Commonwealth v. Read — Trial ArchiveYuri Bukhenik - Direct (Part 2)
367 linesJUDGE CANNONE: What now — opening? Can I see counsel at sidebar about a couple of things, please? audio garble What? All right.
COURT CLERK: You are unmuted. All persons having any business before the Honorable Beverly Cannone, Justice of the Norfolk Superior Court for the County of Norfolk, draw near, give your attendance, and shall be heard. Say the Massachusetts Superior Court is now open. May Session 22-117, the Commonwealth versus Karen Read. Can I have the witness, please?
JUDGE CANNONE: Good morning again, counsel, and Ms. Read. Response from counsel/Ms. Read Members of the jury, we appreciate your patience — giving us this time actually helps streamline things, so we appreciate that. I do have to ask you those three questions. Were you all able to follow the instructions and refrain from doing any independent research or investigation into this case since we left? Were you also able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Did anyone happen to see, hear, or read anything about this case since we left yesterday? Thank you very much. Everybody answered those questions appropriately. Okay, can we have Sergeant Bukhenik, please?
COURT CLERK: Do you swear to the court and jury in the case down here to tell the truth, the whole truth, and nothing but the truth, so help you?
MR. BUKHENIK: I do.
COURT CLERK: Thank you.
JUDGE CANNONE: All right, Mr. Lally, whenever you're ready.
MR. LALLY: Thank you. Good morning, sir.
MR. BUKHENIK: Good morning, sir.
MR. LALLY: I'd like to circle back to just a couple of things from your testimony from yesterday. Going back to the video that you reviewed from both C.F. McCarthy's and the Waterfall — in total, from those two videos, how many drinks did you observe the defendant consuming over her time there?
MR. BUKHENIK: The video shows nine drinks being consumed by the defendant, and that's between when she arrives at C.F. McCarthy's until the time she leaves the Waterfall.
MR. LALLY: Is that correct?
MR. BUKHENIK: That is correct.
MR. LALLY: And if I could turn your attention to the Ring videos from One Meadows Avenue, Mr. O'Keefe's residence — from the videos that you observed, let me ask you first: do you know how those cameras work as far as when they turn on and when they turn off?
MR. BUKHENIK: My understanding is that Ring surveillance video is triggered to be recorded through motion. So if the camera detects motion — which is constantly live monitoring — and motion is detected, then that video is captured to a cloud-based system that retains that footage.
MR. LALLY: And from your review of those videos, what kind of motion would set those off — what kind of things would be recorded?
MR. BUKHENIK: From the driveway camera, activity in the driveway such as a person walking through, a bird landing, a vehicle pulling in, individuals moving around in the driveway, and so forth.
MR. LALLY: And the search warrant that was applied for was for any and all videos between January 24th and January 30th, correct?
MR. BUKHENIK: For one of the search warrants, that's correct, yes.
MR. LALLY: And with respect to that time frame, what if any activity — based on information that you had received — was not available, or was not shown on Ring video?
MR. BUKHENIK: The data returned had video that would have been captured from the defendant arriving home after midnight on the 29th, after she dropped Mr. O'Keefe off at 34 Fairview Road. That video was not present in the data that was returned from Ring.
MR. LALLY: What if any other video, in addition to that one, was not present?
MR. BUKHENIK: There was also video missing of the defendant showing Miss McCabe and Miss Roberts the damage to her right rear tail light.
MR. LALLY: And what if any followup — what if any inquiry was then done with regard to Ring, as far as those types of videos, or deletion, or how those videos could not be present? Let me ask first — was there followup with Ring in regards to those videos?
MR. BUKHENIK: Yes, there was.
MR. LALLY: And was there ever anything produced with regard to those videos or those time frames from Ring?
MR. BUKHENIK: No, there was not.
MR. LALLY: If I could turn your attention — subsequently, later on — what if anything did you request, and what if anything did you receive from the Dighton Police in regards to January 29th, 2022?
MR. BUKHENIK: I communicated with the Dighton Police Department, requesting documentation from their officers — calls for service at our request — and log notes, logs from their dispatching center, as well as any reports that would document their activity, if such reports existed.
MR. LALLY: And what if any information did you receive in relation to that?
MR. BUKHENIK: I received a log note, or log printout, from their CAD system, and I received a report authored by Officer Barros.
MR. LALLY: And did you also receive any 911 calls?
MR. BUKHENIK: Yes.
