Commonwealth v. Read — Trial ArchiveSteven Mullaney — Direct/Cross/Redirect/Recross
561 linesJUDGE CANNONE: All right. You're all set, Officer. Thank you.
MR. SARAF: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Mr. Lally, who is your next witness?
MR. LALLY: Your Honor, the Commonwealth would call Officer Stephen Mullaney to the stand.
Whereupon, STEPHEN MULLANEY having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: You can stand or sit. Just make sure you speak into the microphone. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. MULLANEY: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. MULLANEY: Stephen 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: And how long have you been a patrolman for the Canton Police?
MR. MULLANEY: Since July of 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 on that occasion?
MR. MULLANEY: Yes. I was working the 11:45 p.m. to 7:45 a.m.
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 regard to?
MR. MULLANEY: 34 Fairview Road for an unresponsive party.
MR. LALLY: Now, if we could turn back just for a second, as far as when you're assigned as far as a patrolman with the Canton P:olice, are there different sort of geographic sectors within the town to which you're assigned?
MR. MULLANEY: Yes. I was assigned to the East Sector.
MR. LALLY: Okay. And is Fairview Road within that East Sector?
MR. MULLANEY: It's the West Sector.
MR. LALLY: Okay. So you were assigned to the East Sector but dispatched to a call on the West Sector; is that correct?
MR. MULLANEY: Correct.
MR. LALLY: Okay. Do you know why that was?
MR. MULLANEY: Yes. The East Sector backs up the West Sector.
MR. LALLY: Prior to this on the 28th, going into the 29th, were you aware --
JUDGE CANNONE: Hold on a minute.
MR. LALLY: Sure.
JUDGE CANNONE: Go ahead, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
BY MR. LALLY:
MR. LALLY: So on the 28th, going into the 29th, what, if any, awareness did you have as far as the weather forecast or sort of what was predicted as coming?
MR. MULLANEY: I believe around midnight, it began to slow.
MR. LALLY: And that's while 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 is a weather situation as far as 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.
MR. LALLY: And, as far as the snow that was predicted and the snow that fell, how much precipitation and what kind of storm was it?
MR. MULLANEY: Well, by the morning, it was pretty heavy snow.
MR. LALLY: And by what time in the morning?
MR. MULLANEY: Around 6:00 a.m.
MR. LALLY: So by the time that you were dispatched to that call, we were just talking about the snow was picking up and getting heavy?
MR. MULLANEY: Yes.
MR. LALLY: Okay. And, as you were -- so you were at the station when you received the dispatch; is that correct?
MR. MULLANEY: Correct, yes.
MR. LALLY: And where is -- well, 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 that morning?
MR. MULLANEY: I took a right onto Washington Street from the station, and then I took a right onto Dedham Street and 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?
MR. MULLANEY: Correct.
MR. LALLY: And so what is the other sort of major road on the other sort of intersection 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, no.
MR. LALLY: Now, as far as when you're driving from the station to the scene, what, if anything, do you recall about sort of 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 are sort of the lighting conditions? Has the sun come up yet? Is it dark out or what is going on?
MR. MULLANEY: It was still dark out.
MR. LALLY: And, if you recall, what was sort of the vehicular traffic on the roadway between the station and your arrival on Fairview Road?
MR. MULLANEY: I don't recall there being any traffic.
MR. LALLY: Now, as far as when you are coming to the scene, do you recall whether or not you had to activate sort of 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 the 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 arrive on Fairview?
MR. MULLANEY: Three minutes, probably.
MR. LALLY: And, when you arrived there, what, if anything, is sort of the first thing that you see?
MR. MULLANEY: I saw Officer Saraf towards like the front lawn, kind of surrounding the victim. There were a couple of other people, as well. And the fire department was on arrival right about the same time.
MR. LALLY: And so beyond yourself and Officer Saraf from the Canton Police, were there other sort of town assets that were dispatched to this call, as well?
MR. MULLANEY: The fire department.
MR. LALLY: Okay. When you say "the fire department," how many sort of vehicles or what was their response as far as --
MR. MULLANEY: I believe they had a fire engine and an ambulance.
