Commonwealth v. Read — Trial ArchiveBrian Higgins — Direct
1,146 linesPROCEEDINGS May 23, 2024
(Court in session at 9:09 a.m.)
(Defendant present. Jury present.)
COURT CLERK: 22-117, Commonwealth versus Karen Read. May I have counsel identify themselves for the record?
MR. LALLY: Adam Lally, for the Commonwealth, Your Honor. Good morning.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin, for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Good morning, Your Honor. Alan Jackson, for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Ms. Little.
MR. YANNETTI: Good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. Good morning, jurors. THE JURORS: Good morning, Your Honor.
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" or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left here Wednesday? Everyone said "no" or shook their heads. Thank you. All right. Mr. Lally, your next witness, please.
MR. LALLY: Your Honor, may we approach just briefly? I apologize.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: Good morning.
JUDGE CANNONE: Good morning.
MR. LALLY: Just in reference to -- and I apologize now for not having this conversation with Mr. Jackson sooner, but there is a little bit of disagreement as far as Mr. Higgins and the text messages. And I want to just clarify what the Court's preference was before I begin. So I think we are in agreement that those redacted versions of the material that we received, the troopers received from Mr. Higgins, that would be marked as the exhibits. I would also -- I don't think there is any issue or objection with the other version, the typed-out version, that's easier to read being shown to the witness, or counsel can use it and refer to it for pagination and everything like that. Mr. Jackson -- well, obviously, he can speak for himself.
JUDGE CANNONE: Why don't I let him speak.
MR. LALLY: Sure.
MR. JACKSON: There is no problem with the transcripts. I asked Mr. Lally if anything is actually shown to the jurors as a visual that it be the actual exhibit, not the transcripts. That's all. I don't care if the witness has the transcript. I'm going to use the transcript because I think it is very helpful. I just think that whatever the jurors see, they should see the actual evidence.
JUDGE CANNONE: I mean, the whole purpose of it was for ease of the witness, ease of counsel and ease of the jurors.
JUDGE CANNONE: I wish we had talked about this earlier today. What did you intend to do with the transcript? I found it helpful because it makes sense of what's otherwise been very difficult to follow. What did you intend to do with this?
MR. LALLY: Display it on the screen and have the witness go through portions of it, not the whole thing but different portions of it.
JUDGE CANNONE: I did not print out the sort of messy -- what we have. Are you going to start with this right away or after the break?
MR. LALLY: No. I don't know how far I'll get, but --
JUDGE CANNONE: Do you have printed out the sort of messy -- it looks like Ms. McLaughlin is going to get it.
MR. JACKSON: She's got it.
JUDGE CANNONE: Can I keep this copy? I won't -- all right. Let me take a look at these. Thank you. Ms. McLaughlin, I am going to ask Mr. McDermott to make a copy of this.
MS. MCLAUGHLIN: Okay. Thank you, Your Honor. Are we all set?
MR. LALLY: Sure.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Your witness, please, Mr. Lally.
MR. LALLY: Yes, Your Honor. The Commonwealth calls Brian Higgins to the stand.
Whereupon, BRIAN HIGGINS having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Any time you are ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: 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 and Explosives.
MR. LALLY: And how long have you been doing that?
MR. HIGGINS: Just over 15 years.
MR. LALLY: Now, sir, prior to that, prior to your employment 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: 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 do 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 up 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. Do you recall those dates?
MR. HIGGINS: Yes.
MR. LALLY: And do you recall what days of the week those were?
MR. HIGGINS: I believe the 28th was a Friday and the 29th was a Saturday.
MR. LALLY: And, if I could take you back at least just a day or so before that, specifically the 28th. On 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 Officer 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 City?
MR. HIGGINS: I believe it was the 27th of February. It might have been Thursday.
MR. LALLY: So was there a wake and a funeral?
MR. HIGGINS: There was a wake and the 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 how did you -- 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, who, if anyone, came 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 were 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 back at the 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 be probably the last in 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 operations, shall we say?
MR. HIGGINS: Canton P.D. I had an office there.
MR. LALLY: And how was it that you came to have an office at Canton P.D.?
MR. HIGGINS: That relationship was through Chief Berkowitz, 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 there was an HSI agent that might have had some access there to come in and 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 P.D. or have an office or a desk there?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MR. HIGGINS: No. It's not abnormal to have space within a department that, you know, you work closely with.
BY MR. LALLY:
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 it?
MR. HIGGINS: So typically we -- I'd say like a four-hour ride depending in traffic. This was longer. And I would also factor in the fact that we stopped and ate 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 and 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 how, 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 in the Canton P.D., how many vehicles did you have at that location?
MR. HIGGINS: So I would have had my government truck that I park there. I would have had a surveillance vehicle that I park 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, what it looked like, what kind of Jeep it was?
MR. HIGGINS: So it's a 2011 Jeep Wrangler, gray in 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 affixed to the Jeep Wrangler, is that -- how big a plow are we talking about?
MR. HIGGINS: If I was to guess, it was probably six feet eight inches. I believe they make them in two formats, six-eight and I think seven-two. But I believe I have the smaller blade on that Jeep.
MR. LALLY: And how often would you have -- was that like a year-round thing or how often -- when about would you have that plow affixed 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 to?
MR. HIGGINS: To help family and friends, clear the property at the Cape. I had used it when I had the house in Canton.
MR. LALLY: And so you go to the Hillside. Do you know about what time it was when 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 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? A sure.
MR. LALLY: 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 drank 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 were you 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 do you go directly to the Waterfall?
MR. HIGGINS: Yes.
MR. LALLY: If you know, about what time was it that you got to the Waterfall?
MR. HIGGINS: Again, it was dark. It could have been 9:00, in the area of 9:00 o'clock.
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 into the Waterfall, and where do you go?
MR. HIGGINS: I went to a -- I saw Brian and his family. And there 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 of 2022?
MR. HIGGINS: As a good friend. He was 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 where 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 in?
MR. HIGGINS: So it would have been Brian Albert. It would have been Nicole. I believe Caitlin was there, Brian -- Caitlin Albert, Brian's daughter; Chris Albert; his wife, Julie. There might have been another couple. Matt McCabe and Jim McCabe.
MR. LALLY: And, as far as the McCabes were concerned, were you -- 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 sort of throughout the entirety of the evening or your time at the Waterfall, how would you describe sort of the mood or the demeanor of the group within the bar?
MR. HIGGINS: It was a good time.
MR. LALLY: No arguments or anything like that that you observed from anybody that was present during the course of the evening?
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 is 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 Ms. Read in the courtroom today?
MR. HIGGINS: I do.
MR. LALLY: Could you identify just as to where she is seated or an article of clothing that she's wearing?
MR. HIGGINS: She is seated between Attorneys Jackson and Yannetti.
MR. LALLY: Your Honor, I would just ask that the record reflect the identification of the defendant by the witness.
JUDGE CANNONE: It may.
BY MR. LALLY:
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 Ms. Read, how long had you known the defendant?
MR. HIGGINS: It would be about the same time or as long as.
MR. LALLY: And so roughly what was your understanding as far as the relationship between Mr. O'Keefe and Ms. Read?
MR. HIGGINS: They were dating.
MR. LALLY: Now, with reference to occasions, as far as would there be occasions typically where you would see Mr. O'Keefe without Ms. Read or you would see Ms. Read without Mr. O'Keefe or were they essentially together when you saw them?
MR. HIGGINS: I would say more often than not they would 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 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 Ms. 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: IT 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 varied?
MR. HIGGINS: Oh, they would be texts.
MR. LALLY: And, as far as the text communications that you had, you received his contact information. You texted and 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 on 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 11:00 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: So I think I was at the high top bar area, the high top in the bar area, closest to the bar.
MR. LALLY: And, when Mr. O'Keefe and Ms. 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 went and like veered off in different directions. I recall that she opened her coat and took a drink out of it. I should say a glass.
MR. LALLY: And what, if any, observations did you make of the glass that Ms. 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 Ms. Read had been prior to coming to the Waterfall?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: Are you familiar with another establishment in Canton called C.F. McCarthy's?
MR. HIGGINS: Yes.
MR. LALLY: And 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. But 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 regard 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, the design.
MR. LALLY: Now, after you make those observations, 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 have a conversation with Mr. O'Keefe?
MR. HIGGINS: I did. I don't know if it was initially when he first came in, but I did have a brief conversation with him. As to the content, I don't recall what that was.
MR. LALLY: Just small talk, fair to say?
MR. HIGGINS: Greetings.
MR. LALLY: And, with regard to Ms. 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 this date, did you have Ms. Read's cell phone information?
MR. HIGGINS: I did not.
MR. LALLY: At the time that you were at the Waterfall?
MR. HIGGINS: No.
MR. LALLY: Do you recall sending a text or --
MR. HIGGINS: Oh, I'm sorry. Can you repeat that question again?
MR. LALLY: Sure. I know. We've jumped around a couple of days. But, at this time that you're at the Waterfall on the 28th or the 29th, did you have Ms. Read's contact information?
MR. HIGGINS: Yes, I did.
MR. LALLY: And, at some point over the course of the evening while you were at the Waterfall, did you senda text to Ms. 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 what you meant as far as that text message or why you had sent that to her?
MR. HIGGINS: To be honest with you, I guess you could view it as a flirty text.
