Commonwealth v. Read — Trial ArchiveSteven Mullaney - Direct/Cross/Redirect/Recross
520 linesJUDGE CANNONE: Thank you. All right, you're all set, officer. Thank you. Thank you, Mr. Lally. Who is your next witness?
MR. LALLY: The Commonwealth calls Officer Steven Mullaney to the stand.
COURT CLERK: Steven Mullaney.
COURT OFFICER: Would you stand, face forward, raise your right hand. You swear to give the evidence to the court and jury in the case now in hearing, to tell the whole truth and nothing but the truth, so help you God?
MR. MULLANEY: Yes.
JUDGE CANNONE: Thank you. You can stand or sit, sir, whatever is more comfortable. Just make sure you speak into the microphone please. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Morning, sir.
MR. MULLANEY: Morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. MULLANEY: Steven Mullaney, M-U-L-L-A-N-E-Y.
MR. LALLY: And how are you employed, sir?
MR. MULLANEY: I am employed by the Canton Police Department as a patrolman.
MR. LALLY: How long have you been a patrolman for the Canton police?
MR. MULLANEY: Since July 2020, and a full-time officer since August 2021.
MR. LALLY: And if I could call your attention to the evening of January 28th, 2022, into the morning of January 29th, 2022 — were you working?
MR. MULLANEY: Yes, I was working the 11:45 p.m. to 7:45 a.m. patrol shift.
MR. LALLY: And were you dispatched to a call shortly after 6:00 a.m. on the 29th?
MR. MULLANEY: Yes, I was.
MR. LALLY: And where were you dispatched to and what was that in regards to?
MR. MULLANEY: 34 Fairview Road for an unresponsive party.
MR. LALLY: Now if I could turn back just for a second — as far as when you're assigned as a patrolman with Canton police, are there different sort of geographic sectors within the town to which you're assigned?
MR. MULLANEY: Yep, I was assigned to the East sector.
MR. LALLY: And is Fairview Road within that East sector?
MR. MULLANEY: It's the West sector.
MR. LALLY: So you were assigned to the East sector but dispatched to a call in the West sector — is that correct?
MR. MULLANEY: Correct.
MR. LALLY: Do you know why that was?
MR. MULLANEY: Yes. The East sector backs up the West sector.
JUDGE CANNONE: Why don't you hold on a minute. Okay, go ahead, Mr. Lally.
MR. LALLY: Thank you. So on the 28th going into the 29th, what if any awareness did you have as far as the weather forecast or what was predicted — what was coming?
MR. MULLANEY: I believe around midnight it began to snow.
MR. LALLY: And that's why you're on shift — is that correct?
MR. MULLANEY: Yes.
MR. LALLY: When you're on shift and you're on patrol, particularly when there's a weather situation — snow or something like that — what is it that you're doing on patrol?
MR. MULLANEY: Well, I stayed in the parking lot that shift so I didn't get stuck anywhere.
MR. LALLY: And as far as the snow that was predicted and the snow that fell, how much precipitation — what kind of a storm was it?
MR. MULLANEY: Well, by the morning it was pretty heavy snow.
MR. LALLY: And by the morning — by what time in the morning?
MR. MULLANEY: Around 6:00 a.m.
MR. LALLY: By the time that you were dispatched to the call we were just talking about, the snow was picking up and getting heavy?
MR. MULLANEY: Yes.
MR. LALLY: And so you were at the station when you received the dispatch — is that correct?
MR. MULLANEY: Correct, yes.
MR. LALLY: And about how far away is Fairview Road from where you were at the station?
MR. MULLANEY: A mile and a half, two miles.
MR. LALLY: And can you describe to the jury sort of the route that you took going from the station to Fairview Road?
MR. MULLANEY: Yep. I took a right onto Washington Street from the station, and then I took a right onto Dedham Street from Washington Street, a left onto Cedarcrest from Dedham, and then a left onto Fairview Road from Cedarcrest.
MR. LALLY: And so Fairview Road runs sort of between two other more major roads in Canton — fair to say?
MR. MULLANEY: Yes.
MR. LALLY: And you mentioned Cedarcrest — is that correct?
MR. MULLANEY: Yes.
MR. LALLY: And Cedarcrest is off of Dedham — correct?
MR. MULLANEY: Correct.
MR. LALLY: And so what is the other sort of major road on the other side of Fairview Road?
MR. MULLANEY: Chapman Street.
MR. LALLY: So when you're coming from Cedarcrest onto Fairview, about how far into Fairview is 34?
MR. MULLANEY: Two houses down on the right.
MR. LALLY: So the house would have been on your right — is that correct?
MR. MULLANEY: Correct.
MR. LALLY: And in addition to yourself, who if anyone else from your department was dispatched to this call as well?
