty’s.
MR. LALLY: Now, once you decided that now you’re going with Ms. 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 a car pulls up and then the plow and then what happens?
MS. MCCABE: So in the car was Kerry Roberts and so she kind of rolled down the window and was like, Karen what are you doing and then the plow was behind her so Kerry pulled up and she, I believe, Karen, 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 you know, saying that she had cracked her taillight, 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 and we’ll drive in one car and let’s go to John’s. Maybe he’s there and he’s passed out and you didn’t see him.
MR. LALLY: Now, when you open up the door initially and you come outside and you see the defendant out there screaming and all of that again, with respect to the weather what was the weather at that point?
MS. MCCABE: It was like dark and it was almost like a white out.
MR. LALLY: And so you get into Ms. Read’s vehicle, correct?
MS. MCCABE: Yes.
MR. LALLY: And you’re driving that vehicle from your house to Meadows Ave., 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’d 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 to the jury sort of the circumstances of that or how you knew her prior to January 29th?
MS. MCCABE: Back, way back when after John’s sister and brother-in- law died I would have (c) a lot and Kerry would have (c) 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 him (sic) for you know, helping, because that’s what he did.
MR. LALLY: Now, was Kerry Roberts someone that you had as a contact saved in your phone, had you ever texted her or called her, talked to her over your phone before?
MS. MCCABE: No.
MR. LALLY: So you indicated that Ms. Roberts then called Ms. Read’s phone while you were in Ms. Read’s car, correct?
MS. MCCABE: Yes.
MR. LALLY: Now as far as that, Ms. Read’s phone, was that similar to your phone, earlier in the morning was that hooked up in any way or matched or pared with the vehicle that you were driving?
MS. MCCABE: Yes.
MR. LALLY: Fair to say you hear both sides of the conversation as far as Ms. Read talking next to you and then obviously Ms. Roberts on the other end?
MS. MCCABE: Yes.
MR. LALLY: So the conversation that you were talking about as far as Ms. Roberts saying shut up and we’re going to Meadows Ave and all of that, you could hear Ms. Roberts saying that?
MS. MCCABE: Yes.
MR. LALLY: Now the vehicle when you get into the defendant’s vehicle she 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, is that correct?
MS. MCCABE: Correct.
MR. LALLY: Now when you were operating Ms. Read’s vehicle in reverse what if anything showed up in sort of the center console area of that vehicle?
MS. MCCABE: I do not remember. I don’t know.
MR. LALLY: Do you recall anything as far as a camera or anything like that?
MS. MCCABE: I don’t remember; I don’t remember.
MR. LALLY: You backed the vehicle out of the driveway?
MS. MCCABE: Uh-huh.
MR. LALLY: You proceed to Meadows Ave., correct?
MS. MCCABE: Yes.
MR. LALLY: How long a drive is it from your house to Mr. O’Keefe’s house?
MS. MCCABE: Approximately five, six minutes.
MR. LALLY: When you get to Mr. O’Keefe’s house where do you park?
MS. MCCABE: I pull in straight in the driveway.
MR. LALLY: 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 of who on the way to Meadows, yourself or Ms. Roberts?
MS. MCCABE: I believe I was in front.
MR. LALLY: You would have pulled into the driveway and parked and Ms. Roberts would have pulled in and parked behind you, correct?
MS. MCCABE: Yes.
MR. LALLY: So after the three of you get out of your respective vehicles what happened next?
MS. MCCABE: Karen brings us to the back of the car and she says, “Look, see, I have a cracked taillight.”
MR. LALLY: Where on the vehicle was she directing yourself and Ms. Roberts’ attention?
MS. MCCABE: The back right.
MR. LALLY: So the passenger’s side rear part of the vehicle?
MS. MCCABE: Yes.
MR. LALLY: And when you looked at that area of the vehicle what could you see at that point?
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 there were missing, I saw missing pieces from the taillight.
MR. LALLY: Then at some point about how long a period of time is that that you’re out in Mr. O’Keefe’s driveway looking at the cracked taillight?
MS. MCCABE: Not long because then Kerry is, you know, yelling at her telling her that she’s crazy and 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: Your Honor, with the Court’s permission I would ask if I could publish on the screen what’s been marked as Exhibit No. 2?
JUDGE CANNONE: Okay.
(Exhibit No. 2 was published to the jury)
MR. LALLY: And Ms. McCabe, do you recognize what’s up on the screen?
MS. MCCABE: I do.
MR. LALLY: What is that?
MS. MCCABE: That is Meadows Ave, John’s house.
MR. LALLY: By the way as you talked about as far as where you pulled in that’s not visible in the photograph, correct?
MS. MCCABE: Correct.
MR. LALLY: Facing John O’Keefe’s house on Meadow which side of the photograph would the driveway be, to the left or the right?
MS. MCCABE: The right.
MR. LALLY: And your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I’m just showing you another photograph. I ask you to look at that. Look up when you’re finished.
MS. MCCABE: Okay.
MR. LALLY: Do you recognize what’s in that photograph?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize it to be?
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: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
(Whereupon Exhibit No. 91, Photograph, was marked as an exhibit.)
MR. LALLY: Your Honor, with the Court’s permission if I could just publish that to the jury now, as well.
JUDGE CANNONE: Okay.
(Exhibit No. 91 was published to the jury.)
MR. LALLY: Now, Ms. McCabe, with reference to what is up on the screen is that the photo that you just had up before you?
MS. MCCABE: Yes.
MR. LALLY: And there’s two garage doors on the house at 1 Meadows Ave, correct?
