Commonwealth v. Read — Trial ArchiveBrian Higgins - Direct
902 linesCOURT OFFICER: Hey, hey, hey. All persons having any business before The Honorable Beverly Cannone, Justice of the Norfolk Superior Court in and for the county of Norfolk, you are here, give your attendance, you shall be heard. God save the Commonwealth of Massachusetts. Court is now open. You may be seated.
JUDGE CANNONE: 22-117, the Commonwealth versus Karen Read. Can I have counsel identify themselves for the record?
MR. LALLY: Adam Lally for the Commonwealth. Good morning, your honor.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, your honor. Laura McLaughlin for the Commonwealth.
JUDGE CANNONE: Good morning, Miss McLaughlin.
MR. JACKSON: Good morning.
MS. LITTLE: Good morning.
JUDGE CANNONE: Good morning. Good morning.
MR. YANNETTI: Good morning.
JUDGE CANNONE: So I have to ask you those same three questions. Were you all able to follow my instructions and refrain from discussing this case with anyone since we left here on Wednesday? Everyone said yes and noted it affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation in this case? Everyone said yes and noted it affirmatively. Did anyone happen to see, hear, or read anything about this case since we left? Everyone said no. Thank you. All right, Mr. Lally, your next witness please.
MR. LALLY: Yes, may we approach? Just briefly, my apologies.
PARENTHETICAL: [sidebar]
COURT OFFICER: Please, Mr. Lally.
MR. LALLY: Yes, Your Honor. The Commonwealth call Mr. Brian Higgins to the stand.
COURT CLERK: Mr. Higgins, do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. HIGGINS: Yes, I do.
JUDGE CANNONE: Thank you. Good morning.
MR. HIGGINS: Morning.
JUDGE CANNONE: Come here. Good morning. Anytime you're ready, Mr. Lally.
MR. LALLY: Thank you, your honor. Good morning, sir.
MR. HIGGINS: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. HIGGINS: My name is Brian Higgins. H-I-G-G-I-N-S.
MR. LALLY: And where do you live, sir?
MR. HIGGINS: Barnstable County, Massachusetts.
MR. LALLY: And how long have you lived there?
MR. HIGGINS: I've owned that property since approximately 2018.
MR. LALLY: And do you work, sir?
MR. HIGGINS: I do.
MR. LALLY: What do you do for work?
MR. HIGGINS: I'm a special agent with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
MR. LALLY: And how long have you been doing that?
MR. HIGGINS: Just over 15 years now.
MR. LALLY: So prior to that, prior to your appointment with the ATF, what, if any, other positions — what did you do for work before that?
MR. HIGGINS: I was a lieutenant with the Cambridge Fire Department.
MR. LALLY: And how long were you a lieutenant with the Cambridge Fire Department?
MR. HIGGINS: I was a lieutenant probably for about eight years total. I was with Cambridge approximately 15 years.
MR. LALLY: Now, at some point, did you reside in the town of Canton?
MR. HIGGINS: I did.
MR. LALLY: And when was that — sort of what year to what year?
MR. HIGGINS: I think that it was shortly after my sister passed away, so it was probably 2017. I purchased that house and I sold it in January of 2022.
MR. LALLY: And you recall, was that early January, late January?
MR. HIGGINS: On or about January 5th.
MR. LALLY: And when you sold that property, did you move down to Barnstable County, or did you live somewhere else as well?
MR. HIGGINS: For a period of time, I rented an in-law apartment in West Roxbury, and I had my property on Cape Cod as well.
MR. LALLY: And that in-law property in West Roxbury — that was in 2022 as well?
MR. HIGGINS: Yes.
MR. LALLY: Now, sir, if I could turn your attention to January 28th, 2022, into January 29th of 2022. You recall those dates?
MR. HIGGINS: Yes.
MR. LALLY: Do you recall what days of the week those were?
MR. HIGGINS: I believe the 28th was a Friday.
MR. LALLY: Friday?
MR. HIGGINS: And the 29th was a Saturday.
MR. LALLY: If I could take you back just at least a day or so before that — on the specific date of the 28th, where were you on that date initially?
MR. HIGGINS: New York City.
MR. LALLY: And why were you in New York City, sir?
MR. HIGGINS: I was in New York City for the funeral services of Officers Mora and Rivera, who were killed in the line of duty.
MR. LALLY: And fair to say there was a large contingent of law enforcement there?
MR. HIGGINS: Yes.
MR. LALLY: Including several people from Massachusetts?
MR. HIGGINS: Yes.
MR. LALLY: And when did you go down to New York?
MR. HIGGINS: I believe it was the 27th — might have been Thursday.
MR. LALLY: So was there a wake and a funeral?
MR. HIGGINS: There was a wake and a funeral. Some people went to the wake, some people went to the funeral. There were services over those couple of days.
MR. LALLY: And you went to the funeral on the 28th, is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And at some point, do you make your way from New York City back towards Massachusetts on the 28th?
MR. HIGGINS: Yes.
MR. LALLY: And do you recall about what time of day that was?
MR. HIGGINS: Late morning, possibly.
MR. LALLY: And why is it that you were coming back on the 28th specifically?
MR. HIGGINS: The anticipation of a blizzard.
MR. LALLY: And you drove — is that correct?
MR. HIGGINS: I drove my government vehicle down to New York for the services.
MR. LALLY: And what kind of government vehicle was it that you drove down and back?
MR. HIGGINS: That was a Dodge Ram pickup.
MR. LALLY: Now, on the way back, did anyone come with you for the ride back from New York City to Massachusetts?
MR. HIGGINS: Brian Albert, Kevin Albert, and Eddie Hernandez.
MR. LALLY: And who are they to you, and what, if any, relationship do they have to your work in law enforcement?
MR. HIGGINS: Well, first and foremost, they're all friends. Kevin Albert is a detective with the Canton Police Department. Brian Albert was a sergeant detective with the Boston Police Department. Eddie Hernandez, also a detective with the Boston Police Department.
MR. LALLY: And how long had you known each of these individuals?
MR. HIGGINS: So out of the group, Eddie Hernandez would be the person that I knew the longest. I had worked with him back in the early '90s at Mass General. Then it would probably be Brian Albert. I may have had some contact with him when I was on the Cambridge Fire Department assigned to the fire investigation unit. And then Kevin Albert would probably be the last of the three that I knew.
MR. LALLY: Now, speaking to the Canton Police Department at that time — as far as your assignment went with work, where was it that you worked out of, or where was sort of your base of operation?
MR. HIGGINS: Sort of Canton PD. I had an office there.
MR. LALLY: And how was it that you came to have an office in Canton PD?
MR. HIGGINS: That relationship was through Chief Berkowitz. It was born through a tragedy when my sister passed away. We became friends and he offered up the space because I had also moved there, so it was close — it was a jumping off point.
MR. LALLY: And were you the only federal agent that had space within the Canton Police Department?
MR. HIGGINS: I was the only one that had an office. I believe it was an HSI agent that might have had some access there — to come in, hook up his computer and stuff — and there was also an MBTA police detective, transit police detective, who also had access there. But I was really the only one that maintained a desk, so to speak.
MR. LALLY: And as far as your work, or familiarity with work as far as federal law enforcement officers — is that abnormal to have access to a local PD, or have an officer desk there?
JUDGE CANNONE: I'll allow it.
MR. HIGGINS: No, it's not abnormal to have space within a department that you work closely with.
MR. LALLY: Now, as far as the ride back is concerned — when you drive from New York City back to Massachusetts, about how long a drive was that?
MR. HIGGINS: So typically it'd be about a four-hour ride, depending on traffic. This was longer, and I would also factor in the fact that we stopped to eat on the way back.
MR. LALLY: And when you arrived back to Massachusetts, where specifically in Massachusetts is it that you first go?
MR. HIGGINS: So the first place that we went was a Boston Police Department district in Charlestown, where Brian Albert and Eddie Hernandez had parked their vehicles.
MR. LALLY: Now, as far as you know, had they driven down to New York City, or how did they come to be in New York City, if you know?
MR. HIGGINS: I believe that Brian Albert, Eddie Hernandez, and Kevin Albert all flew down to New York.
MR. LALLY: And they drove back with you because of the storm — is that fair to say?
MR. HIGGINS: Yes.
MR. LALLY: Now, after dropping them off there, where did you go from there?
MR. HIGGINS: I went back to the Canton Police Department, where I dropped off Kevin Albert, then switched vehicles, got into my Jeep Wrangler, and I traveled up to the Hillside in Canton.
MR. LALLY: Now, as far as traveling up to the Hillside in Canton — who, if anyone, did you have plans with, or who, if anyone, did you coordinate with as far as going to the Hillside?
MR. HIGGINS: Brian Albert agreed to meet me there.
MR. LALLY: And as far as switching from your government vehicle to a personal vehicle — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And why did you do that before going to the Hillside?
MR. HIGGINS: Because I was technically no longer on duty, so to speak — even though I had been at a funeral — but I knew I would be consuming alcohol and we have a policy against that.
MR. LALLY: Now, as far as vehicles related to you — whether they be personal or work — and the Canton PD, how many vehicles did you have at that location?
MR. HIGGINS: Uh, so I would have had my government truck that I parked there, I would have had a surveillance vehicle that I parked there, and at times it would sometimes flip in and out between a pickup truck that I had and the Jeep itself.
MR. LALLY: And the Jeep that you were driving that night, can you describe the Jeep — sort of what it looked like, what kind of Jeep it was?
MR. HIGGINS: So it's a 2011 Jeep Wrangler, green color, and at the time that I was driving it on the 28th and the 29th, the next day, it had a plow on it.
MR. LALLY: And the plow that you had fixed to the Jeep Wrangler — is that — how big a plow are we talking about?
MR. HIGGINS: If I was to guess, it was probably 6 feet 8 inches. They — I believe they make them in two formats, 68 and I think 72, but I believe I have the smaller blade on that Jeep.
MR. LALLY: And how often — was that like a year-round thing, or how often, about when would you have that plow fixed to the Jeep?
MR. HIGGINS: Inclement weather or impending inclement weather.
MR. LALLY: And is that something that you used — as far as what if any use did you put the plow on the front of the Jeep?
MR. HIGGINS: To help family and friends clear the property at the cape. I had used it when I had it in Canton.
MR. LALLY: And so you go to the Hillside — do you know about what time it was that you got there?
MR. HIGGINS: No, again it would have been after I dropped off Kevin Albert. It definitely would have been dark at that time.
MR. LALLY: And the Hillside — is that an establishment that you're familiar with, you had been there before?
MR. HIGGINS: Yes.
MR. LALLY: And about how long was it after you arrived that Brian Albert arrived?
MR. HIGGINS: Shortly thereafter, probably — because he was — I had traveled back, dropped the vehicle off. He may have even beat me there because I went to the station and dropped Kevin off, but I don't think it was contemporaneous, but it was in close proximity.
MR. LALLY: And once you got to the Hillside, how long were you there and how long was Mr. Albert there?
MR. HIGGINS: So I had something to eat, I had something to drink. The approximate time — maybe an hour or so — and then Brian left before me. I remained. He left.
MR. LALLY: And if you know, about how long before you left was it that Brian Albert left?
MR. HIGGINS: Can you repeat that again?
MR. LALLY: Sure. Brian Albert left before you, correct?
MR. HIGGINS: Yes.
MR. LALLY: About how long before you left was it that Brian Albert left?
MR. HIGGINS: Maybe 15 minutes.
MR. LALLY: And you had some drinks at the Hillside, is that correct?
MR. HIGGINS: I did.
MR. LALLY: And do you recall what you drank that night?
MR. HIGGINS: Usually what I drink all the time — Jameson and ginger.
MR. LALLY: And as far as where Mr. Albert was going, what if any conversation did you have about that?
MR. HIGGINS: He had told me that he was going down to the Waterfall Bar & Grille, which is in Canton Center, and that he'd be meeting his wife and some family and maybe some other people.
MR. LALLY: And you were invited to come along?
MR. HIGGINS: Yes.
MR. LALLY: Now the Waterfall — that's an establishment you're familiar with, you've been there previous times as well?
MR. HIGGINS: Yes.
MR. LALLY: And with respect to this evening, so you leave from the Hillside and you go directly to the Waterfall?
MR. HIGGINS: Yes.
MR. LALLY: And if you know, about what time was it that you got to the Waterfall?
MR. HIGGINS: Again, it was dark. It could — it could have been around — now in the area — 9:00.
MR. LALLY: And when you get to the Waterfall, do you recall where in relation to the Waterfall you parked the Jeep at that time?
MR. HIGGINS: No.
MR. LALLY: So you come in to the Waterfall, and where do you go?
MR. HIGGINS: I saw Brian and his family, and it was a series of high tops, and I proceeded to the high tops where they were.
MR. LALLY: Now with respect to Brian Albert, how would you describe sort of your relationship around this time of January 2022?