MR. MULLANEY: Officer Saraf.
MR. LALLY: And who if anyone arrived first?
MR. MULLANEY: Officer Saraf had arrived prior to my arrival.
MR. LALLY: And Officer Saraf — as far as which direction was his cruiser facing — the same as yours, directly at yours, or something else?
MR. MULLANEY: I don't recall.
MR. LALLY: Do you recall seeing Officer Saraf during your en route time, sort of between the station and arriving on the scene?
MR. MULLANEY: I do not.
MR. LALLY: Now as far as when you're driving from the station to the scene, what if anything do you recall about the road conditions, visibility, anything like that?
MR. MULLANEY: Visibility was difficult. I don't exactly recall how far you could see, but it was definitely coming down.
MR. LALLY: And at this point in time on January 29th, just after 6:00 a.m., what were the lighting conditions — had the sun come up yet, was it dark out, or what was going on?
MR. MULLANEY: It was still dark out.
MR. LALLY: And if you recall, what was the vehicular traffic on the roadway between the station and your arriving on Fairview Road?
MR. MULLANEY: I don't recall there being any traffic.
MR. LALLY: Now as far as when you were coming to the scene, do you recall whether or not you had to activate your lights or your sirens or anything like that?
MR. MULLANEY: I believe I would have used the blue lights.
MR. LALLY: Do you recall using sirens?
MR. MULLANEY: I do not recall whether I used sirens.
MR. LALLY: And if you know, about how much time elapsed between the time that you received the call and the time that you arrived on Fairview?
MR. MULLANEY: Three minutes approximately.
MR. LALLY: And when you arrived there, what if anything — what's the first thing that you saw?
MR. MULLANEY: I saw Officer Saraf towards the front lawn, kind of surrounding the victim. There were a couple other people as well, and the fire department was on arrival about the same time.
MR. LALLY: And so besides yourself and Officer Saraf from Canton police, were there other town assets that were dispatched to this call as well?
MR. MULLANEY: The fire department.
MR. LALLY: And when you say the fire department, how many vehicles — what was their response?
MR. MULLANEY: I believe they had a fire engine and an ambulance.
MR. LALLY: And do you recall if the fire engine and the ambulance came from sort of the same side as you from Cedarcrest, or did they come into the scene from the opposite side?
MR. MULLANEY: I think they had come down Chapman Street to Fairview, and they were facing towards Cedarcrest.
MR. LALLY: Now, so you arrive there, you see Officer Saraf and people from the fire department — correct?
MR. MULLANEY: Yes.
MR. LALLY: And you indicated that you saw a person on the ground — is that correct?
MR. MULLANEY: Yes.
MR. LALLY: And just for clarity purposes, at some point subsequent to this you were able to identify the person that was on the ground — is that correct?
MR. MULLANEY: Yes.
MR. LALLY: That was John O'Keefe — is that correct?
MR. MULLANEY: Yes, sir.
MR. LALLY: And where were the other people that you indicated were there — where were they in relation to John O'Keefe?
MR. MULLANEY: I think — I don't really recall where everybody was upon my arrival, but I think everyone was kind of like in the ...vicinity around the curb to the street.
MR. LALLY: Now as far as when you're first arriving, you're pulling up to the scene, were you able to see Mr. O'Keefe on the ground at that point?
MR. MULLANEY: I had to get — I had — I saw people around him, but I had to get closer before I saw the victim on the ground.
MR. LALLY: And so the other people that you saw around him, were they kneeling down, standing up, or something else?
MR. MULLANEY: I believe Officer Saraf was still standing up. I don't recall anyone else.
MR. LALLY: And so fair to say you saw Officer Saraf standing up near Mr. O'Keefe before you actually saw Mr. O'Keefe. Right?
MR. MULLANEY: Yes, yes.
MR. LALLY: Now this particular area where you saw Officer Saraf standing up and — — Officer — I'm sorry, Mr. O'Keefe on the ground, um, what if any sort of additional ambient lighting did you observe in that area? Was there any street lights or anything like that around them?
MR. MULLANEY: Not that I recall.
MR. LALLY: Now in addition to Officer Saraf, at some point did you encounter some other individuals or civilian people on —
MR. MULLANEY: Yep. Miss Jennifer McCabe. And —
MR. LALLY: And in addition to Miss McCabe, were there any other female parties there as well?
MR. MULLANEY: Yeah, Kerry Roberts.
MR. LALLY: And in addition to Miss Roberts, was there any other female parties there?
MR. MULLANEY: Um, yes, Miss Read. And —
MR. LALLY: And just to be clear, um, do you see Miss Read in the courtroom today?
MR. MULLANEY: Yes.
MR. LALLY: Could you identify where she's seated or an article of clothing she's wearing?