MR. LALLY: And who was the party — the 911 caller — in regard to those 911 calls that you received?
MR. BUKHENIK: It was Mr. Read.
MR. LALLY: And again, just for clarity purposes, that's the defendant's father, is that correct?
MR. BUKHENIK: That is correct.
MR. LALLY: And that's from the morning of January 29th, is that also correct?
MR. BUKHENIK: Correct.
MR. LALLY: Now, sir, if I could turn your attention to February 3rd, 2022 — at some point that morning, where did you go during the morning hours of February 3rd?
MR. BUKHENIK: We planned to meet at 34 Fairview Road. Myself, Trooper Proctor, and Trooper DiCicco arrived at that location in order to conduct a secondary search of the area, as the temperatures were turning and the snow was melting naturally. We decided to do another search for articles that we realized and learned were missing and could be of evidentiary value and aid in the investigation.
MR. LALLY: And with respect to going to 34 Fairview Road, what if any tools — what if anything did you bring with you, you and the other Troopers, in regard to conducting that secondary search?
MR. BUKHENIK: I requested that the Troopers bring shovels, rakes, anything like gardening items that would help them to dig through the snow and locate any missing items.
MR. LALLY: And as far as the temperature change that you're talking about — how precipitous a change are we talking about?
MR. BUKHENIK: The temperatures went above freezing, so the snow did begin to melt, and it was significantly warmer compared to the 18 degrees on the night of the incident.
MR. LALLY: Now, you mentioned items of evidentiary value that you had learned of and were looking for — what if any clothing items were you looking for specifically on February 3rd?
MR. BUKHENIK: We were specifically looking for Mr. O'Keefe's baseball cap.
MR. LALLY: And in addition to yourself, Trooper Proctor, and Trooper DiCicco — did you notify anyone else, and who if anyone from any other unit within the State Police responded that day as well?
MR. BUKHENIK: We requested the assistance of the Crime Scene Services Section of the Massachusetts State Police, and Trooper Evan Brent showed up to assist us with documentation of the location and the evidence that we were hopefully going to find.
MR. LALLY: And Trooper Brent arrived and took photographs, is that correct?
MR. BUKHENIK: That's correct.
MR. LALLY: And when was it that Trooper Brent arrived in relation to your arrival?
MR. BUKHENIK: I believe he was already present when we pulled up, but I'm not sure of his exact time of arrival.
MR. LALLY: And with regard to that day — in general terms — what if anything were you able to locate, and where was it, generally speaking?
MR. BUKHENIK: We located Mr. O'Keefe's baseball hat. We located a drinking straw from a cocktail glass. We located items of colored plastic and other shards of colored plastic at the location. All those items were located on the grass portion of the yard, near the flagpole at 34 Fairview Road.
MR. LALLY: May I have a moment? Sergeant, I'm going to show you a series of photos, but I'm going to break this up a little bit.
JUDGE CANNONE: So, Mr. Lally — with your back to the jurors and the air conditioning on, I'm sure they can't hear you.
MR. LALLY: My apologies. So, sir, what I'm going to do is I'm going to show you some photographs — a series of them — but I'm going to break them up a little bit just to make it quicker, hopefully. So first I'm going to show you 10 photographs and ask if you could view those and look up when you're finished. Thank you. Do you recognize those, sir?
MR. BUKHENIK: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MR. BUKHENIK: Those are photographs documenting the items located at 34 Fairview Road on the grass, as the snow receded through the melting temperatures, that were revealed to be positioned in the grass.
MR. LALLY: And what's contained in those photographs — is that a fair and accurate portrayal of what you observed on the front lawn area of 34 Fairview Road on February 3rd?
MR. BUKHENIK: Yes, it is.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. Any objection, Mr. Jackson?
MR. JACKSON: No.
JUDGE CANNONE: Okay. Transcript ends mid-sentence
MR. LALLY: Thank you, your honor. With the Court's permission, if I could just ask to publish some of these photos?
JUDGE CANNONE: Yes, just one moment. Sure.
MR. LALLY: And Miss Gilman, if I could start with photograph 7659. And Sergeant, you recognize what's up on the screen and what's now been marked as 468?
MR. BUKHENIK: I do.
MR. LALLY: And if you could just, for orientation purposes, describe to the jury whereabouts on Fairview Road we are in this picture.
MR. BUKHENIK: As standing on the street of Fairview Road, we're looking at the left side of the yard. In the right — top right corner — you can tell that there is a flag pole depicted in that photograph, and a telephone switch box that's open in the left side, which is on the border of 34 Fairview Road.
