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◀ Day 17 Trial 1 Day 19 ▶

Day 18 - May 28, 2024

Higgins Phone Disposal, Hospital Testimony, and Alcohol Analysis

20Proceedings
7Pages
6Witnesses
1,966Lines
9 sidebars
Day 18 of 35
Appearing:

Brian Higgins testified about his phone disposal, followed by hospital, alcohol-analysis, plowing, and municipal-video testimony.

Full day summary

Brian Higgins completed cross-examination, redirect, and recross. He testified about receiving a preservation order, later disposing of his phone and broken SIM card, his communications with Karen Read, and his departure from Fairview Road. The court admitted keycard logs by agreement. Emergency physician Dr. Justin Rice described John O'Keefe's arrival at Good Samaritan Hospital, resuscitative treatment, charted physical findings, and a 7:50 a.m. death declaration. The court admitted Karen Read's redacted hospital records. Pathologist Gary Faller described the hospital's alcohol-testing procedures and testified that the chart reported a 93-milligrams-per-deciliter result, while distinguishing hospital serum testing from a whole-blood conversion. Forensic toxicologist Nicholas Roberts testified about converting that reported serum result and conducting a retrograde extrapolation using stated timing assumptions. On cross-examination, he agreed that the calculation depended on the accuracy of the clinical result and its underlying time assumptions. Canton public works superintendent Michael Trotta authenticated the storm plow plan and identified Fairview Road's assigned route. Canton IT manager Louis Jutras described retrieving municipal camera footage, reported that snowstorm GPS information was unavailable, and the parties admitted library footage that was shown to the jury. The court also addressed redactions and scheduling matters outside the jury's presence.

Brian Higgins Cross-Examination on Phone Disposal

Higgins acknowledged that he received a preservation order, never received written notice lifting it, and later chose to dispose of his phone without consulting anyone.

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Dr. Justin Rice Describes Emergency Treatment of John O'Keefe and Karen Read

Dr. Rice testified from the chart that O'Keefe was pronounced dead at 7:50 a.m. after resuscitative efforts.

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Garrey Faller - Direct Examination

Faller explained that the hospital reports plasma or serum alcohol testing and does not perform an official conversion to a whole-blood level.

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Nicholas Roberts - Direct Examination

Roberts testified that his retrograde extrapolation used 12:45 a.m. as the last-drink time and produced a calculated range from 0.125 to 0.292 gram percent.

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Michael Trotta Describes Canton Plow Plan and Fairview Route

The court admitted the Canton plow plan for the January 28-29, 2022 storm as Exhibit No. 109 without objection.

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Louis Jutras — Direct Examination

The parties agreed to admit the disk containing library footage as Exhibit No. 110, and portions of the video were published to the jury.

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Brian Higgins
“Because it was beaten. It was broken up. And I had already had a new phone. The only explanation is I threw it away. That's it.”
Higgins gave his explanation for disposing of his phone after the subpoena and hearing.
Justin Rice
“Clinical Impression: Cardiac arrest, head trauma, exposure to environmental cold.”
Dr. Rice stated the clinical impression recorded in Mr. O'Keefe's chart.
Nicholas Roberts
“Yeah. You do have to base it on good -- your starting blocks have to be good. So you have to know the times in which the blood was drawn, the time of the incident and essentially what your value was for your BAC.”
Roberts identified the inputs he said were necessary for a reliable extrapolation.
Video thumbnail for Day 18 — Higgins (cont), Rice, Faller, N. Roberts +2 more 7h 19m
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1. Brian Higgins — Cross/Redirect/Recross

Brian Higgins addressed the preservation order, disposal of his phone and SIM card, and communications surrounding his change of phone number; keycard logs were admitted as Exhibit No. 105.

sidebar
Instruction on Mr. Jackson's Absence
11 lines

The judge discussed instructing the jury not to consider Mr. Jackson's absence and directed counsel not to mention it.

Cross
Brian Higgins David Yannetti
157 lines

David Yannetti questioned Brian Higgins about the preservation and disposal of his phone. Higgins acknowledged receiving a preservation order that was never lifted in writing, later disposing of the phone and a destroyed SIM card, and not preserving text messages with Kevin Albert, Nicole Albert, and Brian Albert. He denied telling investigators that he factory-reset the phone.

Redirect
Brian Higgins Adam Lally
191 lines

Brian Higgins testified about his route from Fairview Road, communications with Ms. Read, and the reasons he kept their messages private. He denied speaking with Brian Albert around 2:22 a.m. on January 29, described Canton Police Department keycard access, and explained that he later discarded his broken phone and SIM card with other trash after learning a request for the physical phone had been denied. Higgins also denied seeing anything by the roadside as he left Fairview Road and said he would have acted if he had seen John O'Keefe.

sidebar
Key Log Records Introduction
17 lines

Counsel discussed introducing key log and keycard records using a clean copy and handling the records at sidebar.

