Commonwealth v. Read — Trial ArchiveMichael Proctor - Direct
1,119 linesCOURT OFFICER: [unintelligible — call to order]
JUDGE CANNONE: You may be seated. All right, Mr. Lally, your next witness please.
MR. LALLY: Yes, Your Honor. The Commonwealth calls Trooper Michael Proctor to the stand.
COURT CLERK: Swearing in witness
JUDGE CANNONE: All right, Mr. Lally, whenever you're ready.
MR. LALLY: Thank you. Good morning, sir.
MR. PROCTOR: Good morning, sir.
MR. LALLY: Would you please state your name and spell your last name for the jury?
MR. PROCTOR: Trooper Michael Proctor. P-R-O-C-T-O-R.
MR. LALLY: And how are you employed, sir?
MR. PROCTOR: I am currently assigned to the Norfolk County District Attorney's Office in the homicide unit within the Massachusetts State Police.
JUDGE CANNONE: Trooper, I'm going to ask you to keep your voice up loud, okay?
MR. PROCTOR: Yes, ma'am. Thank you.
JUDGE CANNONE: And sir, if you want, that microphone in front of you is adjustable — however close or far away you want.
MR. LALLY: Now, how long have you been a trooper with the State Police?
MR. PROCTOR: Over 10 years, and it'll be five years in September with the homicide unit.
MR. LALLY: Now with reference to your work with the homicide unit — the detective unit, the District Attorney's Office — what if any specialized training did you receive in regard to your work within that unit?
MR. PROCTOR: I've attended several homicide schools. I've also been certified in Cellebrite software programming. I've also, in addition to homicide investigations, worked within the narcotics unit, and several different investigations there as well.
MR. LALLY: Now, with respect to your work with the detective units — do you have sort of an on-call system?
MR. PROCTOR: We do.
MR. LALLY: And can you explain to the jury sort of how that works, or how those specific days for your on-call duties are assigned?
MR. PROCTOR: Sure. A sergeant — Sgt. Bukhenik usually sets the on-call rotation. It's at random, and your on-call is from 7 a.m. to 7 a.m. Any unattended death, homicide, suicide, overdose, things of that nature that comes in during that time frame — you own it, that's your call.
MR. LALLY: Now, were you working in that capacity with the detective units on January 29th, 2022?
MR. PROCTOR: Yes.
MR. LALLY: And at some point in the morning, did you receive a call in regard to a situation in the town of Canton?
MR. PROCTOR: I did.
MR. LALLY: And what, if anything, was that? When did you first receive that call?
MR. PROCTOR: Sgt. Bukhenik called me at approximately 6:48 that Saturday morning, advised that Canton PD had a male party that was discovered in the snow outside of a residence, and he wasn't sure what had happened — it was originally given to me as a possible medical situation.
MR. LALLY: And based on that initial call, on that initial information that you received, what, if anything, did you do?
MR. PROCTOR: At that point I knew I needed to gather further information, so I contacted Detective Sergeant Lank from Canton Police Department to see exactly what transpired in the morning. He had informed me that a male party had been transported to Good Samaritan Hospital with some injuries. Detective Lank didn't have much more information, so I knew I needed to contact the paramedic at the hospital — the individual treating Mr. O'Keefe.
MR. LALLY: I'm sorry — as far as Detective Sergeant Lank was concerned, was that someone that you called on your own, or how did you get his information, or why did you call him specifically?
MR. PROCTOR: I knew he was on scene, so I called Detective Lank.
MR. LALLY: So that was some information that you had received at some point earlier, and then you contacted — excuse me, Detective Sergeant Lank. Correct?
MR. PROCTOR: Correct.
MR. LALLY: And following that, you reached out to whom?
MR. PROCTOR: Firefighter Anthony Flatley.
MR. LALLY: And with reference to that conversation, what, if anything, did you learn from that firefighter?
MR. PROCTOR: Flatley informed me that —
JUDGE CANNONE: I'm going to allow it.
MR. PROCTOR: Firefighter Flatley informed me that Mr. O'Keefe had some injuries to his right arm, some abrasions to his right arm, some injuries to his eyes, a cut to the nose area, and he put a 10% chance of survival for Mr. O'Keefe.
MR. LALLY: And then based on that information, who did you call next?
MR. PROCTOR: I contacted Sgt. Bukhenik, advised him that this sounds like it's more than a medical situation.
MR. LALLY: And what, if any, decision did you and Sgt. Bukhenik come to with regard to what to do, or where to go, or what the next step should be?
MR. PROCTOR: So there are a couple different steps. Number one, it was blizzard conditions and we operate, you know, Ford Fusions or Chevy Malibus, so we got authorization to use our personal vehicles that are four-wheel drive, and to meet at Canton PD, and to speak with the responding officers.
MR. LALLY: And about what time was it that you and Sgt. Bukhenik arrived at the Canton police station?
MR. PROCTOR: It was approximately 10:00 a.m. that morning.
MR. LALLY: And so, Trooper Proctor, if I could ask you — whereabouts were you at about 8:22 in the morning?
MR. PROCTOR: Home.
MR. LALLY: Had you shoveled out of your driveway at that time?
MR. PROCTOR: Not yet.
MR. LALLY: Had you cleaned off your car at that time?
MR. PROCTOR: No.
MR. LALLY: So you arrived at the Canton police station about 10:00 a.m. or so. When was it that you arrived in relation to Sgt. Bukhenik?
MR. PROCTOR: I don't recall if Sgt. Bukhenik arrived first or myself, but suffice to say we both arrived around 10:00 a.m.
MR. LALLY: Is that correct?
MR. PROCTOR: Yes, sir.
MR. LALLY: And where did you go with Canton police when you arrived?
MR. PROCTOR: We spoke with Sgt. Sean Goode.
MR. LALLY: And what, if anything, did you learn from Sergeant Goode?
MR. PROCTOR: Sergeant Goode informed us that while he was on scene, he identified Kerry Roberts, Jennifer McCabe, Karen Read. He also informed us that Jennifer McCabe was out early in the night at the Waterfall Bar & Grille in Canton with some individuals, and that she was the one who called 911 when they found Mr. O'Keefe in the snow that morning.
MR. LALLY: Now, with regard to the parties that you just mentioned, prior to January 29th, 2022, had you ever met or were you aware of either Jennifer McCabe, Kerry Roberts, Karen Read, or John O'Keefe?
MR. PROCTOR: I've never met any of them.
MR. LALLY: And at some point subsequently, did you have occasion to meet and speak with Miss Read?
MR. PROCTOR: Yes.
MR. LALLY: And do you see Miss Read in the courtroom today?
MR. PROCTOR: I do.
MR. LALLY: Just for clarification purposes, if you could identify as to where she's seated or an article of clothing that she's wearing.
MR. PROCTOR: She's seated between Mr. Jackson and Mr. Yannetti, wearing a pinstripe sport coat.
MR. LALLY: Just ask the record reflect identification of the defendant.
JUDGE CANNONE: Yes.
MR. LALLY: Now, after you spoke with Sergeant Goode, did you speak with anybody else at the Canton police station?
MR. PROCTOR: No.
MR. LALLY: And where did you and Sgt. Bukhenik go from there?
MR. PROCTOR: We then traveled to the home of Matthew and Jennifer McCabe.
MR. LALLY: Now, with reference — when I say you and Sgt. Bukhenik — how long a period of time was it that you were with Sgt. Bukhenik on that date of January 29th?
MR. PROCTOR: From 10:00 a.m. approximately, we met at Canton Police Department until when we returned to the Canton Police Department that afternoon, around 5:30 in the afternoon — so all day. And we also had a debrief meeting with just the Troopers in my office at Canton PD, so at least from 10:00 to 6:00, 7:00, because we also went back to the office with some evidence.
MR. LALLY: And so from that entire time, from 10 in the morning until later on in the night, other than maybe short drives in individual cars, were you essentially with Sgt. Bukhenik that entire day?
MR. PROCTOR: Yes. We used Sgt. Bukhenik's pickup truck that entire day. I left my personal vehicle at the police department and I rode with Sgt. Bukhenik all day into the evening.
MR. LALLY: Now, from the Canton police station, where did you and Sgt. Bukhenik go — to the McCabes' house in Canton — and who, if any, did you want to speak with?
MR. PROCTOR: We spoke with Matthew and Jennifer McCabe, as well as Brian Albert.
MR. LALLY: And those interviews that you conducted — how were they conducted?
MR. PROCTOR: One-on-one. Sgt. Bukhenik and myself kind of rotated out Jennifer, Matthew, and Brian, so first we interviewed Jennifer, and then once that was completed we had her step out, go to a separate room, brought in Matthew, and then the same thing with Brian.
MR. LALLY: And for the balance of the interviews that you conducted — you conducted several interviews over the course of your investigation in this case, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And for those interviews, as far as individually done — was that primarily what you did with each of the people that you interviewed over the course of the investigation?
MR. PROCTOR: Yes. Each interview conducted was either with Sgt. Bukhenik or another Trooper, one-on-one, with the exception of [unintelligible] — but I believe we were in the same room as them.
MR. LALLY: Now, with respect — I believe you just answered it — but as far as each of the interviews that you conducted over the course of your investigation, was there at any point in time an interview that you conducted just by yourself?
MR. PROCTOR: There was just one.
MR. LALLY: And who was that one that you conducted by yourself?
MR. PROCTOR: That took place just at the Grand Jury, across the street. It was the [unintelligible] — I had some difficulty locating them, so when they appeared for grand jury I interviewed them one-on-one by myself prior to their testimony at Grand Jury.
MR. LALLY: You had attempted to meet with them prior to them coming to the grand jury, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And they had not been responsive to that, correct?
MR. PROCTOR: Correct.
MR. LALLY: However, they were responsive to the summons, and so you interviewed them before they went into the grand jury. Correct?
MR. PROCTOR: Yes.
MR. LALLY: Okay. Other than those — as far as Mr. and Mrs. [unintelligible] — every interview that you conducted was in the presence of at least one other Trooper, correct?
MR. PROCTOR: Correct.
MR. LALLY: Now, as far as — you mentioned one name that we hadn't discussed before at the McCabe household — a Brian Albert. Prior to January 29th, 2022, had you ever met, or were you aware of, or did you know Brian Albert?
MR. PROCTOR: I never met Brian Albert until that interview.
MR. LALLY: Now, following the interviews that you conducted at the McCabe household, where did you go from there?
MR. PROCTOR: After the interviews at the McCabe household, Sgt. Bukhenik and I traveled to Good Samaritan Hospital for two reasons: one, we knew Miss Read was there receiving treatment for Section 12, and two, we wanted to view Mr. O'Keefe.
MR. LALLY: And when you arrived at Good Samaritan Hospital, was the defendant, Miss Read, still at that facility at that time?
MR. PROCTOR: We spoke with the security staff at Good Samaritan Hospital. They informed us that Miss Read was released —
JUDGE CANNONE: I'll allow it, just as to where you went then.
MR. PROCTOR: Miss Read was released several hours prior to our arrival.
MR. LALLY: And do you know about what time it was that you and Sgt. Bukhenik arrived at Good Samaritan?
MR. PROCTOR: Maybe approximately 1:00.
MR. LALLY: And you mentioned there was a second reason, and that was to view Mr. O'Keefe, correct?
MR. PROCTOR: That's correct.
MR. LALLY: And did you have occasion — did you have a chance to view Mr. O'Keefe at Good Samaritan?
MR. PROCTOR: We did.
MR. LALLY: And where was that within the hospital?
MR. PROCTOR: That was in the emergency room.
MR. LALLY: And when you went to where Mr. O'Keefe was, can you describe for the jury what, if any, observations you made of Mr. O'Keefe's body at the time that you observed him?
MR. PROCTOR: The first thing I noticed on Mr. O'Keefe is he had abrasions on his right arm — on the top of his right arm, approximately 6 to 8, ranging from his forearm to his lower bicep. There was no ...injuries underneath that forearm. Both eyes were swollen and black and blue. He had a cut on — I believe it was his right nostril, another smaller cut I believe was on his left eye. Those are the injuries that kind of jumped out to me.
MR. LALLY: And at any point in time did you make any observations of the back of Mr. O'Keefe's head?
MR. PROCTOR: I did observe blood on the back of the head. I wasn't able to tell if there was any significant trauma to the back of his head.
MR. LALLY: Now, from the Good Samaritan Hospital, yourself and Sergeant Bukhenik — what if any items did you secure in evidence from the Good Samaritan Hospital?
MR. PROCTOR: So after we viewed Mr. O'Keefe's body, we observed a pile of clothes in the corner that hospital staff had cut off Mr. O'Keefe and kind of piled into the corner. The one thing that had jumped out to both of us was one sneaker. And it's fairly common in a motor vehicle pedestrian strike —
JUDGE CANNONE: I'll strike that.
MR. LALLY: The observations — as far as the clothing that you observed, can you describe the clothing that you observed?
MR. PROCTOR: Yes. We recovered one black sneaker with the Nike logo, a pair of blue jeans, a belt, boxer shorts, an orange T-shirt, and a two-tone gray, light kind of hooded sweatshirt type of material.
MR. LALLY: Now, Trooper Proctor, over the course of your career responding to unintended deaths or death investigations as a member — as a detective of the unit, how many of those have involved situations where a pedestrian was struck by a motor vehicle?
MR. PROCTOR: Well, I've been in the unit, maybe three or four, and then have other experiences on the road.
MR. LALLY: And as far as the other experiences on the road, can you expound upon those, as far as how many or over what time period?