MR. HIGGINS: He's a good friend. He's a coworker. I had been working closely with his unit. I'd say he was a good friend.
MR. LALLY: And through that sort of work and your friendship, were you familiar with his family as well?
MR. HIGGINS: Yes.
MR. LALLY: And so when you came over to the area where Brian Albert was, his wife was there, correct?
MR. HIGGINS: Yes.
MR. LALLY: And who if anyone else was there that you were familiar with or that you knew when you came?
MR. HIGGINS: So it would have been Ryan Albert, it would have been Nicole, I believe Caitlin was there — Caitlin Albert, Brian's daughter — Chris Albert, his wife Julie. There might have been another couple, Matt McCabe and Jen McCabe.
MR. LALLY: And as far as the McCabes were concerned, how familiar were you with them?
MR. HIGGINS: Casually.
MR. LALLY: Now at some point you come in, you join the group, is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And how would you describe, throughout the entirety of the evening or your time at the Waterfall, how would you describe sort of the mood or demeanor of the group within the bar?
MR. HIGGINS: It was a good time. No arguments or anything like that.
MR. LALLY: That you observed from anybody that was present?
MR. HIGGINS: No, it was a good time. And there was a band.
MR. LALLY: And if you recall, about what time was it that you left?
MR. HIGGINS: I would say right around when the band was wrapping up, so it was probably closer to midnight.
MR. LALLY: Now prior to that, at some point between the time that you arrived and the time that the band's wrapping up and you're preparing to leave, who if anyone else that you were familiar with came into the Waterfall?
MR. HIGGINS: John O'Keefe and the defendant.
MR. LALLY: And just to be clear, when you're referencing the defendant, what is her name?
MR. HIGGINS: Karen Read.
MR. LALLY: And just to be clear for the record, do you see Miss Read in the courtroom today?
MR. HIGGINS: I do.
MR. LALLY: Could you identify just where she's seated or an article of clothing that she's wearing?
MR. HIGGINS: She's seated between attorneys Jackson and Yannetti.
MR. LALLY: Just ask that the record reflect identification of the defendant by the witness.
JUDGE CANNONE: Yes.
MR. LALLY: Now with regard to Mr. O'Keefe, starting there — as far as how long had you known Mr. O'Keefe?
MR. HIGGINS: Maybe a year, a little over a year.
MR. LALLY: And do you recall how it was, or where it was, that you first met Mr. O'Keefe?
MR. HIGGINS: I believe it was actually the Hillside.
MR. LALLY: And how often would it be that you saw Mr. O'Keefe or socialized with Mr. O'Keefe?
MR. HIGGINS: I would see him at the Hillside.
MR. LALLY: And as far as — were you familiar with what Mr. O'Keefe did for work?
MR. HIGGINS: Yes.
MR. LALLY: And what were you familiar with him doing for work?
MR. HIGGINS: He was a Boston police officer.
MR. LALLY: And with reference to Miss Read, how long had you known the defendant?
MR. HIGGINS: It would be about the same time, and — or as long.
MR. LALLY: And so roughly, what was your understanding as far as the relationship between Mr. O'Keefe and Miss Read?
MR. HIGGINS: They were dating.
MR. LALLY: Now with reference to occasions — would there be occasions typically where you would see Mr. O'Keefe without Miss Read, or you would see Miss Read without Mr. O'Keefe, or were they essentially together when you saw them?
MR. HIGGINS: I would say more often than not they'd be together.
MR. LALLY: And did you have occasion to see them at other sort of social settings outside of the Hillside?
MR. HIGGINS: I went over the house one time before the end of a Patriots game.
MR. LALLY: So if I could take you back — let me ask you this. As far as through — how would you describe your relationship with John O'Keefe?
MR. HIGGINS: I considered him a friend.
MR. LALLY: And how would you describe your relationship with Miss Read?
MR. HIGGINS: I considered her a friend as well.
MR. LALLY: Now through the course of time that you knew them, did you have occasion to get their contact information and have communication with each of them through their phones?
MR. HIGGINS: I had John's — John and I had exchanged telephone numbers.
MR. LALLY: And with reference to those communications, were they texts, were they phone calls, or various?
MR. HIGGINS: Oh, they would be texts.
MR. LALLY: And as far as the text communications that you had, you received this contact information, you texted, someone replied — how did you know that that was John O'Keefe that was replying to you?
MR. HIGGINS: Well, I had him saved in my phone, "John O'Keefe." I don't know exactly where he gave me his phone number, but I knew it was him.
MR. LALLY: Now on that evening, taking you back to the Waterfall, January 28th into January 29th, do you know about what time it was that Mr. O'Keefe and the defendant came into the Waterfall?
MR. HIGGINS: It would have been, I think, between like 11 and closing.
MR. LALLY: And do you recall sort of where you were situated in reference to the table when they came in?
MR. HIGGINS: I think I was at the high top in the bar area closest to the bar.
MR. LALLY: And when Mr. O'Keefe and Miss Read came into the Waterfall, what if anything did you observe? Where did they go when they first came in?
MR. HIGGINS: So when they first came in, I believe they may have initially veered off in different directions. I recall that she opened her coat and took a drink out of it — a glass, I should say.
MR. LALLY: And what if any observations did you make of the glass that Miss Read took out of her coat?
MR. HIGGINS: It was a tall glass. It looked like a clear liquid in there.
MR. LALLY: And at some point did you come to find out where Mr. O'Keefe and Miss Read had been prior to coming to the Waterfall? Are you familiar with another establishment in Canton called C.F. McCarthy's?
MR. HIGGINS: Yes.
MR. LALLY: Is that a place that you've been to before?
MR. HIGGINS: Yes.
MR. LALLY: Now as far as the glass that you saw, with reference to the Waterfall and/or C.F. McCarthy's, what if any observations did you make of it?
MR. HIGGINS: Well, that it wasn't from the Waterfall.
MR. LALLY: And what makes you say that?
MR. HIGGINS: Well, she walked in with it and took it out of her coat. It wasn't consistent with the type of glasses that the Waterfall had.
MR. LALLY: And so let me just ask one further question in regards to that. So when you say it wasn't consistent, what was it about it that made it inconsistent with glasses from the Waterfall?
MR. HIGGINS: I believe it was a tall glass and kind of like bubbles on the side of it, so to speak — like the design.
MR. LALLY: Now after you make those... — observations. Uh, at some point over the course of the time that you were at the Waterfall, and they were there as well, did you have occasion to uh have a conversation with Mr. O'Keefe?
MR. HIGGINS: I did. I don't know if it was initially when he first came in, um, but I did have a brief conversation with him. As to the content, I don't recall what that was — just small talk, greetings.
MR. LALLY: And with regard to Miss Read, during your time at the Waterfall, what if any conversation did you have with her?
MR. HIGGINS: I did not have any.
MR. LALLY: Now, at this point in time on uh this date, did you have uh Miss Read's cell phone information?
MR. HIGGINS: I did not.
MR. LALLY: Um, at the time that you were at the Waterfall — do you recall sending a text? Or — oh, I'm sorry —
MR. HIGGINS: Can you repeat that question again?
MR. LALLY: Um, at this time — I know we've jumped around a couple of days — but at this time that you were at the Waterfall, on the 28th or the 29th, did you have Miss Read's contact information?
MR. HIGGINS: Yes, I did.
MR. LALLY: Okay, and at some point uh over the course of the evening while you were at the Waterfall, did you send a text to Miss Read?
MR. HIGGINS: I did.
MR. LALLY: And do you recall what the substance of that text was?
MR. HIGGINS: I think it was something like — um — well —
MR. LALLY: And do you recall, as far as that text message, or why you would have sent that?
MR. HIGGINS: To be honest with you, I — I guess you could view it as a flirty text.
MR. LALLY: Now, around midnight or so when you leave the Waterfall — uh, well, I'm sorry, let me take it back just one step. Um, at some point over the course of the evening while you're at the Waterfall, what if any discussion is there around the table as far as next steps or where to go from there?
MR. HIGGINS: Well, there was talk at the table. I think initially about going back to Chris Albert's pizza shop to have some food and drink, and at some point that transitioned into going back to Brian Albert's house.
MR. LALLY: And uh, as far as the invitation to go back to Brian Albert's house, uh, was that something that was extended to the entirety of the table?
MR. HIGGINS: It — it's — I took it as an open — — invitation to the people that were together at the table. Yes.
MR. LALLY: And uh, Mr. Albert's house — is that somewhere that you had been to before?
MR. HIGGINS: I had been there — uh, the twins' graduation party, which was outside in the backyard. And I think I may have dropped him off on one occasion, I may have dropped something in his mailbox, but those would be the only other times.
MR. LALLY: Um, and are you familiar, at least now, with the address, and sort of where you were going — did you know where you were going that night?
MR. HIGGINS: I knew where I was going. Yes.
MR. LALLY: And the address was 34 Fairview?
MR. HIGGINS: That is correct. Yes.
MR. LALLY: And um, about what time — about midnight or so — when you're leaving, um — — who if anyone was leaving uh the bar around the same time?
MR. HIGGINS: I mean, I think pretty much everybody was wrapping up and leaving. Uh, I know that I beat Brian and Nicole back to the house.
MR. LALLY: Now, as far as the time at the Waterfall, um, with reference to either Mr. O'Keefe or Miss Read, uh, what if any observations did you make in regard to what they were drinking that night?
MR. HIGGINS: I think John was having beer — is his typical, what I would see him with — and um, the defendant had, you know, glasses.
MR. LALLY: And do you recall her ever — at any point that you were there, if you recall — uh, drinking out of a glass different than the one she took out of her coat — — when she first arrived?
MR. HIGGINS: I don't recall.
MR. LALLY: Um, now, you drove from the Waterfall to Fairview Road — about how long a drive was that?
MR. HIGGINS: Probably a few minutes. But the weather — you know — I remember when I came out I put the wipers on, there was some snow on the ground, but it was the type of snow where the roadway was still black at the time because it was being driven on, but the sidewalk had a light coating.
MR. LALLY: And you drive over to the home, and uh, you mentioned that you beat Mr. Albert there — is that correct?
MR. HIGGINS: I did.
MR. LALLY: And so, with regard to the home, when you get there — what did you do when you got there?
MR. HIGGINS: Well, I was kind of being a — — smart ass, and I dropped the plow and I did a little sweep of the driveway, and then I got out of the driveway 'cause I didn't want to get uh blocked in, and I parked.
MR. LALLY: And uh, do you recall where you parked in relation to the house?
MR. HIGGINS: I do — by the mailbox.
MR. LALLY: Your Honor, with the court's permission, if I could uh publish what's been marked as Exhibit 72?
JUDGE CANNONE: Okay.
MR. LALLY: And uh, Mr. Higgins, do you recognize what's up on the screen there?
MR. HIGGINS: I do.
MR. LALLY: And what do you recognize that as?
MR. HIGGINS: 34 Fairview Road. Yes. Correct. [unintelligible]: Just press —
MR. LALLY: So, Mr. Higgins, with that laser pointer now in your hand, if you could uh direct the jury's attention to — in this photograph — where you parked your Jeep?
MR. HIGGINS: So the back end of the Jeep — — would have been right around the mailbox itself, and the edge of the driveway is right there. I wanted to make sure that I was not blocking the driveway or blocked in.
MR. LALLY: And uh, so the front of your vehicle would have been pointed in which direction?
MR. HIGGINS: I believe that'd be going towards Chapman Street.
MR. LALLY: And so this part of your vehicle was closest to um the house — driver's side or the passenger side?
MR. HIGGINS: So the passenger side would be um closest to the house.
MR. LALLY: You park along the front of the house, sort of — correct?
MR. HIGGINS: Yes.
MR. LALLY: You can take that down, thank you. Uh, so you arrive at the house — uh, you do um — as far as the maneuver with — — the plow in the driveway, then you park the vehicle, and where is it that you go from there?
MR. HIGGINS: Uh, into the house.
MR. LALLY: And when you get into the house, uh, who if anyone is there, or who if anyone is coming in with you?
MR. HIGGINS: So I might have been there — well, it was about the same time that Brian and Nicole showed up. I don't know if they entered before me or I entered after them. I entered the house — what I recollect is that Brian Albert Jr. is sitting uh kind of at the island, or in the island area, and I believe he was flanked by at least one female, possibly two, one on each side.
MR. LALLY: And either of those uh females — did you — did you know them? Did — — you recognize them? Did you know who they were?
MR. HIGGINS: I may have recognized one — I've seen her before — but I didn't know them.
MR. LALLY: And just lastly, before we go back into the house — when you park, um, when you do the first plowing in the driveway and then parking, um, did you see Mr. Albert arrive at the house around that time?
MR. HIGGINS: What — when I parked the Jeep? Yeah — well, yes. So I made the sweep, and as I could see the vehicle coming up, I made the sweep, got out of the way so he could park — so he had parked in the driveway around the time that I was parking on the street.
