Trial 1 Trial Day
◀ Day 21 Trial 1 Day 23 ▶

Day 22 - June 10, 2024

Expert Disclosure Rulings, Sally Port Video Testimony, and Proctor's Text Messages

7Proceedings
5Pages
3Witnesses
2,977Lines
17 sidebars
Day 22 of 35
Appearing:

The court addressed defense expert disclosures as Bukhenik testified about the sally port video, Barros described the Lexus, and Proctor acknowledged unprofessional texts.

Full day summary

The court required additional defense expert disclosures, found the ARCCA materials insufficient to define proposed expert testimony, and ordered voir dire before the experts could testify. Sergeant Yuriy Bukhenik testified about the mirrored sally port video, its motion-triggered gaps, and the source of the inverted version shown to the jury. Dighton Sergeant Nicholas Barros described the Lexus's cracked right-rear taillight when police retrieved it. Trooper Michael Proctor described the investigation and evidence collection, acknowledged derogatory personal texts about Karen Read as unprofessional and regrettable, and denied that they affected the investigation.

Rule 14 Discovery Dispute Over Defense Experts

The judge found the ARCCA report insufficient to establish the witnesses' proposed testimony, stated that the defense had not complied with Rule 14 obligations, and directed that voir dire be held before testimony; the court also sought to schedule Dr. Russell and the other experts for hearings that week.

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Yuriy Bukhenik Cross-Examination on Sally Port Video

Bukhenik testified that the video previously shown was mirrored, while maintaining that it accurately depicted the activity recorded.

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Nicholas Barros - Direct

Barros testified that the Lexus's right rear taillight was cracked with a piece missing, rather than completely damaged, and that he saw a dent near that area.

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Michael Proctor - Direct Examination

Proctor read derogatory personal texts about Read, called them unprofessional and regrettable, and testified that they did not affect the facts, evidence, or integrity of his investigation.

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Michael Proctor Cross-Examination: Text Messages and Impartiality

Proctor agreed that investigations must be impartial and free of bias, then denied that he chose Read first and sought evidence to support that choice.

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Beverly J. Cannone
“It leaves a lot of questions, as the gatekeeper, as to what they can testify to. And you have not complied with your Rule 14 obligations.”
The judge explained why the expert disclosures required further scrutiny before the witnesses could testify.
Michael Proctor
“The rest of the unprofessional and regrettable comments are something I'm not proud of, and I shouldn't have wrote in the private or any type of setting.”
Proctor acknowledged the impropriety of comments in his personal messages about Read.
Video thumbnail for Day 22 — Bukhenik (cont), Barros, Proctor 7h 30m
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1. Procedural — Motions

Before the jury entered, the court ordered additional expert-discovery disclosure and directed voir dire of the proposed defense experts before testimony.

Procedural
Rule 14 Discovery Dispute Over Defense Experts
93 lines

On Day 22, the court heard the Commonwealth's renewed request for reciprocal discovery and motion to exclude Dr. Marie Russell. The Commonwealth argued that the defense's expert disclosures were late and insufficient; the defense disputed that characterization and argued it had supplied what it could. The judge ordered additional disclosure concerning Chris Van Ne's data and opinions by the next business day, found the ARCCA materials insufficient to define the proposed testimony, and directed that voir dire be held for the proposed experts before they testified. The court also asked counsel to arrange for Dr. Russell and the other experts to be available that week, while informing jurors that a separate hearing would be scheduled.

2. Yuri Bukhenik — Cross/Redirect/Recross

Sergeant Yuriy Bukhenik faced further questioning about the sally port video, his medical examiner report, and early statements attributed to Karen Read.

Cross
Yuri Bukhenik Alan Jackson
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Jackson cross-examined Sergeant Yuriy Bukhenik about the Canton Police sally port video, including his earlier identification of people shown, the fact that the version previously displayed was mirrored, and motion-triggered gaps in recorded footage. The parties stipulated to the video's timestamps and five-minute, 51-second runtime. The court admitted Exhibit 542, an inverted version of the video, which Bukhenik agreed corrected the perspective; he also said he did not know all the recording system's inner workings and agreed the questioned interval was not on the screen.

3 sidebars inside this proceeding
  1. Video Timestamp and Runtime Stipulation Counsel discussed the video’s start and end times and its five-minute, 51-second runtime, while the judge declined to have the witness perform a demonstration.
  2. Witness Viewing of Video The judge confirmed that the witness could view the video after counsel agreed to that approach.
  3. Video Versions and Proctor Texts Counsel discussed an inverted video version, exhibit XX, and proposed text-message material for Trooper Proctor’s cross-examination, including materials involving Detective Albert.
Redirect
Yuri Bukhenik Adam Lally
135 lines

Bukhenik testified that the sally port video accurately depicted activity despite being shown as a mirror image, and he denied that he or Trooper Proctor handled the defendant's rear passenger-side taillight area. He explained that his initial report to the medical examiner reflected information then available from first responders and collected evidence. After an objection, he stated that glass was most likely not the object used to cause the injury to the back of Mr. O'Keefe's head. At sidebar, the court barred a proposed question about the defendant's earlier taillight statements as outside the scope of cross-examination.