MR. LALLY: Now, around midnight or so when you leave the Waterfall -- I'm sorry. Let me take it back just one step. 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, as far as the invitation to go back to Brian Albert's house, was that something that was extended to the entirety of the table?
MR. HIGGINS: I took it as an open invitation to the people that were together at the table, yes.
MR. LALLY: And, Mr. Albert's house, is that somewhere that you had been to before?
MR. HIGGINS: I had been there at 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: 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 Road; is that correct?
MR. HIGGINS: That is correct, yes.
MR. LALLY: And about what time, about midnight or so when you're leaving, who, if anyone, was leaving the bar around the same time?
MR. HIGGINS: I mean, I think pretty much everybody was wrapping up and leaving. I know that I beat Brian and Nicole back to the house.
MR. LALLY: Now, as far as the time at the Waterfall with reference to either Mr. O'Keefe or Ms. Read, what, if any, observations did you make in regard to what they were drinking that night?
MR. HIGGINS: I think John was having beers, his typical what I would see him with. And the defendant had, you know, glasses.
MR. LALLY: And do you recall her ever at any point that you were there, if you recall, 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: Now, you drove from the Waterfall to Fairview Road. How long a drive is that?
MR. HIGGINS: Probably a few minutes, but the weather was -- 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 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. I dropped the plow and I did a little sweep of the driveway. And then I got out of the driveway because I didn't want to get blocked in, and I parked.
MR. LALLY: And 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 publish what's been marked as Exhibit 72?
JUDGE CANNONE: Okay.
BY MR. LALLY:
MR. LALLY: And, Mr. Higgins, do you recognize what's on the screen there?
MR. HIGGINS: I do.
MR. LALLY: And what do you recognize that to be?
MR. HIGGINS: 34 Fairview.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Mr. Higgins, I'm handing you a laser pointer. Just press that button there. So, Mr. Higgins, with that laser pointer now in your hand, if you could direct the jury's attention to, if you see it in this photograph, where you parked your Jeep at?
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 so the front of your vehicle would have been pointing in which direction?
MR. HIGGINS: I believe that would be going towards Chapman Street.
MR. LALLY: And so which part of your vehicle was the closest to the house? The driver's side or the passenger's side?
MR. HIGGINS: So the passenger's side would be the closest to the house.
MR. LALLY: So you're parking along the front of the house with traffic, correct?
MR. HIGGINS: Yes.
MR. LALLY: So you arrive at the house. You do as far as the maneuver with the plow in the driveway, and then you park the vehicle. And where is it that you go from there?
MR. HIGGINS: Into the house.
MR. LALLY: And, when you get into the house, 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 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 females, did you know them? Did you recognize them? Did you know who they were?
MR. HIGGINS: I may have recognized one I seen before, but I didn't know them.
MR. LALLY: And just lastly before we go back into the house, when you park, when you do the sort of plowing in the driveway and then parking, did you see Mr. Albert arrive at the house around that time?
MR. HIGGINS: When I parked the Jeep?
MR. LALLY: Yes.
MR. HIGGINS: 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.
MR. LALLY: So he had parked in the driveway around the time that you're parking on the street?
MR. HIGGINS: Yes.
MR. LALLY: And so when you come in 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 is a front door to the residence. There's the garages. And in between there is 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 -- Brian Albert, Jr. was right there and, again, flanked by one, if not two, females.
MR. LALLY: Now, at some point after your arrival, who, if anyone else, that you were familiar with came by the house?
MR. HIGGINS: I believe it was Jen and Matt McCabe.
MR. LALLY: And do you know about how long it was after you arrived that they arrived?
MR. HIGGINS: No. I don't -- I mean, I don't think it was much longer. People started, you know, to float in at that point.
MR. LALLY: And, beyond the sort of 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 of family. I believe primarily it might have been of his son, who had recently been in the Marine Corps, gone into, I should say.
MR. LALLY: And do you recall or why was he showing you specifically like 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: I was in the Marine Corps. I was in the Army.
MR. LALLY: Now, this period that you're talking about in the other room, about how long a period was that?
MR. HIGGINS: It was brief.
MR. LALLY: And beyond yourself and Mr. Albert, was there anyone else from the group that you described that was in the room at the same time 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 percent positive on that.
MR. LALLY: And, as far as do you know approximately what time you left the house on Fairview that evening?
MR. HIGGINS: I'd guestimate it was anywhere between 12:30 and 1:00 o'clock, but I'm not 100 percent positive.
MR. LALLY: So a relatively short period of time; is that correct?
MR. HIGGINS: It was a short period of time. 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 and 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.
MR. LALLY: And, when you exited the home, do you recall which of the two doors that you've 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, Similar to what I asked about the Waterfall, how would you describe sort of the mood or the demeanor within the home?
MR. HIGGINS: It was fine. I mean, everybody was happy.
MR. LALLY: At any point in time while you were at 34 Fairview, do you -- 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 we came in.
MR. LALLY: And specifically with reference to Mr. O'Keefe and Ms. 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 geta responses 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 Ms. Read, the defendant, still there?
MR. HIGGINS: I can't say 100 percent, 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 Ms. 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.
MR. LALLY: Now, when you left from the residence -- and, again, you're not sure what time that was?
MR. HIGGINS: Between 12:30 and 1:00 o'clock.
MR. LALLY: And do you recall who amongst the group was still at the house at the time you left?
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; is that correct?
MR. HIGGINS: Yes.
MR. LALLY: You've been to his house for a graduation party for his twins, correct?
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?
MR. HIGGINS: If he walked in here right now, 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 had 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 intermittently?
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 as far as you could still see the blacktop and all of 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 --
MR. HIGGINS: Yes.
MR. LALLY: -- was the snow sticking to or was it 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 to your Jeep down the driveway?
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 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. I may have looked at my phone, put it in drive and started to pull away. And I'm like, put the plow up. So I reached -- you know, I moved a couple of feet. I heard it grinding on the ground, reached for the device called the fishstick, picked it up, lifted the plow and then drove away.
MR. LALLY: And the plow that you had affixed to the front of the Jeep, how was -- I think you've talked a little about it. But how was that sort of controlled and who controls that?
MR. HIGGINS: So the operator controls it. The mechanism to control it, again, is called a fishstick. It's ona cord and it plugs in under the dashboard. You know, I reached down to find out -- I don't know if it was on the floor or between the seats, but it's not like a joystick that's attached actually to the dashboard.
MR. LALLY: So some sort of hydraulic system; is that correct?
MR. HIGGINS: Yeah. It's a hydraulic base.
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: Yes. So I would generally, if I'm driving around town and not worrying about the vehicle heating up, I'd just lift the plow off, a couple of 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 pulled 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, as far as 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 far as when you're pulling away from the house?
MR. HIGGINS: I wasn't drawn to anything. I just drove away.
MR. LALLY: And, when you drove away, again, during that process, did you see anything outside of the house that drew concern or your 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?
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 some of -- a lot of times, Chief Berkowitz would get after me. AS a courtesy, I was parking vehicles there, sometimes my personal but primarily my work vehicles. 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 that they plow through the night. So that would be the reason for heading back.
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. And, with regard to the Canton Police Station, what, if any, access did you have to the Canton P.D. and sort of how did you facilitate that?
MR. HIGGINS: So I would describe it as a proxy 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 there. There is a pass-through door. And then over in the corner is typically where I would bury both vehicles. So if I was -- typically it would be my take- home pickup truck that I described earlier, and it would be the surveillance vehicle. But, if I had -- that could be swapped out with one of my personal vehicles. I would leave a personal vehicle there if 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 so that back area, is that typically where you would park?
MR. HIGGINS: Yes.
MR. LALLY: And, just in reference to the -- you talked about a surveillance vehicle. That's something that you use as far as 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 that you would want to park like 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 parked to the back and then cut through the sally port, into the station?
MR. HIGGINS: Yes. I mean, 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 enter?
MR. HIGGINS: So I was 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. Then it directly goes through the dispatch area. But, if you walk to the extreme other end, there is another door on the other end, common hallway, walk down that hallway, hit a set of stairs. And I would go up that way.
MR. LALLY: Now, if I can take you back just for a second as far as when you initially walk into the sally port area, that is a garage, basically, correct?
MR. HIGGINS: 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 is the door that goes into the holding area/booking area. And then probably five or -- I mean, it's probably 12 feet long to get to the other door.
MR. LALLY: So from where you're parking and where you come into the sally port, 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?
MR. HIGGINS: Well, you do walk across the garage, but it's small.
MR. LALLY: And, when you say "small," about how far if you know?
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 and such around the station?
MR. HIGGINS: Yes.
MR. LALLY: 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 keycard 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 it tracks access, access control.
MR. LALLY: Okay. And did you happen to go by the dispatch area specifically and, if so, do you know who was working there that night?
MR. HIGGINS: Newly promoted Sergeant Goode, I believe, probably. He was 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, do you have any -- how far a drive is it from Fairview to the police station, if you know?
MR. HIGGINS: Well, I mean, the weather was picking up. So it probably took me a little bit longer to get back. But it's probably five, 10 minutes, maybe.
MR. LALLY: Now, 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, 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: And do you know about how long it was after you moved the vehicles around that you left Canton P.D.?
