Commonwealth v. Read — Trial ArchiveSteven Saraf — Cross/Redirect
674 lines(Court in session at 9:25 a.m.)
(Defendant present. Jury present.)
COURT CLERK: Commonwealth versus Karen Read, 22-117.
JUDGE CANNONE: Good morning, again, counsel, Ms. Read. Good morning, jurors. I appreciate everybody's commute today. I'm thinking everyone's, I'm sure, was a lot longer than we all anticipated, but we thank you for being here promptly. I do have to ask you those same three questions: Was everyone able to follow the instruction and refrain from discussing this case with anyone yesterday? Everyone said "yes" or nodded affirmatively. Were you also able to follow the instruction and refrain from doing any independent research or investigation into this case since we left yesterday? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we were last here? Everyone said "no" or shook their head. All right. Thank you very much. Would you call Officer Saraf, please?
Whereupon, STEVEN SARAF, Resuming having been previously sworn, was examined and testified under oath as follows:
MR. SARAF: Good morning, Your Honor.
COURT CLERK: Sir, you are still under oath.
MR. SARAF: Yes, sir.
JUDGE CANNONE: All right, Mr. Jackson.
MR. JACKSON: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. JACKSON:
MR. JACKSON: Good morning, Officer Saraf.
MR. SARAF: Good morning.
MR. JACKSON: Is there anything you would like to change or modify about your testimony yesterday?
MR. SARAF: No.
MR. JACKSON: Did you discuss your testimony with any person between the time you got off the stand yesterday and coming back in the courtroom this morning?
MR. SARAF: No.
MR. JACKSON: Officer Saraf, I want to ask you a question about, or a couple of questions about, something called a dispatch log. You know what a dispatch log is?
MR. SARAF: Yes.
MR. JACKSON: What is a dispatch log? Can you describe it for the jurors?
MR. SARAF: Just notes saying what time calls come in. Sometimes it's a short synopsis of what happened on the call.
MR. JACKSON: It's an official document generated by the Canton Police Department, correct?
MR. SARAF: That's correct.
MR. JACKSON: And it's kept in the ordinary course of business?
MR. SARAF: Yes.
MR. JACKSON: It's created at or near the time of the event that it's recording?
MR. SARAF: Yes.
MR. JACKSON: And it's supposed to be accurate?
MR. SARAF: Yes.
MR. JACKSON: Is that yes?
MR. SARAF: Yes.
MR. JACKSON: Okay. And, in fact, what it has is the dispatch details of the event that's in question, whatever officers show up, what time they show up, the order in which they show up, the location to which they are dispatched, things of that nature, correct?
MR. SARAF: Yes.
MR. JACKSON: Have you looked at the dispatch log in this case?
MR. SARAF: No, I have not.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: This is what has been marked as Exhibit 27. Take a glance at that and tell me if you recognize that document.
MR. SARAF: Yes, sir.
MR. JACKSON: How do you recognize it?
MR. SARAF: It looks like the log in question.
MR. JACKSON: So that's the dispatch for when?
MR. SARAF: The 29th.
MR. JACKSON: Do you see your name somewhere on that dispatch log?
MR. SARAF: Yes.
MR. JACKSON: To the right is one of the three officers that was called to the scene?
MR. SARAF: Yes.
MR. JACKSON: And that looks like the dispatch log for the callout that you were testifying about yesterday; is that right?
MR. SARAF: That's correct.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: You may.
MR. JACKSON: Your Honor, may I publish this as we --
JUDGE CANNONE: Yes.
MR. JACKSON: -- discuss it? That is really small font. May I approach one more time?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: This is not an icon test or eye exam, I should say. Oh, look at that. The magic of technology. All right. You can either look up on the screen or look at the dispatch log that's in front of you. I'll try to look at the one on the screen, but my eyes aren't that great, either. If you look to the right, there appear to be three entries for the dispatch of the officers that were on the scene about which you testified yesterday, correct?
MR. SARAF: Yes, sir.
MR. JACKSON: And, in fact, this dispatch log shows that you and then Officer Mullaney and then Sergeant Goode all arrived to 32 Fairview that morning within seven seconds of each other, correct?
MR. SARAF: That's what it says, yes.
MR. JACKSON: It actually has Officer Mullaney arriving first at 6:09:26. Do you see that?
MR. SARAF: Yes.
MR. JACKSON: And you see it also has three seconds later at 6:09:29 you arriving; is that right?
MR. SARAF: 6:29, it says. Excuse me. 6:09. Yes.
MR. JACKSON: 6:09 and 29 seconds?
MR. SARAF: Yes. I'm sorry.
MR. JACKSON: That's okay. And then it has Sergeant Goode arriving four seconds after you at 6:09 and 33 seconds, correct?
MR. SARAF: Yes.
MR. JACKSON: So all three of you, according to the official document generated by Canton Police Department for this event, has Officer Mullaney arriving first, you arriving second and Sergeant Goode arriving third, all within seven seconds of each other, correct?
MR. SARAF: That's correct.
MR. JACKSON: That is completely false; isn't it?
MR. SARAF: Yes.
