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◀ Day 19 Trial 1 Day 21 ▶

Day 20 - June 5, 2024

Forensic Comparisons and Trooper Bukhenik Testifies

9Proceedings
4Pages
3Witnesses
2,725Lines
17 sidebars
Day 20 of 35
Appearing:

Forensic testimony addressed taillight and glass comparisons before Trooper Yuriy Bukhenik testified about investigative evidence and a reported interview with Karen Read.

Full day summary

Forensic scientists Ashley Vallier and Christina Hanley testified about comparisons of plastic and glass evidence. Vallier described mechanical-fit examinations involving taillight fragments, while cross-examination addressed laboratory submission records, evidence handling before the laboratory received items, and a missing section in the taillight reconstruction. Hanley testified that six glass pieces physically matched a drinking glass, and distinguished those findings from comparisons reporting materials as consistent in physical and instrumental properties. Trooper Yuriy Bukhenik then testified about investigative activities, clothing and vehicle evidence, surveillance footage, and a reported interview with Karen Read. Before testimony about Read's reported statements, the court instructed jurors that the Commonwealth must prove any alleged statement was made voluntarily, freely, and rationally.

Ashley Vallier Describes Fragment Comparisons and Taillight Match

Vallier testified that Piece 1 and Item 3-1, the taillight housing, had been together as part of a larger unit.

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Ashley Vallier Cross-Examination on Evidence Handling and Taillight Fragments

Vallier confirmed that the final taillight reconstruction had a visibly missing section and said she did not know where the pieces making up that hole were or what happened to them.

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Christina Hanley Direct Examination

Hanley testified that six glass pieces from Item 7-12 physically matched the drinking glass in Item 3-2 and had once been part of the same unit.

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Christina Hanley Direct Examination

Hanley testified that bumper-glass Piece E was consistent in physical and instrumental properties with road glass from Item 7-14, while qualifying that either could share those characteristics with another source.

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Yuriy Bukhenik - Direct Examination

Before testimony about Read's reported statements, the court instructed jurors that the Commonwealth must prove beyond a reasonable doubt that any alleged statement was made voluntarily, freely, and rationally.

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Christina Hanley
“Accordingly, the examined portion of the piece of clear glass that I labeled as "E" from Item 3-3 could have originated from the examined portion of the piece of clear glass from Item 7-14 or from another source with the same characteristics.”
States the qualified association between bumper glass and road glass.
Beverly J. Cannone
“Before you may even consider any such statement as evidence, the Commonwealth must prove to you beyond a reasonable doubt that the defendant made the statement that she's alleged to have made and that she made it voluntarily, freely and rationally.”
The court framed how jurors must evaluate the reported interview statements before hearing them.
Video thumbnail for Day 20 โ€” Vallier (cont), Hanley, Bukhenik 7h 47m
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1. Ashley Vallier โ€” Direct (Part 2)

Ashley Vallier testified about photographs and mechanical comparisons of plastic fragments, identifying fits that included Piece 1 and the taillight housing as parts of the same larger unit.

Procedural
Procedural - Motions
14 lines
Direct
Ashley Vallier Adam Lally
398 lines

Ashley Vallier authenticated and discussed photographs of plastic fragments, described her process for documenting and mechanically comparing them, and identified several fits within and between evidence items. Photographs were admitted as Exhibits 332 through 434. Vallier testified that Piece 1, assembled from fragments in multiple items, and Item 3-1, the taillight housing, had once been part of the same larger unit. At sidebar, the judge directed the prosecutor to avoid leading questions and to move the examination along.

1 sidebar inside this proceeding
  1. Taillight Reconstruction and Leading Questions Counsel raised streamlining the witness's piece-by-piece taillight reconstruction, and the judge instructed counsel to stop leading and move the examination along.
sidebar
Evidence-Bag Photograph Exhibits
21 lines

Counsel discussed photographs of evidence bags, including two believed not yet in evidence, and agreed that exhibit stickers could cover defense counsel's internal writing.

2. Ashley Vallier โ€” Cross/Redirect

Ashley Vallierโ€™s cross-examination examined evidence handling, plastic fragments, and the missing section of the reconstructed taillight; redirect addressed her examination process and fitted fragments.

Cross
Ashley Vallier David Yannetti
312 lines

David Yannetti cross-examined forensic scientist Ashley Vallier about crime-laboratory item numbers, debris from clothing, and the limits of her knowledge about evidence handling before it reached the laboratory. After consulting her notes, Vallier testified that Trooper Michael Proctor submitted Submission 7 on March 14, 2022; the judge allowed one question about handling before that date, and Vallier said she did not know. The defense introduced label photographs as Exhibits 435 and 436 while comparing collection dates and sizes of plastic fragments. Vallier also confirmed that the final taillight reconstruction had a visible missing section and that she did not know where those pieces were or what happened to them.

Redirect
Ashley Vallier Adam Lally
25 lines

Ashley Vallier testified that she examined debris using a stereo zoom after taking overall photographs, and identified Maureen Hartnett as the person who submitted or transferred the debris to her unit. Vallier also confirmed that she did not know the circumstances of evidence collection and that the pieces she mechanically fitted fit onto the taillight housing taken from the defendant's vehicle.

sidebar
Sidebar on Proposed Comparison Display
42 lines

Counsel discussed an out-of-order defense witness and a proposed visual comparison intended to clarify anticipated testing testimony. The prosecution did not object to its use as a chalk in principle but objected to displaying the assembled comparison for the jury; the judge deferred the issue until testimony came in. Chain-of-custody documents were marked for identification, and the court took a 15-minute recess.

