Commonwealth v. Read — Trial ArchiveKerry Roberts — Direct
1,017 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.) KERRY ROBERTS, sworn
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, ma’am.
MS. ROBERTS: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jurors?
MS. ROBERTS: Kerry Roberts, R-o-b-e-r-t-s.
MR. LALLY: And where do you live, ma’am?
MS. ROBERTS: Canton, Mass.
MR. LALLY: And how long have you lived in Canton, Mass.?
MS. ROBERTS: Ten years.
MR. LALLY: And who, if anyone, do you live in Canton with?
MS. ROBERTS: My husband and my two children.
MR. LALLY: And your two children, how old are they and boy? Girl?
MS. ROBERTS: My son is twelve; my daughter is fourteen.
MR. LALLY: Do you work, ma’am?
MS. ROBERTS: I do.
MR. LALLY: What do you do?
MS. ROBERTS: I’m an executive assistant.
MR. LALLY: And how long have you been doing that?
MS. ROBERTS: Seventeen years.
MR. LALLY: And your husband, Curt, does he work, as well?
MS. ROBERTS: Yes.
MR. LALLY: And what does he do for work?
MS. ROBERTS: He’s a heavy equipment operator.
MR. LALLY: And how long has he been doing that?
MS. ROBERTS: Maybe twenty-two, twenty-plus-years.
MR. LALLY: Now, if I could turn your attention to the evening of January 28, 2022, into the morning of the 29th, do you recall those dates?
MS. ROBERTS: Yes.
MR. LALLY: Do you recall what days of the week they were?
MS. ROBERTS: Say it again?
MR. LALLY: Do you recall what days of the week they were?
MS. ROBERTS: Friday.
MR. LALLY: So when you say Friday -–
MS. ROBERTS: To –-
MR. LALLY: -- into a Saturday?
MS. ROBERTS: Saturday, the 20th.
MR. LALLY: Now, on the evening of the 28th do you recall what you were doing that evening?
MS. ROBERTS: I was bowling with my daughter and her friends and one of the mothers.
MR. LALLY: Do you recall where that was?
MS. ROBERTS: Westgate Lanes in Brockton.
MR. LALLY: About what time was it that you got home from that?
MS. ROBERTS: Probably about 8:30-ish because there was a storm coming so we wanted to be home. I didn’t want to be out late.
MR. LALLY: When you got home, that’s you and your daughter, is that correct?
MS. ROBERTS: Say that one more time?
MR. LALLY: You and your daughter came home around 8:30 or so?
MS. ROBERTS: Yes.
MR. LALLY: Who, if anyone else in your house was home when you got there?
MS. ROBERTS: I think my husband was home. He was going out. I think I passed him and he was heading out to his friend’s. My son was not home.
MR. LALLY: Who was the friend that he was going out to meet?
MS. ROBERTS: John O’Keefe and Michael Camerano.
MR. LALLY: Ms. Roberts, I’d like to start with just Mr. Camerano. How do you know him?
MS. ROBERTS: He’s been childhood friends with my husband.
MR. LALLY: Do you know where your husband was going to meet Mr. Camerano and Mr. O’Keefe?
MS. ROBERTS: At McCarthy’s. It’s a bar in Canton.
MR. LALLY: Sort of in the center of town, is that right?
MS. ROBERTS: Yes.
MR. LALLY: And Mr. O’Keefe, how do you know him?
MS. ROBERTS: I’ve known him since high school.
MR. LALLY: Where did you go to high school?
MS. ROBERTS: Braintree High School.
MR. LALLY: How is it that you came to know Mr. O’Keefe, how would you describe your relationship with Mr. O’Keefe?
MS. ROBERTS: He was one of my closest friends.
MR. LALLY: In addition to John O’Keefe, through growing up and going to Braintree High were you familiar with any other members of the O’Keefe family?
MS. ROBERTS: Yes, Kristen, his sister, was a senior when I was a freshman. John was a year older than me and Paul was two years younger than me. So at some point I was in school with all of them.
MR. LALLY: After high school at some point did you come to know any of the members of the O’Keefe family while you were living in Canton?
MS. ROBERTS: Yes, my son and John’s nephew went to an in home daycare together, so I went to go pick up my son at some point and Kristen was there and figured out that we lived in the same neighborhood that we were going to moving to and then Kristen got sick.
MR. LALLY: During that time, sort of when you first reconnected with Kirsten, about how old was your son and her son?
MS. ROBERTS: My son was eighteen months, (c) was, he’s almost a year older.
MR. LALLY: And your son and (c) , did they end up going to the same school in Canton?
MS. ROBERTS: Yes, they went to home day care, they went to preschool, PreK, and by the time they got to elementary school they got separated because they were troublemakers.
MR. LALLY: But did they go to the same school all throughout?
MS. ROBERTS: Yes.
MR. LALLY: What if any other activities did your son do along with Kristen’s son, (c) ?
MS. ROBERTS: Well, (c) wanted to try hockey so they did hockey together and then he didn’t like that and they played baseball together since they were in T-ball, like four or five.
MR. LALLY: Now, you mentioned that Kristen O’Keefe or Kristen (c) , at that point, at some point after you had met her she got sick, is that right?
MS. ROBERTS: Correct.
MR. LALLY: Eventually she passed away, is that right?
MS. ROBERTS: Correct.
MR. LALLY: After she passed away her husband also passed away?
MS. ROBERTS: Correct.
MR. LALLY: At some point after that what if any role did John O’Keefe have with reference to his niece and nephew?
MS. ROBERTS: Well, when Kristen passed away I was in touch with John just seeing if he needed help with the kids, getting them to and from wherever, because I was down the street. Kristen passed away. and then he said, I might move in, see if I can figure out the finances but I might move into your neighborhood, and I said, oh, okay. And then when Steve died, John did move in and he took over raising the kids.
MR. LALLY: And fair to say that you were, with reference to your son being friends with his nephew, (c) , you would see him fairly often, and by him I mean John O’Keefe?
MS. ROBERTS: Oh, yes.
MR. LALLY: At some point did John and his niece and nephew move from down the street to your house?
MS. ROBERTS: Yes, they moved across town. I live on Milton side. He moved over sort of near the Stoughton side.
MR. LALLY: About how far a drive is that sort of from your house to where he moved to, it was on Meadows Ave., correct?
MS. ROBERTS: Yes, well, it depends because Canton is terrible for traffic. Maybe seven minutes, maybe eight, depending, and if it’s the evening, it’s longer.
MR. LALLY: After Mr. O’Keefe and his niece and his nephew moved sort of across town where did his nephew (c) , where did he go to school after that?
MS. ROBERTS: He remained at the same school that he was at with my son, so on Wednesdays when John couldn’t grab him in time because he’d be working in the city, (c) would come home with me.
MR. LALLY: And you were familiar with what Mr. O’Keefe did for a living?
MS. ROBERTS: He was a Boston Police officer but at the time he was working in an office with registered sex offenders.
MR. LALLY: So you would help out as far as picking up his son, what if any assistance did you have with regard to his niece, , as well?
MS. ROBERTS: Say that one more time?
MR. LALLY: What if any assistance did you have with regard to Mr. O’Keefe and his schedule with regard to his niece, (c) , as well?
MS. ROBERTS: I didn’t take care of (c) as much. There were other women, Jen McCabe, one of them. She sort of really took hold of caring for (c) because her daughter was friends with (c) and I just went and got (c) , so if John –-
JUDGE CANNONE: Ma’am, keep your voice up. I’m really sorry. I didn’t mean to interrupt you.
MS. ROBERTS: Sorry.
JUDGE CANNONE: If you can keep your voice up, too, okay?
MR. LALLY: My apologies, your Honor.
MR. LALLY: And then through the years that you knew Mr. O’Keefe when he lived in Canton and your time being friends with him, what if any conversations would you have with Mr. O’Keefe in regard to any sort of relationships or dating or anything like that?
MS. ROBERTS: Well, he dated a lot of people.
MR. LALLY: But as far as your conversations, what if any sort of role would you have or what if any knowledge did you have in reference to the people that he dated?
MS. ROBERTS: My husband, whenever he would go on a date with somebody he would have my husband come meet them sort of say like, what do you think? I mean, he had a couple of girlfriends that were very nice.
MR. LALLY: Now, at some point did you become aware of a person by the name of Karen Read?
MS. ROBERTS: Yes.
MR. LALLY: When was it and how was it that you first came to know that person?
MS. ROBERTS: John called me and said Karen and I are going to stop by because we had people over, and I said, who is Karen, because I didn’t know if he was going to bring someone from high school and surprise me with a random, I had never heard of her. And he said, you know who Karen is, the girl I’m dating. I said nope, but okay. And then they came over that night.
MR. LALLY: Do you recall when, about, that was?
MS. ROBERTS: I think it was sometime in July.
MR. LALLY: July of what year, ma’am?
MS. ROBERTS: We’re in 2024, 2020.
MR. LALLY: Sometime shortly after sort of the Covid pandemic?
MS. ROBERTS: Yes.
MR. LALLY: How would you describe your relationship, if any, with Karen Read?
MS. ROBERTS: She was like another person that took care of the kids. She took care of (c) and (c) a lot so I would coordinate with her, (c) and (c) were going to go to the golfing range or if (c) was going to go with them to the Red Sox game, that kind of thing. We didn’t do lunch or hang out like girlfriends.
MR. LALLY: Were there any occasions where you had sort of socialization or go out as couples or anything like that with Mr. O’Keefe and Ms. Read?
MS. ROBERTS: No, they came over our house one time and then we’d do baseball tournaments down the Cape and we’d all get together. The four of us never went out.
MR. LALLY: And just for clarity purposes, did you see Ms. Read in the courtroom today?
MS. ROBERTS: Yup, I do.
MR. LALLY: Identify her as to where she’s seated or an article of clothing she’s wearing?
MS. ROBERTS: Say that again?
MR. LALLY: Could you identify as to where she’s seated or an article of clothing that she’s wearing?
MS. ROBERTS: She is seated at that front table and she has a black and white suit jacket.
MR. LALLY: Your Honor, I just ask the record reflect identification of the defendant by the witness?
JUDGE CANNONE: Yes.
MR. LALLY: Yes.
MR. LALLY: Now coming back to that evening of the 28th, your husband went out to meet Mr. Camerano and Mr. O’Keefe, correct?
MS. ROBERTS: Yes.
MR. LALLY: And do you know about what time it was that your husband, Curt, arrived home that night?
MS. ROBERTS: Maybe about 10:30.
MR. LALLY: And after he arrived home, what if anything specifically do you recall the two of you doing or anything before going off to bed?
MS. ROBERTS: I remember sitting on the couch and the front door was right there and it was open and it started to snow. It had just started to come down probably about midnight but it was coming down fast so you knew it was, little snowflakes usually mean a big snowstorm. I said it’s starting, so we went to bed because we knew we weren’t going out anywhere.
MR. LALLY: Turning your attention to the next morning, at some point you awoke. Do you recall what it was that awoke you that morning on the 29th?