MR. MULLANEY: Black dress.
JUDGE CANNONE: Let the record reflect the identification.
MR. LALLY: Now, um, prior to this call, did you have any prior sort of familiarity with Karen Read?
MR. MULLANEY: No.
MR. LALLY: With John O'Keefe?
MR. MULLANEY: No.
MR. LALLY: With Jennifer McCabe?
MR. MULLANEY: No.
MR. LALLY: With Kerry Roberts?
MR. MULLANEY: No.
MR. LALLY: And when you arrive and you make those sort of initial observations, where is it that you go? What if anything —
MR. MULLANEY: The fire department began their lifesaving measures, and at one point we were able to get him onto the stretcher — or onto a backboard, I believe it's called — and then onto a stretcher.
MR. LALLY: And what if any involvement — — did you have with that?
MR. MULLANEY: I assisted the fire department in placing him on the backboard and then helping get him onto the stretcher.
MR. LALLY: Now as far as — you mentioned where you came and located Mr. O'Keefe — do you recall sort of what position his body was in when you first observed him?
MR. MULLANEY: He was lying face up, as in back on the ground.
MR. LALLY: And do you recall where he was in relation to the roadway, if you could tell?
MR. MULLANEY: Yeah, he's on the front lawn. I didn't know exactly where the curb was, but I would think about, you know, approximately 10 feet from the curb.
MR. LALLY: And so you mentioned that you couldn't tell exactly where the curb was — — why is that?
MR. MULLANEY: There was snow on the ground, so the snow sort of covered the curb.
MR. LALLY: At that time that you're there, is that correct?
MR. MULLANEY: Yes.
MR. LALLY: But you approximate he was about 10 feet into the —
MR. MULLANEY: Yeah.
MR. LALLY: And the snow on the ground that you observed — at that time, when you first arrived, about how much snow had accumulated on the ground?
MR. MULLANEY: I'd say at that point approximately 6 inches.
MR. LALLY: And what if any snow did you observe on any part of Mr. O'Keefe's body when you first saw him?
MR. MULLANEY: There was really no snow, but you could tell that he had been in the conditions. It was almost as if — it was like water, kind of like frozen on, kind of, to his — — face.
MR. LALLY: And did you make any observations — or what if any observations did you make beyond his face as far as the rest of his body?
MR. MULLANEY: I don't recall really any other observations.
MR. LALLY: Do you recall how he was dressed?
MR. MULLANEY: I do not.
MR. LALLY: Do you recall what if any snow was on the other parts of his body?
MR. MULLANEY: I do not.
MR. LALLY: Now as far as Mr. O'Keefe was concerned, what if any observations did you make as far as any injuries to Mr. O'Keefe at that initial time?
MR. MULLANEY: I did not recall any injuries.
MR. LALLY: So nothing stood out to you, is that correct?
MR. MULLANEY: No, correct.
MR. LALLY: And you assisted the fire department getting him onto a backboard, correct?
MR. MULLANEY: Yes.
MR. LALLY: And where did Mr. O'Keefe go from — — there?
MR. MULLANEY: To the ambulance.
MR. LALLY: Did you go to the ambulance as well?
MR. MULLANEY: Not that I recall, no.
MR. LALLY: So the fire department sort of takes over care of Mr. O'Keefe at that point?
MR. MULLANEY: Yes.
MR. LALLY: So after Mr. O'Keefe is lifted up — when he's lifted up, what if anything did you observe as far as the grounds that had been underneath Mr. O'Keefe and where he was?
MR. MULLANEY: I didn't recall — I didn't observe anything, no.
MR. LALLY: Do you recall even looking sort of in that area?
MR. MULLANEY: No. I think he was in front of me, so I wouldn't have seen what was under him.
MR. LALLY: And so after Mr. O'Keefe is taken by members of the fire department over to the ambulance, what is it that you did?
MR. MULLANEY: Officer Saraf and I — at that point, we were — — trying to identify the victim, so I spoke to Miss McCabe. And —
MR. LALLY: And without sort of — anything that Miss McCabe told you — about how long a period of time did you talk to Miss McCabe gathering information?
MR. MULLANEY: Approximately two minutes.
MR. LALLY: And who if anyone else did you speak with attempting to gather information regarding — ?
MR. MULLANEY: Miss McCabe is the only one I recall speaking to.
MR. LALLY: Now as far as the defendant, Miss Read, did you — what if anything did you recall her sort of doing as you're on scene and as you're going about what you're trying to do?
MR. MULLANEY: She was screaming, "Is that my boyfriend? Is he dead?"
MR. LALLY: When you say screaming — in a fairly — — loud voice?
MR. MULLANEY: Very, very loud, yes.
MR. LALLY: And as far as that sort of phraseology — "Is he dead?" — how many times was that something she said? Once, more than once, or something else?