MS. MCCABE: Correct.
MR. LALLY: There’s a left and a right section, fairway?
MS. MCCABE: Yes.
MR. LALLY: You’ve been inside the O’Keefe house a number of times, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Now with respect to the garage door on the left what was contained within that part of the garage?
MS. MCCABE: His old fashioned car.
MR. LALLY: The one that (c) didn’t like?
MS. MCCABE: Yes.
MR. LALLY: On the right side of the garage what if anything was in there?
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 it?
MS. MCCABE: John was very meticulous. Everything had its place.
MR. LALLY: Now when you arrived there on the morning on the 29th Mr. O’Keefe’s vehicle wasn’t parked in that -- 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 affixed to the house of 1 Meadows Ave at that time?
MS. MCCABE: Yes.
MR. LALLY: And how were you aware of that?
MS. MCCABE: John told us he was, I remember years prior, I believe, he came over and he was so excited that he had gotten Ring and he would always show us it. He just was always watching.
MR. LALLY: And when he would show you that how would he show you that, on what kind of device?
MS. MCCABE: On his phone.
MR. LALLY: So he had the Ring application hooked up to his cell phone?
MS. MCCABE: Yes.
MR. LALLY: Now with respect to that morning when you arrived if you could, using the laser pointer just sort of delineate for the jury whereabouts you had parked Ms. Read’s vehicle when you pulled in --
MS. MCCABE: So it would be right there because John’s car was further over.
MR. LALLY: Mr. O’Keefe’s car was further over towards the fence?
MS. MCCABE: Towards the fence, yes.
MR. LALLY: And so when you arrived there you’re looking at the taillight and then at some point you go into the house, correct?
MS. MCCABE: Correct.
MR. LALLY: How did you get into the house that morning if you recall?
MS. MCCABE: The right garage door was open.
MR. LALLY: Now, is that something normal when you get to Mr. O’Keefe’s house that the garage door was 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: Ms. Gilman, you can take it off.
MR. LALLY: So Ms. McCabe, if you could sort of describe to the jury sort of, when you come in through that right garage door and you start to go into the house what is it when you see when you first come into the house and what is sort of the layout of Mr. O’Keefe’s house?
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 why 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 who spent time any at his house on Meadows Ave?
MS. MCCABE: Yes.
MR. LALLY: So when you and Ms. Roberts and Ms. Read walked into the home that morning into the mud room, what did you do, what did Ms. Roberts do? What did Ms. Read do?
MS. MCCABE: I took off my boots or shoes, whatever I had on. Kerry Roberts took off, Karen just ran straight in the house.
MR. LALLY: You and Ms. Roberts both took off your shoes, Ms. Read then just walked in 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 different rooms and then I went into (c) ’s room.
MR. LALLY: And during this time when you and Ms. Roberts are sort of going around room-to-room what was the defendant doing?
MS. MCCABE: I’m not sure.
MR. LALLY: Did you see her doing the same thing that you were doing?
MS. MCCABE: No.
MR. LALLY: Now with respect to when at least you 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 in?
MS. MCCABE: It was made.
MR. LALLY: And so then you go into (c) ’s room and check on her, correct?
MS. MCCABE: Yes.
MR. LALLY: And at any point in time did you see (c) at any point?
MS. MCCABE: No.
MR. LALLY: Were you aware of where (c) was or did you know at that point?
MS. MCCABE: At that point, I believe (c) told me he was at a sleepover.
MR. LALLY: So you have some conversation with (c) , is that right?
MS. MCCABE: Yes.
MR. LALLY: And about how long a conversation did you have with (c) that morning?
MS. MCCABE: Probably about a few minutes.
MR. LALLY: And when you left from (c) , what is it that you said to her as you were leaving?
MR. JACKSON: Objection.
JUDGE CANNONE: I’ll allow it.
MS. MCCABE: I promised (c) -- I promised (c) 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 then drove to Fairview.
MR. LALLY: And when you say you got into the car, which car did you get into?
MS. MCCABE: Kerry’s.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Again, showing you two photographs. Again, if you could just look at those and look up when you’re finished. Do you recognize what’s in those photographs?
MS. MCCABE: Yes.
MR. LALLY: And what do you recognize those to be?
MS. MCCABE: The defendant’s vehicle.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce these as the next two exhibits.
MR. JACKSON: No objection, your Honor. Thank you.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 92, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 93, Photograph, was marked as an exhibit.)
MR. LALLY: Your Honor, with the Court’s permission if I could publish those to the jury, as well?
JUDGE CANNONE: Uh-huh.
(Exhibit Nos. 92 and 93 was published to the jury.)
MR. LALLY: Now, Ms. McCabe, what’s depicted in this photograph is the defendant, Ms. Read’s vehicle, correct?
MS. MCCABE: Correct.
MR. LALLY: And in sort of focus here is the right rear passenger’s side of that vehicle, correct?
MS. MCCABE: Correct.
MR. LALLY: The taillight, if you could with the laser pointer just to direct the jury’s attention where you observed that?
MS. MCCABE: (Witness complies.)
MR. LALLY: Now, ma’am, with respect to what’s depicted in this photograph as far as any damage that you observed to the taillight on the rear passenger’s side is that consistent with what you observed in the driveway at 1 Meadows Ave. when the defendant was showing you?
MS. MCCABE: Correct, minus the snow, et cetera.
MR. LALLY: Ms. Gilman, if I can have the next exhibit.
MR. LALLY: And again, do you recognize what’s depicted in the next photograph?
MS. MCCABE: Yes.
