Commonwealth v. Read — Trial ArchiveLaura Sullivan — Direct/Cross/Redirect
360 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, your Honor, the Commonwealth calls Laura Sullivan to the stand.
JUDGE CANNONE: And Mr. Lally, I’d like you to tell me when you’d like me to give that instruction.
MR. LALLY: I think it’s --
JUDGE CANNONE: So just wave it, flag it.
MR. LALLY: Sure. LAURA SULLIVAN-SWORN
JUDGE CANNONE: All right, Mr. Lally, whenever you’re ready.
MR. LALLY: Thank you.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, ma’am.
MS. SULLIVAN: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury.
MS. SULLIVAN: Laura Sullivan, S-u-l-l-i-v-a-n.
MR. LALLY: And where do you live?
MS. SULLIVAN: Pembroke, Massachusetts.
MR. LALLY: How long have you lived in Pembroke?
MS. SULLIVAN: Almost six years.
MR. LALLY: Who, if anyone, do you live in Pembroke with?
MS. SULLIVAN: I live with my boyfriend and our three children, two stepchildren that are with us half the time and then my son, .
MR. LALLY: How old is he?
MS. SULLIVAN: He is ten.
MR. LALLY: I’m sorry, I --
MS. SULLIVAN: Ten, sorry.
MR. LALLY: No, you’re fine. And your stepchildren, how old are they?
MS. SULLIVAN: Fifteen and thirteen.
MR. LALLY: Do you work, ma’am?
MS. SULLIVAN: I do.
MR. LALLY: What do you do for work?
MS. SULLIVAN: I work in Human Resources.
MR. LALLY: And how long have you been doing that?
MS. SULLIVAN: Just over six years.
MR. LALLY: Ma’am, if I could turn your attention to New Year’s Eve of 2021 into New Year’s Day of 2022, do you recall that time frame?
MS. SULLIVAN: I do.
MR. LALLY: Do you recall where you were?
MS. SULLIVAN: I was in Aruba.
MR. LALLY: If you could explain to the jury sort of how often, was that a regular trip that you did around that time of year?
MS. SULLIVAN: Yes. We’ve been doing trips like around that time for I’d say five or six years. This will be our five or sixth year, I believe.
MR. LALLY: Over the course of those five or six years that you’ve done that, when you say sort of we, how did that start and how has that expanded, if at all?
MS. SULLIVAN: We’ve been going, I mean, Josh and I have been going to Aruba for years. In 2021, post-Covid we decided to bring our children. We had never gone with them before, and since it was post-Covid a lot of people were kind of stir crazy and a group of our friends jumped on board and so we went from just the five us going to approximately sixty people.
MR. LALLY: And as far as yourself and/or the other people how, you know, was this all at one sort of facility or how were the bookings done?
MS. SULLIVAN: So we all stayed at the Renaissance, which is in downtown, and we buy time share so the time share resort where we would purchase weeks that people owned and so if they weren’t going for that year we would buy a week so we were able to get, I think it was something, you know, close to twenty rooms for all of us to go for the same week.
MR. LALLY: As far as the planning in regard to that year in particular, when did that planning process sort of begin?
MS. SULLIVAN: It starts approximately a year in advance because the rooms go on sale almost immediately because people want to get rid of them so I would say it was probably around January of 2021 that we booked our room for that year.
MR. LALLY: Once you had booked your room as far as the family and friends group that you were talking about, how was that sort of put out to them, like through what means?
MS. SULLIVAN: I would post on Facebook more rooms are available for Aruba if anybody was interested in going so the time share owners would reach out to me directly. Is there anybody else who would want to go and you would look for any interested either friends or what have you to join our trip.
MR. LALLY: So at some point in time over the summer of 2021, say July or August or so, was there someone, a friend of yours that reached out in regard to joining or possibly coming on the trip?
MS. SULLIVAN: Yeah, I received a text message from John O’Keefe interested in learning more information about our trip.
MR. LALLY: If you could, describe to the jury sort of, how did you know John O’Keefe?
MS. SULLIVAN: I met John in May of 2013. I met him at a bar in South Boston. He was with Pat Rogers at the time. Post meeting John, I started dating Pat and my son’s father is Pat Rogers.
MR. LALLY: Let me stop you there just for a moment.
MS. SULLIVAN: Yes.
MR. LALLY: So as far as John O’Keefe and your son’s father, Pat Rogers, did you know or did you come to know sort of what they did for a living?
MS. SULLIVAN: Yeah, they were both Boston police officers.
MR. LALLY: And did you know sort of what their relationship was beyond coworkers of Mr. O’Keefe and Mr. Rogers?