MR. LALLY: And do you recall if the fire ambulance -- I'm sorry -- 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 as far as from Chapman?
MR. MULLANEY: They had come down Chapman Street to Fairview, and they were facing towards the address.
MR. LALLY: Now, so you arrive there. You see Officer Saraf and people from the fire department, correct?
MR. MULLANEY: Yes.
MR. LALLY: Okay. And you indicated that you saw a person on sort of -- 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: Okay. And that was John O'Keefe; is that correct?
MR. MULLANEY: Yes.
MR. LALLY: Okay. And 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 and you're pulling up to the scene, were you able to see Mr. O'Keefe on the grounds at that point, or did --
MR. MULLANEY: I did get -- I saw people around 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, correct?
MR. MULLANEY: Yes. Yes.
MR. LALLY: Now, this particular area where you saw Officer Saraf standing up and Officer O'Keefe -- I'm sorry -- Mr. O'Keefe or Officer O'Keefe on the ground, what if any sort of additional ambient lighting did you observe in that area? Was there any streetlights or anything like that around there?
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 scene?
MR. MULLANEY: Yes. Ms. Jen McCabe.
MR. LALLY: In addition to Ms. McCabe, were there any other female parties there, as well?
MR. MULLANEY: Yes. Kerry Roberts.
MR. LALLY: And, in addition to Ms. Roberts, was there any other female parties there?
MR. MULLANEY: Yes. Ms. Read.
MR. LALLY: And, just to be clear, do you see Ms. Read in the courtroom today?
MR. MULLANEY: Yes.
MR. LALLY: Okay. And could you identify as to where she is seated or an article of clothing she's wearing?
MR. MULLANEY: Black dress.
MR. LALLY: I'd just ask the record reflect the identification of the defendant, Your Honor.
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, prior to this call, did you have any prior sort of familiarity with Karen Read?
MR. MULLANEY: No.
MR. LALLY: Okay. 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 arrived and you made those sort of initial observations, where is it that you go and what, if anything, do you do?
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 on placing him on the backboard and then helping get him onto the stretcher.
MR. LALLY: Now, as far as you mentioned that the -- 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 with his 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 was on the front lawn. I didn't know exactly where the curb was, but I would say 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.
MR. LALLY: So the snow sort of covered the curb at that time that you're there; is that correct?
MR. MULLANEY: Yes.
MR. LALLY: But you approximate it was about 10 feet into the lawn?
MR. MULLANEY: Yes.
MR. LALLY: And the snow on the ground that you observed that time when you first arrived, about how much snow had accumulated on the ground?
MR. MULLANEY: At that point, approximately six 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 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 sort of the rest of his body?
MR. MULLANEY: I don't recall, really, any observations.
MR. LALLY: Okay. Do you recall how he was dressed?
MR. MULLANEY: I do not.
MR. LALLY: Do you recall what, if any, snow was on any other part 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 do not recall any injuries.
MR. LALLY: So nothing stood out to you; is that correct?
MR. MULLANEY: No. Correct.
MR. LALLY: And you assist the fire department in 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: And 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 is lifted up, what, if anything, did you observe as far as the ground that had been underneath Mr. O'Keefe and where he was?
MR. MULLANEY: I didn't recall anything, observe anything, no.
MR. LALLY: You don't recall anything.
MR. MULLANEY: No.
MR. LALLY: Do you recall 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: So after Mr. O'Keefe is taken by members of the fire department over to the ambulance, what is it that you do?
MR. MULLANEY: Officer Saraf, at that point, we were trying to identify the victim. So I spoke to Ms. McCabe.
MR. LALLY: And, without sort of anything that Ms. McCabe told you, about how long a period of time did you talk to Ms. 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. O'Keefe?
MR. MULLANEY: Ms. McCabe is the only one I recall speaking to.
MR. LALLY: Now, as far as the defendant, Ms. Read, did you -- what, if anything, do 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: And, when you say "screaming," in a fairly loud voice, correct?
MR. MULLANEY: Very, very loud, yes.
MR. LALLY: As far as that sort of phraseology as far as 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 you said 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: Ten minutes, approximately.