MR. PROCTOR: We're talking about — about six years I spent on the road, so maybe another three or four.
MR. LALLY: And with reference to those pedestrian crashes, what if anything had you seen in those prior investigations in regard to sneakers or footwear of pedestrians involved in motor vehicle crashes?
JUDGE CANNONE: I'm going to see you at sidebar. [unintelligible] Yes.
MR. LALLY: Now, as reference to your prior experience with pedestrian crashes involving motor vehicles, what if any observations have you made on those prior occasions in regards to the footwear with respect to the pedestrians in motor vehicle crashes?
MR. PROCTOR: In those experiences, I've observed one if not both pieces of footwear remained at the point of impact.
MR. LALLY: And so with respect to your observations of the clothing, there only being one sneaker of Mr. O'Keefe's property — what if any significance did that have to you as far as the steps you took subsequent in your investigation?
MR. PROCTOR: That was just a little piece of evidence that Sgt. Bukhenik and I picked up, that only one piece of footwear revealed the potential of a vehicle strike.
MR. LALLY: Now, in addition to Sergeant Bukhenik — is he one of your supervisors within the detective unit? Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And there's another one, a Lieutenant Brian Tully?
MR. PROCTOR: That's correct.
MR. LALLY: Now, with respect to the one sneaker that was found in Mr. O'Keefe's property — what if anything, with regard to that, did you communicate to Lieutenant —
MR. JACKSON: Objection.
JUDGE CANNONE: As to how it goes to the investigation? Yes, I'll allow it.
MR. PROCTOR: Sgt. Bukhenik and I informed Det. Lt. Tully that there was one shoe at the hospital.
MR. LALLY: And with respect to Detective Lieutenant Tully, are you aware that subsequently in the afternoon there was a search that was conducted in the area of 34 Fairview Road where Mr. O'Keefe was found?
MR. PROCTOR: Yes.
MR. LALLY: And are you aware of what if anything was recovered in the area where Mr. O'Keefe was found on that date?
JUDGE CANNONE: I'll allow it as to the investigation.
MR. PROCTOR: Yes.
MR. LALLY: And what were you informed?
MR. PROCTOR: Sergeant Bukhenik and I were informed that the search team and Detective Lieutenant Tully discovered a black Nike sneaker with the white swoosh logo that was a match to Mr. O'Keefe's shoe at the hospital.
MR. LALLY: Now, from these items of clothing — sorry, let me just — Trooper, in addition to the shoe that you've already referenced, what if anything else did you observe about what kind of clothing and the condition of the clothing that you observed in the hospital?
MR. PROCTOR: The clothing seemed — was wet. It was pretty well saturated. The right sleeve had some cuts to it, like tears to it. There was blood and vomit on it, if I recall. Those were the observations I had made of the clothing. They had been cut due to rendering first aid as well — the pants area.
MR. LALLY: Now, subsequent to viewing these clothing items at the hospital, at a later time did you have occasion to observe a surveillance video from a variety of places on the evening of January 28th into the early morning of January 29th, depicting Mr. O'Keefe?
MR. PROCTOR: Yes.
MR. LALLY: And what if anything did you know with regard to the clothing that you observed at the hospital and the clothing that you observed in the video?
MR. PROCTOR: For the videos I reviewed — C.F. McCarthy's Bar and the Waterfall Bar — Mr. O'Keefe was wearing the same clothes that Sergeant Bukhenik and I had secured at Good Samaritan Hospital.
MR. LALLY: Now, Trooper, I'm going to ask you some questions in regard to securing these items specifically as evidence, but in general terms as far as securing items in evidence within your unit — how is that accomplished? How is that done? What do you do with items that you deem of evidentiary value that you then secure?
MR. PROCTOR: Generally, if we take an item for evidence, we'll put it in a brown paper bag, document it — time, date, who secured that item, address where it is discovered — and then we'll bring that back to our office, to the evidence processing area. From there it'll go to a permanent evidence room that has triple retention — it has an actual key, a key card, and an actual access code — and only three members of my office have access to that room: the two evidence officers and Detective Lieutenant Tully.
MR. LALLY: And at this time, January 29th, 2022, who was assigned as the evidence officers who had access to that room?
MR. PROCTOR: So that'd be Trooper David [unintelligible] and Trooper Jeffrey [unintelligible].
MR. LALLY: Did either yourself or Sergeant Bukhenik have any access to that evidence room?
MR. PROCTOR: No.
MR. LALLY: Now, with reference to these items that were seized, and items that were seized subsequent during the course of your investigation, did they go through that same sort of evidentiary storage process that you were speaking about before?
MR. PROCTOR: Yes.
MR. LALLY: Now, with reference to — in addition to the clothing items, at some point did you come into possession and seize Mr. O'Keefe's phone?
MR. PROCTOR: Yes.
MR. LALLY: And do you recall where it was that you received or retrieved Mr. O'Keefe's phone from?
MR. PROCTOR: We received it at the Canton Police Department.
MR. LALLY: And was that prior to you going to the Good Samaritan?
MR. PROCTOR: After, I believe.
MR. LALLY: So following the Good Samaritan, where did you go from there?
MR. PROCTOR: So after the Good Samaritan Hospital, Sgt. Bukhenik and I traveled to 345 Country Hill Drive in Dighton.
MR. LALLY: And why did you go to that location?
MR. PROCTOR: That was the residence of Miss Read's parents, and — having a brief conversation with Miss Read on the phone, she informed us she was at her parents' house.
MR. LALLY: So you had called Miss Read, spoken to her, and informed her that you were coming there to speak with — correct?
MR. PROCTOR: Correct.
MR. LALLY: And just as you had done with Mr. McCabe, you spoke to Miss Read within her home?
MR. PROCTOR: Yes.
MR. LALLY: And who if anyone else did you reach out to on your way there with regard to local law enforcement?
MR. PROCTOR: As we were driving to Dighton, we contacted the Dighton Police Department — just for a couple of reasons. One, it's a common courtesy — if we're in another town we just kind of give the local PD a heads up. But also we needed to coordinate a plow truck and potentially a tow truck as well.
MR. LALLY: And why did you need to coordinate those?
MR. PROCTOR: At the time there must have been at least a foot of snow on the ground — more. And it was a dead-end cul-de-sac, which made it difficult to navigate. So we requested the plow to clear a path for Sgt. Bukhenik and I to get down the roadway, as well as clear the driveway of the residence, so the tow truck could pull into the driveway.
MR. LALLY: Now, as far as the drive from Good Samaritan — that's in Brockton, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: As far as the drive from Good Samaritan in Brockton to the defendant's parents' home in Dighton — about how long a drive was that, and how would you describe the weather conditions along the way?
MR. PROCTOR: Yeah, the weather conditions were white-out, high winds, blizzard conditions. We had to travel very slowly. It was almost about an hour to get there.
MR. LALLY: And when you arrived there, you're in Sergeant Bukhenik's truck? Is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And where did Sergeant Bukhenik position the truck in relation to the house at 345 Country Hill?
MR. PROCTOR: What I recall — Sgt. Bukhenik went down the cul-de-sac and turned around, and he actually had to let me out first because of the high snow banks, and then he parked kind of along the snow — essentially to Mr. Read's house. And at some point did members of the Dighton police come along and join?
MR. LALLY: Yes.
MR. PROCTOR: And do you recall who those people were?
MR. LALLY: I believe one of the officers' last name was Barros.
MR. PROCTOR: And had you ever met that officer before?
MR. LALLY: No.
MR. PROCTOR: Now with respect to the home, had you and Sergeant Bukhenik approached the home at any point prior to the Dighton police showing up?
MR. LALLY: I can't recall — no, they had arrived first before we approached the home.
MR. PROCTOR: And when you approached the home, what did you traverse — how did you get from the street to the home?
MR. LALLY: We walked down the driveway, and then we
MR. PROCTOR: Observed Miss Read's Lexus parked in the driveway, the front of it facing one of the garage doors. That's where we observed the broken tail light on the right side of the vehicle. We then proceeded to the front door. The snow was about up to our waist and knocked on the door, and were greeted by Mr. Read.
MR. LALLY: As you're walking up the driveway towards the home, you see Miss Read's vehicle, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And that's a vehicle that you later subsequently found to be registered to Miss Karen Read, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: So I'm showing you documents, four pages in length. Just ask you to review that. And do you recognize that document, sir?
MR. PROCTOR: Yes.
MR. LALLY: What do you recognize it as?
MR. PROCTOR: The Registry of Motor Vehicles — it's the certified documents for Miss Read's Lexus, and the plate information that's contained in there is the same plate that was fixed to Miss Read's vehicle on that day.
MR. LALLY: And that also details sort of the history of how long she's had possession of that vehicle, is that fair to say?
MR. PROCTOR: Correct.
MR. LALLY: Going back to, I believe, 2021, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
MR. LALLY: Now with respect to Miss Read, at some point you go into the house, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And how do you enter into the defendant's —
MR. PROCTOR: So Sgt. Bukhenik and I knocked on the front door. Mr. Read directed us around the corner, opened up the garage door for us, and invited us in.
MR. LALLY: Now if I can take you back — I'm sorry — just as far as when you're coming up the driveway and you're passing by the defendant's vehicle, you mentioned some damage that you observed to the right rear passenger side area, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Can you describe to the jury what it was specifically that you observed as far as damage to that area of the vehicle?
MR. PROCTOR: Yeah, the right rear tail light had large pieces missing from it.
MR. LALLY: So you proceed inside the home, and where is it that you're directed?
MR. PROCTOR: We're invited into a large living room area. Miss Read is seated on a couch, and her parents William and Janet are present for the conversation, kind of standing off to the side.
MR. LALLY: And that conversation goes on for approximately how long?
MR. PROCTOR: Approximately half hour, 40 minutes.
MR. LALLY: And when you terminate that conversation you come back outside of the home, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And where is the vehicle at this point that is being put on the tow truck? Now in addition to the defendant's vehicle, what if anything else was taken and seized as evidence from the defendant on that morning?
MR. PROCTOR: After confirming the phone Miss Read was holding was in fact hers, we seized the phone and we'd be writing a search warrant for that.
MR. LALLY: Now during the course of the conversation that you and Sgt. Bukhenik had with the defendant that afternoon at her parents' home in Dighton, were there some questions in relation to contact information for other people that were at bars or different establishments the night before?
MR. PROCTOR: Yes, we asked Miss Read specifically for some of the friends that Mr. O'Keefe was with at C.F. McCarthy's. One person in particular, this Michael Camerano. So we observed Miss Read enter the passcode on her phone, retrieve Mr. Camerano's phone number for us, provided to us. And that just further confirmed that was her cell phone.
MR. LALLY: Now through your training and experience, when a cell phone is seized from a person, what if anything is it that you do with regard to that cell phone to preserve the information on it?
MR. PROCTOR: Well, first thing we do is we put it in airplane mode, and then we give it to a cell phone expert in our office, Trooper Nicholas Gino, and he essentially tries to access the data in that phone once a search warrant is obtained.
MR. LALLY: Now as far as putting that cell phone in what you described as airplane mode, what is the purpose of that?
MR. PROCTOR: It's to avoid — if someone wants to go on a tablet or a laptop and access the information on their phone, they can start deleting stuff off their iCloud. This prevents that.
MR. LALLY: So you secure the phone, you secure the vehicle on the tow truck, and then where did you and Sgt. Bukhenik go from there?
MR. PROCTOR: We followed the tow truck from the address in Dighton to the Canton Police Department, where it was secured in the sallyport bay.
MR. LALLY: And if you know, approximately what time was it that you arrived at the Canton Police Department and secured the defendant's vehicle in the sallyport?
MR. PROCTOR: We left Dighton around 4:16 p.m. and arrived in Canton at the police department at approximately 5:31 p.m.
MR. LALLY: And with reference to the Canton Police Department sallyport, why was the vehicle taken there?
MR. PROCTOR: I wasn't part of that decision, but as my understanding, it was a heated facility. The other options were, I believe, the barracks in Milton, but that's not large enough to house a vehicle that size and it's not heated.
MR. LALLY: And in regard to the heated facility, what was the sort of purpose or utility of storing it in a heated setting?
MR. PROCTOR: Miss Read's vehicle was covered with snow and ice at the time it was transported from Dighton to Canton.
MR. LALLY: And with regard to the sallyport area of the Canton Police Department, at some point were you inside that area?
MR. PROCTOR: Yes.
MR. LALLY: And what if any observations did you make as far as the temperature or the heating within that facility?
MR. PROCTOR: I don't remember the exact — I couldn't put a ballpark on temperature, but it was certainly warmer than outside.
MR. LALLY: Now as far as the vehicle was concerned, either on scene in Dighton, or at the sallyport, or at any point in time that you were in the presence of that vehicle, what if anything did you do — or what did you observe Sgt. Bukhenik to do — with regard to that damaged area you described on the right rear passenger side?
MR. PROCTOR: Sgt. Bukhenik and I never touched any part of that vehicle.
MR. LALLY: And as far as moving it from the tow truck into the sallyport area, how was that accomplished?
MR. PROCTOR: The tow truck driver removed it from the tow truck and pulled it into the sallyport bay.
MR. LALLY: Now as far as prior to leaving that sallyport area where the vehicle was, what if anything did you and Sgt. Bukhenik do with reference to securing that vehicle or cordoning it off in any way?
MR. PROCTOR: We tried to set up a perimeter as best we could using caution tape, just sectioned it off with caution tape.