MR. JACKSON: You looked at your dispatch -- I'm sorry, your dash cam, correct? And, clearly -- we saw it yesterday -- you arrive and there is nobody else on the scene?
MR. SARAF: Correct.
MR. JACKSON: That was about, in fact, 6:10 a.m. that you arrived, correct?
MR. SARAF: About that, yes.
MR. JACKSON: And then Officer Mullaney actually arrives after you about 6:11 a.m.; is that right?
MR. SARAF: Yes.
MR. JACKSON: And Sergeant Goode does not arrive, according to your own dash cam, until about 6:16, a little after quarter after six?
MR. SARAF: Yes.
MR. JACKSON: All right. So right off the bat, the official Canton Police Department dispatch log, one of the first documents generated in any of the investigative event, that's completely wrong, right?
MR. SARAF: The times are, yes.
MR. JACKSON: Well, the times and the order, right?
MR. SARAF: Yes.
MR. JACKSON: I mean, not only did Officer Mullaney not arrive first, you arrived first?
MR. SARAF: That's correct.
MR. JACKSON: And then he arrived?
MR. SARAF: Sure.
MR. JACKSON: So that's two things that are wrong about just that, correct?
MR. SARAF: Sure.
MR. JACKSON: And then it has Sergeant Goode arriving four seconds after you, which is also incorrect?
MR. SARAF: Yes.
MR. JACKSON: He didn't arrive until about six or seven minutes after you, right?
MR. SARAF: Sure.
MR. JACKSON: All right. Have you reviewed this document in the past?
MR. SARAF: This?
MR. JACKSON: Yes.
MR. SARAF: No.
MR. JACKSON: You've never seen the dispatch log?
MR. SARAF: No.
MR. JACKSON: Did you ever seek to make sure that the dispatch log, which is so important and so vital in an investigation, was actually accurate before it was turned over to the defense, for instance?
MR. SARAF: No, I didn't.
MR. JACKSON: All right. But, without that dispatch log -- sorry. Without your dash cam, we would be relying on your dispatch log to be true and accurate; is that right?
MR. SARAF: Other than what I'm saying that happened, correct.
MR. JACKSON: And do you think it's accurate otherwise?
MR. SARAF: This?
MR. JACKSON: Yes.
MR. SARAF: Not in order, no. It's not. Not in order, no, and time.
MR. JACKSON: Other than the order and the times of the officers responding, is it correct in all other respects in your mind?
MR. SARAF: Can you -- say it one more time?
MR. JACKSON: Sure. Let's take away the order and the time that the officers responded. Ignore that.
MR. SARAF: Uh-huh.
MR. JACKSON: Is the dispatch log otherwise accurate?
MR. SARAF: Yes.
MR. JACKSON: Okay. Take a look at the left-hand column where it's highlighted in green. What is that address?
MR. SARAF: Highlighted with green?
JUDGE CANNONE: On the screen.
BY MR. JACKSON:
MR. JACKSON: I'm sorry.
MR. SARAF: It says 32 Fairview.
MR. JACKSON: Did you arrive to 32 Fairview Road?
MR. SARAF: No.
MR. JACKSON: You arrived to 34 Fairview Road, correct?
MR. SARAF: Yes.
MR. JACKSON: So even the location on the dispatch log is faulty; is that right?
MR. SARAF: Yes.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: You testified at a grand jury in April of 2022, correct?
MR. SARAF: I did.
MR. JACKSON: At that grand jury, do you remember telling the grand jurors what address you actually responded to?
MR. SARAF: I don't recall. I don't remember what I said.
MR. JACKSON: Would it refresh your recollection if you took a quick glance at a copy of your grand jury testimony?
MR. SARAF: Sure.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Officer Saraf, I've done you the favor of highlighting a page, on page 9. Where did you indicate to the grand jury that you actually arrived?
MR. SARAF: It says 35 Fairview.
MR. JACKSON: I know what it says. I'm asking you if it refreshes your recollection that you actually testified under oath that you responded to 35 Fairview Ave.?
MR. SARAF: Yes.
MR. JACKSON: And that is incorrect, as well; isn't it?
MR. SARAF: Yes.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Have you reviewed any of the other officers' reports that relate to your dispatch out to the location that you've been testifying to?
MR. SARAF: No, I did not.
MR. JACKSON: Did you ever review Sergeant Goode's report?
MR. SARAF: No.
MR. JACKSON: Are you aware that Sergeant -- have you ever discussed with Sergeant Goode that he wrote in his official report that he responded to 32 Fairview Road?
MR. SARAF: No.
MR. JACKSON: And, of course, we just talked about the fact that the dispatch log lists 32 Fairview Road and not 34 Fairview Road, correct?
MR. SARAF: Correct.
MR. JACKSON: So none of the initial police reports, not the dispatch log, not your police report, apparently not Sergeant Goode's, lists 34 Fairview Road as the actual location where you responded that morning, correct?
MR. SARAF: As far as I know, yes. Yes, sir.
MR. JACKSON: Was there an effort on your part or anybody else's to your knowledge to mask the actual address of Brian Albert's house as 34 Fairview Road?
MR. SARAF: No. No.
MR. JACKSON: All those are just mistakes?
MR. SARAF: Yes.