MR. MULLANEY: Repeated many times.
MR. LALLY: And with the same sort of volume that she had said it with, as you described the first time?
MR. MULLANEY: Yes.
MR. LALLY: And as far as, if you know, about how long was the ambulance on scene before it left to go to the hospital?
MR. MULLANEY: Approximately 10 minutes.
MR. LALLY: Do you know what hospital it went to?
MR. MULLANEY: Good Samaritan.
MR. LALLY: And after the ambulance left and went to the hospital, where did the three women that you're talking about — the defendant, Miss McCabe, Miss Roberts — where did they go?
MR. MULLANEY: I believe they left the scene.
MR. LALLY: So did you have any — or what if any conversation did you have with any of them following that?
MR. MULLANEY: None.
MR. LALLY: Now as far as Miss Read, the defendant, is concerned, what if anything else did you observe as far as her saying or her demeanor or anything like that?
MR. MULLANEY: Just the screams, and she was very — [unintelligible].
MR. LALLY: Now at some point, did Miss Read sort of stay in one place, or where did Miss Read go?
MR. MULLANEY: Sort of around the cruisers and the ambulance and all of that. I believe she went to one of the vehicles — I don't know if it was a cruiser or one of the cars — to stay warm.
MR. LALLY: And the other two women that were with her, as far as Miss McCabe and Miss Roberts, were they in the same general vicinity as the defendant or were they separated, if you recall?
MR. MULLANEY: I don't recall.
MR. LALLY: Now at some point after they had left the scene, what if anything were you advised by your dispatch in regard to Miss — ?
MR. MULLANEY: Canton control advised us that — — she was making suicidal statements.
MR. LALLY: And so based on that, what if anything did you — or the other officers that you were on scene with — do?
MR. MULLANEY: I don't recall exactly who, but someone had to call Miss Roberts to have Miss Read come back to the scene, and we Section 12'd her there.
MR. LALLY: And so about how much time elapsed between the time that you learned that from dispatch and the time that Miss Read arrived back on scene with Miss Roberts?
MR. MULLANEY: Approximately five minutes.
MR. LALLY: Now you mentioned that there may have been other officers on — correct?
MR. MULLANEY: Yes.
MR. LALLY: So in addition to yourself and Officer Saraf, who if anyone else from your department arrived on scene while you were there?
MR. MULLANEY: Sergeant Goode arrived, Sergeant Lank at the time, and Lieutenant Gallagher.
MR. LALLY: And when was that in relation to when yourself and Officer Saraf —?
MR. MULLANEY: Sergeant Goode was there shortly after, and then Sergeant Lank shortly after him, and then Lieutenant Gallagher after that.
MR. LALLY: And in total, as far as sort of the earliest and the longest, about how long was it until Lieutenant Gallagher arrived?
MR. MULLANEY: I'd say — less than 45 minutes.
MR. LALLY: And in total, how long was it that you were on scene at that point?
MR. MULLANEY: 90 minutes to two hours.
MR. LALLY: And during the course of time that you were on scene, at some point did the sun come up?
MR. MULLANEY: Yes.
MR. LALLY: And during the time that you were on scene, as far as the conditions — and let me ask just a little bit more about that — you indicated something about snow being on the ground and not being able to see the curb, correct?
MR. MULLANEY: Yes.
MR. LALLY: What if any sort of other things, in addition to that, from a weather perspective? What was the temperature like out at that time?
MR. MULLANEY: It was very cold.
MR. LALLY: Do you have any estimate as far as how cold?
MR. MULLANEY: 25. And it was windy.
MR. LALLY: And when you say windy, could you expound upon that as far as, like, what kind of wind — — are we talking? Constant wind, gusts, or something?
MR. MULLANEY: I would say gusts to constant.
MR. LALLY: And fairly strong winds, light winds? What kind?
MR. MULLANEY: Not necessarily strong — light winds — but it was definitely windy.
MR. LALLY: And during that sort of total time, about 90 minutes or so that you were on scene, was the weather consistent throughout that entire period that you were on scene?
MR. MULLANEY: That I recall, yes.
MR. LALLY: Now in the area where you first observed Mr. O'Keefe's body on the lawn, after his body was removed by the fire department, what if anything did you observe sort of in that general area?
MR. MULLANEY: Nothing.
MR. LALLY: Now again you said that Miss Read was brought back to the scene, or — ...around Fairview Road at the same time by Miss Roberts, correct?
MR. MULLANEY: Correct.
MR. LALLY: Do you know where she went from there?
MR. MULLANEY: She was transported to Good Samaritan.
MR. LALLY: Different ambulance than the one that had taken Mr. O'Keefe, correct?
MR. MULLANEY: Correct. Different ambulance.