MR. HIGGINS: 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 -- the vehicles that you've described, which of those vehicles did you use to get from Canton P.D. to West Roxbury?
MR. HIGGINS: The Jeep Cherokee -- Jeep Wrangler. Sorry.
MR. LALLY: And, if you know, about what time was it that you got home to West Roxbury?
MR. HIGGINS: It could have been somewhere around twenty of two. I'm not 100 percent positive.
MR. LALLY: So sometimes between 1:30 and 2:00? Is that roughly around --
MR. HIGGINS: Yes.
MR. LALLY: Okay. And, when you get home, do you recall like what it was that you did when you got home?
MR. HIGGINS: Well, 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, 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. 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 on that morning or something, you wake up, obviously, at some period, correct?
MR. HIGGINS: Yes.
MR. LALLY: And do you recall what it was that woke you on 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 that, that occurred?
MR. HIGGINS: Probably around 6:30-ish.
MR. LALLY: And who, if anyone, you know, as far as you look at your phones, who, if anyone, was blowing up your phone or who was calling you at that point?
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. You know, he would call in the morning, kind of like checking in with each other. So I was just kind of like why are you calling me this early, kind of just blew it off. But then when I saw Brian Albert calling me, like that kind of caused me some concern because I'm like, why is he calling me? 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 answer 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?
MR. JACKSON: Objection.
JUDGE CANNONE: I'm going to sustain the objection.
BY MR. LALLY:
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 answer 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, you know, 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 it be text or phone call, at any point in time during the course of that day?
MR. HIGGINS: You mean the day before?
MR. LALLY: Yes.
MR. HIGGINS: Yes.
MR. LALLY: 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 that 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 or so was it that you arrived back at 34 Fairview late that morning?
MR. HIGGINS: Maybe a little after 7:00.
MR. LALLY: And, when you arrived 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 the house?
MR. HIGGINS: I don't recall. Maybe a police car. I don't remember.
MR. LALLY: Now, with regard to -- starting with 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 at that point?
MR. HIGGINS: I might have went in the driveway. I don't remember specifically where I parked.
MR. LALLY: And, as far as other vehicles there, how many other vehicles -- were there more or less vehicles there that morning 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, is it that you see inside the house when you get there?
MR. HIGGINS: So I saw Brian. I saw Nicole. Brian, Jr. may have popped in and out of the same kitchen area that I was in before. Jen and Matt McCabe. And then a short time later, Julie Albert showed up.
MR. LALLY: And Julie Albert, when she showed up, what, if anything, did you observe her to have with her when she showed up?
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 sort of the mood and the demeanor of the people in the house when you arrived there later on that morning sometime around 7:00 or so?
MR. HIGGINS: The 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 you?
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. LALLY:
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-ish 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 never -- they never showed up. It didn't make sense.
MR. LALLY: So from this time that you're in the house, do you recall any sort of conversation within the group as far as what was going on?
MR. JACKSON: Objection.
JUDGE CANNONE: Just do you recall that there was a conversation?
MR. HIGGINS: Yes. I recall that there was conversation and --
MR. JACKSON: Objection.
JUDGE CANNONE: Just that. Next question, Mr. Lally.
MR. LALLY: Sure.
BY 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 for?
MR. HIGGINS: Less than an hour.
MR. LALLY: And from there, where did you go from there?
MR. HIGGINS: I don't know if I went back to the police station or if I went to West Roxbury. It 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 --
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MR. HIGGINS: Yes. I'm pretty sure I was there.
BY MR. LALLY:
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.
MR. LALLY: Now, again, from when you went -- I'll give you 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 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, you know, 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 think he might have been with his child after a sporting event. I think I -- I said "hello." I bought him a drink. But I wouldn't classify that as socializing. More being friendly. But I also -- that area of responsibility, the South Shore, south of Boston, Cape and Islands, I was assigned to a group where I would interface with people in that area. And that Norfolk CPAC office would be people that over the years I've probably dealt with.
MR. LALLY: Now, when you met with him on this day, do you recall specifically what day it was?
MR. HIGGINS: No.
MR. LALLY: If I said February 3rd, would that sound about right, or if you know?
MR. HIGGINS: I would say in that area.
MR. LALLY: And, when you met with them, you hada conversation with them 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 how did you -- 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 would be, the way to categorize it, screenshots.
MR. LALLY: And how is it that you sort of generated these from your phone?
MR. HIGGINS: I consulted a coworker, who is also a friend. And he was able -- he has the training with the 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: I thought it was important because I've had communications with the 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 Ms. 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 or the texts that you provided to the troopers, that was what was on your phone?
MR. HIGGINS: Yes.
MR. LALLY: So there were no deletions, no excising any material? Nothing like that before you gave it to the troopers?
MR. HIGGINS: No. 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 about as far as if this was the entirety of what you had provided?
MR. HIGGINS: Oh, he -- so I think during the actual interview he specifically asked me are these -- I would say, in sum and substance, he said, you know, is this an accurate representation? Has anything been deleted? And I said, no. I mean, with respect to the texts 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, was exactly -- when I captured everything it exactly -- it is 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 that you volunteered?
MR. HIGGINS: I volunteered that to them.
MR. LALLY: And, upon them sort of 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 was more detailed questions that followed.
MR. LALLY: Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I'm going to show you two documents. One is 12 pages long and one is 56 pages long. If you could just look at those briefly and familiarize yourself with them and look up when you've completed. Do you recognize what those are?
MR. HIGGINS: Yes.
MR. LALLY: What do you recognize those to be?
MR. HIGGINS: So those are what -- those are the two documents that I provided to the troopers during the interview.
MR. LALLY: And the shorter one, who, if anyone, is those communications with?
MR. HIGGINS: John O'Keefe.
MR. LALLY: And the longer one, the 56 pages long or so, who, if anyone, are those communications with?
MR. HIGGINS: The defendant.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I am going to seek to introduce these as exhibits.
MR. JACKSON: No objection.
JUDGE CANNONE: So we will do them separately, please. The first 12-page one.
(Whereupon, 12 pages of texts with John O'Keefe was entered and marked Exhibit No. 103 in Evidence.)
COURT REPORTER: That will be Exhibit 103.
(Whereupon, 56 pages of texts with Karen Read was entered and marked Exhibit No. 104 in Evidence.)
COURT REPORTER: And Exhibit 104.
JUDGE CANNONE: Thank you.
MR. LALLY: Your Honor, may I return both of those to the witness?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: So I'm going to direct your attention first to what's been marked as Exhibit 103. Is that the communications or the text communications that you had with Mr. O'Keefe?
MR. HIGGINS: Yes.
MR. LALLY: And, sir, if I could turn your attention to the first sort of content within that in reference to -- what is the date of the first sort of 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 (as read), "What's up, pal? Where are we going to hang local? We are going to hang local. Are you drinking?"
MR. LALLY: So he's out and he's trying to see where you are and if you want to meet up?
MR. HIGGINS: Yes.
MR. LALLY: Now, sir, if I could direct your attention to the last page within those documents you have before you. So 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 a Patriots game, 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 it was the 16th. But even the 15th, into the 16th, I believe.
MR. LALLY: So that text on the 16th was either the same day or the day following when you had gone over there to watch the Patriots game?
MR. HIGGINS: Well, where the -- yeah, the text where I asked if I broke his nephew's toy, video game, which 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 Meadows Ave.?
MR. HIGGINS: Not far at all. Several blocks.
MR. LALLY: Now, prior to you going over there for the Patriots game, at some point -- or 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 or 7th. And I shot him a text and said, do you want me to clear the driveway for you.
MR. LALLY: So 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, you know, hey, we're gonna watch the last half at the house. Do you want to come by? Things like that, yes.
MR. LALLY: And had you ever taken Mr. O'Keefe up on any of those prior invitations to come by the house and watch a game?
MR. HIGGINS: No.
MR. LALLY: 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'd 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 of 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 like 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 playoffs or the -- 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.
MR. LALLY: So pretty far into the second half of the game by the time you arrived?
MR. HIGGINS: Oh, yeah.
MR. LALLY: And, in addition to Mr. O'Keefe, who, if anyone else, was at the house when you got there?
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. I don't know if his niece was there. She might have been in the other room.
MR. LALLY: And the defendant, Ms. 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. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MR. HIGGINS: We were playing video games together.
BY MR. LALLY:
MR. LALLY: 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 is a texted exchange between the two of you on Sunday, January 16th, correct?
MR. HIGGINS: I see the text.
MR. LALLY: And that's about 9:30 in the morning; is that correct?
JUDGE CANNONE: Mr. Lally, on this last page, which one is it? One, two or three?
MR. LALLY: About the middle of the page, Your Honor.
JUDGE CANNONE: Thank you.
MR. HIGGINS: Can you repeat that again?
MR. LALLY: Sure. Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: It's a little difficult to read. I apologize. Sir, I would direct your attention to right there where it says, Sunday, January 16th. Do you see that, sir?
MR. HIGGINS: Yes.
MR. LALLY: And that indicates about 9:33 in the morning, correct?
MR. HIGGINS: Yes. I see it.
MR. LALLY: And if you could read from that text exchange and, if you know, if you could indicate sort of who's talking or who's saying what?
MR. HIGGINS: It says (as read), "TF hurting like this in 10 years. Haha." I'm not sure who is saying that.
