Trial 1 Trial Day
◀ Day 20 Trial 1 Day 22 ▶

Day 21 - June 6, 2024

Bukhenik Testifies on Snowmelt Search, Investigation Records, and Video

5Proceedings
2Pages
1Witnesses
1,426Lines
6 sidebars
Day 21 of 35
Appearing:

Sergeant Bukhenik testified about recovered items, evidence handling, Ring materials, and video as the defense cross-examined him.

Full day summary

Sergeant Yuriy Bukhenik testified about a secondary snowmelt search at 34 Fairview Road, where he said troopers recovered a baseball hat, drinking straw, and plastic items. The court admitted photographs and physical evidence from the collections, as well as an audio excerpt of a June 9, 2022 conversation with Ms. Read after instructing jurors on evaluating alleged defendant statements. On cross-examination, Bukhenik was questioned about Ring materials, the early investigation, evidence handling, location documentation, and video. He said investigators did not secure the home as a crime scene, and he could not explain every clothing-label and custody-record detail. He also said the sally port video was mirrored. The court allowed limited use of an enlarged Ring-video view and limited questioning about witness preparation. It deferred the defense's proposed inverted-video display until the Commonwealth could review a copy.

Yuriy Bukhenik Direct Examination: Recovered Evidence and Ring Video Gaps

Bukhenik described a secondary snowmelt search at 34 Fairview Road and the recovery of a baseball hat, drinking straw, and plastic items near the flagpole.

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Yuriy Bukhenik Direct Examination: Recovered Evidence and Ring Video Gaps

Exhibit 541, an audio excerpt of a June 9, 2022 conversation with Ms. Read, was admitted and played after the judge instructed jurors on evaluating alleged defendant statements.

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Yuri Bukhenik Cross-Examination: Investigation, Evidence Handling, and Video Review

Bukhenik acknowledged that investigators did not secure the home as a crime scene, while saying later responders secured and processed the front-yard area.

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Yuri Bukhenik Cross-Examination: Investigation, Evidence Handling, and Video Review

Questioning examined the clothing bags' February 4 label date, drying period, and the witness's inability to explain the label procedure or identify a separate custody log.

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Yuri Bukhenik Cross-Examination: Investigation, Evidence Handling, and Video Review

While reviewing the sally port video, Bukhenik agreed it was mirrored and described uncertainty about the identities, distance, and movements shown near the vehicle.

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Sidebar on Proposed Video Display and Trial Schedule

The court declined to allow the defense to play its inverted video until the Commonwealth received and reviewed a copy, postponing the proposed display until later.

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Yuri Bukhenik
“The first portion is we did not secure the home as a crime scene. And the second portion, yes, I do know how to do that.”
Bukhenik acknowledged that the home itself was not secured as a crime scene.
Yuri Bukhenik
“Nothing provided by Ring proved or suggested or proved any evidence of that type of activity, no.”
Bukhenik denied that the Ring materials established the account activity defense counsel asked about.
Video thumbnail for Day 21 — Bukhenik (cont) 3h 3m
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1. Yuri Bukhenik — Direct (Part 2)

Yuriy Bukhenik testified about a secondary search, evidence collection, and Ring video footage absent from returned data as the court admitted exhibits and played part of a recorded conversation with Karen Read.

sidebar
Sidebar on Exhibit 463 and Exhibit Access
49 lines

The court initially raised striking Exhibit 463, receipts, for lack of foundation. Defense counsel withdrew the authenticity objection and proposed a stipulation to avoid calling an additional witness, so the exhibit was not struck. The judge also directed that paper exhibits admitted each day remain with the clerk for the court's access, and counsel were asked to provide a scheduling estimate for when the case might reach the jury.

Direct
Yuri Bukhenik Adam Lally
507 lines

Yuriy Bukhenik described a February 3 secondary search at 34 Fairview Road after snow began to melt, saying troopers recovered a baseball hat, a drinking straw, and plastic items; he also described later collections and evidence storage. The court admitted photograph groups through Exhibits 534 and physical evidence through Exhibits 540. Bukhenik testified that certain Ring videos were absent from the returned data, including video of the defendant arriving home after midnight and video involving Ms. McCabe and Ms. Roberts near the vehicle. The court admitted and played an audio excerpt of a June 9, 2022 conversation with Ms. Read, with an instruction on evaluating alleged defendant statements, and limited later DNA-swab testimony to the voluntary collection of swabs.

2 sidebars inside this proceeding
  1. Lab Photograph Presentation Guidance The judge directed counsel to present the lab photographs more directly, avoid repeated views and extended orientation, and speak loudly enough to be heard.
  2. Buccal Swab Testimony Limits Counsel disputed proposed testimony about a voluntary buccal swab and laboratory results; the judge limited testimony to the voluntary swab and any observed swabs.

2. Yuri Bukhenik — Cross (Part 1)

Defense cross-examination of Sergeant Yuri Bukhenik addressed Ring materials, the investigation at 34 Fairview, evidence documentation, and sally port video. The court deferred video and motion issues for Monday.

Cross
Yuri Bukhenik Alan Jackson
800 lines

Defense counsel questioned Sergeant Bukhenik about Ring-account materials, the early investigation at 34 Fairview, handling and documentation of recovered clothing and later debris, and videos from One Meadows and the Canton Police sally port. Bukhenik said Ring did not provide activity logs and that the materials did not prove or suggest the account activity counsel asked about. He acknowledged that investigators did not secure the home as a crime scene, described later yard processing, and testified that some evidence was stored and dried while he could not identify every handling or logging detail. He also said certain February 10 items were not GPS- or cross-coordinate documented. After sidebar rulings, the court permitted one enlarged-video demonstration and allowed limited questioning about witness preparation. Bukhenik said he had met with Lally twice to discuss portions of the case he would present and agreed the sally port video was mirrored.

2 sidebars inside this proceeding
  1. Enlarged Video Demonstration The parties disputed using an enlarged video during cross-examination; the judge permitted one use after discussion of its form and intended questioning.
  2. Witness Preparation Bias Questioning Counsel sought to question the witness about preparation, conversations with the prosecutor, and possible bias; the judge allowed a limited amount of leeway.
sidebar
Sidebar on Proposed Video Display and Trial Schedule
50 lines

Defense counsel sought to play a brief portion of an inverted version of video previously introduced by the Commonwealth, describing it as the same video inverted correctly. The court required the Commonwealth to receive and review it before any display, and deferred the issue until Monday after redirect. Counsel then discussed projected completion dates, and the court told jurors they could expect to receive the case for deliberations in the last week of June.

Procedural
Hearing on Commonwealth Motion Scheduled
20 lines

The court deferred argument on a Commonwealth motion received that morning, setting a hearing for Monday at 8:30 a.m. and permitting a written response by email.

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