Commonwealth v. Read — Trial ArchiveMatthew McCabe — Direct (Part 2)
226 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: May we have Mr. McCabe, please.
COURT CLERK: I’m going to have you raise your hand one more time. MATTHEW MCCABE-SWORN
JUDGE CANNONE: Mr. Lally, whenever you’re ready.
MR. LALLY: Thank you’re your Honor. RESUMED DIRECT EXAMINATION
BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. MCCABE: Good morning.
MR. LALLY: When we left off yesterday you had gone to bed on the 28th, correct?
MR. MCCABE: Yes, that is correct.
MR. LALLY: And at some point you woke up later in the morning on the 29th, correct?
MR. MCCABE: Yes, on Saturday morning.
MR. LALLY: Do you recall, sir, what awoke you on that morning?
MR. MCCABE: Yes, I do.
MR. LALLY: And what was that, sir?
MR. MCCABE: I awoke to the screaming of, "Jen, Jen, Jen, Jen," so when I woke up I thought there was somebody in my bedroom, and I kind of snapped up out of bed, what the hell’s going on, looking around the room, realized my wife was actually on the phone.
MR. LALLY: And the screaming that you heard, how loud was that, sir?
MR. MCCABE: It was loud enough to wake me up from a dead sleep. I could hear it. It was loud. Obviously, I was laying in bed and realizing after my wife was laying right next to me on the phone but it was a loud, Jen, Jen, Jen. It was repetitive.
MR. LALLY: And do you know approximately what time that was, sir?
MR. MCCABE: Yes, shortly before 5:00 a.m.
MR. LALLY: Did you recognize the voice, sir, that you heard screaming?
MR. MCCABE: I did not recognize the voice.
MR. LALLY: And as far as that phone conversation went on for -- well, let me ask you this first. As far as that phone conversation was concerned, could you hear both sides of that conversation?
MR. MCCABE: Yes, I could.
MR. LALLY: And that was based on the volume of the person speaking on the other end, correct?
MR. MCCABE: Correct.
MR. LALLY: And eventually, were you able to recognize or identify the voice on the other end of your wife’s conversation?
MR. MCCABE: Yes, I asked my wife, "What the hell is going," after I woke up and popped up, looking around the room to find out who was in my bedroom, assuming it was one of my kids screaming, I asked my wife, "What is going on," and I could hear her saying, "I’m on the phone with Karen. She can’t find John."
MR. LALLY: And from the course of that conversation continued to while you were in your bedroom; is that correct?
MR. MCCABE: Yes, that conversation continued for a couple minutes. I could hear the dialogue and then again right back to Jen, Jen, Jen, the repeating of my wife’s name again.
MR. LALLY: And as far as the dialogue was concerned, specifically from the defendant Ms. Read’s perspective, what, if anything, do you recall about that?
MR. MCCABE: She didn’t know where John was and the last time she saw him was at the Waterfall.
MR. LALLY: About how long did that initial phone call or that initial conversation between your wife and the defendant go on for?
MR. MCCABE: From when I woke up, a minute-and-a-half, two minutes. I don’t know the exact time give or take.
MR. LALLY: And after -- do you recall how that conversation ended, did you wife hang up or -–
MR. MCCABE: Yes, they hung up the phone. I was laying in the bed. My wife was next to me, and I think my wife immediately called somebody else, was calling friends that lived near the Waterfall that happened to be out that evening, and she started making those phone calls.
MR. LALLY: And as your wife was making those phone calls what, if anything, did you say to her?
MR. YANNETTI: Objection.
JUDGE CANNONE: What, if anything, did he say to her?
MR. LALLY: Yes.
JUDGE CANNONE: No, I’m not going let you testify to that. Next question.
MR. LALLY: With respect to the defendant’s statement the last time she saw Mr. O’Keefe was at the Waterfall, what, if anything, occurred to you in reference to that?
MR. MCCABE: In reference to her saying she last saw him at the Waterfall, I then told my wife -–
MR. YANNETTI: Objection. A -- what are you talking about?
JUDGE CANNONE: Not what you said, sir, but I believe Mr. Lally asked you what you thought, or what you gathered from that. A I thought she was crazy.
MR. LALLY: And why was that?
MR. MCCABE: Because I saw her vehicle, I saw the black SUV arrive to 34 Fairview that morning.
MR. LALLY: And you had overheard the conversation from Mr. O’Keefe to your wife the night previous, correct?
MR. MCCABE: That’s correct.
MR. LALLY: And so what happened next?