MR. LALLY: Do you know what hospital it went to?
MR. MULLANEY: Good Samaritan.
MR. LALLY: After the ambulance left and went to the hospital, where did the three women that you're talking about, being the defendant, Ms. McCabe and Ms. 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 Ms. 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 the -- she was very distraught.
MR. LALLY: Now, at some point, did Ms. Read sort of stay in one place or where did Ms. Read go sort of around the cruisers and the ambulance and all of that?
MR. MULLANEY: I believe she went in one of the vehicles. I don't know if it was a cruiser or one of the cars just to stay warm.
MR. LALLY: And the other women that were with her as far as Ms. McCabe and Ms. 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 Ms. Read?
MR. MULLANEY: We were dispatched that -- or Canton control had advised 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 at that point?
MR. MULLANEY: I don't recall exactly who, but somebody had called Ms. Roberts to have Ms. Read come back to the scene, and we Section 12'd her.
MR. LALLY: Okay. And so about how much time elapsed between the time that you learned that from dispatch and the time that Ms. Read arrives back on scene with Ms. Roberts?
MR. MULLANEY: Five minutes, roughly.
MR. LALLY: Now, you mentioned that there may have been other officers on scene, 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 and Lieutenant Gallagher.
MR. LALLY: And when was that in relation to when yourself and Officer Saraf arrived on scene?
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 on scene?
MR. MULLANEY: Less than 45 minutes.
MR. LALLY: And, in total, how long was it that you were on scene that morning?
MR. MULLANEY: Ninety 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. So you indicated something about snow being on the ground and not being able to see the curb, correct?
MR. MULLANEY: Yes.
MR. LALLY: And 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. It was cold.
MR. LALLY: Could you or do you have any estimate as far as to how cold?
MR. MULLANEY: Twenty-five. I think 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 else?
MR. MULLANEY: I would say gusts to constant.
MR. LALLY: And fairly strong winds, light winds? What kind of --
MR. MULLANEY: Not actually 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 Ms. Read was brought back to the scene or around Fairview Road at the same time by Ms. Roberts, correct?
MR. MULLANEY: Correct.
MR. LALLY: And do you know where she went from there?
MR. MULLANEY: She was transported to Good Samaritan.
MR. LALLY: In a different ambulance than had taken Mr. O'Keefe?
MR. MULLANEY: Correct. A different ambulance.
MR. LALLY: Now, as far as Mr. O'Keefe was concerned, you assisted in getting him onto the backboard; is that correct?
MR. MULLANEY: Yes.
MR. LALLY: And did you also assist getting him onto the stretcher?
MR. MULLANEY: Yes.
MR. LALLY: 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, his body or any injuries?
MR. MULLANEY: No.
MR. LALLY: Sir, I'm going to direct your attention up to the screen over here.
MR. LALLY: Ms. Gilman, if you could just put up Exhibit 25 and just sort of pause it as soon as it comes up?
(Whereupon, the video was displayed and paused.)
BY MR. LALLY:
MR. LALLY: So, Officer Mullaney, I'm directing your attention to the screen and what's been marked as Exhibit 25. Generally speaking, what's depicted up 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, Ms. Gilman. If I could ask for Exhibit No. 3. Yes. I'm sorry. Exhibit No. 9. That's my fault.
BY MR. LALLY:
MR. LALLY: Officer Mullaney, directing your attention to what's up on the screen that's been previously marked as Exhibit No. 9 to you, do you recognize what's depicted in that photograph?
MR. MULLANEY: Yes.
MR. LALLY: Okay. And what do you recognize it to be?
MR. MULLANEY: That's 34 Fairview.
MR. LALLY: And is that -- 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 29th, 2022?
MR. MULLANEY: Yes.
MR. LALLY: And, Ms. Gilman, if I could have Exhibit No. 18?
BY MR. LALLY:
MR. LALLY: And, again, Officer Mullaney, 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 that to be?
MR. MULLANEY: That's 34 Fairview.
MR. LALLY: And 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 or dead center or something else?
MR. MULLANEY: Left.
MR. LALLY: What, if anything, did you observe sort of 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: And may I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, using this, and I'm going to try not to blind anybody, this is a laser point. You basically just push that button there and it comes on.