MR. LALLY: Yes. Okay. Um, and so when you come to the house, and you see the people that you've described — — where were they situated within the house?
MR. HIGGINS: So I came through what I would call like a breezeway door. So there's a — there's a front door to the residence, there's the garages, and in between there is a um like a breezeway door. I came in through there, and it's kind of like you're in the kitchen — I think there's like an island so to speak, you may be able to sit at it — and they were — he — Brian Albert Jr. was right there, and again flanked by one if not two females.
MR. LALLY: Now, at some point uh after your arrival, who if anyone else uh that you were familiar with came by the house?
MR. HIGGINS: I believe it was Jen and Matt McCabe.
MR. LALLY: You know about how long it was after you — — arrived that they arrived?
MR. HIGGINS: No, I don't — approximately — I mean, I don't think it was much longer, people started, you know, floating in at that point.
MR. LALLY: And uh, beyond uh sort of the kitchen area that you were describing before, where else did you go within the house that night?
MR. HIGGINS: At one point, briefly, Brian Albert showed me some photographs — family, I believe — primarily, it might have been of his son, who had recently — gone into the Marine Corps, I should say.
MR. LALLY: And uh, do you recall — or, why was he showing you specifically those photographs of his son in the Marine Corps?
MR. HIGGINS: Because he's proud.
MR. LALLY: Now — let me ask you this — as far as yourself and/or Mr. Albert, what if any familiarity or what if any background do you or Mr. Albert have with regard to the military?
MR. HIGGINS: Brian was in the Marine Corps. I was in the Army.
MR. LALLY: Um, now this period um that you're talking about, in the other room — um, about how long a period was that?
MR. HIGGINS: It was — it was brief.
MR. LALLY: And beyond yourself and Mr. Albert, was there anyone else uh from the group that you described that was in the room at the same time as as you and Mr. Albert?
MR. HIGGINS: I don't think so. I think Nicole may have popped in for a second, but I'm not 100% positive on that.
MR. LALLY: And as far as — do you know approximately what time you left uh the house on on Fairview that evening?
MR. HIGGINS: I'd say it was — — anywhere between 12:30 and 1:00, but I'm not 100% positive.
MR. LALLY: So, relatively short period of time — is that correct?
MR. HIGGINS: It it was a short period of time. Um, I knew kind of from the onset when I got in there it probably wasn't going to be a long time, because I'm not a beer drinker and that's what they had, so I was probably one of the first people to leave.
MR. LALLY: Now, for that entirety of the time that you were there, did you go anywhere else within the home beyond what you've described as far as the kitchen in the living room?
MR. HIGGINS: No.
MR. LALLY: Did you go upstairs at any time?
MR. HIGGINS: No.
MR. LALLY: Did you go downstairs in any sort of basement area at any time?
MR. HIGGINS: No. And —
MR. LALLY: When you exited the home, uh, do you recall which of the two doors that you described that you would have exited from?
MR. HIGGINS: The same door I came in — the breezeway.
MR. LALLY: Now, during the time that you were there, um — similar to what I asked about the Waterfall — how would you describe sort of the mood or or demeanor within the home?
MR. HIGGINS: It was — it was fine there. I mean, everybody was happy.
MR. LALLY: Um, at any point in time uh while you were at 34 Fairview, do you uh — any of the people that were in the house — do you recall seeing them go outside of the house and come back, or anything like that?
MR. HIGGINS: Not — I can't say definitively I saw anybody come in or out of the house. But — I think somebody might have been in the process of maybe being picked up.
MR. LALLY: And not anybody that you were super familiar with — is that fair to say?
MR. HIGGINS: I think it was one of the females.
MR. LALLY: Now, with respect to the front of the house, at any point in time that you were inside of the house, was your attention drawn, or did you look out the windows or the door or anything like that?
MR. HIGGINS: No.
MR. LALLY: And when you were in the kitchen area, do you recall sort of how you were positioned in relation to the windows facing the front of the house?
MR. HIGGINS: So I would have had my back to that area. My back to the door that I came in.
MR. LALLY: And specifically with reference to Mr. O'Keefe and Miss Read — at any point in time did you see either of them inside the house, or outside of the house, or around the house, or anywhere around 34 Fairview Road?
MR. HIGGINS: Absolutely not, no.
MR. LALLY: And at any point in time, over the course of the evening, what if any communication or text or anything did you send to either of those two people while you were at the house on Fairview?
MR. HIGGINS: While I was at the house, I think I shot a text just to John — "where are you" — I think that's what it was.
MR. LALLY: And if you recall, did you ever get a response to that text?
MR. HIGGINS: No, there was no response.
MR. LALLY: So after you left the Waterfall, when you left the Waterfall, was Mr. O'Keefe and Miss Read, the defendant, still there?
MR. HIGGINS: I can't say 100%. No.
MR. LALLY: But after you left the Waterfall, at any point in time, did you speak to, text with, or communicate in any way, shape, or form, or see in any way, shape, or form, either Mr. O'Keefe or Miss Read?
MR. HIGGINS: Well, again, the only person I shot the text to while I was at the house was John. But after I left the Waterfall, I never saw John O'Keefe or the defendant again.
PARENTHETICAL: [unclear]
MR. LALLY: and do you recall who amongst the group was still at the house at the time you left?
MR. LALLY: Now, when you left from the residence — and again, you're not sure what time that was, between 12:30 and 1:00 —
MR. HIGGINS: I think I was probably the first person to leave.
MR. LALLY: So all of the other people that you've described would have still been in the house when you exited from the house?
MR. HIGGINS: Yes.
MR. LALLY: Now, you indicated earlier that you're familiar with Mr. Albert and his family to some extent, correct?
MR. HIGGINS: Yes.
MR. LALLY: Have you been to his house for a graduation party for his twins?
MR. HIGGINS: Yes.
MR. LALLY: Through that, at any point in time prior to this date, did you become aware or familiar with Brian Albert's nephew Colin Albert?
MR. HIGGINS: I know the name, and I know that he is one of the sons of Chris Albert.
MR. LALLY: Are you familiar with what he looks like? If he walked in here right now —
MR. HIGGINS: I wouldn't know.
MR. LALLY: You would not know.
MR. HIGGINS: No.
MR. LALLY: And beyond the people that you've described as far as seeing at 34 Fairview Road, fair to say you don't recall anybody being introduced or identified as Colin Albert?
MR. HIGGINS: No.
MR. LALLY: Now, you exit from the home through the Breezeway door and go over to your vehicle — is that right?
MR. HIGGINS: Yes.
MR. LALLY: And from the time that you entered the home to the time now that you're exiting from the home, what if any change did you note as far as the weather?
MR. HIGGINS: Just that the weather was getting worse — the snow was picking up.
MR. LALLY: And as far as the accumulation that you had described before — you could still see the blacktop and all that when you left the Waterfall — what was it like when you came out of the house?
MR. HIGGINS: Again, I think that the streets that weren't being traveled — there was snow on them, there was coverage.
MR. LALLY: And as far as the front lawn area of the house at 34 Fairview Road, what if any observations did you make of that?
MR. HIGGINS: Can you rephrase that?
MR. LALLY: Sure. As far as the snow was concerned, was the snow sticking to or accumulating on the lawn as well?
MR. HIGGINS: I believe so. I mean, when I walked from the Breezeway to the Jeep, there was snow on the ground.
MR. LALLY: Now, the front yard area of the house — is that something that you were looking at with any particularity, or taking note of, as you were walking back to your Jeep?
MR. HIGGINS: No. It was a long day, we had been on the road, I just was looking to get home.
MR. LALLY: And so when you get to your Jeep, can you describe to the jury sort of how it was that you pulled away, or what if anything you recall about that process?
MR. HIGGINS: So I got in the Jeep, you know, started it up, may have looked at my phone, put it in drive, and started to pull away. And then I'm like, "put the plow up." So I reached — I moved a couple of feet, I heard it grinding on the ground, reached for the device called the fish stick, picked it up, lifted the plow, and then drove away.
MR. LALLY: And the plow that you had fitted for the front of the Jeep — I think you've talked a little bit about it — but how is that sort of controlled, and who controls that?
MR. HIGGINS: So the operator controls it. The mechanism to control it, again, is called a fish stick. It's on a cord and it plugs in under the dashboard. I reach down to find it — I don't know if it was on the floor or between the seats — but it's not like a joystick that's attached to the dashboard.
MR. LALLY: So some sort of hydraulic system — is that correct?
MR. HIGGINS: Yes, it's hydraulic-based.
MR. LALLY: Now, in addition to moving it sort of up and down, is there any other way that you can manipulate the blade as far as that switch is concerned?
MR. HIGGINS: Yeah, so if — I would generally, if I'm driving around town and not worried about the vehicle heating up, I just lift the plow off a couple feet off the ground. If I was on the highway, I would tilt it to get airflow.
MR. LALLY: And as far as height is concerned for that plow — if you were to lift it all the way to the top, what if any impact would that have with reference to your line of sight or visibility through the windshield?
MR. HIGGINS: Zero.
MR. LALLY: So even if it's raised all the way as far as it can go, you can still see over the top of the blade?
MR. HIGGINS: Yeah. If it comes even with the hood of the Jeep, I'd be surprised.
MR. LALLY: So you pull forward a couple of feet and then you lift it — about how high did you lift it when you stop and then lift up?
MR. HIGGINS: Probably like a foot or two.
MR. LALLY: And following that, you pull away from the house — is that right?
MR. HIGGINS: Correct.
MR. LALLY: And as you're pulling away from the house, where is your attention drawn, or what if anything did you see as you're pulling away from the house?
MR. HIGGINS: Wasn't drawn to anything. I just drove away.
MR. LALLY: And when you drove away, during that process did you see anything outside of the house that drew your concern or attention or anything like that?
MR. HIGGINS: No.
MR. LALLY: Now, as far as when you get out to your vehicle and you're driving away, were there any other vehicles on the street that you saw in the area of the residence at 34 Fairview?
MR. HIGGINS: I didn't see any.
MR. LALLY: And do you recall whether or not there were any tire tracks in the snow or anything that you saw when you came out to the vehicle, if you recall?
MR. HIGGINS: I do not recall.
MR. LALLY: Now, you leave the residence at 34 Fairview — and where did you go from there?
PARENTHETICAL: [unclear]
MR. HIGGINS: would get after me. As a courtesy, I was parking vehicles there — sometimes my personal, but primarily my work vehicles. And one thing he asked me: just leave the vehicles in the middle of the parking lot so that snow could be cleared. So the reason for heading back there was to move those vehicles, because if I didn't do it then, I would have had to get up early and do it. And I also know they plow through the night, so that would be the reason for heading back.
MR. HIGGINS: I went back to the Canton police.
MR. LALLY: And why was it that you went back to the Canton police station?
MR. HIGGINS: Well, we had traveled down for the services for those police officers, and we anticipated staying the following day. I think I had said that we left the day earlier, so I had left a key to the surveillance vehicle on top of my desk so that somebody could move the vehicle — because a lot of times Chief
MR. LALLY: Before we get a little more into that — as far as the funeral that you went to, are these people that you knew, or had met, or were familiar with?
MR. HIGGINS: No.
MR. LALLY: So you get back to the police station. With regard to the Canton police station, what if any access did you have to the Canton PD, and sort of how did you facilitate that?
MR. HIGGINS: So I would describe it as a proximity card. The doors have card readers. Generally, in the parking lot — when you come into the police station, you drive in, sally ports are off to your right-hand side. There's two bay doors, a pass-through door, and then over in the corner, typically I would park both vehicles. Typically it would be my take-home pickup truck that I described earlier and the surveillance vehicle — but that could be swapped out with one of my personal vehicles if I left a personal vehicle there when I took one of those two vehicles. And then for me to access into the building, the most direct door would be that pass-through door by the sally port.
MR. LALLY: And is that the back area? Is that typically where you would park?
MR. HIGGINS: Yes.
MR. LALLY: And just in reference to — you talk about a surveillance vehicle: that's something that you use for conducting surveillance in the performance of your duties as a law enforcement officer?
MR. HIGGINS: Yes.
MR. LALLY: And so, fair to say that would not be something you would want to park, say, in front of the police station?
MR. HIGGINS: No.
MR. LALLY: Now, that path that you took — is that the typical path that you would take, sort of park in the back and then cut through the sallyport into the station?
MR. HIGGINS: Yes. That would be the route that I would go.
MR. LALLY: And if you recall, is that the route that you went on that particular early morning when you came back to the station?
MR. HIGGINS: I believe it is.
MR. LALLY: And when you come back to the — station, and you go in. Where are you going within the police station when you went?