MR. LALLY: And this is essentially a closer image of that same rear passenger rear taillight is that correct?
MS. MCCABE: Yes.
MR. LALLY: Again, what’s depicted in this is that consistent what you observed minus it encased in snow when you were in the driveway at Mr. O’Keefe’s house on the morning of January 29th?
MS. MCCABE: Yes.
MR. LALLY: Thank you. Ms. Gilman, you may take that down and your Honor, with the Court’s permission I would ask to publish just a short portion of, 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: Ms. Gilman, if I could have video No. 154 from the driveway.
(Portion of Exhibit No. 6 was published to the jury.)
MR. LALLY: Ms. McCabe, directing your attention now on the screen what’s been marked as Exhibit 6 or the video from Exhibit 6 do you recognize what’s depicted in this video?
MS. MCCABE: I do.
MR. LALLY: What do you recognize it to be?
MS. MCCABE: That’s myself getting out of the car at Meadows Ave.
MR. LALLY: Is that essentially where you parked Ms. 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 Ms. Read’s vehicle is that you parked and if you see Ms. Roberts’ vehicle?
MS. MCCABE: That is Ms. Read’s and that would be Ms. Roberts’.
MR. LALLY: As far as the right garage door that you entered in the house, if you could direct the jury’s attention to -- I know it’s not on the video but where would it be in respect --
MS. MCCABE: I walked straight.
MR. LALLY: Ms. Gilman, if you could run this in its entirety.
(Portion of Exhibit No. 6 was played.)
MR. LALLY: Ms. McCabe, what was depicted in that video is that consistent with what you observed the weather conditions to be around the time you arrived at Mr. O’Keefe’s house?
MS. MCCABE: Yes.
MR. LALLY: And lastly in this line, your Honor, if I, with the Court’s permission could I publish a very short portion of what’s been marked as Exhibit No. 41?
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could ask you to forward this to about two hours and ten minutes, if you could play –- stop here.
(Portion of Exhibit No. 41 was published to the jury.)
MR. LALLY: Again, what’s in this video, do you recognize that, Ms. McCabe?
MS. MCCABE: Yes, I do.
MR. LALLY: What is that?
MS. MCCABE: That is John’s house.
MR. LALLY: Ms. Gilman, if you could play it from there. Ms. Gilman, if you could stop.
MR. LALLY: Now, what’s depicted in this video sort of the screen directly in front of you do you recognize what that is?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize that to be?
MS. MCCABE: John’s driveway.
MR. LALLY: What if anything do 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 your attention to the defendant’s car and where --
MS. MCCABE: Mr. O’Keefe’s car and the defendant’s.
MR. LALLY: Where you observe the defendant’s car to be is that essentially where you parked it at that time?
MS. MCCABE: Yes.
MR. LALLY: Your Honor, may I have a moment?
JUDGE CANNONE: Okay.
MR. JACKSON: May we have just a moment, your Honor?
JUDGE CANNONE: Sure. I’ll see counsel at sidebar.
(Sidebar commences:
JUDGE CANNONE: I appreciate it looks like cooperation between the two of you. I don't think the jury would mind a five minute break while you get this stuff done.
MR. JACKSON: The problem is I just realized he's got to have software on his computer to do it it'll work.
MR. LALLY: Okay.
JUDGE CANNONE: Do you have this on your computer?
MR. JACKSON: Not ready and available. It may take us a few minutes to find it.
JUDGE CANNONE: I can give them a break. If you don't want me to, I won't, but.
MR. YANNETTI: Do you have this as USB?
MR. LALLY: It's in evidence as a USB.
MR. JACKSON: I think it's going to take too long, Judge.
JUDGE CANNONE: No, I understand if you don't want to do it, too.
MR. JACKSON: I don't want to have to go through the machinations --
JUDGE CANNONE: All right. If you don't want to assist because frankly it's not all that helpful to the defense. I respect that as well.
MR. JACKSON: I don't want to go through us having to bring it up. Ours may be different in terms of the type of file that it's saved as and it just becomes clunky.
JUDGE CANNONE: Okay. But I do appreciate your trying to work together. Do the best you can with this, and if you have an opportunity to work together and she's still on the stand for the Commonwealth, and you can assist --
MR. JACKSON: (Indiscernible.)
JUDGE CANNONE: So maybe that's something that could be done. So do the best you can, and if you can't maybe the defense would be kind enough to give you an opportunity to do it. I'm not telling you to.
MR. JACKSON: No, I understand.
JUDGE CANNONE: All right.
end of sidebar.)
JUDGE CANNONE: Jurors, I just want to tell you, 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 today, so.
MR. LALLY: Now, Ms. McCabe, as far as what you observe from what you can on the screen right now --
MS. MCCABE: Uh-huh.
MR. LALLY: -- the condition of the passenger’s side taillight, is that consistent with what you observed when you parked the vehicle there sometime earlier that morning?
MS. MCCABE: It’s kind of hard to see from this distance.
MR. LALLY: Just if you could, lastly, with the laser pointer direct the jury’s attention to where in the video you see the passenger’s side taillight?
MS. MCCABE: (Witness complies.)
MR. LALLY: Ms. Gilman, you can take that down.
MR. LALLY: Now, Ms. McCabe, you then yourself the defendant and Ms. Roberts then get into Ms. Roberts’ vehicle, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Who is seated where within Ms. Roberts’ vehicle as you’re going from Meadows Ave. or what was the plan or where were you going sort of first when you left Meadows Ave?
MS. MCCABE: We were going to Fairview.
MR. LALLY: And why were you going to Fairview?