MR. LALLY: If I can ask — from this photograph, if you know — the grass visible on the front lawn area of 34 Fairview Road, is that from a natural melting process, or is that from some of the tools that you and the other troopers brought to the scene in your secondary search?
MR. BUKHENIK: The reason that grass is exposed is due to processing of the scene and having the snow being moved away from the location, and then the natural melting process taking place on top of it. As you can tell, other portions of the yard are covered in snow and the snow had not — the grass has not revealed itself just yet.
MR. LALLY: Now, as far as the photographs of various items that were located on this date of February 3rd — the photographs that were taken, were they taken as they lay, or were they touched or manipulated in any way prior to the photograph?
MR. BUKHENIK: The items photographed were discovered — as soon as we realized what is being discovered through the digging and excavation process, they were then photographed instantly. Certain items were revealed naturally through the melting process and the snow no longer concealing those items underneath.
MR. LALLY: Thank you. Photograph 7666. Again sir, do you recognize what's up on the screen and has now been marked as exhibit 470?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize that to be?
MR. BUKHENIK: That is a clear black and red piece of plastic.
MR. LALLY: And Miss Gilman, if I can have photograph 7669. And Sergeant, you recognize what's now on the screen as exhibit 473?
MR. BUKHENIK: Yes. That is another piece of plastic.
MR. LALLY: And sort of towards the top of the screen — do you recognize what that is?
MR. BUKHENIK: Yes, that's a fire hydrant from 34 Fairview Road, grass area.
MR. LALLY: Miss Gilman, if I can have the next photograph, 7670. For the record, this is exhibit 474. You recognize that, sir?
MR. BUKHENIK: Yes, sir.
MR. LALLY: Is that a closer-up image of what was depicted in the prior?
MR. BUKHENIK: Yes, it is.
MR. LALLY: Miss Gilman, if I could have photograph 7672. And Sergeant, do you recognize what's up on the screen, which has now been marked as 476?
MR. BUKHENIK: I do.
MR. LALLY: And what do you recognize that to be?
MR. BUKHENIK: Another piece of red tail-light plastic.
MR. LALLY: And lastly from this batch, if I can have photograph 7673. Again sir, do you recognize what's up on the screen depicted, what's now marked as 477?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize that to be?
MR. BUKHENIK: That is the fire hydrant and telephone switch box located on the edge of the property line at 34 Fairview Road.
MR. LALLY: Now, the photographs that I had just placed before you — having had a chance to review those?
MR. BUKHENIK: I have.
MR. LALLY: And do you recognize what's depicted in those photographs?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize those to be?
MR. BUKHENIK: The property at 34 Fairview Road, left corner towards the street, capturing the flag pole and the telephone switch box.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: To introduce and admit next.
JUDGE CANNONE: Okay. For— [garbled exhibit numbers] — thank you.
MR. LALLY: Thank you, your honor. With the Court's permission, if I can publish a few of the photos from this set?
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, blow it out. Photograph 7681. And Sergeant, you recognize what's up on the screen and has now been marked as exhibit 481?
MR. BUKHENIK: I do.
MR. LALLY: If you could describe to the jury what's in this photograph.
MR. BUKHENIK: A red piece of plastic.
JUDGE CANNONE: Can we just — can you use the pointer to show us where that is, please?
MR. BUKHENIK: Yes.
MR. LALLY: All right, thank you. Miss Gilman, 7682. And Sergeant, do you recognize what's depicted on the screen, has now been marked as exhibit 482?
MR. BUKHENIK: I do.
JUDGE CANNONE: You know, I'm going to see counsel at sidebar for just a little.
PARENTHETICAL: [pause]
JUDGE CANNONE: unmuted audio
MR. LALLY: I'm sorry. Miss Gilman, 7682. Sergeant, you recognize what's up on the screen — is 482?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize that to be?
MR. BUKHENIK: A red piece of plastic.
MR. LALLY: Is that the same piece of plastic that's the close-up image from the prior exhibit?
MR. BUKHENIK: Yes, it is.
MR. LALLY: And Miss Gilman, if I could have photograph 7684. Sergeant, you recognize what's up on the screen and is now marked as exhibit 484?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize that to be?
MR. BUKHENIK: A white clear piece of plastic, a red piece of plastic.
MR. LALLY: And lastly from this, sir, if I — 7687. So again, you recognize what's up on the screen? It's now been marked as exhibit 487?