MS. ROBERTS: Karen called me at five o’clock in the morning.
MR. LALLY: Is that sort of a normal occurrence as far as Ms. Read calling you and specifically calling you that early?
MS. ROBERTS: No.
MR. LALLY: And when you went to answer the phone, at some point did you look at sort of the like the screen to your phone?
MS. ROBERTS: I don’t know. I just --
MR. LALLY: Let me ask this in a different way. At some point did you realize or did you know whether or not that call, at some point you answered, correct?
MS. ROBERTS: Yes.
MR. LALLY: And the call that you answered, do you know whether or not that was the first call Ms. Read had placed to you that morning, or no?
MS. ROBERTS: It was the second call only from looking at my phone after, because I said, oh, shoot, she called me. She just called and I didn’t, she called twice.
MR. LALLY: And the phone call that you answered, about what time was that?
MS. ROBERTS: Five on the dot.
MR. LALLY: If you know from looking at your phone, the phone call that you didn’t wake up or didn’t answer, do you know how long before that that phone call was?
MS. ROBERTS: I think it was a minute or two before.
MR. LALLY: So at five o’clock on the dot you get a phone call, you answer it and it’s Ms. Read, is that right?
MS. ROBERTS: Correct.
MR. LALLY: That phone number you had her sort of programmed into your phone as a contact, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: On prior occasions had you called that number or gotten a call from that number on prior occasions?
MS. ROBERTS: Yes.
MR. LALLY: And when you got that call or made that call who was the other person on the end that you were speaking with?
MS. ROBERTS: Say that again?
MR. LALLY: Sure. It may be a pretty simple question as far as it goes, but just with reference to any prior phone calls that you or your daughter received with that number that you programmed in as Karen Read, when you spoke to someone by calling or receiving a call from that contact, who was on the other end of the call?
MS. ROBERTS: Karen Read.
MR. LALLY: Thank you. So you answered the phone and sometime right around 5:00 a.m. and can you describe to the jury sort of what the content of that conversation was?
MS. ROBERTS: I answered the phone and she said, John’s dead. Kerry, Kerry, Kerry, and then she hung up.
MR. LALLY: And as far as her end of the conversation, did you say anything or get a chance to say anything before she hung up?
MS. ROBERTS: No.
MR. LALLY: When she’s speaking to you and saying those words to you over the phone, how loudly is she saying those words?
MS. ROBERTS: Very loud. She woke my husband who was sleeping.
MR. LALLY: So at the time that the phone rings and you pick it up your husband is sleeping, correct?
MS. ROBERTS: Yes.
MR. LALLY: And then afterwards he’s awake?
MS. ROBERTS: Correct.
MR. LALLY: Now, what happened next?
MS. ROBERTS: Then I got out of bed and Curt said, what was that? I said, I don’t know; I don’t know; something’s happening. And I think I started getting dressed at that point because I don’t know if I started getting dressed at that point or after she called back again. I tried to call her I think a couple times back to be like, what is going on? Finally she called me back again and she said, I’m afraid John might be dead. He might have gotten hit by a plow. He did not come home last night. I was not supposed to stay in Canton last night and he would never leave (c) alone. I think something happened.
MR. LALLY: Do you recall earlier in the day of the 28th having any communication with either Mr. O’Keefe or Ms. Read?
MS. ROBERTS: I did with John. He texted me.
MR. LALLY: Do you recall generally what that was about?
MS. ROBERTS: My son got into a scuffle with some boy at school and (c) wasn’t in school at the time. I think he went to a doctor’s appointment but (c) got wind of it so John was calling to see if my son was okay.
MR. LALLY: Now, turning back to again, that morning on the 29th, you called Ms. Read a couple of times, she didn’t answer, is that correct?
MS. ROBERTS: Correct.
MR. LALLY: And then at some point she calls you back?
MS. ROBERTS: Correct.
MR. LALLY: And about how long was it after that initial phone call that you had where she hung up, how much time had elapsed between that call and the next one?
MS. ROBERTS: I don’t know, maybe five minutes.
MR. LALLY: And so when she calls back she makes those statements to you that you just testified about, and upon her making those statements, what if anything, was your response?
MS. ROBERTS: I said, then she said she checked (c) ’s phone to see if John had called, and I said, okay, where are you now, and she said I’m driving. Can I come to your house? Will you drive my car? I don’t remember anything from last night. We drank so much I don’t remember anything, and I said, you need to go home and be with (c) if she’s there by herself. I’ll go look for him, or something of that nature. Because I thought, I said, you’re going to get a DUI. If you were drinking all night last night and you don’t remember anything. You shouldn’t be driving.
MS. LITTLE: Objection, your Honor. Move to strike.
JUDGE CANNONE: Next question, please.
MR. LALLY: When you were talking to her on the phone, what if any observations did you make to sort of how she as speaking or --
MS. ROBERTS: She was very frantic and her voice was elevated. She was very frantic.
MR. LALLY: And the loudness that you were describing during the course of that first phone call, what if any observations did you make with respect to that in regard to the second?
MS. ROBERTS: Same, throughout the rest of the day it was the same.
MR. LALLY: You indicated to her that she needs to go home, is that right?
MS. ROBERTS: Correct.
MR. LALLY: What if anything did she say in response to that?
MS. ROBERTS: She said I’m going to come to your house and you drive my car and I said okay.
MR. LALLY: After that, what did you do from there?
MS. ROBERTS: I started getting dressed. I think that’s what I said and my husband said, where are you going? I said, I don’t know. Something happened. John didn’t come home. Karen’s worried so I’m going to go look, go help her. And he said, you’re not going anywhere, it’s a blizzard, and I said yes I am and I went downstairs. I started the car, cleared it off and I sat there waiting and she didn’t come, so I called.
MR. LALLY: During the time that you’re waiting in the car do you know about how long a period it was that you were waiting in the car?
MS. ROBERTS: I would say at least ten minutes sitting in the car.
MR. LALLY: And to that point, as far as when you went outside to the car what if anything did you observe about the weather, and what if anything did you do with your car as you were turning it on?
MS. ROBERTS: I cleaned the car off. I turned the car and I got in it and I thought to myself, well, she thinks he might have got hit by a plow or something. I’ll see if there’s any accidents, so I called the Stoughton, I mean, Stoughton, Canton non-emergency line and I said have there been any plow accidents? My friend’s boyfriend didn’t come home and they said no, there were no accidents. Then I called Good Samaritan Hospital in Milton to see if anybody had been brought in in a car accident. They said no. And then finally Karen called back.
MR. LALLY: Before we get to that, there’s been reference to, at any point in time did you call Mr. O’Keefe?
MS. ROBERTS: Yes.
MR. LALLY: And when you called Mr. O’Keefe, were you able to speak to Mr. O’Keefe?
MS. ROBERTS: No.
MR. LALLY: Did you know how many times you called Mr. O’Keefe?
MS. ROBERTS: My husband called him, and I think I called him.
MR. LALLY: And when was that in relation to you going out to your car and clearing it off?
MS. ROBERTS: That was when I was in the house. Karen actually said, can you try and call him.
MR. LALLY: And you did, and you didn’t get an answer?
MS. ROBERTS: Correct.
MR. LALLY: And do you know whether or not your husband got an answer?
MS. ROBERTS: He did not.
MR. LALLY: So you go out to the car, you’re waiting and you make those phone calls initially to Canton Police, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: Do you know who you spoke to at Canton Police?
MS. ROBERTS: I believe it was Officer Goode.
MR. LALLY: Is that someone that you knew in any way prior to this date of January 29th?
MS. ROBERTS: We have mutual friends, but no, I’ve never met them.
MR. LALLY: Now you call the hospitals and then at some point after you finished speaking to the hospitals the defendant then calls you back, correct?
MS. ROBERTS: Yes.
MR. LALLY: And what if anything can you describe to the jury what was the content of that conversation that third time?
MS. ROBERTS: I said, where are you in the car and she said, I’m at Jen’s house and I said, Jen, who? She said, Jen McCabe. She’s going to drive my car and I said okay, stay there. I’ll come there. We’ll follow and we’ll drop your car off and we’ll just take my car and go look for him. And I drove to Jen’s and I pulled in the driveway behind them. I was still on speakerphone. Jen is driving. Karen is in the passenger’s seat and we drove. I said, do you remember, did you look through the house? Could he be passed out somewhere in the house? She said, I don’t know. I didn’t look. So I said, let’s do that. Let’s get in the car. We’re not taking two cars, it’s a blizzard. We’re going to go back to Meadows and we’re going to go look in the house first. He could be passed out behind the couch or on the floor. Who knows. So we went to the house --
MR. LALLY: I’m sorry, before you get into that, as far as directionality and where you’re going at this initial stage, you’re sort of directing what’s going to happen and where you’re going to go, correct?
MS. ROBERTS: Correct.
MR. LALLY: You had mentioned, as the defendant said she was at Jen’s. You asked Jen who, and she said, Jennifer McCabe, correct?
MS. ROBERTS: Correct.
MS. LITTLE: Objection.
JUDGE CANNONE: Overruled.
MR. LALLY: With regard to Ms. Mcabe, did you know her or how did you know her prior to this morning of January 29th?
MS. ROBERTS: I had met her once when John took her and I to Reebok because he got a 50 percent discount so we would go periodically and get the kids shoes so she, John and myself went to Reebok, got shoes and then we went to the Hillside for lunch. That was it. I wasn’t friends with her.
MR. LALLY: Is that someone that you had programmed in your phone as a contact? Did you have her information prior to January 29th?
MS. ROBERTS: No.
MR. LALLY: When you went to Ms. McCabe’s house that morning how was it that you knew where Ms. McCabe’s house was at that point?
MS. ROBERTS: I picked up (c) there a time or two for John and brought her home if I was heading that way because Jen’s house was on the way to John’s.
MR. LALLY: So you go to Ms. McCabe’s house, and can you describe for the jury sort of what you observe or what you see when you’re first coming up to Ms. McCabe’s?
MS. ROBERTS: I pulled in the driveway behind Karen’s car and Karen and Jen are in the car talking. I’m still on Bluetooth so I can hear them and Karen said that she remembered leaving him at Waterfall and Jen said, no, I saw you pull up to my sister’s house. And then at some point in the conversation she said, what about my taillight? What about my taillight and I looked, and there was a piece missing. It was caked on with snow. You could tell there was a little black hole but there was snow like caked on it and it was a blizzard at this point.
MR. LALLY: Now, as far as over the course of this early morning when you’re making that drive from your house to Ms. McCabe’s house, correct?
MS. ROBERTS: Correct.
MR. LALLY: So during that time can you describe sort of what the lighting conditions were, what the roadway conditions were, what you observed as you were driving over there?
MS. ROBERTS: It was not light out yet and it was really bad driving.
MR. LALLY: Bad driving in reference to the snow, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: Okay, and so you get to Ms. McCabe’s house and during the drive from your house to Ms. McCabe’s house you’re speaking to both Ms. McCabe and Ms. Read?