1 sidebar inside this proceeding
  1. Redirect Question on Taillight Counsel disputed whether a redirect question about the taillight was within scope after cross-examination, and the judge did not allow the question while permitting argument.
Recross
Yuri Bukhenik Alan Jackson
60 lines

Jackson questioned Sergeant Yuriy Bukhenik about his OCME report, the source and documentation of reported statements attributed to Read, and the inverted sally port video. Bukhenik said the OCME report described a possibility that the decedent was struck in the face with a glass; he did not believe a single report memorialized an early account from Sergeant Goode that Read said she hit O'Keefe. He said he did not secure the video or know who did, but that it came from the Canton Police Department. The court sustained objections to questions about whether the department's recusal was based on a connection to the Albert family.

3. Nicholas Barros — Direct

Dighton Police Sergeant Nicholas Barros described helping retrieve a black Lexus SUV from the Read residence and observing damage to its right rear taillight.

Direct
Nicholas Barros Adam Lally
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Dighton Police Sergeant Nicholas Barros testified that state troopers contacted him on January 29, 2022, for assistance retrieving a vehicle from the Read residence at 345 Country Hill Drive. He described arranging a plow and Diamond Towing because snow blocked the driveway, observing a black Lexus SUV, and seeing a cracked right rear taillight with a piece missing and a nearby dent. He said he did not see anyone touch or manipulate that rear passenger-side area while he was there.

Cross Waived
Nicholas Barros - Cross Waived Adam Lally
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4. Michael Proctor — Direct

Trooper Michael Proctor described the early investigation, evidence collection, and damage to Karen Read’s Lexus, then acknowledged unprofessional and regrettable texts about Read.

Direct
Michael Proctor Adam Lally
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Trooper Michael Proctor described the investigation from the initial call through evidence collection, the seizure and storage of Karen Read's Lexus and phone, searches at 34 Fairview Road, and review of Ring video. He testified that he saw substantial damage to the Lexus's right-rear taillight and described recovered footwear, plastic, and glass. The court limited testimony concerning video interpretation and struck a partial answer about whether missing Ring video would leave a digital footprint. Proctor also acknowledged derogatory texts about Read as unprofessional and regrettable, while maintaining they did not affect the investigation.

9 sidebars inside this proceeding
  1. Shoe Search Investigation Testimony The defense objected to testimony about pedestrians being thrown from shoes in crashes, and the judge allowed it as relating to investigative steps.
  2. Laser Pointer Vehicle Contact The defense objected to a witness using a laser pointer to identify a vehicle-contact area shown on video, and the judge prohibited further questioning on that point.
  3. Instruction on Stricken Testimony Counsel discussed struck testimony concerning "deleted videos" and whether further clarification was needed; the judge chose a general instruction not to consider stricken material.
  4. Review of Bias Text Messages The defense objected to the Commonwealth’s planned use of text messages concerning bias, and the judge requested copies to review during a jury break.
  5. Relevance Objection to Text Evidence The judge overruled the defense relevance objection to the Commonwealth’s proposed evidence and allowed counsel to state the objection for the record.
  6. Text Messages on Direct The defense renewed its objection to the Commonwealth presenting text messages on direct examination, and the judge overruled it before discussing expert scheduling.
  7. Expert Voir Dire Scheduling The defense asked to conduct expert voir dire and possible testimony before its case to avoid repeated travel costs, and the judge said she would consider it.
  8. Unused Text-Message Set The parties discussed a text-message set that the defense did not intend to use, and the Commonwealth agreed to move on from it.
  9. Text Message Page Review The parties reviewed proposed text-message excerpts; the judge allowed one communication but excluded three lines from page 2646 during the Commonwealth’s case in chief.
sidebar
Scheduling Phone Check
8 lines

The judge and defense counsel briefly addressed scheduling, and the judge directed counsel to retrieve his phone to check availability.

sidebar
Expert and Witness Scheduling
69 lines

The court coordinated witness and expert availability, planning to continue the Commonwealth’s case and reserve possible time for a medical doctor and other experts.

Procedural
Procedural
2 lines

5. Michael Proctor — Cross (Part 1)

Michael Proctor acknowledged derogatory and unprofessional messages about Karen Read and Mr. Yanetti, then denied that bias influenced the investigation or its physical evidence.

Cross
Michael Proctor Alan Jackson
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Proctor acknowledged using derogatory and unprofessional language about Karen Read while reviewing her phone and about Mr. Yanetti. After a sidebar concerning the text-message extraction and redaction of “confidential” from the pages, the court marked Exhibit 567 over the Commonwealth's objection. Proctor agreed that investigations must be impartial and free of bias, denied selecting Read first and seeking evidence to support that choice, and maintained that his messages did not affect the integrity or physical evidence in the case.

1 sidebar inside this proceeding
  1. Full Text Packet Admission The defense sought to admit a full text-message packet rather than selected excerpts, and the judge allowed this packet with "confidential" redacted while reserving other packets.
sidebar
Upcoming Witness Schedule
77 lines

The court discussed anticipated examination times and the upcoming witness order, requested Trooper Paul’s report in advance, and set the next session for Wednesday.

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