Day 16 - May 22, 2024

ADA Adam Lally conducts redirect examination of Jennifer McCabe. Lally elicited her testimony that her looks outside were brief and directed toward the SUV, that the relevant area lacked streetlights, and that she was not expecting to see O'Keefe. He also elicited that McCabe left Safari tabs open and reused an already-open tab for the 6 AM search; the prosecution used that browsing-habit testimony to address the disputed 2:27 AM Cellebrite entry, without establishing its forensic mechanism here. McCabe said she lacked knowledge of Cellebrite extractions, WAL files, and SQLite databases. She also described multiple statements she attributed to Read that morning, which Lally used to advance a prosecution inconsistency theory.

Defense attorney Alan Jackson conducts recross of Jennifer McCabe, revisiting three areas from redirect. He questions her about the absence of the words "I hit him" from three law-enforcement contacts and from twelve April 2022 testimony references to statements attributed to Karen Read; McCabe maintains that she told Sergeant Lank on January 29, 2022, and agrees that she first attributed the statement under oath in June 2023. Jackson also questions McCabe about deleted communications with her daughter Allie. McCabe testifies that she deleted conversations with all four daughters and that, at the time, she did not know Allie was a witness or had driven Colin Albert home. He then addresses the group text chain about Kerry Roberts's police interview: McCabe says "I love it" responded to Matt McCabe's "this girl could write a book" comment, while Jackson notes the chain contains no expression of horror and McCabe says that reaction had already been discussed by phone. 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.

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

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 O'Keefe's statement that he had apparently made out with Marietta, according to Karen Read. Sullivan later testifies that Read apologized and said she thought she saw something she did not. 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.'

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.

In this brief redirect, Laura Sullivan testified that Trooper Proctor was accompanied by another trooper when he came to her house, whom she identified as Trooper Fanning.

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.

Alan Jackson asked Marietta Sullivan whether she was at the Waterfall Bar & Grille on January 28, 2022, whether she was at 34 Fairview Road on January 29, 2022, and whether Trooper Proctor interviewed her in Pembroke on February 8, 2022. Sullivan answered that she was not at either location and that he did interview her.

In a brief redirect, ADA Lally elicited that Trooper Proctor was accompanied by another trooper during the February 8 visit to Pembroke, that the troopers spoke with Sullivan's sister first, and that Sullivan was downstairs in the basement and could not hear that conversation.