MS. ROBERTS: Yes.
MR. LALLY: With reference I think you said a couple of times as far as a Bluetooth, as far as what you’re hearing on the other side of the conversation is it just one person or are you able to hear sort of everything that’s going on in the car?
MS. ROBERTS: I could hear everything. It was like a regular phone call.
MR. LALLY: From where you were your impression was it was hooked up to the speaker of the car?
MS. ROBERTS: Correct.
MR. LALLY: When you get to Ms. McCabe’s house or what you were just testifying about as far as the taillight, when is it that you’re making those observations?
MS. ROBERTS: In Jen’s driveway.
MR. LALLY: And so about how far away from the defendant’s car are you the first time that you see or your attention it drawn to this taillight?
MS. ROBERTS: I was parked right behind them in the driveway.
MR. LALLY: And can you describe which part of the vehicle you were looking at as far as which taillight that you’re observing this damage to?
MS. ROBERTS: The right passenger.
MR. LALLY: From there as far as Ms. McCabe’s driveway you make these observations, where is this that you go from there?
MS. ROBERTS: Say it again?
MR. LALLY: Sure. So after you’re making those observations and you’re overhearing that conversation or you’re having that conversation over the Bluetooth where did the three of you go?
MS. ROBERTS: We went to Meadows, to John’s house.
MR. LALLY: And how was it that each of you sort of got from Ms. McCabe’s house to John’s house on Meadows?
MS. ROBERTS: Jen drove Karen’s car and I followed behind in my car.
MR. LALLY: When you arrived there, where did you go? Where did you park like?
MS. ROBERTS: I pulled in. I think I pulled in right behind. She pulled her car sort of in front of the garage bays and I pulled in the driveway behind her.
MR. LALLY: And when you say she do you know who was driving Ms. Read’s car?
MS. ROBERTS: Jen McCabe.
MR. LALLY: So Ms. McCabe is driving and Ms. Read is in the front passenger’s seat?
MS. ROBERTS: Correct.
MR. LALLY: And you’re driving your car behind?
MS. ROBERTS: Correct.
MR. LALLY: What kind of car did you have?
MS. ROBERTS: A Ford Explorer.
MR. LALLY: Do you recall what color it was?
MS. ROBERTS: Dark gray.
MR. LALLY: As far as Ms. Read’s, do you recall what kind of vehicle she had at that point?
MS. ROBERTS: A Lexus SUV.
MR. LALLY: And do you recall what color that was?
MS. ROBERTS: Black.
MR. LALLY: Now with respect to Mr. O’Keefe, do you recall what kind of vehicle John O’Keefe had?
MS. ROBERTS: He has a Traverse.
MR. LALLY: And do you recall what color that was?
MS. ROBERTS: It’s like a beige-green.
MR. LALLY: Your Honor, with the Court’s permission if I could ask to publish what’s been marked as Exhibit No. 2?
JUDGE CANNONE: Okay.
(Exhibit No. 2 was published to the jury.)
MR. LALLY: Ms. Roberts, directing your attention to the screen over here do you recognize what is up on the screen?
MS. ROBERTS: That’s John’s house.
MR. LALLY: Does that look like a fair and accurate portrayal of what John’s house looked like down around the time of January 29 when you went over that morning?
MS. ROBERTS: It was much snowier but yes.
JUDGE CANNONE: I’m sorry, I can’t hear you over the coughing, if you could repeat.
MS. ROBERTS: I said it was much, much more snow, but yes.
MR. LALLY: Now, it’s not visible in this video or photograph of the driveway you’re talking about at Mr. O’Keefe’s house on Meadows Ave. as we have in this picture, whereabouts would the driveway be, to the left or the right?
MS. ROBERTS: To the right.
MR. LALLY: And your Honor, with the Court’s permission if I could ask to publish what’s been marked as Exhibit 91?
JUDGE CANNONE: Okay.
(Exhibit No. 91 was published to the jury.)
MR. LALLY: And again, Ms. Roberts, do you recognize what’s up on the screen?
MS. ROBERTS: That is John’s car.
MR. LALLY: And what is that behind John’s car?
MS. ROBERTS: Behind, a basketball hoop.
MR. LALLY: No, I’m sorry, that’s correct. Not the rear of the vehicle but sort of in the photograph behind on the other side of the passenger’s side of the vehicle?
MS. ROBERTS: Oh, the garage doors.
MR. LALLY: Yes, and two garage doors, on the left on the right, is that correct?
MS. ROBERTS: Correct.
MR. LALLY: You’re familiar with this house, you’ve been over it a number of times when Mr. O’Keefe lived there?
MS. ROBERTS: Correct.
MR. LALLY: As far as what if anything, are you familiar with as far as Mr. O’Keefe having with regard to security around his house?
MS. ROBERTS: Security, he has a ring camera that was in the driveway and a ring camera that was at the side door.
MR. LALLY: With regard to the garage itself as far as you’ve been in there, as well?
MS. ROBERTS: Yes.
MR. LALLY: What is behind the left door of the garage?
MS. ROBERTS: His big old blue convertible.
MR. LALLY: And on the right side of the garage what if anything is in behind it?
MS. ROBERTS: Nothing. I mean, he’s got all organized stuff and kids’ sporting, I don’t know if he parked in there or not.
MR. LALLY: Now as far as how Mr. O’Keefe kept the garage, kept his home, was there a particular way in which he kept it when he lived there, if you know?
MS. ROBERTS: He was a neat freak.
MS. ROBERTS: He was a neat freak.
JUDGE CANNONE: I’m sorry, what was that?
MS. ROBERTS: He was a neat freak.
MR. LALLY: And as you enter in this garage what if any access do you then have to come inside the home?
MS. ROBERTS: There’s a set of stairs and it brings you right into like the mud room which leads into the kitchen.
MR. LALLY: Now, when you would go over to Mr. O’Keefe’s house on this occasion or any other occasion what if any rules or preferences would Mr. O’Keefe have with regard to footwear?
MS. ROBERTS: You did not wear footwear in the house, you took your shoes off.
MR. LALLY: Is that something that applied to the people that lived there as well as people that were visiting?
MS. ROBERTS: Yes.
MR. LALLY: How would you describe, was that a relatively strict rule?
MS. ROBERTS: Yes.
MR. LALLY: Now, your Honor, with the Court’s permission if I could, I’d like to publish a portion of Exhibit 6, the ring video.
JUDGE CANNONE: Okay.
MR. LALLY: And Ms. Gilman, if I could have from the driveway Video No. 1-5-4.
MR. LALLY: Ms. Roberts, do you recognize what’s up on the screen?
MS. ROBERTS: Yes, that Karen’s car and my car and John’s was in the background.
MR. LALLY: In front of you on the desk there should be a laser pointer. If there’s not, oh, thank you very much. So, pressing on that button and pointing towards the screen if I could ask you to direct the jury to where did you see the Ms. Read’s vehicle, where you your vehicle and where you see Mr. O’Keefe’s vehicle?
MS. ROBERTS: That was John’s car. That is Karen’s car. That is my car.
MR. LALLY: And is this a fair and accurate portrayal of sort of where the cars were and what things looked like when you first arrived at Mr. O’Keefe’s house coming from Ms. McCabe’s house?
MS. ROBERTS: Yes.
MR. LALLY: Ms. Gilman, if you could.
(Videotape played.)
MR. LALLY: Can you pause it.
MR. LALLY: Now, with reference to any individuals that you observed in this video, again, user the laser pointer if you would draw the jury’s attention to who you observed and where they are?
MS. ROBERTS: That is Jen McCabe and that is Karen Read, and that’s me.
MR. LALLY: And at some point you enter in through the garage, is that right?
MS. ROBERTS: Correct.
MR. LALLY: Now far as the garage doors are concerned when you came back that morning what if anything did you notice about the garage doors?
MS. ROBERTS: The right garage door wouldn’t close.
MR. LALLY: So it was open when you arrived?
MS. ROBERTS: I don’t recall if it was open when we arrived, but when we were leaving it wouldn’t close.
MR. LALLY: Do you recall, do you have any idea how that mechanically worked, how you open and how you would close the garage door?
MS. ROBERTS: Yeah, there’s a code on the side.
MR. LALLY: At any point in time when you noticed that the garage door was open, were you or any of the people that you were with able to close that door?
MS. ROBERTS: No.
MR. LALLY: So, is that the door that you entered into in order to get into the garage, to get into the mud room, take off your shoes and go in the house?
MS. ROBERTS: Correct.
MR. LALLY: And when you came into the house that morning and you entered into the mud room what if anything did you do with your shoes and what if anything did you observe Ms. McCabe and the defendant do with their shoes?
MS. ROBERTS: Jen and I both had taken our shoes off in the sort of steps, in the garage before entered into the mud room. We took our shoes off and Karen just walked in.
MR. LALLY: And Ms. Gilman, if you could, just play the video through from there.
(Videotape played.)
MR. LALLY: Ms. Gilman, you can take that down. Thank you very much.
MR. LALLY: Now, Ms. Roberts, with reference to the ring video security system that Mr. O’Keefe had at his home, if you know, do you know who had access to that?
MS. ROBERTS: I do not.
MR. LALLY: Obviously, do you know whether or not Mr. O’Keefe had access to that?
MS. ROBERTS: He did, yes.
MR. LALLY: Do you know how or what device he used in order to access that?
MS. ROBERTS: I only know he had it on his phone.
MR. LALLY: How do you know he had it on the phone?
MS. ROBERTS: Because he would check it all the time to see if the kids were home or dropped off.
MR. LALLY: And that’s something he did in your presence?
MS. ROBERTS: Yes.
MR. LALLY: Now, with regard to at some point when you get to the home beyond the sort of initial observations you made of Ms. McCabe’s driveway with regard to the right rear passenger taillight of Ms. Read’s vehicle, what if any other observations did you make or what if anything else did you do with reference to that area of the vehicle?
MS. ROBERTS: Karen did point it out at one point in the driveway, she said, my taillight, look at my taillight. And I looked at it and I said, you told me you don’t remember anything from last night. She said, do you think I hit him? Do you think I hit it? I said, no, I don’t think you hit him. I think you probably hit something but let’s just go in the house and look for him.
MR. LALLY: And so as far as your recollection is concerned that sort of interaction that you had or looking at the taillight, when did that happen?
MS. ROBERTS: I don’t know if it was when, it obviously wasn’t when we got there. It must have been when we were leaving to go out and look for him.
JUDGE CANNONE: When you what? I’m sorry?
MS. ROBERTS: I wasn’t sure if it was when we arrived or when we were leaving to go back out and look for him but not that I’ve seen the video it’s obviously when we came back out of the house.
JUDGE CANNONE: Okay.
MR. LALLY: And who was present for that?
MS. ROBERTS: Who was present?
MR. LALLY: Yes
MS. ROBERTS: Jen McCabe, Karen Read and myself.
MR. LALLY: And as far as where Ms. McCabe parked that vehicle, at any point in time that you were at the house did that vehicle move at all, and by that vehicle I mean Ms. Read’s vehicle?
