Trial 1 Trial Day
◀ Day 15 Trial 1 Day 17 ▶

Day 16 - May 22, 2024

Judge Beverly J. Cannone · Trial 1 · 12 proceedings · 2,318 utterances

Day 16 of 35
Appearing:

Alan Jackson completes his cross-examination of Jennifer McCabe with the 2:27 AM Google search confrontation, before Kerry Roberts and the Sullivan sisters testify about Karen Read's statements and behavior.

Full day summary

Day 16 opens with the conclusion of Jennifer McCabe's multi-day cross-examination, during which Alan Jackson presents the Cellebrite extraction showing a 'hos long to die in cold' search timestamped at 2:27 AM — two hours before O'Keefe's body was discovered — and confronts McCabe with a contemporaneous police report contradicting her trial testimony about Read's alleged 'I hit him' statement. Redirect and recross follow, with the prosecution offering a Safari tab artifact theory for the search timestamp and Jackson establishing the statement never appeared in any documentation until June 2023. Judge Cannone then issues a limiting instruction restricting the jury's use of harassment testimony before Kerry Roberts takes the stand, providing an emotional firsthand account of Read declaring 'John's dead' before his body was found, pointing out her own tail light damage, and repeatedly asking 'Did I hit him?' Laura Sullivan and Marietta Sullivan round out the day with testimony about Karen Read's jealous and volatile behavior during the Aruba trip over New Year's 2021-2022, and the defense uses both brief cross-examinations to highlight that Trooper Proctor traveled to Pembroke to interview witnesses with no direct knowledge of the night's events.

  • Jackson confronts McCabe with Cellebrite data showing a 'hos long to die in cold' search at 2:27 AM — hours before O'Keefe's body was found — and directly accuses her of knowing O'Keefe was dying on the lawn.
  • Jackson establishes on recross that across four law enforcement statements and twelve grand jury references, McCabe never attributed the words 'I hit him' to Read until June 2023, two months after public scrutiny of her Google search.
  • Kerry Roberts testifies that Read's first phone call declared 'John's dead' before his body had been discovered, and that Read herself pointed out her damaged tail light asking whether she had struck O'Keefe.
  • Judge Cannone issues a limiting instruction barring the jury from treating testimony about public harassment and a 'rolling rally' as evidence of Read's bad character or criminal propensity.
  • Marietta Sullivan describes Read screaming at her across a hotel lobby in Aruba after she hugged O'Keefe, establishing a pattern of jealous and volatile behavior toward women near him.
Alan Jackson
“Miss McCabe, you made that search at 2:27 a.m. because you knew that John O'Keefe was outside on your sister's lawn, dying in the cold, didn't you?”
The most dramatic moment of the day — Jackson's direct accusation that McCabe's 2:27 AM search proves foreknowledge of O'Keefe's death, encapsulating the defense's central theory of the case.
Alan Jackson
“And in not one of those instances — not one — is there a report that says you said she said "I hit him," correct?”
Jackson's crystallizing summation of the 'I hit him' impeachment — that across every prior statement and grand jury appearance, the phrase that anchors the prosecution's consciousness-of-guilt argument simply did not exist.
Kerry Roberts
“I answered the phone and she said, 'John's dead, Kerry, Kerry, Kerry,' and then she hung up.”
Kerry Roberts's account of Read declaring O'Keefe dead before his body was found is the prosecution's most direct consciousness-of-guilt moment outside McCabe's testimony.

Jennifer McCabe - Cross (Part 2)

Alan Jackson continues cross-examination of Jennifer McCabe, confronting her with the 2:27 AM 'hos long to die in cold' Google search from her phone's Cellebrite extraction and her contacts with lead investigator Trooper Proctor.

Cross
Jennifer McCabe Alan Jackson
442 utt.