MR. BUKHENIK: I do.
MR. LALLY: Now Sergeant, with reference to the photos before you, have you had a chance to review that set of 10 as well?
MR. BUKHENIK: Not this one yet.
MR. LALLY: Not yet. If you could, please. And Sergeant, do you recognize what's depicted in those photographs?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize those to be?
MR. BUKHENIK: Items that were located in the street — being the black cocktail drinking straw, and then black pieces of plastic, molding plastic, and clear pieces, and molding from tail light.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm seeking to introduce and admit next.
MR. JACKSON: No objection, your honor.
MR. LALLY: Thank you, thank you, your honor. With the Court's permission, if I could display some of these photographs?
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have 76—. And Sergeant, you recognize what's up on the screen?
MR. BUKHENIK: I do.
MR. LALLY: What do you recognize it to be?
MR. BUKHENIK: It's the wide shot of the drinking straw being found on the edge of the roadway in front of 34 Fairview Road.
MR. LALLY: Sergeant, if you could, using the laser pointer before you, direct the jury's attention to where you observe that straw. And Miss Gilman, blow it out — 7689. Sergeant, what are we looking at in this photograph?
MR. BUKHENIK: It's a close-up view of the same straw.
MR. LALLY: Miss Gilman, if I could have 7692. Sergeant, you recognize what's up on the screen and has now been marked as exhibit 492?
MR. BUKHENIK: I do.
MR. LALLY: And what are we looking at at 492?
MR. BUKHENIK: Piece of plastic next to a measuring ruler that's provided for comparison by the crime scene photographer to document the item.
MR. LALLY: And Miss Gilman, if I could have 7695. For the record, this is now exhibit 494. Sergeant, what are we looking at in 494?
MR. BUKHENIK: It's the same item from just prior, just zoomed in more, showing the detail — the black molding, the clear white, clear plastic, and red plastic.
MR. LALLY: Sergeant, as far as those photographs before you, have you had a chance to review those?
MR. BUKHENIK: Yes, I have.
MR. LALLY: And do you recognize what those are?
MR. BUKHENIK: Yes, I do.
MR. LALLY: What do you recognize those to be?
MR. BUKHENIK: They're pieces of red plastic, pieces of clear plastic, and a piece of glass.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm seeking to introduce and admit the next.
MR. JACKSON: No objection.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you, thank you very much, your honor. With the Court's permission, if I could publish just a few of these photographs for the jury as well?
JUDGE CANNONE: Okay.
MR. LALLY: And Miss Gilman, if I could have photograph 7700. For the record, this is now exhibit 498. Sergeant, if you could describe to the jury what we're looking at here.
MR. BUKHENIK: We're looking at a red piece of plastic next to a measuring ruler on the edge of the grass on the property at 34 Fairview Road, by the road.
MR. LALLY: And if you could, sir, using that laser pointer, just direct the jury's attention to where you observe that item to be within this photograph. Miss Gilman, if I can have photograph 7705, and for the record this is exhibit 502. Sergeant, if you could again describe to the jury what if anything of significance you note in there.
MR. BUKHENIK: A shard of red plastic next to a measuring ruler.
MR. LALLY: If I can have photograph 7708. For the record, this is now exhibit 504. Again, Sergeant, if you could using the laser pointer direct the jury's attention to what if anything of significance you note in this area.
MR. BUKHENIK: There is a black piece of plastic molding next to a measuring ruler.
MR. LALLY: And lastly from this set, Miss Gilman — excuse me — photo number 77—. Again, for the record, this is exhibit 508. And again, Sergeant, if you could using the laser pointer direct the jury's attention to what if — anything — a clear piece of plastic next to a measuring ruler — that's found on the grass area as well. Is that correct?
MR. BUKHENIK: That is correct.
MR. LALLY: Now, Sergeant, with reference to that new set of photos before you, have you had a chance to review those?
MR. BUKHENIK: Yes, I have.
MR. LALLY: And do you recognize what's contained within those photographs?
MR. BUKHENIK: Yes, I do.
MR. LALLY: And what do you recognize those photographs to contain?
MR. BUKHENIK: They contain small red pieces of plastic from 34 Fairview Road, on the grass area where we located the others. They also contain a flimsy piece of — circular-like, very malleable — clear plastic. In addition to that —
MR. LALLY: May I —
JUDGE CANNONE: Yes.