MR. LALLY: You're not sure who's hurting and who is 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 (as read), "John, was it necessary to introduce Hennessy? XO. Was I really playing video games?" That would have been me. And then it says (as read), "I blame Karen. Yup." And then I said (as read), "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 some shit?" And then it says (as read), "I don't think so. WTF. I'm hurting. How can you guys not be? Still in bed."
MR. LALLY: Is that the end of that specific conversation?
MR. HIGGINS: It appears to be, yes.
MR. LALLY: And 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 Road?
MR. HIGGINS: Yes. I said (as read), "Are you coming here," 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.
MR. LALLY: May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, may we approach?
JUDGE CANNONE: Yes. Jurors, feel free to stand up and stretch.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Wait for Mr. Jackson.
MR. LALLY: Sure. At this point, I would be starting to get into the text communications between this witness and the defendant. So I was just --
JUDGE CANNONE: So one question I have --
JUDGE CANNONE: All right. So we will take the morning recess.
(Whereupon, there was a pause in the sidebar conference.)
JUDGE CANNONE: Jurors, why don't we take the morning recess. This may be a little bit longer. So 20 minutes to a half an hour. There are things I need to look at.
(Whereupon, the jury exits the courtroom for a brief recess at 10:29 a.m.)
(Whereupon, the sidebar conference continued as follows:)
JUDGE CANNONE: So one thing I want to know, can Ms. Gilman --
MR. LALLY: Enhance those?
JUDGE CANNONE: -- blow up these because it's so much easier.
MR. JACKSON: We've got an entire set of these. I don't know why you're not using this. This is that.
MS. LITTLE: It was produced in discovery.
MR. JACKSON: It was produced in discovery. What --
MR. YANNETTI: It's even better.
MR. JACKSON: That is that.
COURT REPORTER: One at a time, please. I'm losing track.
JUDGE CANNONE: Slow down.
MR. JACKSON: I'm sorry.
JUDGE CANNONE: Mr. Yannetti, I'm going to hear from Mr. Jackson.
MR. YANNETTI: Understood.
JUDGE CANNONE: Ms. Little, the same for you.
MR. JACKSON: I'm so sorry.
JUDGE CANNONE: Do you have --
MR. LALLY: I don't have it in that form. I just have it as the Court has it. I'm sure I can talk to Ms. Gilman about focusing on that.
MR. JACKSON: This was produced at the same time that this stuff was produced by the other entity.
MR. LALLY: This is something that he provided to the troopers and we provided to you. So that's what I'm saying. I have it like this. But I'm sure I can ask Ms. Gilman if she can blow up this and just go down that way.
JUDGE CANNONE: So I would like to see it. I'd like to see what you have up on the screen. There was -- Mr. Higgins, you can step down, sir.
(Whereupon, the witness steps from the witness stand.)
MR. JACKSON: May I inguire of Ms. Little one quick question?
JUDGE CANNONE: Sure. Go right ahead.
MR. JACKSON: I'm sorry.
JUDGE CANNONE: No. That's fine. Why don't you step aside while speaking.
(Whereupon, there was a discussion off the record.)
MR. JACKSON: Okay. That answers my question. I just want to make life easier because that is really easy. This is what I've been working off for months. We actually got that from Mr. Lally. It's on a disk that you gave us. We just downloaded it. So you may not have seen it but you've got it.
JUDGE CANNONE: Was that on the disk that went to the grand jury the same day Higgins went? It would be like a grand jury exhibit, 11, 12, 13 or 14 or something like that?
MR. LALLY: Yes.
JUDGE CANNONE: Because that's what I was reviewing when I was looking at this last night. Do you happen to have that CD with you?
MR. LALLY: I don't have the CD, but I believe Ms. Gilman should have what's on there loaded up. But I'm not sure. I'd have to check with her.
JUDGE CANNONE: All right. I do just want to say I thought following the exhibit that went in, 103, following the text messages back and forth where John O'Keefe and Mr. Higgins -- it was difficult to follow in a sort of bubble format.
MR. JACKSON: It was terrible.
JUDGE CANNONE: So I would like to facilitate something that the jurors can see and have. I know it's important to your case. I'll give you time to do it. But if Ms. Gilman can just do two things: If she can tell you -- if she can pull out what is Exhibit 104, if she can pull that format up now so I can see it to see if the actual text messages --
MR. LALLY: Show up.
JUDGE CANNONE: -- can show up. Are yours marked?
MR. JACKSON: No.
JUDGE CANNONE: Or do you have them unmarked.
MR. JACKSON: I was going to say I'll let him use my copy that's already printed. I've got an ELMO set up right there. I don't -- I just want to get this done expeditiously.
JUDGE CANNONE: I know. Rather than him using your copy, if you can -- how many pages is it?
MR. YANNETTI: Fifty-six.
JUDGE CANNONE: It's 56 in this format. All right.
COURT REPORTER: I didn't hear how many pages.
MR. JACKSON: Eighty to 90 pages for both.
JUDGE CANNONE: We can make a hard copy, if you can take that and make a hard copy? I want you to have your own copy to follow along with.
MR. JACKSON: Yes, Your Honor.
JUDGE CANNONE: I don't want to prejudice you in any way because the Commonwealth is using your copy. Run it through a copier.
MR. JACKSON: Yes. That would be great. I'll just give you my entire copy to go downstairs and make a whole copy of it.
MR. LALLY: Okay.
MR. JACKSON: You can use the ELMO.
JUDGE CANNONE: Hopefully you have somebody who can do that for you. Let's wait. Ms. McLaughlin is talking to Ms. Gilman. Because what I'm concerned about is what has been entered as the exhibits, you can't tell who is saying what.
MR. JACKSON: I actually thought, you know, we'd introduce this as the exhibit, which is why I was saying, your transcript is great but this is just as good, like why not show this on the -- I wasn't even thinking about that. That's ugly and hard to deal with.
JUDGE CANNONE: This is what I was dealing with, these two.
MR. JACKSON: You haven't seen this either?
JUDGE CANNONE: No.
MR. JACKSON: Okay.
JUDGE CANNONE: So that's why I did not -- when I reviewed the grand jury minutes for the previous motions, I did not recall that this was on that disk.
MR. JACKSON: Okay.
JUDGE CANNONE: Ms. McLaughlin, if you could return here for a minute, please? I think what we are going to do to speed things along is Mr. Jackson or Ms. Little will give the Commonwealth what they have that was provided by the Commonwealth that I really do think was probably that disk at the grand jury, 14 or 15 or something, the grand jury exhibit. We will copy it or somebody can copy it, and y'all can use that unless you think Ms. Gilman has this that she can pull up.
MS. MCLAUGHLIN: During the morning recess if we can either check that we have it and then -- but if the defendants will make a copy of it to have and then in the meantime we'll also be looking at what Ms. Gilman has available.
JUDGE CANNONE: Can I trouble you, Tori, to make a copy of this? Okay.
MR. JACKSON: That would be good. Sure. No problem.
JUDGE CANNONE: All right. So I know there is an interest in getting this moving. I do think Mr. Lally is moving it forward quite a bit.
MR. JACKSON: I do too.
JUDGE CANNONE: And just on that note, if you are not going to be here Tuesday, depending on how things are later, I need to have a colloquy with your client about that. We can do it at sidebar so it's not a spectacle.
MR. JACKSON: Of course. That makes perfect sense.
JUDGE CANNONE: Okay?
MR. JACKSON: Yes.
JUDGE CANNONE: All right. Thank you.
MR. JACKSON: Thank you.
(Whereupon, the sidebar conference concluded and a brief recess taken.)
(Court resumes at 11:17 a.m.)
(Defendant present.)
JUDGE CANNONE: While the jurors are coming in, I'll see counsel at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: All right. So are you all set, Mr. Lally, with this?
MR. LALLY: Just about. So this is what will go to the jury as a physical copy and what I would show to Mr. Higgins. All the numbers have been blacked out on that.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman is, I think, through about 63 of these.
JUDGE CANNONE: Okay.
MR. LALLY: As far as the computer is concerned.
JUDGE CANNONE: Okay.
MR. LALLY: So what I've suggested with her is that once we get beyond that page if she is going to show anything beyond page 63, take it down off the screen, do it on her screen, bring it up, scroll down past the number and then put it up. I mean, the number isn't something that I need to show.
JUDGE CANNONE: Okay. Are you satisfied with that?
MR. JACKSON: That's fine with me.
JUDGE CANNONE: So what I'd like to do --
MR. LALLY: She'll finish that subsequently.
JUDGE CANNONE: All right. The copy that I got regarding John O'Keefe's email, just the way I got it, was in reverse order. I don't know if yours is like that too.
MR. JACKSON: Ours is like that.
JUDGE CANNONE: So before that goes to the jury, we just need to flip it into the proper order, and I would like that to be marked 103A.
MS. LITTLE: TI think it's in. I'm sorry. Not to interrupt, I think it's in reverse order because that's how it appears in the phone. So it's screenshots. So if you reverse it, it's going to be all mixed up.
JUDGE CANNONE: All right. But it's different than what Mr. Lally had, what's in 103. It starts on November 24th. What you have ends on November 24th
MS. LITTLE: Right. But if you mix it, the conversations are going to be out of order.
