Day 22 - June 10, 2024

Judge Beverly J. Cannone · Trial 1 · 7 proceedings · 1,909 utterances

Day 22 of 35

Appearing:

Bukhenik's testimony concludes under sustained attack on the sallyport video evidence, then Trooper Proctor — the lead investigator — takes the stand and is immediately confronted with his own derogatory texts about the defendant.

Full day summary

Day 22 opened with pretrial motions over defense expert disclosure under Rule 14, resulting in Judge Cannone ordering immediate production of expert opinions and scheduling voir dire for Dr. Russell and the ARCCA witnesses. Jackson completed his cross of Sergeant Bukhenik by pressing two damaging points: the prosecution had presented a mirror-inverted sallyport video for two days without disclosure, and the only camera covering the right rear taillight had a 42-minute gap during the critical custody window — footage that came from the conflicted, recused Canton Police Department. Dighton Sergeant Nicholas Barros testified briefly about observing partial taillight damage before the vehicle was seized, with cross waived. The day's most significant development came when Trooper Michael Proctor — the lead investigator whose work underlies the entire prosecution case — took the stand. ADA Lally preemptively walked through Proctor's crude personal texts calling Read a 'whack job' and expressing anticipation of her arrest. Jackson then opened cross-examination by forcing Proctor to read his own words aloud, including messages to supervisors describing his search of Read's phone for nude photos and expressing hatred toward defense attorney Yannetti, framing the entire investigation as the product of a biased officer who picked a suspect and built a case around that choice.

Key Moments

Defense introduces Exhibit 542, a corrected sallyport video revealing the prosecution's version was mirror-inverted, showing the wrong side of the vehicle.
Jackson establishes a 42-minute gap in the only camera angle covering the right rear taillight, during the period when the vehicle was in police custody — footage sourced from the recused Canton PD.
Bukhenik's recross reveals his own OCME report described a glass injury to O'Keefe's face, not the back of the head, and that the 'I hit him' statement traces to a single undocumented relay through Sergeant Goode.
Trooper Proctor takes the stand as lead investigator, with Lally preemptively introducing texts in which Proctor called Read a 'whack job' and wrote 'waiting to lock this whack job up' on the day of her arrest.
Jackson opens cross of Proctor by forcing him to read aloud his messages to supervisors — including 'no nudes so far' and 'I hate that man' about Yannetti — and confronts him with his oath of impartial duty.

Notable Quotes

Alan Jackson

“This video, Sergeant — you will agree — if that 42-minute period existed, that would have been the only video that would establish the actual condition of the tail light the moment the SUV arrived in police custody in that sallyport.”

Jackson crystallizes the evidentiary consequence of the 42-minute sallyport gap — without that footage, there is no video record of the taillight's actual condition when the vehicle entered police custody.

Michael Proctor

“Waiting to lock this whack job up.”

Proctor's text to his wife on the day of Read's arrest — written before testimony was complete — becomes the defense's central exhibit for the argument that the investigation began with a predetermined conclusion.

Alan Jackson

“In other words, Trooper Proctor, you don't get to pick a suspect and then try to find evidence to support your choice, right?”

Jackson's closing question to Proctor states the defense's thesis for the entire case: that the investigation was built backward from a chosen suspect rather than forward from impartial evidence.

Procedural

Procedural - Motions

63 utt.

The Commonwealth, argued by ADA McLaughlin, sought reciprocal discovery under Rule 14 and moved to exclude defense expert Dr. Marie Russell, citing late disclosure and bad faith. McLaughlin argued the defense had not provided expert opinions, reports, or materials for any of its experts despite being ordered to do so weeks earlier. Attorney Yannetti responded by disputing the Commonwealth's characterization of a February 15th hearing exchange about canine DNA, calling it false. Judge Cannone directed the parties to focus on Rule 14 compliance, ordered the defense to provide Mr. Vani's chronological data and opinions by close of business the next day, and scheduled voir dire hearings for Dr. Russell and the ARCCA witnesses (Dr. Rentschler and Dr. Wolfe) during the week. The court then addressed the jury with scheduling updates and standard admonitions.

Cross

Yuri Bukhenik Alan Jackson

261 utt.

Attorney Alan Jackson continued his cross-examination of Sergeant Bukhenik focused on two sallyport surveillance videos from Canton PD. Jackson established that the video shown during direct examination was mirror-inverted — a fact neither Bukhenik nor prosecutor Lally disclosed during two days of direct testimony. The defense introduced a corrected version (Exhibit 542) showing the proper orientation, revealing the camera actually showed the driver's side, not the passenger side with the damaged taillight. Jackson then turned to the second camera on the opposite wall — the only angle showing the right rear taillight — and demonstrated a 42-minute gap from approximately 5:08 to 5:50 p.m., covering the entire period when the SUV was in police custody and someone identified as Trooper Proctor was seen near the vehicle. Bukhenik repeatedly insisted the footage was 'not missing, just not recorded,' while acknowledging he had no knowledge of the video system's storage capacity or technical workings.

