Commonwealth v. Read — Trial ArchiveNicholas Barros — Direct
176 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
NICHOLAS BARROS, sworn
JUDGE CANNONE: All right. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. BARROS: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury.
MR. BARROS: Nicholas Barros, B-A-R-R-O-S.
MR. LALLY: And how you employed, sir?
MR. BARROS: With the Town of Dighton.
MR. LALLY: And what, if any, role or what do you do for the Town of Dighton?
MR. BARROS: I'm a police sergeant for the police department.
MR. LALLY: And how long in total have you been a member of the Dighton Police?
MR. BARROS: In total, I started in 2011. Fourteen years this December.
MR. LALLY: And how long have you had the rank of sergeant with the Dighton Police?
MR. BARROS: A year anda half.
MR. LALLY: Now, if I could direct your attention to January 29, 2022. Do you recall that date?
MR. BARROS: I do.
MR. LALLY: And were you working that date?
MR. BARROS: I was.
MR. LALLY: And do you recall what kind of shift you were working on that occasion?
MR. BARROS: I was working the 8:00 to 4:00, the dayshift.
MR. LALLY: And was that the only shift that you had worked on that occasion or how long had you been on shift by the time you came on for the 8:00 to 4:00?
MR. BARROS: That particular day, I was working from 8:00 a.m. to midnight. I was on a double.
MR. LALLY: Now at some point when you first came in, with reference, if you could explain to the jury just briefly or in general terms, when you come on shift for the Dighton Police, what, if any, communication - Well, first and foremost, what was your role as far as that particular shift was concerned?
MR. BARROS: I was the officer in charge that day from 8:00 a.m. to midnight. When I came in at 8:00 a.m., the outgoing shift, the midnight to 8:00 shift, had advised me that a resident had called the police station on a 911 call requesting a ride to Brockton Hospital to meet his daughter due to her daughter's boyfriend passing away, and he needed a ride due to the snowstorm.
MR. LALLY: And then as your shift continues, what, if any, further contact or who, if anyone, reached out to you in regard -- in regard to that earlier situation?
MR. BARROS: Later on, I believe it was around 2:30 in the afternoon, I received a phone call from the Norfolk District Attorney's Office with the troopers assigned there, and they had stated that they were going to come to Dighton to retrieve a vehicle that was involved in a homicide.
MR. LALLY: And did they give you a specific address as far as where they were going?
MR. BARROS: I believe the address was 345 Country Hill Drive in Dighton, North Dighton.
MR. LALLY: And with regard to that address, what, if anything, did you recognize between that and the earlier call that you were just speaking of?
MR. BARROS: That was the address that came up on the 911 call when that gentleman had called earlier on the prior shift.
MR. LALLY: And at some point, did you come to find out who the residents were at that address on Country Hill Lane?
MR. BARROS: I did.
JUDGE CANNONE: Okay.
MR. LALLY: And who did you find them to be?
MR. BARROS: It was the Read residence.
JUDGE CANNONE: All right. So, Sergeant, I'm going to ask you to keep your voice up, and, Mr. Lally, you, too. Okay.
MR. LALLY: And the Read residence, was that a William and Janet Read; is that correct?
MR. BARROS: Correct.
MR. LALLY: Now, as far as you received that call at about 2:30. Do you know specifically who you spoke to around 2:30 in the afternoon?
MR. BARROS: Trooper Michael Proctor.
MR. LALLY: And as far as that earlier information that you were talking about with the 911 call, what, if anything, from that did you in part to Trooper Proctor?
MR. BARROS: I advised Trooper Proctor that we did receive a 911 call on the midnight to 8:00 shift about the resident looking to get a ride to Brockton Hospital.
MR. LALLY: And during that initial call, how was it sort of left as far as what, if anything, you were going to provide as far as assistance or with regard to the troopers on that first call?
MR. BARROS: On the first call, the troopers had just asked me if I could meet them at that residence as a courtesy Since they were coming into my jurisdiction.