Recross
Brian Higgins David Yannetti
55 lines

Defense counsel recross-examined Brian Higgins about his explanation for changing his phone number and obtaining a new phone. Higgins said the phone number was his primary concern, acknowledged changing it on September 29, 2022, and confirmed that he received the preservation order the following day. He also acknowledged preserving his exchanges with Karen Read before disposing of his phone and did not deny possibly telling his supervisor about the texting. The court sustained an objection to a question about “consciousness of guilt.” Keycard logs were entered as Exhibit No. 105 by agreement.

2. Procedural - Juvenile Witness

Before a juvenile witness testified, the court recessed the jury, addressed media restrictions, and confirmed courtroom seating arrangements.

sidebar
Accommodations for Redacted Witnesses
18 lines

Counsel discussed accommodating two redacted witnesses, including camera restrictions, before one entered the courtroom.

Procedural
Juvenile Witness Procedures and Jury Instruction
25 lines

The court recessed the jury before a juvenile witness, stated that a media order prohibited transmission of that testimony, and confirmed the parties' agreement on the child's courtroom seating. Afterward, the court struck a comment and instructed jurors that counsel would speak to them during closing argument before moving to another juvenile witness.

sidebar
Break Before Medical Testimony
7 lines

The judge and counsel discussed a brief jury break and press setup before Dr. Rice's medical testimony.

3. Justin Rice — Direct/Cross/Redirect

Dr. Justin Rice described John O'Keefe's emergency treatment, death declaration, and the medical records examined by both sides.

Direct
Justin Rice Adam Lally
234 lines

Emergency physician Dr. Rice described John O'Keefe's arrival at Good Samaritan Hospital unresponsive, intubated, and receiving CPR. He testified from the medical chart about O'Keefe's cardiac arrest, low recorded temperature, treatment, physical findings, and a 7:50 a.m. death declaration. Following a sidebar, O'Keefe's redacted records were marked only for identification. The court admitted Karen Read's redacted hospital records as Exhibit No. 106, and Rice read an alcohol-screen result of 93 milligrams per deciliter from those records.

1 sidebar inside this proceeding
  1. Medical Records Hearsay Objection Counsel disputed unredacted narratives in redacted medical records, and the judge deferred the matter while marking the records for identification.
Cross
Justin Rice Elizabeth Little
108 lines

Defense counsel questioned Dr. Rice about his lack of recollection of Ms. Read's care and the collection, packaging, and lab submission of her blood. After reviewing Mr. O'Keefe's report, Rice agreed it contained no suggested EMS statement that he may have been struck by a vehicle and no mention of a vehicle. Rice also confirmed that his report did not document injuries to several areas below O'Keefe's neck or a fracture.

Redirect
Justin Rice Adam Lally
33 lines

Dr. Rice explained that the emergency team focused on airway management, CPR, and other resuscitative measures for Mr. O'Keefe, rather than conducting a full skeletal survey or documenting injuries not pertinent to resuscitation. He read his charted clinical impression: cardiac arrest, head trauma, and exposure to environmental cold. After his testimony ended, the court directed counsel to confer on proposed redactions and provide competing versions by 1:15 if needed.

4. Gary Faller — Direct/Cross/Redirect/Recross

Dr. Gary Faller explained the hospital's alcohol-testing procedures and Karen Read's charted plasma alcohol result before the defense questioned the limits of translating it into a forensic whole-blood level or time of consumption.

Direct
Gary Faller Adam Lally
150 lines

Pathologist Garrey Faller described Good Samaritan Medical Center's laboratory accreditation and alcohol-testing procedures, including its policy to use a nonalcohol swab for an alcohol blood draw. He testified that Karen Read's chart reported an alcohol result of 93 milligrams per deciliter, explained that the hospital tests plasma, and said the hospital does not make an official conversion to a whole-blood level.

Cross
Gary Faller Elizabeth Little
42 lines

Defense counsel questioned pathologist Gary Faller about hospital serum alcohol testing, including the NADH-based methodology, potential interferences, and the distinction between clinical testing and forensic whole-blood analysis. Faller said the hospital does not convert serum results to whole-blood alcohol levels and agreed that a serum result does not establish when alcohol was consumed.

Redirect
Gary Faller Adam Lally
10 lines

On redirect, pathologist Gary Faller testified that certain laboratory conditions can trigger a flag, disclaimer, or withholding of a result. He said Ms. Read's chart showed none of those flags. The judge sustained one defense objection to the form of the prosecutor's question.

Recross
Gary Faller Elizabeth Little
13 lines

Defense counsel asked no further questions, and Dr. Gary Faller was excused. The Commonwealth then called Nicholas Roberts as its next witness.

sidebar
Admissibility of Results
14 lines

Counsel addressed outstanding redactions and whether there was any objection to the admissibility of unspecified results.

5. Nicholas Roberts — Direct/Cross/Redirect/Recross

Forensic toxicologist Nicholas Roberts explained his blood-alcohol analysis for Karen Read, and defense counsel questioned the assumptions used in the calculation.

