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

Higgins Testimony Addresses Fairview Road, Text Messages, And Phone Records

Judge Beverly J. Cannone
6Proceedings
2Pages
1Witnesses
3,780Lines
12Sidebars
Day 17 of 35
Appearing:
Adam LallyAlan JacksonBrian Higgins

Brian Higgins testified about Fairview Road, text messages, and phone records as cross-examination addressed his phone data extraction.

Full day summary

Brian Higgins testified about his visit to 34 Fairview Road, his January communications with Karen Read, and his account that there was no sexual relationship between them. The Commonwealth introduced Higgins's text-message exchanges with John O'Keefe and Read. Before Read's messages were published, the judge instructed jurors that alleged statements by Read could be considered only for her state of mind concerning her relationship with O'Keefe and potential motive. On cross-examination, defense counsel questioned Higgins about phone and keycard records, his departure from Fairview Road, and the extraction and later disposal of his phone. Higgins disputed that a phone-record entry reflected a conversation with Brian Albert and testified that he selected and provided two text threads to law enforcement after receiving guidance on the extraction process.

Notable Moments

Brian Higgins Cross-Examination: Phone Records, Access, and Phone Disposal

Phone records were marked Exhibit QQ for identification. Higgins acknowledged the records reflected a one-second incoming call from Brian Albert and a 22-second outgoing call 17 seconds later, while maintaining he did not have a conversation.

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Brian Higgins Cross-Examination: Phone Records, Access, and Phone Disposal

Higgins testified that he selected two text threads for extraction from his phone with guidance from Matt Kelch, later turned those strings over to law enforcement, and no longer had the phone.

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Notable Quotes
Brian Higgins
“I did not have a 22-second call with Brian Albert. There was no conversation.”
Higgins disputed the defense's characterization of the phone-record entry while acknowledging the records elsewhere.
Brian Higgins
“He walked me through on how I could pull the text string with John O'Keefe and the defendant. He walked me through the process, how to use the machine.”
Higgins described how he extracted selected text strings from his phone.
Video thumbnail for Day 17 — Brian Higgins 7h 52m
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1. Brian Higgins — Direct

Brian Higgins continued direct examination, describing his movements on January 28 and early January 29, 2022, and testifying about text exchanges with John O'Keefe and Karen Read.

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Procedural
Procedural - Motions
16 lines
sidebar
Higgins Text Message Display Format
18 lines

Counsel discussed using redacted text-message exhibits for the record while using typed transcripts to help the witness and counsel follow the material.

Direct
Brian Higgins - Direct Examination Brian Higgins Adam Lally
1089 lines

Brian Higgins described traveling from New York to Canton on January 28, 2022, meeting Brian Albert at the Hillside and later joining a group at the Waterfall. He testified that he drove to 34 Fairview Road, stayed briefly in the kitchen and living-room areas, did not see John O'Keefe or Karen Read there, and then returned to the Canton Police Department before going home. Higgins also described receiving word the next morning that O'Keefe had been found on the lawn. The Commonwealth introduced Higgins's text-message exchanges with O'Keefe and Read; after a recess to prepare a clearer copy, the judge instructed jurors that alleged statements by Read were to be considered only for her state of mind concerning her relationship with O'Keefe and potential motive. Higgins testified that Read kissed him as he left O’Keefe’s house after a Patriots game and that he interpreted the kiss as romantic. He denied a sexual relationship or any further intimate contact with Read.

2 sidebars inside this proceeding
  1. Jury Copies of Higgins Texts The court and counsel discussed clearer formats and copies of Higgins text-message exhibits so the jury could follow the communications.
  2. Redacted Text Exhibit for Jury Counsel agreed on a redacted physical copy of text messages for the jury, and the court addressed the order and marking of the message exhibit.
sidebar
Proffer Questioning Foundation
23 lines

The court addressed proposed questioning about a witness's proffer and said the stated foundation did not support admitting it.

2. Brian Higgins — Cross (Part 1)

Defense counsel cross-examined Brian Higgins about his contacts, phone records, selected text messages, and later disposal of his phone.

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Cross
Brian Higgins Cross-Examination: Phone Records, Access, and Phone Disposal Brian Higgins Alan Jackson
2553 lines

Defense counsel questioned Brian Higgins about his relationships with members of the Albert family and Chief Berkowitz, his movements on January 28-29, 2022, and his communications with Karen Read. Higgins acknowledged records reflecting calls with Brian Albert and access to the Canton Police Department, and disputed the defense's characterization of several calls and contacts. After initially denying receipt of investigative information, he acknowledged receiving taillight information from Berkowitz and Albert but maintained that he had not shared it. He testified that he extracted two selected text threads from his phone with guidance from Matt Kelch, provided those strings to law enforcement, and later threw the phone away; the judge sustained or limited a number of related questions.

7 sidebars inside this proceeding
  1. Reported Harassing Photograph Counsel discussed a reported harassing photograph connected to the witness, disclosure concerns, and whether either side would raise it before the jury.
  2. Remote Violence-Reputation Questioning The court considered defense questioning about an alleged reputation for violence and ruled that the proposed evidence was too remote.
  3. Exhibit 104A Photograph Redaction The court addressed avoiding proffer questioning and authorized redaction of a photograph of two sleeping children from pages of Exhibit 104A.
  4. Phone-Call Content Objection The court sustained an objection to questioning about phone-call contents after the witness had denied or did not remember the conversations.
  5. Interview Location Questioning The court discussed proposed questioning about an interview at the witness's lawyer's home and arrangements for redirect on Tuesday.
  6. Witness Consultation Before Questioning The court paused proceedings so the witness could consult counsel before potential questioning concerning the use of federal resources.
  7. Tuesday Counsel Accommodation The court discussed allowing another defense lawyer to continue questioning on Tuesday and planned a sidebar colloquy with the defendant.
sidebar
Tuesday Counsel and Media Arrangements
81 lines

The court confirmed the defendant's decision to proceed Tuesday without lead counsel, discussed upcoming witnesses, and noted the order barring media coverage of children's testimony.

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