MS. SULLIVAN: Yes --
MR. YANNETTI: I pray your Honor’s judgment.
JUDGE CANNONE: I’m going to allow it. Go ahead, ma’am. A -- they were best friends.
MR. LALLY: So at some point following that meeting in 2013 you began to date Mr. Rogers, is that right?
MS. SULLIVAN: Correct.
MR. LALLY: What happened next?
MS. SULLIVAN: So in July of 2013 I became pregnant and in November of 2013 Pat committed suicide.
MR. LALLY: Are you okay?
MS. SULLIVAN: Yeah.
MR. LALLY: Following that, how would you describe sort of your relationship with Mr. O’Keefe or how did it evolve from there?
MR. YANNETTI: Objection.
JUDGE CANNONE: I’ll allow it.
MS. SULLIVAN: So in November of 2013 I was on a work trip and I had not had the best conversation with Pat. It was kind of, it just didn’t feel right and I called John and said you need to go find him. I can’t get a hold of him. He won’t answer his phone. So John left his nephew’s birthday party and called a bunch of people on the way and ultimately Pat was found in the basement of his house and John was there immediately following where he was the one that found people to go find Pat. Immediately following that John really never left my side, you know, as a support system.
MR. LALLY: At some point following that, you had your son?
MS. SULLIVAN: Yeah.
MR. LALLY: And before or after that at some point did you have a conversation with Mr. O’Keefe in regard to your son?
MS. SULLIVAN: It was his birthday in December of 2013, and we went to the Playwright which is where we had all met and I gave him a card and I asked him to be (c) ’s godfather and he said yes.
MR. LALLY: And in relation to your son was Mr. O’Keefe, was John involved in your son’s life?
MS. SULLIVAN: Yes, very much so.
MR. LALLY: And how so?
MS. SULLIVAN: He was, every birthday, Christmas he was always in contact. He was the first person in my delivery room after I gave birth. He was a constant. He was a connection to Pat and always making sure that, you know, (c) was taken care of in the sense of being there to tell stories or what have you from his relationship with Pat.
MR. LALLY: And through sort of his relationship with you and your son, did Mr. O’Keefe also become familiar with your family, as well?
MS. SULLIVAN: Yeah.
MR. LALLY: In regard to your family, was there some kind of term or how would they refer to Mr. O’Keefe?
MS. SULLIVAN: The Godfather. He was called The Godfather to almost everybody.
MR. LALLY: Ma’am, if I can turn your attention back to that summer of 2021, you receive a text from Mr. O’Keefe, is that right?
MS. SULLIVAN: Uh-huh.
JUDGE CANNONE: I’m sorry, you do have to say yes or no.
MS. SULLIVAN: Oh, sorry, yes.
MR. LALLY: After you received that text did you reach out to Mr. O’Keefe?
MS. SULLIVAN: Yes, I gave him a call because I was excited, I was immediately excited. I gave him a call, explained to him that we had a group of rooms, we were going with, I don’t even know the number at that time that, you know, signed up to go but it was a lot of kids, it was all of our friends and that they would have a great time.
MR. LALLY: And from that, did he give you any sense or say anything about who from, was it just himself or like who was coming along with him?
MS. SULLIVAN: He had mentioned that it would be the kids and he said Karen would be joining him, as well.
MR. LALLY: At some point subsequent to that, you knew him to be referring to Karen Read, correct?
MS. SULLIVAN: Yes.
MR. LALLY: At that point had you met Karen Read? Did you know who that was?
MS. SULLIVAN: I had not. I knew that they were dating, but I had never met Karen, no.
MR. LALLY: And in addition to himself it would have been Mr. O’Keefe, Ms. Read, the defendant and his niece and nephew, (c) and (c) ?
MS. SULLIVAN: Correct, yes.
MR. LALLY: If you know, in relation to your son, as far as Mr. O’Keefe’s nephew, (c) , where are they in relation as far as ages go?
MS. SULLIVAN: They’re three years apart; yeah, three years apart.
MR. LALLY: Now, when you had that phone conversation with Mr. O’Keefe, what if any interest does he show as far as going to Aruba?
MS. SULLIVAN: After asking a couple of questions I could hear Karen in the background and he put Karen on the phone, and that was the first time I had spoken to her. He basically said, just talk to her so you can answer her questions.
MR. LALLY: And do you recall what kind of questions they were or what it was about?
MS. SULLIVAN: She was interested in the room set up, how many people could sleep in a room and how the room is set up, you have a king sized bedroom, and then there’s the kitchen area and then a living room that has a pullout couch and I explained that it’s a four person occupancy room and you could get a rollaway bed.
MR. LALLY: Following that conversation when was the next time, if at all, that you had any conversation with Mr. O’Keefe and/or Ms. Read in regard to the Aruba trip?