MR. LALLY: — introduce — [no objection] — thank you. Thank you. And, your honor, may I publish some of these photos for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Miss Gilman, if I could have photograph 7715. For the record, this is now exhibit 511. Sergeant, direct your attention to the screen. If you could, using that laser pointer, direct the jury's attention to what, if anything of significance, you observe in this.
MR. BUKHENIK: That is the thin, malleable, circular-shaped piece of clear plastic that was located in the lawn area of 34 Fairview Road.
MR. LALLY: Now, lastly, Sergeant, there's that set of photos that I just placed before you — have you had a chance to review those?
MR. BUKHENIK: Yes, I have.
MR. LALLY: And do you recognize what's depicted in those photographs?
MR. BUKHENIK: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MR. BUKHENIK: Those are items recovered in the lawn at 34 Fairview Road. Those items are a shard of glass, a BPD baseball hat with an American flag, and stains of blood.
PARENTHETICAL: [Gap — exhibits being entered into evidence.]
JUDGE CANNONE: [unintelligible — exhibit numbers being read into record.]
MR. LALLY: May I?
JUDGE CANNONE: Yes. [No objection.]
MR. LALLY: Thank you. Your honor, with the court's permission, may I publish some of these photos for the jury as well?
JUDGE CANNONE: Yes.
MR. LALLY: Miss Gilman, if I could have photograph 7727. For the record, this is now exhibit 520. And again, Sergeant, if you could direct the jury's attention to what, if anything of significance, you observe in this photograph.
MR. BUKHENIK: I observe a shard of glass next to a measuring ruler.
MR. LALLY: And Miss Gilman, if I could have 7729. For the record, this is exhibit 522. And again, Sergeant, if you could describe to the jury what we're looking at.
MR. BUKHENIK: It's a larger piece of red plastic with black molding around the edge, located next to the telephone switch box on the grass area at 34 Fairview Road.
MR. LALLY: 7733. For the record, this is exhibit 526. And, Sergeant, from this photograph, what, if anything, are we looking at here?
MR. BUKHENIK: This photograph depicts the area which we were excavating during the morning hours of February 3rd, 2022, as the shovel works its way towards the grass. My laser pointer is directing your attention to Mr. O'Keefe's hat, that was compacted under the snow on the ground.
MR. LALLY: Now, as far as this photograph is concerned, does that accurately depict the depth of the snow that you were digging into and sifting through on the morning of February 3rd?
MR. BUKHENIK: It does. That again is several days after the blizzard of January 29th.
MR. LALLY: Correct?
MR. BUKHENIK: That is correct.
MR. LALLY: And Miss Gilman, if I can have photograph 7740. For the record, this is exhibit 530. And again, Sergeant, if you could describe for the jury what we're looking at here.
MR. BUKHENIK: We're looking at Mr. O'Keefe's hat on the grass, pressed down and compacted to a flat surface, underneath the snow which has been excavated around it.
MR. LALLY: Thank you very much. Miss Gilman, you can take that down. Thank you. Sergeant, on February 3rd, 2022, is that the first time that you had been at 34 Fairview Road?
MR. BUKHENIK: Yes, it is.
MR. LALLY: And with respect, I'd like to turn your attention briefly to the following day of February 4th. Did you have occasion to go back to 34 Fairview Road on that day?
MR. BUKHENIK: Yes, I did.
MR. LALLY: And what brought you to 34 Fairview Road on February 4th?
MR. BUKHENIK: Having excavated those items on the third, I directed the troopers in my office — who obviously reside in the communities around us — to make a point to travel by that location every day on the way to work and every day on the way home. The purpose of that was to see if anything else was to reveal itself as the snow naturally melts away and items could present themselves. So on February 4th, as I am traveling to work, I diverted my typical route of travel to go by 34 Fairview Road. Just prior to my arrival, I received a call stating that there were Canton police representatives at the scene and more items had been revealed due to the melting snow, and that I should come — see, take, you know — collect those items.
MR. BUKHENIK: I was down the street, I arrived, and collected the item that presented itself.
MR. LALLY: And if you recall, that item that you collected on February 4th — was that located on the lawn, on the street, or something else?
MR. BUKHENIK: It was on the lawn.
MR. LALLY: Now, with reference to your collection of these items — either on February 3rd, February 4th, or on any sort of subsequent date — how were they collected, and what exactly did you do with them?