MR. LALLY: Now at some point you leave the sallyport area of the Canton Police Station, and where did you go from there?
MR. PROCTOR: We had a debrief meeting. So there were other troopers at the scene on 34 Fairview Road, there were other troopers conducting interviews, so at the end of the night members of my office met in a conference room at the Canton Police Department to exchange information as far as what everyone had learned throughout the day.
MR. LALLY: And as far as that meeting is concerned, that's just troopers from your unit, from your office, is that correct?
MR. PROCTOR: That's correct.
MR. LALLY: And so there were no members of the Canton Police Department that were present for that, is that correct?
MR. PROCTOR: No, correct.
MR. LALLY: And do you know why that was?
MR. PROCTOR: They had taken a step back from the investigation, they weren't going to participate in any interviews or anything of that nature.
MR. LALLY: And how was that communicated to you and Sergeant —
MR. PROCTOR: Best of my recollection was that at that debrief meeting we were informed that essentially Canton PD would be taking a step back from the investigation and that now this is just solely a Norfolk state police investigation.
MR. LALLY: So before we get to sort of the debriefing and all that's covered in that, as far as when you're on call and you get a call for any kind of homicide or unattended death or anything like that, you then become what's called a case officer for that investigation, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And can you describe for the jury sort of what the duty or role is of case officer vis-à-vis the rest of the members of the unit?
MR. PROCTOR: So essentially a case officer is more of a facilitator — you kind of delegate tasks, coordinate interviews. The case officer isn't the sole decision maker. I have supervisors. I have that I bounce ideas off of, I get feedback from, I also keep them updated. It's a collaborative effort in each investigation. We're a small office, so when a homicide comes in everyone essentially drops what they're doing and we all work on it together. So it's a collective effort to work on these cases. And essentially a case officer is just kind of the record keeper of all the reports that come in and video that comes in. But when it comes down to decision making time, it's a group effort.
MR. LALLY: Now with reference to that effort that you were just discussing, and this sort of debriefing meeting, so there were other Troopers doing other things or other tasks throughout the course of the day of the 29th, correct?
MR. PROCTOR: Yes.
MR. LALLY: And so what was sort of the purpose of — or not specifically what was discussed, but in general terms what was discussed during the course of this debriefing?
MR. PROCTOR: The tail light pieces found at 34 Fairview Road — the one sneaker found at 34 Fairview Road, interviews conducted, and then Sgt. Bukhenik and I also shared everything we had kind of learned throughout the day as well.
MR. LALLY: And that debriefing meeting, if you know, about how long approximately did that take in this case?
MR. PROCTOR: I can't recall, maybe half hour, hour.
MR. LALLY: And so following that meeting, where did you go from there?
MR. PROCTOR: Sgt. Bukhenik and I had secured some evidence — the clothing from Good Samaritan Hospital, the additional sneaker found at 34 Fairview Road, as well as the tail light pieces discovered at 34 Fairview Road, and Mr. O'Keefe's cell phone and Miss Read's cell phone — and him and I transported those to the office in Canton.
MR. LALLY: And when you transported them to the office in Canton, what if anything did you do with those items?
MR. PROCTOR: The two cell phones were given to Trooper Nicholas Gino, and the clothing was laid out on top of butcher paper to dry out in our evidence intake area. And then the bagged tail light pieces were set aside in the evidence intake processing area. Sgt. Bukhenik and I didn't have access to the permanent evidence locker area, so we just secured them in the temporary intake area.
MR. LALLY: And that leads me to my next question. As far as the area that you're talking about with regard to those items and the other items that you secure beyond the cell phones, that was in a secure area of your office, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And by secure I mean restricted access to the Troopers within your unit, correct?
MR. PROCTOR: Correct. It's — you need a key card and it's also equipped with an alarm.
MR. LALLY: Now following that, as far as these items of evidence and other items of evidence that are seized throughout the course of an investigation, how is it that they go — or what if anything is done, if you know, between the time that they go from this temporary storage area to the permanent storage?
MR. PROCTOR: Yeah, I'm not an Evidence Officer, I never have been. My understanding is once it's in the evidence processing area, it gets put into the permanent evidence room that — like I said, two or three Troopers and the Detective Lieutenant have access to. And it's the Evidence Officer's responsibility to process that material when they see fit.
MR. LALLY: Now sir, if I could turn your attention to February 1st of 2022 — were you working in regard to this investigation on that date as well?
MR. PROCTOR: Yes.
MR. LALLY: And at some point did you have occasion to go back to the Canton Police Department, specifically in the sallyport garage area?
MR. PROCTOR: I did.
MR. LALLY: And what was the purpose of you going out to the sallyport garage on that?
MR. PROCTOR: Pursuant to a search warrant, we were processing Miss Read's Lexus SUV.
MR. LALLY: And when you say "we," who if anyone else was present with you, or who if anyone else did you contact in reference to the processing pursuant to that search warrant?
MR. PROCTOR: For the defendant's vehicle — so we had a chemist from the State Police lab, Miss Hartnett, as well as a Trooper from Crime Scene Services, Trooper Zachary Clark, and then later in the day the Accident Reconstruction team, Trooper Joe Paul, had arrived as well.
MR. LALLY: Now if I could just ask you a couple of questions in regard to the Crime Scene Services section. Can you describe for the jury sort of what their role is in regard to investigations that you do, and how their —
MR. PROCTOR: On any scene, if it's required for it to be documented, Crime Scene Services will arrive. They'll document the scene with photographs. In more serious situations, or a homicide for instance, they'll actually take video as well as dust for fingerprints.
MR. LALLY: Now with respect to this particular investigation, there were a number of different areas or different times when Crime Scene Services was contacted to document, correct?
MR. PROCTOR: Yes.
MR. LALLY: And that would include Good Samaritan when you observed injuries to Mr. O'Keefe, correct?
MR. PROCTOR: Correct.
MR. LALLY: That would include the autopsy that was performed on Mr. O'Keefe?
MR. PROCTOR: Yes.
MR. LALLY: That would include February 1st in the sallyport garage when the search warrant is executed on the defendant's vehicle, correct?
MR. PROCTOR: Correct.
MR. LALLY: That would include subsequent searches that occurred at Fairview Road, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And was it ever the same Trooper from Crime Scene Services section that came out and memorialized each of those respective areas?
MR. PROCTOR: Yeah, it was a different Trooper each time.
MR. LALLY: And is that something that you or any member of your unit has any control over whatsoever as far as who shows up from Crime Scene Services to memorialize or document scenes?
MR. PROCTOR: No.
MR. LALLY: Now with respect to the search warrant execution on February 1st, what I want to ask is — between the time that you were in the garage on January 29th, 2022, and the time that you were there for the search warrant execution on February 1st, had you been in that sallyport area of the Canton Police Station at any time in between?
MR. PROCTOR: No.
MR. LALLY: Now with respect to the tail light area on the passenger side of the defendant's vehicle, what if anything did you note sort of between your observations of the tail light on the 29th versus your observations on February 1st?
MR. PROCTOR: Yeah, the only difference from the 29th to the first was snow and ice had melted from the tail light.
MR. LALLY: So as far as the condition of that particular tail light, was it in essentially the same condition that you observed it on the 29th when you observed it on the first?
MR. PROCTOR: Yes. It was still broken and large pieces missing from it.
MR. LALLY: But as far as the broken status of it and the pieces that were missing, was it any more broken or any more pieces missing from it when you saw it on the first versus when you saw it on the 29th?
MR. PROCTOR: No.
MR. LALLY: And with respect to the tail light housing for that vehicle on that particular day, what if anything happened with it on that day, if you know?
MR. PROCTOR: The state police chemist, Miss Hartnett, had it removed — she brought it to the lab herself, so she had it removed and then physically took it with her when she left to the lab. Yeah, it was with the assistance of a Canton Police officer who had an auto body shop, so he's kind of well versed in cars, so he was able to assist the chemist with removing the housing unit.
MR. LALLY: Now at any point in time on that day of February 1st, 2022, did you come into contact physically or otherwise with that tail light? Did you handle it in any way, shape or form?
MR. PROCTOR: No.
MR. LALLY: Your Honor, if I may — with the Court's permission, I would request to publish — give me one moment.
JUDGE CANNONE: You may have one moment.
MR. LALLY: My apologies. With the Court's permission, if I can publish a portion of Exhibit 34 —
JUDGE CANNONE: Okay.
MR. LALLY: — the sallyport video. Miss Gilman, if I could have from February 1st, 2022 at approximately 9:12 a.m. — you can just pause it right there. It may be easier, more visible with this particular video, with the lights on.
JUDGE CANNONE: Okay, sure.
MR. LALLY: Trooper Proctor, directing your attention to what's up on the screen as Exhibit 34 — do you recognize what's shown on the screen?
MR. PROCTOR: Yes. That's the sallyport area of the Canton Police Department with Miss Read's Lexus kind of roped off with yellow caution tape.
MR. LALLY: And this is the search warrant execution that you were speaking about before, as far as your presence and some of the other members of the State Police and State Police lab that you were talking about, correct?
MR. PROCTOR: Correct.
MR. LALLY: And this — if you could run. So while this is going, if I could just ask a couple of questions as far as people within this video. Do you recognize anyone in this video?
MR. PROCTOR: Yeah, myself, kind of at the top of the screen. Trooper Zack Clark was the one with the camera, taking photographs of the vehicle.
MR. LALLY: Now, with reference to this video from the sallyport at the Canton Police Department, uh, what if anything did you learn over the course of this in regard to how that video is, or how it's, um— what if anything sort of activates that?
JUDGE CANNONE: Objection. Ask it differently, Mr. Lally.
MR. LALLY: As far as, uh, this video is concerned, is this one continuous, uh, time frame that we're looking at, or how is it?
MR. PROCTOR: My understanding, it's motion activated.
JUDGE CANNONE: That means you can answer. Oh, I'm sorry, sorry— you can ask. I'm not sure there was anything said. I'll strike if there was anything, but Mr. Lally, just ask a question.
MR. LALLY: Please, with respect to this video, uh, as far as the recording is set up, how is that— how was that activated, or how does it record?
MR. JACKSON: Objection.
MR. LALLY: Same question.
JUDGE CANNONE: Yeah, how does he know that? Sustained.
MR. LALLY: Have you watched, uh, this video or other videos from the Canton Police Department sallyport?
MR. PROCTOR: Correct. Yes.
MR. LALLY: What if anything did you note with regard to timing? As far as— there's a time stamp on the video, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: What if anything did you note with regard to the time stamp on this video or the other videos that you observed, with regards to, uh, how time moves?
MR. PROCTOR: The time stamp on the video tends to pause, um, indicating it's motion activated— tends to pause—
JUDGE CANNONE: I'll strike that out.
MR. PROCTOR: ...for about [unintelligible].
MR. LALLY: You can take that down. Thank you very much. Now, Trooper, with regard, uh, to that tail light that was, uh, then taken by Ms. Hartnett to the lab— is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And, uh, at some point that was returned to the custody of the State Police, your detective unit, correct?
MR. PROCTOR: Correct.
MR. LALLY: And do you have that tail light housing with you today in court?
MR. PROCTOR: I do.
MR. LALLY: Your Honor, with the Court's permission, uh, if the Trooper could retrieve that?
JUDGE CANNONE: Okay, easier that way, sir. You can stay right there.
MR. LALLY: Is there the item, sir? Do you recognize that?
MR. PROCTOR: Yes.
MR. LALLY: And what do you recognize that to be?
MR. PROCTOR: Uh, that's the— I recognize that to be the housing unit.
MR. LALLY: As far as your recognizing of the housing unit, is there any sort of, um, denotation, or anything on the outside of that box, uh, indicating what's contained therein?
MR. PROCTOR: There's a State Police crime lab sticker with a number associated with it. Uh, it also indicates fragile, and evidence tape that is, uh, initialed and dated as well when it's sealed up. And the sticker also says "passenger side tail light."
MR. LALLY: Thank you, sir. Your Honor, um, with the Court's permission, I would ask— uh, I would seek to admit and introduce that as the next exhibit.
JUDGE CANNONE: Want it out of the box first? Mr. Jackson, we could just take a quick look.
MR. JACKSON: Sure, sure.
MR. LALLY: Thank you, sir. Trooper, you can, uh, go ahead and put that back in the box. Thank you very much.
JUDGE CANNONE: We need to mark that, and we're going to mark it twice, folks. We're going to mark the bag within the box and we'll mark the box as well.
COURT CLERK: Thank you.
MR. LALLY: I'm sorry, Trooper, if you could hand that to Madam Clerk.
JUDGE CANNONE: Sorry, hold on, hold on. So it's going to be 544 and 544A. The inquiry: the— A— the light, and the 544A bag? We're not even putting it right on the light because it's broken.
MR. LALLY: Understood.
JUDGE CANNONE: So we're putting, um, 544 on the bag, 544A on the box.
MR. LALLY: Understood.
COURT CLERK: Thank you. Put it on. 544— 544B. Thank you.
MR. LALLY: Trooper, with respect to that item that's just been marked as evidence, is that, uh, essentially the condition that you observed it in both on January 29th and February 1st?
MR. PROCTOR: Yes.
MR. LALLY: Your Honor, with the Court's permission, if I could ask just to publish what's been marked as Exhibit 147?
JUDGE CANNONE: Okay.
MR. LALLY: Trooper Proctor, do you recognize what's up on the screen that's been marked as Exhibit 147?
MR. PROCTOR: Yes.
