Day 22 - June 10, 2024

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

Day 22 of 35

Appearing:

Bukhenik's testimony concludes with questions about sallyport video and evidence handling; Barros describes the Lexus before towing, and Proctor begins testimony about the investigation and his derogatory texts.

Full day summary

Day 22 opened with pretrial motions over defense-expert disclosure under Rule 14. Judge Cannone ordered production of specified expert material and scheduled voir dire for Dr. Russell and the ARCCA witnesses. Jackson then completed cross-examination of Sergeant Bukhenik, questioning the inverted sallyport video, a 42-minute gap in one camera angle spanning time before the SUV arrived and its initial custody interval, and Canton Police involvement. Bukhenik said the video came from Canton Police and that he had been advised the department had recused itself from interviews. Dighton Sergeant Nicholas Barros described partial right-rear taillight damage before the vehicle was seized; the defense asked no cross-examination questions. Trooper Michael Proctor then began direct examination, describing investigative steps and reading personal texts containing derogatory language about Read. He called the comments unprofessional and maintained that they did not affect the investigation. On cross, Jackson questioned Proctor about those messages and argued that they showed bias; Proctor agreed with general principles of impartial investigation and denied that he had selected Read as a suspect and then built evidence around that choice.

Key Moments

The defense introduced Exhibit 542 and questioned Bukhenik about the sallyport video's inverted presentation and which side of the vehicle appeared on screen.
Jackson establishes a 42-minute gap in a camera angle covering the right rear taillight; the gap spans time before the vehicle arrived and its initial custody interval. Bukhenik testified that the video came from Canton Police and that he had been advised the department had recused itself from interviews; the court sustained an objection to the proposed reason for that recusal.
Bukhenik testified that his OCME report recorded a possibility that O'Keefe was struck in the face with a glass; on redirect, he said that after viewing the injuries, he believed glass was likely not the weapon used on the back of O'Keefe's head. He said the 'I hit him' information came from first responders through Sergeant Goode and did not believe it was memorialized in a report before 10:41 a.m.
Trooper Proctor began direct examination as case officer, and Lally elicited texts in which Proctor used derogatory language about Read and wrote 'waiting to lock this whack job up'; Proctor said the latter referred to her arrest after indictment.
On cross, Jackson had Proctor read messages including 'no nudes so far' and 'I hate that man' about Yannetti, then questioned him about impartial-investigation principles and his oath.

Notable Quotes

Yuri Bukhenik

“That is the video that captures that time frame.”

After the court directed Jackson to rephrase, Bukhenik said this video captured that time frame and agreed it captured the SUV's right-rear area.

Michael Proctor

“Waiting to lock this whack job up.”

On direct, Proctor read his own June 9, 2022, 4:56 p.m. text to his wife and said it referred to Read's arrest after a grand-jury indictment; the defense later used Proctor's texts to argue bias.

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 asked whether an investigator may select a suspect and then seek supporting evidence; Proctor agreed with the general principle and immediately denied doing so in this case.

Watch this day Day 22 — Bukhenik (cont), Barros, Proctor Watch with synced transcript →

Procedural

Procedural - Motions

63 lines

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 lines

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., omitting the second camera's view of the SUV's arrival and initial custody period; 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 lines

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 lines

Attorney Alan Jackson conducted a focused recross on three points. First, he had Bukhenik describe his report to the OCME as stating there was a possibility that O'Keefe had been struck in the face with glass. Bukhenik had testified on redirect that, after observing the injuries, he believed glass was most likely not the object used to cause the injury to the back of O'Keefe's head. Second, Jackson asked about the alleged phrase 'I hit him.' Bukhenik said Flatley never told him that, that first responders supplied the information and Sergeant Goode relayed it, and that he did not believe a report memorialized Goode's relay before 10:41 a.m. Third, Jackson asked about the sallyport video: Bukhenik said he neither secured it nor knew who did, and he identified the Canton Police Department as the entity from which it came. Bukhenik testified that, as advised by Detective Lieutenant Tully, Canton Police had recused themselves from interviews. The judge sustained objections when Jackson asked whether the recusal was based on a connection between the Canton Police Department and the Albert family.

Direct

Nicholas Barros Adam Lally

123 lines

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 lines

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 lines

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)