Redirect

Yuri Bukhenik Adam Lally

87 utt.

ADA Lally addressed two issues raised during cross-examination. First, he established that the sallyport video was played in the same condition it was received from Canton Police — unaltered — and that the mirror-inversion was how it arrived, not a prosecution manipulation. The full video was replayed for the jury, and Bukhenik confirmed its content accurately depicted sallyport activity regardless of orientation. Lally walked through a timeline establishing that the sallyport footage at 5:30 p.m. post-dated every other key video event that day. Second, Lally addressed Bukhenik's early report to the Chief Medical Examiner's office characterizing the case as a possible domestic assault, eliciting testimony that the report was based solely on Karen Read's statement to first responders ('I hit him') and a broken glass collected by Canton PD — before Bukhenik had seen O'Keefe's injuries. After viewing the injuries at Good Samaritan Hospital, Bukhenik concluded the glass was likely not the weapon that caused the head injury.

Recross

Yuri Bukhenik Alan Jackson

48 utt.

Attorney Alan Jackson conducted a focused recross on three points. First, he had Bukhenik confirm that his report to the OCME described a glass injury to the victim's face, not the back of the head — contradicting the prosecution's theory about the nature of O'Keefe's injuries. Second, Jackson established that the only source for Karen Read's alleged statement 'I hit him' was Sergeant Goode, that EMT Flatley never told Bukhenik this, and that no written report memorialized Goode relaying the statement before 10:41 a.m. Third, Jackson turned to the sallyport video, establishing that Bukhenik did not retrieve or secure it, did not know who did, and that it ultimately came from the Canton Police Department — the same department that had recused itself from the investigation due to conflicts of interest. The judge sustained objections when Jackson tried to specify the reason for Canton PD's recusal.

Direct

Nicholas Barros Adam Lally

123 utt.

Sergeant Nicholas Barros of the Dighton Police Department testifies about his involvement on January 29, 2022, when he was contacted by Trooper Michael Proctor to assist with retrieving a vehicle from the Read residence at 345 Country Hill Drive. Barros explains that a 911 call earlier that morning from the same address had requested a ride to Brockton Hospital due to a boyfriend passing away. He describes arriving to find about a foot of untouched snow in the driveway, observing a black Lexus SUV, and noting damage to the right rear tail light — cracked with a piece missing but not completely destroyed — along with a dent on the rear quarter panel. Barros arranged for the highway superintendent to plow the driveway and for Diamond Towing to respond, and states he did not see anyone touch or manipulate the damaged area of the vehicle.

+1 procedural segment

Direct

Michael Proctor Adam Lally

1119 utt.

ADA Lally walks Trooper Proctor through his role as case officer from the initial call on January 29, 2022, through months of evidence recovery. Proctor describes learning of O'Keefe's injuries, interviewing witnesses at the McCabe home, viewing O'Keefe's body at Good Samaritan Hospital, seizing Karen Read's vehicle and phone in Dighton, and recovering taillight fragments at 34 Fairview Road over multiple dates as snow melted. He details the search warrant execution on Read's Lexus, the Ring doorbell video showing Read's car near O'Keefe's vehicle, and his disclosure to supervisors about knowing the Albert family through his sister. Lally then walks Proctor through excerpts of his personal text messages — to friends, his sister, his wife, and fellow troopers — containing vulgar and derogatory comments about Karen Read, which Proctor acknowledges as unprofessional and regrettable while maintaining they had no impact on the investigation.

Cross

Michael Proctor Alan Jackson

203 utt.

Defense attorney Alan Jackson cross-examines Trooper Michael Proctor about text messages sent to five fellow troopers — including two supervisors — on August 17, 2022, while Proctor was reviewing Karen Read's cell phone under warrant. Jackson establishes that Proctor referred to Read as his colleague's "retarded client," told the group "no nudes so far" while searching her phone, and expressed hatred toward defense attorney Yannetti. Jackson highlights that supervisor Bukhenik "liked" the derogatory message rather than reprimanding Proctor. The examination culminates with Proctor agreeing to foundational principles of impartial investigation and acknowledging his oath to faithfully and impartially discharge his duties, before Jackson accuses him of picking a suspect and building a case around that choice.

◀ Day 21 Trial 1 Day 23 ▶

Day 22 - June 10, 2024

Procedural - Motions

Yuri Bukhenik - Cross/Redirect/Recross

Nicholas Barros - Direct

Michael Proctor - Direct

Michael Proctor - Cross (Part 1)