MR. LALLY: What do you recognize that to be?
MR. PROCTOR: That is the right tail light of Ms. Read's, uh, Lexus SUV. And you can see large pieces of it are missing. Again, that same condition that you observed it on February 1st as well as January 29th— obviously minus the, the—
MR. LALLY: The snow?
MR. PROCTOR: Yeah, minus the, uh, snow and ice, sir. Yes.
MR. LALLY: Thank you, sir. To Miss Gilman: You can take that down. Court Officer, you can, uh, have the lights back up. Thank you. Now, if I could turn your attention to February 3rd of 2022, um, in the morning hours of that date, where, uh, where did you go in regard to this investigation?
MR. PROCTOR: Sgt. Bukhenik, uh, Trooper David ?, and myself went to 34 Fairview Road, along with, uh, Trooper Evan Brent from Crime Scene Services, to essentially dig out the snow and, uh, pursue for more evidence.
MR. LALLY: Now, as far as you mentioned, as far as digging out the snow and pursuit of other evidence, um, what if any tools or implements, uh, did you and the other Troopers bring with you in order to effectuate that?
MR. PROCTOR: On February 3, we just had, uh, kind of standard snow shovels.
MR. LALLY: And with respect to that, as far as going back to 34 Fairview Road, um— and let me clarify, as far as that's concerned, um, prior to that date of February 3rd, uh, 2022, had you been to 34 Fairview Road at any point in time in the course of your investigation?
MR. PROCTOR: No.
MR. LALLY: So that morning of February 3rd, that's the first time that you went. Correct? Now, with respect, uh, to— how many times, uh, did you go to the area of 34 Fairview Road over the course of the next several days and weeks, uh, in regard to, uh, potential recovery of items?
MR. PROCTOR: So February 3rd, I retrieved items on the 8th, the 11th, the 18th. And we were out there on the 10th with a mechanic as well.
MR. LALLY: Now, as far as any of those occasions that you just described that you went to the area of 34 Fairview Road, on any of those occasions were you by yourself?
MR. PROCTOR: No.
MR. LALLY: And with respect to those other occasions, uh, who was with you? I know you've mentioned on the third, but beyond the third, um, those other occasions that you described—
MR. PROCTOR: On the 18th, I believe it was, um, Trooper DiCicco, based on the handwriting on the evidence bag, uh, kind of recognized his handwriting. In the other two dates, I don't recall who was out there with me.
MR. LALLY: Now, with respect to items that, uh, were located, uh, starting with the, uh, the third, do you recall specifically what if any items were, were located on the third?
MR. PROCTOR: We located a, uh, a black drinking straw, uh, consistent with the one, um, seen in the Waterfall video of Mr. O'Keefe walking out of the bar, holding a glass. We relocated his, uh, his hat that had the American flag— um, that was deep underneath the snow— as we were digging, we discovered that. Uh, we further discovered other, uh, pieces of plastic as well.
MR. LALLY: Now, as far as these return trips on successive dates to 34 Fairview Road, um, what was the reasoning behind that, or what was sort of the— the plan in reference to why were there so, so many different days that you returned to 34 Fairview Road with other Troopers?
MR. PROCTOR: So after the 29th, it was close to— what, 2 feet of snow that had fallen. And in the days and weeks that had followed, uh, the temperatures ranged from 30 degrees up to 60 degrees, and there was about a half a dozen days mixed in of, you know, heavy rain. So as the snow started to melt, more evidence started to present itself.
MR. LALLY: So there were items that you recovered on the third and then items you recovered on successive dates that weren't visible, or you didn't see on the third?
MR. PROCTOR: Correct.
MR. LALLY: Now, if I could— keeping you on February 3rd, you mentioned that there was Trooper Evan Brent that was present with you, uh, during the search on that day as well?
MR. PROCTOR: Yes.
MR. LALLY: Now, in addition to going to 34 Fairview Road, where else, uh, did yourself and, and Trooper Brent go on that particular day?
MR. PROCTOR: We traveled to, uh, 1 Meadows, Mr. O'Keefe's residence.
MR. LALLY: And, uh, is that the first time that you had been to 1 Meadows, Mr. O'Keefe's residence?
MR. PROCTOR: Yes.
MR. LALLY: Now, with respect, uh, to that residence, why is it that you and Trooper Brent went there on February 3rd?
MR. PROCTOR: We wanted to document, uh, Mr. O'Keefe's vehicle, uh, to show that there's no damage to it, as well as the garage doors.
MR. LALLY: And why did you want to document that?
MR. PROCTOR: Uh, during the review of Mr. O'Keefe's Ring video, particularly the one, um, above the garage that displays the driveway, um, on the 29th at approximately 1:07 a.m., Ms. Read was pulling her vehicle out of the garage door, backing up towards Mr. O'Keefe's vehicle, and comes extremely close, if not slightly hitting the vehicle. So we wanted to at least go document that there was no damage to Mr. O'Keefe's car.
MR. LALLY: And, your Honor, with the Court's permission, if I could, uh, publish that for the jury, as far as what's been marked as Exhibit 6, uh— video 153?
JUDGE CANNONE: Okay.
MR. LALLY: Trooper Proctor, with regard to this, uh, Ring video, how was this, uh, obtained, if you—
MR. PROCTOR: — know, so we first observed it through Mr. O'Keefe's cell phone on the Ring app, and then I wrote a search warrant for Ring itself.
MR. LALLY: And as far as the videos that you received from Ring, did they match what was on — or what was viewable — being the Ring app on Mr. O'Keefe's — the videos on Mr. O'Keefe's app?
MR. PROCTOR: Yes.
MR. LALLY: Was what Ring produced matched? So as far as any videos that were present that you received pursuant to the search warrant, or any videos that were not present, that was consistent with what you observed on Mr. O'Keefe's app on his phone?
MR. PROCTOR: Yes.
MR. LALLY: Now, Miss Gilman, if you could press play from here. Now, Trooper, with regard to this video — you've seen this before, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Now at this point from this video, are you able to discern who the operator of that vehicle is?
MR. PROCTOR: Based off the attire, Ms. Read driving.
MR. LALLY: Now with respect to the defendant's vehicle — if you — there's a laser pointer out there in front of you on the desk. If you could, I would just ask you to draw the jury's attention to what vehicles you observe in this video and whose vehicles you believe them to be.
MR. PROCTOR: So right there it's Mr. O'Keefe's vehicle and Ms. Read's vehicle.
MR. LALLY: Now as far as when those vehicles come into contact with each other — as far as Mr. O'Keefe's vehicle is concerned — what if anything do you observe on Mr. O'Keefe's —
MR. PROCTOR: Vehicle — at the top there's some snow, you see on the back window here, the bumper and the windows here starting to be covered in snow.
MR. LALLY: And as far as when that vehicle comes close to or makes contact with Mr. O'Keefe's vehicle, what if anything do you observe — the snow come off of the car at that point?
MR. PROCTOR: I do not know.
MR. LALLY: Now with reference to the back area of Mr. O'Keefe's vehicle, specifically in the area of the ground — as far as that area on the ground, what if anything did you observe in reference to any red pieces or any pieces of tail light or plastic or glass or anything in that area that you observed on this video?
MR. PROCTOR: So this area here — you can see the white snow — there's no red pieces of tail light, which would show up in contrast to the white snow.
MR. LALLY: Now as far as the damage area that you were discussing previously — that you observed on January 29th in the sally port, February 1st in the sally port, and then the item that was just marked as evidence — what if anything do you observe in the right rear passenger side taillight area of the defendant's vehicle from this video?
MR. PROCTOR: You can see the inconsistent lighting if you compare to the left versus the right — there's a gap right there.
MR. LALLY: And what you observe from that video, does that appear to be consistent with what you observed on January 29th at Canton Police Department, February 1st, and in the evidence item that was just marked?
MR. PROCTOR: Yes.
MR. LALLY: Miss Gilman, you can take that down. Mr. Officer, we can have the lights back on, thank you. Now sir, you proceeded to 1 Meadows Ave. for the first time on February 3rd, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And Trooper Brent from Crime Scene was with you and took some photographs, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you a set of photographs. You can look up when you're finished. Just generally speaking, do you recognize what's depicted in those photographs?
MR. PROCTOR: Yes.
MR. LALLY: And what do you recognize them to be?
MR. PROCTOR: The first picture is the front door of Mr. O'Keefe's house, and it's also Mr. O'Keefe's Chevy Traverse.
MR. LALLY: Yes — to introduce and admit as the next ten exhibits.
JUDGE CANNONE: Okay.
COURT CLERK: [Exhibits 545 through —], thank you.
MR. LALLY: And your Honor, with the Court's permission, if I could have permission to publish just a few of those photos for the jury?
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have photograph 7752. Do you recognize what's up on the screen? It's marked 546.
MR. PROCTOR: Yes.
MR. LALLY: Mr. O'Keefe's Chevy Traverse vehicle?
MR. PROCTOR: Yes.
MR. LALLY: And with respect to the foreground here, if you could describe for the jury what we're looking at there.
MR. PROCTOR: So that is Mr. O'Keefe's driveway — you see two garage doors there that lead into the house, and above those garage doors is the Ring camera.
MR. LALLY: Now with respect to the rear of Mr. O'Keefe's vehicle — from your viewing of the video from Exhibit 6, from the Ring video, video 153 — if you could, using that laser pointer, direct the jury's attention to where it is on this vehicle that made contact with Ms. Read's vehicle.
MR. PROCTOR: It would have been in this general area here.
MR. LALLY: As far as your observations on that —
JUDGE CANNONE: Hold on. Hold on. Okay. technical interruption — microphone unmuted
MR. LALLY: When you were in the driveway of Mr. O'Keefe's residence on February 3rd, 2022, you had occasion to make observations of Mr. O'Keefe's vehicle, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what if any damage did you observe to the driver's side rear area?
MR. PROCTOR: Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And memorialized in those photographs that were just presented to you, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: As far as your observations on that day or in those photographs, what if any damage did you observe?
MR. PROCTOR: I did not observe any damage.
MR. LALLY: Yes. So there's another eight photographs that I placed before you — have you had a chance to review those?
MR. PROCTOR: Yes, sir.
MR. LALLY: And do you recognize what's depicted in those eight photographs?
MR. PROCTOR: Yes.
MR. LALLY: And what do you recognize those to be?
MR. PROCTOR: More photographs of Mr. O'Keefe's vehicle as well as the garage doors.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Next exhibit —
COURT CLERK: [Exhibit] 555, thank you.
MR. LALLY: Your Honor, with the Court's permission, if I could publish just a few of those for the jury as well.
JUDGE CANNONE: Okay.
MR. LALLY: Photograph 7779. And Trooper, do you recognize what's depicted on the screen? Now marked as Exhibit 559.
MR. PROCTOR: Yes.
MR. LALLY: If you could describe to the jury what we're looking at in 559.
MR. PROCTOR: You see the rear bumper area of Mr. O'Keefe's vehicle.
MR. LALLY: That's the driver's side or passenger's side?
MR. PROCTOR: The driver's side.
MR. LALLY: And what if any damage do you observe in that area of the vehicle on February 3rd?
MR. PROCTOR: No damage.
MR. LALLY: Now, Miss Gilman, if I could have photograph 7780. And sir, do you recognize what's up on the screen — and what's now been marked as Exhibit 560?
MR. PROCTOR: Yes, those are the two garage doors of Mr. O'Keefe's house.
MR. LALLY: And what's contained up on that screen — is that a fair and accurate portrayal of what you observed in Mr. O'Keefe's garage doors on February 3rd?
MR. PROCTOR: Yes.
MR. LALLY: And with respect to those garage doors, what if any damage did you observe on those doors?
MR. PROCTOR: I did not observe any damage to the garage doors.
MR. LALLY: Miss Gilman, you can take that down. Now, Trooper Proctor, subsequent dates following February 3rd — specifically February 8th, 11th, and 18th — did you have occasion to return to 34 Fairview Road on those days?
MR. PROCTOR: I did.
MR. LALLY: And you had mentioned a little bit about changes in the weather — what if anything evolved as far as the weather was concerned between the dates of February 3rd when you were there and February 8th, 11th, and 18th?
MR. PROCTOR: Yeah, as I mentioned, the weather pattern had kind of fluctuated from, you know, 30 degrees up to 60 degrees, with a handful of days of heavy rain mixed in, so that caused a lot of snow to melt as well.
MR. LALLY: And with respect to each of those respective days of February 8th, 11th, and 18th, what if anything did you observe or recover — you and the other Troopers that were present on those days?
MR. PROCTOR: Yeah, there was further evidence that was originally buried under the snow — because of the warm temperature and the rain and the snow melting, it kind of revealed itself — more pieces of plastic, clearly red.
MR. LALLY: Now with respect to the residence at — 34 Fairview Road — each of these times that you were at the residence, including February 3rd, where in relation to the house were these items observed and recovered by you and the other Troopers on those respective days?
MR. PROCTOR: So if you're looking at 34 Fairview, looking at the front of the house, it's the left side of the property, between like the flagpole and the fire hydrant in that general area — the front and left of the property.
MR. LALLY: Now with regard to these three subsequent dates — as far as February 8th, 11th, and 18th — the items that were observed and recovered on those dates, where were they in relation to the roadway? Where were they in relation to the hydrant and the flagpole and other markers in the area?
MR. PROCTOR: I don't — generally, I don't specifically remember exactly if they were around the flagpole, because the crime scene team had come and shoveled an area around, so that stuff had melted first because it was a lot less snow and then they created more piles. But as far as the general area, it was by the flagpole and fire hydrant — it wasn't like on the other side of the property, it was in that general area.