JUDGE CANNONE: Okay. We can just put it in as 103. There is one thing I wanted to just alert you to. I received a motion of the blogger, who is usually here, named Jessica Merchato (phonetic), at 7:37 this morning. She said, I will not be in the courtroom today at the Karen Read trial due toa previously scheduled meeting that I just can't miss. I know I have major FOMO @turtleboy. [REDACTED]
MR. LALLY: No.
JUDGE CANNONE: I don't think there is enough at this point in time.
MS. MCLAUGHLIN: [REDACTED]
MR. LALLY: Not at this time.
JUDGE CANNONE: Okay.
MR. JACKSON: Thank you, Your Honor.
(Whereupon, the sidebar conference concluded.)
(Jury present.)
JUDGE CANNONE: Jurors, we appreciate your patience. We actually made things easier for you. So it was worth the time.
COURT CLERK: I remind you, you are still under oath.
MR. HIGGINS: Yes.
JUDGE CANNONE: Mr. Lally, are you going to start right with messages?
MR. LALLY: Yes, Your Honor.
JUDGE CANNONE: All right. Folks, be mindful of the instruction I have given you on digital evidence that you have to find before you consider them. Also, I want to tell you that what you are going to hear or see is testimony about certain statements allegedly made by the defendant. You are 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. Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I am presenting before you now a separate series of documents, about 118 pages in length. And the page number, just for your reference, is on the Side there. In general, do you recognize what those are?
MR. HIGGINS: Yes.
MR. LALLY: And what do you recognize those to be?
MR. HIGGINS: Text messages between the defendant and I.
MR. LALLY: Your Honor, the Commonwealth would move to introduce them as the next exhibit.
JUDGE CANNONE: As the next exhibit. We are going to mark that 104A.
MR. LALLY: Thank you.
COURT CLERK: 103A, Your Honor.
JUDGE CANNONE: 103A?
COURT CLERK: That's my understanding. I think the others are marked 103. So they should be marked 103A.
JUDGE CANNONE: John O'Keefe's texts were 103.
COURT CLERK: My mistake.
JUDGE CANNONE: So it's 104.
COURT CLERK: Yes, Your Honor.
(Whereupon, pages of texts with Karen Read are entered and marked Exhibit No. 104A in Evidence.)
JUDGE CANNONE: Jurors, you'll have both Exhibit 104 with you that was a little bit difficult to read. What we've taken all this time for is counsel was great to work out a form that was much clearer for you to be able to read and that will be attached or right with Exhibit 104.
COURT REPORTER: So marked, Your Honor.
JUDGE CANNONE: Thank you. All right. Mr. Lally?
MR. LALLY: Thank you, Your Honor.
BY MR. LALLY:
MR. LALLY: Now, Mr. Higgins --
MR. LALLY: First, Your Honor, may I request permission to publish to the jury on the screen, please?
JUDGE CANNONE: Yes.
MR. LALLY: Starting with page 1, Ms. Gilman.
BY MR. LALLY:
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 Ms. Read; is that correct?
MR. HIGGINS: Yes.
MR. LALLY: And on what dates did you first receive any communication from Ms. Read?
MR. HIGGINS: January 12th, 2022.
MR. LALLY: And, prior to that, had you had her number or did she have your number, as far as you were aware?
MR. HIGGINS: No.
MR. LALLY: So you had never communicated to 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: 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 Ms. Read?
MR. HIGGINS: The blue bubbles would belong to myself.
MR. LALLY: So the other bubbles would be Ms. Read; is that fair to say?
MR. HIGGINS: Yes.
MR. LALLY: And so that initial communication you receive on January 12th, 2022, that is 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: You want me to read it?
MR. LALLY: Yes, please.
MR. HIGGINS: (As read), "Hey, Brian. It's Weedwhacker."
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 sort of from where you are, you can read along in the exhibit before you.
MR. HIGGINS: Okay.
MR. LALLY: Now, as far as that communication is concerned, is the Weedwhacker -- what, if any, meaning did that have to you or --
MR. HIGGINS: So ultimately, it was based off of 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 Weedwhacker. 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, get the fuck away from me. My husband is a Boston cop. And then I rolled down the window more and she clearly recognized me, who I was in that vehicle.
MR. LALLY: And did that become sort of a recurring theme in subsequent conversations that you had with Ms. Read?
MR. HIGGINS: Yes.
MR. LALLY: Now, sir, if I could direct your attention to page 6 within that exhibit before you.
JUDGE CANNONE: They're not numbered, right, Mr. Lally?
MR. LALLY: I'm sorry?
JUDGE CANNONE: They're not numbered? 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: Your Honor, I believe they are. That's why I hesitated.
BY MR. LALLY:
MR. LALLY: It's sort of in the middle of the page, facing Sideways, if you turn the page.
MR. HIGGINS: Oh. My apologies. I have it now. It's very small.
MR. LALLY: So just on this page, directing 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: If I could direct your attention to page 7 of those text messages. And, Ms. Gilman, if I could have page 7 on the screen. And, sir, if you could read from page 7 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. (As read), "Did you try those Smirnoff screwdrivers? I stopped at the 'Hilly' for one last night." I said (as read), "Haha. How did you get my digits?" The defendant responded (as read), "The Melissa and Lito show." I said (as read), "Haha. I thought you creeped John's phone." I said, "Haha again." The defendant responded (as read), "No way. I was the last person in Greater Canton who didn't have your number. I think even Kerri has it." I responded (as read), "What," with a bunch of question marks. I said (as read), "I just don't give my personal number out to anyone. How would Kerri have my number," with a bunch of question marks. And the defendant responded (as read), "Melissa had it."
MR. LALLY: Now, as far as in those communications, the reference the defendant makes to the Melissa and Lito show, do you know what that means?
MR. HIGGINS: They are two individuals that I also know from the Hillside.
MR. LALLY: And the Kerri person that she refers to, do you know who that is?
MR. HIGGINS: I believe that is Kerri Curran, Chris Curran's wife.
MR. LALLY: Now, if I could direct your attention to page 9. And, Ms. Gilman, if I could have page 9? And, again, sir, if you could read from page 9 as far as that conversation goes and just indicate whom is speaking at different points.
MR. HIGGINS: Okay. So the defendant said (as read), "I'd prefer Weedwhacker." I responded (as read), "That's the thing about nicknames." The defendant said (as read), "We were tossing around the idea of a short vaca with the Curran show. Wanted to see if you were game." I responded (as read), "You don't have a say." I believe I was referring to nicknames. And I said (as read), "Vacation where?" The defendant responded (as read), "I know. They need to happen organically. I'm the queen of nicknames. Was just going to rent a beach house in" -- I believe it was supposed to say Fort Lauderdale. It's abbreviated. "Something quick and easy." I said (as read), "Hmmm?" The defendant responded (as read), "I'm the queen of vacations, too. Always a good time." I responded (as read), "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 coworkers. 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. And, Ms. Gilman, if I could have that? And this is on that same date of January 13th; is that correct?
MR. HIGGINS: I believe so. The date is 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 is a photograph of somebody with a Weedwhacker. The defendant said (as read), "No, you're not a creep." I said (as read), "Nope." She said (as read), “You're kind of a loner, which I used to be." I responded (as read), "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 type "Circle of Trust" in quotes.
MR. LALLY: And, sir, if I could direct your attention to the next page No. 17? And, Ms. Gilman, if I could have that. And, again, sir, if you could read from page 17 as far as what is said and who is talking?
MR. HIGGINS: So the defendant said (as read), "Yeah. I said loner, not loser. I assume you know a lot of people," people abbreviated. "You never really can figure anyone out completely. Your dad died when you were young?" And I responded (as read),™" He died in March of 2020. I'm so not a loser. You won't figure me out. LOL." The defendant responded (as read), "No one is a loser. I just didn't mean loner to imply friendless. I'm sorry that that's recent. It wasn't COVID, was it?" I responded (as read), "Cancer." The defendant responded (as read), "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 (as read) "Lung, brain, kidney and pelvis. How do you know all these things? LOL."
MR. LALLY: And if I could turn your attention to the next page, page 18. And again, sir, if you could read from that?
MR. HIGGINS: In the blue bubbles is me. I said (as read), "You're funny." The defendant responded (as read), "Yikes. Wow. That's rough. Jesus. I'm sorry. We chat a lot at the Hillside." I responded (as read), "Don't be sorry. Life is hard sometimes. I always figure it out." And then I say (as read), "Who chats?" The defendant responded (as read), "Life is hard but losing people is the hardest. So I'm sorry we chat." I responded (as read), "That's all you got, 'We chat!'? Sure. You're from Brockton. Spit it out. The defendant responded (as read), "You and I chatted about the girl who kept forgetting to lock the door." I said (as read), Oh, she has been out of play like for three months now. And then I believe it starts to say (as read), “Out of rotation?"
MR. LALLY: And then, sir, if I could direct your attention to page 20. And, again, sir, if you could read from that page.
MR. HIGGINS: I'm in the blue bubbles again. I said (as read), "Just got a Saturday invite." The defendant said (as read), "Did you say 'yes'?" I said (as read), "Not yet," with a bunch of periods, but did respond. The defendant said (as read), "What did you say, Mr. Elusive?" I responded (as read), "No. I just don't want to intrude on your couples night. Haha. I'm shy." The defendant responded (as read), "We prefer to hang out with noncouples. Bob Gallery is probably coming too solo. We'll probably do cards or something at some point. I'm inviting you." And I said (as read), "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 could direct your attention to the next page, page 21.
