Matthew McCabe — Redirect/Recross
98 linesREDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Now, Mr. McCabe, John 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 was something that you obviously, the death of John O’Keefe occurring, how it did, where it did and why it did, that was something that you discussed with your family?
JUDGE CANNONE: Would you keep your voice up?
MR. LALLY: Yes, I’m sorry.
MR. LALLY: This tragedy, 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 right?
MR. MCCABE: Yes, that’s right.
MR. LALLY: Why, why was it a discussion in your family?
MR. MCCABE: Are you talking about immediately after?
MR. LALLY: Yes, immediately after.
MR. MCCABE: No one knew what happened because John never came in the house so we had no idea what happened to John.
MR. LALLY: And John was someone you were friends 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 pick-up truck outside?
MR. MCCABE: I knew the pick-up truck was out there but again, I didn’t look at the pick-up. I kind of saw it but was focusing on the SUV.
MR. LALLY: And –-
MR. MCCABE: 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 pick-up truck was there?
MR. MCCABE: It was after.
MR. LALLY: Now you were asked some questions about directionality and thing of that nature as far as coming down Chapman or Cedarcrest, correct?
MR. MCCABE: Yes, that’s correct.
MR. LALLY: And so if someone had driven by the house and missed the house and then went onto Cedarcrest, turned around, presumably then they would be taking a left or a right on 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 or not you saw Mr. O’Keefe from your vantage point in the SUV; is that correct?
MR. MCCABE: Yes, it was.
MR. LALLY: And 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 did not see anybody in the vehicle.
MR. LALLY: Did you see anything about the window 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 Ms. Nagel made on the way home, is it your testimony that Ms. Nagel didn’t say those statement 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 going?
MR. MCCABE: Based off of reading these text messages I was doing something, picking up a car or something it says. I don’t recall where, that I cut down Fairview.
MR. LALLY: Now, as far as your statement in those text messages where you said, looks like more has been dug up, do you recall that?
MR. MCCABE: I don’t recall if I read it in the text message.
MR. LALLY: Do you recall what that was in regard to as far as what were they digging?
MR. MCCABE: Sorry, I do recall. They dug out the snow. It looked like the snowbank. It looked like there was more snow dug out around the scene.
MR. LALLY: And by scene, you mean around like where the flagpole, fire hydrant, that was?
MR. MCCABE: Correct, yes.
MR. LALLY: And do you recall any sort of change in the weather between the 29th and February 1st?
MR. MCCABE: I believe the temperature rose, so it was starting to melt, if I recall.
MR. LALLY: Now, when you and your wife, your wife is talking to Mr. O’Keefe, and you were giving directions, there was some reference to (c) ’s house, 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 (c) ’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 (c) , and (c) ’s mother, I’m sorry?
MR. MCCABE: At some point (c) ’s parents were separated, divorced. At some point Mr. O’Keefe had a relationship with (c) ’s mother.
MR. LALLY: And after that conversation in which that was referenced as far as (c) ’s house, did you ever hear from John O’Keefe again?
MR. MCCABE: Never heard from him again.
MR. LALLY: Nothing further.
JUDGE CANNONE: Anything?
MR. YANNETTI: Just very briefly, Your Honor.
JUDGE CANNONE: Okay.
RECROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: You were just asked if you ever told anyone what to tell the state police or investigators and your answer was no, correct?
MR. MCCABE: Yes, I don’t recall telling anyone or anybody anything.
MR. YANNETTI: So with regard to your statement, tell them the guy never went in the house, who is 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 went into D&E.
MR. YANNETTI: Are you done with your answer?
MR. MCCABE: Yeah, you just asked me who the “them” was.
MR. YANNETTI: And 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 --
MR. YANNETTI: February 1st.
MR. MCCABE: -- 1st. As I said, none of us in the house had any idea what happened to John O’Keefe --
MR. YANNETTI: Okay –-
MR. MCCABE: -- so we instructed, I was saying, we don’t know what happened. He never came in the house.
MR. YANNETTI: All right, so -–
MR. MCCABE: That’s what my statement was.
MR. YANNETTI: Sir, I didn’t ask you for any of that just now, did I?
MR. MCCABE: You just asked me.
MR. YANNETTI: No, I asked you who the “them” was, did I not?
MR. LALLY: Objection.
MR. MCCABE: You didn’t. You looked like you asked me to elaborate.
MR. YANNETTI: Okay. So your answer to my question is, the them was your 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, yeah.
MR. YANNETTI: No further questions.
JUDGE CANNONE: All right, you are all set, Mr. McCabe. I will take those documents.
MR. MCCABE: Thank you very much. Just walk out?
JUDGE CANNONE: Yes.
MR. MCCABE: Okay.
(End of Mr. McCabe's testimony.)