Trial 1 Trial Day
◀ Day 18 Trial 1 Day 20 ▶

Day 19 - June 3, 2024

Judge Beverly J. Cannone · Trial 1 · 9 proceedings · 2,399 utterances

Day 19 of 35
Appearing:

Defense hammers investigative failures as SERT commander admits no follow-up search was ever requested; forensic scientist reveals a six-week chain-of-custody gap; trace evidence expert connects road debris to Read's tail light.

Full day summary

Day 19 opened with SERT Commander Kevin O'Hara's account of the January 29, 2022 evidence search at 34 Fairview Road, where his team recovered taillight fragments and a buried sneaker under undisturbed snow. Yannetti's cross exposed that the crime scene had been abandoned since 7:50 a.m. — nearly ten hours before the nighttime search — and that lead investigator Trooper Proctor never once called O'Hara back for a follow-up daylight search despite an explicit offer to return. Forensic scientist Maureen Hartnett then testified through direct and cross about her vehicle and clothing examinations: no biological material linked the SUV to a pedestrian strike, glass fragments were merely resting on the bumper surface after a sixty-mile blizzard drive, and all evidence submitted to the lab arrived in a single batch on March 14 — six weeks after collection — with no documented chain of custody predating that submission. The day closed with trace evidence expert Ashley Vallier beginning testimony on physical match analysis, reaching the critical finding that fragments recovered from the road scene matched the tail light housing from Read's Lexus.

  • Yannetti establishes the crime scene at 34 Fairview Road was left unsecured and unguarded for approximately ten hours before the SERT nighttime search began.
  • O'Hara confirms that lead investigator Trooper Proctor never contacted him to conduct a follow-up daylight search on any of six subsequent dates, despite O'Hara's offer to return.
  • Jackson exposes a six-week chain-of-custody gap: all evidence except items Hartnett personally collected was submitted to the lab on March 14, with no documentation of where the evidence was in the intervening weeks.
  • Hartnett concedes that glass fragments recovered from the bumper were simply resting on the surface — not embedded — even after the vehicle traveled roughly sixty miles through a blizzard.
  • Trace expert Ashley Vallier testifies that multiple fragments recovered from 34 Fairview Road form a physical match with the tail light housing from Read's vehicle, connecting road debris to the defendant's car.
David Yannetti
“Were you aware that the scene had been abandoned by the police and investigators at about 7:50 in the morning?”
Yannetti's disclosure that the scene had been abandoned since morning — before the nighttime SERT search — anchors the defense's chain of investigative neglect across the entire day.
Maureen Hartnett
“I personally do not have any data that would indicate where those items of evidence were prior to them being accepted into the lab.”
Hartnett's admission of a complete evidentiary void spanning six weeks undercuts the prosecution's chain-of-custody integrity for nearly all physical evidence collected.
Kevin O'Hara
“No, he did not.”
The flat confirmation that Proctor never called for a follow-up search closes the O'Hara cross on the defense's sharpest point — deliberate investigative inaction.

Kevin O'Hara - Direct

MSP SERT Lt. Kevin O'Hara describes the organized evidence search at 34 Fairview Road on January 29, 2022, recovering taillight pieces and a sneaker from snow drifts near the curb.

Direct
Kevin O'Hara Adam Lally
323 utt.

Lt. Kevin O'Hara, commander of the Massachusetts State Police Special Emergency Response Team (SERT), testified about being activated by Lt. Brian Tully to conduct an evidence search at 34 Fairview Road in Canton during blizzard conditions on January 29, 2022. After a multi-step approval process, seven SERT members responded and conducted a methodical grid search of approximately 59 feet along the roadway between the flagpole and fire hydrant. The team recovered six or seven pieces of red and clear taillight plastic and one sneaker, all found at ground level near the curb beneath undisturbed snow. O'Hara described the search methodology, GPS documentation of evidence locations, probability of detection assessment, and the decision to suspend the search after finding no evidence 8-10 feet past the last recovery point.

+1 procedural segment

Kevin O'Hara - Cross/Redirect

Defense attorney Yannetti cross-examines Lt. O'Hara on crime scene security and search procedures; prosecution redirect addresses documentation and evidence handling.

Cross
Kevin O'Hara David Yannetti
422 utt.

Attorney David Yannetti methodically questioned Lt. O'Hara about the timeline between the initial call from Lt. Tully at 2:32 p.m. and the team's actual arrival after dark, emphasizing that the crime scene was unsecured and unguarded for hours before the search began. Yannetti established that O'Hara was never told the scene had been abandoned by police since approximately 7:50 a.m. and that no one from law enforcement was controlling it when his team arrived. The cross-examination challenged inconsistencies between O'Hara's prior testimony about evidence proximity (within inches/less than a foot) and the mapped GPS coordinates, and highlighted gaps in search documentation — including no timestamp for the team's dispatch in the Daily Journal. Yannetti concluded by establishing that lead investigator Trooper Proctor never called the SERT team back for a daylight follow-up search on any of six subsequent dates, despite O'Hara's offer to return.

Redirect
Kevin O'Hara Adam Lally
32 utt.

In a brief redirect of seven questions, ADA Lally addressed two points raised during cross-examination. First, he established that the decision to dispatch both O'Hara's SERT unit and Tully's unit came from above their respective ranks, countering any implication of delay or poor coordination at their level. Second, Lally clarified the documentation hierarchy — the Daily Journal contains only general day-to-day summaries, while the Mission Manager software generates more detailed reports, and the AVL (automatic vehicle locator) system on cruisers provided precise arrival times. Finally, Lally reinforced that all recovered evidence was photographed in place as discovered, neutralizing the cross-examination's challenge about measurement inconsistencies between inches and feet.