MR. LALLY: Yes. Now, as far as Mr. O'Keefe was concerned, you assisted getting him onto the backboard — is that correct?
MR. MULLANEY: Yes.
MR. LALLY: Did you also assist getting him onto the stretcher?
MR. MULLANEY: Yes.
MR. LALLY: And beyond sort of the visual observations that you made, did you have occasion to, in that process, have any sort of tactile observations? Did you come into contact with Mr. O'Keefe's body at any point?
MR. MULLANEY: No.
MR. LALLY: Beyond what you've already testified to, did you make any other observations at any point of Mr. O'Keefe's body or any injuries?
MR. MULLANEY: No.
MR. LALLY: All right, sir. I'm going to direct your attention to the screen over here. Miss Gilman, if you could just put up Exhibit 25 and just sort of pause it as soon as it comes up. So, Officer Mullaney, I'm directing your attention to the screen and what's been marked as Exhibit 25. Generally speaking, what's depicted on the screen here — is that consistent with what you recall as far as the conditions when you were responding to Fairview Road that morning?
MR. MULLANEY: Yes.
MR. LALLY: Thank you. If I could ask for Exhibit — I'm sorry, Exhibit Number Nine. And once again directing your attention to what's up on the screen, which has been previously marked as Exhibit Number Nine — do you recognize what's depicted in that photograph?
MR. MULLANEY: Yes.
MR. LALLY: What do you recognize?
MR. MULLANEY: That's 34 Fairview.
MR. LALLY: And how it's depicted in that photograph — is that a relatively fair and accurate portrayal of what you observed of the residence on the morning of January 29, 2022?
MR. MULLANEY: Yes.
MR. LALLY: And Miss Gilman, if I could have Exhibit Number 18. And again, sir, what's up on the screen — do you recognize what's depicted in Exhibit 18?
MR. MULLANEY: Yes.
MR. LALLY: And what do you recognize?
MR. MULLANEY: That's 34 Fairview.
MR. LALLY: That's sort of a different view, is that correct?
MR. MULLANEY: Yes.
MR. LALLY: Now, with regard to the residence, if I'm standing on the street and I'm facing the residence, as in the previous photograph, the area of the lawn where you first observed Mr. O'Keefe laying on his back with his face up — would that be to the left of the residence, the right of the residence, the center, or something else?
MR. MULLANEY: Left.
MR. LALLY: And what, if anything, did you observe in that general area as far as any sort of landmarks or things that were in that area?
MR. MULLANEY: A fire hydrant and a flagpole.
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: So, sir, I'll try not to get in anyone's way. This is a laser pointer — you push that button there. Okay. So, Officer, if I could ask you, using that laser pointer, to direct the jury's attention to where in that photograph, if anywhere, you recall Mr. O'Keefe's body being located when you first —
MR. MULLANEY: Right in this area.
MR. LALLY: Thanks. May I have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: And, Officer, you can — thanks. I have no further questions at this time.
JUDGE CANNONE: Cross-examination.
MR. JACKSON: Thank you. Good morning, Officer.
MR. MULLANEY: Good morning.
MR. JACKSON: Officer Mullaney, you and I have never met before, correct?
MR. MULLANEY: Correct.
MR. JACKSON: We've never spoken about this case?
MR. MULLANEY: No.
MR. JACKSON: Is it fair to say that when you were dispatched to 34 Fairview Road on January 29th of 2022, you were a part-time officer at that point?
MR. MULLANEY: No, I was full-time.
MR. JACKSON: When did you start at the Canton Police Department?
MR. MULLANEY: July 2020.
MR. JACKSON: Did you start as a part-time officer?
MR. MULLANEY: I did.
MR. JACKSON: Oh, I see. I misunderstood. You actually became full-time in August of 2021, correct?
MR. MULLANEY: Correct, sorry.
MR. JACKSON: All right. So you had been full-time at that point for about six months when you received this call, correct?
MR. MULLANEY: Correct, sir.
MR. JACKSON: And it's fair to say that you were the junior officer on scene?
MR. MULLANEY: Yes, it is.
MR. JACKSON: You had testified that you approached Fairview from the Cedarcrest side, correct?
MR. MULLANEY: Yes.
MR. JACKSON: 34 Fairview Road is much closer to the Cedarcrest side than it is to the Chapman side, correct?
MR. MULLANEY: Correct.
MR. JACKSON: And when you take a left on Cedarcrest to enter Fairview Road, 34 Fairview is the second house on the right — does that make sense from Cedarcrest?
MR. MULLANEY: Yes.
MR. JACKSON: And you were quickly surmising that whatever action was taking place there was taking place on the front lawn of 34 Fairview, correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: And one of the first things that you saw was there appeared to be a woman giving CPR to somebody on the ground?