MS. SULLIVAN: So during that conversation Karen mentioned that she needed her own bathroom and she needed her own space and that she wanted two rooms, and so I put them in contact with a woman that I knew had two rooms for them to, you know, figure that piece out. I don’t handle any of that. I put people in contact with whoever owns the rooms. I put them in contact with the woman who had the two rooms and I know that they had, you know, paid her relatively quickly. I mentioned to the John that the rooms, I couldn’t promise that the rooms would be next to each other and they weren’t, they were on opposite sides of the hotel, but they got two rooms.
MR. LALLY: When you say opposite sides of the hotel, where, do you know sort of where those rooms were in relation to each other and who stayed in which room?
MS. SULLIVAN: So the pool and lobby is in the center and then the hotel comes like this and there are pool walk-out rooms on the first floor of each, and Karen and John were on this side and the kids were on this side and they both had walk- out rooms.
MR. LALLY: And as far as sort of front door to front door, do you know about how far away they were from each other?
MS. SULLIVAN: I would say steps-wise maybe 200 but I mean, the hotel, it’s small enough but it’s separated by a lobby, a front entrance, the outside entrance.
MR. LALLY: Now, with regard to your arrival, when was it that you arrived in Aruba for that time?
MS. SULLIVAN: The time share rooms run Friday to Friday so we were books for the 31st through the 7th. Josh’s birthday is December 30th so we went down as a family a day early and we had friends who were already down there since Christmas. John’s time share room, the woman reached out and said hey, we’re leaving early if you want to arrive early so him and Karen and the kids actually came down on the 30th, as well. They were on the flight following us. And then the rest of the 60-ish people, however many were there, showed up on the 31st.
MR. LALLY: And so from that first day that you arrived there as far as when you got there on the 30th, when was the first time that you saw John or when was the first time that you saw anyone from that group?
MS. SULLIVAN: We were at the pool, so it was not long after they had landed. He texted me and said, we’re here, and (c) and I jumped out of the pool and went to the lobby to see him. And then on the way back from the lobby I saw somebody banging on the window on the left-hand-side of the rooms, and I didn’t know who it was and then I saw (c) . I said, oh, well, that must be Karen.
MR. LALLY: Again, was this the first time that you had seen Karen face-to-face or met Ms. Read?
MS. SULLIVAN: Yes.
MR. LALLY: And just for clarity purposes as far as Ms. Read is concerned, do you see her in the courtroom today?
MS. SULLIVAN: Yes.
MR. LALLY: Could you just identify as to where she’s seated or an article of clothing that she’s wearing?
MS. SULLIVAN: She’s right there.
MR. LALLY: I just ask the record to reflect identification of the defendant by the witness.
JUDGE CANNONE: Okay.
MR. LALLY: Thank you.
MR. LALLY: Now, after you see this person banging on the window and you recognized (c) , what happened?
MS. SULLIVAN: She came out, she gave me a big hug, said it’s nice to meet you. I’ve heard so much about you. I recognized you from pictures.
MR. LALLY: Following along from there, what happened then as far as the day was concerned?
MS. SULLIVAN: So as I had mentioned it was Josh’s birthday. We had already made plans to go out for dinner, our friends who had been there since Christmas had a seventeen-year-old daughter who watched our children so we could go out for dinner. I mentioned it to John. I said, you know, we’ll just add you to the reservation. You can join us for dinner. The kids can say with Chloe and they said absolutely, so we all went out for dinner that evening to the Screaming Eagle.
MR. LALLY: And the Screaming Eagle, where is that in relation to the hotel, the Renaissance?
MS. SULLIVAN: It’s probably about a fifteen-ish minute cab ride.
MR. LALLY: When you arrived there what if anything do you recall about sort of the dinner or how it went?
MS. SULLIVAN: So, we were sitting outside on the patio. It was Karen, myself, our friend, Laura. Across from Laura was her husband, Dave. Josh was in front of me and John was in front of Karen.
MR. LALLY: What if anything specific do you recall about the dinner or sort of what happened at dinner that night?
MS. SULLIVAN: So the waiter came over. He started taking drink orders. Karen placed her order. I placed mine. Laura placed hers. Dave placed his and then Josh ordered a dirty martini with blue cheese stuffed olives.
MR. YANNETTI: Objection.
JUDGE CANNONE: I’ll allow it to see where’s it’s going and you can move to strike if it, unless you want to see me --
MR. YANNETTI: Briefly.
JUDGE CANNONE: Okay.