MR. JACKSON: Over and over and over?
MR. SARAF: Yes.
MR. JACKSON: When you made contact with the victim and the women that you described yesterday, did you see any evidence that any of the women had been engaged in lifesaving measures?
MR. SARAF: Yes.
MR. JACKSON: What did you see?
MR. SARAF: It appeared that Karen Read was doing mouth- to-mouth on John O'Keefe.
MR. JACKSON: You saw -- I don't want to get too graphic. But you saw blood on her face?
MR. SARAF: Yes, I did.
MR. JACKSON: You saw blood on his face?
MR. SARAF: That's correct.
MR. JACKSON: You saw blood in her hair?
MR. SARAF: No. I didn't see any.
MR. JACKSON: You didn't notice that?
MR. SARAF: I didn't.
MR. JACKSON: Okay. But certainly blood on her face from having engaged in some sort of CPR activity?
MR. SARAF: Yes.
MR. JACKSON: Mouth-to-mouth resuscitation, you said?
MR. SARAF: It looked like it, yes.
MR. JACKSON: Okay. You also saw Kerry Roberts seemingly assisting with chest compressions; is that correct?
MS. MCLAUGHLIN: Objection. No question.
JUDGE CANNONE: No. He can answer the question as asked. Finish your question.
MR. JACKSON: Thank you, Your Honor.
BY MR. JACKSON:
MR. JACKSON: Did you also see Kerry Roberts seemingly assisting in chest compressions?
MR. SARAF: I don't remember exactly who was, but it appeared that somebody was doing it.
MR. JACKSON: What about the third woman, Jennifer McCabe?
MR. SARAF: They were all around the body.
MR. JACKSON: Did you see Jennifer McCabe ever engage with John O'Keefe as he lay on the ground and assist in any lifesaving measures? Did you witness that?
MR. SARAF: I don't know. I don't recall.
MR. JACKSON: But you do recall my client engaged?
MR. SARAF: Yes.
MR. JACKSON: Is it true that Jennifer McCabe pulled aside while my client and Kerry Roberts stayed with John O'Keefe and began engaging you in conversation?
MR. SARAF: Yes.
MR. JACKSON: And she was providing some sort of a narrative to you, correct?
MR. SARAF: Correct.
MR. JACKSON: While the other two women are trying to save John O'Keefe's life, she's talking to you?
MR. SARAF: For brief seconds.
MR. JACKSON: For brief seconds?
MR. SARAF: Yes.
MR. JACKSON: You saw the dash cam video. Those several minutes on the dash cam video where she is standing and having a conversation with you, are those the brief seconds that you --
MR. SARAF: I don't know what time frame you are talking about.
MR. JACKSON: I'm talking about right after you got there.
MR. SARAF: Right after I got there.
MR. JACKSON: Correct. Did you ever see Jennifer McCabe do anything physically to help John O'Keefe?
MR. SARAF: No. I didn't see anything.
MR. JACKSON: Did Jennifer McCabe offer to you during the brief seconds that you described this narrative that she was having or this conversation that she was having with you, did she ever offer the fact that she was standing in front of her sister's house?
MR. SARAF: No.
MR. JACKSON: Did she ever offer the fact that her brother- in-law who lives in the house is a first responder?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: Were you apprised at any time while you were out there that the homeowner was a first responder?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: Based on your observations between Karen Read and Jennifer McCabe, which one of those women appeared to be more focused on trying to save John's life in the moment?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it.
MR. SARAF: Can you repeat the question, sir?
BY MR. JACKSON:
MR. JACKSON: Between Karen Read and Jennifer McCabe, which one of those two women, based on your observations, appeared to you to be more focused on physically trying to save John O'Keefe's life in the moment?
MR. SARAF: At that point, it was Karen Read.
MR. JACKSON: You would agree with me, Officer Saraf, that in any investigation, details matter, accuracy matters, correct?
MR. SARAF: Sure.
MR. JACKSON: Reports are written in police investigations in order to memorialize observations, things heard, seen, experienced by the officers, correct?
MR. SARAF: Yes.
MR. JACKSON: And, generally speaking, you're trained to write those reports and memorialize those observations as quickly as possible so that things are fresh in your memory?
MR. SARAF: Correct.
MR. JACKSON: You don't want to write a report about an incident that you respond to today two years from now?
MR. SARAF: No.
MR. JACKSON: As a matter of fact, you're trained to do exactly the opposite. When you respond to a scene, it's somewhat important to get it down on paper as quickly as possible for details and accuracy, right?
MR. SARAF: Yes.
MR. JACKSON: You did, in fact, write a report, a supplemental report, for this investigation where you laid out your observations of that morning, correct?
MR. SARAF: That's correct.
MR. JACKSON: These are called incident reports, correct?
MR. SARAF: Yes.
MR. JACKSON: I'm holding what appears to be a multi-page document that's entitled an incident report.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Take a look at the tabbed page and tell me if you recognize what's on that page?
MR. SARAF: I'm sorry?
MR. JACKSON: Do you recognize that? All I'm asking is --
MR. SARAF: Oh, yes.
MR. JACKSON: -- do you recognize that as your report?