MR. HIGGINS: So when — well, I'm going up to my office to grab the key for that surveillance vehicle. So when you come through that pass-through door at the sally port, the first door would be through the booking and the holding area — that directly goes into the dispatch area. But if you walk to the extreme other end, there's another door on the other end, a common hallway — walk down that hallway, hit a set of stairs, and I would go up that way. Now, if I could take it back just for a second, as far as when you initially walk into the sallyport area — that's a garage, basically. Correct? Yes.
MR. LALLY: And when you come into the garage, the door that you would then enter to come into the station — where is that in relation to the door that you come from the exterior? How far away are the two?
MR. HIGGINS: So if you come into — I guess what you're asking — so if I come into the sally port, immediately to the right there's the door that goes into the holding area, booking area. And then probably — I mean, it's probably 12 feet long to get to the other door. From where you're parking and where you come into the sallyport, it's not like you then have to walk across the garage or anything like that to get to the door into the station. Is that correct? Well, you do walk across the garage, but it's small.
MR. LALLY: And when you say small, about how far?
MR. HIGGINS: About 12 feet, maybe.
MR. LALLY: And so you come into the station — you go by the dispatch. Is that correct?
MR. HIGGINS: So as I'm walking down the hallway, dispatch would be off to the right. It's a wooden door with two glass panes.
MR. LALLY: And as far as the Canton police station is concerned, are you familiar with, or were you aware at the time, that there is sort of security and cameras around the station?
MR. HIGGINS: Yes.
MR. LALLY: And you're aware that those cameras record — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And are you aware of any records that are generated as far as your key card access when you go through a certain door at a certain time?
MR. HIGGINS: Well, I've never seen those records, but it's my understanding they — it tracks access — access control.
MR. LALLY: And did you happen to go by the dispatch area specifically? Do you know who was working there that night?
MR. HIGGINS: Newly promoted Sgt. Goode, I believe. He was probably on midnights.
MR. LALLY: Do you have any specific recollection of seeing him there that evening — or that early morning — when you came by?
MR. HIGGINS: I believe I waved to him.
MR. LALLY: And as far as when you get to the police station — how far a drive is it from Fairview to the police station, if you know?
MR. HIGGINS: Well, the weather was picking up, so it probably took me a little bit longer to get back, but it's probably 5 to 10 minutes, maybe.
MR. LALLY: Now, the key — you went to your office to get a key. Correct?
MR. HIGGINS: Yes.
MR. LALLY: And why had you left the key to one of the vehicles in the office?
MR. HIGGINS: So as I stated earlier, I anticipated not even being back in Massachusetts. I knew the storm was coming, didn't know how bad it was, but I left the key on the desk to facilitate somebody being able to move that.
MR. LALLY: And so you go to your office, you get the key — and then where did you go from there?
MR. HIGGINS: I go back downstairs and I move the vehicles to the center of the parking lot.
MR. LALLY: And then at some point you leave. Is that correct?
MR. HIGGINS: Yes.
MR. LALLY: Do you know about how long it was after you moved the vehicles around that you left?
MR. HIGGINS: Can't say — not long, but I'd be guessing if I gave you a time.
MR. LALLY: And so where did you go from there?
MR. HIGGINS: I went back to West Roxbury.
MR. LALLY: And which vehicle — of those you've described — did you use to get from Canton PD to West Roxbury?
MR. HIGGINS: The Jeep Cherokee — uh, Jeep Wrangler, sorry.
MR. LALLY: And if you know, about what time was it that you got home to West Roxbury?
MR. HIGGINS: Could have been somewhere around 2 am. I'm not 100% positive.
MR. LALLY: So sometime between 1:30 and 2:00 a.m. — is that roughly right?
MR. HIGGINS: Yes.
MR. LALLY: And when you get home, do you recall what it was that you did when you got home?
MR. HIGGINS: Well, it was — again, it was a long day. We had traveled, the traffic — it just seemed like it dragged on forever. But I think I did what I typically do after being out and having a couple of drinks. I had something else to eat, and I believe I might have had another couple of drinks, and either laid on the couch or laid on my bed. And typically I would fall asleep if I was on the couch and wake up and go into the bedroom. I don't know what location I was in at that point.
MR. LALLY: Now, after you fall asleep, at some point later that morning you obviously wake up at some point. Correct?
MR. HIGGINS: Yes.
MR. LALLY: And do you recall what it was that awoke you that morning?
MR. HIGGINS: I mean, for lack of better words, my phone — both my work and my personal phones were blowing up, they were going off.
MR. LALLY: And if you know, about what time in the morning was that?
MR. HIGGINS: Probably around 6:30-ish.
MR. LALLY: And who, if anyone — as you looked at your phones — who, if anyone, was blowing up the phone? Who was calling you?
MR. HIGGINS: Well, I think first it was Chief Berkowitz, and then Brian Albert.
MR. LALLY: And you mentioned first it was Chief Berkowitz — did you answer the chief's call at that time?
MR. HIGGINS: No.
MR. LALLY: And was that abnormal — for the chief to be calling you at that time of day?
MR. HIGGINS: No. I mean, he's an early riser, and typically when he was working — you know, again, we also had a friendship — he would call in the morning, kind of like checking in with each other. So I just kind of blew it off, like, "Why are you calling me this early?" But then when I saw Brian Albert calling me like that, it kind of caused me some concern, because I'm like, "Why is he calling me?" He's been out — he was out with me all day yesterday. We both had the same long day, and I was concerned at that point.
MR. LALLY: And so you answered the phone from Mr. Albert. Is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And what if anything did you learn from him — or what if anything did he tell you?
JUDGE CANNONE: I'm going to sustain the objection at this point.
MR. LALLY: So you receive a call from him and you have some sort of conversation. Correct?
MR. HIGGINS: Yes.
MR. LALLY: Now, prior to that — from the time that you got home to the time that you answered this call from Brian Albert — do you recall having any phone calls or conversations with anybody during that time period?
MR. HIGGINS: No.
MR. LALLY: And specifically, did you talk to Brian Albert on the phone at any point between the time you left his home and the time that you woke up the next morning to his phone call?
MR. HIGGINS: No, I did not.
MR. LALLY: Now, the previous day, over the course of it — through waking up in New York and then driving home and going to the Hillside and going to the Waterfall and going to Mr. Albert's house — had you and Mr. Albert communicated via cell phone, whether by text or phone call, at any point during the course of that day?
MR. HIGGINS: You mean the day before?
MR. LALLY: Yes. So he was fairly recent in your contacts — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And so as far as that phone call that you received from Mr. Albert — based on whatever information you learned from that — what did you do then?
MR. HIGGINS: I got dressed and went right over to the house at 34 Fairview.
MR. LALLY: And when you left your house in West Roxbury and went back to 34 Fairview, what were you driving at that point?
MR. HIGGINS: I was still in the Jeep Wrangler.
MR. LALLY: And if you know, about what time was it that you arrived back at 34 Fairview?
MR. HIGGINS: Late that morning, maybe a little after 7.
MR. LALLY: And when you arrive there, what if anything did you see?
MR. HIGGINS: I mean, I just went into the house.
MR. LALLY: As far as outside of the house — when you arrived there, what if anything did you see outside of the house?
MR. HIGGINS: I don't recall. Maybe a police car. I don't remember.
MR. LALLY: Now, with regard to the weather — when you woke up and you were driving back to 34 Fairview, what was the weather like at that point in reference to when you had gotten home to West Roxbury the night before?
MR. HIGGINS: It was real bad.
MR. LALLY: And as far as when you get to the house at 34 Fairview, sometime around 7:00 a.m. or so — where is it that you parked in relation to the home?
MR. HIGGINS: I might have went in the driveway. I don't — I don't remember specifically where I parked.
MR. LALLY: And as far as other vehicles — how many other vehicles were there — more or less — than there were when you were there the night before?
MR. HIGGINS: I couldn't say definitively.
MR. LALLY: And when you come into the house, who if anyone did you see inside the house?
MR. HIGGINS: So I saw Brian, I saw Nicole. Brian Jr. may have popped in and out of the kitchen area that I was in before. Jen and Matt McCabe. And then a short time later, Julie Albert showed up.
MR. LALLY: And when Julie Albert showed up, what if anything did you observe her to have with her?
MR. HIGGINS: Like a box of donuts or muffins or something like that.
MR. LALLY: And as far as the house — when you come in, similar to the evening before — but how would you describe the mood and demeanor of the people in the house when you arrived there later that morning, sometime around 7 or so?
MR. HIGGINS: People were pretty distraught.
MR. LALLY: And did you know why they were distraught?
MR. HIGGINS: Because John had been found on the lawn.
MR. LALLY: And is that why you had gone to the house?
MR. HIGGINS: Yes.
MR. LALLY: And when you received that information — or were informed of that — how did you receive that information, or what if any impact did that have on —
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. You can ask it differently.
MR. LALLY: When did you first learn of Mr. O'Keefe being found on the lawn at 34 Fairview?
MR. HIGGINS: During the phone call, at about 6:30 — when Brian Albert — when I spoke with him.
MR. LALLY: And what was your reaction when you received that information?
MR. HIGGINS: It didn't make sense to me. I couldn't do the math in my head because I know John O'Keefe and the defendant — they never showed up. It didn't make sense.
MR. LALLY: And from this time that you're in the house, do you recall any sort of conversation about — within the group — as far as what was going on?
MR. JACKSON: Objection.
MR. LALLY: Do you recall that there was a conversation?
MR. HIGGINS: Yes. I recall that there was conversation. And it's just that.
JUDGE CANNONE: Okay. Next question, Mr. Lally.
MR. LALLY: Now, from the time that you arrived there later on that morning, about how long a period of time were you there
MR. HIGGINS: Less than an hour.
MR. LALLY: And from there, where did you go?
MR. HIGGINS: I don't know if I went back to the police station or I went to West Roxbury. Might have been the police station.
MR. LALLY: And if you went to the police station, why would you have gone to the police station at that point?
MR. HIGGINS: Because I was still trying to put things together in my head. I was upset. Those would be the reasons.
MR. LALLY: Do you recall whether or not you were at the police station that day?
MR. HIGGINS: Yes — I'm pretty sure I was there.
MR. LALLY: And do you know about how long you were there, or about what time it was that you were there?
MR. HIGGINS: No, I couldn't say specifically.
MR. LALLY: And after you left the police station that day, where did you go from there?
MR. HIGGINS: At some point I probably went back to West Roxbury. I don't specifically remember now.
MR. LALLY: Again — maybe a fairly simple question — but as far as: you drove the Jeep Wrangler from West Roxbury back to Fairview Road that morning, correct?
MR. HIGGINS: Yes.
MR. LALLY: And then you drove that Jeep Wrangler from Fairview Road to the Canton police station at some point during the day?
MR. HIGGINS: I believe I was in that vehicle all day.
MR. LALLY: Now, at some point a few days following this, did you have occasion to meet with some troopers from the state police?
MR. HIGGINS: I did.
MR. LALLY: And do you recall who those troopers were?
MR. HIGGINS: Trooper Proctor and Trooper Bukhenik.
MR. LALLY: And were you familiar with those troopers prior to that date that you met with them?
MR. HIGGINS: So I was familiar with Trooper Bukhenik. Evidently I was — I was reminded by Trooper Proctor that I had met him before. I think I helped him on a gun recovery that he made, but I didn't remember him.
MR. LALLY: And as far as — you mentioned sort of socializing with other officers from law enforcement — had you ever socialized with either Sergeant Bukhenik or Trooper Proctor before?
MR. HIGGINS: So Trooper Proctor, no. I had seen Trooper Bukhenik on a number of occasions at a local gym. I had seen him one time at the Hillside — I had seen him one time at the Hillside. I think he might have been with his child after a sporting event. I think I said hello — I bought him a drink — but I wouldn't classify that as socializing, more being friendly. But also that area of responsibility — the South Shore, south of Boston, Cape and Islands — that's where I was assigned to a group where I would interface with people in that area. In that Norfolk CPAC office would be people that over the years I've probably dealt with.
MR. LALLY: Now, when you met with them on this day, do you recall specifically what day it was?
MR. HIGGINS: No. If I said February 3rd, would that sound about right? I would say in that area.
MR. LALLY: And when you met with them, you had a conversation — or an interview — in regard to what had transpired on the 28th and 29th, correct?
MR. HIGGINS: Yes.
MR. LALLY: And following sort of the substance of that interview, what if anything did you provide the troopers with?
MR. HIGGINS: I provided them with text messages that I had exchanged and had on my phone with John O'Keefe, and text messages that I had exchanged with the defendant.
MR. LALLY: And in what sort of format did you provide those text messages to the troopers?
MR. HIGGINS: Well, they were copies, and I believe that the format — the way to categorize it — screenshots.
MR. LALLY: And how is it that you generated these from your phone?
MR. HIGGINS: I consulted a coworker — he's also a friend — and he has training with cell phones. I told him I wanted to provide these to the state police — you know, what is the best way that I can get them off my phone and provide them to law enforcement?