(Sidebar commences:
MR. YANNETTI: I'm sorry. I expect that the next bit of testimony is going to be that my client ordered two drinks, and that they had a laugh about it. First of all, it's not relevant. Secondly, one of the elements here is an OUI case where prior drinking should not be a part of this trial. So that's the basis for my objection.
JUDGE CANNONE: What do you say, Mr. Lally?
MR. LALLY: Prior drinking is absolutely relevant to this trial as far as how much, you know, you were going to have, witnesses talk about (indiscernible), intolerances, and differences between them, and the fact that she drinks, you know, I mean, there's other statements that the defendant makes to other people about how much she had to drink on the night in question, and she first (indiscernible) normal amount. So I think anything I can do to establish what the normal amount is is perfectly okay, if not entirely appropriate.
MR. YANNETTI: And, of course, this does nothing to establish a normal amount. It's anecdotal evidence. You can't just pick up one night from somebody's life and say that's how they always drink. It's propensity evidence. It's inadmissible. It's prejudicial, and there's no point or value to it.
JUDGE CANNONE: What do you expect to get from her? What do you expect to ask and what do you expect to get?
MR. LALLY: You know, what I've asked is what happened at dinner, and that's what she specifically recalls from dinner is the fact that Ms. Read ordered two drinks at the same time, and that she, you know, drank while she was there. And as far as drank heavily while she was at the restaurant.
JUDGE CANNONE: And for what purpose?
MR. LALLY: Again, as it pertains to -- well, it also sort of dovetails into the next part that she recalls from this particular dinner is that the defendant then goes -- you know, I'm not cherry picking evidence here. I mean, there are things that goes both ways.
JUDGE CANNONE: She picks up the tab.
MR. LALLY: She picks up the tab, and, you know, sort of goes on from there into, you know, what occurred then with the sister. I think it also goes to the defendant's state of mind. You know, it's talking about drinking that continues on throughout this trip, and whatever her state of mind is when she thinks she sees whatever she thinks she sees in the lobby between Mr. O'Keefe and this witness's sister.
MR. YANNETTI: I think there's nothing to connect the 30th with the 31st. You know, again, you don't just pick out a day from somebody's life and say this typifies, you know, how they drink or what's going on. If they want to get into the next day, they can can into the next day, but there's nothing relevant on the 30th.
MR. LALLY: I'm not saying it typifies, Your Honor. What I'm saying is it normalizes as far as what, you know, is a typical day, and a typical day as far as drinking is concerned for this defendant.
JUDGE CANNONE: All right. So I'm not going to allow it in now. This witness can be recalled as to that if it comes up during extrapolation and the expert testimony as to tolerance, and the rest of the testimony and what your client says to the reporter from "Boston Magazine" it was -- (indiscernible) -- about this incident, so you can bring it back as to what was normal during this period of time, perhaps, but I'm not going to let it in right now.
MR. LALLY: Understood.
JUDGE CANNONE: And that means, too, if that's what you're going to establish, you can bring other witnesses as to what's normal if it's challenged.
MR. LALLY: Okay. Thank you.
end of sidebar.)
MR. LALLY: So, Ms. Sullivan, turning back to at the restaurant, there are drinks that are ordered, people have what they have and at the end of the evening as far as, the bill comes at some point, correct?
MS. SULLIVAN: Correct.
MR. LALLY: And what, if anything, do you recall about that?
MS. SULLIVAN: Karen had paid the bill prior to us receiving it.
MR. LALLY: And what if any reaction did you or anyone have in regard to that?
MS. SULLIVAN: The entire table was kind of taken a back, you know, said it wasn’t necessary, wanted to Venmo or give cash or something along those lines and she declined saying that she was honored to be there and wanted to pay for it.
MR. LALLY: Turning your attention to the following day, what if anything do you recall about the next day, that would have been, I’m sorry, the 31st, is that correct?
MS. SULLIVAN: Yes.
MR. LALLY: Turning your attention to December 31, 2021, what if anything do you recall about that day in specific regard to Mr. O’Keefe and Ms. Read?
MS. SULLIVAN: John was very vocal on the 30th on how he just wanted to sit in the pool and watch the Alabama game.
MR. LALLY: He was a pretty big Alabama fan, is that correct?
MS. SULLIVAN: Yes.
MR. LALLY: And so over the course of that day what if any interaction did you have starting with Mr. O’Keefe, what if any interaction did you have with him that day?
MS. SULLIVAN: I found him in the pool. He was sitting at the pool bar watching the game with Josh. I saw the kids. I recall seeing Karen. I don’t remember if we spoke or not but it was mostly in the pool because we were waiting for the rest of our friends to show up.
MR. LALLY: Now, amongst the rest of your friends that showed up, do you have any siblings?
MS. SULLIVAN: I do.