MR. SARAF: Yes. Yes, sir. I'm sorry.
MR. JACKSON: Did you write that?
MR. SARAF: Yes, sir.
MR. JACKSON: When did you write that?
MR. SARAF: I believe the morning of.
MR. JACKSON: So that would be January 29th?
MR. SARAF: That's correct.
MR. JACKSON: A little bit later in the morning after you left the scene?
MR. SARAF: Yes.
MR. JACKSON: And you were reflecting back on what had just happened minutes or hours before, correct?
MR. SARAF: Yes.
MR. JACKSON: And you were trying to be as truthful as possible, correct?
MR. SARAF: Yes.
MR. JACKSON: You were trying to be as accurate as possible?
MR. SARAF: Yes.
MR. JACKSON: As comprehensive as possible?
MR. SARAF: Yes.
MR. JACKSON: And as thorough as possible?
MR. SARAF: Yes.
MR. JACKSON: You wrote in that report, quote, "Karen Read kept screaming, 'Is he dead, is he dead.' She was severely distraught and not able to tell me what happened." Correct?
MR. SARAF: That's correct.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: There was no limit to the amount of words you could put on the page, correct?
MR. SARAF: No.
MR. JACKSON: As a matter of fact, there is a ton of white space left unutilized, right?
MR. SARAF: That's correct.
MR. JACKSON: You could have taken as much time as you wanted to in writing this report; is that right?
MR. SARAF: Sure.
MR. JACKSON: Is that a yes?
MR. SARAF: Yes.
MR. JACKSON: There was no reason to abbreviate anything; is that right?
MR. SARAF: No.
MR. JACKSON: And you tried to be as accurate as you possibly could in that moment?
MR. SARAF: Yes.
MR. JACKSON: And put everything down in that report that reflected what you experienced and what you observed and what you heard that morning, correct?
MR. SARAF: Yes.
MR. JACKSON: And the only statement you attribute to my client on that morning just hours after the incident or minutes after the incident was she kept repeating, is he dead; correct?
MR. SARAF: Yes.
MR. JACKSON: You were interviewed by Michael Proctor the next day, weren't you?
MR. SARAF: I don't know what day it was, but --
MR. JACKSON: Would it refresh your recollection to take a look at a report?
MR. SARAF: Sure.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Take a look at that report that's dated March 15 but reflects an interview on January 30 and then tell me if you recognize it.
MR. SARAF: It looks like his police report.
MR. JACKSON: Okay. That's Officer -- I'm sorry. That's Trooper Proctor's report of an interview that he did with you, correct?
MR. SARAF: Yes.
MR. JACKSON: And, if you look on the second page, there is a paragraph about what you stated to Trooper Proctor?
MR. SARAF: That's highlighted?
MR. JACKSON: I highlighted it for you.
MR. SARAF: Yes.
MR. JACKSON: Okay. Did you tell Trooper Proctor -- let me withdraw that and ask it a different way. Were you trying to be as thorough and comprehensive with Trooper Proctor as you were in your own report?
MR. SARAF: Yes.
MR. JACKSON: You weren't holding anything back in that interview, correct?
MR. SARAF: No.
MR. JACKSON: You wanted to be as truthful and as honest as you possibly could?
MR. SARAF: Yes.
MR. JACKSON: And as comprehensive as you possibly could, correct?
MR. SARAF: Yes.
MR. JACKSON: You told Trooper Proctor that you can, quote, "hear Karen Read continually state, is he dead," as the paramedics treated the victim. Officer Saraf had seen Karen inside her friend's vehicle, correct?
MR. SARAF: Correct.
MR. JACKSON: So the only statement you attributed to my client the day after this incident was those three words "is he dead" that she continually repeated; is that right?
MR. SARAF: Yes.
MR. JACKSON: Thank you.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: In the two times that you were asked to reflect back on exactly what happened that morning on January 29th and January 30th, both times you attributed only three words to my client having been repeated continually in her distraught statement, is he dead, right?
MR. SARAF: Yes.
MR. JACKSON: And she wasn't saying that calmly, I'm assuming?
MR. SARAF: No.
MR. JACKSON: As a matter of fact, you used the word "she was severely distraught; is that right?
MR. SARAF: That's correct.
MR. JACKSON: When you say "severely distraught," you saw part of that on your dash cam. She was emotional?
MR. SARAF: Yes.
MR. JACKSON: Upset?
MR. SARAF: Yes.
MR. JACKSON: Focused on John?
MR. SARAF: Yes.
MR. JACKSON: Trying to save his life?
MR. SARAF: Yes.
MR. JACKSON: And asking -- what was the question that she asked?
MR. SARAF: Is he dead.
MR. JACKSON: Over and over and over, correct?
MR. SARAF: Correct.
MR. JACKSON: Then you were asked to testify in April of 2022, April 14th of 2022, at a state-run grand jury by the Commonwealth?
MR. SARAF: Yes.
MR. JACKSON: As a matter of fact, Mr. Lally was the fine prosecutor who was asking you the questions, correct?
MR. SARAF: Yes.
MR. JACKSON: Between the time you wrote your report on January 29th and you gave a statement officially on January 30th, between that time and when you testified in April of 2022, did you have any meetings with anybody from the Massachusetts State Police?