MS. ROBERTS: I don’t think so.
MR. LALLY: So where it’s parked in that video is essentially where it stayed as far as you know?
MS. ROBERTS: I believe so.
MR. LALLY: Now, with reference to those observations when you were looking at the rear passenger taillight of the area of Ms. Read’s vehicle, how close to the vehicle were you when you were making those observations?
MS. ROBERTS: Right in front of it. There was one piece like a rectangle encapsuled, like whatever was broken. I remember there was one piece of metal sort of sticking out so if there was an encasement for a light of some sort I remember looking at it and the piece was sort of sticking out and I thought, someone is going to catch their sleeve on that or something.
MR. LALLY: Now, from there when you arrived at the house, you go into the house, you take off your shoes, what happened then?
MS. ROBERTS: I started looking. Jen started looking. Karen, they both, her and Jen went upstairs. I started looking downstairs. I started looking on the other side of the couches to see if maybe he passed out somewhere. And then I went upstairs and Karen was standing in John’s room. The bed was made. She was just standing there. Jen had gone in to talk to (c) and then I said all right, let’s go. He’s not in the house.
MR. LALLY: Now, as far as --
JUDGE CANNONE: He’s not in the house?
MS. ROBERTS: He’s not in the house.
MR. LALLY: As far as your knowledge of Ms. O’Keefe, him not coming home when any of the children were home was that something that was normal?
MS. ROBERTS: Him not coming home if the children were home?
MR. LALLY: Correct.
MS. ROBERTS: Yeah, he would not do that.
MR. LALLY: Obviously you knew (c) was there but what if anything did you know as to where (c) was at that point?
MS. ROBERTS: He was at a friend’s house.
MR. LALLY: And was that something that you knew independent of this morning or what had transpired up to that point?
MS. ROBERTS: Say that again?
MR. LALLY: How did you find out that (c) was at a friend’s house, sleeping over?
MS. ROBERTS: Karen said, I said, where’s (c) ? She said he’s at his friend’s.
MR. LALLY: So you were in the downstairs area of the home, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: And looking through the rooms you didn’t find Mr. O’Keefe, correct?
MS. ROBERTS: No.
MR. LALLY: Now, at any point in time did you go upstairs?
MS. ROBERTS: I did.
MR. LALLY: And when you went upstairs where in the upstairs did you go?
MS. ROBERTS: At the top of the stairs was John’s bedroom so I looked in there. I looked in the bathroom. I looked in the closet. I looked in (c) ’s room. I looked in the other two bedrooms and (c) was in her room so Jen was in there, but I was just looking through the house.
MR. LALLY: As far as Mr. O’Keefe’s bedroom, when you look in there, what if anything did you observe as far as the condition of the bed?
MS. ROBERTS: The bed was made.
MR. LALLY: You mentioned you looked in a variety of different rooms on the second floor. You said sort of two other rooms, what if anything were those other rooms used for if you know?
MS. ROBERTS: I think one of them was a computer room. It was the room that faced the front of the house and the back room had a bed in it that Ms. O’Keefe would stay in when she would stay over.
MR. LALLY: And again, just to be clear, when you say Mrs. O’Keefe, you mean John’s mother?
MS. ROBERTS: John’s mother, sorry.
MR. LALLY: And as far as the computer room, who if anyone had access to that, if you know?
MS. ROBERTS: Had access to the computer room?
MR. LALLY: Yes, what was it used for, basically?
MS. ROBERTS: Oh, there was a desk with a computer, a laptop.
MR. LALLY: Do you know whose laptop that was, whether it was John’s, whether it was the defendant’s, whether it was the kids?
MS. ROBERTS: I don’t know if it was the defendant’s at the time, but John’s laptop used to be in that room.
MR. LALLY: Your Honor, with the Court’s permission I would ask if I can publish just a couple more photos on the screen for Ms. Roberts?
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I can start with Exhibit 92.
(Exhibit No. 92 was published to the jury.)
MR. LALLY: Ms. Roberts, directing your attention on the screen do you recognize what’s depicted in that photograph?
MS. ROBERTS: That’s Karen Read’s Lexus.
MR. LALLY: Specifically, if you could using the laser pointer in front of you direct the jury’s attention to where you observed damage that morning?
MS. ROBERTS: That’s where the metal piece I was describing was.
MR. LALLY: And as far as what’s depicted in this photograph up on the screen is actually consistent with what you observed in Mr. O’Keefe’s driveway and Ms. McCabe’s driveway when you saw it that morning?
MS. ROBERTS: Well, caked in snow, but yes.
MR. LALLY: So absent the snow, yes?
MS. ROBERTS: Yes.
MR. LALLY: And Ms. Gilman, if I could ask for the next exhibit, No. 93.
(Exhibit No. 93 was published to the jury.)
MR. LALLY: Again, Ms. Roberts, do you recognize what’s depicted in this photograph?
MS. ROBERTS: Yes.
MR. LALLY: Essentially a closer up image of the same area, correct?
MS. ROBERTS: Yes.
MR. LALLY: Again, what’s depicted in this closer up image is that also consistent with what you observed in Ms. McCabe’s driveway and Mr. O’Keefe’s driveway that morning?
MS. ROBERTS: Yes.
MR. LALLY: Now, your Honor, with the Court’s permission I would ask again if I could publish a portion of what’s been marked as Exhibit 41.
JUDGE CANNONE: You may.
(A portion of Exhibit No. 41 was published to the jury.)
MR. LALLY: And Ms. Gilman, if I could ask you to fast-forward to about two hours, nine minutes, and thirty seconds. Right here.
(Videotape played.)
MR. LALLY: Ms. Gilman if you could pause it there.
MR. LALLY: Ms. Roberts, directing your attention on the screen do you recognize what’s on the paused portion of the screen from this video?
MS. ROBERTS: That’s John’s house.
MR. LALLY: Ms. Gilman, can you press play again.
(Videotape played.)
MR. LALLY: And Ms. Gilman, if you could pause.
MR. LALLY: And again, Ms. Roberts, directing your attention up to the screen do you recognize what is sort of in front of the camera in this particular portion of the video?
MS. ROBERTS: That’s Karen’s car and John’s car.
MR. LALLY: Where you observed Karen’s car and John’s car, if you could just using the laser pointer direct the jury’s attention to where you observed each of those in this still frame here?
MS. ROBERTS: That’s Karen’s car. That’s John’s car.
MR. LALLY: And were those in essentially the same positions that you were talking about that the jury saw earlier in the ring video from Mr. O’Keefe’s house?
MS. ROBERTS: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes. Do you want this up on the screen or no?
MR. LALLY: Up for now, but just for a moment.
MR. LALLY: Ms. Roberts, I’m going to show you just two photographs. I ask you to just look at those and look up when you’re finished.
MS. ROBERTS: Okay.
MR. LALLY: And do you recognize those?
MS. ROBERTS: Yes.
MR. LALLY: What do you recognize what’s depicted in them?
MS. ROBERTS: Do I recognize what?
MR. LALLY: What is depicted in each of those photos?
MS. ROBERTS: Karen’s car.
MR. LALLY: May I approach, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce them and admit them as the next two exhibits.
JUDGE CANNONE: Is there any objection?
MS. LITTLE: No objection.
JUDGE CANNONE: All right, thank you.
MR. LALLY: Your Honor, while those are being marked may we approach?
JUDGE CANNONE: Hold on. Sidebar.
MR. LALLY: Yes, please.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 101, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 102, Photograph, was marked as an exhibit.)
(Sidebar commences:
JUDGE CANNONE: Okay.
MR. LALLY: Your Honor, I just wanted to alert the Court as far as what these are. So essentially, these are still shots from that video.
JUDGE CANNONE: Yep.
MR. LALLY: And this one is zoomed in and enhanced. There's also a video taken from that video in which it's zoomed in and enhanced similar to what's depicted in what's now 102. Obviously, I don't think it's anything that this witness has seen before, but assuming there's no objection to it, what I will do after going through the photographs is have the video marked as an exhibit.
JUDGE CANNONE: Okay.
MS. LITTLE: I haven't seen the video. I have no objection to this --
COURT REPORTER: I'm having trouble.
JUDGE CANNONE: Yeah.
MS. LITTLE: We haven't received a copy of the enhanced video, so I just haven't looked at it. But I have no objection to this.
JUDGE CANNONE: So it's essentially there's the -- that was up the other day and we talked about whether your expert would be willing, he didn't have to, enhance it. Is that the same thing?
MR. LALLY: Correct.
MS. LITTLE: Okay. That's fine, Your Honor.
MR. LALLY: Just for the record, it's in the link, the same as the still shots. There's a link at the bottom of the email that I sent.
MS. LITTLE: Oh, okay.
MR. LALLY: Just click on the link, that'll give you the video.
MS. LITTLE: Okay.
JUDGE CANNONE: If you want to sit there and go ahead and do it beforehand.
MS. LITTLE: That's okay.
JUDGE CANNONE: Okay. So no objection to it.
MS. LITTLE: No objection subject to them laying the proper foundation for its submission.
MR. LALLY: Well, that's what I'm saying because I don't know that this -- I mean, I can play the video for you, but then the jury's already seen it, so that's my point is I don't think this witness can do that.
MS. LITTLE: I'm assuming your eventually going to call a witness that can.
MR. LALLY: Of course.
MS. LITTLE: Can I just have a moment?
JUDGE CANNONE: Sure.
(Counsel confer.)
MS. LITTLE: Your Honor, we have no issue with the photograph, but we'd just like to be able to review the video before.
JUDGE CANNONE: All right. So I'll send the jurors out. We'll send them out, let you look at it. You may as well see if she can make the foundation and bring them back.
MS. LITTLE: Okay.
MR. LALLY: I can move on from this, and if counsel wants to look at it at lunch, that's fine.
MS. LITTLE: That would be great. Thank you.
JUDGE CANNONE: Okay.
end of sidebar.)
MR. LALLY: Your Honor, with the Court’s permission I would ask to publish first what’s been marked as Exhibit 101.
JUDGE CANNONE: Okay.
(Exhibit No. 101 was published to the jury.)
MR. LALLY: Ms. Roberts, what’s up on the screen now is Exhibit 101. You indicated that’s Ms. Read’s vehicle in the same position as where Ms. McCabe left it parked in the driveway, correct?
MS. ROBERTS: Yes.
MR. LALLY: Does this appear to be a still shot from the same video that you just saw in the prior video?
MS. ROBERTS: Yes.
MR. LALLY: Ms. Gilman, if I could have Exhibit 102 next.
MR. LALLY: And Ms. Roberts, what’s up on the screen, that’s the second photograph that showed you just a moment ago?
MS. ROBERTS: Yes.
MR. LALLY: And that’s essentially a closer up or zoomed in image of what’s in the same still image as you saw on the prior exhibit, correct?
MS. ROBERTS: Yes.