MR. LALLY: And how many siblings do you have?
MS. SULLIVAN: I have two.
MR. LALLY: Brother or sister?
MS. SULLIVAN: I have a younger brother and a younger sister.
MR. LALLY: With reference to your younger sister, what’s her name?
MS. SULLIVAN: Marietta.
MR. LALLY: And how much younger than you is Marietta?
MS. SULLIVAN: She’s ten years younger than me.
MR. LALLY: Was Marietta Sullivan, was she coming in on that day, as well?
MS. SULLIVAN: She was.
MR. LALLY: Do you recall about what time it was that she arrived or that she came to the hotel? When was the first time you saw her?
MS. SULLIVAN: It’s tough to remember but I want to say everybody showed up on one of the first or second flights that came out of Boston so I’d say she was there by 1:00 p.m.
MR. LALLY: And if you recall, what if any plans were there as far as dinner was concerned on that evening and New Year’s Eve?
MS. SULLIVAN: So, what we tend to do is book reservations and if people are interested in going they can join us. And that night was had approximately 40 people going to have dinner on the beach and MooMba Beach around I want to say it was seven o’clock we had our reservations for.
MR. LALLY: And did Mr. O’Keefe and the defendant, Ms. Read join you for dinner that evening?
MS. SULLIVAN: They did not, no.
MR. LALLY: Let me take a step back just for a moment as far as Ms. Read was concerned, prior to your arrival in Aruba did you have her phone number or did you have any way of contacting her?
MS. SULLIVAN: No.
MR. LALLY: And when was it that you got Ms. Read’s phone number?
MS. SULLIVAN: John had added her and I and Chloe to a group text the night that we had gone out for dinner to make sure we could all communicate with Chloe to make sure the kids were okay.
MR. LALLY: So you got her phone number in relation to watching the kids are far as (c) and (c) and your children and everybody else?
MS. SULLIVAN: Correct.
MR. LALLY: Now, if you recall you go out to dinner, you think the reservation was about 7:00 or so, do you recall about what time it was that you got back to the hotel?
MS. SULLIVAN: I want to say it was around 9:30-10:00 o’clock by the time my group got back. I know there was a couple different seatings so we probably got back around like 9:30-10:00 o’clock.
MR. LALLY: And as far as your group was concerned your sister, Marietta, was she within your group that went out to dinner?
MS. SULLIVAN: Yes.
MR. LALLY: Beyond sort of your younger sister, Marietta, did you have other sort of immediate family with you on this trip, as well?
MS. SULLIVAN: My mother was with us, as well.
MR. LALLY: With regard to your sister, Marietta, and your mother, what if anything was there as far as where were each of them staying?
MS. SULLIVAN: So they had their own room. I think it was a couple away from us on the fifth floor.
MR. LALLY: Is that the top floor as far as this hotel is concerned?
MS. SULLIVAN: Yes.
MR. LALLY: Now, once you arrived back from dinner where was it that you and your group went?
MS. SULLIVAN: We go to the pool area. The kids can swim. We rang in the New Year at the pool bar watching it on the TVs and then watching the fireworks.
MR. LALLY: Now, when you came back to the hotel and you went, at some point, to the pool area, your sister, Marietta, do you know where she went?
MS. SULLIVAN: She actually, when we got back from dinner, she went up to her room with my mom and essentially put my mom to bed. She didn’t want to be up anymore but she went to go change, as well.
MR. LALLY: Now, when you came down to the pool area, as far as Mr. O’Keefe and/or Ms. Read was concerned, did you see them in that area?
MS. SULLIVAN: I saw John I want to say around 10:00-10:30-ish. I don’t know the exact time. It was definitely before midnight.
MR. LALLY: And where in relation to the hotel did you see him at 10:00-10:30-ish?
MS. SULLIVAN: He was standing behind me at the pool bar.
MR. LALLY: And at some point does your sister come out to the pool area after putting your mother to bed?
MS. SULLIVAN: Yes, right before I saw John at the pool bar I saw my sister. She came out and she was visibly upset.
MR. LALLY: Your Honor, in regard to the instruction that you had requested about this, it may be a good time.
JUDGE CANNONE: All right, thank you. So, Jurors, you’re about to hear testimony about certain conduct or behavior allegedly committed by Ms. Read. Be mindful that the defendant is not charged with committing any crimes other than those charged within the indictments. The witness’ testimony may not, and indeed must not be considered by you as any evidence that the defendant has a bad character, or is evidence that she has a propensity to commit the crimes with which she has been charged. You may not take the defendant’s prior acts as a substitute for proof that the defendant committed the crimes charged here but you may consider the acts solely on the limited issue of the state of mind of the defendant and the nature of her relationship with John O’Keefe as it might go to motive or intent. You may not consider this evidence for any other purpose. Specifically, you may not use it to conclude that if the defendant committed the act or acts that she must also have committed the offenses with which she is charged. You can only use the evidence for the limited purpose of how it goes to the defendant’s state of mind, the nature of her relationship with John O’Keefe, as it may go to a motive, and just for the record my findings are the same that I made at side bar previously. Go ahead, Mr. Lally.