MR. LALLY: And just with respect to those items, were they generally found or were they specifically found either on the grass or the roadway area —
MR. PROCTOR: Grass is basically what I meant — I'm sorry. Grass area.
MR. LALLY: And with regard to each of those items that were recovered on those three successive dates — as far as February 8th, 11th, and 18th — did you bring those items with you to court today as well?
MR. PROCTOR: I did.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Do you recognize that bag, sir?
MR. PROCTOR: I do.
MR. LALLY: What do you recognize that to be?
MR. PROCTOR: It's an evidence bag containing three smaller evidence bags.
MR. LALLY: And with the court's permission — if you could hold on a second — thank you. Go ahead. With the court's permission, may the witness remove the three smaller bags from the larger bag?
JUDGE CANNONE: Yes.
MR. LALLY: Sure. If I could just — in succession — if I could ask you to please open the bag with respect to February 8th. And before you do that, I apologize — with respect to that bag, what if any indication is there as to the contents?
MR. PROCTOR: It says: "Tail light — one large piece of plastic, color red; one small piece of red plastic; and one piece of black plastic. Located 34 Fairview Road, front lawn, left side."
MR. LALLY: Thank you, sir. If you could please remove those.
JUDGE CANNONE: Sir, you can place those back. Okay.
MR. LALLY: Exhibit 563. Sir, if I could ask you to retrieve the bag of items that were seized on February 11th, and if you could read to the jury what the description is in regards to that evidence bag.
MR. PROCTOR: So these two are from the 11th. This one is described as "glass fragments — we can't tell how many pieces; it's been taped over." The second bag from the 11th says "three pieces of clear plastic, five pieces of red plastic."
MR. LALLY: And with the court's permission, may the witness remove those items from the bag?
JUDGE CANNONE: All right.
MR. PROCTOR: There's a smaller bag in here containing the glass — cut that open as well.
JUDGE CANNONE: I think that's sufficient. All right, so — are you moving to introduce it?
MR. LALLY: Yes.
JUDGE CANNONE: Any objection?
MR. JACKSON: I won't object, but I don't know what — go ahead and open it. This one?
JUDGE CANNONE: All right. These items appear to be just further sealed up and wrapped up. Do you want them to open everything? Mr. Jackson?
MR. JACKSON: Yeah — approach?
JUDGE CANNONE: Yes.
MR. JACKSON: Can't see that far.
JUDGE CANNONE: All right, go ahead — I don't need a — no.
MR. JACKSON: No objection.
MR. LALLY: How many pieces are there? One, two — seven?
JUDGE CANNONE: The smaller bag will be 564. Thank you. The brown bag will be 5 — — 65. [Exhibits 564 and 565 marked.]
MR. LALLY: Trooper, if you could open the other bag from the 11th and remove those items. Sir, if you could put those back. I'm moving to introduce those as the next exhibit — 565. Lastly, sir, with regard to the bag from February 18th — again, if you could read to the jury what's indicated as far as the contents.
MR. PROCTOR: Several pieces of red and clear plastic.
MR. LALLY: With the court's permission, may the witness — Thank you, sir. If you could return those items to the bag. Those are going to be marked as Exhibit 566. Now, Trooper, with regard to each of those items from February — 8th, 10th, and 11th — excuse me, forgive me — 8th, 11th, and 18th — those are all items that you recovered from the front lawn area of 34 Fairview Road, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what was just displayed to the jury — is that essentially the condition that they were in when you recovered them on those respective dates?
MR. PROCTOR: Yes.
MR. LALLY: Now, if I could turn your attention just briefly regarding the search warrants — in regards to the Ring video from Mr. O'Keefe's house — was that one search warrant or more than one search warrant that you did in respect to the Ring videos?
MR. PROCTOR: There was a second search warrant for the Ring videos for Mr. O'Keefe's house.
MR. LALLY: And if you recall, what was the general time frame that was asked for in that warrant — as far as from what date to what date?
MR. PROCTOR: The second one, I believe, was January 30th to the 3rd or the 4th. I believe it was. The first one was essentially from the 24th to the 29th.
MR. LALLY: Yes. Now with respect to the video that you received in regard to the first search warrant to Ring — what kind of information did you receive from Ring, as far as — beyond sort of the video itself — what if any other information did you receive as far as accounts or activity or anything like that?
MR. PROCTOR: It was just confirming that the user account was under Mr. O'Keefe's email. And then there was an Excel file where you kind of have to transcribe — so each video has about a 17-digit number associated with it, a unique identifier. You take that 17-digit number and you have to convert it using these Excel files to get the date and time.
MR. LALLY: Now with respect to what you received pursuant to the search warrant from Ring — was there any kind of activity log? And what I mean by that — what if any information did you receive as far as what sort of devices or how many different devices were able to access that footage?
MR. PROCTOR: I wasn't able to obtain an activity log of who was using the device, what device was accessing the system. You know, someone logging in — I was not provided with any record of who was logging in, or what — or time.
MR. LALLY: Now, are you familiar with the term — just as far as videos are concerned or electronic devices — what's referred to as a digital footprint?
MR. PROCTOR: Yes.
MR. LALLY: Now with respect to the Ring videos in totality that you received — and that you also viewed pursuant to the app on Mr. O'Keefe's phone — were there certain time periods where you would have expected to see video in which there was none?
MR. PROCTOR: Yes.
MR. LALLY: And can you describe for the jury sort of when those time periods were?
MR. PROCTOR: The Ring camera above Mr. O'Keefe's garage is pretty sensitive, so it does not have Ms. Read arriving back at Mr. O'Keefe's house — around 12:34 a.m. is approximately when she should have arrived. The only video — there's a gap from approximately 11:45 p.m. on the 28th to about 5:57 a.m. on the 29th — when Ms. Read is backing out — and never has her pulling into the garage. And there's also a second video of Ms. Roberts, Ms. McCabe, and Ms. Read looking at the broken tail light in the morning.
MR. LALLY: What if any follow-up or inquiry did you make of Ring in regard to those missing videos?
MR. PROCTOR: I've inquired several different times as far as if a video is deleted, is there some type of a record —
JUDGE CANNONE: Next question. I'll allow that.
MR. LALLY: Now as far as that term that you used before — as far as a digital footprint — can you explain to the jury what you understand that term to mean?
MR. PROCTOR: Essentially, a digital footprint is — if a video is created, it's going to leave some type of a record in the archives.
MR. LALLY: And what if any information did you receive from Ring as far as their video system is concerned in regard to a digital footprint?
MR. JACKSON: Objection. Not what anybody told you, but what you received—
JUDGE CANNONE: The objection is sustained. Strike that. We're going to strike that.
MR. LALLY: Upon your further inquiry of Ring, were you ever able to obtain any video from those specific sections where you anticipated video would be?
MR. PROCTOR: No.
MR. LALLY: Now, sir, if I could turn your attention to January 16, 2024 — do you recall that date?
MR. PROCTOR: I do not, sir.
MR. LALLY: At some point over the course of your investigation, were you made aware of forensic evidence in relation to the taillight housing that was introduced earlier as an exhibit?
MR. PROCTOR: Yes.
MR. LALLY: And with respect to that, at some point did you have occasion to meet with a Sergeant Brian Gallerani of the Needham Police Department?
MR. PROCTOR: Yes.
MR. LALLY: And where was that?
MR. PROCTOR: In the DA's office.
MR. LALLY: And who, if anyone else involved in this investigation — was Sergeant McKean with you there as well?
MR. PROCTOR: Yes.
MR. LALLY: And what, if anything, did Sergeant Gallerani do with respect to yourself and Sergeant McKean on that date in January of 2024?
MR. PROCTOR: Sergeant McKean and I voluntarily provided our DNA for comparison testing.
MR. LALLY: And again, taking me to my next point — that was a voluntary decision that both you and Sergeant McKean made as far as availing yourself — or availing — of that particular test?
MR. PROCTOR: Correct.
MR. LALLY: And as far as the testing — can you describe for the jury sort of how that sample was collected or how it was conducted?
MR. PROCTOR: Essentially it's just the swab of the mouth, under the tongue — with like, it's basically just like a little pad on a stick, and you get swabbed, and that's how the DNA or saliva is collected.
MR. LALLY: And as far as those samples that were collected from both yourself and Sergeant McKean on that particular day, where did they go from there, as far as you know?
MR. PROCTOR: It was my understanding they went to the FBI lab in Virginia.
MR. LALLY: And I'm sorry, but I should have asked just prior to that — as far as when they left from the room that you were in with Sergeant Gallerani, did you take those swabs, or did Sergeant Gallerani take those swabs, or where did they go?
MR. PROCTOR: Sergeant Gallerani took possession of those items.
MR. LALLY: Thanks. Now, sir, with reference — over the course of your investigation, you interviewed a number of different witnesses, correct?
MR. PROCTOR: Yes.
MR. LALLY: And were there witness interviews that were conducted outside of your presence, in the sense that you weren't there for those particular witness interviews?
MR. PROCTOR: Yes.
MR. LALLY: And each of the interviews that you're aware of, whether they were conducted by you or outside of your presence, were done — with the exception of the — done with more than one trooper present, correct?
MR. PROCTOR: Correct.
MR. LALLY: Now, with respect to those witness interviews that you were present for — from the witnesses that you spoke with, along with other troopers that were present with you — who, if any of those witnesses, had you met or did you know prior to the interview that you conducted?
MR. PROCTOR: Yes. So, of the witnesses that I had interviewed, the only individuals that I knew or had met prior to this investigation were Julie and Chris Albert and Colin Albert.
MR. LALLY: And how is it that you knew Julie Albert, Christopher Albert, and Colin?
MR. PROCTOR: So my sister Courtney — her friend growing up, Jillian, Julie's sister — my sister got to know Julie Albert, Julie Daniels maiden name, through a friend, Jillian. Julie married Chris Albert, so my sister got to know Chris through Jillian and Julie. And then years down the road, my sister had Julie babysit my nephew. She would — Julie would come from time to time and pick up my nephew from school, so that's how they kind of became friendly. And on occasion they would be over my sister's house or at my parents' backyard, and Julie and Chris and their kid Colin — and I would happen to be there.
MR. LALLY: You know, let me ask it this way: as far as where did you grow up?
MR. PROCTOR: Canton.
MR. LALLY: And did you graduate from Canton High School?
MR. PROCTOR: Yes.
MR. LALLY: And as far as any of the witnesses that you interviewed — even the Alberts that you were just talking about, Christopher, Julie, and Colin Albert — were they around the same ages as you, or went to high school with you at the same time?
MR. PROCTOR: No.
MR. LALLY: How much older than you would Julie and Chris Albert be?
MR. PROCTOR: At least 10 years.
MR. LALLY: And as far as Colin Albert, what's the age difference between yourself and him?
MR. PROCTOR: At least 20.
MR. LALLY: Is it fair to say — around this time of January 2022, do you know how old Colin was, or what level of school he was at at that point?
MR. PROCTOR: Senior in high school, I believe.
MR. LALLY: Is that something that you learned through this investigation, or something that you knew independent of it?
MR. PROCTOR: Something I learned through this investigation.
MR. LALLY: Now, obviously, you grew up in Canton, and your sister did as well?
MR. PROCTOR: Yes.
MR. LALLY: And your sister's name is Courtney, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what is the age difference between yourself and your sister Courtney?
MR. PROCTOR: She's two years older than me.
MR. LALLY: And how close are you and your sister?
MR. PROCTOR: She's probably one of my best friends. We talk about five or six times a day about anything and everything — mostly our children. And she has —
MR. LALLY: How many children does your sister have?
MR. PROCTOR: Two.
MR. LALLY: And about how old are they?
MR. PROCTOR: Ten and seven.
MR. LALLY: And you have children as well?
MR. PROCTOR: I do.
MR. LALLY: And how old are they?
MR. PROCTOR: Two and four.
MR. LALLY: Now, with respect to the conversations that you have with your sister about five or six times a day — how do you have those conversations? Is it a voice call, in person, text?
MR. PROCTOR: Everything. FaceTime, phone calls, text messages. We're always kind of keeping each other up to date on mainly our kids.
MR. LALLY: Now, as far as Julie and Christopher Albert — when did you interview them in relation to this investigation?
MR. PROCTOR: Sometime in February. I'd have to look at my report for the exact dates.
MR. LALLY: Sometime in, say, early to mid-February?
MR. PROCTOR: Yes.
MR. LALLY: Okay. And with respect to them, who if anyone else was present with you when you interviewed [unintelligible] — and do you recall where the interview took place?
MR. PROCTOR: Yes. It was at their home.
MR. LALLY: Now, prior to this date that you went over to interview Christopher and Julie Albert, had you ever been over to that house before?
MR. PROCTOR: No.
MR. LALLY: Had you ever been over to any home where Christopher and Julie Albert had resided, then or previously, prior to that day?
MR. PROCTOR: No.
MR. LALLY: Had Christopher or Julie Albert, to your knowledge, ever been over to your house?
MR. PROCTOR: No.
MR. LALLY: Now, with respect to Christopher and Julie Albert — and Colin Albert, we'll throw him in there as well — how would you sort of describe your relationship with them prior to January 29th, 2022?
MR. PROCTOR: I'd classify it as acquaintances.
JUDGE CANNONE: All right, Mr. Lally, why don't we take our lunch break.
COURT OFFICER: You are muted.