MR. MULLANEY: Okay.
MR. LALLY: So, Officer, if I could ask you, using that laser pointer, if you could direct the jury's attention to where in that photograph, if any, where you recall Mr. O'Keefe's body being located when you first got there?
MR. MULLANEY: Right in this area.
MR. LALLY: Thank you, sir.
MR. LALLY: If I may have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: And, Officer, you can put the lights back on. Thank you, sir. I have no further questions.
JUDGE CANNONE: All right. Cross-examination?
MR. YANNETTI: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good morning, Officer.
MR. MULLANEY: Good morning.
MR. YANNETTI: Officer Mullaney, you and I have never met before, correct?
MR. MULLANEY: Correct.
MR. YANNETTI: We've never spoken about this case?
MR. MULLANEY: No.
MR. YANNETTI: 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 time?
MR. MULLANEY: I was full-time.
MR. YANNETTI: When did you start at the Canton Police Department?
MR. MULLANEY: July 2020.
MR. YANNETTI: Did you start as a part-time officer?
MR. MULLANEY: I did.
MR. YANNETTI: I see. I misunderstood your testimony. You actually became full time in August of 2021?
MR. MULLANEY: Correct, sir. Yes.
MR. YANNETTI: All right. So you had been full time at that point for about six months when you received this call, correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: And it's fair to say that you were the junior officer on scene?
MR. MULLANEY: Yes, it is.
MR. YANNETTI: You testified that you approached Fairview from the Cedarcrest side, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: 34 Fairview Road is much closer to the Cedarcrest side than it is to the Chapman side, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: 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?
MR. MULLANEY: From Cedarcrest, yes.
MR. YANNETTI: Yes. 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. YANNETTI: 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: Yes.
MR. YANNETTI: You didn't know who that woman was at the time, correct?
MR. MULLANEY: No, sir.
MR. YANNETTI: But you later learned her identity?
MR. MULLANEY: Yes. I don't recall which female it was that was giving CPR, though.
MR. YANNETTI: 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. YANNETTI: At some point in time, you came in contact with Karen Read, correct, while you were on scene?
MR. MULLANEY: Not direct contact, but I was on scene when she was there.
MR. YANNETTI: I mean, you were there until about 8:00 a.m.; correct?
MR. MULLANEY: Yes.
MR. YANNETTI: And you were dispatched shortly after 6:00 a.m., correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: You were there for approximately two hours, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: You were there when Karen Read -- well, Karen Read was there when you showed up, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: She left and she came back to the scene, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: And you were there when she came back, correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: So with regard to your contact with her, she certainly was within eyeshot, correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: And you actually, at some points, were closer to her than you are to me right now, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: How close did you get to her?
MR. MULLANEY: Ten feet.
MR. YANNETTI: With the Court's permission, I'd like to walk toward you and have you stop me when I am at the point when you are at your closest to Karen Read. Can I do that, Your Honor?
JUDGE CANNONE: Okay. Go ahead.
MR. YANNETTI: Thank you.
(Whereupon, Mr. Yannetti walks toward the witness.)
MR. MULLANEY: Right there.
BY MR. YANNETTI:
MR. YANNETTI: Okay. And, when you were this close to her -- and you're estimating this to be about 10 feet, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: When you were this close to her, was there anything blocking your view of her face?
MR. MULLANEY: Not that I recall.
MR. YANNETTI: You noticed, obviously, that she had blood on her face, correct?
MR. MULLANEY: I did not notice that.
MR. YANNETTI: You didn't notice that she had blood in her hair?
MR. MULLANEY: I did not notice that.
MR. YANNETTI: You did notice that she was absolutely hysterical?
MR. MULLANEY: Yes.
MR. YANNETTI: She was completely distraught?
MR. MULLANEY: Yes.
MR. YANNETTI: She appeared to be in shock?
MR. MULLANEY: Yes.
MR. YANNETTI: And there was a contrast between that demeanor that 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: Can you kind of explain further?
MR. YANNETTI: Sure. Karen Read was screaming, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: She was yelling, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: She was hysterical and distraught, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: Jennifer McCabe was not?