MR. LALLY: Thank you, your Honor.
MR. LALLY: Now, with regard to, at some point your sister comes out to the pool area where you were, is that right?
MS. SULLIVAN: Correct.
MR. LALLY: And do you know where Mr. O’Keefe was, at that point?
MS. SULLIVAN: I do not, no.
MR. LALLY: When your sister comes out to the pool area, what happened?
MS. SULLIVAN: She said --
MR. YANNETTI: Objection.
JUDGE CANNONE: That’s sustained. I thought you were doing something else.
MR. LALLY: When you sister comes out to the pool area, how would you describe her demeanor when she comes out?
MR. YANNETTI: Objection, asked and answered.
JUDGE CANNONE: No, I’ll allow that.
MS. SULLIVAN: She was frustrated.
MR. LALLY: And at some point did you have a conversation, without regard to what the conversation was, at some point did you have a conversation with her about something that had just happened?
MS. SULLIVAN: Yes.
MR. LALLY: Now, following that conversation with your sister, at some point subsequent to that did Mr. O’Keefe come back out to the pool area?
MS. SULLIVAN: After I spoke with her, yes. He came out to the pool area.
MR. LALLY: And do you know about how long a period of time it was between the time that your sister came out to the pool area and Mr. O’Keefe came out to the pool area?
MS. SULLIVAN: I would say approximately twenty minutes but I don’t really know exact timing.
MR. LALLY: Now, when Mr. O’Keefe came back out did you have any conversation with him?
MS. SULLIVAN: I did.
MR. LALLY: Can you describe that conversation for the jury?
JUDGE CANNONE: Is this the answer we were talking about instead of the other one?
MR. LALLY: Yes.
JUDGE CANNONE: All right. Jurors, I have another instruction for you. So, you’re about to hear evidence that’s statements made by John O’Keefe. Is that accurate now, Mr. Lally?
MR. LALLY: Yes.
JUDGE CANNONE: All right. These statements are being admitted only for a limited purpose of establishing John O’Keefe’s state of mind and not to consider this testimony as proof that the defendant has a bad character or propensity to commit crimes. The testimony of witnesses recounting conversations with Mr. O’Keefe can only be used as they go to the defendant’s motive or intent on January 28th or 29th and only if you find that the defendant was aware of Mr. O’Keefe’s state of mind at the time of the crime and would be likely to respond to it. There need not be direct evidence that the defendant learned of Mr. O’Keefe’s state of mind so long as you reasonably can infer from the evidence that she did learn of it.
MR. YANNETTI: This is subject to our objection at side bar, your Honor?
JUDGE CANNONE: Yes.
MR. YANNETTI: Thank you.
MR. LALLY: So, Ms. Sullivan, if I could take you back, so Mr. O’Keefe comes out, you have a conversation with him, can you describe to the jury what that conversation was about?
MS. SULLIVAN: I turned around and I was pretty shocked to see him. I said, what’s going on and he said nothing. I said, did Etta and Karen have words, and he said I don’t know. And I said, well, that’s not what Etta said, and I asked him if everything was okay, and at that time his phone was lighting up and it looked like call, text call and text and it said Karen on his phone.
MR. LALLY: After you make that observation, what, if anything, did you say to John at that point?
MS. SULLIVAN: I asked him if he needed to take it and he said yes, she’s crazy. I’ve got to take care of this.
MR. LALLY: And was that the last time that you saw him on New Year’s Eve?
MS. SULLIVAN: It is.
MR. LALLY: Now, turning your attention to the following day, New Year’s Day, did you see either Mr. O’Keefe or Ms. Read at all on that day?
MS. SULLIVAN: I did not. I saw the children, but we didn’t see them that day, no.
MR. LALLY: Now, turning your attention to the following day being January 2nd, what was sort of the plan as far as what was going on that day?
MS. SULLIVAN: Our hotel has a private island, the hotel we stay at has a private island, and we rented all eight of the cabanas between the sixty of us that were there and when the cabanas went on sale I had reached out to John and asked him if he wanted me to get him one, and he said sure. So I booked one for him and he paid me for that cabana. So we all went out that morning and it was probably around, you know, ten o’clock in the morning and they weren’t there yet, and so I sent him a text and I said, you know, are you coming or do you went me to sell this cabana because there was other, you know, couples, or least he could have made, you know, the money back and he asked me who was there and I said everybody and I named off, I think I named off a couple names, I’m not really sure, but I said everybody is here.