JUDGE CANNONE: Okay. Thank you. Counsel, approach? Sure.
COURT CLERK: ...back to session. You may be seated. Bring the witness in, please.
JUDGE CANNONE: Just be mindful — step up and remember. So, jurors, before we begin — Mr. Lally, as you approach the podium there — when I tell you that I strike something from the record, I know I've told you before, that means you're not to consider it. Okay, go ahead, Mr. Lally.
MR. LALLY: Thank you. Good afternoon, sir.
MR. PROCTOR: Good afternoon, sir.
MR. LALLY: So, with reference to — I believe before we broke we were talking a bit about Julie Albert and Chris Albert, correct?
MR. PROCTOR: Yes.
MR. LALLY: And how would you describe your relationship, if any, between Julie Albert and Christopher Albert prior to January 29, 2022?
MR. PROCTOR: Loose acquaintances — people that you knew.
MR. LALLY: — through your sister, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: Now, with reference to the occasions that you had said where you may have been at the same place at the same time — a family function or something like that — over what period of time are we talking about, and about how many different instances of that occurred over those years?
MR. PROCTOR: Like I mentioned, they've been at my house — it was either at my sister's home or at my parents' house — over the course of maybe 10 years. I might have been at the same function half a dozen times.
MR. LALLY: And at those times that you were at the same function a half a dozen times or so, how much interaction would you have with either Christopher Albert, or Julie Albert, or even Colin Albert, at those functions?
MR. PROCTOR: Just casual conversation — be cordial, just typical conversations, you know: hi, how's it going, things of that nature.
MR. LALLY: Now, with reference to these experiences, or relationships — or lack thereof — that you had with Christopher, Julie Albert, what, if any, conversations did you have with your supervisors, as far as superior officers in your unit, in regard to —
MR. PROCTOR: Explaining the connection through my sister to the Albert family.
MR. LALLY: And who did you explain that to?
MR. PROCTOR: That would be Sergeant Bukhenik, Lieutenant Fanning, and Detective Lieutenant Tully.
MR. LALLY: All right, Trooper, I'm going to ask you to keep your voice up — maybe approach the microphone a little closer. And just with respect to those disclosures, what specifically did you tell either Sergeant Bukhenik, Lieutenant Fanning, or Lieutenant Tully?
MR. PROCTOR: Basically, that the Alberts are my sister's friends, that I've had some functions with them, and the only kind of connection with the Albert family is through my sister.
MR. LALLY: And just when you say "the Alberts" — as far as who specifically within the Alberts are you talking about that had a friendship with your sister?
MR. PROCTOR: Julie, Chris, and their son Colin.
MR. LALLY: Now, with regard to the investigation that you were conducting, and the interviews that you conducted — what, if any, impact did those relationships have with regard to your interviews of them specifically, or the investigation in total?
MR. PROCTOR: Zero. Absolutely zero impact on this investigation.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm showing you a document. Do you recognize that?
MR. PROCTOR: Yes.
MR. LALLY: And what do you recognize it to be?
MR. PROCTOR: It's a text message thread labeled "Proctor Friends."
MR. LALLY: Now, over the course of your investigation — over the course of this case — are you aware that there were iCloud data that was obtained from your personal cell phone?
MR. PROCTOR: Yes.
MR. LALLY: And different text strings from that iCloud data from your personal cell phone, correct?
MR. PROCTOR: Correct.
MR. LALLY: And with respect to what has just been placed before you, is that an excerpt or piece from those particular messages?
MR. PROCTOR: It is.
MR. LALLY: And from the front page of that, can you tell the jury who are sort of the participants in this particular text communication?
MR. PROCTOR: The several numbers that are identified — the three that are under kind of nicknames my buddies have for each other.
MR. LALLY: Generally speaking, just as far as the participants in this text communication — who are these people to you, how do you know them, how long have you known them?
MR. PROCTOR: The members on this text thread are close friends from Junior High — first grade, even.
MR. LALLY: So people you've known for years, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And do any of them live within the general area at this time?
MR. PROCTOR: Some of them do, yes.
MR. LALLY: And some of them do not, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And the ones that do not, how far away do they live?
MR. PROCTOR: As far away as Tennessee.
MR. LALLY: Now, with reference to this — there's an indication as far as the first message sent or last message sent from this particular text chain, correct?
MR. PROCTOR: Could you repeat the question, please?
MR. LALLY: Sort of towards the middle of the first page — direct your attention to that area. Is there any indication as far as the first message sent and the last message sent with respect to this text chain on the first page?
MR. PROCTOR: Yes.
MR. LALLY: And what is indicated as far as the first message and the last message?
MR. PROCTOR: The first message is "I need to brandish a gun more often." The last is "Chip, name that BPD cop."
MR. LALLY: No — I'm sorry, sir, if I could direct your attention to the first page in this packet, page 2527. Do you see "Conversation Details"?
MR. PROCTOR: Sorry.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Okay, you see what I was talking about now?
MR. PROCTOR: I do, sir.
MR. LALLY: And from that area labeled "Conversation Details," there's a first message sent date and time, and a last message sent date and time, correct?
MR. PROCTOR: Yes.
MR. LALLY: Okay, what is the first message sent date?
MR. PROCTOR: It's 10/18/2021 at 8:48 a.m. The last message sent is 8/31/2022 at 11:19 p.m.
MR. LALLY: Is there also within that Conversation Details an indication as far as number of messages over that time frame within this communication?
MR. PROCTOR: There is.
MR. LALLY: And what is the listed number of messages?
MR. PROCTOR: It's 3,877.
MR. LALLY: And fair to say the packet that you have before you does not contain all 3,877 messages, correct?
MR. PROCTOR: That's correct.
MR. LALLY: The first message that you had alluded to — in reference to the first one listed within this communication — what date and time is that?
MR. PROCTOR: That was January 29th, 2022, at 10:36 p.m.
MR. LALLY: And who is that message from?
MR. PROCTOR: My friend who lives in Tennessee.
MR. LALLY: And what, if anything, did he send to the group?
MR. PROCTOR: "I need to brandish a gun more often."
MR. LALLY: And if you know, what is that in reference to?
MR. PROCTOR: He just recently moved to Tennessee, and he was kind of — I think making a joke — as in, kind of the lifestyle down there, where guns are more prominent, or more common to be carried around. So I interpreted that as a joke in that nature.
MR. LALLY: And the next message, sir, from that same page 2527 — the next one is bold, and is there a name associated with that number?
MR. PROCTOR: That's — no.
MR. LALLY: Do you know who that person is?
MR. PROCTOR: I don't.
MR. LALLY: And the next message, sir, from 10:52 p.m.?
MR. PROCTOR: "Chip, name that BPD cop."
MR. LALLY: And "Chip" — who is that referring to, sir?
MR. PROCTOR: That is one of my nicknames I've had since maybe high school.
MR. LALLY: A nickname that would be familiar amongst this group of friends in particular?
MR. PROCTOR: Yes.
MR. LALLY: And this time period, when these text messages begin sometime after 10:30 or 10:50 p.m. on January 29th — where are you, and what are you doing?
MR. PROCTOR: Around that time period, on the 29th, I'm home.
MR. LALLY: And that last text message — do you respond to that at approximately 10:53 p.m.?
MR. PROCTOR: Yes.
MR. LALLY: And what was your response?
MR. PROCTOR: "John O'Keefe."
MR. LALLY: And the next message down from there, also at 10:53 p.m.?
MR. PROCTOR: Yes.
MR. LALLY: "You took custody of a sister's kids" — that's your response?
MR. PROCTOR: Confirms.
MR. LALLY: There's another response above that, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And what does that say?
MR. PROCTOR: "How old."
MR. LALLY: And you respond as far as he took custody of a sister's kids, correct?
MR. PROCTOR: Correct.
MR. LALLY: Skipping down a couple — do you see an entry at 10:53:49 p.m.?
MR. PROCTOR: Yes.
MR. LALLY: And that's from a 617 number, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what is the response there?
MR. PROCTOR: "Oh man, that's rough."
MR. LALLY: And following that, do you respond to the earlier query as far as age?
MR. PROCTOR: I do.
MR. LALLY: And what did you say?
MR. PROCTOR: Mid-40s.
MR. LALLY: Now, the next message below that — as far as indication of mid-40s, what is that?
MR. PROCTOR: His age —
MR. LALLY: No, I understand that. I'm sorry — the next message underneath that, sir?
MR. PROCTOR: I'm sorry — it's a Facebook link.
MR. LALLY: And you recall what that Facebook link is to?
MR. PROCTOR: It's to John O'Keefe.
MR. LALLY: And is that something you sent, or one of your friends sent?
MR. PROCTOR: One of my friends sent.
MR. LALLY: And the next message below — — turning to page 2529 now, at the top there — what is the next message that was sent?
MR. PROCTOR: "Don't have the book anymore."
MR. LALLY: And as far as "the book," what did you understand that to mean? May I approach?
JUDGE CANNONE: Sure. audio disruption A 10-minute break. Okay, all right. audio disruption — break in progress audio disruption — break in progress
COURT OFFICER: Folks, you may stay. You are the witness. Back, please. [unintelligible]
JUDGE CANNONE: Proceed.
MR. LALLY: Yes. Trooper, if I can direct you back to page 2529 within that packet before you, and below that text stating "What's that? I don't have the book anymore" — you respond. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And what is it that you say there?
MR. PROCTOR: Uh, "This one is a nightmare. Forget about the kids. That's awful."
MR. LALLY: And sir, if I could direct your attention again within that same packet to 2532, and there's a message there sent at 10:56 p.m. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Who's that from?
MR. PROCTOR: A friend who lives in Tennessee.
MR. LALLY: And what does he say in that text?
MR. PROCTOR: "I'm sure the owner of the house will receive some shit."
MR. LALLY: And you respond at 10:56 as well as 10:57. Is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what is it that you respond?
MR. PROCTOR: My first response was "No. Nope." My homeowner is a Boston cop, too.
MR. LALLY: And what, if anything, were you saying — or what was the purpose of that text in regard to the home?
MR. PROCTOR: I was just letting him know that essentially O'Keefe is a Boston cop and the homeowner was a Boston cop as well.
MR. LALLY: Now if I could turn your attention to 2533 and the top of the page, sir. If you could read through that page as far as who's texting and what do they say.
MR. PROCTOR: Um, again, for my friend from Tennessee and myself. "I hope not, but I can't see it." I responded with "She waffled him." "I looked at his body at the hospital. He was banged up."
MR. LALLY: Now, as far as the next text from a 781 number, what does that say?
MR. PROCTOR: "Did he get beat up?"
MR. LALLY: And you responded to that. Is that correct?
MR. PROCTOR: I did.
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. As to form.
MR. LALLY: What, if any, response did you provide to that?
MR. PROCTOR: Nope.
MR. JACKSON: Objection.
JUDGE CANNONE: The objection was to the former question. Withdraw the answer — I'll strike it. Thanks.
MR. LALLY: Now, turn your attention to 2534, and from this page, sir, if you could again just read through as far as indicating to the jury who's speaking and what is being said, from the start of the first text.
MR. PROCTOR: "So — so the owner of the house — yes — so the owner of the house was a woman cop that beat him." That's what I initially thought, after talking to a Canton paramedic. Then I saw the guy.
MR. LALLY: And those last two are your responses. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Now the following text messages are from your friends. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: What do they say?
MR. PROCTOR: "What does 'she waffled him' mean? What's the story?" I responded: "She hit him with her car."
MR. LALLY: And "she" — that you're referring to there — who is that?
MR. PROCTOR: Miss Read.
MR. LALLY: Now, turning your attention to the next page, 2535. Again, if you could start at the top of the page and read through that page, and just indicate to the jury who is talking and what is being said.
MR. PROCTOR: Okay. My friend in Tennessee states: "Okay, that's fucked up." I respond: "Intentional or not." Then another response: "Gotcha. He was frozen in the driveway and she didn't see him, question mark." "That's another animal — we won't be able to prove." And then I respond: "They arrived at the house together."
MR. JACKSON: Objection.
JUDGE CANNONE: Overruled. But if I could say this, there needs to be an identifier of who's — and I understand what you think the mixup is. So Mr. Lally, go back.
MR. LALLY: Thank you. Sir, if you could please again start at the top of the page and just indicate —
JUDGE CANNONE: No, just — just after the "Gotcha, he was frozen in the driveway." Correct, Mr. Jackson?
MR. JACKSON: That's correct.
JUDGE CANNONE: Thank you.
MR. PROCTOR: I respond: "That's another animal, we won't be able to prove." I follow that up: "They arrived at the house together, got into an argument, she was driving and left." 781 number responds with: "What's the name of the Canton cop living in Canton, the other one?"
MR. LALLY: And how do you respond to that, sir?
MR. PROCTOR: There's several other messages before I issue a response.
PARENTHETICAL: [Sidebar — audio partially unintelligible]
MR. JACKSON: Objection. Again — bottom of the page.
JUDGE CANNONE: So it's not an objection, but Mr. Lally, why don't you point him — so, sir, at the bottom of page 2535, you have a response. Is that correct?
MR. PROCTOR: Correct.
JUDGE CANNONE: And what is that response?
MR. PROCTOR: "They arrived at the house together, got into an argument, she was driving and left."
JUDGE CANNONE: So it's going to be a matter you can address on cross. There has to be some accuracy. So I understand — so Mr. Lally, why don't you go point for your witness.
MR. LALLY: [unintelligible] — Lally link — uh — white out back — Proctor iCloud back group chat, Feb 2022. [unintelligible] — can I see what you have for a second, please?