MS. MCCABE: Because Karen kept screaming we need to go to Fairview.
MR. LALLY: Now, who was seated where within the vehicle when you get in?
MS. MCCABE: Kerry was driving, I was in the passenger’s seat and Karen was in the back.
MR. LALLY: 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 at the car.
MR. LALLY: And as you’re making that drive or as Ms. Roberts is making that drive from Meadows Ave. to Fairview about how long a drive is it?
MS. MCCABE: Approximately ten minutes. I mean with the weather, the lights, you know, the streetlights, I would say about ten minutes, give or take.
MR. LALLY: As far as during the drive from Meadows 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, Kerry, her name over and over, 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 Ms. Roberts doing in the front seat of the car?
MS. MCCABE: 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 Ms. 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 Meadows Ave to Fairview?
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, you know, 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: It he could be at (c) ’s house.
MR. LALLY: Referring to the directions that you had provided the night before?
MS. MCCABE: Correct.
MR. LALLY: And so that would have been, that was a child who was around the age of (c) and your daughter, correct?
MS. MCCABE: Yes.
MR. LALLY: There had been some years in the past, a dating relationship between Mr. O’Keefe and (c) ’s mother, correct?
MS. MCCABE: Yes.
MR. LALLY: So Ms. 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. 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 is that? Who is she?
MR. LALLY: And do 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: Was that anywhere recent in time from when you’re driving around on January 29th when they had dated?
MS. MCCABE: No.
MR. LALLY: So similar to (c) ’s mother it would have been years before?
MS. MCCABE: Correct.
MR. LALLY: And so when Ms. Roberts said that what if anything did the defendant say?
MS. MCCABE: She was just spiraling, yelling about Ashley, who was (c) ’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 the vehicle as the vehicle is going down Fairview, is that correct?
MS. MCCABE: Yes.
MR. LALLY: You recall how it was that Ms. Roberts came about coming to Fairview similar to the night before, did she come in from the Chapman side or from the Cedarcrest side?
MS. MCCABE: Chapman.
MR. LALLY: As the vehicle turned from Chapman onto Fairview what if conversation was going on at that point?
MS. MCCABE: Well, (c) lives on that street so that’s 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 Ms. Roberts, did Ms. Roberts know where she was going as far as where your sister lives?
MS. MCCABE: No, I told her that my sister lived at the bottom and then as we got closer I said, you know, just past, see where those trees are, just past the trees is my sister’s house.
MR. LALLY: As you got in that area 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, the start of the property is the trees, and then their property begins.
MR. LALLY: 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, it goes the trees and then the fire, you, hydrant, then further up is the fire hydrant and the flagpole.
MR. LALLY: As you’re 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’s?
MS. MCCABE: The driver’s side.
MR. LALLY: And as you approached that area where the trees and the flagpole and the fire hydrant were, what if anything happens next?
MS. MCCABE: We pass, we drive past the flagpole area and all of a sudden Karen starts screaming, There he is, There he is, and she’s banging to get out.
MR. LALLY: Banging on the door in the back seat?
MS. MCCABE: Yes.
MR. LALLY: At the time that she is saying this were you able to see anything outside of the vehicle?
MS. MCCABE: I saw nothing.
MR. LALLY: And what if anything when she’s banging on the door what if anything, what did Ms. Roberts do?
MS. MCCABE: Ms. Roberts unlocked the door. Karen got out. Ms. Roberts looked at me and said something like she’s crazy or she’s batshit crazy, something like that.
MR. LALLY: And when the defendant gets out of the vehicle where is it that she goes?
MS. MCCABE: She just runs.
MR. LALLY: And runs where?
MS. MCCABE: Straight to John.
MR. LALLY: Again, when she’s running at this point in time can you see what she’s running toward or where she’s going or anything that she’s talking about?
MS. MCCABE: I was on the passenger’s side so as I got out she was already at John.
MR. LALLY: So she gets out and essentially makes a B-line over to where John was?
MS. MCCABE: Correct.
MR. LALLY: And you’re getting out of the passenger’s 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 what, if anything, could you see at that point?
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 Ms. 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. And your Honor, with the Court’s permission I ask that I publish just a portion of what’s been marked as Exhibit 12.
JUDGE CANNONE: Okay.
MR. LALLY: Now, Ms. McCabe, I’m going to direct your attention to what was previously marked as Exhibit 12 and I know this is not something that pertains to your vehicle but what I’m going to ask you is if what you observe in this video is consistent with what you observed on Fairview Road that morning.
MR. LALLY: Ms. Gilman, if you could play it.
(Portion of Exhibit 12 was played.)
MR. LALLY: Now as this video is running, Ms. McCabe, if I could just ask, is what you see in this video sort of consistent with the lighting and the conditions weather-wise that you observed when Ms. Roberts were driving from Meadow Ave to Fairview?
MS. MCCABE: Yes.
MR. LALLY: Can you just stop it.
MR. LALLY: Ms. McCabe, do you recognize whereabouts in the town of Canton this perspective was as far as what street was that you observed in the video?
MS. MCCABE: Yes, we just passed Cassie’s Corner Store and that is Chapman Street.
MR. LALLY: Ms. Gilman, can you play it again. Ms. Gilman, stop here.
MR. LALLY: Again, Ms. McCabe, do you recognize whereabouts in the town of Canton you are in this portion of the video?
MS. MCCABE: Yes.
MR. LALLY: Where are we?
MS. MCCABE: This is the top of Fairview.
MR. LALLY: This would be from Chapman coming down Fairview is that correct?