MR. LALLY: And why was it that you felt it was important — or why is it that you wanted to share those with the troopers?
MR. HIGGINS: Well, I thought it was important because I've had communication with both of them, and I wanted to be fully transparent.
MR. LALLY: Now, with reference to either or both of those communications — with Mr. O'Keefe and Miss Read — the material that you provided to the troopers, what if anything did you do to that material before giving it to them?
MR. HIGGINS: Nothing.
MR. LALLY: So as far as the material — the text — that you provided to the troopers, that was what was on your phone?
MR. HIGGINS: Yes.
MR. LALLY: No excising any material, nothing like that, before you gave it to the troopers?
MR. HIGGINS: Exactly what was on my phone — I provided to them.
MR. LALLY: And specifically, as you were providing it to them — or shortly thereafter — did you have a conversation with Sergeant Bukhenik in reference to that very topic, if you recall?
MR. HIGGINS: No, I don't recall.
MR. LALLY: Do you recall him asking you anything as far as whether this was the entirety of what you had provided?
MR. HIGGINS: Oh — so I think during the actual interview he specifically asked me — I would say in sum or substance — he said, you know, is this an accurate representation, has anything been deleted? And I said no. I mean, as with respect to the text with the defendant, from the first time that she reached out to me and texted me, nothing had been deleted. As far as John's text string, we might have had older text strings that were deleted, but that was what I gave him. What I gave the troopers — what I captured — is exactly what it is. Everything that was on those phones was provided. Nothing was deleted.
MR. LALLY: And as far as when you provided these text communications to the troopers, was that something that they had asked for, or was that something you volunteered?
MR. HIGGINS: I volunteered that to them.
MR. LALLY: And upon them receiving them from you, did they have further questions beyond what they had already asked you, based on what you provided?
MR. HIGGINS: I believe they got into other specific questions, specifically in relation to John O'Keefe and the defendant — as far as intimacy and things like that. There were more detailed questions that followed.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. I'm going to show you two documents — one is 12 pages long, one is 56 pages long. If you can just look at those. Do you recognize what those are, sir?
MR. HIGGINS: I'm sorry, could you say that again?
MR. LALLY: Sure. Do you recognize what those are, sir?
MR. HIGGINS: Yes.
MR. LALLY: And what do you recognize those to be?
MR. HIGGINS: Those are the two documents that I provided to the troopers during the interview.
MR. LALLY: And the shorter one — who if anyone are those communications with?
MR. HIGGINS: O'Keefe.
MR. LALLY: And the longer one, about 56 pages long or so — who if anyone are those communications?
MR. HIGGINS: The defendant.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Okay, so we'll do them separately, please. So the first, 12-page one — May I return both of those?
JUDGE CANNONE: Yes.
MR. LALLY: I'm going to direct your attention first to what's marked as 103. Is that the communications — or text communications — that you had with Mr. O'Keefe?
MR. HIGGINS: Yes.
MR. LALLY: Sir, if I could turn your attention to the first content within that — in reference to what is the date of the first exchange in these text communications between yourself and Mr. O'Keefe?
MR. HIGGINS: Wednesday, November 24th.
MR. LALLY: And in general, can you describe for the jury what that conversation was about — on Wednesday, November 24th?
MR. HIGGINS: He basically — it's kind of hard to read, I apologize — but it looks like he just reached out to me. He said, "What's up, pal? Where are we going to hang? Local? We are going to hang local. Are you drinking?" So he's out — he's trying to see where you are and if you want to meet up.
MR. LALLY: Yes. Now, sir, if I could direct your attention to the last page within those documents you have before you. With reference to — there's some conversation on the bottom of that last page from Sunday, January 16th. Is that correct?
MR. HIGGINS: Yes.
MR. LALLY: Okay. Now, you had mentioned that with respect to Mr. O'Keefe, you had been over his house on a prior occasion to watch the Patriots, again, correct?
MR. HIGGINS: Yes.
MR. LALLY: And when was that in relation to this date that we've been talking about — as far as the 28th into the 29th — how long before?
MR. HIGGINS: So this — it was the 16th, might have been the 15th into the 16th. I believe that text on the 16th was either the same day or the day following when I had gone over there to watch the Patriots game — well, with a text where I asked if I broke his nephew's toy video game, would have been the next day.
MR. LALLY: Now, in reference to Mr. O'Keefe — you described that he was a friend of yours. Is that correct?
MR. HIGGINS: Yes.
MR. LALLY: Now, where you used to live in Canton — where was that, or how close was that in relation to where Mr. O'Keefe lived on Meadow —
MR. HIGGINS: ...far at all. Several blocks.
MR. LALLY: Now prior to you going over there for the Patriots game, at some point, had you been over to his home at any previous time?
MR. HIGGINS: So I reached out — we had inclement weather, it might have been around the beginning of January, maybe the 6th to 7th — and I shot him a text and said, do you want me to clear the driveway for you?
MR. LALLY: Oh, using the same plow that you were talking about before — you had offered to clear out his driveway?
MR. HIGGINS: Yes.
MR. LALLY: Now on this occasion that you go over there for the Patriots game — prior to that, had the two of you had any conversation, or had you been invited to go over there with reference to football games before?
MR. HIGGINS: Yes, a number of times at the Hillside. You know, I was asked, hey, we're going to watch the last half at the house, you want to come by? Things like that.
MR. LALLY: Yes. And had you ever taken Mr. O'Keefe up on any of those prior invitations to come by the house and watch it?
MR. HIGGINS: No.
MR. LALLY: And so on this particular game, do you recall why it was that you took him up on it this time and went over?
MR. HIGGINS: Well, I felt bad — I had never been over there, I've been asked repeatedly. I knew it was probably going to be the last game for the season, and I had also independently got a text, an invite from John himself, and then also from the defendant, independently.
MR. LALLY: Now in reference to you thinking it was going to be the last game of the season — do you recall, was it a regular season game, playoff game? Who were they playing? Do you recall any of that?
MR. HIGGINS: I think it might have been the Bills. I don't know if it was the playoffs — it was just another game to me. But I knew it was probably going to be the last game.
MR. LALLY: And so if you recall, that evening, about what time was it that you stopped by Mr. O'Keefe's house?
MR. HIGGINS: Oh, it was like just before the game ended — not long after — so pretty far into the second half of the game by the time I arrived.
MR. LALLY: Oh yeah. And in addition to Mr. O'Keefe, who if anyone else was at the house?
MR. HIGGINS: I believe Chris Curran and his wife might have been there at one point. I think maybe the wife left but he stayed. I believe — maybe Mr. Curran — I had never met him before. I think they introduced him as Mr. Curran's brother, and then John's nephew, and I don't know if his niece was there — she might have been in the other room.
MR. LALLY: And the defendant, Miss Read — was she there as well?
MR. HIGGINS: Yes.
MR. LALLY: And as far as the Currans are concerned, are those people you're familiar with, and how do you know them?
MR. HIGGINS: Again, the Hillside. I met them there, and I believe through John O'Keefe.
MR. LALLY: How well did you know them at that point?
MR. HIGGINS: Not very well.
MR. LALLY: Now you mentioned that John's nephew was there — had you ever met him before?
MR. HIGGINS: No.
MR. LALLY: And what if any interaction did you have with his nephew while you were there?
MR. HIGGINS: We played video games together.
MR. LALLY: And so the text — if I could direct your attention back to the text communications before you with Mr. O'Keefe on that last page — specifically, there's a text exchange between the two of you on Sunday, January 16th, correct?
MR. HIGGINS: I see the text — that's about 9:30 in the morning. Is that correct, Mr. Lally? On this last page, which one is it — 1, 2, or 3?
MR. LALLY: About the middle of the page. Thank you.
MR. HIGGINS: Can you repeat that again?
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: Yeah, I'm just — it's a little difficult to read, I apologize. I would direct your attention to about there — it says Sunday January 16, you see that?
MR. HIGGINS: Yes.
MR. LALLY: And that indicates about 9:33 in the morning?
MR. HIGGINS: Yes, I see it.
MR. LALLY: And if you could read from that text exchange, and if you can indicate sort of who's talking or who's saying —
MR. HIGGINS: It says, "TF, hurting like this in 10 years, haha." I'm not sure — I'm not sure who's saying that.
MR. LALLY: Not sure who's hurting and who's saying "haha"?
MR. HIGGINS: Well, I know I was definitely hurting that morning, but I'm not sure who was saying that.
MR. LALLY: And what if any other communication is there later on in the same chain?
MR. HIGGINS: All right, I see — "John, was it necessary to introduce Hennessy XO? Was I really playing video games?" — that would have been me. And then it says, "I blame Karen." And then I said, "Please tell me I didn't break your nephew's video game — if I did, I'll replace it. Did I throw a controller or something?" And then it says, "I don't think so. WTF, I'm hurting. How can you guys not still be in bed?"
MR. LALLY: Is that the end of that?
MR. HIGGINS: And then the conversation — it appears to be, yeah.
MR. LALLY: Yes. Then the next conversation begins on what's indicated as Saturday, 12:20 a.m. — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And is it your recollection that that was January 29th?
MR. HIGGINS: Yes.
MR. LALLY: And is that the message that you sent to Mr. O'Keefe while you were in the residence at 34 Fairview?
MR. HIGGINS: Yes. I said, "Are you coming here?" with three — followed by three question marks.
MR. LALLY: And again, Mr. O'Keefe, based on your recollection and based on the records you have before you, never responded to that text — is that correct?
MR. HIGGINS: That's correct.
MR. LALLY: And you never saw him after that, correct?
MR. HIGGINS: Never again. No.
JUDGE CANNONE: May approach to retrieve — yes, you may. to jury Feel free to stand up. extended recess — audio gap extended break — audio gap Jurors, we appreciate your patience — we actually made things easier for you, so it was worth the time. Please step up. And Mr. Lally, if you're going to start — are you going to start right with messages?
MR. LALLY: Yes, sure.
JUDGE CANNONE: All right, folks — be mindful of the instruction I've given you on digital evidence, on what you have to find before you consider them. Also, I want to tell you that what you're going to hear or see is testimony about certain statements allegedly made by the defendant. You're to view those statements solely for the limited purpose of the defendant's state of mind, as it might go to the nature of the relationship with John O'Keefe and potential motive. Okay. All right, Mr. Lally, go right ahead.
MR. LALLY: Thank you. May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: For you now — a series of documents, 118 pages in length — page numbers for your reference on there. In general, do you recognize what those are?
MR. HIGGINS: Yes.
MR. LALLY: What do you recognize those to be?
MR. HIGGINS: Text messages between the defendant and myself.
MR. LALLY: I'd like to move to introduce and admit as the next exhibit —
JUDGE CANNONE: No, not as the next exhibit — we are going to mark that 104A.
MR. LALLY: Thank you.
JUDGE CANNONE: 104 — yes. 103A — 103A — 103, John O'Keefe's texts, were 103. So it's 104A. And jurors, you'll have both. Exhibit 104 — that was a little bit difficult to read — what we've taken all this time for, as counsel was great to work out, is a form that is much clearer for you to be able to read, and that will be attached or right with exhibit 104. Okay, thank you. All right, Mr. Lally, thank you.
MR. LALLY: Now, Mr. Higgins — first, your honor, may I request permission to publish to the screen?
JUDGE CANNONE: Yes. Start with page number one.
MR. LALLY: Now, Mr. Higgins, what's up on the screen — is that what you have before you as exhibit 104A?
MR. HIGGINS: Yes.
MR. LALLY: And as you just mentioned, these are text messages between yourself and Miss Read — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And on what dates did you first receive any communication from Miss Read?
MR. HIGGINS: January 12, 2022.
MR. LALLY: And prior to that, had you had her number, or did she have your number, as far as you're aware?
MR. HIGGINS: No.
MR. LALLY: You had never communicated with her via cell phone or any other means prior to January 12th, 2022?
MR. HIGGINS: No, I had not.
MR. LALLY: So initially you received a text on that date from an unknown number — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And from the text before you and what's up on the screen — as far as there are gray bubbles on the left and blue bubbles on the right — which is you and which is her?
MR. HIGGINS: The blue bubbles would belong to myself, so the other bubbles would be Miss Read.
MR. LALLY: Is that fair to say?
MR. HIGGINS: Yes.
MR. LALLY: And so that initial communication you received on January 12th, 2022 — that's about 8:27 p.m. — is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And what was the content of the message that you received?
MR. HIGGINS: Do you want me to read it?
MR. LALLY: Yes, please.
MR. HIGGINS: "Hey Brian, it's Weed Whacker."
MR. LALLY: And how did you respond to that?
MR. HIGGINS: Question mark.
MR. LALLY: And if it's helpful to you, sir — if you can't see the screen from where you are, you can read along in the exhibit before you. Okay. Now as far as that communication is concerned — the "Weed Whacker" — what if any meaning did that have to you?