MR. MCCABE: I told my wife, what are you talking about, and she was --
MR. YANNETTI: Objection.
JUDGE CANNONE: Not what you said to your wife.
MR. MCCABE: All right, sorry.
JUDGE CANNONE: It’s hard. Ask the question, Mr. Lally, so that he can answer.
MR. LALLY: Sure.
MR. LALLY: So your wife made some phone calls in your presence, correct?
MR. MCCABE: Yes, she did.
MR. LALLY: And following those phone conversations, what if any other conversations did she have with the defendant that morning?
MR. MCCABE: There were multiple calls. I don’t recall what calls were made what time, but the next call, we were informing the defendant that, wait, we saw your car, we saw you come to 34 Fairview. You guys were there, and I heard the response of, I don’t remember. I don’t remember going there.
MR. LALLY: And what if any other conversation do you recall in those subsequent phone conversations that you overheard from the defendant?
MR. MCCABE: At some moment, as I said, my wife had made a couple of phone calls, and one of the calls with Karen Read she blurted that she broke her taillight, cracked her taillight, something to that effect, while we were -- while Jen and I were still in the bedroom, and she was on the phone.
MR. LALLY: As your wife and you were in the bedroom and your wife was on the phone, what, if anything, were the two of you doing?
MR. MCCABE: After my wife had made a few calls, we were completely confused on where the hell John was. The thought process in our head at that moment was we knew that John had mentioned that he was potentially going to be meeting up with another person, so we called that individual, my wife called that individual, to see if by chance again, confused, left at the Waterfall. We saw them at the house. Did John not go with her? What happened? Did he get out of the car? Did he go somewhere else? So we proceeded to call a couple other people that we thought he possibly might have met up with or another individual.
MR. LALLY: Now, from those other phone calls that you observed your wife making at any point in time, other than a conversation with the defendant, did you observe her to have any conversation with anybody?
MR. MCCABE: You’re asking if my wife did?
MR. LALLY: What I’m asking is, not to any content or anything like that, but your wife made phone calls, correct?
MR. MCCABE: That is correct.
MR. LALLY: And when she made those phone calls, did you observe her conversing with anybody on the phone?
MR. MCCABE: No, she did not speak to anybody. Nobody answered any of our calls.
MR. LALLY: And at some point, did you, yourself, reach out to Mr. O’Keefe?
MR. MCCABE: Yes, I did.
MR. LALLY: And how did you do that?
MR. MCCABE: I know I texted him, and I think I called him, as well, pretty much, where the hell are you. I think it was when Karen Read and my wife were left the -- were leaving my house. I think I responded, "Where the hell are you? Now, Karen and Jen are out looking for you."
MR. LALLY: And in regard to those text messages, did you receive any response from Mr. O’Keefe?
MR. MCCABE: I did not.
MR. LALLY: And with regard to those -- you had with Mr. O’Keefe programmed into your phone; is that correct?
MR. MCCABE: Yes, I did.
MR. LALLY: And you would have prior conversations with him via text message and phone using that number that you had programmed into your phone?
MR. MCCABE: Yes.
MR. LALLY: So no response to the text. As far as the phone call that you placed Mr. O’Keefe, did he answer, did you speak with him at all?
MR. MCCABE: I did not speak to Mr. O’Keefe.
MR. LALLY: Now, at some point do you and your wife proceed downstairs?
MR. MCCABE: My wife proceeded downstairs. I remained in the bedroom.
MR. LALLY: And what is the next thing that you remember occurring that morning?
MR. MCCABE: Well, I was getting dressed. I put my jeans on. My wife went downstairs. She was going to make a coffee. My wife and I were proceeding to leave -- we were going to leave our house and make a drive to the house of the gentleman that my wife was calling that we possibly thought John could have met up with, and within that moment, again, I don’t know the exact time, I then heard yelling out in my front yard.
MR. LALLY: And when you heard the yelling in your front yard, where did you go?
MR. MCCABE: I realized it was Karen Read, and I told my wife to please tell her to shut-up. She’s going to wake up the whole neighborhood.
MR. LALLY: And where is this -- or when is this in relation to that first phone call when you sort of shoot up out of bed?
MR. MCCABE: At least a half hour, give or take. Again, I don’t know the exact time.
MR. LALLY: Now, at any point after you hear the yelling out front, you hear the defendant yelling out front, what was she yelling, at that point?