MS. MCCABE: Correct.
MR. LALLY: Prior to that along that ride along Chapman, is that the period of time you’re looking out the window and trying to see if you can see 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 would have been taking a left onto Fairview?
MS. MCCABE: Yes.
MR. LALLY: Ms. Gilman. Stop right there.
MR. LALLY: Now, what’s up on the screen and what you just have observed as far as the drive down Fairview is that a fair and accurate portrayal or consistent with what you observed when Ms. Roberts was driving down that morning?
MS. MCCABE: Yes.
MR. LALLY: And at this point in time as you’re coming sort of down the hill from Fairview is this the point that the conversation occurs far as (c) ’s mother and prior dating relationships and things like that?
MS. MCCABE: A little bit. More towards the top of the street.
MR. LALLY: (c) ’s mother lived more closer to the top of like Chapman?
MS. MCCABE: Midway down, yes.
MR. LALLY: Ms. Gilman, if you could.
MR. LALLY: The vehicle on the roadway there, do you recognize that?
MS. MCCABE: Yes.
MR. LALLY: What do you recognize that to be?
MS. MCCABE: Ms. Roberts.
MR. LALLY: Just for -– purposes with the laser pointer now the area where you observed Mr. O’Keefe, do you see this in this particular frame of the video?
MS. MCCABE: (Witness complies.)
MR. LALLY: Now the area where you observed Mr. O’Keefe, can you see this in this particular paused frame in the video?
MS. MCCABE: Not in this frame I cannot. It’s not clear.
MR. LALLY: Ms. Gilman if you could.
MR. LALLY: (By Mr. Lally) Do you see that area now?
MS. MCCABE: Yes.
MR. LALLY: Using the laser pointer could you direct the jury’s attention to that?
MS. MCCABE: (Witness complies.)
MR. LALLY: Ms. Gilman, if you could play this. If you could fast-forward -- play. Pause.
MR. LALLY: Ms. McCabe, do you recognize any of the individuals up on that screen?
MS. MCCABE: Yes.
MR. LALLY: If you could with the laser pointer direct the jury’s attention, who do you recognize and who do you recognize where?
MS. MCCABE: Kerry Roberts, myself, Karen Read.
MR. LALLY: Thank you. Ms. Gilman, you can take that down.
MR. LALLY: Ms. McCabe, if I could just take you back to when you arrived there, you indicated Ms. Read goes over to Mr. O’Keefe, Ms. Roberts, what is it that you were doing at that point?
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. 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 her car.
MR. LALLY: Is that why the back of the car is opened up in the video that we just saw in reference to Ms. Robert’ vehicle?
MS. MCCABE: Yes.
MR. LALLY: Was she directing you where to go within the vehicle to get the blankets or towels or whatever it was?
MS. MCCABE: Yes.
MR. LALLY: 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 for 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 right 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: As far as the snow Ms. Roberts was wiping off his face was there any other snow on his body at that point in time?
MS. MCCABE: Yes.
MR. LALLY: If you know, about how much?
MS. MCCABE: 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: So you make that call to 911 and what is sort of going on with respect to Ms. Roberts, the defendant and Mr. O’Keefe while you’re on that 911 call?
MS. MCCABE: So I run the blankets over to Ms. Roberts and she’s putting, kind of lifts him up, put the blankets kind of underneath him and she’s screaming at Ms. Read to get off of Mr. O’Keefe and they’re kind of yelling back and forth. Karen is screaming, Is he dead? Is he dead? I, at some point walk over to the car, Kerry’s car to get away from her because they were so loud and I was trying to calm and get help there for John as fast as possible. Kerry starts yelling about doing CPR. She tells Karen to do mouth-to-mouth. Karen is yelling because as they start 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 is yelling and you’re on the phone with 911, correct?
MS. MCCABE: Yes.
MR. LALLY: You were trying to back up or distance yourself a little bit so that you could hear what was going on with the 911 operator and they could hear you?
MS. MCCABE: Yes.
MR. LALLY: After you complete that 911 call, what’s going on at that point?
MS. MCCABE: I go over and at that point Kerry asks if I can take over doing the compressions.
MR. LALLY: And did you do that?
MS. MCCABE: I did, yes.
MR. LALLY: At some point after you call 911 do either police or fire or someone responds and arrives on scene, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Do you know about how much time it was when you hung up with 911 to when first responders arrived?
MS. MCCABE: When I hung up maybe a few minutes. I’m not exactly sure.
MR. LALLY: 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 in the screen displayed?
MS. MCCABE: I didn’t see the officer in the video but I know Officer Saraf was the first officer who arrived.
MR. LALLY: So then after the officer arrives what happened then?
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.
MR. LALLY: And by him you mean Mr. O’Keefe?
MS. MCCABE: Yes.
MR. LALLY: And Mr. O’Keefe is still on the ground and they’re working on him there, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Could 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 next?
MS. MCCABE: More officers began to arrive. Ms. Read just continued to run around screaming. As more officers and EMTs arrived they asked what happened. One EMT asked, you know they --
MR. JACKSON: Objection.
JUDGE CANNONE: I’ll allow it. A -- one EMT had asked, do you know his name, his age, things like that, if she knew what happened. Ms. 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 Ms. Read in the back of her (sic) cruiser and he asked for myself to go over with her and Kerry came over with us, as well.
MR. LALLY: If I can just take you back, when the paramedic is asking for information, biographical information, things like that, you indicated that the defendant said, I hit him, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Is that 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, before you had made references to statements she made with sort of qualifiers or questions as far as, Did I hit him, is that what she said at that time when she was talking to the paramedic?