Direct
Nicholas Roberts Adam Lally
197 lines

Forensic toxicologist Nicholas Roberts described his qualifications and State Police Crime Lab procedures before explaining his serum-conversion and retrograde-extrapolation analyses for Karen Read. He testified that a 93-milligrams-per-deciliter serum result from a 9:08 a.m. specimen converted to 0.078 to 0.083 gram percent, and that his retrograde calculation using 12:45 a.m. as the last-drink time produced a range of 0.125 to 0.292 gram percent. The court directed the prosecutor to ask another question after one objection and later overruled an objection to the revised questioning.

Cross
Nicholas Roberts Elizabeth Little
111 lines

Defense counsel questioned forensic toxicologist Nicholas Roberts about the assumptions used in his retrograde-extrapolation analysis, including the timing of the blood draw, incident, and last drink. Roberts agreed that his analysis assumed the accuracy of a single hospital test, that individual serum-to-blood conversions are difficult to predict precisely, and that an invalid clinical result or drinking after the assumed time could invalidate the calculation. He said the broad range resulted from the factors involved in the calculation.

Redirect
Nicholas Roberts Adam Lally
19 lines

On redirect, forensic toxicologist Nicholas Roberts clarified that the known incident and blood-draw times were inputs to his retrograde blood-alcohol analysis. He said a later drink could change the calculation's time frame; he testified that an assumed last drink at 5:00 a.m. would significantly affect the calculation, while one at 1:00 a.m. would not.

Recross
Nicholas Roberts Elizabeth Little
12 lines

On recross, Nicholas Roberts confirmed that the 12:45 time used in his analysis was supplied by a police report, not by Karen Read. He was then excused.

6. Michael Trotta — Direct/Cross

Michael Trotta authenticated Canton’s plow plan and testified about the truck assigned to Fairview Road, then discussed a brief call with Michael Proctor on cross-examination.

Direct
Michael Trotta Adam Lally
101 lines

Michael Trotta, Canton’s superintendent of public works, described the town’s snowstorm staffing and plowing procedures. He authenticated the January 28-29, 2022 plow plan admitted as Exhibit No. 109, identified Fairview Road as part of lower Cedarcrest Route 11, and described the vehicles assigned to that route.

Cross
Michael Trotta David Yannetti
119 lines

Defense counsel questioned Canton Department of Public Works superintendent Michael Trotta about his brief call with Michael Proctor after the snowstorm. Trotta repeatedly qualified his memory of whether he identified Brian Loughran or Bill Walsh during that call, but said Proctor did not ask him to speak with Loughran. Trotta confirmed that Loughran drove the truck that plowed Fairview Road on January 29, 2022. The court sustained objections to questions about a defense investigator and a truck nickname, and Trotta said two plow-list documents appeared identical.

7. Louis Jutras — Direct/Cross

Louis Jutras testified about retrieving Canton security-camera footage, including library video admitted as Exhibit No. 110, and said on cross-examination that he could not recreate footage after the retention period.

Direct
Louis Jutras Adam Lally
163 lines

Louis Jutras, Canton’s information-systems manager, described the town’s security-camera systems, their motion-activated recording and retention practices, and his retrieval of requested footage from Pequitside Farm, the library, and town hall. He said he exported the requested Washington Street camera footage for the specified overnight and morning periods and sent it to Trooper Dunne. He also testified that DPW-truck GPS information was reported unavailable during the January snowstorm. The parties agreed to admit the library footage as Exhibit No. 110, and portions were shown to the jury.

1 sidebar inside this proceeding
  1. Video Display for Jury Orientation Counsel discussed showing video from two time periods for jury orientation, and defense counsel said there would be no objection.
Cross
Louis Jutras David Yannetti
69 lines

Defense counsel questioned Canton IT manager Louis Jutras about the requested library video footage. Jutras said he verified the beginning and ending times but did not watch every second, supplied the footage as motion-activated raw footage, and was not asked by a state trooper to preserve it beyond its less-than-30-day retention period. He later said he could not recreate another copy and had no knowledge of how police preserved the footage after receiving it. The judge allowed one question on that limit of knowledge and sustained an objection to a later question about whether video was removed after Jutras provided it.

sidebar
Witness Availability and Trial Schedule
15 lines

Counsel discussed an unavailable next witness, projected case timing, and the schedule for the following week.

Procedural
Procedural
3 lines
sidebar
Sidebar - Witness Scheduling and Exhibit Redactions
72 lines

The court discussed the prosecution's anticipated next witnesses, including a proposal to call Ashley Vaillier out of order on Monday because of availability. The court directed defense counsel to provide information concerning a newly disclosed forensic pathologist and noted that any motion to exclude that witness would have to be addressed. The court also resolved exhibit-handling issues by directing further redactions and marking the unredacted Exhibit No. 48 for identification.

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