Commonwealth v. Read — Trial ArchiveMatthew McCabe - Redirect/Recross
81 linesJUDGE CANNONE: Here, all right. Commonwealth, any redirect?
MR. LALLY: Just briefly, your honor.
MR. LALLY: Mr. O'Keefe never went in the house that night — is that correct?
MR. MCCABE: That's correct.
MR. LALLY: And from this text communication, as far as Chris Albert was concerned, was Chris Albert ever at the house on that night?
MR. MCCABE: No, he was not.
MR. LALLY: And this is something that you — this death of John O'Keefe, occurring how it did, where it did, and why it did — that was something — can you keep your voice up?
MR. MCCABE: Yes, I'm sorry.
MR. LALLY: This tragic occurrence — as far as what happened to John O'Keefe, his death, where, why, how — that was something that you discussed within your family, is that —
MR. MCCABE: Right, yes, that's correct.
JUDGE CANNONE: I didn't hear that.
MR. LALLY: Why was it a discussion? You're talking about the —
MR. MCCABE: Immediately after — no one knew what happened. John never showed — never came in the house. So we had no idea what happened to John.
MR. LALLY: And John was someone you were a friend with, correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: Now, did you ever tell anybody what to say at any point in time to the state police, to any investigator whatsoever?
MR. MCCABE: No.
MR. LALLY: Did anyone in your family or in your presence ever tell anyone that in front of you?
MR. MCCABE: No.
MR. LALLY: Now, you were asked some questions about when you were looking out and you saw the SUV, correct?
MR. MCCABE: Yes.
MR. LALLY: And your focus, as you indicated in your testimony, was on the SUV, correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: Now, during the time that you were looking out, did you ever see a pickup truck outside?
MR. MCCABE: I knew the pickup truck was out there, but again I didn't look at the pickup — I kind of saw it, but was focusing on the SUV. And I saw a vehicle out there, let's say that.
MR. LALLY: My question is more so: as far as the tire marks that you were talking about in the road — was that before or after the pickup truck was in?
MR. MCCABE: It was after.
MR. LALLY: Now, you were asked some questions about directionality and things of that nature, as far as coming down Chapman or Cedarcrest, correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: So someone had driven by the house, missed the house, and then went on Cedarcrest, turned around — presumably then they would be taking a left or a right from Cedarcrest onto Fairview, is that right?
MR. MCCABE: Yes, if they passed the house they would have come to Cedarcrest and turned around and come back onto Fairview.
MR. LALLY: And you were asked some questions about — whether you saw Mr. O'Keefe from your vantage point in the SUV, is that correct?
MR. MCCABE: Yes, I was.
MR. LALLY: You didn't see him, correct?
MR. MCCABE: I did not see him.
MR. LALLY: Could you see anyone inside from where you were?
MR. MCCABE: I could not see anybody in the vehicle.
MR. LALLY: Do you see anything about the windows as far as their tint or anything like that?
MR. MCCABE: I don't recall the tint — I couldn't see inside, though.
MR. LALLY: As far as any statements that Miss Nagel made on the way home — is it your testimony that Miss Nagel didn't say those statements, or that you didn't hear those statements?
MR. MCCABE: I did not hear those statements.
MR. LALLY: Now, turning to February 1st — do you recall what you were doing on that day when you drove by Fairview?
MR. MCCABE: I don't recall what I was doing. I don't recall exactly what I did that day.
MR. LALLY: And were you going specifically by Fairview, or where were you — based off —
MR. MCCABE: Reading these text messages — I was doing something, picking up a car or something. It says — I don't — — recall where. And I cut down Fairview.
MR. LALLY: That was — as far as your statement in those text messages where you said "looks like more has been dug up" — you recall that?
MR. MCCABE: I don't recall it — I read it in the text message.
MR. LALLY: You recall what that was in regards to, as far as what were they digging?
MR. MCCABE: Oh — oh — sorry. I do recall. They dug out the snow. It looked like the snow banks — it looked like there was more snow dug out around the — the area around the scene.
MR. LALLY: And by "the scene" you mean around where the [unintelligible]?
MR. MCCABE: That was correct, yes.
MR. LALLY: Did you recall any sort of change in the weather between the 29th and February — — 1st?
MR. MCCABE: I believe the temperature rose — snow was starting to melt, if I recall.
MR. LALLY: When you and your wife — your wife was talking to Mr. O'Keefe and you were giving directions — there was some reference to Bella, correct?
MR. MCCABE: Yes, that's correct.
MR. LALLY: And that was sort of used as a directionality, as far as Mr. O'Keefe would be familiar with where Bella's house was?
MR. MCCABE: Yes, that's correct.
MR. LALLY: What, if any, relationship — in the past — were you aware of between Mr. O'Keefe and Bella and Bella's mother?
MR. MCCABE: I'm sorry. Um — at some point Bella's parents were separated — since divorced. Um, at some point [unintelligible] had a relationship with Bella's mother.
MR. LALLY: And after that conversation in — — which that was referenced, as far as Bella's house — did you ever hear from John O'Keefe again?
MR. MCCABE: Never heard from him again.
JUDGE CANNONE: Anything — just very briefly, okay.
MR. YANNETTI: You were just asked if you told anyone what to tell the state police or investigators, and your answer was no, correct?
MR. MCCABE: Yeah, I don't — I don't recall telling anyone to tell anybody anything.
MR. YANNETTI: So with regard to your statement "tell them the guy never went in the house" — who's the "them"?
MR. MCCABE: Do you mind if I go back and read?
MR. YANNETTI: Take your time.
MR. MCCABE: I think I know, I just want to read it. The "them" was Channel 4 — who went into D&E.
MR. YANNETTI: You done with your answer?
MR. MCCABE: Yeah. You just asked me who "them" was, and —
MR. YANNETTI: — the answer is: you were instructing people on the group chat to tell Channel 4 that the guy never went in the house, correct?
MR. MCCABE: Yes. This was on February 1. As I said, none of us in the house had any idea what happened to John O'Keefe — so I was saying we don't know what happened, he never came in the house. All right, so that was my statement.
MR. YANNETTI: Sir, I didn't ask you for any of that just now, did I?
MR. MCCABE: You just asked me why I said that.
MR. YANNETTI: I asked you who the "them" was.
MR. MCCABE: You — you looked like you asked me to elaborate.
MR. YANNETTI: Okay. So your answer to my question is: the "them" was — you were saying that Channel 4 should be told that the guy never went in the house, yes or no?
MR. MCCABE: Channel 4 was who I was referencing, yes.
MR. YANNETTI: No further.
JUDGE CANNONE: All right, you are all set, Mr. McCabe. I will take those documents. Thank you very much.
MR. MCCABE: You're welcome.