MS. MCCABE: No, she 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 her cruiser, is that right?
MS. MCCABE: Yes.
MR. LALLY: And you were over in that area, as well?
MS. MCCABE: Yes.
MR. LALLY: Who if anyone else was in that area?
MS. MCCABE: Ms. Roberts.
MR. LALLY: And while you were over in that area what was going on over there?
MS. MCCABE: We were in the back of the police cruiser. Karen was sitting in there. I kind of scooched myself in. Ms. 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 had 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 has got 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 she was yelling, are they working on him and then at that point she grabbed my hands and she said, Google hypothermia, 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 had ( 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 the defendant’s request on-scene sometime after 6:00 a.m. on that day, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Do you recall whether or not that came up as far as your search in Google, is that something you typed once or more than once or do you know?
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: Do you recall anything as far as what the search results were or did you click on anything did you get an answer to the question the defendant had posed to you?
MS. MCCABE: I don’t think I got an answer because as I kept Googling and she kept yelling and they were moving John and the next thing I knew they we were kind of moving because she wanted to see if they were working on him.
MR. LALLY: So when you were moving along with the defendant over towards where Mr. O’Keefe had gone with 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 then?
MS. MCCABE: They were just putting him 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, what did you do?
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: 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, I was completely just in a state of shock and disbelief.
MR. LALLY: And that sort of period there how long did that go on?
MS. MCCABE: So I talked to a few officers. We tried to just give them, you know, 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: 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: When was that in relation to everything as far as medically that was going on with Mr. O’Keefe and with all --
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 to John.
MR. LALLY: And she didn’t answer the call when you called her initially?
MS. MCCABE: No.
MR. LALLY: And do 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 if you called or didn’t call 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?
MS. MCCABE: The front door.
MR. LALLY: The front door was unlocked?
MS. MCCABE: Yes.
MR. LALLY: Is that typical from your experience at that residence?
MS. MCCABE: Yes.
MR. LALLY: And so you went into the house and where did you go?
MS. MCCABE: I went up the stairs to their bedroom.
MR. LALLY: The bedroom door, when you arrived there, was it open or closed or something else?
MS. MCCABE: Closed.
MR. LALLY: And you opened it?
MS. MCCABE: Yes.
MR. LALLY: 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 and what happened then?
MS. MCCABE: I go over to the bed and I’m calling out their names.
MR. LALLY: How long were you calling out their names before you got any kind of response?
MS. MCCABE: Brian responded first and he was very, you know, startled and looked at me like what is going on. Nicole took a little, you know, 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 up?
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 is 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 sort of their demeanor as you’re talking?
MS. MCCABE: They were both shocked. I think they thought like, you know, like why --
MR. JACKSON: Objection.
JUDGE CANNONE: Not what you think they thought.
MS. MCCABE: Okay.
MR. LALLY: What I’m asking you, ma’am, is when you observed them how would your physical observations, and what they looked like the demeanor at that point?
MS. MCCABE: Shocked, confused, not understanding.
MR. JACKSON: Objection. Move to strike.
JUDGE CANNONE: Strike the last one.
MR. LALLY: Now as far as 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 when you got there?
MS. MCCABE: There was police officer at the bottom of the stairs.
MR. LALLY: 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 him?
MS. MCCABE: He’s from Canton. He was, I don’t know, five years older than me. I knew him kind of growing up, who he was and met him through the years.
MR. LALLY: You were 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 Ms. Roberts and the defendant were doing when you went to the house?
MS. MCCABE: I believe they put Karen in a car and --
MR. JACKSON: Objection.
JUDGE CANNONE: Only if you know.
MS. MCCABE: Okay.
MR. LALLY: If you know, do you know?
MS. MCCABE: Karen was in a car. 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 percent sure but I believe it had left.
MR. LALLY: When you come downstairs with your sister and your brother-in-law and the officer is 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 there was Officer Lank at one point. Were there any other officers that joined that conversation at some point?
MS. MCCABE: Hours later, yes.
MR. LALLY: 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: The conversation initially with officers, do you know about how long that went on?
MS. MCCABE: I don’t, a few minutes.
MR. LALLY: Following that conversation what did you do or what happened next?
MS. MCCABE: My husband arrived.
MR. LALLY: And had you called him?
MS. MCCABE: Yes.
MR. LALLY: When had you called him?
MS. MCCABE: I called him as I was walking in the house to wake up my sister and Brian.
MR. LALLY: As you’re walking in you call your husband, Matt, and then he arrived at some point after, was it after you’re done talking to the officer or while you’re talking to the officer?
MS. MCCABE: The officer was still in the house, yes.
MR. LALLY: So in that vein when the officer was still in the house the officer was there, correct?
MS. MCCABE: Yes.
MR. LALLY: Did you see your husband talking to the officer, as well?
MS. MCCABE: Yes, the officer asked him to step outside or step to the side and they spoke.
MR. LALLY: And then what happened then?
MS. MCCABE: The officer told me to stay --
MR. JACKSON: Objection.
JUDGE CANNONE: I’ll allow that. Told you to stay. A The officer told me to stay and that 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 Ms. Roberts and the defendant were?
MS. MCCABE: Yes, Kerry came up and she had told me that she --
JUDGE CANNONE: Not what she told you. Next question, Mr. Lally.
MR. LALLY: At some point did you see Ms. Roberts and the defendant go somewhere?
MS. MCCABE: Yes, to pick up John’s parents.
MR. JACKSON: Objection, move to strike.