MR. BUKHENIK: In reference to the seizing of the items and storage of the items, each item that was collected was placed in an evidence paper bag. The collection was done by utilizing latex gloves, to prevent any transfer of evidence — from fingerprints to DNA — onto those items. Those items are then transported to our office, logged into the system, and stored in the evidence lockers at the office.
MR. LALLY: And each of those respective bags of items or evidence — they were sealed as well. Is that correct?
MR. BUKHENIK: That's correct.
MR. LALLY: Now, turning your attention to February 10th of 2022 — did you have occasion to go back to 34 Fairview Road on that day as well?
MR. BUKHENIK: I did.
MR. LALLY: And what, if anything, did you observe, or what, if anything, did you seize on that particular — ?
MR. BUKHENIK: We seized more shards of glass and plastic.
MR. LALLY: And if you recall, how many pieces did you seize on that particular day?
PARENTHETICAL: [Pause]
MR. LALLY: Sergeant, is your memory refreshed as to how many items, or what the items were, that you recovered on February 10th?
MR. BUKHENIK: My memory is exhausted as to that, but the exact numbers are annotated on the bags that the items were placed into.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sergeant, I'm showing you documents. Just ask you to look at that section and look up when you're ready.
MR. BUKHENIK: Yes, it is.
MR. LALLY: And what were those items, and how many, sir?
MR. BUKHENIK: There were six items of clear, red, and black plastic, and 14 items of plastic and glass.
MR. LALLY: Now, in addition to the dates that you were present at 34 Fairview Road and recovered items — those being February 3rd, February 4th, and February 10th — were there other dates that you're aware of that items were recovered by troopers that you supervised?
MR. BUKHENIK: Yes.
MR. LALLY: And if you recall, what were those dates?
PARENTHETICAL: [Objection sustained.]
MR. LALLY: Now, as far as the items that were recovered — when you were there on February 3rd, February 4th, and February 10th — did you have occasion to bring those items with you to court today?
MR. BUKHENIK: The dates were January 29th, February 11th, and February 18th.
MR. LALLY: Were there items recovered on February 8th as well?
MR. BUKHENIK: Yes.
MR. LALLY: Now, as far as your direction — or, having — let me first start with you. So on the dates that you were there — February 3rd, 4th, and 10th — were you alone on those dates, or were there other troopers with you?
MR. BUKHENIK: When I was there on the fourth, I was alone as far as state police personnel. There were other Canton law enforcement representatives at the scene with me as I collected that one item. On the other days I was accompanied by other troopers.
MR. LALLY: And as far as you know — obviously not being present, but from your supervision of these troopers — were there other occasions where individuals were at 34 Fairview Road? Were they alone or were they with a group of troopers?
MR. BUKHENIK: Yes, I did.
MR. LALLY: Your honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: So I'm presenting you with the box. Just ask if you recognize that box.
MR. BUKHENIK: I do.
MR. LALLY: And what do you recognize it to be?
MR. BUKHENIK: It's the box storing items logged into evidence as they relate to this case.
MR. LALLY: And, your honor, with the court's permission, may the sergeant open the box?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. Now, first, Sergeant, with regard to the items — as far as plastic and/or glass that you recovered from 34 Fairview Road on February 3rd — if you could locate those items. And, Sergeant, with respect to each of those bags, they contain items of evidentiary value, whether they be plastic or glass. They were recovered on February 3rd. Is that correct?
PARENTHETICAL: [pause — exhibit displayed to jury]
MR. BUKHENIK: That's correct.
MR. LALLY: And I'm sorry, how many bags in total do you have there before you?
MR. BUKHENIK: I have three bags: two containing broken glass and plastic, and a stirring straw, a broken red plastic and clear plastic, and a bag containing one black Boston Police Department hat.
MR. LALLY: Your Honor, I'd ask the Court to introduce and admit into evidence the next three exhibits.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay. No particular order. Thank you.
MR. LALLY: Your Honor, with respect to what's now been marked as Exhibit 537, with the Court's permission, may the sergeant remove that item — the hat — from the bag and display for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you, sir. You can place that back in the bag. Sergeant, from your observations of Mr. O'Keefe on surveillance video from both C.F. McCarthy's and the Waterfall on January 29th, what if any similarities did you observe between the hat just displayed and located on the lawn of 34 Fairview Road, and the hat Mr. O'Keefe is wearing in those videos?
MR. BUKHENIK: It appears to be the same exact hat.
MR. LALLY: Now, Sergeant, with reference to the box of other items, if you could remove what if any items you recovered and seized from 34 Fairview Road on February 4th, and again, sir, just for the record, what is contained within that bag from February 4th?