MR. LALLY: And what, if anything, did they indicate to you as far as where they were or when they felt they would be arriving in that area?
MR. BARROS: Trooper Proctor advised me that they were heading, I believe, from Canton, and once they were about ten minutes away, they would recontact me so that I could meet them at the residence.
MR. LALLY: And subsequently later in that afternoon, did you receive further contact from Trooper Proctor?
MR. BARROS: I did.
MR. LALLY: And do you know about what time that was?
MR. BARROS: I believe the first phone call was around 3:00 p.m. that he called me and said they would be there in about ten minutes.
MR. LALLY: And upon receiving that call, what, if anything, did you do?
MR. BARROS: I had contacted -- Trooper Proctor had asked me to contact our tow company to have them meet us at the residence as well, and I said once I hung up with him, I would contact the tow company and then respond to that address on Country Hill Drive.
MR. LALLY: Is there a specific tow company that the Dighton Police uses with regard to towing vehicles within the town?
MR. BARROS: During that period, it was Diamond Towing.
MR. LALLY: And so did you contact someone at Diamond Towing in reference to responding to that address as well?
MR. BARROS: I did. I contacted the owner and he responded.
MR. LALLY: Now as far as that area of Dighton, if you could explain to the jury sort of what you observed as you were coming down towards that residence on that date?
MR. BARROS: So when I responded to that address, the address is -- that street is off of 138. When I turned onto Country Hill Drive, I was traveling west. When I arrived on that street, I observed a black pickup truck parked on the street facing east. I was flagged down by that black pickup truck by the driver and was told that they were the troopers that I had spoke to - Trooper Michael Proctor and the other sergeant.
MR. LALLY: The sergeant that left the room as you were coming in?
MR. BARROS: Correct.
MR. LALLY: And what, if any, identification did they provide to you in reference to that?
MR. BARROS: They showed me their ID and their badges.
MR. LALLY: And then from there, where did -- where did you proceed?
MR. BARROS: I had parked my marked police vehicle at the end of the driveway since it was a snowstorm and we could not get into the driveway, and then we walked up to the residence.
MR. LALLY: And so when you say it was a Snowstorm and we couldn't get into the driveway, can you expound upon that a little as far explain to the jury why it was that you couldn't get in the driveway?
MR. BARROS: It was about a foot of snow in the driveway.
MR. LALLY: As far as that snow that you observed when you arrived there, was that snow -- how did that snow appear as far as -- did it appear is if it had been shoveled or snow blown or untouched or how did it appear?
MR. BARROS: It was untouched.
MR. LALLY: Now as you're going through the snow, and correct me if I'm wrong, but it's yourself, Trooper Proctor, and the sergeant from the state police. Who, if anyone else, is going along with you?
MR. BARROS: I had an officer that was field training with me that day, and he was with me as well and we went up to the residence.
MR. LALLY: And as you're walking up to the residence, what, if anything, did you come upon as you're going towards say any door or getting closer to the home?
MR. BARROS: I remained at the garage. The two troopers went to the front door and made contact with the homeowner.
MR. LALLY: Now as far as you were there specifically for a vehicle, correct?
MR. BARROS: Correct.
MR. LALLY: Did you observe a vehicle in the driveway at any time?
MR. BARROS: Yes, we observed a black Lexus SUV in the driveway.
MR. LALLY: And what, if any, observations did you make to the rear area of that vehicle, specifically?
MR. BARROS: At first, I did not go up to the vehicle. I just remained at the driveway and waited for the troopers to come back. And once I came back, they were let into the house through the garage. I had walked in with them briefly, and then went back out to the garage and remained with the vehicle.
MR. LALLY: And as far as at any point in time did you have any conversation with anyone named Karen Read that day while you were at the house?
MR. BARROS: I did not.
MR. LALLY: Now, with respect to -- you come back out to the garage; is that correct?
