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◀ Day 18 Trial 1 Day 20 ▶

Day 19 - June 3, 2024

SERT Search, Vehicle Testing, And Taillight Comparison

8Proceedings
5Pages
3Witnesses
3,076Lines
4 sidebars
Day 19 of 35
Appearing:

SERT search testimony, vehicle and clothing testing, and a forensic comparison of taillight pieces were presented.

Full day summary

Lieutenant Kevin O'Hara described SERT's blizzard-time grid search outside 34 Fairview Road, where the team recovered taillight pieces and a sneaker near the curb. He said the search was suspended after moving beyond the recovered items and that SERT offered to return in daylight or after snow melt; on cross-examination, he also qualified the precision of item-location descriptions and said the team was not called back for a further search on the dates raised by defense counsel. Forensic scientist Maureen Hartnett described her examination of Karen Read's Lexus SUV, collections from the vehicle and clothing, and blood-screening results. She acknowledged a remediated 2022 proficiency-test error, corrected the date of her sally-port visit, and explained that some collections combined multiple areas, limiting location-specific conclusions. She testified that specified vehicle swabs screened negative for blood and that taillight-housing swabs came from exposed portions. Forensic scientist Ashley Vallier described laboratory comparison of plastic and glass-like pieces. She testified that an assembled Piece 1 physically matched the taillight identified as Item 3-1. The court addressed a foundation objection at sidebar, stating the defense could move to strike if the Commonwealth did not later lay a foundation.

Kevin O'Hara Describes Blizzard Evidence Search at 34 Fairview

O'Hara testified that the search located multiple red and clear taillight pieces and a sneaker between the flagpole and fire hydrant, with the items found near the curb at ground level.

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Kevin O'Hara - Cross-Examination

O'Hara confirmed that SERT offered to return for a daylight search, and said Trooper Michael Proctor did not call SERT back on the six dates raised by defense counsel.

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Maureen Hartnett Describes Lexus and Clothing Examinations

Hartnett testified that she examined the Lexus SUV for biological material, collected apparent glass, paint standards, an apparent hair, and the taillight housing, and found negative blood-screening results on the specified exterior areas.

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Maureen Hartnett Cross-Examination

Hartnett testified that one collection swab covered multiple external areas of the taillight housing, so the testing could not identify the particular swabbed location from which any DNA originated.

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Ashley Vallier - Direct Examination

Vallier testified that she assembled several groups of questioned pieces and that Piece 1 physically matched Item 3-1, identified as the taillight.

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Kevin O'Hara
“I told him there was a good chance we did not find everything and said, if you want us to come back in the daylight to give us better lighting to search or after a couple of days, the weather was supposed to warm up, if you wanted us to come back after there was some snow melt just to reach out to me and we would come back.”
O'Hara acknowledged the search might not have located every item and described possible follow-up searches.
Maureen Hartnett
“In this particular instance, I had an inconsistent answer with the expected laboratory result.”
Hartnett directly acknowledged the proficiency-test error that led to remediation.
Ashley Vallier
“Piece 1 was a physical match with Item 3-1, the taillight.”
Vallier gave her stated physical-match conclusion for the assembled piece and the taillight housing.
Video thumbnail for Day 19 — O'Hara, Hartnett, Vallier 7h 4m
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1. Kevin O'Hara — Direct

Lieutenant Kevin O'Hara described SERT's blizzard grid search outside 34 Fairview Road and the recovery of taillight pieces and a sneaker near the curb.

Procedural
Procedural - Motions
15 lines
Direct
Kevin O'Hara Adam Lally
402 lines

Lieutenant Kevin O'Hara described SERT's activation during a blizzard and its grid search outside 34 Fairview Road in Canton. He testified that the team recovered multiple red and clear taillight pieces and a sneaker near the curb between the flagpole and fire hydrant, stopped the search for documentation when items were found, and used photographs and handheld GPS mapping. O'Hara said the team suspended the search after proceeding beyond the recovered items and that there was a good chance it had not found everything; he offered to return in daylight or after snow melt. Photographs were admitted as Exhibits 111 through 134, and two maps were admitted as Exhibits 135 and 136.

1 sidebar inside this proceeding
  1. Clarification of Unintroduced Exhibit Markings Counsel clarified that exhibits bearing April 30 markings had been marked pretrial or pre-witness by agreement and were never introduced into evidence.

2. Kevin O'Hara — Cross/Redirect

Defense questioning of Lieutenant Kevin O'Hara focused on SERT's deployment, search-area information, discovery records, and later searches; redirect addressed the unit's reports, GPS records, and discovery photographs.