Maureen Hartnett - Direct

Forensic scientist Maureen Hartnett testifies about evidence collected from Karen Read's black Lexus and John O'Keefe's clothing, documenting damage, collecting blood and DNA samples, and establishing chain of custody for evidence testing.

Direct
Maureen Hartnett Adam Lally
744 utt.

Maureen Hartnett, a forensic scientist with the Massachusetts State Police crime lab, testifies about her examination of Karen Read's black Lexus SUV at the Canton Police Department garage on February 2, 2022, and her subsequent lab analysis of collected evidence. She documents damage to the rear passenger area including a dent, scratches, and a broken tail light, and collects an apparent human hair from the rear quarter panel, apparent glass fragments from the bumper, paint standards, and the tail light housing. Blood screening tests on the vehicle's undercarriage and bumper are negative. Hartnett later examines John O'Keefe's gray sweatshirt (item 7-18), documenting 13 areas of damage (tears and cuts) on the sleeves and body, multiple red-brown stains tested positive for blood, and collects swabs from the damaged right sleeve area for canine DNA testing sent to UC Davis Veterinary Lab.

Direct
Maureen Hartnett Adam Lally
112 utt.

In this continuation of her direct examination, forensic scientist Maureen Hartnett walks the jury through her examination of the remaining clothing items collected from John O'Keefe: the orange T-shirt (item 7-17), jeans (item 7-1), and sneakers (items 7-3 and 7-4, recovered from two different locations). Lally publishes photographs showing red-brown stains she marked on each item — five stains labeled A through E on the T-shirt and five on the jeans. Hartnett testifies that screening and confirmatory blood tests were positive on the sweatshirt, T-shirt, and jeans, while one sneaker stain also screened positive after examination with an alternate light source. She describes her trace evidence collection process — loose hairs and fibers, skin cell scrapings and swabs for DNA, and material scrapings — and explains the chain of custody for sub-items sent to the DNA and trace units. The examination concludes with Hartnett's handling of glass fragments from the bumper and a drinking glass from the crime scene, from which she collected skin cell swabs for DNA testing.

+1 procedural segment

Maureen Hartnett - Cross/Redirect/Recross

Forensic examiner Maureen Hartnett faces cross-examination challenging the vehicle damage evidence and evidence handling procedures; brief redirect and recross conclude her testimony.

Cross
Maureen Hartnett Alan Jackson
432 utt.

Alan Jackson methodically challenges Hartnett's forensic work on several fronts. He establishes that none of the vehicle damage — dent, scratches, or broken tail light — was scientifically linked to a pedestrian strike, and that blood screening of the vehicle was negative. Jackson highlights that glass fragments found on the bumper were merely sitting on the surface, not embedded, despite the vehicle having traveled approximately 60 miles through a blizzard before examination. He raises similar questions about a hair found on the vertical quarter panel, unsecured and easily removed. Jackson then targets evidence handling: Solo cup blood samples were not individually labeled, only one of six was swabbed, no DNA testing was performed on that swab, and the remaining cups were left with Canton police. He establishes that clothing items were bagged together and that debris collected from two shirts was combined into a single submission. The cross concludes by revealing a chain of custody gap — all evidence except what Hartnett personally collected at the sallyport was submitted on March 14, 2022, over six weeks after the incident, with no documented chain of custody predating that submission.

Redirect
Maureen Hartnett Adam Lally
21 utt.

In a short redirect of 21 utterances, ADA Lally addresses two points raised during cross-examination. He confirms that the defendant's vehicle was in generally good condition aside from the documented right rear damage, and establishes that Hartnett's DNA swabs from the tail light housing were collected only from the exterior-facing surfaces — not from interior portions that would have been protected by the intact plastic cover. Lally also asks about garage conditions, but Hartnett cannot recall the temperature or whether the garage was heated. She testifies she does not recall seeing frozen snow or ice on the vehicle's exterior when she examined it.

Recross
Maureen Hartnett Alan Jackson
14 utt.

In a brief recross of just 14 utterances, Alan Jackson asks Maureen Hartnett to look again at what has been marked for identification as Exhibit UU, the evidence submission form. He asks who signed the form, but ADA Lally objects and Judge Cannone sustains the objection, offering Jackson a sidebar. Jackson rephrases, but the judge cuts him off, telling him it is the same question and again offering a sidebar. Jackson declines and concludes his examination with no further questions. Hartnett is excused.

Ashley Vallier - Direct (Part 1)

MSP Crime Lab forensic scientist Ashley Vallier testifies about physical match analysis of plastic and glass fragments recovered from 34 Fairview Road and clothing, linking assembled pieces to a tail light housing.

Direct
Ashley Vallier Adam Lally
292 utt.

Ashley Vallier, a forensic scientist in the Trace, Arson, and Explosives unit at the Massachusetts State Police Crime Laboratory, is qualified and begins direct examination. She describes her education (UC San Diego biochemistry, Boston University forensic sciences) and five years of experience in physical match analysis, gunshot residue, and trace recovery. Vallier explains her methodology for physical match analysis — examining broken or irregular edges under a stereo zoom microscope to determine if pieces fit together. She details her examination of numerous items of apparent plastic and glass recovered from 34 Fairview Road (lab items 7-5 through 7-19) and debris collected from clothing items. After individually documenting, photographing, and examining each piece, she assembled multiple fragments into larger groupings she designated as pieces one through five. The critical finding: piece one — assembled from multiple road-recovered fragments — was a physical match with item 3-1, the tail light housing. The testimony is adjourned mid-examination and scheduled to continue Wednesday.

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