MR. MCCABE: She again repeated, "Jen, Jen." She, for some reason, kept repeating my wife’s name. I don’t know if she got all the way to my doorway or if my wife walked out, but my wife had said -- I was actually relived because I was, like, again, not thinking what happened to John happened to John. I was thinking he was on somebody’s couch. So I was like, good, I’m not going to go look for him thinking that was my wife was going to go -- my wife said she was going to go with Karen to go find John.
MR. LALLY: And at any point in time that morning when the defendant arrived at your house, did you actually go outside or look outside?
MR. MCCABE: I did not go outside. I did look out the blinds of my bedroom window which is the closest to the driveway.
MR. LALLY: What, if anything, did you see when you looked out the blinds?
MR. MCCABE: I saw Karen’s car in my driveway.
MR. LALLY: Did you see the defendant, Ms. Read, anywhere outside, as well?
MR. MCCABE: I don’t recall physically seeing her. I saw the vehicle. I don’t recall seeing her directly thinking any physical contact as far as seeing her.
MR. LALLY: Now, what, if any, concerns did you have in reference to your wife going out with Ms. Read at that particular time?
MR. MCCABE: I had mentioned to my wife before she was leaving the house --
MR. YANNETTI: Objection. A -- that the --
JUDGE CANNONE: I’ll allow this. What were your concerns?
MR. MCCABE: My concerns were she was going to be driving with Ms. Read in their vehicle -- in Ms. Read’s vehicle, and my concerns were that she had a broken taillight. What I thought by a broken taillight, was that her taillight was out, meaning there was no light, and I didn’t think it was a bright idea to be driving around with no physical light on the taillight.
MR. LALLY: Particularly given the weather; is that fair to say?
MR. MCCABE: Because of the weather, correct.
MR. LALLY: And so your wife then leaves with Ms. Read; is that correct?
MR. MCCABE: That is correct.
MR. LALLY: Do you know -- did you happen to see, like, who got in where as far as the car? Who was driving when they left?
MR. MCCABE: I did not see that, no.
MR. LALLY: Now, was that within the same timeframe that you were describing before about a half hour after you hear the initial call?
MR. MCCABE: Yes, from when -- from Ms. Read arriving at my house was, yes, half hour or so after the initial call, and it wasn’t long after before they proceeded to go -- to leave.
MR. LALLY: Now, at this time that you’re looking out from the blinds and you see the defendant’s car and the defendant outside, was it light out, was it dark, out, what are we talking about?
MR. MCCABE: It was dark out.
MR. LALLY: And so they leave, and you’re home with the four children, correct?
MR. MCCABE: That is correct.
MR. LALLY: And when was the next time that you spoke to your wife?
MR. MCCABE: The next time I spoke to my wife was an hour later. I received a phone call from her. I don’t know the exact time, but I want to say about an hour, an hour or so.
MR. LALLY: And without reference to much of the content of that, all I’m really asking you for is what, if any, indication did she give you as to where she was?
MR. MCCABE: She indicated they found John and -- at Fairview.
MR. LALLY: Upon receiving that information, where did you go?
MR. MCCABE: I proceeded to finish getting dressed and drove over to Fairview.
MR. LALLY: And when you got to Fairview, what, if anything, did you see when you arrived there?
MR. MCCABE: When I got to Fairview, I had come down through the Chapman Street entrance, and as I proceeded down the hill towards the Albert residence, I noticed all the first responders, fire engines, et cetera, police cars, and I realized I was not going to be able to get to the Albert residence because it was all blocking the street. So I backtracked, turned around, went back up Fairview to the top of to Chapman, took a left and took a left down Spring Lane, which is a parallel street Fairview and came down Spring Lane to Cedarcrest onto Fairview so I could get to the Albert household.
MR. LALLY: Now, during your drive from your home over to Fairview and doing all that sort of turning around and coming back around the other way through Cedarcrest, what were the roads like?
MR. MCCABE: It was snowing; careful driving.
MR. LALLY: And The snowing that you observed that morning when you drove from your house to Fairview, what was that like in relation to the snowing that you observed when you were driving home from Fairview hours before?
MR. MCCABE: Much, much thicker snow. Much more snow on the ground, much more snow to wipe off my car. And again, I had to drive slow.
MR. LALLY: Now, when you come around to sort of the other side as far as the first responders, you mentioned police cruisers and a fire truck; is that right?
MR. MCCABE: Yeah. There might have been an ambulance there, as well, but, yes.
MR. LALLY: Do you recall specifically seeing an ambulance?
MR. MCCABE: I do recall seeing an ambulance. I don’t know if I saw it when I came down, or if I saw it when I eventually parked the car, but I do recall seeing an ambulance.