MR. LALLY: And again, if you could, using the laser pointer just direct the jury’s attention to the damage that you observed on the right rear passenger taillight of Ms. Read’s vehicle that night?
MS. ROBERTS: (Witness complied)
MR. LALLY: Thank you. Ms. Gilman, you can take it down.
MR. LALLY: Now, you go look through the home, you don’t find Mr. O’Keefe, and what happens then?
MS. ROBERTS: Then I said, let’s go, let’s go look for him. He might be walking home or if you thought he got hit by a plow, just Jen and Karen wanted to go back to 34 Fairview where they were at Jen’s -- Jen said she saw her pull up to 34 Fairview the night before so Karen really wanted to go back there. I was the one that said, no, let’s drop a car off, go to Meadows and look through the house and then we’ll start looking if he’s not in the house, so that’s we did. We got in the car and we were going to head back to Jen’s sister’s house.
MR. LALLY: And so this conversation as far as the defendant as you’re testifying, really wanting to go to Fairview, when did that occur in relation to when you got to Mr. O’Keefe’s house?
MS. ROBERTS: On the way from Jen McCabe’s house to John’s house in the car.
MR. LALLY: Okay, so this is over the Bluetooth as you’re driving?
MS. ROBERTS: Yes, Karen said I left him at Waterfall and Jen said, no, I saw you pull up in front of my sister’s.
MR. LALLY: And so after coming out of Mr. O’Keefe’s house do you exit the same way that you entered?
MS. ROBERTS: Yes.
MR. LALLY: Come out the garage door, get into your car?
MS. ROBERTS: Yes.
MR. LALLY: And if you could describe to the jury sort of where was everybody seated in your car when you get in?
MS. ROBERTS: I was driving. Karen was in the back seat and Jen was in the passenger’s seat.
MR. LALLY: And as far as Ms. McCabe’s sister’s house, at the time did you know where that was or who her sister was or anything like that?
MS. ROBERTS: I didn’t even know she had a sister.
MR. LALLY: Do you know about how long a drive or how far a drive or what the route was that you took going from Meadows to her sister’s house?
MS. ROBERTS: I think we went main roads because we were looking to see. I mean, I don’t know what we were looking for but we were looking for him. I don’t know if we thought he was walking home or he got hit by a plow, so we went main roads. We pulled out. I think we went Bolivar Street and then Jen was giving directions because I didn’t know where we were going.
MR. LALLY: To be clear, Bolivar Street you’re talking about, that’s B-o-l-i-v-a-r?
MS. ROBERTS: Yes.
MR. LALLY: Okay, and so then Ms. McCabe is then giving you directions as you’re driving, correct?
MS. ROBERTS: Correct.
MR. LALLY: Now, as you’re driving again as far as what if anything did you see as far as plows or how were the roads treated at that time, what if anything did you observe in reference to that?
MS. ROBERTS: Bad driving. There were plows out but it was really bad driving.
MR. LALLY: The visibility as you were driving from Mr. O’Keefe’s house to Ms. McCabe’s sister’s house, how would you describe the visibility?
MS. ROBERTS: It was very poor. It was in the middle of a blizzard.
MR. LALLY: Now, when you get to the street, at some point you’re directed by Ms. McCabe to Fairview Road, correct?
MS. ROBERTS: Correct.
MR. LALLY: And when you get to Fairview Road do you recall whether or not you took a left or a right, or how did you come onto Fairview Road?
MS. ROBERTS: Off of Chapman Street I took a right onto Fairview.
MR. LALLY: So you took a right from Chapman onto Fairview?
MS. ROBERTS: Correct.
MR. LALLY: And as you’re coming down Fairview Road what if anything did you note or observe as far as the sort of elevation of the roadway?
MS. ROBERTS: You go downhill.
MR. LALLY: So you go down a hill?
MS. ROBERTS: Yes.
MR. LALLY: This particular area of Canton obviously you’ve lived in Canton for several years, are you somewhat familiar with this area of Canton?
MS. ROBERTS: Yes.
MR. LALLY: And how is it that you were familiar with the area of Canton prior to this date if you’ve never been to Ms. McCabe’s sister’s house?
MS. ROBERTS: The commuter rail is right near there that I would take to work.
MR. LALLY: Are there any schools in that area, as well?
MS. ROBERTS: Yes, the John F. Kennedy School.
MR. LALLY: You mentioned that your son played baseball, correct?
MS. ROBERTS: Yes.
MR. LALLY: On the ballfield at John F. Kennedy School?
MS. ROBERTS: My son and John’s nephew went to the Home Day Care across the street from the JFK.
MR. LALLY: Now, your Honor, with the Court’s permission I would ask to just publish a brief portion of what’s been marked as Exhibit 12.
JUDGE CANNONE: Okay.
(A portion of Exhibit No. 12 was published to the jury.)
MR. LALLY: Ms. Gilman, what I’m going to ask is if you could push this video forward to two minutes and thirty seconds. I’m sorry, could you just -–
(Videotape played.)
MR. LALLY: I’m going to ask you to stop right there.
MR. LALLY: Ms. Roberts, from what you’ve seen on the video as far as what’s depicted in this video is that a fair and accurate portrayal or consistent with what you observed that morning as you were driving around going from Mr. O’Keefe’s house to Ms. McCabe’s sister’s house?
MS. ROBERTS: Yes.
MR. LALLY: The turn that this vehicle is taking at this point in the video, about two minutes and forty seconds in, do you recognize what street that video is turning onto?
MS. ROBERTS: I believe it’s Fairview.
MR. LALLY: And Ms. Gilman, if you could.
(Videotape played.)
MR. LALLY: If you could pause right there for a moment, Ms. Roberts, as you’re driving from Mr. O’Keefe’s house to this address on Fairview Road that you’ve never been to before, what’s going on inside the car?
MS. ROBERTS: Karen was frantic. She wouldn’t put her seatbelt on and I was getting nervous because we’re driving in a blizzard. She kept leaning in between the two seats. I think at some point she was texting in the back seat and then she’d be leaning. She was just frantic the whole morning.
MR. LALLY: And as far as her screaming do you recall anything specifically that she was screaming or what if any sort of conversation was going on in the car as you were driving?
MS. ROBERTS: There was some conversation about a woman I didn’t know, that was (c) ’s mom. She said, (c) ’s mom never liked me. I think (c) lived near Jen’s sister, maybe. I don’t know. Some conversation about (c) ’s mom and Karen said, she didn’t like me.
MR. LALLY: And do you recall where you were in your travels when that topic of conversation came up?
MS. ROBERTS: No, I don’t recall.
MR. LALLY: Now, in reference to following that what if anything did you say in regard to any other sort of --
MS. ROBERTS: Any other what?
MR. LALLY: Following that conversation in regard to (c) ’s mom who you didn’t know, what if anything did you say or introduce into the conversation of a similar nature?
MS. ROBERTS: Fairview Road runs along Spring Road, Spring Street, I think it is. Spring Lane. So Spring Lane and Fairview are both off of Chapman Street and there was a woman he dated who lived on Spring Lane. So when Jen was telling me where her sister’s house was I said, I don’t know where Fairview is, and she said, it’s near Spring Lane, and I said, oh, where the dance instructor lived. John had once dated a dance instructor and then Karen said, do you think he could have gone there, do you think that’s where he could have been.
MR. LALLY: What did you say to that?
MS. ROBERTS: Just using it as reference point. She said it’s near Spring Lane, and I knew that the dance instructor lived on Spring Lane.
MR. LALLY: Just to be clear, when you say the dance instructor, this would be for his niece, (c) ?
MS. ROBERTS: Correct.
MR. LALLY: And you indicated that the two of them, being Mr. O’Keefe and the dance instructor had dated at some point in the past, correct?
MS. ROBERTS: Yes.
MR. LALLY: About how long ago was that?
MS. ROBERTS: Oh, it was when (c) was little. She was probably like five.
MR. LALLY: So, almost ten years before this date that you’re driving around?
MS. ROBERTS: Yes.
MR. LALLY: Now, as you’re driving along and driving down Fairview, what is it that you’re doing, what if anything do you observe Ms. McCabe doing, and then what if anything do you observe the defendant doing?
MS. ROBERTS: We were looking for John walking or wherever he may be, so I’m driving and looking on both sides and I think Jen was looking on both sides and Karen was, she’d be in the back seat, then she’s in between us, then she’d be in the back seat and then in between us.
MR. LALLY: As you came down the hill on Fairview, what if anything, what happened next?
MS. ROBERTS: Jen said, my sister’s house is right up here, and all of a sudden Karen said, there he is, there he is. Let me the “F” out of this car and she started kicking the door.
MR. LALLY: And how was she kicking the door?
MS. ROBERTS: With her feet, how was she kicking the door?
MR. LALLY: I’m sorry, how hard was she kicking?
MS. ROBERTS: Oh, pretty hard. I mean, she wanted to get out of the car but it was locked because once you start driving the back doors lock, so I looked over and I didn’t see anything, and I looked at Jen and I said, she’s crazy, and I unlocked the door and I sat back and watched and she ran over to a mound of snow.
MR. LALLY: And so as the time you’re driving down the road, had you seen anything, as you’re driving down and sort of looking at the side of the road, have you seen anything on your side of the vehicle?
MS. ROBERTS: No.
MR. LALLY: And when you say she gets out of the vehicle is it your side or the passenger’s side where Ms. McCabe is that --
MS. ROBERTS: The driver’s side.
MR. LALLY: So she gets out of the driver’s side of the vehicle and the back passenger, correct?
MS. ROBERTS: Correct.
MR. LALLY: How quickly does she go sort of from where, from your car to where she ends up?
MS. ROBERTS: She ran over to the mound.
MR. LALLY: And at that point in time even when she runs over could you see what she was running over to?
MS. ROBERTS: At some point I realized it was the shape of a body.
MR. LALLY: And when was that that you, when in this sort of sequence were you able to realize that?
MS. ROBERTS: That was in in seconds. Once she ran over to his body I said, oh, my God and she lifted up his shirt and started to lay on him.
MR. LALLY: And when you stopped to let her out where were you in relation to that mound of snow or what you’ve learned to be Mr. O’Keefe?
MS. ROBERTS: I think my car was like in the middle of the road. I just stopped.
MR. LALLY: In relation to where the mound of snow was, had you driven past it at that point?
MS. ROBERTS: Yes.
MR. LALLY: Okay, so it was located behind your vehicle?
MS. ROBERTS: Yes.
MR. LALLY: And Ms. Gilman, if you could, I would ask to press play on that, about 6 minutes and thirty seconds.
(Video was played.)
MR. LALLY: Could you just pause for a second? Thank you, the windshield wipers, okay.
MR. LALLY: What’s depicted in the screen in front of this camera angle, do you recognize what that is?
MS. ROBERTS: That’s my car.
MR. LALLY: Is that essentially where you parked your car when Ms. Read started kicking the door and got out and ran over?
MS. ROBERTS: Yes.
MR. LALLY: If you could just press play for a moment.
(Videotape played.)
MR. LALLY: Pause here.