MR. HIGGINS: Yes.
MR. LALLY: And, again, if you could read from that page?
MR. HIGGINS: The defendant said (as read), "John said Brian is being 'wishy-washy' now, in guotes. I responded (as read), “Haha. Did you tell him you texted me?" The defendant responded (as read), "No." And then I gave a thumbs-up. Then I said (as read), "You cranky now?" The defendant said (as read), "Haha. No. Just stop being so anti-couples. Most couples don't even like each other." I said (as read), “Name a few." The defendant said (as read), "Name a few? I don't know. All of them? They all want to hang out with single people." And then I said (as read), "Hmmm."
MR. LALLY: Thank you. 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. (As read), “Foul ball." The defendant responded (as read), "You stink." I said (as read), "You suck and you're double trouble." The defendant responded (as read), "You're hot." I responded (as read), "Are you serious or messing with me?" The defendant responded (as read), "No. I'm serious." I responded (as read), "The feeling is mutual. Is that bad? How long have you thought that?" The defendant responded (as read), "Are you okay driving? You don't want to stay here." I responded back (as read), "I'm fine. I have an office at the P.D." You didn't answer the question. And then it starts to say -- the defendant said (as read), "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'Keefes' house?
MR. HIGGINS: I believe it was that night.
MR. LALLY: Now, at Mr. O'Keefe's house on that particular evening, do you recall which -- 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 houses, 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 percent 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: Well, her way.
MR. LALLY: And what --
MR. HIGGINS: 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 -- again, I'm sorry -- what happened?
MR. HIGGINS: The defendant kissed me.
MR. LALLY: And how did she kiss you?
MR. HIGGINS: Not like a friend.
MR. LALLY: Lip to lip; is that fair to say?
MR. HIGGINS: Yes.
MR. LALLY: Okay. Like a romantic case?
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: I'm not sure if we had just got to the outside or not. It might have -- I'm not sure if I'm -- 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 that -- when the defendant kissed you and when you left?
MR. HIGGINS: Oh, almost immediately.
MR. LALLY: Now, sir, if I could turn your attention back to the exhibit before you on page No. 27.
MR. HIGGINS: Yes.
MR. LALLY: Again, sir, if you could read from that page and who's speaking?
MR. HIGGINS: So I'm in the blue bubbles. And I said (as read), "I wish. I think you're messing with me." The defendant said (as read), "Why do you think that?" I responded (as read), "Because this is so out of left field. Where did these feelings come from?" The defendant responded (as read), "I just think you're like me." I said (as read), "Meaning?" The defendant said (as read), "Do you have your own kids?" I said (as read), "I have no kids. How am I like you? Ummm, hello?" And the defendant responded (as read), "Aren't we alike." I responded (as read), "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 you asking her about 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 were nine days in between the 12th and the 29th.
MR. LALLY: So as far as that questioning as far as posing to her why did she reach 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 suss 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 suss 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. (As read), "Shoot straight with me." The defendant responded (as read), "T told you. I just think we are alike. Right??" I responded (as read), "Yes. Agree. Now what?" The defendant responded (as read), "I don't know." I said (as read), "Ummm, shouldn't you know?" The defendant responded (as read), "Do you like me?" I said (as read), "Yes, from jump." The defendant said (as read), "When was jump"? I said (as read), "First time I saw you." The defendant responded (as read), "When was that?" I said (as read), "Hmmm? Hillside for your sure."
MR. LALLY: And if I could direct your attention to the next page, 29. And if I could ask you to read from that, sir?
MR. HIGGINS: So again I'm in the blue bubbles. (As read), "Hillside for sure. When were you interested?" The defendant responded (as read), "I don't know. You're just my type." I responded (as read), "You think you can handle me? I thought you were happy?" The defendant responded (as read), "How do you know if I'm happy?" I said (as read), "I just assumed." The defendant responded (as read), "Are you hard to handle?" I may have put a question mark. Then I said (as read), "What do you like about me?" The defendant responded (as read), "I just feel like you're from my neighborhood." I said (as read), "Yeah, ditto." The defendant responded (as read), “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. (As read), "You really think that? I have always thought that about you." The defendant responded (as read), "What?" I responded that you're hot, smart, witty, but I didn't think you were interested. The defendant responded (as read), "Witty?" I responded (as read), "Yeah, meaning guick with a response. Tell me why you got my number and reached out to me." The defendant responded (as read), "Just thought we were the same/from the same neighborhood." I responded (as read), "Are you afraid to say what's on your mind, what's in your mind?" And then I said, "On." The defendant responded (as read), "No. Didn't I? No, didn't I?"
MR. LALLY: And, sir, if I could turn your attention to the next page, 31, and ask you to read from that.
MR. HIGGINS: I'm in the blue bubble again. (As read), "I'm glad I stopped by. I should have come earlier. Do you really live in Mansfield?" The defendant responded (as read), "Yeah. I basically -- yeah. I was basically begging you." I responded (as read), "You don't have to bed me." I mean to say beg. The defendant responded (as read), "Huh?" I said (as read), "I will give you what you want. How are you texting right now? And I said (as read), “Uggh. Leaving me hanging." The defendant responded (as read), "No." I typed "kids," and then "kinda." The defendant responded (as read), "How am I texting?" And I began to say (as read), "Is everyone asleep?"
MR. LALLY: Now, as far as the communication from the defendant indicating, yeah, I was basically begging you, what did you take that to mean?
MR. HIGGINS: That she wanted me to come over.
MR. LALLY: And if I could turn your attention to the next page, page 32, and if I could ask you to read from that page, as well.
MR. HIGGINS: So it starts off with the defendant saying (as read), "I just just wide awake on my phone. Yes, they are." I said (as read), "I should have stayed. LOL. So now what?" The defendant said (as read), "Yes, you should have." I responded (as read), "That would have been distracting. So now what? So now what?" And then I said (as read), "Now." The defendant said (as read), “Now what, what?" I responded (as read), "Ball's in your court." The defendant said (as read), "What do you want?" I said -- I responded (as read), "Loaded question. What do you want?" The defendant responded (as read), "I asked you!" I, in turn, said (as read), "No. You initiated this."
MR. LALLY: And 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 (as read), "Spit it out." I'm in the blue bubbles. The defendant said (as read), "Hey, we are single and we don't have kids. We can do whatever we want." I responded (as read), "Don't you have a boyfriend?" The defendant responded (as read), "Where are you?" I said (as read), "Canton." The defendant said (as read), "Where?" I responded (as read), "My office is at the P.D. Why? Why, are you going to Mansfield?" The defendant responded (as read), "Where is that?" I said (as read), "Canton P.D." The defendant said (as read), "I have a house there from before I reconnected w John." I responded (as read), "Oh. I feel like you're not really saying what's on your mind."
MR. LALLY: If I could turn your attention to the next page, 34, and ask you to read from that, sir.
MR. HIGGINS: The defendant starts off and says (as read), "Do you like me?" I responded (as read), "Yes, clearly." The defendant said (as read), "Come over to my house." I responded (as read), "When?" The defendant said (as read), "When works for you." I said (as read), "Whoever and then whenever when works for you?" The defendant said (as read), "I asked you first." I responded (as read), "I think you're messing with me." The defendant said (as read), "I'm glad you came over tonight," with some type of face. I responded (as read), "Me too. Ball's in your court. What do you want, Karen? You looked great tonight."
MR. LALLY: If I could direct your attention to the next page, 35, and the second-to-last blue bubble down the bottom, starting with "are you glad." Do you see that?
MR. HIGGINS: Page 35?
MR. LALLY: Yes.
MR. HIGGINS: And where is it again?
MR. LALLY: Second-to-last blue bubble, starting with "are you glad."
MR. HIGGINS: Yes. I amin the blue bubble. I said (as read), "Are you glad you walked me out?"
MR. LALLY: And what did she respond?
MR. HIGGINS: The defendant said (as read), "Ummm, yes," with like a semicolon and some type of a mark there. (As read), "Are you?" And I said d-e-f, 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 (as read), "Yes." And then I said (as read), "Are you going home tonight or tomorrow a.m."? The defendant texted (as read), "We kissed, right?" So then I put a question mark on her question and said (as read), "Is this a trick question?" The defendant said (as read), "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 (as read), "Are you moving to Canton? I'm following your lead with this." The defendant responded (as read), "I live here but I have property in Mfield." I'm guessing it's Medfield. The defendant said (as read), why my lead? I don't want any responsibility." I responded (as read), "You started this, right? Why did you get my number, and it says (as read), “Each out to me." It meant to say reach out to me. I then said (as read), "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: The defendant said (as read), "Sorry. Should I not have?" I responded (as read), "I'm fine with it. Just don't know why you can't answer." The defendant Said (as read), "You're mad at me?" I said (as read), "OMG. No, not at all. You're being silly." The defendant said (as read), "I told you! I just think you're like me and I'm attracted to you." And then she said "a lot." I responded (as read), "Feeling is mutual. I just never saw this coming." The defendant said (as read), "Why?" I responded (as read), "Because I just assumed you were happy with your situation." The defendant responded (as read), "I was, but things have deteriorated."
