Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
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Day 17 - May 24, 2024

Judge Beverly J. Cannone · Trial 1 · 2 proceedings · 2,801 lines

Day 17 of 35
Appearing:
🏛️ Adam Lally 🛡️ Alan Jackson 🗣️ Brian Higgins

Brian Higgins testifies about his relationship with Karen Read, the January 28-29 timeline, a 2:22 a.m. call with Brian Albert, his Canton PD access, text extraction, and later phone disposal.

Full day summary

Day 17 centered on Brian Higgins, an ATF special agent with an office at Canton PD. On direct, he described his social ties to the Albert family and his presence at 34 Fairview Road on January 28-29, 2022. The Commonwealth introduced January 12-29 text messages between Higgins and Read as motive evidence, including Read's descriptions of relationship dissatisfaction and romantic exchanges with Higgins. On cross, Alan Jackson questioned Higgins about a 2:22 a.m. call with Brian Albert, which Higgins attributed to a possible butt dial; Canton PD card access on January 29, including the sally port; calls with the Alberts and Chief Berkowitz; and his use of a federal forensics kiosk to extract two text threads. Higgins testified that he later threw the phone away, said it was possible he removed the SIM card, acknowledged service of an order on September 30, 2022, and denied Jackson's allegation that the phone and SIM card were discarded in separate dumpsters on a military base.

Key Moments
  • Prosecution reads dozens of text messages between Read and Higgins showing Read expressing relationship dissatisfaction and initiating romantic contact with Higgins in the weeks before O'Keefe's death.
  • Higgins testified that he drove past the area where O'Keefe was later found and did not see O'Keefe or anyone in the yard; Jackson used that account to challenge the Commonwealth's timeline.
  • Phone records showed a 22-second call between Higgins and Brian Albert at 2:22 a.m.; Higgins said he did not recall the calls, acknowledged the record, denied a conversation, and suggested a possible inadvertent callback.
  • Card access logs show Higgins spent most of January 29th at Canton PD, including time in the sallyport where Karen Read's vehicle was delivered as evidence.
  • Jackson establishes that Higgins selectively extracted only two text threads using a federal forensics kiosk. Higgins testified that he threw the phone away, said it was possible he removed the SIM card, and denied Jackson's allegation that the phone and SIM card were discarded in separate dumpsters on a military base.
Notable Quotes
Alan Jackson
“Did you remove the SIM card from that phone, drive onto a military base, throw the SIM card in one dumpster, and the phone in a different dumpster?”
Jackson's question advanced the defense theory that Higgins deliberately separated and discarded the phone and SIM card; Higgins denied the allegation.
Brian Higgins
“I'm pretty sure we would have hooked up.”
The quoted text was one of the exchanges the Commonwealth introduced in support of its motive theory; it records Read's message as read aloud through Higgins's testimony.
Alan Jackson
“And you did not see a 217-pound man bleeding out on the side of the road, in the lawn, or in the yard just to your right by that flag pole, correct?”
Jackson used Higgins's account of driving past 34 Fairview without seeing O'Keefe to challenge the Commonwealth's timeline; Higgins answered that he would have helped had he seen him.
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Brian Higgins — Direct

After brief jury instructions and Higgins’s call as a witness, the ATF agent described the January 28-29 timeline, Waterfall and 34 Fairview, and text messages with Karen Read offered in the prosecution’s motive theory.

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Direct
Brian Higgins Adam Lally
886 lines

Brian Higgins, an ATF special agent who maintained an office at Canton PD, testified about his movements on January 28-29, 2022. He described driving back from NYPD officer funerals in New York with Brian Albert, Kevin Albert, and Eddie Hernandez, then going to the Hillside bar and later the Waterfall, where he saw John O'Keefe and Karen Read arrive. He went to 34 Fairview Road around midnight, stayed roughly 30 minutes, and testified he never saw O'Keefe or Read at the house. Extensive text messages between Higgins and Read (January 12-29, 2022) were read into the record, revealing a flirtatious relationship initiated by Read, including discussions about her dissatisfaction with O'Keefe, an alleged incident in Aruba, a kiss at O'Keefe's house after a Patriots game, and an invitation to Read's visit at Higgins's West Roxbury apartment. The final text from Read to Higgins read 'John died.'

+1 procedural segment

Brian Higgins — Cross (Part 1)

Jackson cross-examines Higgins about Canton ties, movements, a 2:22 a.m. call, station access, text extraction, and phone disposal. Higgins acknowledged an order but denied Jackson's separate-dumpster allegation.

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Cross
Brian Higgins Alan Jackson
1899 lines

Alan Jackson cross-examines ATF agent Brian Higgins about his Canton law-enforcement ties, including his friendships with Chief Berkowitz and Brian and Kevin Albert and his office at Canton PD. Jackson questions Higgins's movements on January 28-29 and his drive past 34 Fairview without seeing anything. Phone records show a 22-second call with Brian Albert at 2:22 a.m., which Higgins attributed to a possible butt dial. Key-card logs show Higgins spent much of January 29 at Canton PD, including the sally port, and made calls to the Alberts and Berkowitz. Jackson also questions Higgins's use of a federal kiosk to extract two text threads and his later disposal of the phone. Higgins testified that he threw the phone away, acknowledged service of an order on September 30, and said it was possible he removed the SIM card. Jackson asked whether the phone and SIM card were discarded in separate dumpsters on a military base; Higgins denied that allegation.

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