MR. BARROS: Correct.
MR. LALLY: And the troopers are inside the house; is that also correct?
MR. BARROS: Correct.
MR. LALLY: Now, at some point do other vehicles come down to the driveway area of this residence that you were at?
MR. BARROS: I had contacted the highway superintendent after speaking with the troopers about how to retrieve the vehicle. Since the driveway was untouched and had about a foot of snow, I had made the decision that we’d call the highway superintendent and see if that he would come and plow the driveway so that the tow truck would have access inside in -- in the driveway.
MR. LALLY: And just in reference to this driveway, if you could, it's not exact footage or anything, but how close is this Lexus SUV parked in relation to the roadway, how long is that driveway?
MR. BARROS: It's got to be about 150 feet off the roadway, if not more.
MR. LALLY: And if you recall from where you're standing at the point of the garage, what part of the vehicle was facing you? Was it the front of the vehicle, the back of the vehicle, the side of the vehicle, if you know?
MR. BARROS: I was looking at the left side of the vehicle.
MR. LALLY: And at some point, did you make any observations of the right rear part of that Lexus SUV?
MR. BARROS: I did.
MR. LALLY: And what, if anything, did you observe about that area of the vehicle?
MR. BARROS: I saw that there was some damage to the right rear taillight. To my best ability and recollection that taillight was not completely damaged. It was cracked and that a piece was missing but not completely damaged.
MR. LALLY: And then beyond the taillight area of that vehicle what, if anything, else did you observe as far as damage to the rear passenger side area of the vehicle?
MR. BARROS: Like a dent on the rear quarter.
MR. LALLY: And as far as the dent on the rear quarter of the panel that you saw, was that above the taillight, below the taillight, or something else?
MR. BARROS: It's probably right in conjunction with the taillight in that same area.
MR. LALLY: And from the time that you made these observations of the vehicle, at any point did you go sort of physically up to the vehicle?
MR. BARROS: I walked up to the vehicle, correct.
MR. LALLY: And about how far away from the vehicle did you get?
MR. BARROS: Five to ten feet away.
MR. LALLY: And as far as the sort of outside or exterior of the vehicle, you mentioned, obviously there was about a foot of snow on the ground. What, if anything, precipitation-wise or weatherwise was around the or on the outside of the vehicle?
MR. BARROS: Just snow.
MR. LALLY: And in particular in this area of the right rear passenger side and that taillight, was there any snow or ice or anything around that area that you observed?
MR. BARROS: On the vehicle itself?
MR. LALLY: Yes.
MR. BARROS: Yes, on the vehicle there was snow on the vehicle.
MR. LALLY: And not to put words in your mouth, but sort of caked on there; is that correct?
MR. BARROS: I guess you could say caked on, correct.
MR. LALLY: So you had reached out to the highway superintendent to have someone come out and plow the driveway, correct?
MR. BARROS: Correct.
MR. LALLY: And do you know about how long it was between the time that you made that call and the time that the plow driver came out to clear it?
MR. BARROS: Less than ten minutes.
MR. LALLY: And the sort of clearing of the driveway and the process of that, do you know about how long that took?
MR. BARROS: I'd say another ten minutes or so.
MR. LALLY: And as far as the time that the troopers went into the house, at some point the troopers obviously came out of the house, correct?
MR. BARROS: Correct.
MR. LALLY: Do you know about how long it was that they were inside the house?
MR. BARROS: More than 30 minutes, less than an hour.
MR. LALLY: Now at any point in time that while you were there, did you yourself or did you see anyone else touching or making any contact or manipulating or anything in that rear passenger side area of either the taillight or the dent that you observed?
MR. BARROS: I did not.
MR. LALLY: And I'm sorry, I talked over you.
MR. BARROS: I did not.
MR. LALLY: If I may have a moment, Your Honor.
JUDGE CANNONE: Yes.