JUDGE CANNONE: I’ll strike that.
MR. LALLY: As far as, they left in Ms. Roberts’ car, is that right?
MS. MCCABE: Correct.
MR. LALLY: Ms. Roberts was again driving?
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?
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 Ms. Roberts pull back up.
MR. LALLY: You were in the house for most of rest of the time that you were there, correct?
MS. MCCABE: Correct.
MR. LALLY: How long were you there that morning waiting for the state police?
MS. MCCABE: I believe I left approximately 11:00 to 11:30.
MR. LALLY: During the time that you were there, you’re there, you sister, Nicole Albert is there, your brother-in-law, Brian Albert is there and your husband, Matthew McCabe is there, correct?
MS. MCCABE: Correct.
MR. LALLY: 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 there and if you know what time was it that they arrived?
MS. MCCABE: Julie Albert.
MR. LALLY: Now with reference to when Julie Albert arrives, 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 or fire or anything that was still there at the time that Ms. Julie Albert arrived?
MS. MCCABE: There wasn’t.
MR. LALLY: She comes in the house and at some point I’m assuming she’s informed of what had happened there before her arrival?
MS. MCCABE: Yes.
MR. LALLY: 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, oh, Brian Higgins also came that morning.
MR. LALLY: And do you know how Brian Higgins came to know or how Brian Higgins came to be there that morning, if you know?
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: Now was that for some period of time when he had left?
MS. MCCABE: Yes.
MR. LALLY: He came back with another officer named Gallaher, is that right?
MS. MCCABE: Yes.
MR. LALLY: Why did they come back to the house?
MS. MCCABE: Because I called Officer Lank.
MR. LALLY: Did you have his number or how did you get your number?
MS. MCCABE: Julie Albert gave it to me.
MR. LALLY: So you called Officer Lank, he then comes back to the house on Fairview, is that correct?
MS. MCCABE: Yes.
MR. LALLY: When he came back what is it that you, why did you ask him to come back?
MS. MCCABE: Well, as I was sitting there and I was 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, you know, once, you know, if you remember anything please, you know, give me a call.
MR. LALLY: So there was something that you remembered and you gave him a call?
MS. MCCABE: Yes.
MR. LALLY: 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 types of remarks are you referring that you told Officer Lank when he came back to the house?
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: Where did the two of you go?
MS. MCCABE: We went home.
MR. LALLY: And your children were still there without either you or your husband there, correct?
MS. MCCABE: Yes.
MR. LALLY: And once you arrived back home what is it that you did at that point?
MS. MCCABE: We went in the house and Officer Proctor was coming over to speak with us.
MR. LALLY: Officer Proctor, is that someone that you knew previously or had ever met before?
MS. MCCABE: I never met Officer Proctor.
MR. LALLY: 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 other officer is?
MS. MCCABE: Yes, Yuriy Bukhenik.
MR. LALLY: And had you ever met Yuriy Bukhenik?
MS. MCCABE: No.
MR. LALLY: When you get home about how long was it from when you arrived at 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 your that day, late morning, early afternoon?
MS. MCCABE: Yes, my brother-in-law, Brian.
MR. LALLY: Do you know why he came over that day?
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.
MR. LALLY: And he obliged and he came over, correct?
MS. MCCABE: Yes.
MR. LALLY: At some point the officers from the state police came over and you spoke to them, is that correct?
MS. MCCABE: Yes.
MR. LALLY: Do you recall where in your home you spoke to them?
MS. MCCABE: In my dining room.
MR. LALLY: When you spoke to them was it both of the officers who were present?
MS. MCCABE: Yes.
MR. LALLY: When you spoke with them was there anybody else present in the dining room when you were talking to them?
MS. MCCABE: No.
MR. LALLY: 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, did those same officers talk to both your husband and your brother-in-law, Brian Albert?
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?
MS. MCCABE: No.
MR. LALLY: If I may I have a moment, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Ma’am, I’m showing you two separate pages. I ask you to look at each of them and look up when you’re finished.
MS. MCCABE: Okay.
MR. LALLY: Do you recognize each of those documents and what the content is?
MS. MCCABE: Yes.
MR. LALLY: And those are essentially, one contains text messages that morning on the 29th between yourself and Ms. Read, is that correct?
MS. MCCABE: Yes.
MR. LALLY: The other one is sort of the list of phone calls between yourself and Ms. Read from that morning, as well?
MS. MCCABE: Yes.
MR. LALLY: Before I get into those as far as after you had gone inside the house and Ms. Read had got into Ms. Roberts’ car what if any other communication or what if any other communication did you have with Ms. 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 essentially has one bubble on it and that’s you asking for Kerry Roberts’ number?
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 with her?
MS. MCCABE: Yes, she was in an ambulance.
MR. LALLY: If you could describe for the jury, sort of generally speaking, what was the content of that conversation, what did the two of you talk about?
MS. MCCABE: She just was just repeating, asking is he 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: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit each of those as the next two exhibits.
JUDGE CANNONE: Is there an objection, Mr. Jackson?
MR. JACKSON: No objection, your Honor.
COURT REPORTER: Any particular order?
MR. LALLY: It doesn’t matter. whichever.
JUDGE CANNONE: Text first, please.
MR. LALLY: Oh.
(Whereupon Exhibit No. 94, Extraction Report, was marked as an exhibit.)
(Whereupon Exhibit No. 95, Extraction Report, was marked as an exhibit.)
MR. LALLY: Just a couple more questions, ma’am.
MS. MCCABE: Uh-huh.