MR. LALLY: And when you said that, how did Mr. O’Keefe respond to that?
MS. SULLIVAN: He said apparently I made out with your sister the other night, according to Karen.
MR. LALLY: Now, is that the first time that you had heard that?
MS. SULLIVAN: Yes.
MR. LALLY: So fair to say whatever you had heard from your sister on December 31st was not that?
MR. YANNETTI: Objection. THC COURT: No, I’ll allow that.
MS. SULLIVAN: Correct.
MR. LALLY: And what was your reaction when Mr. O’Keefe told you that?
MR. YANNETTI: Objection.
JUDGE CANNONE: I’ll allow it.
MS. SULLIVAN: I was shocked. I immediately found my sister and said, did you make out with John?
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Now, when you went to talk to your sister who was it that your sister was with when you went to talk to her about it?
MS. SULLIVAN: I don’t recall who was standing near her. Maybe my mom.
MR. LALLY: Now, as far as your sister was concerned at that time was she dating someone?
MS. SULLIVAN: Yes.
MR. LALLY: And the person that she was dating, was that person on the trip, as well?
MS. SULLIVAN: He was, yes.
MR. LALLY: And was that person that she was dating that was on the trip, as well, were they at the cabanas on that day that you were there?
MS. SULLIVAN: They were, yes.
MR. LALLY: Now, as far as you have some conversation in regard to your sister, and then at some point do you go back and have further conversation with Mr. O’Keefe?
MS. SULLIVAN: Yeah, I said, I texted him back. I said, I just talked to Etta. She said absolutely not, that did not happen.
MR. YANNETTI: Objection, move to strike.
JUDGE CANNONE: That is sustained. I’ll strike that.
MR. LALLY: Now, at some point after that exchange did Mr. O’Keefe and/or Ms. Read and or the kids come out to the cabana area?
MS. SULLIVAN: They did, yes.
MR. LALLY: At any point, how would you describe sort of how Mr. O’Keefe and/or Ms. Read was acting when they came out to the cabana area?
MS. SULLIVAN: Karen immediately went in the water. I just recall her like floating in the ocean for a good chunk of the day. John was hopping around from the different cabanas talking to people. One of my favorite pictures of him is with my son from that day.
MR. LALLY: And did you have any conversation with Mr. O’Keefe once he came out to the cabana area?
MS. SULLIVAN: No, we kind of just kept it light. We didn’t really talk about anything that just happened. I was just trying to stay out of it for now.
MR. LALLY: And following sort of the cabana situation or the cabana day, what happened next?
MS. SULLIVAN: That day I think I saw John one other time. I saw him at the pool was the one time that him and I were alone. He didn’t seem like he was himself.
MR. YANNETTI: Objection.
JUDGE CANNONE: I’ll allow it.
MS. SULLIVAN: He seemed distant and I asked him if he was okay, and he kind of just, you know, shrugged it off and said, you know, are you happy and he kind of, you know, just rolled his eyes and shrugged it off. I said, well, you know, something along the lines of life is too short to not be happy, and he goes, well, you know what, it is what it is. I did ask him if he wanted to talk about it. I said, do you want to talk about it and he was like, not really.
MR. LALLY: And so following that exchange in the pool area, when was the next time that you saw John?
MS. SULLIVAN: I had spoken to him. We all went on the Jolly Pirate. We had all bought tickets in advance so we had basically rented the whole boat for everybody to go. He had bought four tickets and we had gotten a bus from our hotel, and he didn’t show up for the bus and wasn’t answering my calls or my texts. And then we finally got down to where the boat was, the boat was about to leave and he messaged me, he’s like, not going to make it. The kids slept late, and so I didn’t think anything of it. And after that I saw him and Karen the night before they left. They ended up leaving a day or two early so that the kids could get back to school.
MR. LALLY: And when you saw them, where was that in relation to the hotel?
MS. SULLIVAN: Right outside the hotel is a marketplace that has a bunch of restaurants, an arcade. I was sitting at the Five O’clock Somewhere Bar that looks into the arcade with my best friend, Val, and my friends, Dave and Laura, and Karen and John walked up.
MR. LALLY: And what, if any, conversation did you have with either Mr. O’Keefe or the defendant at that time?
MS. SULLIVAN: Karen grabbed me and she said, Hey, I’m sorry. I thought I saw something that I didn’t, and I would like to pay for some of your sister’s room.
MR. LALLY: And how did you respond to that?