MR. MULLANEY: Correct.
MR. YANNETTI: And you actually had more contact, direct contact, with Jennifer McCabe that morning, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: And you spoke to Jennifer McCabe for a good two minutes, correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: Face to face?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: You were closer to Jennifer McCabe than you ever got to Karen Read, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: You were able to observe her demeanor?
MR. MULLANEY: Yes.
MR. YANNETTI: You were able to hear her tone of voice?
MR. MULLANEY: Yes.
MR. YANNETTI: You were able to hear how loudly she was speaking, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: You were able to hear how quickly she was speaking?
MR. MULLANEY: Yes.
MR. YANNETTI: During those two minutes that you were face to face closer to Jennifer McCabe, she was not screaming, correct?
MR. MULLANEY: Correct.
MR. YANNETTI: She was not yelling?
MR. MULLANEY: Correct.
MR. YANNETTI: She was not hysterical?
MR. MULLANEY: Correct.
MR. YANNETTI: She was not distraught?
MR. MULLANEY: Yes.
MR. YANNETTI: She was calm?
MR. MULLANEY: Correct.
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I'll allow it, but let's move on.
BY MR. YANNETTI:
MR. YANNETTI: Jennifer McCabe didn't have any blood on her face, correct?
MR. MULLANEY: No.
MR. YANNETTI: And you didn't see any blood in Jennifer McCabe's hair, correct?
MR. MULLANEY: No.
MR. YANNETTI: Now, with regard to what you heard Karen Read scream that morning, I just want to make sure that 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. YANNETTI: And how many times do you think that she repeated those two phrases?
MR. MULLANEY: Quite a bit. More than 10.
MR. YANNETTI: Okay. Like almost too many times to count, really?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: And each time she said, is he dead, what was her tone of voice?
MR. MULLANEY: She was screaming very loudly.
MR. YANNETTI: Each time she said, is that my boyfriend, what was her tone of voice?
MR. MULLANEY: The same.
MR. YANNETTI: You got there not long after Officer Saraf, correct?
MR. MULLANEY: Correct.
MR. YANNETTI: In any of the -- during the time -- let me strike that. 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. YANNETTI: You never once heard her say, it's my fault, correct?
MR. MULLANEY: I did not.
MR. YANNETTI: You never once heard her say, I hit him, I hit him, I hit him, correct?
MR. MULLANEY: I did not.
MR. YANNETTI: 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. YANNETTI: And you would have noted those in your police report, obviously, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: Because you know that when you're drafting a police report, you want to include all of the important details, correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: And you want to be precise and accurate, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: 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. YANNETTI: 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. YANNETTI: 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?
MR. MULLANEY: Yes.
MR. YANNETTI: And how close were you to that area?
MR. MULLANEY: I was like right off the curb at that point.
MR. YANNETTI: How many feet from where the body had been?
MR. MULLANEY: Ten to 12 feet.
MR. YANNETTI: Okay. So maybe about the same distance as when I walked toward you? Around that distance?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: 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. YANNETTI: You were there for two hours, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: 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. YANNETTI: Did you ever see anybody ever put up any crime scene tape at all?
MR. MULLANEY: I don't recall that.
MR. YANNETTI: You recall other officers sort of searching that area, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: And, while you were near that area, you were certainly paying attention to it, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: Did you see officers use any equipment to clear some of the snow in that area?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: What did you see?
MR. MULLANEY: There was a leaf blower.
MR. YANNETTI: Where did that leaf blower come from?
MR. MULLANEY: I don't know.
MR. YANNETTI: Who had the leaf blower?
MR. MULLANEY: I believe it was Lieutenant Gallagher.
MR. YANNETTI: When did Lieutenant Gallagher arrive on scene?
MR. MULLANEY: Forty-five minutes after I did, approximately. I don't recall the exact time.
MR. YANNETTI: And how big was that leaf blower?
MR. MULLANEY: Not too big.
MR. YANNETTI: Was it handheld or was it something that you push?
MR. MULLANEY: Handheld.
MR. YANNETTI: And who used the leaf blower?