MR. HIGGINS: So ultimately it was based off an interaction with the defendant — kind of a nickname that she adopted.
MR. LALLY: And how did that nickname sort of come to be, or what if anything transpired between the two of you that led to that?
MR. HIGGINS: So I was leaving — I believe — my residence one day in Canton, traveling down Pleasant Street. I saw the defendant along the side of the house on the Pleasant Street side, using a weed whacker. And I gave kind of a beep of the horn, and the defendant gave me the finger. So I realized that she clearly must not have recognized me — possibly because of what I was driving — I was in my work vehicle. So I spun the vehicle around, and as I pulled up to roll down the window, she said something to the effect of, "Get the [expletive] away from me — my husband's a Boston cop." And then I rolled down the window more, and she clearly recognized me — who I was — and that ...vehicle.
MR. LALLY: And had that become sort of a recurring theme in subsequent conversations that you had with Miss Read?
MR. HIGGINS: Yes.
MR. LALLY: Now, sir, if I could direct your attention to page six within that exhibit before you.
JUDGE CANNONE: They're not numbered, right, Mr. Lally?
MR. LALLY: I'm sorry, they're not numbered. Is your — is your copy numbered?
MR. HIGGINS: No, Your Honor, not that I can see.
JUDGE CANNONE: They're not. So be cognizant of that when you ask questions.
MR. LALLY: I believe they are — that's why I hesitate. It's sort of in the middle of the page, facing sideways.
JUDGE CANNONE: Turn the page.
MR. LALLY: Oh, my apologies. I have it now. Very small. Um, so just on this page, direct your attention to the bottom. It sort of goes on to the next date of January 13th, is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And if I could direct your attention to page seven of those text messages. And — if I can have page seven on the screen. And, sir, if you could read from page seven, and if you could just indicate who's speaking and what is being said in this communication.
MR. HIGGINS: So, again, I'm in the blue bubbles. "Did you try those [unintelligible] screwdrivers?" "I stopped at the Hillside for one last night." I said, "Haha, how did you get my digits?" Um, defendant responded, "The Melissa and Leo show." I said, "Haha, I thought you creeped John's phone." I said, "Haha" again. Um, defendant responded, "No way. I was the last person in Greater Canton who didn't have your number. I think even Kerry has it." I responded, "What?" with a bunch of question marks. I said, "I just don't give my personal number out to anyone. How would Kerry have my number?" with a bunch of question marks. And the defendant responded, "Melissa had it."
MR. LALLY: As far as in those communications, the reference the defendant makes to the "Melissa and Leo show," do you know what that means?
MR. HIGGINS: The two individuals that I also know from the Hillside.
MR. LALLY: And the Kerry person that she refers to, do you know who that is?
MR. HIGGINS: I believe that's Kerry Curran, Chris Curran's wife.
MR. LALLY: Now if I could direct your attention to page nine. And, Miss Gilman, if I could have that page. And again, sir, if you could read from page nine as far as that conversation goes and just indicate whom is speaking at different points.
MR. HIGGINS: Okay. So the defendant said, "I'd prefer Weed Whacker." I responded, "That's the thing about nicknames." Um, defendant said, "We were tossing around the idea of a short vacay with the Curran crew, wanted to see if you were game." I responded, "You don't have a say" — and I believe I was referring to nicknames — and I said, "Vacation where?" Defendant responded, "I know, they need to happen organically." [unintelligible] Nicknames — "just going to rent a beach house" — I believe it was supposed to say Fort Lauderdale, it's abbreviated — "something quick and easy." I said, "Hm." Defendant responded, "I'm the queen of AKAs too, always a good time." I responded, "I'm going to Nashville next month, 19th to 21st, for a benefit. One of our guys got shot in the head. You guys should come."
MR. LALLY: And as far as either one of those trips that you were discussing, do you recall any further discussion or going on any of those trips?
MR. HIGGINS: Well, I mean, I definitely went to Nashville for that benefit for one of my co-workers. Um, there may have been more conversation about the Florida trip, but I can't specifically recall it.
MR. LALLY: Now, sir, if I could direct your attention to page 16. Miss Gilman, if I can have that. And this is on that same date of January 13th, is that correct?
MR. HIGGINS: I believe so. The date's not at the top here, but I believe it is.
MR. LALLY: And again, sir, if you could read from that page of communication as far as who was speaking and what was said.
MR. HIGGINS: So there's a photograph of somebody with a weed whacker. Um, the defendant said, "No, you're not a creep." I said, "Nope." She said, "You're kind of a loner, which I used to be." I responded, "No, not really. I have a ton of buddies, but I only let a handful of friends in that I'm tight with. So you think you got me figured out?" And then I typed "circle of trust" in quotes.
MR. LALLY: And, sir, if I could direct your attention to the next page, number 17. Miss Gilman, if I could have that. And again, sir, if you could read from page 17 as far as what is said and who was talking.
MR. HIGGINS: So the defendant said, "Yeah, I said loner, not loser. I assume you know a lot of people" — PPL, people, abbreviated — "you never really can figure anyone out completely. Your dad died when you were young." And I responded, "He died in [unintelligible] of 2020." Um, "I'm so not a loser, you won't figure me out, LOL." Defendant responded, "No one is — no one is a loser. I just didn't mean loner to imply friendless. I'm sorry — that — I'm sorry that that's recent. It wasn't COVID, was it?" I responded, "Cancer." Defendant responded, "I know you date girls who don't lock the house behind them and you are private and observant. I'm sorry. What kind?" I responded, "Lung, brain, kidney, and pelvis. How do you know all these things, LOL?"
MR. LALLY: I'd like to turn your attention to the next page, 18. And again, sir, if you could read from that.
MR. HIGGINS: Um, in the blue bubbles is me. I said, "You're funny." Defendant responded, "Yikes. Wow, that's rough. Jesus, I'm sorry." We chat a lot at the Hillside. I responded, "Don't be sorry. Life is hard sometimes. I always figure it out." Then I said, "Who chats?" Question mark. Defendant responded, "Life is hard, but losing people is the hardest. So I'm sorry." "We chat." I responded, "That's all you got? 'We chat'? Sure, you're from Brockton. Spit it out." Defendant responded, "You and I chatted about the girl who kept forgetting to lock the door." I said, "Oh, she has been out of play" — like for three months now — and then I believe it starts to say "out of rotation," question mark.
MR. LALLY: And then, sir, if I could direct your attention to page 20. And again, sir, if you could read the page.
MR. HIGGINS: I'm in the blue bubbles again. I said, "I just got a Saturday invite." The defendant said, "Did you say yes?" Question mark. I said, "Not yet," with a bunch of periods. "But did respond." Defendant said, "What did you say, Mr. Elusive?" I responded, "No, I just don't want to intrude on your couple's night. Haha, I'm shy." The defendant responded, "We prefer to hang out with non-couples. Bob Gallerani is probably coming too, solo. We'll probably do cards or something at some point. I'm inviting you." And I said, "Haha."
MR. LALLY: Now, sir, is that the Saturday night that's being referenced there — is that the same night that you had gone over to the home at some point for the Patriots game?
MR. HIGGINS: Yes.
MR. LALLY: And if I can direct your attention to the next page, page 21. Yes, and again if you could read from that.
MR. HIGGINS: The defendant said, "John said Brian's being wishy-washy," in quotes. I responded, "Haha." "Did you tell him you texted me?" The defendant responded, "No." And then I gave a thumbs up. Then I said, "You cranky now?" Question mark. Defendant said, "Haha, no, just stop being so anti-couples. Most couples don't even like each other." I said, "Name a few." Defendant said, "Name a few? I don't know all of them." Question mark. "They all want to hang out with single people." And then I said, "Hm. Thank you."
MR. LALLY: Sir, if I could direct your attention to page 26. And, sir, if I could ask you to read from that page.
MR. HIGGINS: In blue is going to be myself again. "Foul ball." Defendant responded, "You stink." I said, "You suck and you're double trouble." The defendant responded, "You're hot." I responded, "Are you serious or messing with me?" The defendant responded, "No, I'm serious." I responded, "Feeling is mutual. Is that bad? How long have you thought that?" Defendant responded, "Are you okay driving? You don't want to stay here?" I responded back, "I'm fine. I have an office at the PD. You didn't answer the question." And then it starts to say defendant said, "Rather you stay here."
MR. LALLY: And is that — to your memory, when is that text exchange taking place in reference to the night that you went over to the O'Keefe —
MR. HIGGINS: I believe it was that night.
MR. LALLY: Now, at Mr. O'Keefe's house on that particular evening, do you recall how you came into the house?
MR. HIGGINS: I believe it might have been the front door.
MR. LALLY: And if you know, about how long were you at Mr. O'Keefe's house that night?
MR. HIGGINS: I was probably one of the last people to leave, I think.
MR. LALLY: And what, if anything, happened as you were exiting from Mr. O'Keefe's house that night?
MR. HIGGINS: So, as I was exiting the house, it was either through the breezeway or the garage, and as we were walking out, the defendant planted a kiss on me.
MR. LALLY: Now, before you went out that way, where was Mr. O'Keefe? Did you say goodbye to him or anything like that?
MR. HIGGINS: I think I said goodbye to him. He might have been in the bathroom. I'm not 100% positive where he was.
MR. LALLY: And when you went to leave, which exit from the house were you headed to initially?
MR. HIGGINS: Well, as I said, I don't remember exactly if it was the breezeway or the garage. I was starting to walk through. But whichever way I started to exit, the defendant told me to go a different way.
MR. LALLY: And which way did the defendant tell you to go?
MR. HIGGINS: Her way. And I honestly can't tell you which door that was. It was either the breezeway or the garage.
MR. LALLY: And as you were going out — um, again, I'm sorry — what happened?
MR. HIGGINS: The defendant kissed me.
MR. LALLY: And how did she kiss — not like a friend?
MR. HIGGINS: Um, lip to lip.
MR. LALLY: Is that fair to say?
MR. HIGGINS: Yes.
MR. LALLY: Like a romantic —?
MR. HIGGINS: That's the way I interpreted it.
MR. LALLY: And were you still inside the house at the time this occurred, or were you outside the house, if you know?
MR. HIGGINS: Um, not sure if we had just got to the outside or not. It might have — I'm not sure — it was close proximity to leaving.
MR. LALLY: And what was your reaction to that?
MR. HIGGINS: I was taken aback.
MR. LALLY: Was that something that you were expecting?
MR. HIGGINS: No.
MR. LALLY: And about how long was it between when the defendant kissed you and when you left?
MR. HIGGINS: Almost immediately.
MR. LALLY: Now, sir, if I could turn your attention back to the exhibit before you and page number 27.
MR. HIGGINS: Yes.
MR. LALLY: Again, sir, if you could read from that page and who's speaking.
MR. HIGGINS: Um, so I'm in the blue bubbles. I said I wish — I think you're messing with me. Defendant said why do you think that. I responded because this is so out of left field, where did these feelings come from. Defendant responded I just think you're like me. I said meaning, question mark. Defendant said do you have your own kids. I said I have no kids, how am I like you, question mark. Hello. And defendant responded aren't we alike. I said — I responded I think so. So why did you get my number and reach out to me. And I think the defendant put a question mark on that bubble, I believe, or I might have, I don't know.
MR. LALLY: Now that conversation — as far as um you asking her about um why she reached out to you — how often was that question asked by you through the course of these text communications?
MR. HIGGINS: Well, the extent of the actual communication via text between the defendant and I was between January 12th and January 29th, when John passed on the 28th and 29th. The 28th I sent a text — as we spoke about before, when we were at the Waterfall — that text didn't respond. There was a text sent by the defendant to me the next day. So in that time period between the 12th and the 29th, there was nine days that the defendant and I exchanged text messages. With that being said, those text messages I don't believe were every day, consecutive days. There was nine days in between the 12th and the 29th.
MR. LALLY: And so as far as that questioning — as far as posing to her why she reached out to you — was that something that you asked once or more than once?
MR. HIGGINS: Yeah, I asked it more than once. And during the pendency of this communication I was basically trying to sus out what the intentions were of the defendant — was the defendant interested in me, was she at the end of her relationship with John, was she trying to weaponize me against John and put me in the middle. There were numerous things that were going on and — that's what I was trying to vet out, or sus out, or whatever you want to call it. But I was having a hard time accepting what was happening.
MR. LALLY: Sir, if I could direct you to the next page, page 28, and again sir if you could read from that page.
MR. HIGGINS: So I'm in the blue bubbles. Shoot straight with me. Defendant responded I told you, I just think we're alike, right, couple of question marks. I responded yes, agree. Now what. Defendant responded I don't know. I said um shouldn't you know. Defendant responded do you like me. I said yes, from jump. Defendant said when was jump. I said first time I saw you. Defendant responded when was that. I said hm, Hillside for sure.
MR. LALLY: If I could direct your attention to the next page, 29, if I could ask you to read from that, sir.