JUDGE CANNONE: Yes, sure. Lally, it's on there. Why don't you go show your witness? Why don't you just read it, Mr. Lally, and tell us who you attribute it to.
MR. LALLY: So, sir, what I'm asking you about is the bottom of page 2535. Um — excuse me — 2535. You indicated "biffed him." Correct?
MR. PROCTOR: Correct.
MR. LALLY: What — what did you mean by that?
MR. PROCTOR: That Miss Read struck O'Keefe with her vehicle.
MR. LALLY: Now, sir, if I could direct your attention to page 2537. Now, do you see a response toward the bottom of the page from yourself, January 29, 2022, at 11:04 p.m.?
MR. PROCTOR: Yes. And can you read that response to the jury? "Yeah, but there'll be some serious charges brought on the girl."
MR. LALLY: And what did you mean by that, sir?
MR. PROCTOR: That throughout the course of the day we had compelling evidence that Miss Read struck O'Keefe with her vehicle.
MR. LALLY: And you have two responses from friends — same friends — at the bottom of that page 2537. Is that correct?
MR. PROCTOR: That's correct.
MR. LALLY: And what are those responses? Keep your voice up loud, please.
JUDGE CANNONE: Trooper Proctor, the jury can hear you.
MR. PROCTOR: Yes. [unintelligible] — number ending in 5051: "Got to be — I can only imagine what internal fears of the BPD are trying to get out there." The second response, same number: "She's hot, at least."
MR. LALLY: And turning your attention to the next page, 2538, at the top — if you could read a series of responses from yourself.
MR. PROCTOR: Yes, sir. So these came from me: "From all accounts, he didn't do anything wrong. She's a wack job — C-U-N-T."
MR. JACKSON: Objection.
JUDGE CANNONE: So don't spell it — you have to. So, these are your words, Trooper Proctor?
MR. PROCTOR: Yes.
JUDGE CANNONE: Go ahead and say them.
MR. PROCTOR: "Cunt." Uh — yes — "She's a babe — with a Fall River accent, though — no ass."
MR. LALLY: And sir, what is it that you were referring to there? Why would you text them?
MR. PROCTOR: These were — "from all accounts he didn't do anything wrong" is talking about the homeowner, Mr. Albert. I had mentioned the compelling evidence against Miss Read. At this point I indicated that Mr. Albert had nothing to do with Mr. O'Keefe's death. The rest of the unprofessional and regrettable comments are something I'm not proud of, and I shouldn't have wrote — in a private or any type of setting.
MR. LALLY: Sir, at some point, if I could turn your attention to page 2540 — and there's a photograph that's shared within this text communication. Is that correct?
MR. PROCTOR: Yes, sir.
MR. LALLY: And does it indicate who shared that photograph, from the prior page?
MR. PROCTOR: Possibly the number ending in 5051.
MR. LALLY: And who is depicted in that photograph that was shared within the group text?
MR. PROCTOR: It's Miss Read being escorted out of the State Police Milton barracks.
MR. LALLY: And these are all from February 1st of 2022, around that time frame. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Now, sir, if I could direct you to page 2543, and sir, if I could direct you to the top of the page and ask you to read through that page, indicating who's speaking and what the content of those communications.
MR. PROCTOR: Okay. Number ending in 4146 — question: "Is that thick or smoke?" Again, 4146 — question mark. I respond: "Eh." I respond again: "Not bad, as Chief would say." I also respond with: "She's got a leaky balloon knot, leaks poo."
MR. LALLY: And what, if anything, is that in reference to?
MR. PROCTOR: Again, to Miss Read — some medical conditions there. Again, unprofessional comments I should not have made, that I'm not proud of.
MR. LALLY: As far as attitudes expressed within these text messages and other text messages — what, if any, impact did that have as far as your investigation was concerned?
MR. PROCTOR: Regarding this — yeah, these juvenile, unprofessional comments have zero impact on the facts and the evidence and the integrity of this investigation. These are unprofessional comments, but they absolutely do not detract from the integrity of the investigation or the facts and evidence of it.
MR. LALLY: May I approach?
JUDGE CANNONE: Just approach. Yes.
MR. LALLY: Now, Trooper Proctor, staying within — we've seen text messages amongst yourself and a variety of different people, from that same sort of iCloud era of your personal phone. Correct?
MR. PROCTOR: Correct.
MR. LALLY: And among those, are there communications that you had with members of the Canton Police Department?
MR. PROCTOR: Yes.
MR. LALLY: And how would you characterize — what was the general content of communications that you had with members of the Canton — ?
MR. PROCTOR: One communication was to coordinate interview times for firefighters and police officers and to set up a conference room where those interviews could be conducted. Obviously, the presence of Canton detectives or any police officers were not going to be sitting in on these interviews. Another communication was to inquire of relevant security videos that are in the area. Their local department, they know the area very well, so I reached out and asked if there's some good cameras in the area that I had kind of interest in.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you another document. Do you recognize that?
MR. PROCTOR: Yes, I do.
MR. LALLY: What do you recognize that to be, sir?
MR. PROCTOR: Text communications between my sister and I.
MR. LALLY: That's your sister Courtney, is that correct?
MR. PROCTOR: That's correct.
MR. LALLY: And similar to what I'd asked you about the prior packet, as far as a first message sent date and time, last message sent date and time — what is indicated on this, the first date, first message sent date and time?
MR. PROCTOR: December 10th, 2021 at 9:33 p.m.
MR. LALLY: Last message sent?
MR. PROCTOR: 8/30/2022 at 8:48 p.m.
MR. LALLY: And 8/30 — that's August 30, is that correct?
MR. PROCTOR: I'm sorry, yes. August 30th, 2022.
MR. LALLY: And similarly to the other messages, is there an indication as far as how many number of messages were sent between yourself and your sister over that time period?
MR. PROCTOR: 2,865.
MR. LALLY: And fair to say that the documents in front of you do not contain 2,865 messages?
MR. PROCTOR: Correct.
MR. LALLY: Now, just in reference to the first message on page 2662, the first page in this packet — do you see that from December 10th of 2021 at approximately 9:33 p.m.?
MR. PROCTOR: Yes.
MR. LALLY: And what does that indicate?
MR. PROCTOR: A text message from my sister.
MR. LALLY: What does it say?
MR. PROCTOR: "I called earlier — Dolph earlier — and Mom was puking in the background."
MR. LALLY: And do you recall what that was in regard to?
MR. PROCTOR: The sounds of — my mother had the stomach bug.
MR. LALLY: And sir, if I could direct your attention to page 2667 — these are text messages from January 29th, 2022, between yourself and your sister Courtney, correct?
MR. PROCTOR: Correct.
MR. LALLY: And if you could read from the top of the page through the end, and please indicate to the jury as far as who's talking and who's saying what.
MR. PROCTOR: So I texted my sister at work: "What's up?" She responds: "What? Why?" I respond: "Just found a frozen to death on a front lawn in Canton this morning." Actually, "just interviewed Jen McCabe, said she knows you."
MR. LALLY: And "she knows you" — who are you referring to?
MR. PROCTOR: My sister.
MR. LALLY: And how did your sister respond to that?
MR. PROCTOR: "Cut the shit." I responded — there was a typo correction — "you." She responded: "Yeah, she knows Jack very well. She's really good friends with Julie." My sister continues: "Her sister is married to Brian Albert." My sister asked: "You still work? Question mark." I say: "Yeah, yeah, going to be out for a while — homicide."
MR. LALLY: And as far as your communications that you had with your sister at this time, the afternoon of January 29th — what were those in regard to, or why were you communicating that to your sister?
MR. PROCTOR: At that time it was just kind of in the news. I was just kind of letting her know, as I was working. I didn't share anything specific. I wouldn't share anything specific on cases with my family or anyone. It was just kind of an overall innocent conversation.
MR. LALLY: Now turning your attention to the next page, 2669 — again, if you could read from that page as far as who was talking and what the content is.
MR. PROCTOR: All right. My sister starts off: "The Canton thing is a homicide." I respond — this is at 3 in the afternoon on the 29th — "Don't say a word to anyone." She says: "Of course not." I respond: "In the very least it's suspicious." She responds: "This is your livelihood." And then: "I would never mess with that." 3:07 I respond: "Julie and Chris were at the bar with the victim and girlfriend, got to interview them."
MR. LALLY: Let me direct your attention to page 2672. These are messages from February 1st, 2022, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And the one at the top starts at about February 1st, 5:57 p.m., is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And again if you could read through as far as who's speaking and what the content of those messages are.
MR. PROCTOR: I texted my sister: "What's up?" She responded: "Nothing. I just saw Julie and she said when this is all over she wants to get you a thank you gift." And I respond: "Get Elizabeth one." Elizabeth's my wife. My sister responds: "Because I guess her and Chris were friends with John and she's so proud of you for leading this." And then she writes: "Elizabeth? Question mark." I respond: "She's been stuck with the kids for the last 10 nights." My sister responded: "Yeah, but she knew what life is like married to a cop."
MR. LALLY: And sir, as far as the gift that's mentioned, as far as Julie Albert — is that anything that you have received at any point in time?
MR. PROCTOR: I never received a gift. I never asked for a gift. My wife never received a gift. She never asked for a gift.
MR. LALLY: So how would you describe this context of this conversation, or why that's being discussed at this time?
MR. PROCTOR: Again, I don't know the thought process of my sister and Julie as far as bringing that idea of a gift into play. Like I said, I didn't ask for one, I never received one, and the same with my wife.
MR. LALLY: Sir, if I could direct your attention to page 2676, and again if I could ask you to start at the top of the page and read through and just indicate as far as who is speaking and what they're talking about.
MR. PROCTOR: I start out: "We write like eight to 12 warrants on each case." My sister responded: "Oh, I have no idea what the hell you do or how it works." I responded — [unintelligible timestamp] p.m. — "I'm starving, but I also just want to go home. Thanks, though." My sister responds: "Yeah, but is dinner going to be waiting?" She responded with: "Haha." And then I responded: "Yep." And then my sister responded: "Okay, it's fine. Mom and I just don't want to go home."
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I approach witness. Yes. Another document, sir — do you recognize that?
MR. PROCTOR: Yes, I do.
MR. LALLY: And what do you recognize that?
MR. PROCTOR: These are private messages between my wife and I.
MR. LALLY: And again, what is your wife's name?
MR. PROCTOR: Elizabeth.
MR. LALLY: And what, if anything, does that indicate as far as dates and times and number of messages involved?
MR. PROCTOR: Okay, so the first message sent: 5/20/2022 at 6:09 p.m. The last message sent: 8/31/2022 at 9:16 p.m.
MR. LALLY: And what, if any, indication does it give as far as number of messages within that text chain?
MR. PROCTOR: 1,632.
MR. LALLY: And of those 1,632, there's one message that's listed on that — is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what is the date and time of that message, and what does it say, and who is speaking?
MR. PROCTOR: This is me speaking, on June 9th, 2022, at 4:56 p.m. I text my wife: "Waiting to lock this whack job up."
MR. LALLY: And what are you referring to in that text, sir?
MR. PROCTOR: I'm referring to the arrest, after Miss Read was indicted by the grand jury.
MR. LALLY: And again, as far as the terminology you use in that text message to your wife — why?
MR. PROCTOR: Again, unprofessional messages I should not have sent. I don't have an explanation other than they're regrettable. Something I'm not proud of — the language I used.
PARENTHETICAL: [sidebar]
JUDGE CANNONE: Can I have a moment with counsel?
PARENTHETICAL: [sidebar]
MR. LALLY: May I approach to retrieve?
JUDGE CANNONE: Yes. Right — so Trooper Proctor, the jurors can't hear you, so speak directly into your microphone the way I'm doing. Okay?
MR. PROCTOR: Yes. audio issue — microphone muted/unmuted
MR. LALLY: Unmuted now. Trooper Proctor, are you familiar with conversations within the same iCloud communications from your personal phone, with colleagues of yours at the State Police?
MR. PROCTOR: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. May I — witness?
JUDGE CANNONE: Yes.
MR. LALLY: On the document, sir — before I get into that, though, if I could turn your attention back to some of the comments on the language used in the January 29th and February 1st — or 2nd — text communications among your friend group. With reference to that particular time frame and the language that you used, what sort of information had you gathered to that point, and why would you say or use that particular language, particularly in your descriptions of the defendant?
MR. PROCTOR: Okay, this is — you know — 16, 18 hours later, and we conducted multiple interviews.
JUDGE CANNONE: Speak up.
MR. PROCTOR: Conducted multiple interviews. We knew Mr. O'Keefe never went into Fairview Road. We knew there was one shoe at the scene. When she was at the hospital — [unintelligible] — based off Mr. O'Keefe's injuries, Miss Read's statements when [unintelligible] and I interviewed her, her broken tail light, the missing tail light, some tail light pieces found at the scene — the compelling evidence pointing directly at Miss Read that she struck Mr. O'Keefe with her vehicle led me to make those comments. Whether — like I said, they weren't professional comments — but based on the day's investigation, it was clear that Miss Read had struck Mr. O'Keefe with her vehicle.
MR. LALLY: Sir, if I could turn your attention to the documents before you. Do you recognize those?
MR. PROCTOR: I do.
MR. LALLY: And as far as the participants in that particular conversation, who are the participants listed there?
MR. PROCTOR: It's Trooper David DiCicco and myself.
MR. LALLY: And Trooper DiCicco and yourself both work within the same unit with the State Police, is that correct?