MR. LALLY: And if I could direct your attention to the next page, page 38, and ask you to read from that, sir.
MR. HIGGINS: I said (as read), "Why? How so? What did Melissa say when you asked for my number?" The defendant responded (as read), "It is very, very complicated. He and I dated when we were kids and then his sister died and everything got fucked up." I responded (as read), "He seems very into you." The defendant responded, "I just told Melissa that I had your number but lost it." I said (as read), "That's cute. She wasn't suspicious?" The defendant responded (as read), "No. She's great." I responded (as read), "Does she know you like me?" The defendant responded (as read), "She's a sweetie. We just agreed you are great," with another smiley-type face.
MR. LALLY: And, sir, if I could direct your attention to page 40 and ask you to read from that.
MR. HIGGINS: The defendant said (as read), "Yeah, but where is that? I have had all my shit here for a couple of years and my house has been vacant. But I'd like to get closer to the water. I responded (as read), "Hmmm. Are you breaking up or staying together?" The defendant responded (as read), "I don't know. He hooked up with another girl on vacation. I'm very close to his niece. It is a very fucked-up situation." I responded (as read), “When was that and how did you find out he hooked up? I don't want to complicate your Situation." The defendant responded (as read), "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 friend. Whatever. It doesn't matter." I responded (as read), "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 -- 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 touch on that topic and I came to -- 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: So this was something that she brought up not only in the text communications 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: And if I could direct your attention to the next page, 41, and ask you to read from that.
MR. HIGGINS: So I'm in the blue bubbles. And I said (as read), "Did they bang?" The defendant responded (as read), "Does that matter?" I said (as read), "Sorry. I was just asking. I was just trying to figure shit out. The defendant responded (as read), "It doesn't really matter." I said (as read), "Okay. I won't ask again." The defendant said (as read), "I don't care," with a smiley face. "It doesn't matter. I said -- I responded back (as read), "Okay. Hear you loud and clear, Karen." The defendant responded (as read), "Ah, okay." I responded (as read), "Why are you getting your thing all twisted up over simple questions?" And then I typed thumb up. The defendant responded (as read), "I'm not. I am?" I responded (as read), "You're kind of getting defensive." The defendant responded (as read), "Not at all!"
MR. LALLY: Thank you, sir. If I could direct your attention to page 47 and ask you to read from that.
MR. HIGGINS: The defendant is in gray. She said (as read), "We did kiss earlier, no!" I responded in blue bubble (as read), "I think you initiated that, no?" The defendant said (as read), "Yup. Do I owe you an apology?" I said (as read), "OMG. No. Why are you being sensitive?" The defendant responded (as read), "T'm not." I responded (as read), "Kinda." There's a "offt, never," responded by the defendant. "What do you want from me?" I responded (as read), "What's on the table?" The defendant said (as read), "What do you want ideally?" I responded (as read), "The real deal." The defendant responded (as read), "It doesn't exist."
MR. LALLY: Thank you, sir. If I could direct your attention to page 57, sir, and ask you to read from that.
MR. HIGGINS: It starts off in blue. I said (as read), "I can go to any base but usually Hanscom in Bedford or down to the Cape." The defendant responded (as read), "Which base down the Cape? Which branch?" I said (as read), "Army's. Army." The defendant said (as read), "T'm not abnormally sensitive." I responded (as read), "Joint Base Cape Cod. I won't be so hard on you." The defendant responded (as read), "OMG. You're not. You called me trouble. That makes me sound bad." I responded (as read), "I was just playing with you." The defendant responded (as read), "You weren't, but that's okay." I responded (as read), "Stop being sensitive please." The defendant responded (as read), "T'm not."
MR. LALLY: Now, sir, in 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 could 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 the 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: The defendant said (as read), "I don't know? It's an old colonial. It has a lot of bedrooms," with kind of an emoji. I responded (as read), "More than you clearly need. Are you moving to Canton?" The defendant said (as read), "I know seriously some rooms I only go in to dust. Not anytime soon. I'm there most of the time but sometimes it's a lot." I responded (as read), "A lot why?" The defendant responds -- I then said (as read), "Do you even know what you want? Or who?" The defendant responded (as read), “Because I went from being solo to trying to give attention to kids who aren't mine and I never wanted kids." I responded (as read), "I thought you were happy in this -- I thought you were in this happy relationship." The defendant responded (as read), "Everyone is happy at the Hillside."
MR. LALLY: And 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 (as read), "Everyone is happy at the Hillside!" I responded (as read), "Oh, God. You avoid things." The defendant responded (as read), "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 (as read), "I think he believes he is doing the right thing." The defendant responded (as read), "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 (as read), "I know how you feel kinda. 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 (as read), "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 (as read), "I'm divorced since 2017 and I have no kids." The defendant responded (as read), "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 sister's. Then I told you he got drunk and sloppy on NYE while we were away, and that has really affected me." I responded (as read), "What did he exactly do?" The defendant responded (as read), "I never got married, and now somehow I'm arguing w someone about raising kids," with an emoji. I responded (as read), "Why don't you tell me?" The defendant responded (as read), "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 (as read), "Oh, God. Did they bang?"
MR. LALLY: I ask you to turn to the next page, sir, page 63. If you could read from that?
MR. HIGGINS: I'm in the blue. I said (as read), "Did they bang?" The defendant said (as read), "So I was with the kids -- so I was with the kids celebrating New Year's w" -- I think it's without him -- "which shouldn't be my role. No. I doubt it. He was a mess." I said (as read, "Hmmm. Was it the first time with her or do you think there were others?" The defendant responded (as read), "I don't really think there were others. I'm with him all the time. He never seems to want to go anywhere w/o," so 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 (as read), "Hmmm. You clearly have a lot of feelings swirling inside you." The defendant responded (as read), "Yeah. It's very complicated. Sorry for the rant." I responded or began to respond (as read), "You can vent, babe."
MR. LALLY: And if I could turn your attention to the next page, 64, and ask you to read from that, sir.
MR. HIGGINS: The defendant said (as read), "Basically, I just feel like I spread myself too thin and sometimes it's thankless." I responded, "Hmmm." The defendant responded (as read), "You probably felt that way too." I responded (as read), "I did at times. It was one, not two, thankfully." The defendant responded (as read), "Want to grab a drink?" I responded (as read), "If you gave me some notice, I could have." The defendant responded (as read), "YOU," in capital letters, "Said you were adaptable." I responded (as read), "I am, but I have my work truck with me and not my personal. Do you get angry when you don't get your way?" The defendant responded (as read), "That sounds like an excuse. I rarely get my way."
MR. LALLY: Now, as far as her invitation, is that something that occurred on 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 house 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, never.
MR. LALLY: And, sir, if I could direct your attention to page 74 and ask you to read from that.
MR. HIGGINS: The defendant said (as read), "Are you Single?" I responded (as read), "Yes." The defendant Said (as read), "I don't think it's out of left field. Wasn't I already begging you to come over last Saturday??" I responded (as read), "You getting my number from Melissa and reaching out to me?" The defendant said (as read), “And on vaca and probably a few other occasions." I responded (as read), "You didn't" -- it should say, "You didn't really beg." The defendant said (as read), "I asked at least twice. How do people usually reach out to each other??" TI responded (as read), "Why would I have thought you had any interest in me? Ummm, usually do it when they do live with -- usually do it when they do live with someone." And then I said (as read), "Do not do it." The defendant responded (as read), "Maybe. Maybe not."
MR. LALLY: Thank you, sir. If I could direct you to page 77 and ask you to read from that, sir.
MR. HIGGINS: I said (as read), "I could go on and on but I do not want to pump," it should say, "your shit up too much." The defendant responded (as read), "Thanks for saying that but low comps at the Hillside." I responded (as read), "You know how to ruin something nice. I frequent other places." The defendant responded (as read), "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 (as read), “Ummm, what?" The defendant responded (as read), “Yeah. He haS cameras everywhere. You cops," with another emoji. I responded (as read), "Jesus." The defendant said (as read), "He's like, Christ, are you guys hooking up??" And I said (as read), "OMG. Great."
MR. LALLY: If I could turn your attention to the next page, 78, sir.
MR. HIGGINS: I responded (as read), "I don't need drama, dude." The defendant said (as read), "No, it's fine." I responded (as read), "Seriously?" The defendant said (as read), "I'm serious!" I said (as read), "You legit planted one on me." The defendant responded (as read), "T know where the cameras are, anyway. Duh." And then it was (as read), "OMG. Bruins," with an emoji after that. I responded (as read), "So your slick move isn't on there," with some question marks. The defendant responded (as read), "Course not." I responded (as read), "Oh, my God." And then I said (as read), "I almost," and an emoji with somebody throwing up." The defendant responded (as read), "It was a peck, anyway. I kiss Kerri and gay Jeff, too." I responded (as read), "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: And if I could turn your attention to the next page, 79, and ask you to read from that, sir?
MR. HIGGINS: The defendant said (as read), "LOL. Funny." I responded (as read), "So now he is jealous of me?" The defendant said (as read), "No! I told you, he likes you a lot." I said (as read), "Which makes this worse?" The defendant said (as read), "You said or did something at the bar last week. And he goes (as read), "T like Brian more and more." I responded (as read), "T think he's a good dude too." The defendant responded (as read), "Yeah, he is." I responded (as read), "Funny. What's your end game? What do you want from me? You will just confuse the," it should say, "Shit out of yourself because I'ma 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 could direct your attention to page 84 and ask you to read from that page, sir.