MR. HIGGINS: So again I'm in the blue bubbles. Hillside for sure. When were you interested. Defendant responded I don't know, you're just my type. I responded you think you can handle me — I thought you were happy, question mark. Defendant responded how do you know if I'm happy. I said I just assumed. Defendant responded are you hard to handle. I may have put a question mark. Then I said what do you like about me. Defendant responded I just feel like you're from my neighborhood. I said yes, yah, ditto. Defendant responded and I think you're hot.
MR. LALLY: And if I could direct your attention to the next page, page 30, if I could ask you to read from that sir.
MR. HIGGINS: I'm in the blue bubbles again. You really think that. I have always thought that about you. Defendant responded what. I responded that you're hot, smart, witty, but I didn't think you were interested. Defendant responded witty. I responded yeah, meaning quick with a response. Tell me why you got my number and reached out to me. Defendant responded just thought we were the same, slash from the same neighborhood. I responded are you afraid to say what's on your mind — what's in your mind. And then I said — defendant responded no didn't I, no didn't I, question mark.
MR. LALLY: Sir, if I can turn your attention — excuse me — to the next page, 31, if I could ask you to read from that.
MR. HIGGINS: I'm in the blue bubble again. I'm glad I stopped by. I should have come earlier. Do you really live in Mansfield. Defendant responded yeah. I basically — yeah, I was basically begging you. I responded you don't have to bed me — I meant to say beg. Defendant responded huh. I said I will give you what you want. How are you texting right now. And I said uh, leaving me hanging. Defendant responded no, I typed kids and then kind of. Defendant responded how am I texting. And I began to say is everyone asleep.
MR. LALLY: As far as the um communication from the defendant indicating yeah I was basically begging you — what did you take that to mean?
MR. HIGGINS: That you wanted me to come over.
MR. LALLY: And if I could turn your attention to the next page 32, if I could ask you to read from that page as well.
MR. HIGGINS: So it starts off with the defendant saying I just — just wide awake on my phone. Yes they are. I said I should have stayed, LOL. So now what, question mark. Defendant said yes you should have. I responded that would have been distracting. So now what — so now what. And then I said now. Defendant said now what, what, question mark. I responded balls in your court. Defendant said what do you want. I said — I responded loaded question, what do you want, question mark. Defendant responded I asked you, exclamation point. I in turn said nope, you initiated this.
MR. LALLY: If I could turn your attention to the next page 33, if I could ask you to read from that, sir.
MR. HIGGINS: I said spit it out. I'm in the blue bubbles. Defendant said hey, we're single and we don't have kids, we can do whatever we want. I responded don't you have a boy, question mark. Defendant responded where are you, question mark. I said Canton. Defendant said where, question mark. I responded my office is at the PD. Why — why are you going to Mansfield, question mark. Defendant responded where is that. I said Canton PD. Defendant said I have a house there from before I reconnected with John. I responded oh, I feel like you're not really saying what's on your mind.
MR. LALLY: I'd like to turn your attention to the next page 34 and ask you to read from that, sir.
MR. HIGGINS: Defendant starts off and says do you like me, question mark. I responded yes, clearly. Defendant said come over my house. I responded when, question mark. Defendant said when works for you. I said — whenever, when works for you, question mark. Defendant said I asked you first. I responded I think you're messing with me. Defendant said I'm glad you came over tonight, with some type of face. I responded me too, balls in your court, what do you want Karen, you looked great tonight.
MR. LALLY: I can direct your attention to the next page 35, and the second blue bubble down the bottom starting with are you glad — do you see that, page 35?
MR. HIGGINS: Yes. And — and where is it again?
MR. LALLY: Uh, second to last blue bubble, starting with are you glad.
MR. HIGGINS: Yes. I — I'm in the blue bubble — I said are you glad you walked me out, question mark.
MR. LALLY: And what did she respond?
MR. HIGGINS: Defendant said um yes, with like a semicolon, you know, and some type of emoticon there. Are you, question mark. And I said DF for definitely.
MR. LALLY: And if I could direct your attention to the next page 36, and if you could please read from that.
MR. HIGGINS: So at the top I'm in the blue bubbles. It says yes. Then I said are you going home tonight or tomorrow a.m. Defendant texted we kissed, mama, right, question mark. So then I put a question mark on her question and said is this a trick question. Defendant said I don't know when I'm going home, I'm selling my house — with what I think is a smiley face — what a trick question, and a couple of question marks. I responded are you moving to Canton, I'm following your lead with this. Defendant responded I live here but I have property in m field — I'm guessing it's Medfield. Defendant said why my lead, I don't want any responsibility. I responded you started this, right, question mark, why did you get my number and — and it says each out to me, it meant to say reach out to me.
MR. HIGGINS: I then said still have not told me.
MR. LALLY: And sir, if I could direct your attention to the next page 37 and ask you to read from that.
MR. HIGGINS: Defendant said sorry, should I not have. I responded I'm fine with it, just don't know why you can't answer. Defendant said you're mad at me. I said OMG no, not at all, you're being silly. Defendant said I told you, exclamation point, I just think you're like me and I'm attracted to you, and then she said a lot. I responded feeling is mutual, I just never saw this coming. Defendant said why, question mark. I responded because I just assumed you were happy with your situation. Defendant responded I was but things have deteriorated.
MR. LALLY: And if I could direct your attention to the next page 38 and ask you to read from that, sir.
MR. HIGGINS: I said why, question mark, how so, question mark, what did Melissa say when you asked for my number, question mark. Defendant responded it is very very complicated, he and I dated when we were kids and then his sister died and everything got up. I responded he seems very into you. Defendant responded I just told Melissa that I had your number but lost it. I said that's cute, she wasn't suspicious, question mark. Defendant responded no, she's great. I responded does she know you like me, question mark. Defendant responded she's a sweetie, we just agreed you are great, with another smiley tight face.
MR. LALLY: And sir, if I could direct your attention to page 40, ask you to read from that.
MR. HIGGINS: Defendant said yeah but where is that, I have had all my here for a couple years, in my house has been vacant but I'd like to get closer to the water. I responded hm, are you breaking up or staying together. Defendant responded I don't know, he hooked up with another girl on vacation, I'm very close to his niece, it is a friend, it is a very up situation. I responded when was that and how did you find out he hooked up, question mark, I don't want to complicate your situation. Defendant responded we went out — we went away for New Year's, the four of us. I put the kids to bed and found him in the lobby of our hotel all over one of our friends. Whatever, it doesn't matter. I responded: it does matter.
MR. LALLY: Now, as far as that indication that she made to you, either through text communications or in person — did she indicate at any point in time where that occurred?
MR. HIGGINS: So there was an occasion that the defendant stopped at my house, and again the conversation that took place at my house was in relation to — again, sussing out and trying to figure out if this was what — everything that I stated before — like, was this legitimate, was she seriously interested in me, was she at the end of her relationship with John? And during that, there was a touch on that topic, and I came to realize — it was my understanding at that point — that this incident took place in Aruba on New Year's Eve, based off the text messages and the conversation at my residence.
MR. LALLY: This was something that she brought up not only in the text communications with you but in person in communication with you as well?
MR. HIGGINS: Yes. I mean, outside of being over there for the game, there was only one time that the defendant and I ever interacted on a one-on-one basis.
MR. LALLY: If I can direct your attention to the next page, 41, and ask you to read from that, sir.
MR. HIGGINS: So I'm in the blue bubbles, and I said: did they bang? The defendant responded: does that matter? I said: sorry, I was just asking — I was just trying to figure out. The defendant responded: it doesn't really matter. I said: okay, I won't ask again. The defendant said: I don't care — with a smiley face — it doesn't matter. I responded back: okay, hear you loud and clear, Karen. The defendant responded: okay. I responded: why are you getting your thing all twisted up over simple questions? Then I typed [unintelligible]. The defendant responded: I'm not. I am? I responded: you're kind of getting defensive. The defendant responded: not at all — — with an exclamation point.
MR. LALLY: Thank you, sir. If I could direct your attention to page 46, ask you to read from that.
MR. HIGGINS: Defendant is in gray. She said: we did kiss earlier — no, with an exclamation point. I responded in blue bubble: I think you initiated that, no? Defendant said: yep, do I owe you an apology? I said: OMG no, why are you being sensitive? The defendant responded: I'm not. I responded: kind of — [unintelligible]. The defendant responded: what do you want from me? I responded: what's on the table? Defendant said: what do you want ideally? I responded: the real deal. Defendant responded: it doesn't exist.
MR. LALLY: Thank you, sir. If I can direct your attention to page 57, sir, and ask you to read from that.
MR. HIGGINS: It starts off in blue. I said: I can go to any base, but usually Hanscom and Bedford — down to the cape. Defendant responded: which base down the cape, which branch? I said: [unintelligible]. Defendant said: I'm not abnormally sensitive. I responded: Joint Base Cape Cod — I won't be so hard on you. Defendant responded: OMG, you're not. You called me trouble — that makes me sound bad. I responded: I was just playing with you. The defendant responded: you weren't, but that's okay. I responded: stop being sensitive, please. The defendant responded: I'm not. Now, certain —
MR. LALLY: — reference in that — that page of text communications — you made reference to a base down the cape. Is that right?
MR. HIGGINS: Yes.
MR. LALLY: And where is that in relation to where you live, in Barnstable County?
MR. HIGGINS: So I can utilize one of the gates to get onto the base. I can get fuel, I can shop. I then can hit the Bourne Bridge, and I would use that as a cut-through at the time when I was splitting my time between two different properties.
MR. LALLY: Is there also like a duty-free shop there?
MR. HIGGINS: There is, yes.
MR. LALLY: And at some point throughout the course of text communications, did you offer to pick something up for the defendant from that shop?
MR. HIGGINS: I believe so.
MR. LALLY: If I could direct your attention to page 60, and ask you to read from that, sir.
MR. HIGGINS: Defendant said: I don't know — it's an old Colonial, it has a lot of bedrooms — with kind of an emoji. I responded: more than you clearly need — are you moving to the cape? The defendant said: I know, seriously — some rooms I only go into to dust — not anytime soon. I'm there most of the time, but sometimes it's a lot. I responded: a thought — why? The defendant responded: [unintelligible]. I then said: do you even know what you want? Or who? The defendant responded: because I went from being solo to trying to give attention to kids who aren't mine, and I never wanted kids. I responded: I thought you were happy in this — I thought you were in this happy relationship. Defendant responded: everyone is happy at the Hillside.
MR. LALLY: If I could direct your attention to the next page, 61, and ask you to read from that.
MR. HIGGINS: So it starts off with the defendant. It said: everyone is happy at the Hillside — exclamation point. I responded: oh God, you avoid things. Defendant responded: it's just very, very complicated — dynamic with the four of us. He isn't cut out for what he's doing, and the kids present constant issues. I responded: I think he believes he is doing the right thing. The defendant responded: well, of course he is, but his heart isn't in it — it's only because he was very, very close to his sister. I responded back: I know how you feel, kind of — I was married, and when I met her she had a two-and-a-half-year-old. I went from being single to being a dad. It's hard. Then I said: I'm divorced since 2017 and have no kids.
MR. LALLY: If I could ask you to turn to the next page, 62, and ask you to read from that, sir.
MR. HIGGINS: I said: I'm divorced since 2017 and I have no kids. The defendant responded: I try very hard, but they are very spoiled, and they're not my family. My parents keep telling me I'd feel differently if they were mine or my own sisters. Then I told you — he got drunk and sloppy on New Year's while we were away, and that has really affected me. I responded: what did he exactly do? The defendant responded: I never got married, and now somehow I'm arguing with someone about raising [unintelligible] kids — with an emoji. I responded: why don't you tell me? Defendant responded: he was a puddle all day, and then disappeared. Then I found him all over our friend's sister in the lobby of our hotel, and she's gross, which I think may actually be worse — not sure. I responded: oh God, did they bang?
MR. LALLY: And ask you to turn to the next page, page 63, if you can read from that.
MR. HIGGINS: I'm in the blue. I said: did they bang? The defendant said: so I was the one celebrating New Year's — without him — which shouldn't be my role. No, I doubt it. He was a mess. I said: hm, was it the first time with her, or do you think there were others? Defendant responded: I don't really think there were others. I'm with him all the time. He never seems to want to go anywhere without me. But honestly, the issues with the kids bother me more than him actually cheating. They are constant, and it feels like a lose-lose. I responded: hm, you clearly have a lot of feelings swirling inside you. The defendant responded: yeah, it's very complicated. Sorry for the rant. I responded — or began to respond: you can vent, babe.
MR. LALLY: If I could turn your attention to the next page, 64, ask you to read from that, sir.