Cross
Kevin O'Hara David Yannetti
465 lines

Defense counsel examined Lieutenant Kevin O'Hara about SERT's authorization and deployment during blizzard conditions, the information Lieutenant Brian Tully gave to define the search area, and records documenting the team's response. O'Hara said the final mission report described an off-duty officer as hit and dragged by a vehicle, while also explaining that Tully had not said he personally saw the vehicle or body in the locations used to guide the search. Questioned about the sneaker and plastic pieces, O'Hara qualified the exact distances between them and said he had not seen the evidence log. He also said Trooper Michael Proctor did not call SERT back for a further search on the six dates raised by defense counsel.

Redirect
Kevin O'Hara Adam Lally
31 lines

On redirect, Lieutenant O'Hara explained that SERT's daily journal provides only a general account of day-to-day activity, while mission-manager software generates a more detailed response report. He identified the Geotab GPS automatic vehicle locator system in his cruiser as the source for precise arrival times for him and other unit members. O'Hara also confirmed that items were photographed as they were discovered, although the team did not measure distances between them.

3. Maureen Hartnett — Direct

Maureen Hartnett testified about forensic testing of Karen Read's SUV and items associated with John O'Keefe, including negative exterior blood-screening results and blood-positive clothing and sneaker stains.

Direct
Maureen Hartnett Adam Lally
1081 lines

Maureen Hartnett, a Massachusetts State Police forensic scientist, described her training, laboratory review procedures, and a 2022 hair-and-fiber proficiency-test error that was remediated. She testified about examining Karen Read's black Lexus SUV, collecting apparent glass, paint standards, an apparent hair, and the taillight housing, and obtaining negative blood-screening results from specified exterior areas. Hartnett later identified the hair as consistent with a human hair with a root and described testing and collecting material from John O'Keefe's clothing, sneakers, a drinking glass, and other items. She testified that the clothing stains tested screened and confirmed positive for blood, and that one sneaker stain screened positive for blood.

2 sidebars inside this proceeding
  1. Exhibit Presentation and Testing Photographs The judge questioned whether exhibit presentations were repetitive, and the prosecutor explained the photographs were used to identify tested areas and labels before the witness was excused for lunch.
  2. Procedural - Motions

4. Maureen Hartnett — Cross/Redirect/Recross

Alan Jackson questioned Maureen Hartnett about her Lexus SUV examination, swab results, collection methods, and laboratory records; redirect addressed exposed taillight-housing swabs, followed by an objection and sidebar during recross.

Cross
Maureen Hartnett Alan Jackson
559 lines

Defense counsel Alan Jackson cross-examined Massachusetts State Police forensic scientist Maureen Hartnett about her February 1 sally-port examination of the Lexus SUV, her collection methods, and laboratory records. Hartnett corrected the date of her visit, testified that specified vehicle swabs screened negative for blood, and described taking two untested swabs from one of six Solo cups. She also explained that single collections combined multiple taillight and clothing areas, limiting location-specific conclusions. Hartnett identified several exhibits and stated that she had no data showing where certain evidence items had been before laboratory acceptance.

Redirect
Maureen Hartnett Adam Lally
27 lines

On redirect, Maureen Hartnett testified that she logged, packaged, and submitted swabs taken from exposed portions of the taillight housing rather than protected interior portions. She did not know whether the sally port was heated and did not recall frozen snow or ice on the vehicle's exterior.

Recross
Maureen Hartnett Alan Jackson
15 lines

Defense counsel sought to question Maureen Hartnett about the signatory or listed name on the evidence submission form marked "UU." The court sustained an objection, found the rephrased question to be the same question, and called counsel to sidebar.

sidebar
Redirect Question Beyond Scope
16 lines

The judge barred a proposed redirect question about who signed an item as beyond the limited redirect and hearsay, stating it could be addressed through Trooper Proctor.

Procedural
Procedural
7 lines

5. Ashley Vallier — Direct (Part 1)

Forensic scientist Ashley Vallier testified that assembled plastic Piece 1 physically matched Item 3-1, the taillight, after describing the laboratory's comparison process.

Direct
Ashley Vallier Adam Lally
458 lines

Forensic scientist Ashley Vallier described her qualifications and the laboratory process for documenting, comparing, and physically matching plastic and glass-like pieces. She identified photographs of numerous laboratory items that were admitted without objection and testified that an assembled Piece 1 physically matched Item 3-1, the taillight. At sidebar, defense counsel objected that the source and recovery of the items had not yet been established; the judge said the defense could move to strike if the Commonwealth ultimately failed to lay a foundation.

1 sidebar inside this proceeding
  1. Foundation for Recovered Item Evidence The defense objected that the origins of recovered items had not yet been established, while the prosecutor explained the witness was testifying before the troopers; the judge allowed a later motion to strike if foundation was not laid.
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