Alan Jackson resumes cross-examination of Jennifer McCabe on Day 16, focusing on three areas. First, he confronts McCabe with Sergeant Lank's police report from January 29th, which records her as saying Karen Read stated 'I hope I didn't hit him' — not the 'I hit him' phrase McCabe testified to at trial. Second, Jackson establishes McCabe's extensive contact with lead investigator Trooper Proctor through phone records showing multiple calls in January, February, and March 2022, plus an in-person visit to the Proctor home in September 2023. Third, Jackson presents Cellebrite extraction data showing three instances of the Google search 'hos long to die in cold' on McCabe's phone — one timestamped at 2:27 AM (marked deleted) and two at 6:23-6:24 AM — arguing the 2:27 AM search was the original and the morning searches were attempts to overwrite it. McCabe denies making the 2:27 AM search and denies deleting it.

+1 procedural segment

Jennifer McCabe - Redirect/Recross

Jennifer McCabe concludes her testimony on Day 16 with redirect by ADA Lally, recross by defense attorney Jackson focusing on her evolving statements, and limiting jury instructions from Judge Cannone.

Redirect
Jennifer McCabe Adam Lally
380 utt.

ADA Adam Lally conducts redirect examination of Jennifer McCabe, systematically addressing points raised during cross-examination. Lally establishes that McCabe's glances out the storm door at 34 Fairview were brief and in dark conditions, making it unsurprising she did not see a body on the lawn. He walks McCabe through her Safari browsing habits to explain how the 2:27 AM Google search timestamp could be an artifact — she left tabs open and reused the same Safari session at 6 AM. McCabe testifies she has no knowledge of Cellebrite extractions, WAL files, or SQLite databases. Lally also elicits testimony about Karen Read's evolving statements that morning, McCabe's prior sworn testimony about Read saying 'I hit him,' and the sustained harassment McCabe and her family have endured from the public since the case began.

Recross
Jennifer McCabe Alan Jackson
106 utt.

Defense attorney Alan Jackson conducts recross of Jennifer McCabe, revisiting three areas from redirect. He reestablishes that across four separate statements to law enforcement and twelve instances of sworn grand jury testimony, McCabe never attributed the words "I hit him" to Karen Read until June 2023 — two months after public hearings about her Google search drew scrutiny. Jackson presses McCabe on deleting phone communications with her daughter Allie, who was a material witness who drove Colin Albert home that night. He then confronts McCabe with the group text chain where she wrote "she is telling them everything" about Kerry Roberts's police interview, challenging her claim that the statement horrified her by noting her written response was "I love it." The examination concludes with a tense exchange about whether Karen Read was actively searching for John O'Keefe during the early morning drive to 34 Fairview Road.

Procedural
Procedural - Motions
4 utt.

Judge Cannone instructs the jury after Jennifer McCabe's testimony and their morning break. She explains that McCabe's testimony about harassment, public demonstrations, and a 'rolling rally' was admitted for a limited purpose only — to explain McCabe's state of mind, conduct, and credibility. The judge explicitly states this testimony may not be considered as evidence of Karen Read's bad character or propensity to commit crime, and that there is no evidence before the jury that Read is responsible for the described conduct. ADA Lally then calls Kerry Roberts as the next witness.

Kerry Roberts - Direct

Kerry Roberts, a longtime friend of the victim, testified about receiving phone calls from Karen Read in the early morning of January 29, 2022, and discovering John O'Keefe's body. Cross-examination was waived.

Direct
Kerry Roberts Adam Lally
835 utt.

Kerry Roberts, a Canton resident and close friend of John O'Keefe since high school, testified about the events of January 28-29, 2022. She described receiving panicked phone calls from Karen Read starting at 5:00 a.m., in which Read first stated 'John's dead' then said she didn't remember anything from the previous night and had been drinking heavily. Roberts organized the search effort, driving to Jennifer McCabe's house and then to O'Keefe's home on Meadows before heading to 34 Fairview Road, where Read spotted O'Keefe's snow-covered body. Roberts performed CPR until paramedics arrived, observed blood from O'Keefe's nose, mouth, and the back of his head, and noted his swollen right eye. Throughout the morning, Read repeatedly asked 'Did I hit him?' and 'Is he dead?' Roberts also described observing damage to the passenger-side rear tail light of Read's Lexus, which Read herself pointed out, asking if Roberts thought she had hit O'Keefe.

Cross Waived
Kerry Roberts - Cross Waived Elizabeth Little
2 utt.

Cross-examination of Kerry Roberts was waived by the defense. No questions were posed.