MR. HIGGINS: Defendant said: basically, I just feel like I spread myself too thin, and sometimes it's thankless. I responded: hm. Defendant responded: you probably felt that way too. I responded: I did — at times it was one, not two, thankfully. The defendant responded: want to grab a drink? I responded: if you gave me some notice, I could — I could have. Defendant responded — you, in capital letters: you were adaptable. I responded: I am, but I have my work truck with me and not my personal. Defendant: do you get angry when you don't get your way? Defendant responded: that sounds like an excuse. I rarely get my way.
MR. LALLY: Now, as far as her invitation — is that something that occurred one time or more than one time?
MR. HIGGINS: I believe it was more than one time.
MR. LALLY: And at any point in time, other than the two you've already recounted — as far as going over to Mr. O'Keefe's for the football game, or the defendant stopping by your apartment in West Roxbury — were there any other occasions you went over to the defendant's house, or out with the defendant by yourself?
MR. HIGGINS: No. No.
MR. LALLY: And, sir, if I could direct your attention to page 74 — defendant said: are you single?
MR. HIGGINS: I responded: yes. Defendant said: I don't think it's out of left field — wasn't I already begging you to come over last Saturday? I responded: you — getting my number from Melissa and reaching out to me? The defendant said: and on vacay, and probably a few other occasions. I responded: you didn't — it should say "you didn't really beg." The defendant said: I asked at least twice — how do people usually reach out to each other? I responded: why would I have thought you had any interest in me? — [unintelligible] — usually do it when they don't live with someone. And then I said: do not do it. Defendant responded: maybe — maybe not.
MR. LALLY: Thank you, sir. If I can direct you to page 77 and ask you to read from that, sir.
MR. HIGGINS: I said: I could go on and on, but I do not want to pump — it should say "you" — pump you up too much. The defendant responded: thanks for saying that, but low comps at the Hillside. I responded: you know how to ruin something nice. I frequent other places. The defendant responded: John has showed me about five times the Ring video of me walking you out on Saturday, and my voice and my accent are killing me softly — with an emoji of somebody throwing up. I responded: I'm what? Defendant responded: yeah, he has cameras. —everywhere. [unintelligible] with another emoji. I responded, "Jesus." The defendant said, "He's like, 'Christ, are you guys hooking up?'" And I said, "OMG, great."
MR. LALLY: If I could turn your attention to the next page, 78, sir.
MR. HIGGINS: I responded, "I don't need drama, dude." Defendant said, "No, it's fine." I responded, "Seriously." Defendant said, "I'm serious," with an exclamation point. I said, "You legit planted one on me." The defendant responded, "I know where the cameras are anyway, duh." And then it was, "OMG, Bruins," with an emoji after that. I responded, "So your slick move isn't on there?" with some question marks. Defendant responded, "Of course not." I responded, "Oh my God." And then I said, "I—" —emoji. The defendant responded, "It was a peck anyway. I kissed Carrie and gay Jeff too." I responded, "Yeah, weak. I agree."
MR. LALLY: Now, as far as cameras at Mr. O'Keefe's house — is that something that you were aware was there prior to that conversation with the defendant?
MR. HIGGINS: No, not that I recall.
MR. LALLY: I'd like to turn your attention to the next page, 79. Can you read from that, sir?
MR. HIGGINS: Defendant said, "LOL, funny." I responded, "So now he is jealous of me?" Defendant said, "No," with an exclamation. "I told you he likes you a lot." I said, "Which makes this worse?" Defendant said, "You said or did something at the bar last week and—" —he goes, 'I like Brian more and more.'" I responded, "I think he's a good dude too." The defendant responded, "Yeah, he is." I responded, "Funny. What's your endgame? Why — what do you want from me? You will just confuse the [expletive] out of yourself, because I'm a lot of fun."
MR. LALLY: Now, sir, the "he" that you're referring to in those text communications — who was that, just for clarity?
MR. HIGGINS: John O'Keefe.
MR. LALLY: And if I can direct your attention to page 84, and ask you to read from that page, sir.
MR. HIGGINS: I said, "It was fun." The defendant said, "I've complimented you today too," with a couple of exclamation points and then some type of emoji. I said, "And kick my nuts in." The defendant said, "OMG—" —how?" I responded, "If I had more notice I would have grabbed a drink somewhere, so I'm all set with that." And then I said, in quotations, "That's fine, but I am not asking again." Defendant said, "Well, it was 7 p.m. and I'm super cool, so — right now, so right now I'm asking again," with some type of — I think it's a smiley face. I responded, "Coming to your house would have been bad for the both of us — [unintelligible] — you wouldn't have wanted me to leave." The defendant responded, "Now — [unintelligible] — that sounds good." I responded, "That's trouble." Defendant said, "Why?"
MR. LALLY: And if I could direct your attention to page 90, ask you to read from that, sir.
MR. HIGGINS: Page 90?
MR. LALLY: 90, yes.
MR. HIGGINS: The defendant said, "No, I'm busting it — chopped — it's okay." I responded, "No, you are sensitive. Nice try. You don't think if I came over for a drink we would have gotten carried away?" The defendant said, "You" — in capital letters — "said you were adaptable and tons of fun. I took that as an invite — for an invite." And I responded, "Oh, okay." The defendant responded, "I'm 42. I know what happens when you invite someone over for a drink." I responded, "You're the master of avoidance. So you think I would just give it—" — meant to say "give it up." The defendant responded, "I — I have been — I've been a lot in my life. I have a little bit of carpe diem mindset." And then— —I said, "Been through."
MR. LALLY: And if I can direct you to the next page, 91, sir.
MR. HIGGINS: The defendant said, "What am I avoiding? I'm not afraid to be direct." I responded, "Some of my questions." Defendant responded, "Okay, which — ask again." I said, "Nope, tricks are for kids." Defendant responded, "I'm pretty sure we would have hooked up." I responded, "Okay." Defendant said, "I can't say that?" I said, "Of course you can." The defendant said, "Did I miss any other questions?" Question mark. "Probably. Are you having a drink right now?" The defendant said, "Yeah, on my second." I said, "Show me what you got."
MR. LALLY: And if I could direct your attention to page— —99, ask you to read from that.
MR. HIGGINS: Sir. Defendant said, "None of that is true! I'm not talking to other guys and I have issues with John and things are far from perfect. You just happen to know about him — because, I guess, because we all hang out at the same bar. I'm sure you talk to other girls — that's what single people do. I'm not married, neither are you, neither is John." I responded, "Was that your attempt at a lecture or deductive reasoning? What do you want from me?" The defendant said, "That's just how I think/feel. You don't need to approve. I've already answered that last question a couple times, I think." I responded, "I'm not judging you, never have—" —never will." Defendant responded, "You shouldn't. I don't know what your private life is about, nor is it my business."
MR. LALLY: Thank you, sir. If I can now direct you to page 102 and ask you to read from that.
MR. HIGGINS: Defendant said, "My only — I'm assuming — point is that there's a difference between being married to someone and dating them, and we have no intention of ever getting married. The point of dating is not to get tied down. If you're not confident, you should be — in my mind, anyway — the first two. But I don't care too much about the other girl." I responded, "Okay, so he is cool with you dating other people?" Defendant responded, "And I'm—" —not happy, per se, just realistic that there's cracks and it's far from perfect. I doubt it if he's seeing someone else. I wouldn't want to know either way. He probably feels the same way, and you probably feel that way about whoever you hook up with. I think that's normal." I responded, "Okay." The defendant said, "You don't agree with me?"
MR. LALLY: I'd like to direct your attention to page 107. Read from that, sir.
MR. HIGGINS: Defendant said, "At a bar?" I responded, "I wasn't suggesting anytime soon. I know you're with your friend. I meant my house, probably after 8." Defendant said, "Probably after 8?" I responded, "Okay. If you don't want — wanna — that's fine, no—" —pressure." Defendant responded, "I will — a drink — I—" It looks like I tabbed the bubble with a question mark. I then said, "What do you drink? Are you out now?" Defendant responded, "Sorry, I'll drink whiskey if that's what you're having." I responded, "Ha ha. Send me a pic of you two."
MR. LALLY: Now, you testified earlier about some occasion prior to the 28th when the defendant had come over your house in West Roxbury, correct?
MR. HIGGINS: Yes.
MR. LALLY: This page that you just read, as well as some of the successive pages after that — is that sort of arranging for that to occur, after she goes out or leaves from a friend out in Boston?
MR. HIGGINS: I believe she was with a friend that night in Boston, a female friend, yes.
MR. LALLY: And that evening when she came over your house, about how long was she there?
MR. HIGGINS: Not long.
MR. LALLY: And so what happened when she arrived? Or — what, if anything, did the two of you talk about?
MR. HIGGINS: It was — it was kind of more of this. It was — it was — it was kind of a — wasn't an interrogation. It was a face-to-face version of trying to sus out and vet, like, what is this all about? Again, I mean, you know, I'm not — not proud of these text messages. It is what it is. I take responsibility for them. But, you know, John was a friend at the same time, and I certainly wasn't — if they were at the end of the relationship, they were— —at the end of their relationship. But I wasn't going to have somebody utilize me and weaponize me against somebody that I liked. And it was just — it was just a weird experience. It was — I don't think either one of us finished a drink. It was like I said — it was this type of like, "What is this all about?" And then she left.
MR. HIGGINS: I just — I think I might have asked her to text me when she got in so I knew she got home.
MR. LALLY: Now, that evening, or at any other point — at any other point in your friendship or your relationship — whatever, however you want to term it — was there any other sort of intimate contact beyond what you've described occurring— —as she walked you out that night you were over Mr. O's house for the Patriots game?
MR. HIGGINS: Are you asking if she ever kissed me again?
MR. LALLY: I'm asking if there was any kissing, any sexual relationship, anything at all between yourself and the defendant.
MR. HIGGINS: Absolutely not. In — in — in referring to my — at my residence, when she stopped by, it was just — I was very uncomfortable, and this is just an uncomfortable situation. Just a weird vibe. That's the best I can describe it.
MR. LALLY: And lastly, sir — turning — lastly, as it applies to this — turning your attention to the last page, number 118. And there's a couple different dates from the middle to the bottom of the page. Is that correct?
MR. HIGGINS: There is.
MR. LALLY: I can ask you to start reading from — excuse me — where it says Sunday, January 23rd, 9:40 p.m.
MR. HIGGINS: Defendant — so Sunday, January 23rd at 9:40 p.m., defendant texted me, "Phone works," and then an emoji with arrows going like both ways. And I responded, "Thought you were all set?" Defendant said, "With talking?" "No," I said. "Hmm, are you sure?" And she didn't respond. And I believe I said — that was it for that — for the 23rd.
MR. LALLY: I'm sorry. So then the next date that any text communication was sent between the two of you would have been Friday, 11:32 p.m. Is that correct?
MR. HIGGINS: That's correct. That would have been when we were at the—
MR. LALLY: ...and again, what does the text say there?
MR. HIGGINS: Um, well—
MR. LALLY: That's from you to her, is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And then the next text communication is the following day, or Saturday the 29th, at 11:54 a.m., is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And who is speaking in that communication, and what is said?
MR. HIGGINS: That is the defendant, and the defendant said, "John died."
MR. LALLY: And did you respond to that at all?
MR. HIGGINS: No.
MR. LALLY: And did you have any other communication with Miss Read following receiving that text message on January 29?
MR. HIGGINS: No, I have not.
MR. LALLY: Thanks. Miss Gilman, you can take that down. Sir, if I could, a couple more questions for you, taking you back to the early morning of January 29th. When you had come from the Waterfall to Fairview, and then you were leaving from Fairview — if I could turn that portion back in your mind. When you were pulling away from the residence, the period of time that you were talking about as far as the plow being down and scraping a little bit on the ground — you recall that?
MR. HIGGINS: I do.
MR. LALLY: How much distance are we talking about with respect to that?
MR. HIGGINS: Less than a foot, I would say. I mean, it's real quick — I heard it.
MR. LALLY: And as far as when you — you're familiar with an area in the front of Mr. Albert's property at 34 Fairview, where there is a flagpole and a fire hydrant?
MR. HIGGINS: I do know where that is, yes.
PARENTHETICAL: [pause]
MR. LALLY: Yes, I have no further questions of this witness, your honor.
MR. LALLY: And as you drove by the house that evening, where were you in relation to that part of the yard when you drove away?
MR. HIGGINS: Well, I might have been in — I was in the street. I pulled away, so that area would be on my passenger side.
MR. LALLY: And so what I'm asking, sir, is as you pulled away, did you pull away alongside the curb, did you pull to the middle of the street, or where did you direct the vehicle to go as you were pulling away?
MR. HIGGINS: Like any other time, I pulled away from the curb. And that's — I mean, it's a one-lane street, so to speak, and nobody was coming towards me, so I just pulled out into the middle into the street, drove away.
MR. LALLY: I may have a moment.
JUDGE CANNONE: I'll see you for one minute over here at sidebar. Before we begin, jurors, feel free to stand up and stretch.