MR. SARAF: No.
MR. JACKSON: Did you have any meetings with Mr. Lally?
MR. SARAF: No.
MR. JACKSON: Did Mr. Lally put you on the stand without talking to you first?
MR. SARAF: No. For this trial?
MR. JACKSON: No. I'm just -- the dates in question are up to April 14th, 2022, the grand jury.
MR. SARAF: I don't recall.
MR. JACKSON: You don't recall if you met with either Mr. Lally or any of his contemporaries to discuss your potential testimony?
MR. SARAF: I don't recall meeting with him for that, no. One time I met with him in his office a couple of weeks ago with this.
MR. JACKSON: In preparation for this testimony?
MR. SARAF: Correct.
MR. JACKSON: But your testimony now is that he didn't meet with you or you did not connect with him to discuss your testimony before the April grand jury?
MR. SARAF: I don't recall.
MR. JACKSON: When you did testify in that grand jury, you changed your story, didn't you?
MR. SARAF: No.
MR. JACKSON: You believe you testified completely consistently at that grand jury as you have in your report?
MR. SARAF: I testified to what I remember what happened, sir.
MR. JACKSON: I see. Was your memory better in April than it was minutes or hours after the event?
MR. SARAF: Was it better?
MR. JACKSON: Was it better or worse?
MR. SARAF: I don't know.
MR. JACKSON: Do you think your memory gets better as time goes on?
MR. SARAF: Not usually, no.
MR. JACKSON: No? Usually it's the opposite; isn't it?
MR. SARAF: Yes.
MR. JACKSON: Memories get foggy; they fade?
MR. SARAF: Yes.
MR. JACKSON: Which is why you write reports the day of the incident if you can, correct?
MR. SARAF: Yes.
MR. JACKSON: Do you remember what you testified at the grand jury in April of 2022?
MR. SARAF: The whole thing?
MR. JACKSON: No. I'm sorry. That was a bad question on my part. Just as it relates to statements attributed to my client.
MR. SARAF: Yes.
MR. JACKSON: What was your exact testimony in April of 2022?
MR. SARAF: I'd have to look at my --
MR. JACKSON: Would it refresh your recollection if you saw a copy of your grand jury transcript?
MR. SARAF: Sure.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Look at page 18. Let me know once you review that and tell me if that refreshes your recollection.
MR. SARAF: Yes, it does.
MR. JACKSON: In fact, on April 14, 2022, months after this event, for the first time, you said, quote, and these are your words and tell me if I get them right (as read), "See, sorry, she, you know, this is my fault. I don't know. I don't know. She said, you know, I can't believe this happened. I mean, she kept asking if he was going to die, if he's dead. And, you know, I just basically said, you know, we are doing the best that we could," end quote.
MR. SARAF: That's correct.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: So in April of 2022, for the first time, you attributed the phrase, "This is my fault. I can't believe this happened," to my client, correct?
MR. SARAF: That's correct.
MR. JACKSON: But nowhere in your official report did you say that?
MR. SARAF: That's correct.
MR. JACKSON: And nowhere in your interview with Trooper Proctor the next day did you say that?
MR. SARAF: That's correct.
MR. JACKSON: Do you think that was a pretty important omission on your part?
MR. SARAF: It was an oversight.
MR. JACKSON: An oversight?
MR. SARAF: Yes.
MR. JACKSON: That a woman whom you made contact with standing over the body of a fallen police officer said to you, this is my fault? You just missed that one? Yes?
MR. SARAF: Yes. I missed it. I didn't write it down.
MR. JACKSON: And then, of course, you testified yesterday and your statement changed again, right?
MR. SARAF: I don't know.
MR. JACKSON: Do you remember what you said yesterday to these jurors?
MR. SARAF: Word for word? No.
MR. JACKSON: Well, I wrote it down. Let's see if this helps.
MR. SARAF: Okay.
MR. JACKSON: Yesterday, you said that my client said, quote, "It's all my fault. I did this," end quote.
MR. SARAF: Yes.
MR. JACKSON: Do you remember that?
MR. SARAF: Uh-huh.
MR. JACKSON: Is that a yes?
MR. SARAF: Yes, sir.
MR. JACKSON: But you didn't say that at the grand jury?
MR. SARAF: No.
MR. JACKSON: And you didn't say that to Proctor?
MR. SARAF: No, sir.
MR. JACKSON: And you didn't put it in your report?
MR. SARAF: That's correct.
MR. JACKSON: If you were to testify in another two or three weeks, do you think your statement will just keep evolving?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: Now, I want to shift gears for a second and talk about what Ms. Read actually said that morning. You said that you reviewed your dash cam video, correct?
MR. SARAF: Once.
MR. JACKSON: Do you remember when you arrived, one of the first things out of your mouth was the question, what happened?
MR. SARAF: Yes.
MR. JACKSON: That would be a natural question to ask?
MR. SARAF: Sure.
MR. JACKSON: You're trying to assess the scene and assess the situation?
MR. SARAF: Absolutely.
MR. JACKSON: And you would want to listen closely to what that answer was, correct?
MR. SARAF: Sure.