MR. LALLY: And when you parked the car where did you go?
MR. MCCABE: I proceeded onto Fairview and I parked the car along the side of the road because there was another vehicle in front of me. I believe the other vehicle might have been blocking the driveway but there was another vehicle right on the side of the road, as well.
MR. LALLY: Now, in addition to the other vehicles as far as cruisers, fire truck or whatever from the first responders what if any other vehicles or who, if anyone else, did you see outside of the house?
MR. MCCABE: It ended up being Kerry Roberts’ vehicle was parked as I was at the driveway, a Ford Explorer, I think it was.
MR. LALLY: And again, without any reference to the content of the conversation did you have any conversation with Ms. Roberts at that time?
MR. MCCABE: Yes, I did.
MR. LALLY: Did you know Ms. Roberts at that time?
MR. MCCABE: I knew who she was. I didn’t really have a relationship with her, but I knew who she was.
MR. LALLY: And how did you know who she was?
MR. MCCABE: Friends through the town. She did live in the Ponkapoag neighborhood, though I believe she moved in and we moved out shortly after. I don’t know the actual time period. Her kids were a couple years younger. One was one year younger than my child, so I knew who her child was through being a grade beneath my youngest child through soccer.
MR. LALLY: And just to be clear, when you talk about the Ponkapoag neighborhood, that’s where you used to live on Sutcliffe and where Mr. O’Keefe used to live in the house that was the (c) ’s house?
MR. MCCABE: Yes, that’s correct.
MR. LALLY: So then after the conversation with Ms. Roberts, how long was that conversation?
MR. MCCABE: Well, that was a brief conversation. She informed me that she had to -- she was going to pick up -- well, sorry. She informed me Karen was going -- she was dropping Karen off back at the house. She was going to the hospital, and she was going to pick up John’s parents in Braintree. I told her I would come with her to pick up the parents. Like I said, the road conditions were pretty bad, and, you know, just for safety reasons, I thought I would go with her, help her go pick up the parents. She informed me that Jen was in the house. Jen is waiting to be interviewed by the police.
MR. LALLY: And so where did you go from there?
MR. MCCABE: I then proceeded to the front door of 34 Fairview.
MR. LALLY: And when you got inside who, if anyone, was inside when you got there?
MR. MCCABE: When I got to the front door, it was my wife, Brian Albert, Nicole Albert, and Officer Lank.
MR. LALLY: And when you came in can you describe, starting with your wife, Jennifer McCabe, can you describe her demeanor when you first came into the house?
MR. MCCABE: Shocked. Just her face was drawn, just kind of in awe. All three of them were just looking like, you know, with a drawn face of I'm walking in going, what the hell is going on?
MR. LALLY: And just to be clear, by all three of them you mean your wife, Brian Albert, Nicole Albert?
MR. MCCABE: Correct.
MR. LALLY: And just turning back briefly to the phone conversation that you had from your wife which led you to come over to Fairview in the first place, how would you describe her demeanor on that phone call as well?
MR. MCCABE: Matt, we found John at Fairview. It was a quick conversation. I didn’t get any details.
MR. LALLY: Now, at some point while you were at the house, did you speak to, you mentioned Officer Lank was there; is that correct?
MR. MCCABE: That’s correct.
MR. LALLY: Do you recall if there were any other officers in the house at that time or at any later time?
MR. MCCABE: At that moment, it was just Officer Lank at that moment. Other officers came in the house a little later, but at that moment, it was just Officer Lank.
MR. LALLY: And at some point while you were at the house, did you have any conversation -- or what, if any, conversation did you have with Officer Lank or any other officer?
MR. MCCABE: Yes. Officer Lank asked me to step outside, and we spoke briefly. He asked me about -- if I knew what happened to John. Obviously, I told him, no, I have no idea. I’m just finding out right now. He asked me when I last saw John. I told him I saw him at the Waterfall. We saw him at the bar. We haven’t seen him. I believe again in the heat of the moment, I believe I said we saw a vehicle out front, but we never saw John.
MR. LALLY: Now, at the house on Fairview, about how long were you there that morning?
MR. MCCABE: I’m going to say at least four hours.
MR. LALLY: From the time that you got there?
MR. MCCABE: From the time I got there, yes.
MR. LALLY: And where did you go from there?
MR. MCCABE: When I left Fairview?
MR. LALLY: Yes.
MR. MCCABE: I went back to my house -- Jen and I’s house.
MR. LALLY: Your children were still there; is that correct?