MR. MULLANEY: Yeah, yes.
MR. JACKSON: You didn't know who that woman was at the time, correct?
MR. MULLANEY: No, sir.
MR. JACKSON: But you later learned her identity?
MR. MULLANEY: Yes. I don't recall which female it was that was giving CPR, though.
MR. JACKSON: Okay. So you don't recall that it was Karen Read who was giving CPR to John O'Keefe?
MR. MULLANEY: I don't know who it was.
MR. JACKSON: At some point in time you came in contact with Karen Read, correct, while you were on scene?
MR. MULLANEY: Not direct contact, but she was on scene when I was there.
MR. JACKSON: You were there until about 8:00 a.m., correct?
MR. MULLANEY: Yes.
MR. JACKSON: And you were dispatched shortly after 6:00 a.m., correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: You were there for approximately two hours, correct?
MR. MULLANEY: Yes.
PARENTHETICAL: [Pauses.]
MR. JACKSON: Right there. Okay. And when you were this close to her, you're estimating this to be about 10 feet, correct?
MR. JACKSON: You were there when Karen Read — well, Karen Read was there when you showed up, correct?
MR. MULLANEY: Yes.
MR. JACKSON: She left and she came back to the scene, correct?
MR. MULLANEY: Yes.
MR. JACKSON: And you were there when she came back, correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: So with regard to your contact with her, she certainly was within eyeshot, correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: And you actually at some points were closer to her than you are to me right now, correct?
MR. MULLANEY: Yeah.
MR. JACKSON: How close did you get to her?
MR. MULLANEY: About 10 feet.
MR. JACKSON: All right. With the Court's permission, I'd like to walk toward you and have you stop me when I'm at the point of your closest to Karen Read. Can I do that?
JUDGE CANNONE: Okay, go ahead.
MR. JACKSON: Thank you.
MR. MULLANEY: Sure.
MR. JACKSON: When you were this close to her, was there anything blocking your view of her face?
MR. MULLANEY: Not that I recall.
MR. JACKSON: All right. You noticed, obviously, that she had blood on her face, correct?
MR. MULLANEY: I did not notice that.
MR. JACKSON: You didn't notice that she had blood in her hair?
MR. MULLANEY: I did not notice that.
MR. JACKSON: You did notice that she was absolutely hysterical?
MR. MULLANEY: Yes.
MR. JACKSON: She was completely distraught?
MR. MULLANEY: Yes.
MR. JACKSON: She appeared to be in shock?
MR. MULLANEY: Yes.
MR. JACKSON: And there was a contrast between that demeanor you observed with regard to Karen Read and the demeanor of one of the other women on scene, Jennifer McCabe — was there not?
MR. MULLANEY: Uh —
MR. JACKSON: Can you kind of explain further?
MR. MULLANEY: Sure.
MR. JACKSON: Karen Read was screaming, correct?
MR. MULLANEY: Yes.
MR. JACKSON: She was yelling, correct?
MR. MULLANEY: Yes.
MR. JACKSON: She was hysterical and distraught, correct?
MR. MULLANEY: Yes.
MR. JACKSON: Jennifer McCabe was not, correct?
MR. MULLANEY: Correct.
MR. JACKSON: And you actually had more — direct contact with Jen McCabe that morning, correct?
MR. MULLANEY: Yes.
MR. JACKSON: And you spoke to Jennifer McCabe for a good two minutes, correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: Face to face?
MR. MULLANEY: Yes, sir.
MR. JACKSON: You were closer to Jennifer McCabe than you ever got to Karen Read, correct?
MR. MULLANEY: Yes.
MR. JACKSON: You were able to observe her demeanor?
MR. MULLANEY: Yes.
MR. JACKSON: You were able to hear her tone of voice?
MR. MULLANEY: Yes.
MR. JACKSON: You were able to hear how loudly she was speaking, correct?
MR. MULLANEY: Yes.
MR. JACKSON: You were able to hear how quickly she was speaking?
MR. MULLANEY: Yes.
MR. JACKSON: During those two minutes that you were face to face, closer to Jennifer McCabe, she was not screaming, correct?
MR. MULLANEY: Correct.
MR. JACKSON: She was not yelling, correct?
MR. MULLANEY: Correct.
MR. JACKSON: She was not hysterical, correct?
MR. MULLANEY: Correct.
MR. JACKSON: She was not distraught?
MR. MULLANEY: Yes.
MR. JACKSON: She was calm, correct?
MR. MULLANEY: Correct.
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I'll allow it, but let's move on.
MR. JACKSON: Jennifer McCabe didn't have any blood on her face, correct?
MR. MULLANEY: No.
MR. JACKSON: And you didn't see any blood in Jennifer McCabe's hair, correct?