MS. SULLIVAN: I said, that’s absolutely not necessary. Just an apology will do.
MR. LALLY: And did she persist in wanting to pay for the room?
MS. SULLIVAN: She did.
MR. LALLY: And how so?
MS. SULLIVAN: She just said, I will apologize but I, something along the lines of, you know, I want to pay for some of her room, can I just have a room number. I don’t remember if I gave her the room number or not. I don’t really know.
MR. LALLY: And with regard to that trip, when was the next time or when was the last time that you saw John?
MS. SULLIVAN: So, the day that they were leaving I saw him by the pool. He came up. He gave me a big hug. He said, I love you. This was a great trip. Thank you so much. And I said well, you’re definitely in again for next year and he said absolutely, and that was the last time I physically saw him.
MR. LALLY: And so that conversation, just turning back for a moment, as far as with regard to Ms. Read, do you know what day that would have been as far as in relation to when they were leaving, early January, fair to say?
MS. SULLIVAN: I want to say it was the 5th. I want to say it was January 5th.
MR. LALLY: Now, after Aruba, did you have any conversation with Mr. O’Keefe after that?
MS. SULLIVAN: I talked to him via text a couple of times about a couple of different things but one of them was as I mentioned, we start planning a year in advance and I said, rooms are coming available, are you in, and he said, let me recover from this trip first.
MR. LALLY: Now, ma’am, if I could turn your attention to Saturday, January 29th, 2022, do you recall that day?
MS. SULLIVAN: I do.
MR. LALLY: And at some point that morning or during that day did you get a call?
MS. SULLIVAN: I did. I received a call from someone.
MR. YANNETTI: Objection.
JUDGE CANNONE: A I received a call my aunt.
MR. LALLY: And what did you learn in the call from your aunt?
MR. YANNETTI: Objection.
JUDGE CANNONE: I’ll allow it.
MS. SULLIVAN: That John O’Keefe had passed away.
MR. LALLY: And after you hung up the phone with your aunt, what did you do, at that point?
MR. YANNETTI: Objection.
JUDGE CANNONE: I’ll hear this subject to striking it.
MS. SULLIVAN: I called him, called anybody’s number that I had associated with the family. I ended up calling (c) . I texted (c) . I texted Karen.
MR. LALLY: Without any regard to what (c) said, did (c) respond to you via text?
MS. SULLIVAN: She did.
MR. LALLY: And at some point did the defendant, Ms. Read, respond to you, as well?
MS. SULLIVAN: She did.
MR. LALLY: Was that a phone call or a text, or how did she respond?
MS. SULLIVAN: It was a text later that afternoon.
MR. LALLY: Do you recall what she said in the text that you got?
MS. SULLIVAN: She said, Hi, Laura. John has passed.
MR. LALLY: Do you recall what, if anything, you responded to that?
MS. SULLIVAN: I said, Oh, my God, what happened, and she said, we found him in the snow at 5:00 a.m.
MR. LALLY: What, if anything, did you ask or how did you respond?
MS. SULLIVAN: I said, what happened. I just recall, you know, kind of going into a tailspin asking a bunch of questions and she mentioned, she said, I don’t know. We were both at the same party. I didn’t go in. I went home.
MR. LALLY: May I have a moment, your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you, your Honor. I have nothing further for this witness. Thank you.
JUDGE CANNONE: Mr. Yanetti?
MR. YANNETTI: Thank you, your Honor.
CROSS-EXAMINATION BY MR. YANETTI:
MR. YANNETTI: Good afternoon, Ms. Sullivan.
MS. SULLIVAN: Good afternoon.
MR. YANNETTI: You were not present at the Waterfall Bar & Grille on January 28, of 2022, in Canton?
MS. SULLIVAN: I was not.
MR. YANNETTI: You were not present at 34 Fairview Road in Canton on January 29th, of 2022?
MS. SULLIVAN: I was not.
MR. YANNETTI: Yet you’ll agree with me that Michael Proctor, the state police troper visited you at your home all the way in Pembroke, Massachusetts on February 8th of 2022?
MS. SULLIVAN: Yes.
MR. YANNETTI: To interview you?
MS. SULLIVAN: Yes.
MR. YANNETTI: Nothing further.
JUDGE CANNONE: Anything, Mr. Lally?
MR. LALLY: Just briefly.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: As far as Trooper Proctor coming to your house, was he alone or with anyone else was he with when he came?
MS. SULLIVAN: He was with another trooper.
MR. LALLY: Okay, do you recall who that trooper was?
MS. SULLIVAN: Trooper Fanning.
MR. LALLY: Nothing further, your Honor.
JUDGE CANNONE: Ms. Sullivan, you are all set.
(End of testimony.)