MR. MULLANEY: Lieutenant Gallagher.
MR. YANNETTI: At what area or on what area did he use that leaf blower?
MR. MULLANEY: The front lawn.
MR. YANNETTI: And would that have been around the area where John O'Keefe's body had been?
MR. MULLANEY: Yes.
MR. YANNETTI: And you were watching him as he did that, correct?
MR. MULLANEY: Yes, sir.
MR. YANNETTI: What other officers were in that area sort of watching what was going on or participating in the search for what was going on?
MR. MULLANEY: I don't necessarily recall where everybody was, but I believe it would be Sergeant Lank and Sergeant Goode.
MR. YANNETTI: And they were superior officers, correct?
MR. MULLANEY: Correct.
MR. YANNETTI: And you understood that, you know, these brother officers of yours were looking for evidence, right?
MR. MULLANEY: Yes.
MR. YANNETTI: They were looking for clues about potentially what had happened to John O'Keefe, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: And you were paying attention, too, as they were doing their work, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: You were looking for anything that might have been out of place, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: If there was something large there that didn't appear to be, you know, appropriate for a front lawn, you would have made note of that, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: 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. YANNETTI: 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 didn't, no.
MR. YANNETTI: Did you find even or see even one piece of broken plastic?
MR. MULLANEY: I did not.
MR. YANNETTI: Now, when you came to the scene, John O'Keefe was still lying on the ground, correct?
MR. MULLANEY: Yes.
MR. YANNETTI: Did you see whether or not there were any blankets on the scene?
MR. MULLANEY: No.
MR. YANNETTI: 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. YANNETTI: 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.
BY MR. YANNETTI:
MR. YANNETTI: Did you see Jennifer McCabe approach that house at any point when you were on scene?
MR. MULLANEY: No.
MR. YANNETTI: Were you alerted at any point by anyone that she went into that house while you were on scene?
MR. MULLANEY: No.
MR. YANNETTI: 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. YANNETTI: What was your state of mind regarding whether there were any first responders in that house?
MR. MULLANEY: I don't remember that.
MR. YANNETTI: Nobody told you?
MR. MULLANEY: No.
MR. YANNETTI: You had testified that at one point, you saw Karen Read being escorted into a motor vehicle?
MR. MULLANEY: Yes.
MR. YANNETTI: And that was one of the women on scene, her motor vehicle?
MR. MULLANEY: Yes. It was either that or a cruiser. They were both kind of in the same area.
MR. YANNETTI: All right. 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, no.
MR. YANNETTI: And at no point in time did you ever hear Karen Read ask Jennifer McCabe to Google anything?
MR. MULLANEY: No.
MR. YANNETTI: If I may have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. YANNETTI: No further questions. Thank you, Officer.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Officer Mullaney, you've been to other scenes in which there is a deceased person on scene and family members or friends around?
MR. MULLANEY: Yes.
MR. LALLY: And, of those other scenes, does everybody who is 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: Okay. Is every single one of them screaming and yelling different things?
MR. MULLANEY: No.
MR. LALLY: And there were actually three women on scene that morning, correct?
MR. MULLANEY: Yes.
MR. LALLY: Okay. So there was Jennifer McCabe. There was the defendant, Ms. Read; and there was Kerry Roberts, correct?
MR. MULLANEY: Correct.
MR. LALLY: And did you see any blood on Ms. Roberts' face or hair?
MR. MULLANEY: No.
MR. LALLY: Was she screaming and yelling things and moving around the scene?
MR. MULLANEY: No.
MR. LALLY: Now, as far as the residents in 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, Your Honor.
MR. YANNETTI: One question if I might?
JUDGE CANNONE: Sure.
RECROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: 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 front lawn?
MR. LALLY: Objection.
MR. MULLANEY: No.
JUDGE CANNONE: All right. So that is sustained. All right. You are all set, sir.
MR. MULLANEY: Thank you, Your Honor.
(Whereupon, the witness is excused.)
JUDGE CANNONE: All right, folks. It's 11:00 o'clock. We will take our morning recess. Fifteen minutes.
(Whereupon, the jury was escorted from the courtroom.)