MR. PROCTOR: That's correct.
MR. LALLY: And beyond the professional relationship — between yourself and Trooper DiCicco — how would you characterize your relationship generally speaking?
MR. PROCTOR: We're buddies. You know, we golf together, hang outside of work — our kids play together. — you know, friends.
MR. LALLY: Now, within the — again, as far as the first message sent date and time and last message sent date and time within this conversation, if you could describe that for the jury.
MR. PROCTOR: First message sent date and time: March 17, 2022, 11:08 a.m. Last message sent date and time: August 18, 2022, 6:08 a.m.
MR. LALLY: And again, the number of messages listed within this text chain?
MR. PROCTOR: 87.
MR. LALLY: And fair to say the documents before you do not contain 87 text messages, is that correct?
MR. PROCTOR: That's correct.
MR. LALLY: Sir, now just in general terms, if you have an opportunity to just look at the first couple of pages there — fair to say those are just sort of jokes that you have going back and forth between yourself and Trooper DiCicco? Is that fair to say?
MR. PROCTOR: Yes.
MR. LALLY: Now if I could turn your attention specifically to page 2632 — and these are text messages starting on April 8, 2022 at 10:52 in the morning, is that correct?
MR. PROCTOR: I'm sorry, what was the time again, sir?
MR. LALLY: April 28, 2022, 10:52 a.m.
MR. PROCTOR: Yes, correct.
MR. LALLY: And again, sir, with reference to this page, if you could read the content to the jury and please indicate whom is speaking at each respective time.
MR. PROCTOR: Okay. I say: "Without a doubt. He's got diarrhea of the mouth too." Trooper DiCicco: "Rookie move — not getting into a meeting with the ME and getting that homicide determination." I respond: "Yuri and I had two conference calls with her, sent her numerous photos, etc. We laid out the entire case for her." Trooper DiCicco responds: "Not good enough — should have had me or Jeff do it." I respond: "If you two did it, she would have made it accidental or natural causes."
MR. LALLY: And can you explain the context of those communications, or what exactly is it that you and Trooper DiCicco are talking about in that communication?
MR. PROCTOR: Okay, so the ME is the medical examiner. They conducted the autopsy of Mr. O'Keefe. Our office — it's kind of a little bit of a locker room — [unintelligible]
JUDGE CANNONE: Can't hear you — way back where the court officer is standing.
MR. PROCTOR: So, like I said, the ME stands for medical examiner. They conducted the autopsy of Mr. O'Keefe. I'll address the conference calls — Sergeant Bukhenik and I had with the medical examiner. The doctor had some questions as to the facts and evidence, kind of what transpired — which is common. You know, even if it's a homicide, I've had many calls with the medical examiner's office — even if it's a suicide or overdose — almost always — I wouldn't say almost — always with a homicide, the doctor wants to know what transpired. Trooper DiCicco and myself, we kind of like to bust each other's chops, go back and forth. So that's what he meant by saying "rookie move — not going into a meeting with the ME and getting that homicide determination." The original determination came back —
JUDGE CANNONE: Sustained. Next question, Mr. Lally.
MR. LALLY: Now, as far as attending the autopsy — is that something that typically someone within your office would do, within your unit, with regard to any sort of death investigation?
MR. PROCTOR: Yes.
MR. LALLY: And do you know who attended the autopsy of Mr. O'Keefe in this specific case?
MR. PROCTOR: [unintelligible]
MR. LALLY: And so as far as Trooper DiCicco's reference to you not going in — or Sergeant Bukhenik not going in — is that what you believe Trooper DiCicco was referring to with that message?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained as to the form.
MR. LALLY: You indicated that you and Trooper DiCicco bust each other's chops — is that fair to say?
MR. PROCTOR: Yes.
MR. LALLY: And can you describe a little more — expound upon that — as far as the nature of your relationship and sort of the text messages that you exchange in this and other communications that you have?
MR. PROCTOR: Basically just, you know, kind of needling each other — and him doing that is by saying — texting me "rookie move" — not going into a meeting with the medical examiner. So that's a perfect example of him kind of just needling me, which we do on a daily basis.
MR. LALLY: And as far as your interpretation of that, did you interpret that as a serious comment, or something said in jest?
MR. PROCTOR: I interpreted that as a typical joke from Trooper DiCicco.
MR. LALLY: May I approach to retrieve?
JUDGE CANNONE: Yes. For —
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. ada lally hands witness new documents
MR. LALLY: Do you recognize those?
MR. PROCTOR: Yes. Text messages between myself and Trooper DiCicco.
MR. LALLY: And again, what is the first message sent date and time, last message sent date and time, and number of messages contained therein?
MR. PROCTOR: First message sent date and time: April 28, 2022, at 1:09 p.m. Last message sent date and time: April 28, 2022, 4:45 p.m. And the number of messages: four.
PARENTHETICAL: [extended bench conference — inaudible]
PARENTHETICAL: [audio feedback — inaudible]
JUDGE CANNONE: [unintelligible] [unintelligible]
MR. LALLY: And if you could read the content of those messages — please indicate who is speaking.
MR. PROCTOR: So I say: "Of course it's undetermined — she was a whack job." Trooper DiCicco responds: "Dear God, WTF — what the hell is inconclusive about the whole thing?"
MR. LALLY: And as far as your indication there — "she was a whack job" — who are you referring to?
MR. PROCTOR: Miss Read.
MR. LALLY: Now, as far as the "undetermined" — what is the content or context of this conversation?
MR. PROCTOR: That would be the manner of death — determined to be undetermined by the medical examiner's office.
MR. LALLY: And so I ask you again — as far as your reference there on the bottom of the first page, "she was a whack job" — whom do you believe you're referring to: Miss Read, or the medical examiner?
MR. PROCTOR: Miss Read.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. For —
MR. JACKSON: May I take just a second to approach briefly on this?
COURT OFFICER: You are unmuted.
MR. LALLY: Yes — they're handing you another set of documents. View those and look up when you're finished. Do you recognize those, sir?
MR. PROCTOR: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MR. PROCTOR: Another text thread between myself, Trooper DiCicco, and Trooper Kakowski.
MR. LALLY: And Trooper Kakowski is another Trooper within your unit in the State Police, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And again, if you could read from the first message sent date and time and the last message sent date and time.
MR. PROCTOR: First message sent date and time: May 24, 2022, 9:21 p.m. Last message sent date and time: August 24, 2022, 4:56 p.m.
MR. LALLY: And as far as the number of messages indicated within this text chain between yourself, Trooper Kakowski, and Trooper DiCicco — 494. Fair to say the documents before you do not contain 494 text messages, correct?
MR. PROCTOR: Correct.
MR. LALLY: Just reference to that first page, 2635. First message sent — that's May 24th, 2022, around 9:21 p.m. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: That's a message sent from Trooper Kakowski, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: And what is that?
MR. PROCTOR: Uh, appears to be a picture of a toy Santa Claus.
MR. LALLY: Now, sir, if I could direct your attention to page 2644. If I could direct you to the bottom of the page, sir — do you see the text from yourself at June 9, 2022, at 11:19 p.m.?
MR. PROCTOR: Yes. Very bottom of the page. [unintelligible]
MR. LALLY: May I approach just to point it out?
JUDGE CANNONE: Yes.
MR. PROCTOR: Yeah, I see it, sir.
MR. LALLY: Okay. If you could read what you wrote on June 9, 2022, around that time, sir.
MR. PROCTOR: "If you like women who shit themselves."
MR. LALLY: Again, sir — what is it that you're referring to there?
MR. PROCTOR: Um, again, a regrettable comment I made about Miss Read's medical condition.
MR. LALLY: Now, if I could direct you to the following page, 2645. And again, if you could read from that page — indicate to the jury who is speaking and what is being said on page 2645.
MR. PROCTOR: I'm speaking right now. The statement: "She made — at tonight at [unintelligible] was mental. Thank Christ it was on BWC," which is body-worn camera. Trooper Kakowski responds: "That's her smoke." Trooper Kakowski again: "What she say?" I respond: "Said the Alberts beat the shit out of O'Keefe, left him for dead. That's why her taillight was cracked. She's gross." Trooper DiCicco: "Oh, fuck her, bitch."
MR. LALLY: Thank you, sir. Retrieving documents. With reference to that last bit — as far as June 9th, 2022 — what was going on that day in reference to this matter?
MR. PROCTOR: Again, uh, Miss Read was being processed at the Milton Barracks.
MR. LALLY: Thank you. May I have just a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. ada lally approaches with another set of documents.
MR. LALLY: Do you recognize those?
MR. PROCTOR: I do.
MR. LALLY: What do you recognize those to be?
MR. PROCTOR: Another text thread with members from my office — troopers.
MR. LALLY: And who are the troopers that are listed within that?
MR. PROCTOR: Uh, Trooper Chris Moore, Trooper Jeff Kakowski, uh, Lieutenant John Fanning, Trooper Dave DiCicco, and Sergeant Yuri Bukhenik.
MR. LALLY: And what is the first message sent, date and time?
MR. PROCTOR: Uh, that would be 5/26/2022 at 8:19 p.m.
MR. LALLY: Last message sent, date and time?
MR. PROCTOR: 8/26/2022, 5:36 p.m.
MR. LALLY: And what is listed as far as the number of messages within this chain?
MR. PROCTOR: 651.
MR. LALLY: And fair to say the documents before you do not contain all 651 of those messages within this chain, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: Now, sir, if I could direct your attention to page 2682. Do you see a message sent from Trooper DiCicco on August 17th, 2022, at 9:42 p.m.?
MR. PROCTOR: Yes.
MR. LALLY: And is that an image contained on the next page, which is 2683?
MR. PROCTOR: Yes, it is.
MR. LALLY: And what is the image of?
MR. PROCTOR: Uh, that is a picture of Mr. Yannetti. Appears to be from quite some time ago.
MR. LALLY: Now, turning your attention to the next page, 2684. There's a response from you, August 17, 2022, at 9:44 p.m. Is that correct?
MR. PROCTOR: Sorry, sir — the date and time again, please.
MR. LALLY: Sure. Page 2684, 8/17/2022, 9:44 p.m.
MR. PROCTOR: Yes. You see there's sort of three responses from me.
MR. LALLY: If you could just read the three responses from yourself, sir.
MR. PROCTOR: Okay. So these came from me: "Funny — I'm going through his retarded client's phone." "No nudes so far." "I hate that man. I truly hate him."
MR. LALLY: Now, with reference to the investigation at this point — you're talking about "his client's phone" — who are you referring to?
MR. PROCTOR: Miss Read.
MR. LALLY: And with regards to the phone at that point, can you describe for the jury what was going on during this time period of August 17, 2022, in regard to Miss Read's phone?
MR. PROCTOR: So, after obtaining a search warrant for Miss Read's phone, we weren't able to extract any data from it until August of 2023. Troopers in my office knew I was going through the phone that evening. I was most interested in location data, text messages, Google searches. Um, that was the update I gave the troopers in the office. It was a distasteful joke — I should have given a proper update instead of that. Um, I wasn't able to go through the phone as thoroughly as possible because I came across some text between an attorney and Miss Read, so I had to stop going through her phone, and I made my supervisors aware of those communications.
MR. LALLY: Now, just in reference to what you had just said — this is in August of 2022, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: So, after a search warrant is obtained for the defendant's phone, where did it go from there?
MR. PROCTOR: Trino, um, essentially hooks it up to a device called GrayKey, where he tries every possible combination of passcodes in order to access the data contained in the phone.
MR. LALLY: And at that time, when you retrieved it pursuant to the search warrant, you didn't have the passcode to the defendant's phone, is that correct?
MR. PROCTOR: Correct.
MR. LALLY: So that device is designed to sort of go through numbers and try to find a combination to get into the phone, correct?
MR. PROCTOR: Correct.
MR. LALLY: And so, from the time that you had seized it in late January — or on January 29th, 2022 — until this date in August of 2022, had you been able to get into the phone or see anything in the phone in those intervening seven months between January and August?
MR. PROCTOR: No.
MR. LALLY: And so then, at this time that you're sending this text message in August of 2022, is that around the time that you were first able to access the phone? Objection.
JUDGE CANNONE: I'll allow it.
MR. PROCTOR: Yes, that was the first time we were able to have access to the phone.
MR. LALLY: And with reference to your access to the phone — were you looking for nudes or anything like that in regard to the defendant? Objection.
JUDGE CANNONE: I'll allow it.
MR. PROCTOR: No. I stated I was most interested in Miss Read's location data, text communications, Google searches — things of that nature — more evidence contained within the phone.
MR. LALLY: And so, sir, you mentioned at some point you came across some information that caused you to sort of freeze your looking through the phone, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And so, as far as that specific time period in August of 2022 — when was the next time that you or any troopers from your office were able to actually look at any extraction of the defendant's phone?
MR. PROCTOR: So, once I came across that text communication that took place on the 29th between Read and an attorney, the phone had to be sent off to what they call a taint team to remove any attorney-client privilege information from the phone. And then it would be returned to us — as well, the defense received a copy as well. Uh, I'm not positive on the time — it was quite a long turnaround for that process to be completed. Sometime at least in the spring or summer of 2023.
MR. LALLY: Is that about right?
MR. PROCTOR: That sounds about right.
MR. LALLY: May I approach to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: One moment. Retrieving documents. Thank you, sir. I have no further questions.
JUDGE CANNONE: All right. So I'm going to see you at sidebar so I don't interrupt your cross.