MR. MULLANEY: No.
MR. JACKSON: Now, with regard to what you heard Karen Read scream that morning, I just want to make sure I get your testimony correct. I believe on direct examination you stated that she kept repeating two phrases — one being "Is he dead?" and the second being "That's my boyfriend" — correct?
MR. MULLANEY: Yes.
MR. JACKSON: And how many times do you think that she repeated those two phrases?
MR. MULLANEY: Quite a bit. More than 10.
MR. JACKSON: Okay. Like, almost too many times to count?
MR. MULLANEY: Really, yeah. Yes, sir.
MR. JACKSON: And each time she said "Is he dead?" what was her tone of voice?
MR. MULLANEY: Screaming. Very loudly.
MR. JACKSON: Each time she said "Is that my boyfriend?" what was her tone of voice?
MR. MULLANEY: Same.
MR. JACKSON: And you got there not long after Officer Saraf, correct?
MR. MULLANEY: Correct.
MR. JACKSON: During the time that you were on scene and you heard Karen Read screaming and yelling in this distraught and hysterical manner, you never once heard her say "I did it," correct?
MR. MULLANEY: I did not.
MR. JACKSON: You never once heard her say "It's my fault," correct?
MR. MULLANEY: I did not.
MR. JACKSON: You never once heard her say "I hit him, I hit him, I hit him," correct?
MR. MULLANEY: I did not.
MR. JACKSON: If you had heard any of those statements, you would have recognized that those would have been important to note, correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: And you would have noted those in your police report, obviously, correct?
MR. MULLANEY: Yes.
MR. JACKSON: Because you know that when you're drafting a police report you want to include all the important details, correct?
MR. MULLANEY: Yes, sir.
MR. JACKSON: And you want to be precise and accurate, correct?
MR. MULLANEY: Yes.
MR. JACKSON: And so you didn't put those statements in your report because you never heard those statements come out of Karen Read's mouth?
MR. MULLANEY: Yes, sir.
MR. JACKSON: Now, while you were on scene, at some point in time you were asked to participate in a search for evidence on that front lawn, were you not?
MR. MULLANEY: I was standing by. I didn't directly search for anything that I recall.
MR. JACKSON: All right. And when you say you were standing by, you were standing by the area where John O'Keefe's body had been, correct? And how close were you to that —
MR. MULLANEY: I was like right off the curb at that point, on the street.
MR. JACKSON: How many feet from where the body had been?
MR. MULLANEY: 10 to 12 feet, 15 feet maybe, about the same distance as when I walked toward you, around that distance.
MR. JACKSON: And how much time did you spend around that distance from where John O'Keefe's body had been?
MR. MULLANEY: I don't recall.
MR. JACKSON: You were there for two hours, correct?
MR. MULLANEY: Yes.
MR. JACKSON: So is it fair to say that you were sort of in and around that area multiple times during that two hours?
MR. MULLANEY: Yes.
MR. JACKSON: Did you ever see anybody put up any crime scene tape at all?
MR. MULLANEY: I don't recall that.
MR. JACKSON: You recall other officers sort of searching that area, correct?
MR. MULLANEY: Yes.
MR. JACKSON: And while you were near that area, you were certainly paying attention to it, correct?
MR. MULLANEY: Yes.
MR. JACKSON: Did you see officers use any equipment to clear some of the snow in that area?
MR. MULLANEY: Yes, sir.
MR. JACKSON: What did you see?
MR. MULLANEY: There was a leaf blower.
MR. JACKSON: Where did that leaf blower come from?
MR. MULLANEY: I don't know who had the leaf blower. I believe it was Lieutenant Gallagher.
MR. JACKSON: When did Lieutenant Gallagher arrive on scene?
MR. MULLANEY: Approximately 45 minutes after I did. I don't — I don't recall the exact time.
MR. JACKSON: How big was that leaf blower?
MR. MULLANEY: Not too big.
MR. JACKSON: Was it handheld or was it something that you pushed?
MR. MULLANEY: Handheld.
MR. JACKSON: And who used the leaf blower? Lieutenant
MR. MULLANEY: Gallagher.
MR. JACKSON: At what area, or on what area, did he use that leaf blower?
MR. MULLANEY: The front lawn.
MR. JACKSON: And would that have been around the area where John O'Keefe's body had been?
MR. MULLANEY: Yes.
MR. JACKSON: And you were watching him as he did that, correct?
MR. MULLANEY: Yes.
MR. JACKSON: What other officers were in that area, sort of watching what was going on or participating in the search?
MR. MULLANEY: I don't necessarily recall where everybody was, but I believe it would be Sergeant Lank and Sergeant Goode.
MR. JACKSON: And they were superior officers, correct?
MR. MULLANEY: Correct.