MR. BUKHENIK: Contained within the bag is a piece of red hard plastic tail light cover.
MR. LALLY: I'd ask the Court to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Thank you. 538.
MR. LALLY: And lastly, Sergeant, with regard to the box, if you could remove the items that you seized from February 10th, 2022, and Sergeant, with respect to those two bags of items, if you could just inform the jury what is contained within those bags.
MR. BUKHENIK: Bag labeled item number 10 contains six pieces of red, black, and clear plastic. Bag labeled number 11 is containing 14 pieces of glass and plastic fragments.
MR. LALLY: Thank you, Sergeant. Your Honor, I'd ask the Court to introduce and admit as the next two exhibits. Any objection, Mr.
MR. JACKSON: Sorry, no, Your Honor.
JUDGE CANNONE: Thank you. I'm sorry — was that 539 and 540?
MR. LALLY: Yes. Thank you, sir. Moving on from that, if I could bring you back just one last time to the Ring videos from 1 Meadow Ave. As far as you had testified earlier, there was no video that you observed of the defendant, McCabe, and Miss Roberts looking at the passenger side tail light area of the vehicle. Correct?
MR. BUKHENIK: That's correct.
MR. LALLY: Was there any video of the defendant, Miss McCabe, and Miss Roberts actually leaving from 1 Meadow Ave on that morning of January 29th?
MR. BUKHENIK: There was not.
MR. LALLY: Now, as far as the videos that were not there — as far as the defendant and Miss Roberts leaving — the next video depicted Mr. Camerano arriving at the residence to pick up Miss Furbush. Correct?
MR. BUKHENIK: Yes, that's correct.
MR. LALLY: And with regard to the missing video of the defendant arriving at 1 Meadow Ave on January 29th sometime after midnight, the video immediately preceding that again would have been Mr. Camerano arriving and picking up his daughter from 1 Meadow Ave sometime around 11:30 p.m. Correct?
MR. BUKHENIK: That's correct.
MR. LALLY: And those videos were both present. Correct?
MR. BUKHENIK: That's correct.
MR. LALLY: If I could bring you back to February 3rd, 2022. On that date, did you have occasion to meet with the gentleman by the name of Brian Higgins?
MR. BUKHENIK: Yes, I did.
MR. LALLY: And when you met with Mr. Higgins, who if anyone from your office was with you?
MR. BUKHENIK: Trooper Mike Proctor was from my office, present during that interview.
MR. LALLY: And during the course of that interview, what if any documentation did Mr. Higgins provide you with?
MR. BUKHENIK: Mr. Higgins provided me with a printout of a Cellebrite extraction containing conversations via text message between him and Mr. John O'Keefe, and between him and the defendant. He also provided a digital copy of the same extraction on a CD.
MR. LALLY: Now, what if anything did you advise Mr. Higgins of at that time, as far as Mr. O'Keefe's phone and the defendant's phone?
MR. BUKHENIK: I advised Mr. Higgins that we were in possession of both of those devices and would have the extraction and accurate documentation of those conversations.
MR. LALLY: And did he seem to understand that when you told him?
MR. BUKHENIK: Yes, he understood it.
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. Strike that, folks.
MR. LALLY: Now, also on February 3rd, at some point did you have occasion to go inside of 34 Fairview Road?
MR. BUKHENIK: Yes, I did.
MR. LALLY: And who if anyone did you interview inside of 34 Fairview Road on that date?
MR. BUKHENIK: I interviewed Mrs. Albert — that would be — just for the record, Nicole Albert. Is that correct?
MR. LALLY: That's correct. And who if anyone was present with you during that interview?
MR. BUKHENIK: It was Trooper Mike Proctor that was present with me.
MR. LALLY: Anybody else from the Albert family present in the home, or present during the course of that interview?
MR. BUKHENIK: Mr. Brian Albert was also present. I don't know who else exactly was present in the home. I just know that those two residents were in the room with us.
MR. LALLY: And where was Brian Albert at the time that you conducted the interview of Nicole?
MR. BUKHENIK: In the room with us, seated next to her.
MR. LALLY: Now, I'm going to ask you just a little bit about the interview process, as far as the interviews that you conducted in this case. If you could describe for the jury, starting with how many people from your unit are present for a given interview, and how those interviews are conducted.