MR. LALLY: Now, on this video do you see where in relation to your vehicle where you found Mr. O’Keefe?
MS. ROBERTS: Can I use the pointer?
MR. LALLY: If you could, please.
MS. ROBERTS: (Witness complied.)
MR. LALLY: Thank you. And Ms. Gilman, if you could hit play for about six-and-a-half minutes.
(Videotape played.)
MR. LALLY: Ms. Gilman, if you could pause it there.
MR. LALLY: The three individuals on the screen again, if you could, just using the laser pointer direct the jury’s attention to who those are?
MS. ROBERTS: That is Jen McCabe, that’s Karen Read and that’s me.
MR. LALLY: And Ms. Gilman, if you could play it again.
(Videotape played.)
MR. LALLY: Ms. Gilman, you can take that down.
MR. LALLY: Ms. Roberts, in relation to what you just saw on the video as far as at some point the rear sort of tailgate or hatchback on your SUV, that was in the up position, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: And do you recall why that was?
MS. ROBERTS: Because I was having Jen get the baby blankets to wrap around him out of my car.
MR. LALLY: Is that something that you just sort of have in the back of your car at all times?
MS. ROBERTS: Yeah.
MR. LALLY: Now, at any point in time in that sequence did you call anybody or have any sort of phone calls that you made that went to voice mail at that time?
MS. ROBERTS: Did I?
MR. LALLY: Yes.
MS. ROBERTS: I don’t know.
MR. LALLY: So nothing that you recall, is that correct?
MS. ROBERTS: Correct.
MR. LALLY: And did you observe Ms. McCabe make any phone calls that sort of went to voicemail and she left her phone in your car?
MS. LITTLE: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Let me take you back sort of when you’re pulling in. So, as far as the conditions when you pull up and the defendant is banging on the door and gets out and runs over to Mr. O’Keefe, what’s depicted in that video obviously without your vehicle being in the middle of the roadway, is that a fair and accurate portrayal of what the road looked like and sort of what you saw upon your arrival?
MS. ROBERTS: Yes.
MR. LALLY: So after the defendant gets out of the vehicle what did you do, where did you go?
MS. ROBERTS: When I realized it was him or someone, I ran over and I dug his head out of the snow.
MR. LALLY: Do you recall, you recognized the person in the snow as Mr. O’Keefe?
MS. ROBERTS: Once I got his head out, yes.
MR. LALLY: Do you recall how his body was positioned as far was, how, was he on his stomach, on his back, on his side?
MS. ROBERTS: He was on his back.
MR. LALLY: So you brushed some snow away from his head, is that correct?
MS. ROBERTS: Off his face.
MR. LALLY: And when you were brushing the snow off his face what if anything did you observe about his face or the condition of him at that time?
MS. ROBERTS: He had blood coming out of his nose and his mouth and his right eye, it looked like a golf ball. His left eye was fine. The right eye looked like, it was awful.
MR. LALLY: Now, you mentioned that you wiped some snow from around his head. What if anything else did you observe on the rest of his body?
MS. ROBERTS: He was bleeding in the back of the head so when I was wrapping, I don’t know why I was wrapping blankets around his head but I didn’t know, he had a cut on the back of his head.
MR. LALLY: And do you recall which side of his head that cut was on?
MS. ROBERTS: I don’t. It just was blood on the blanket that was under him, under his head.
MR. LALLY: Now as far as the rest of his body did that have snow on it, as well?
MS. ROBERTS: Say it again, I’m sorry?
MR. LALLY: The rest of his body separate from his head area, what if any snow did you observe on the rest of his body?
MS. ROBERTS: He was completely covered.
MR. LALLY: Do you know about how much snow was covering the rest of his body?
MS. ROBERTS: I want to say like four inches, maybe three. I don’t really remember exactly how many, but he was covered.
MR. LALLY: So with reference to Mr. O’Keefe and when you arrived there, the three of you being you, the defendant and Ms. McCabe, what is it that you were doing when you first sort of come over to Mr. O’Keefe?
MS. ROBERTS: Karen was laying on top of him and I told her to get off him because I was going to do CPR and I said, Jen, you need to call 911 and I started CPR on his chest, compressions, and then Karen was giving him mouth-to-mouth.
MR. LALLY: And as far as CPR goes, is that something that you had any training in prior to this?
MS. ROBERTS: Yes.
MR. LALLY: And can you tell the jury a little bit about that as far as what, if any, training did you have as far as CPR?
MS. ROBERTS: I get CPR certified every two years through the American Red Cross at work.
MR. LALLY: So you start doing chest compressions, is that right?
MS. ROBERTS: Correct.
MR. LALLY: And you direct Ms. McCabe to call 911?
MS. ROBERTS: Yes.
MR. LALLY: And what was the defendant doing at that point?
MS. ROBERTS: She was doing mouth-to-mouth and she was frantic again, running around.
MR. LALLY: And as she was running around, what if anything else was she doing or saying while she was running around?
MS. ROBERTS: Did I hit him? Did I hit him? Is he dead? Is he dead?
MR. LALLY: Is that something that she said once or more than once?
MS. ROBERTS: More than once.
MR. LALLY: And similar to sort of the tonality or the volume of the voice that you were describing before, was that consistent when you’re there sort of in front of the house?
MS. ROBERTS: Yes.
MR. LALLY: Now, in relation to where you were with Mr. O’Keefe, obviously you’ve never been to this house before, is that right?
MS. ROBERTS: Correct.
MR. LALLY: What if anything did you observe as far as overhead lights or streetlights or anything like that around that area where you found Mr. O’Keefe?
MS. ROBERTS: There was a fire hydrant and some weird like electrical box thing sticking out of the ground.
MR. LALLY: But you don’t recall any sort of like overhead lights or anything like that?
MS. ROBERTS: I don’t recall.
MR. LALLY: Now, this process of you sort of doing compressions and Ms. Read is doing mouth-to-mouth and then running around, is the mouth-to-mouth that she was doing is that sort of consistent or is it intermittent between, when is the running around in relation to the mouth-to-mouth?
MS. ROBERTS: I don’t remember which was first. I was concentrating on doing chest compressions.
MR. LALLY: And so while you’re doing the chest compressions at some point do first responders start to arrive?
MS. ROBERTS: Correct.
MR. LALLY: And about how long was it from the time that you sort of get out of the vehicle and go over and realize it’s Mr. O’Keefe, et cetera, to when the first responders arrive?
MS. ROBERTS: I don’t know. It wasn’t long. Maybe under ten minutes.
MR. LALLY: During that time or during any amount of the time that you were there did you see anybody from any of the houses on the street come out of the house or any neighbors come out or anything like that?
MS. ROBERTS: No.
MR. LALLY: Once, if you call, do you recall whether it was police or fire or ambulance or who showed up first?
MS. ROBERTS: I don’t know. I think the police showed up first or the EMTs. I just saw the EMTs came over and said, we’ll take it from here. I wasn’t paying attention to what else was going on.
MR. LALLY: So you’re sort of focused on chest compressions and at some point some paramedic comes over and tells you they’ve got it?
MS. ROBERTS: Yes.
MR. LALLY: And so after that, where did you go?
MS. ROBERTS: After that where’d I go?
MR. LALLY: Yes.
MS. ROBERTS: I stayed in the area. I think I went back over to the car.
MR. LALLY: And as the paramedics are working on John you’re over by your vehicle, correct?
MS. ROBERTS: I think so.
MR. LALLY: What were you doing and where was Ms. McCabe and where was the defendant, at that point?
MS. ROBERTS: Karen was running around the body while the EMTs were trying to work on him. She was just frantic.
MR. LALLY: And so you’re over by the car and Ms. Read is running around over where Mr. O’Keefe is?
MS. ROBERTS: Yes.
MR. LALLY: And where was Ms. McCabe?
MS. ROBERTS: I don’t know. She was somewhere around the car.
MR. LALLY: But she was closer to you than to where Mr. O’Keefe was?
MS. ROBERTS: I don’t know.
MR. LALLY: Now, where Mr. O’Keefe was, if you know, where was he is relation to the roadway or the paved sort of pathway of Fairview Road?
MS. ROBERTS: I don’t know, because you couldn’t tell which was the road and which was the grass. You couldn’t tell where the road began and ended so I don’t know.
MR. LALLY: Now, you’ve described the defendant sort of running around Mr. O’Keefe frantically, what, if anything, was she saying at that point?
MS. ROBERTS: Is he dead? Is he dead? Is he dead?
MR. LALLY: And that sort of phraseology or the way she put that, was that consistent throughout, is that how she stated it?
MS. ROBERTS: Yes.
MR. LALLY: And again, in that sort of loud volume voice at the time?
MS. ROBERTS: Yes.
MR. LALLY: Now, at some point Mr. O’Keefe is taken from where he is by the paramedics to an ambulance, correct?
MS. ROBERTS: Yes.
MR. LALLY: And as he’s being taken off the ground what, if anything, did you observe in that area?
MS. ROBERTS: His phone was under him and it was grass.
MR. LALLY: Now, as far as the grass that you observed, how was that in relation to sort of the rest of the area where Mr. O’Keefe was?
MS. ROBERTS: Everything else had snow.
MR. LALLY: So everything else is covered in snow and when he’s lifted off the ground underneath his body is that where the grass is?
MS. ROBERTS: Yes.
MR. LALLY: His phone was where in relation to his body, as far as when he’s lifted up what part of his body had been over that?
MS. ROBERTS: Like maybe his shoulder, like his back so when they lifted him up it was under where like his, whatever that, the right side of his back.
MR. LALLY: And what I’m asking is basically sort of up towards the shoulder blade or down towards his lower back, if you know?
MS. ROBERTS: In the middle.
MR. LALLY: In the middle, and when you saw the phone on the grass what, if anything, did you do with Mr. O’Keefe’s phone?
MS. ROBERTS: I picked it up and I put it in my pocket and at some point one of the first responders asked if I had it. I handed it over.
MR. LALLY: And do you recall who that first responder was?
MS. ROBERTS: No.
MR. LALLY: Do you recall even whether it was a police officer or a fire fighter or a paramedic or who?
MS. ROBERTS: No.
MR. LALLY: Now, as Mr. O’Keefe is being taken from where he was located when you found him to the ambulance, what happens then and what goes on from that point?
MS. ROBERTS: At some point Officer Goode told Karen to calm down because she was frantic. And at some point Jen and Karen were in the back of a police cruiser to warm up. I was standing outside watching the ambulance because I could see through the ambulance that they were moving things and working on him.
MR. LALLY: And so what, if any, conversation did you have with the defendant and/or Ms. McCabe in reference to what you were seeing through the back of the ambulance?
MS. ROBERTS: I said, they’re working on him, they’re working on him. At one point Karen grabbed the front of my jacket and screamed in my face, are they working on him? Is he alive? And I said, they’re working on him, they’re working on him. They wouldn’t be working on him if he was dead. And then she had us hold hands and pray, and then at some point she had blood on her hands and she told us she had her period. I think she was just in a state of shock maybe.