MR. JACKSON: And you understood that these, you know, brother officers of yours were looking for evidence, right?
MR. MULLANEY: Yes.
MR. JACKSON: They were looking for clues about potentially what had happened to John O'Keefe, correct?
MR. MULLANEY: Yes.
MR. JACKSON: And you were paying attention too as they were doing their work, correct?
MR. MULLANEY: Yes.
MR. JACKSON: You were looking for anything that might have been out of place, correct?
MR. MULLANEY: Yes.
MR. JACKSON: If there was something large there that didn't appear to, you know, be appropriate for a front lawn, you would have made note of that, correct?
MR. MULLANEY: Yes.
MR. JACKSON: And if there was something small there, you would have still made note of that if it didn't appear to belong on a front lawn, correct?
MR. MULLANEY: Yes.
MR. JACKSON: At any point in time, either before or after the leaf blower was taken out by Lieutenant Gallagher, did you see 45 pieces of bright red, black, and clear plastic pieces scattered all over the scene?
MR. MULLANEY: I did not.
MR. JACKSON: Did you find even one piece of broken plastic?
MR. MULLANEY: I did not.
MR. JACKSON: Now, when you came to the scene, John O'Keefe was still lying on the ground, correct?
MR. MULLANEY: Yes.
MR. JACKSON: Did you see whether or not there were any blankets on scene?
MR. MULLANEY: No.
MR. JACKSON: Did you know that one of the women on scene had a sister who lived in that very house?
MR. MULLANEY: I did not.
MR. JACKSON: When you were speaking with Jennifer McCabe, at any point did you learn whether she had actually gone into that house at all?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. JACKSON: Did you see Jennifer McCabe approach that house at any point when you were on scene?
MR. MULLANEY: No.
MR. JACKSON: Were you alerted at any point by anyone that she went into that house while you were on scene?
MR. MULLANEY: No.
MR. JACKSON: Did you ever see Jennifer McCabe come out of that house with blankets or anything else that might comfort John O'Keefe?
MR. MULLANEY: No.
MR. JACKSON: What was your state of mind regarding whether there were any first responders in that house?
MR. MULLANEY: I wasn't aware of that.
MR. JACKSON: Nobody told you?
MR. MULLANEY: No.
MR. JACKSON: You had testified that at one point you saw Karen Read being escorted into a motor vehicle?
MR. MULLANEY: Yes.
MR. JACKSON: And that was one of the women on scene, her motor vehicle?
MR. MULLANEY: Yes, it was either that or a cruiser, both kind of the same area.
MR. JACKSON: But you'll agree with me, at no point in time did you see Karen Read and Jennifer McCabe in a vehicle together?
MR. MULLANEY: Not that I recall.
MR. JACKSON: No. And at no point in time did you ever hear Karen Read ask Jennifer McCabe to Google anything?
MR. MULLANEY: No.
MR. JACKSON: One moment.
JUDGE CANNONE: Yes.
MR. JACKSON: I have no further questions. Thank you, Officer.
MR. LALLY: You've been to other scenes in which there is a deceased person on scene, family members or friends around?
MR. MULLANEY: Yes.
MR. LALLY: And of those other scenes, does everybody who's a friend or a family member of the person who is injured or deceased — do they all react the same?
MR. MULLANEY: No.
MR. LALLY: Is every single one of them screaming and yelling different things?
MR. MULLANEY: No.
MR. LALLY: And there are actually three women on scene that morning, correct?
MR. MULLANEY: Yes.
MR. LALLY: Okay. So there was Jennifer McCabe, there was the defendant, Miss Read, and there was Kerry Roberts, correct?
MR. MULLANEY: Correct.
MR. LALLY: And did you see any blood on Miss Roberts's face or hair?
MR. MULLANEY: No.
MR. LALLY: Okay. Was she screaming and yelling things and moving around the scene?
MR. MULLANEY: No.
MR. LALLY: Now, as far as the residence at 34 Fairview Road, did you see anybody go in or come out of that residence during the time that you were on scene?
MR. MULLANEY: No.
MR. LALLY: And as far as any of the other residences on the entire rest of the street, did you see any of the neighbors or anybody else come outside at any point in time?
MR. MULLANEY: I did not.
MR. LALLY: I have nothing further.
MR. JACKSON: One question, if I might?
JUDGE CANNONE: Okay, recross? Sure.
MR. JACKSON: I don't mean to be a wise guy, sir, but did any of the other neighbors on the entire street have the body of a dead police officer on their lawn?
MR. LALLY: Objection.
JUDGE CANNONE: All right, so that's sustained. All right, you are all set, sir. Thank you. All right, folks, it's 11:00. We'll take our morning recess — 15 minutes. Close your notebooks. Make sure — recess break — back in session. You may be seated. Your next witness, please.