Procedural
Procedural
4 lines

3. Christina Hanley โ€” Direct/Cross/Redirect

Forensic scientist Christina Hanley distinguished a physical glass match from other comparisons that were consistent with road glass or taillight material.

Direct
Christina Hanley Adam Lally
194 lines

Forensic scientist Christina Hanley described her training, laboratory procedures, and glass-comparison methods before testifying about several evidence items. She said six pieces of glass from Item 7-12 physically matched the Item 3-2 drinking glass and had once been part of the same unit. She also reported that a bumper-glass piece was consistent in physical and instrumental properties with road glass, and that clear and red plastic from clothing debris was consistent with corresponding taillight material; she qualified those latter comparisons as also potentially originating from another source with the same characteristics.

sidebar
Limits on Photograph Questions
18 lines

The judge limited questioning to four identified photographs and questions about where items were found, while allowing counsel to ask whether another marked item would help the witness.

Cross
Christina Hanley Alan Jackson
175 lines

Defense counsel used the cross-examination to organize the glass evidence into four item groups and distinguish physical matches from findings that materials were merely consistent in physical and instrumental properties. Hanley said a previous analyst had found Item 7-12 pieces E and I to be a physical match; she also testified that bumper piece E was consistent with Item 7-14, while Item 7-14 had no physical match with the cup or the Item 7-12 pieces. The court declined to admit the VV chain-of-custody document at that time and reserved the request for further consideration.

2 sidebars inside this proceeding
  1. Report Business-Record Objection Counsel disputed whether a report qualified as a business record, and the judge declined to admit or permit it to be shown pending review.
  2. Hearsay in Glass Chart The judge identified hearsay in chart references to glass retrieved by Trooper Proctor and warned that objections to objectionable questions would be sustained.
Redirect
Christina Hanley Adam Lally
27 lines

Hanley explained that the Item 7-12 plastic pieces were not examined for a physical match because there were no comparison plastic pieces. The court sustained a beyond-the-scope objection to a broader materials question. Hanley then confirmed that bumper Piece E was consistent with clear glass found at 34 Fairview Road.

4. Yuri Bukhenik โ€” Direct (Part 1)

Yuriy Bukhenik continued direct testimony about the investigation, evidence handling, surveillance footage, and related court rulings.

sidebar
Bukhenik Photograph Review
22 lines

The parties discussed photographs intended for Sergeant Bukhenik, distinguishing Good Samaritan photographs from autopsy photographs, and the judge said she would locate them during lunch.

Direct
Yuri Bukhenik Adam Lally
1392 lines

Yuriy Bukhenik described his supervisory role in the investigation, the recovery and handling of John O'Keefe's clothing at Good Samaritan Hospital, and the seizure and transport of Karen Read's Lexus. He recounted a voluntary interview with Read, testified about surveillance from Dighton, Canton Police Department, C.F. McCarthy's, and the Waterfall, and identified related exhibits. The court limited medical-causation testimony, instructed jurors on evaluating Read's alleged statements, and addressed disputes over clothing-bag chain of custody and video foundation.

9 sidebars inside this proceeding
  1. Witness Use of โ€œWeโ€ Counsel objected to the witness's use of โ€œweโ€ rather than identifying individual actions, and the judge declined to sustain the objection.
  2. Limit on Medical Causation The judge limited the witness to observations and prohibited medical testimony or opinions about what caused an injury based on experience.
  3. Clothing Bag Chain of Custody Counsel raised a chain-of-custody concern about clothing bags, including the orange tee shirt, and the judge said the item would not enter evidence at that point.
  4. Instructions on Photographs and Statement The judge discussed instructions for gruesome photographs and a Milton Barracks statement, agreeing not to mention Miranda warnings while requiring the statement to be voluntary.
  5. Voluntary Statement Jury Instruction The judge reviewed a proposed instruction on alleged voluntary statements and declined to add a specific reference to medication or mention Miranda warnings.
  6. Sally Port Video Review Counsel disputed whether they had previously received a particular sally port video, and the judge ordered a 10-minute break so it could be reviewed.
  7. Foundation for Search-Warrant Videos Counsel challenged Sergeant Bukhenik's foundation to testify about search warrants and videos, and the judge directed that a foundation be laid.
  8. Playing Videos in Exhibit 6 Counsel objected that Sergeant Bukhenik lacked foundation for videos in Exhibit 6, and the judge ruled that the videos were in evidence and could be played.
  9. Waterfall Video Foundation Counsel objected to foundation for material associated with the Waterfall video, and the judge allowed it in connection with the video while noting the objection.
sidebar
Sidebar on Witness Scheduling and Expert Discovery
81 lines

Counsel and the court discussed how the possible testimony of Trooper Proctor could affect cross-examination of Trooper Bukhenik, the anticipated schedule for remaining witnesses, and upcoming days out of session. They also addressed anticipated defense experts, possible voir dire, and the defense's stated limits on obtaining additional information about ARCCA-related witnesses.

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