MR. HIGGINS: I said (as read), "It was fun." The defendant said (as read), "I've complimented you today, too," with a couple of exclamation points and then some type of emoji. I said (as read), "And kicked my nuts." The defendant said (as read), "OMG. How?" I responded (as read), "If I had more notice, I would have grabbed a drink somewhere. So I'm all set with" -- and then I said in quotations, "'That's' fine, but I am not asking again.'" The defendant said (as read), "Well, it was 7:00 p.m., and I'm super cool. So right? Now I'm asking again," with some type of I think it's a smiley face. I responded (as read), "Coming to your house would have been bad for the both of us. For starters, you wouldn't have wanted me to leave." The defendant responded (as read), "Now equals not. That sounds good." I responded (as read), "That's trouble." The defendant said (as read), "Why?"
MR. LALLY: And if I could direct your attention to page 90 and ask you to read from that, sir.
MR. HIGGINS: Nine zero?
MR. LALLY: Nine zero. Yes.
MR. HIGGINS: The defendant said (as read), "No. I'm busting your chops. It's okay." I responded (as read), "No. You are sensitive. Nice try. You don't think if I came over for a drink we would have gotten carried away?" And defendant said (as read), "YOU," in capital letters, "Said you were adaptable and tons of fun. I took that for an invite for an invite." And I responded (as read), "Oh, okay." The defendant responded (as read), "I'm 42. I know what happens when you invite someone over for a drink." I responded (as read), "You're the master of avoidance. So you think I would just give it?" I meant to say give it up. The defendant responded (as read), "I have been a lot in my life. I have a little bit of carpe diem mindset," and then said, “been through."
MR. LALLY: And if I could direct you to the next page, 91, sir?
MR. HIGGINS: The defendant said (as read), "What am I avoiding? I'm not afraid to be direct." I responded (as read), "Some of my guestions." The defendant responded (as read), “Okay. Which. Ask again." I said (as read), "Nope. Trix are for kids." The defendant responded (as read), "I'm pretty sure we would have hooked up." I responded (as read), "Okay." The defendant said (as read), "I can't say that?" I said (as read), "Of course you can." The defendant said (as read), "Did I miss any other questions, sir? Probably. Are you having a drink right now?" The defendant said (as read), "Yeah, on my second." I said (as read), "Show me what you got."
MR. LALLY: And if I could direct your attention to page 99 and ask you to read from that, sir.
MR. HIGGINS: The defendant said (as read), "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 b/c," 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 (as read), "Was that your attempt at a lecture or deductive reasoning? What do you want from me?" The defendant said (as read), "That's just how I think/feel. You don't need to approve. I've already answered that last question a couple of times I think." I responded (as read), "I'm not judging you, never have, never will." The defendant responded (as read), "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 could now direct you to page 102 and ask you read from that.
MR. HIGGINS: The defendant said (as read), "My only," I'm assuming, "point is that there is 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 (as read), "Okay. So he is cool with you dating other people?" The defendant responded (as read), "And I'm not -- I 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 (as read), "Okay." The defendant said (as read), "You don't agree with me??"
MR. LALLY: If I could direct your attention to page 107 and ask you to read from that, sir.
MR. HIGGINS: The defendant said (as read), "At a bar?" I responded (as read), "I wasn't suggesting anytime soon. I know you're with your friend. I meant my house, probably after 8:00." The defendant said (as read), "Probably after 8:00." I responded (as read), "Okay. If you don't wanna, that's fine. No pressure." The defendant responded (as read), " I will, a drink." It looks like I tapped the bubble with a question mark. I then said (as read), "What do you drink? Are you out now?" The defendant responded (as read), "Sorry. I'1l1 drink whiskey if that's what you're having." I responded (as read), "Haha. Send me a pic of you two."
MR. LALLY: Now, you had testified earlier about some occasion prior to the 28th when the defendant had come over your house is West Roxbury, correct?
MR. HIGGINS: Yes.
MR. LALLY: And 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's out in Boston?
MR. HIGGINS: I believe she was out 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 for?
MR. HIGGINS: Not long.
MR. LALLY: And so what happens when she arrived or what, if anything, did the two of you talk about?
MR. HIGGINS: It was kind of more of this. It was kind of a -- it wasn't an interrogation. It was a face-to-face version of trying to suss out and vet like what is this all about. Again, I mean, you know, I'm 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, weaponize me, against somebody that I liked. And it was just a weird experience. I don't think either one of us finished a drink. Like I said, it was this type of like what is this all about, and then she left. 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 or 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 when you were over Mr. O'Keefe's house for the Patriots game?
MR. HIGGINS: Are you asking if she ever kissed me again?
MR. LALLY: I'm asking you if there was any kissing, any sexual relationship, anything at all between yourself and the defendant.
MR. HIGGINS: Absolutely not. And, referring to at my residence when she stopped by, it was just I was very uncomfortable. It was just an uncomfortable situation. It was just a weird vibe. That's how I can describe it.
MR. LALLY: And, lastly, sir, lastly as it applies to this, turning your attention to the last page, No. 118, there's a couple different dates from the middle to the bottom of the page; is that correct?
MR. HIGGINS: There is.
MR. LALLY: And if I could ask you to start reading from where it says, Sunday, January 23rd, 9:40 p.m.?
MR. HIGGINS: So Sunday, January 23rd at 9:40 p.m., the defendant texted me (as read), “Phone works," and then an emoji with arrows going like both ways. And I responded (as read), "Thought you were all set?" The defendant said (as read), "With talking? No." I said (as read), "Hmmm. Are you sure." And she didn't respond. And I believe I said -- that was it for the 23rd. I'm sorry.
MR. LALLY: 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 Waterfall.
MR. LALLY: And, again, what does the text say there?
MR. HIGGINS: (As read), "Ummmmmm, well."
MR. LALLY: And 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 it said?
MR. HIGGINS: That is the defendant. And the defendant said (as read), “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 Ms. Read following receiving that text message on January 29th?
MR. HIGGINS: No, I have not.
MR. LALLY: Thank you, sir. Ms. Gilman, you can take it. Now, sir, if I could -- just a couple more guestions for you. Taking you back on 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 sort of that portion into your mind. When you're 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, do you recall that?
MR. HIGGINS: I do.
MR. LALLY: About how much distance are we talking about with respect to that?
MR. HIGGINS: Distance? Less than a foot, I would say. I mean, it's real clear. I heard it.
MR. LALLY: And then, as far as when you -- are you familiar with an area in the front of Mr. Albert's property at 34 Fairview where there is a flagpole anda fire hydrant?
MR. HIGGINS: I do know where that is, yes.
MR. LALLY: And, as you drove by the house that evening, where were you in relation to that part of the yard?
MR. HIGGINS: When I drove away?
MR. LALLY: Yes.
MR. HIGGINS: I might have been in the -- I was in the street. I pulled away. So that area would be on my passenger side.
MR. LALLY: And so more 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 kind of a -- 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 and drove away.
MR. LALLY: If I may have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I have no further questions of this witness, Your Honor.
JUDGE CANNONE: All right. I'll see you for one minute over here at sidebar. Jurors, feel free to stand and stretch.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: I'm sorry. You're not getting into the proffer, are you?
MR. JACKSON: I was going to, yes. At some point, I'm going to ask him about the proffer, and I was going to ask to approach first. I think it's exceedingly important that the jurors understand that he --
JUDGE CANNONE: Do we know anything about that proffer?
MR. JACKSON: I know that it was --
MR. LALLY: I don't think the proffer means what counsel thinks it means.
JUDGE CANNONE: Well, the point is, he's represented by counsel, right? So we're going to have a voir dire or at least -- unless you can show me that that proffer has nothing to do with his testimony here, I'm not letting it in.
MR. JACKSON: The only thing -- I'll ask him about the -- it certainly has a lot to do with his testimony here because the proffer was obviously the subject matter. The only question is do I style it as a proffer. I wasn't going to ultimately say, did you give an interview ora statement and in that interview you knew that you were testifying under a grant of immunity. If the Court doesn't want me to, then I will follow the Court's instructions.
JUDGE CANNONE: Not with that foundation. And I know you're ina hurry to get this done, and I don't want that to interfere with anything. Is his lawyer here today, do we know?
MR. JACKSON: He's right here. That's a question I'm going to ask him.
JUDGE CANNONE: Oh, about his lawyer?
MR. JACKSON: Right.
JUDGE CANNONE: So not until after lunch and he's got a right to talk to his lawyer about this. I see a hearing here at sidebar. It's not as simple as we've said. And, from what you said is the foundation, I don't see any. So I need to explore a little more and --
MR. JACKSON: It's not a big part of my cross.
JUDGE CANNONE: All right. So you decide.
MR. JACKSON: I'll decide on the fly. I certainly won't do anything without approaching you first.
JUDGE CANNONE: Okay.
MR. JACKSON: Is it possible that we could do a 45-minute lunch instead of an hour?
JUDGE CANNONE: I was thinking that. So let's see where you go.
MR. JACKSON: Thank you.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: All right. Mr. Jackson, whenever you're ready.
MR. JACKSON: Thank you, Your Honor.