MR. LALLY: Thank you, sir. I have no further questions.
JUDGE CANNONE: Okay. Cross-examination.
MS. LITTLE: No, Your Honor.
JUDGE CANNONE: All right, Sergeant Barros. You are all set, sir.
MR. BARROS: Thank you.
JUDGE CANNONE: Are you going to call another witness or morning recess?
MR. LALLY: Morning recess, but, Your Honor, if I could just, either before or after, I just need to address one thing with the Court at sidebar.
JUDGE CANNONE: All right. So we'll send the jurors out. Jurors, why don't we take the morning recess.
(Jury out.)
MR. LALLY: Just in reference to -- and I know I think they have a difference of opinion as far as interpretation of this goes, but my interpretation of the protective order is it does not permit for displaying materials. We can use the materials with the witness and show them to the witness, but as far as displaying materials or anything even filed with the Court has to be filed under seal, so I don't believe that -- I mean it's for the use of the materials in that way, and I don't intend to use them in that way for that reason.
MR. JACKSON: I agree that anything filed needs to be filed under seal, but I don't read anything in the protocol that was set up by the district judge that this be restricted as long as you use the items in the trial in the courtroom. If we file something, we have all followed that instruction that we file it under seal, however, displaying it to the jury that's -- it is what it is. Once it goes to the jury, it can't be sealed. It shouldn't be sealed. It's part of the record. It's part of an open record. So I don't think it's an impediment. I wouldn't have any objection if Mr. Lally chose to use it. If he doesn't choose to use, I will take the responsibility of using it, and if it's in violation of something that a magistrate -- or not a magistrate judge -- a district judge indicated, then that district judge can take it up with me and I'll take the heat. I want to try the case, and I don't see anything in the --
JUDGE CANNONE: And I have said all along, my interest is let's try to adhere.
MR. JACKSON: Right.
JUDGE CANNONE: So, Mr. Lally, if you think that you need to use them, I'm concerned about the trial here. I don't want you to forego anything either side is doing based on maybe not being clear on what the federal order wants you to do, but I'm concerned about the trial here.
MR. JACKSON: As am I.
JUDGE CANNONE: So you could get clarification if you want or spend the next half hour of your break trying to reach people over there.
MR. LALLY: No, no, I --
JUDGE CANNONE: If --
MR. LALLY: -- confident in my interpretation of it. And I can do it without putting things on the screen. I don't need to put things on the screen.
JUDGE CANNONE: Okay. Then I'll leave it with you.
MR. LALLY: Okay.
MR. JACKSON: So I'm not getting any restriction?
JUDGE CANNONE: I'm not restricting anything.
MR. JACKSON: Okay.
JUDGE CANNONE: I mean, you've said that you'll take responsibility for any violation the federal court --
MR. JACKSON: Absolutely.
JUDGE CANNONE: -- may find.
MR. JACKSON: Absolutely.
JUDGE CANNONE: But I do want to ask because I'm concerned about this case, do you think because we can wait and get clarification if need be. Do you think that the defendant, using what you say he can't produce or publish to the jury, impacts the trial of this case in anyway, that's my concern with all due respect to the --
MR. LALLY: Mm-hmm. No, I --
JUDGE CANNONE: -- protective order, I'm concerned about this case.
MR. LALLY: No, no. I mean, I think that's -- I think Your Honor has obviously control over that.
JUDGE CANNONE: All right. And in the same vein, if the defense is going to use it, I'm telling you, you have my permission to use it in the trial of this case, and it's paramount at this time.
MR. JACKSON: I appreciate that, Your Honor.
JUDGE CANNONE: If that helps.
MR. JACKSON: It does help, a lot.
JUDGE CANNONE: Okay.
MR. LALLY: Thank you, Your Honor.
end of sidebar.)
JUDGE CANNONE: All right. So we'll take about a half hour break.
(Court in recess.)
(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: All right. Mr. Lally, your next witness, please.