MR. MCCABE: My children were all there, correct.
MR. LALLY: And at some point after you arrived home, who, if anyone else as far as police officers or anybody like that, came to your home that day?
MR. MCCABE: Two Mass. State Police officers came to my house.
MR. LALLY: And did you speak with those officers?
MR. MCCABE: Yes, I did.
MR. LALLY: Troopers from the state police, correct?
MR. MCCABE: Yes, that’s correct.
MR. LALLY: And as far as the troopers that you spoke to do you recall what their names were?
MR. MCCABE: Yes, Trooper Michael Proctor, and Trooper Yuriy Bukhenik, if I said it right.
MR. LALLY: Closer than you think. Now, on that date of January 29, 2022, had you met either Trooper Proctor or Trooper Bukhenik before?
MR. MCCABE: I had never met them.
MR. LALLY: And where did they speak with you in the house?
MR. MCCABE: Well, they first came in the house and informed me they were going to interview my wife and asked me to leave the room. I went up to my bedroom.
MR. LALLY: And at some point, did they interview you, as well?
MR. MCCABE: Yes, they did.
MR. LALLY: And where was your wife when they interviewed you?
MR. MCCABE: I think she wasn’t in the room with me. I think she went upstairs. As I said, my kids were home. I don’t know if she went in the kids’ bedrooms to kind of wake them up.
MR. LALLY: She wasn’t in the room when they interviewed you, correct?
MR. MCCABE: No, she was not.
MR. LALLY: And the troopers came over to your house and your brother-in-law, Brian Albert, did he come over at any point in time around this?
MR. MCCABE: Yes, he did.
MR. LALLY: And if you know, did he speak with those troopers, as well?
MR. MCCABE: Yes, he did.
MR. LALLY: Where were you and your wife when the two troopers were speaking to Mr. Albert?
MR. MCCABE: I was still upstairs in the bedroom.
MR. LALLY: And your wife, where was she?
MR. MCCABE: She might have come up to see me, but I think she might have went into the girls’ bedroom. I don’t recall if she was standing in the same room. I think she might have gone into my daughter’s bedroom. Again, my kids were starting to -- I don’t know the exact time, twelve o’clock give or take, time to wake up.
MR. LALLY: Fair to say, so when the troopers, when they were speaking to Brian Albert, Sr., they were in the downstairs area of the home?
MR. MCCABE: Yes, they were.
MR. LALLY: And both you and your wife were upstairs?
MR. MCCABE: Yes, that's my recollection.
MR. LALLY: Now, turning your attention to a couple of days later, did you speak with any other troopers from the state police?
MR. MCCABE: I did. I only remember the first name of one of them. It was a man and a woman. I just remember Connor. Connor something. I don’t know their names.
MR. LALLY: And where did that conversation occur?
MR. MCCABE: I was in my first floor dining room table.
MR. LALLY: And do you know if those same two troopers that came on subsequent dates spoke with your wife, as well?
MR. MCCABE: Yes, they did.
MR. LALLY: And so the same arrangement as far as where you were and where she was at the time that you spoke with those two troopers?
MR. MCCABE: Yes, that’s correct.
MR. LALLY: May I have one moment, Your Honor?
JUDGE CANNONE: Sure.
MR. LALLY: Just briefly, sir, describing your wife’s demeanor you described it has sort of being in shock; is that correct?
MR. MCCABE: Yes, that’s correct.
MR. LALLY: Have you seen your wife display that kind of demeanor before or have you seen your wife in sort of crisis mode over the course of your relationship and your marriage?
MR. MCCABE: I’ve seen her in crisis mode, I’d call it crisis mode, as well, in the past.
MR. LALLY: And sort of typically, how would you describe how she handles situations like that or what her demeanor is in those types of situations?
MR. MCCABE: She is very calm, very calm.
MR. LALLY: And just so it’s clear for the jury, so when you’re talking about sort of prior incidents in regard to sort of crisis mode, what types of scenarios or what types of incidents are we talking about?
MR. YANNETTI: Objection.
JUDGE CANNONE: No, I’ll allow it.
MR. MCCABE: Previous death, deaths of my parents, my brother. She is the one that can get in the room, sit, relax, hold their hand, make them feel comfortable. She’s much more -- I can't do that. She’s much more -- so she’s done that with my family, and she’s also done that with our neighbor.
MR. LALLY: I have nothing further. Thank you, sir.
JUDGE CANNONE: All right, Mr. Yannetti?
MR. YANNETTI: Thank you, Your Honor.