MR. LALLY: And what, if anything, did either you or Ms. McCabe say to her when she said that?
MS. ROBERTS: She said, no, that’s not your blood, that’s John’s.
MR. LALLY: And what happened next?
MS. ROBERTS: Then the ambulance drove away.
MR. LALLY: And if you know, about how long was it from the time that you were told by the paramedics to, you know, sort of step away from Mr. O’Keefe, that they had this, from that point to when the ambulance drove away?
MS. ROBERTS: I don’t know. I don’t think it was long. I watched them work on whatever they were doing in the back of the ambulance and they got in the ambulance and drove away.
MR. LALLY: After the ambulance left, where did the three of you go or where did you go, where did Ms. Read go, where did Ms. McCabe go?
MS. ROBERTS: Karen, I had her in my car. Jen was going up to the door to her sister’s house and I said to the police, I had been on the phone with them. I had called Mrs. O’Keefe, I had called John’s mother. I had called John’s father. At some point, Karen was on the phone with John’s sister—in-law, Erin, telling him John was dead so I grabbed the phone from her. I said, he’s not dead. He’s in the back of an ambulance, he’s been in an accident and she said that Paul was going to go, John’s brother, to the hospital that they were bringing John to. I called Mr. O’Keefe, he didn’t answer.
MS. LITTLE: Objection, your Honor.
JUDGE CANNONE: Next question. That’ll stand but next question.
MR. LALLY: You called Mr. O’Keefe and Mrs. O’Keefe, John’s parents?
MS. ROBERTS: Correct.
MR. LALLY: At some point you have a conversation with them, correct?
MS. ROBERTS: Correct.
MR. LALLY: Do you know why it was that Ms. McCabe was going into the house on Fairview?
MS. LITTLE: Objection.
JUDGE CANNONE: Do you know why? Do you know why?
MS. ROBERTS: To wake her sister, I think.
MR. LALLY: And after those conversations, so you grabbed the phone from the defendant to speak to Erin O’Keefe, correct?
MS. ROBERTS: Yes.
MR. LALLY: And following those conversations with members of the O’Keefe family, where is it that you were going from there?
MS. ROBERTS: I asked Ms. O’Keefe if she had four wheel drive and she said no, and Mr. O’Keefe had a van that didn’t have four wheel drive, so I said, I’m going to come get you and I’ll take you to the hospital.
JUDGE CANNONE: Okay, so why don’t we end this now for lunch, okay? We’ll take the luncheon recess. Ms. Roberts, when the jury goes out you can just follow.
COURT OFFICER: All rise. Jury out.
(Jury out.)
(Court in recess.)
(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
COURT OFFICER: All rise for the Court, please. Court is back in session. You may be seated.
JUDGE CANNONE: All right, Mr. Lally, whenever you’re ready.
MR. LALLY: Thank you.
MR. LALLY: (By Mr. Lally) Good afternoon, ma’am.
MS. ROBERTS: Good afternoon.
MR. LALLY: So if I could take you back just for a moment and I apologize for this, but just for a moment back to when you first come over to where Mr. O’Keefe is on the grass and at any point when you observed him, what if any observations did you make as far as how Mr. O’Keefe was dressed at that time?
MS. ROBERTS: How he was dressed?
MR. LALLY: Yes.
MS. ROBERTS: He had jeans on. I couldn’t really tell because he was covered in snow, but I know that he had, I think he had two layers on when the defendant lifted his shirt.
MR. LALLY: Do you recall if any one of those layers was like a winter jacket or any kind of heavy coat or anything like that?
MS. ROBERTS: No.
MR. LALLY: I’m sorry, no, you don’t recall or no, it wasn’t?
MS. ROBERTS: No, it was not a coat.
MR. LALLY: Now, I’ll take you back to when you were in front of the house and Mr. O’Keefe is in the back of the ambulance and at some point in time that ambulance leaves, is that correct?
MS. ROBERTS: Correct.
MR. LALLY: Do you know where the ambulance was going?
MS. ROBERTS: Good Samaritan Hospital.
MR. LALLY: Following that, you mentioned that Ms. McCabe went inside the house, correct?
MS. ROBERTS: Yes.
MR. LALLY: And do you recall what it was that caused her to go inside the house?
MS. LITTLE: Objection.
JUDGE CANNONE: No, I’ll allow that. Not what anyone said.
MS. ROBERTS: I think she was going to wake her sister.
MR. LALLY: After she left was there anybody else beyond sort of first responders or police officers or things like that, any other sort of civilian people show up that you recall?
MS. ROBERTS: Matt showed up at some point, Jen’s husband, Matt.
MR. LALLY: And that was before you left, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: And just to be clear, and we’ll get to this more in a moment but you had left from the house once, come back, and then left again?
MS. ROBERTS: Yes.
MR. LALLY: When her husband, Matt McCabe showed up which of those times was that, if you recall?
MS. ROBERTS: I think he was there when I left the first time.
MR. LALLY: And did you have any conversation with him?
MS. ROBERTS: I said I’m going to get the O’Keefe’s. He said, do you want me to come with you and I said, no, no, no. So he went in the house.
MR. LALLY: And when you left, who, if anyone, initially when you left, who if anyone left with you?
MS. ROBERTS: I left with Karen Read.
MR. LALLY: As you’re leaving your car, you’re driving, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: And where is Ms. Read in the car, at that point?
MS. ROBERTS: Say it again?
MR. LALLY: Where was Ms. Read in your car at that point when you were in there?
MS. ROBERTS: In the passenger’s seat.
MR. LALLY: And as you were leaving, what if anything, were the two of you doing or talking about or what was going on when you left that first time?
MS. ROBERTS: As we were leaving she was saying to me if anything happens to John I’m going to kill myself. You need to take care of these kids.
MR. LALLY: And how did you respond to that?
MS. ROBERTS: He’s not going to die. No one is doing anything of that nature, or something of that nature, I said.
MR. LALLY: And as far as you’re driving away, you had come in from Chapman and you’re facing towards Cedarcrest, is that right?
MS. ROBERTS: Yes.
MR. LALLY: And so when you left are you following in that sort of same direction towards Cedarcrest?
MS. ROBERTS: I took a right onto Cedarcrest.
MR. LALLY: And then where did you go from there?
MS. ROBERTS: And then I got to Dedham Street and I went to take a right and then Officer Goode, Officer Goode let me go to pick up the O’Keefe’s to take them but I had to give him my phone number so that he could get in touch with me if he needed to. So he did call and he said, do you have Ms. Read with you and I said yes, and he said, please bring her back. Her parents have called in a suicide, they’re saying she’s suicidal, so they want her to be sectioned.
MR. LALLY: And so coming back to that in a moment but before you had left the scene you hadn’t talked to any police officers or anything at that time, correct?
MS. ROBERTS: No, other than my name and phone number but no.
MR. LALLY: So, you gave them your information and then said, I have to go pick up the O’Keefe’s?
MS. ROBERTS: Yes.
MR. LALLY: So you get that call from Officer Goode and then you come back to the house, is that right?
MS. ROBERTS: Yes.
MR. LALLY: During any of that time do you recall the defendant, I know you had mentioned she spoke to Erin a few times, was there anybody else that the defendant spoke to or talked to while you were with her in the car?
MS. ROBERTS: She spoke to her mother, and then I ended up taking the phone and speaking to her mother and I gave her my phone number and said, I am going to go to the hospital. She said, please make sure she does not have her purse. She has medication in her purse I don’t want her to take.
MR. LALLY: Then when you arrived back at the scene, what happened next?
MS. ROBERTS: She just got out of the car and walked to the ambulance.
MR. LALLY: And who if anyone, by “she” you mean the defendant?
MS. ROBERTS: I’m sorry, yes.
MR. LALLY: Who, if anyone, did the defendant walk from your car to the ambulance with?
MS. ROBERTS: I think she just walked by herself. I had her phone because I had been talking to her mother, so then one of the first responders came over and said, do you have her phone, and I said yes, her mother said make sure she does not have her purse.
MR. LALLY: And then following that conversation with one of the first responders where did you go from there?
MS. ROBERTS: I went to go pick up the O’Keefe’s.
MR. LALLY: And as far as your drive from Canton you went to, where do the O’Keefe’s live?
MS. ROBERTS: Braintree.
MR. LALLY: So your drive from Canton to Braintree and then subsequently from Braintree to Brockton, what if anything did you observe about sort of the driving conditions at that point?
MS. ROBERTS: I was actually on the phone Katie Camerano and I spun out, did a complete, spun a couple of times on 93 right near the Braintree exit, so that when I got to the O’Keefe’s we went back roads to Brockton because I didn’t want to go on the highway.
MR. LALLY: And as far as the O’Keefe’s, as far as in your car from Braintree to Brockton that was both John’s mother and father?
MS. ROBERTS: Correct.
MR. LALLY: At some point you get to the Good Samaritan Hospital in Brockton, correct?
MS. ROBERTS: Correct.
MR. LALLY: Do you know about what time it was that you got there?
MS. ROBERTS: I don’t know.
MR. LALLY: When you arrived where is it that you and the O’Keefe’s sort of go within the hospital?
MS. ROBERTS: John’s brother, Paul, had already arrived and then we all walked in. We were in the waiting area. John’s cousin actually works on the switchboard. We had been talking to her on the way in because of Covid restrictions we didn’t know if we were going to be able to get in. So she had come out from the switchboard, her office because she knew there had been an accident, so she came up to greet her family, and then I asked her to take me to the bathroom to clean up and to the chapel.
MR. LALLY: Why was it that you had to go clean up?
MS. ROBERTS: Say it again?
MR. LALLY: Why was it that you had to go clean up?
MS. ROBERTS: Because I had blood on my hands.
MR. LALLY: Now, Ms. Roberts, you mentioned that during part of the drive from Canton to Braintree you spoke to Ms. Camerano, correct?
MS. ROBERTS: Yes.
MR. LALLY: And during either that drive or the subsequent drive from Braintree to Brockton, who, if anyone else did you speak to over the phone?
MS. ROBERTS: Karen called me repeatedly from the ambulance asking if I was going to come to the hospital and she called, the O’Keefe’s were in the car and said she dropped him off at a party, and Mrs. O’Keefe said, you just left him, and Mr. O’Keefe said, leave her alone, she’s been through enough. She called a few times while we were on the ride and then she called a lot when we were at the hospital asking if I knew anything, if he was dead, is he dead. She would hang up and then call back. Hang up and then call back.
MR. LALLY: If you know, about how many times was that?
MS. ROBERTS: I don’t know, at least ten.
MR. LALLY: And that same sort of phraseology that she was using on scene as far as is he dead, she repeated that in the phone calls at the hospital?
MS. ROBERTS: Yes.
MR. LALLY: Now, once you arrive at the hospital and you’re able to clean up a little bit, where’d you go from there? What happened next?