MR. JACKSON: Ms. Read did, in fact, answer you, didn't she?
MR. SARAF: I don't recall what she said.
MR. JACKSON: She said, quote, "My boyfriend, I left him, and he never came home," end quote. Correct?
MR. SARAF: I don't know.
MR. JACKSON: You agree, we've already agreed, that details matter in any investigation?
MR. SARAF: Absolutely.
MR. JACKSON: They certainly matter in this investigation, correct?
MR. SARAF: Yes, sir.
MR. JACKSON: I'd like you to take a look at what's been premarked as Exhibit 26. This is about the 3:50 runtime. I'm not looking at the actual -- I'm not looking at the actual time of day over here. I'm looking at the runtime which is down at the bottom. So, Mr. Bates, if you could play that? Just to orient everybody, does this appear to be your dash cam?
MR. SARAF: Yes, sir.
MR. JACKSON: The same dash cam you were looking at yesterday?
MR. SARAF: Yes.
(Whereupon, the video was played.)
MR. JACKSON: Officer Saraf, just like it's not an eye exam, it's not a hearing exam, either. I'm going to do the best I can to raise the volume.
MR. SARAF: Uh-huh.
MR. JACKSON: And, Officer Saraf, I want to focus your attention, if you wouldn't mind, on nine seconds after you say, what happened? Just count in your head and listen very, very carefully to a woman's voice that responds and what she says.
(Whereupon, the video was played and paused.)
BY MR. JACKSON:
MR. JACKSON: It's very, very hard to hear. Have you listened to that before?
MR. SARAF: No.
MR. JACKSON: Does it appear to you that she said, my boyfriend, I left him and he never came home?
MR. SARAF: I couldn't understand anything.
MR. JACKSON: Okay. Let's replay it one more time. Turn the volume up right at that moment. Listen for a woman's voice.
COURT REPORTER: I'm not hearing what you're saying to the witness.
MR. JACKSON: Hold on. I was asking --
BY MR. JACKSON:
MR. JACKSON: Officer Saraf, please listen to -- there is a din of noise, obviously, road noise, wind noise, et cetera. It's your dash cam, the audio from your dash cam. Once you close the door, listen very carefully about nine seconds after you say what happened for a woman's voice and see if you can make out what that voice says.
MR. SARAF: Sure.
(Whereupon, the video was played.)
MR. JACKSON: Stop.
BY MR. JACKSON:
MR. JACKSON: Did you hear, I left him and he never came home?
MR. SARAF: I couldn't understand what was said.
MR. JACKSON: You couldn't understand that?
MR. SARAF: No.
MR. JACKSON: Do you want to hear it one more time?
MR. SARAF: I don't think --
JUDGE CANNONE: No. No. Turn the lights on, please.
BY MR. JACKSON:
MR. JACKSON: Now, if my client had said, my boyfriend, I left him, and he never came home, would that be something that you would find important to put in your report?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: Let's move to another area of the dash cam video. I want to keep playing it at the 28-minute mark, the 28 minute and 20 second mark or so.
JUDGE CANNONE: May I see counsel at sidebar for just a minute, please?
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So typically we play something only once. You played it twice and you were ready to play it a third. You need to ask permission to do anything like that. Okay?
MR. JACKSON: Sure.
JUDGE CANNONE: You can't just keep playing things twice. Okay? All right. So you said we're going to keep focusing on the 26th -- or whatever it was. Are you planning on showing it for a second time?
MR. JACKSON: This one, it will probably -- it's hard to see the first time. I'll do my best to highlight what I am asking him to look at. I may ask to play it twice, no more than twice.
JUDGE CANNONE: What is it?
MR. JACKSON: It shows Jennifer McCabe pass by an SUV and go into the house.
JUDGE CANNONE: Can you freeze it as it goes on instead of showing it twice?
MR. JACKSON: I will.
JUDGE CANNONE: Once you show it more than once, it gets to argument. Okay?
MR. JACKSON: I'll do my best.
JUDGE CANNONE: So just once. Just once.
(Whereupon, the sidebar conference is concluded.)
MR. JACKSON: May I, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Officer Saraf, just as a predicate to what I'm going to ask you next, do you recognize your dash cam video being to the left of the screen?
MR. SARAF: Yes, sir.
MR. JACKSON: Okay. Have you looked at Sergeant Goode's dash cam video, which is squared up on the right side of the screen?
MR. SARAF: Never. No.
MR. JACKSON: You've never seen it?
MR. SARAF: No.
MR. JACKSON: Okay. Does it appear to you that these are two different perspectives of the same scene? In other words, you see the car or the SUV on the left side of the screen right here, correct?
MR. SARAF: Yes, sir.
MR. JACKSON: You see that same SUV right there, correct?
MR. SARAF: Yes, sir.
MR. JACKSON: Okay. Does that appear to be two different perspectives, two different angles?
MR. SARAF: Yes.
MR. JACKSON: Of basically the same thing?
MR. SARAF: Yes.
MR. JACKSON: Okay. I want to draw your attention to the individuals to the left of the SUV right here. There is a person wearing a hood with fur on it. Is that Kerry Roberts to your memory?
MR. SARAF: I don't know.