MR. BUKHENIK: We conduct interviews always in pairs. I think I mentioned it yesterday. Typically during a regular investigation into a homicide or any death investigation, we pair up our Troopers with a local detective. In this instance, since Canton had recused themselves from the interview portion of the investigation, they were not going to provide manpower for those interviews to be conducted. Thus, we had to utilize only Troopers from our office in order to conduct those interviews.
MR. LALLY: And typically — obviously not perfect — but as far as the interviews that you were present for, about how long a period of time, generally speaking, were the interviews that you conducted in this case?
MR. BUKHENIK: From my experience, I've learned that to fully communicate a course of recollection of events that an individual observes, experiences, or is aware of, and understand every detail of that experience, it would take approximately 45 minutes at a minimum to conduct a full interview with a witness in detail.
MR. LALLY: Now, sir, if I could turn your attention to June 9th of 2022. On that date, at some point, did you have occasion to meet with the defendant?
MR. BUKHENIK: Yes, I did.
MR. LALLY: And at some point during that meeting, did you have a conversation with the defendant?
MR. BUKHENIK: Yes, I did.
MR. LALLY: And was that conversation, or at least portions of it, memorialized in any way?
MR. BUKHENIK: Yes, it was.
JUDGE CANNONE: You may approach.
MR. LALLY: I'm showing you a disc — to the best of your knowledge, does that contain an audio recording of a portion of your conversation with Miss Read on June 9th, 2022?
MR. BUKHENIK: Yes, it does.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. All right. No objection, Mr. Jackson?
MR. JACKSON: [No objection.]
JUDGE CANNONE: All right, folks, before we play this, please be mindful of the instruction from yesterday. You're about to hear statements allegedly made by the defendant, allegedly concerning the crimes with which she's charged in this case. Before you can consider any such statement as evidence, the Commonwealth must prove to you beyond a reasonable doubt that the defendant made the statement she's alleged to have made, and that she made it voluntarily, freely, and rationally. In determining whether the statement made by the defendant was voluntary or not, you may consider all the surrounding circumstances.
JUDGE CANNONE: These include when and where the statement was made, the nature of any conversations with the police or any questioning by the police, the defendant's physical and mental condition, including her intelligence, age, education, experience, and personality. Your decision does not turn upon any one factor, and you must consider the totality of the surrounding circumstances.
MR. LALLY: With the Court's permission, may we publish that for the jury at this time?
JUDGE CANNONE: Yes. Do you want to turn off the air conditioning? Is this very short?
MR. LALLY: It is very short.
JUDGE CANNONE: And if we could, please — yes.
MR. LALLY: And this is just audio. audio recording plays Correct. We're all on the same page, right? My tail light? Correct. And [unintelligible] — thank — Sergeant, on hearing that statement from the defendant, what was your reaction?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: On hearing that statement, what if anything did you do?
MR. BUKHENIK: I advised the defendant not to speak further.
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow that.
MR. LALLY: Now, at some point over the course of your investigation, were you made aware of forensic findings relating to the defendant's tail light?
MR. BUKHENIK: Yes, I was.
MR. LALLY: And specifically DNA findings?
MR. BUKHENIK: Yes.
MR. LALLY: And specifically that there were —
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. technical aside — microphone/equipment
MR. LALLY: So, Sergeant Bukhenik, on January 16th, 2024, at some point in that day, did you meet with Sergeant Gallerani of the nm Police Department?
MR. BUKHENIK: I did.
MR. LALLY: And who if anyone else — well, let me ask you this: as far as any other troopers from your office, who if anyone else was there with yourself and Sergeant Gallerani?
MR. BUKHENIK: Trooper Mike Proctor.
MR. LALLY: And what was the purpose of your meeting with Sergeant Gallerani that morning?
MR. BUKHENIK: Collection of our DNA.
MR. LALLY: And was that something that you did voluntarily?
MR. BUKHENIK: Yes.
MR. LALLY: And how was it that the sergeant collected your DNA?
MR. BUKHENIK: Through a buccal swab.
MR. LALLY: And were you present when Trooper Proctor submitted to a buccal swab as well?
MR. BUKHENIK: Yes, I was.
MR. LALLY: And then as far as the swabs that were taken from both yourself and Trooper Proctor — were those logged into evidence by you, or did Sergeant Gallerani take them with him when he left?
MR. BUKHENIK: Sergeant Gallerani took them with him when he left.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: My apologies — wrong [exhibit]. That's okay. Thank you very much, Sergeant. I have no further questions.