MR. LALLY: Now you had asked the defendant, Ms. Read, for Ms. Roberts’ information because you didn’t have it, right?
MS. MCCABE: Correct.
MR. LALLY: At some point had you received that information from the defendant?
MS. MCCABE: No.
MR. LALLY: Did you receive that information from any other source?
MS. MCCABE: I must have but I don’t recall how.
MR. LALLY: As far as asking for Ms. Roberts’ 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, correct?
MS. MCCABE: Yes.
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: I have no further questions for this witness, Your Honor.
JUDGE CANNONE: All right. It’s four minutes of four. I think we’ll wait until Monday morning.
MR. JACKSON: I don’t think I can get it done in four minutes.
JUDGE CANNONE: All right. Jurors, we're not in session on Monday, so we'll come back Tuesday morning. So Tuesday will be a half a day. Someday next week, I might ask you to think about may be revising some of these Tuesday/Thursdays to longer days, but I'll give you plenty of notice for that. I need to make sure the lawyers -- I'm just asking you to think about it. All right. So please those same questions. 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 it. Again leave everything here literally, figuratively, clear your heads, and we'll see you fresh Tuesday morning. So thank you.
(Jury out.)
(Witness exits.)
JUDGE CANNONE: All right. So I'll see counsel at sidebar about scheduling.
(Sidebar commences:
JUDGE CANNONE: So it seems like we're going very slowly.
MR. LALLY: Slower than -- I think slower than everyone would like it.
JUDGE CANNONE: Stop repeating, okay, and I don't want to cut a defendant's case off, but it was repetitive.
MR. JACKSON: Geez, I cut out the whole water phone. I cut out everything. It took me a long time to get through the V marks. It took way longer than I anticipated.
JUDGE CANNONE: So I will often tell counsel my observation of the jurors. You've got cocounsel so I don't need to tell you.
MR. YANNETTI: I understand
JUDGE CANNONE: All right. This is the end of week three and we're about where I thought we'd be at about a week and a half. Am I wrong on that?
MR. LALLY: No. I mean, I'd say by my estimation we're about a week behind where I thought we would be.
JUDGE CANNONE: All right. I'm going to keep those three days off - that Wednesday, Thursday, and Friday. I would like everybody the beginning of June we go all day Tuesday and Thursday, because I think now we have to finish it by the 4th of July which is problematic. Okay. I'd like an idea of next week's witnesses. You don't have to tell me, but I would like an idea. Are you continuing with civilians?
MR. LALLY: Yes, but I think we're almost at the end of that.
JUDGE CANNONE: Okay.
MR. LALLY: So as I said to counsel, after Ms. McCabe would be Ms. Roberts. After that would be Laura Sullivan and Marietta Sullivan. Likely after that -- I mean, I won't say likely because I have to confirm his schedule, but I think Mr. Higgins could be after that.
JUDGE CANNONE: I assume you might be cross-examining him. Do you expect it to be a long cross-examination?
MR. JACKSON: I do.
JUDGE CANNONE: I think he's going to potentially be one of the longest witnesses.
MR. JACKSON: Your Honor, after Jen McCabe -- and I will tell you Jen McCabe is not going to be short - Higgins and Proctor are the big ones. Other than that --
JUDGE CANNONE: I assumed.
MR. JACKSON: I think the Court may not be able to tell, I'm pretty peppy on my crosses comparatively speaking, so when --
JUDGE CANNONE: As long as you leave the commentary out, it'll go much better.
MR. JACKSON: Fair enough.
JUDGE CANNONE: I am going to stop you on that.
MR. JACKSON: Fair enough. I've curtailed it.
JUDGE CANNONE: A bit.
MR. JACKSON: I've curtailed it. But when it comes to Good Sam -- the Good Samaritan witnesses, when it comes to experts like the medical experts, the coroner's office, et cetera, those aren't going to be long crosses. I don't know how long their directs are going to be, but I may make four points each and be done.
JUDGE CANNONE: The experts are generally easier to predict.
MR. JACKSON: Right.
MR. LALLY: One thing I can suggest, and I'll just put it out there for counsel, I think personally from Good Samaritan I get away with just Dr. Rice who's the attending. He deals with both Mr. O'Keefe and the defendant. Very limited with the defendant I would say though. And then I have Dr. Fowler who is the director of the lab. I think I can get everything I need in regard to the blood from him.
JUDGE CANNONE: It's not particularly difficult for Mr. Lally to lay that foundation.
MR. JACKSON: No, I get it. I understand.
JUDGE CANNONE: No, but in deference to your objection earlier, I did not let him put it into his opening.
MR. JACKSON: Understood.
JUDGE CANNONE: But it's fairly pedestrian.
MR. JACKSON: Understood.
MR. LALLY: So I'm thinking as far as the RN and the PA, I don't think they have any sort of direct involvement with that. It would just be a phlebotomist, but I think everything that I can get from -- Dr. Fowler is also the director of the lab, so I think I can cut those two out, and I'm looking to see what else we can as we go along to try to move this along a little bit.
JUDGE CANNONE: Okay. I'd like advance notice of when -- if you're calling Trooper Proctor when that might be there are evidentiary issues that I'm concerned with. You don't have to tell me now, so. Yeah, if you can consciously make an effort to cut out. People know what the house looks like. They know the number of doors. They know the layout of the kitchen, the same with the baths. So jurors are much more interested in the testimony when it's new to them.
MR. LALLY: Of course.
JUDGE CANNONE: All right. Thank you, all. We'll see you Tuesday.
MR. JACKSON: Thank you, Your Honor.
(Court in recess.)