MR. JACKSON: Okay. There appears to be another person with a darker jacket standing just in front of that person with the hood in the frame? Do you see that person?
MR. SARAF: Yes.
MR. JACKSON: I am going to ask you to focus on the person in the darker jacket.
MR. SARAF: Sure.
MR. JACKSON: And the only reason I'm asking you to focus at this point is because I want to try to play this just once and see if you recognize what's depicted in the video.
MR. SARAF: Sure.
MR. JACKSON: What I expect you may see is this person move out of sight behind the SUV and then in the background there is an SUV parked in the driveway. Pay special attention to that portion of the SUV and see if you see that person in the dark jacket pass from right to left in front of that SUV as if they are going to the house. Let's go ahead and play it.
(Whereupon, the video was played and paused.)
MR. JACKSON: Okay. Go ahead and pause it.
BY MR. JACKSON:
MR. JACKSON: Have you seen the person in the dark jacket leave the vehicle?
MR. SARAF: Yes.
MR. JACKSON: Did she appear to go behind the SUV?
MR. SARAF: Yes.
MR. JACKSON: Go ahead and play it.
(Whereupon, the video was played and paused.)
MR. JACKSON: Go ahead and stop it.
BY MR. JACKSON:
MR. JACKSON: And now I'm going to ask you to draw your attention to that car with snow on it. Pay special attention to that car as the film continues to run. Go ahead.
(Whereupon the video was played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: Do you see the person standing in front of the car?
MR. SARAF: It appears to be a person, yes.
MR. JACKSON: Walking from right to left?
MR. SARAF: Yes.
MR. JACKSON: Would that be toward the house?
MR. SARAF: Yes, it would be.
MR. JACKSON: Okay. And also if you wouldn't mind switching your perspective. Now you're looking more at the front of the house. Continue watching the film and see if you see that same person walking toward the house.
(Whereupon, the video was played and paused.)
MR. JACKSON: Stop.
BY MR. JACKSON:
MR. JACKSON: Did you see that?
MR. SARAF: No. I didn't see. Oh, yeah. I saw a shadow. Yes.
MR. JACKSON: Right. A shadow of a person walking toward the front of the house?
MR. SARAF: Yes.
MR. JACKSON: That was Jennifer McCabe going into the house, wasn't it?
MR. SARAF: I have no idea.
MR. JACKSON: Was it a person going into the house?
MR. SARAF: It was a person, yes.
MR. JACKSON: Did you give anybody any permission to go into the house?
MR. SARAF: No.
MR. JACKSON: Would you think that a witness in a homicide scene -- we can go ahead and raise the lights. Thank you. Would you think that a witness at a homicide scene being allowed to go into a house to make contact with other witnesses --
MR. SARAF: I didn't -- I'm sorry.
MR. JACKSON: If I could finish my question. Do you think it's appropriate for a witness at a potential homicide scene, an unconscious person scene, whatever, a crime scene, to make contact with other witnesses and begin discussing the situation unsupervised?
MR. SARAF: Can you rephrase that question, sir?
MR. JACKSON: Do you think that's an appropriate thing to have happen?
MR. SARAF: I have no answer for that, sir. I don't know what you're asking.
MR. JACKSON: Officer Saraf, when you go to a crime scene, one of the first things that you want to do is secure the scene and separate witnesses so that interviews can be conducted, correct?
MR. SARAF: Sure.
MR. JACKSON: You wouldn't want witnesses just cavorting together and getting their stories straight, right?
MR. SARAF: Correct.
MR. JACKSON: You'd want to avoid that at all cost, right?
MR. SARAF: Yes. Yes.
MR. JACKSON: And why is that?
MR. SARAF: So they can't collaborate their story.
MR. JACKSON: Yet there is a woman -- sorry -- there was a person walking from the area where a body was found in the lawn of the house, walking into the house to make contact with other individuals, correct?
MR. SARAF: It appeared that way, yes.
MR. JACKSON: Does that seem appropriate to you?
MR. SARAF: No.
MR. JACKSON: Of course not. We've talked a bit about what you did and didn't hear at the scene from my client. At any point when you were at that location, did you hear my client repeating the phrase, I hit him, I hit him, I hit him, I hit him?
MR. SARAF: She said "I hit him"? No. I didn't hear that.
MR. JACKSON: You never heard her whisper it, yell it, say it or otherwise?
MR. SARAF: Not that I recall.
MR. JACKSON: If you had heard that statement, you likely would have written it down, wouldn't you?
MR. SARAF: Yes.
MR. JACKSON: You likely would have reported that to Trooper Proctor the next day, wouldn't you?
MR. SARAF: Yes.
MR. JACKSON: You likely would have mentioned it in your grand jury testimony, correct?
MR. SARAF: Yes.
MR. JACKSON: And you did none of those things because you did not hear that statement, correct?
MR. SARAF: I did not hear that, no.
MR. JACKSON: Sir, you were at 34 Fairview for more than an hour before you cleared the scene, right?
MR. SARAF: Yes, sir.
MR. JACKSON: You were at the location of the body of John O'Keefe?
MR. SARAF: Yes.