Laura Sullivan - Direct/Cross/Redirect

Laura Sullivan, longtime friend of O'Keefe, testifies about their relationship and the Aruba trip. Cross and redirect focus narrowly on her absence from key crime locations and details of a police interview.

Direct
Laura Sullivan Adam Lally
289 utt.

Laura Sullivan describes her longstanding connection to John O'Keefe through his best friend Pat Rogers, the father of her son, who died by suicide in 2013. O'Keefe became her son's godfather and remained a constant presence in the family. Sullivan organized a large group trip to Aruba over New Year's 2021-2022, which O'Keefe and Read joined. Sullivan testifies about an incident on New Year's Eve involving her younger sister Marietta and a subsequent accusation by Read that O'Keefe had kissed Marietta. Sullivan describes O'Keefe as seeming unlike himself during the trip, and recounts his response when she asked if he was happy: 'It is what it is.' She also testifies about learning of O'Keefe's death on January 29, 2022, and her text exchange with Read, who wrote 'We found him in the snow at 5:00 a.m.'

Cross
Laura Sullivan David Yannetti
12 utt.

Yannetti's cross-examination of Laura Sullivan lasted under a minute and consisted of three pointed confirmations. Sullivan confirmed she was not present at the Waterfall Bar and Grill on January 28, 2022, nor at 34 Fairview Road on January 29, 2022 — the two key locations in the case. Yannetti then established that Trooper Michael Proctor traveled to Sullivan's home in Pembroke, Massachusetts on February 8, 2022 to interview her, emphasizing the distance with the phrase 'all the way in Pembroke.' The cross ended immediately after these three points.

Redirect
Laura Sullivan Adam Lally
6 utt.

This redirect lasted under a minute and addressed a single point raised during cross-examination. Yannetti had emphasized Proctor traveling 'all the way to Pembroke' to interview Sullivan, implying something notable about the visit. Lally's redirect established that Proctor was accompanied by Trooper Fanning, countering any suggestion that the visit was informal or unusual by showing a second trooper was present.

Marietta Sullivan - Direct/Cross/Redirect

Marietta Sullivan recounts a pre-trial vacation where Karen Read exhibited hostile behavior toward her. Cross and redirect debate the relevance and scope of Trooper Proctor's interview with Sullivan.

Direct
Marietta Sullivan Adam Lally
192 utt.

Marietta Sullivan, a family friend who considered John O'Keefe a brother figure and whose nephew's godfather he was, describes their family vacation to Aruba over New Year's 2021-2022. Sullivan testifies that on the evening of December 31st, she encountered an intoxicated O'Keefe stumbling through the hotel lobby alone. After hugging him and directing him toward his room, she heard his name screamed across the lobby. Karen Read shouted 'Who the f--- was that?' and then told Sullivan to 'go f--- yourself' upon their first meeting. Sullivan further testifies that Read appeared to have accused O'Keefe of kissing Sullivan, a claim Sullivan categorically denied given their sibling-like relationship. After the lobby incident, Sullivan had no further interaction with either O'Keefe or Read for the remainder of the trip, which she characterized as unusual for O'Keefe.

Cross
Marietta Sullivan Alan Jackson
9 utt.

In a nine-utterance cross-examination, Alan Jackson establishes three facts through leading questions: Sullivan was not at the Waterfall Bar & Grille on January 28, 2022, was not at 34 Fairview Road on January 29, 2022, and yet Trooper Proctor drove to Pembroke to interview her on February 8, 2022. The brevity and structure of the cross suggests Jackson's purpose was not to challenge Sullivan's testimony but to highlight the investigation's scope — specifically, that Proctor pursued an interview with a witness who had no connection to the events of the night in question.

Redirect
Marietta Sullivan Adam Lally
23 utt.

In a brief redirect, ADA Lally addresses the implication from Jackson's cross that Proctor made a solo trip to Pembroke solely to interview Sullivan. Lally establishes that Proctor was accompanied by a second trooper, that the troopers also spoke with Sullivan's sister before speaking with Sullivan, and that the two interviews were conducted separately — Sullivan was in the basement and could not hear her sister's conversation. The redirect reframes the Pembroke visit as a broader investigative stop involving multiple interviews rather than an unusual single-witness trip.

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