MS. ROBERTS: I went to the chapel and I said a prayer and then I went in and talked to John’s cousin and she said Dr. Rice asked to meet with the family and that they would be told how John was doing and that they would bring John’s family back to see John. So, when I came out they were being called in by Dr. Rice and I sat in the waiting area.
MR. LALLY: After some period of time sitting in the waiting area, what happened next?
MS. ROBERTS: Ms. O’Keefe came out and told me John was gone, and then she asked if I wanted to see him, so I did because I figured it would be better than when I had last saw him. Maybe he was cleaned up but it was not, it was worse.
MR. LALLY: And I’m sorry, ma’am, but as far as when you say that it was worse, you went back into a room where John was, is that right?
MS. ROBERTS: Yes.
MR. LALLY: And what did you see?
MS. ROBERTS: He was in a neck brace and both eyes were huge. When I found him it was only one but they were like black almost, like I don’t know, blood or fluid. They were huge.
MR. LALLY: Beyond what you observed to his eyes, what if anything else did you see on John’s body as you were --
MS. ROBERTS: He had scratches on his arm.
MR. LALLY: Do you recall which arm it was?
MS. ROBERTS: His right arm.
MR. LALLY: And do you recall where on his arm it was?
MS. ROBERTS: Right here.
MR. LALLY: Your Honor, I just ask the record to reflect that the witness is pointing to her forearm.
JUDGE CANNONE: Yes.
MR. LALLY: Following that as far as going in to see John, what happened next?
MS. ROBERTS: We came back out to the waiting area. Ms. O’Keefe wanted to get his necklace off but I couldn’t get it so her and Paul went back in to get the necklace off and Karen had called me at some point from the hospital and said, my father is going to be coming, can you just keep a lookout for him so when Mr. Read, her father, walked in, Mr. O’Keefe recognized him and said that’s Karen’s father, so I went over and I said, Mr. Read, Mr. O’Keefe would like to speak to you and then I just stood there. I didn’t know what to do.
MR. LALLY: And at some point, did you leave from the hospital?
MS. ROBERTS: I did. I took Mr. O’Keefe in my car and Paul took Mrs. O’Keefe in his.
MR. LALLY: Where did the two vehicles, where did you go?
MS. ROBERTS: I dropped Mr. O’Keefe off at John’s house and then I went home.
MR. LALLY: Without getting into too much detail as far as the road conditions that you described earlier, how were they?
MS. ROBERTS: It was absolutely horrible. I told Mr. O’Keefe, if you see a front door in your vision we are about to hit a house because I can’t see where we’re going and my windshield wiper broke.
MR. LALLY: Now, so you dropped Mr. O’Keefe off at John’s house on Meadows, is that right?
MS. ROBERTS: Yes.
MR. LALLY: And Ms. Read’s vehicle, was that still there at that point?
MS. ROBERTS: I think so. I don’t recall, but I think so.
MR. LALLY: And then you went home, is that correct?
MS. ROBERTS: Yes.
MR. LALLY: Later on that day or that afternoon, who, if anyone, came to your house to speak to you in regard to what --
MS. ROBERTS: There were two officers but I don’t remember their names.
MR. LALLY: And do you recall which department they were from?
MS. ROBERTS: The state police.
MR. LALLY: As far as the officers that came to your house and spoke to you, you don’t recall their names, is that correct?
MS. ROBERTS: I don’t.
MR. LALLY: Do you recall if either one of them was a Trooper Proctor?
MS. ROBERTS: It was not.
MR. LALLY: And where in your house did you speak to them?
MS. ROBERTS: In the dining room.
MR. LALLY: Did they speak to anybody else at your house at that time?
MS. ROBERTS: My husband.
MR. LALLY: As far as when they spoke to you and they spoke to your husband where were you, starting with yourself, do you know where your husband was when the troopers were speaking to you?
MS. ROBERTS: I don’t know where he was, but he wasn’t in the room with me.
MR. LALLY: And the same as far as when the troopers were speaking with your husband, where were you?
MS. ROBERTS: I was not in the room.
MR. LALLY: Following that, did you have occasion to speak to any other troopers or members of the state police at any point in time afterward?
MS. ROBERTS: I’ve only spoken to Michael Proctor one time, it was from Jen’s house.
MR. LALLY: And when was that, if you know?
MS. ROBERTS: I don’t know. Maybe a couple of days later because Jen and I were re-going over everything that happened. Ms. O’Keefe had advised us to make a timeline because she said it could be a while. You guys aren’t going to remember something so write down what you remember and at that point when she first called she said he was dead, and Jen said I don’t think you told them that so Michael Proctor called when she was on the phone with him or I don’t even know, and I said, could I speak to him and I told him that somebody had it documented.
MR. LALLY: And so as far as Trooper Proctor was concerned, that phone conversation, is that the only contact that you had with Trooper Proctor?
MS. ROBERTS: Yes.
MR. LALLY: And if you recall, was it February 1st or so that you met with some troopers at Ms. McCabe’s house?
MS. ROBERTS: State Trooper? Who?
MR. LALLY: At some point did you meet with troopers at Ms. McCabe’s house?
MS. ROBERTS: Yes.
MR. LALLY: And if you know, was that on or around a couple of days later, like February 1st or so?
MS. ROBERTS: Yeah, I don’t know. I can’t be sure.
MR. LALLY: Were either of those troopers that you met at Ms. McCabe’s house, were either of those troopers Trooper Proctor?
MS. ROBERTS: No.
MR. LALLY: And do you recall where within Ms. McCabe’s house you spoke to them?
MS. ROBERTS: In the living room.
MR. LALLY: And beyond yourself and the troopers that you spoke to, was there anybody else in the room with you when you spoke with them?
MS. ROBERTS: No.
MR. LALLY: And at some point either then or subsequent to then were there any request made by any trooper from the state police in regard to your cell phone?
MS. ROBERTS: To my cell phone, yes.
MR. LALLY: Do you recall if it was that date or a later date?
MS. ROBERTS: It was not that date, I think it was the next day. It was within the next two days. They wanted to clone my phone.
MR. LALLY: Did they advise you of anything or give you any form that you had to fill out and execute prior to doing that?
MS. ROBERTS: Yes, I had to fill out a form.
MR. LALLY: As far as your phone was concerned were there any restrictions or anything that you gave to them as far as what they could look at or what they could clone or what they could do with your phone?
MS. ROBERTS: No.
MR. LALLY: And as far as how sort of that process works as far as a cell phone extraction or anything, do you know anything about that?
MS. ROBERTS: No.
MR. LALLY: Do you recall how long it was that you were without your phone at the time you handed it over to him to whenever you got it back?
MS. ROBERTS: Well, they took both of our phones at the same time and we didn’t get them back for like seven or eight hours.
MR. LALLY: Just to be clear, when you say both of our phones, your phone and who else’s?
MS. ROBERTS: Jen’s phone and my phone.
MR. LALLY: Now, at some point or at any point did you give any kind of interview or how any conversation with any officer from the Canton police in regard to what happened that day?
MS. ROBERTS: No.
MR. LALLY: Are you familiar with a Canton officer named Michael Lenk?
MS. ROBERTS: Yes.
MR. LALLY: How do you know him?
MS. ROBERTS: My daughter and his daughter are friends.
MR. LALLY: Beyond your daughters being friends, is that someone that you know or that you socialize with or anything like that?
MS. ROBERTS: I mean, they’ve come over to my house, his wife and him one time, but we don’t hang out with them socially. His wife and I are friends.
MR. LALLY: Now, at some point around this date, around January 29th, well, let me ask you, turning to the next day of January 30th, do you recall what you did that day?
MS. ROBERTS: We went over to the O’Keefe’s house. My daughter, Jen and Jen’s daughter and myself.
MR. LALLY: And following that, do you recall where you went?
MS. ROBERTS: My daughter wanted to get dropped off to her friend’s house, at Mike Lenk’s.
MR. LALLY: After leaving the O’Keefe’s house is it still the same as far as yourself, your daughter, Ms. McCabe and her daughter?
MS. ROBERTS: Her daughter stayed at the O’Keefe’s.
MR. LALLY: As far as Ms. McCabe was concerned, after dropping your daughter off did you go anywhere with Ms. McCabe after that?
MS. ROBERTS: I just stopped at Mike Lenk’s house on the way home.
MR. LALLY: And so when you got to your daughter’s friends’ house, who, if anyone, did you speak with there?
MS. ROBERTS: Mike’s wife came out to the car to see how I was and how the O’Keefe’s were, so she talked to us for a little bit, just asking how everyone was.
MR. LALLY: And if you know, ma’am, do you know about how long that conversation was?
MS. ROBERTS: I mean, I’m a talker, so it was probably a while. I’d say at least forty-five minutes.
MR. LALLY: And was that a conversation like through the window or did she get in the car, if you know?
MS. ROBERTS: I think she got in the car. She was in the back seat. It was freezing.
MR. LALLY: And from that conversation do you recall anything beyond sort of how people were doing or anything? Did you discuss anything sort of what you had seen or what you had heard the day before on the 29th?
MS. ROBERTS: I don’t recall. It was just a regular conversation, not regular, obviously, but she was more concerned how the O’Keefe’s were doing, how the kids were doing.
MR. LALLY: And then after you left from the Lenk’s house where did you and Ms. McCabe go from there?
MS. ROBERTS: I don’t know. I’m assuming home.
MR. LALLY: If I may have a moment, your Honor.
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, may we approach just briefly?
JUDGE CANNONE: Okay.
(Sidebar commences:
MR. LALLY: I wanted to revisit before. I'm almost done if not completely with this witness as far as direct. In reference to the video that we had talked about before, I believe counsel has an objection so I just wanted to clear that.
JUDGE CANNONE: Oh, I wish I had known that. I would have looked at it.
MS. LITTLE: Our objection is just that it's an enhanced video. Obviously, at the beginning of the trial we had a lot of sort of enhanced videos that we wanted to play. We were denied that opportunity. So just out of fairness, we would object to the Commonwealth being --
JUDGE CANNONE: Is it any different than how your media person goes and puts that little square over something and enlarges it? Is it any different than that?
MS. LITTLE: It's a zoomed in six-minute version of the video.
JUDGE CANNONE: You want to play six minutes?
MR. LALLY: No, no. I don't want to play six minutes.
JUDGE CANNONE: All right. So what I'm going to do is I need to look at it. I'll look at it tonight, and if I deem it's admissible, I'll let him put it in without any witness.
MS. LITTLE: Okay.
JUDGE CANNONE: Okay. That way there -- and avoided this, but that's what I'll do.
MS. LITTLE: Thank you, Your Honor.
JUDGE CANNONE: So objection to that?
MS. LITTLE: No. Thank you.
MR. LALLY: Thank you, Your Honor.
end of sidebar.)
MR. LALLY: Sorry, can I have one moment? I have no further questions for this witness, your Honor.
JUDGE CANNONE: Okay, Ms. Little?
MS. LITTLE: No questions, your Honor.
JUDGE CANNONE: Okay. All right, you’re all through. Thank you very much.
MS. ROBERTS: Thank you.
(End of testimony.)