MR. JACKSON: In other words, you didn't stay in your cruiser. You walked out to where John O'Keefe was?
MR. SARAF: No. I was in my cruiser at different times.
MR. JACKSON: It must have been a bad question.
MR. SARAF: Okay.
MR. JACKSON: You didn't just stay in your cruiser. At points, you got out of your cruiser and walked over and made contact with the women, and you were standing next to the body?
MR. SARAF: Yes.
MR. JACKSON: And you were obviously looking around. You noticed some footprints?
MR. SARAF: Yes.
MR. JACKSON: And you even noticed a lack of footprints?
MR. SARAF: That's correct.
MR. JACKSON: So you were being observant at the area of the body?
MR. SARAF: Yes.
MR. JACKSON: And the area adjacent to the body?
MR. SARAF: Yes.
MR. JACKSON: You were looking for anything that might have been out of place?
MR. SARAF: Yes.
MR. JACKSON: Anything of any evidentiary value, correct?
MR. SARAF: Yes.
MR. JACKSON: You never saw or otherwise observed or located a single piece of taillight material, did you?
MR. SARAF: No.
MR. JACKSON: You certainly didn't see 45 pieces of broken plastic or taillight material, did you?
MR. SARAF: No.
MR. JACKSON: You never located or otherwise observed John O'Keefe's missing shoe?
MR. SARAF: No.
MR. JACKSON: Or any other clothing of his?
MR. SARAF: No.
MR. JACKSON: Officer Saraf, did you ever think to look inside the house for that missing shoe?
MR. SARAF: No.
MR. JACKSON: That never crossed your mind?
MR. SARAF: No.
MR. JACKSON: Do you think that might have been a smart thing to do at the time?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Rephrase the question.
MR. JACKSON: Sure.
BY MR. JACKSON:
MR. JACKSON: Do you think that would have been appropriate protocol when dealing with a body laying on a lawn that is partially unclothed to look inside the house of the lawn?
MR. SARAF: No.
MR. JACKSON: You didn't think that would have been appropriate protocol?
MR. SARAF: No.
MR. JACKSON: For you or for anybody else?
MR. SARAF: No.
MR. JACKSON: Obviously, you did not conduct a search of that house, did you?
MR. SARAF: No.
MR. JACKSON: And you're aware that to this day, no law enforcement officer ever conducted a search of that house?
MR. SARAF: I'm not aware of that.
MR. JACKSON: May I have just a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. JACKSON: No other questions, Your Honor. Thank you.
JUDGE CANNONE: Anything, Mr. Lally?
MR. LALLY: Just briefly, Your Honor.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. SARAF: Good morning.
MR. LALLY: You were asked some questions and you were shown a dispatch log; is that correct?
MR. SARAF: That's correct.
MR. LALLY: And the dispatch log, as far as the Canton Police Department is concerned, are you aware of sort of how or when or who creates that?
MR. SARAF: Yes.
MR. LALLY: And can you explain to the jury sort of how that document sort of comes into being?
MR. SARAF: So when the call comes in, an officer is at the desk. Usually the first thing they would do is dispatch, get people going to the scene and get everybody rolling as far as if they need F.D., police, whatever resources they need, and basically then type in what the call is and who is going.
MR. LALLY: So fair to say it's more important to get assets allocated to a scene, especially in the case of an emergency, which is why someone is calling 911 than to ensure the dispatch time is correct down to the second; is that right?
MR. SARAF: Absolutely.
MR. LALLY: Now, you were asked some questions about different things that you heard the defendant say, correct?
MR. SARAF: That's correct.
MR. LALLY: Okay. And you were shown specifically some grand jury testimony from April of 2022 in which you indicated during that testimony that the defendant stated, this is my fault?
MR. SARAF: Yes.
MR. LALLY: And is that based on your memory of what she said?
MR. SARAF: Yes.
MR. LALLY: And you also testified yesterday along those same lines, correct?
MR. SARAF: Correct.
MR. LALLY: So what you testified to before this jury, as far as your memory, is that accurate as to what happened on that scene, January 29th, 2022?
MR. SARAF: Yes.
MR. LALLY: Now, prior to this call, did you know Kerry Roberts?
MR. SARAF: No.
MR. LALLY: Did you know Karen Read?
MR. SARAF: No.
MR. LALLY: Did you know John O'Keefe?
MR. SARAF: No.
MR. LALLY: Did you know Jennifer McCabe?
MR. SARAF: No.
MR. LALLY: Based on what you've seen as far as the dash camera, would you be able to differentiate between Jennifer McCabe or Kerry Roberts from that dash camera footage?
MR. SARAF: No.
MR. LALLY: Now, while you were on scene, did you see anybody from 34 Fairview Road, from that address, come outside?
MR. SARAF: No.
MR. LALLY: Did you see anybody from any address on that entire street for the entire 90 minutes that you were there come outside?
MR. SARAF: No.
MR. LALLY: Now, you were asked some questions about some different addresses on Fairview, whether they be 32 or 35. Do you know where either 32 or 35 is located in relation to 34?
MR. SARAF: They would be next to each order in sequential order.
MR. LALLY: Nothing further.
MR. JACKSON: Nothing, Your Honor. Thank you.