Day 16 - May 22, 2024

Defense counsel continued cross-examining Jennifer McCabe about what she told Sergeant Lank, her contacts with Michael Proctor, and phone-call records. After Exhibit 99, a Cellebrite extraction from McCabe's phone, was published, counsel questioned her about Google searches concerning dying in the cold. McCabe acknowledged searches she said she made in the morning at Karen's request, but denied making or deleting a search at 2:27 a.m.

McCabe said her looks outside from 34 Fairview were brief and in a dark area; she did not see anyone outside the vehicle and could not see inside it. She maintained that the hypothermia search was made after 6:00 a.m. at Ms. Read's request through an already-open Safari tab, not at 2:27 a.m. McCabe also repeated statements she said Ms. Read made that morning, including "I hit him," and identified a phone-consent form that was marked as Exhibit No. 100. After a sidebar, the judge permitted questioning about McCabe's 2023 testimony subject to later striking it if the foundation did not support its use.

Defense counsel recross-examined Jennifer McCabe about when she first attributed “I hit him” to Karen Read under oath, her deletion of conversations with her daughters, and the context of group texts concerning Kerry Roberts. McCabe said she deleted conversations with her four daughters when Ally was not a witness, explained that “I love it” responded to her husband’s comment about Roberts, and confirmed that she would not have stopped if Read had not jumped out of the car. The judge sustained several objections and directed counsel to keep questions to questions rather than comments.

Defense counsel renewed an objection to advance disclosure of impeachment material and raised concerns about an alleged undisclosed meeting involving Jennifer McCabe and Lieutenant Tully. The judge noted the objections and stated that Tully could be cross-examined. The court denied the defense request to exclude anticipated Aruba-trip testimony, ruling that it could be admitted with limiting instructions concerning the relationship, state of mind, and potential motive, while allowing question-by-question objections. The defense also preserved its objection to anticipated statements by John O'Keefe, seeking foundation that Karen Read knew of them.

Kerry Roberts, a longtime friend of John O’Keefe, described receiving early-morning calls from Karen Read, joining Read and Jen McCabe in a search, and observing damage to Read’s vehicle. Roberts testified that the group searched O’Keefe’s home before driving to Fairview Road, where Read said she saw him and ran toward a snow-covered body. Roberts described clearing snow from O’Keefe’s face, performing chest compressions, and later going to the hospital. The direct examination also used photographs and videos to orient the jury to the homes, vehicles, route, and scene.

Defense counsel declined to question Roberts, and the court concluded her testimony.

Laura Sullivan described her longstanding friendship with John O’Keefe, including his support after Pat Rogers’s death and his role as her son’s godfather. She recounted the Aruba trip, including interactions involving Karen Read and Sullivan’s sister, Marietta, as well as statements she attributed to O’Keefe and Read. The court excluded proposed testimony about Read’s drink orders at that point, gave limiting instructions on certain alleged conduct and O’Keefe’s statements, and sustained or struck portions of the testimony.

Sullivan confirmed that she was not present at the Waterfall Bar & Grille on January 28, 2022, or at 34 Fairview Road the next day. She also confirmed that Michael Proctor interviewed her at her Pembroke home on February 8, 2022.

Sullivan testified that Trooper Fanning accompanied Trooper Proctor when he came to her house, then her testimony concluded.

The court declined to grant a standing objection to relationship-background testimony, directing the defense to object question by question. It said it would give the same bad-acts instruction for Ms. Sullivan's testimony. The parties then discussed the anticipated timing of Mr. Higgins's testimony, and the court approved defense counsel's absence on Tuesday if Higgins or Michael Proctor was not testifying.

Marietta Sullivan described her close family-like relationship with John O’Keefe and a 2021-2022 Aruba trip. She testified that she saw O’Keefe enter a hotel lobby appearing unsteady, then heard and participated in a verbal confrontation involving Ms. Read. The court instructed jurors that alleged prior conduct and statements by O’Keefe could be considered only for limited purposes concerning state of mind, motive or intent, and the relationship. Sullivan later denied that she had been making out with O’Keefe.

Defense counsel confirmed that Marietta Sullivan was not present at the Waterfall Bar & Grille on January 28, 2022, or at 34 Fairview Road on January 29. Sullivan also confirmed that Trooper Proctor interviewed her in Pembroke on February 8.

Sullivan clarified that Trooper Proctor and another trooper spoke to her sister before interviewing her during their February 8 visit to her Pembroke home. She testified that the interviews occurred separately and that she could not hear the conversation with her sister from her basement room. The court then excused the jury for the day and scheduled continued testimony for Friday.