Day 23 - June 12, 2024

Judge Beverly J. Cannone · Trial 1 · 4 proceedings · 2,593 utterances

Day 23 of 35

Appearing:

Trooper Proctor's cross-examination reaches its climax as Alan Jackson extracts his most extreme texts about Karen Read, then Lt. Brian Tully testifies about the snowbank search that recovered taillight fragments and the missing shoe.

Full day summary

Day 23 is defined by the conclusion of Alan Jackson's cross-examination of lead investigator Michael Proctor, the most damaging testimony of the trial to that point. Jackson walked through dozens of text messages establishing Proctor's personal contempt for the defendant, his undisclosed relationships with Albert family witnesses, his coordination with a recused Canton Police officer, and critical gaps in evidence handling for the taillight and clothing. The examination culminated with Proctor's text to his sister expressing hope that Karen Read would kill herself. ADA Lally's redirect attempted to rehabilitate Proctor by recontextualizing the texts within the evidence he had already gathered by January 29th, but Jackson used recross to reframe the central defense argument: the lead investigator's personal animus and relationships with potential alternative suspects meant the absence of exculpatory evidence reflects investigative choices, not innocence. The day closed with Lt. Brian Tully, commander of the Norfolk Detective Unit, establishing the chain of custody for taillight fragments and a Nike sneaker recovered from the snowbank in front of 34 Fairview during blizzard conditions.

Key Moments

Jackson extracts Proctor's text to his sister — 'Hopefully she kills herself' — sent February 4, 2022, while Proctor was the active lead investigator.
Jackson establishes Proctor used recused Canton PD officer Kevin Albert to coordinate witness interviews, and that Proctor's sister served as a conduit to witness Julie Albert before her formal interview.
Jackson confronts Proctor with his text 'Get Elizabeth one,' directly contradicting his direct testimony that he never requested a gift from the Alberts.
On recross, Jackson reframes the absence of evidence against alternative suspects — Brian Albert, Brian Higgins, Colin Albert — as a product of Proctor's own investigative choices rather than their innocence.
Lt. Tully testifies that the snowbank search recovered red and clear plastic taillight fragments and a left black Nike sneaker, all within a five-foot area, establishing chain of custody for the prosecution's key physical evidence.

Notable Quotes

Michael Proctor

“Hopefully she kills herself.”

The most extreme expression of Proctor's personal animus toward the defendant he was actively investigating, delivered as the culmination of Jackson's cross-examination and encapsulating the defense's misconduct theory.

Alan Jackson

“Proctor, you're the one responsible for gathering the evidence, correct?”

Jackson's pivot that reframes the entire investigation: Proctor's claim that no evidence implicates alternative suspects is undermined by his own role as the person responsible for gathering that evidence.

Adam Lally

“At the time that you made those inexcusable and unprofessional comments, what did you believe the defendant had done to Mr. O'Keefe?”

The prosecution's own concession — on the record — that Proctor's texts were 'inexcusable,' a significant admission that defined the limits of Lally's rehabilitation effort.

Cross

Michael Proctor Alan Jackson

1938 utt.

Alan Jackson conducts an extensive cross-examination of lead investigator Trooper Michael Proctor, methodically walking through text messages Proctor sent to high school friends, his sister Courtney, and fellow troopers. Jackson establishes that within 16 hours of the investigation, Proctor had already concluded Karen Read was responsible, texting that the homeowner would face no scrutiny and that serious charges would be brought against 'the girl.' Jackson exposes Proctor's undisclosed relationships with multiple members of the Albert family, his sister's role as a conduit to witness Julie Albert before her interview, his use of recused Canton PD officer Kevin Albert to coordinate witness interviews, and his failure to investigate alternative suspects including Brian Higgins. Jackson documents chain-of-custody gaps for clothing and taillight evidence, missing sallyport video footage with unexplained time jumps, a vanished Ring doorbell video from 12:41 a.m., and Proctor's exclusion of Colin Albert's name from formal reports despite appearing in handwritten notes. The examination culminates with Proctor's text to his sister stating 'hopefully she kills herself' about Karen Read.

+1 procedural segment

Redirect

Michael Proctor Adam Lally

321 utt.

ADA Lally conducts redirect examination of Trooper Proctor following an extensive cross-examination that challenged his impartiality and investigative methods. Lally walks Proctor through his reasons for disliking defense attorney Yannetti, his limited relationships with Albert family members, the evidence he had accumulated by the time he sent disparaging text messages about Read, and his lack of expertise on Cellebrite phone extractions. Proctor testifies that all evidence pointed to Read and no evidence implicated Brian Albert, that he never deleted Ring videos, that he didn't know Kevin Albert's home address, and that charging decisions were not his to make. Lally concludes by having Proctor recount the full body of evidence known on January 29th — witness statements, taillight fragments, the matching shoe, Read's statements to first responders — framing the disparaging texts as occurring after substantial evidence had already been gathered.

Recross

Michael Proctor Alan Jackson

35 utt.

Defense attorney Alan Jackson conducts a brief recross focused on two threads from redirect. First, Jackson presses Proctor on whether his personal belief that Read struck O'Keefe gave him 'license' to send vulgar and derogatory text messages about her, with Proctor conceding his emotions got the best of him. Second, Jackson challenges Proctor's redirect testimony that no evidence implicated Brian Albert, Brian Higgins, or Colin Albert by pointing out that Proctor himself was the lead detective responsible for gathering that evidence — suggesting the absence of evidence reflects investigative choices rather than exoneration. Jackson also briefly revisits Proctor's claim of not knowing Kevin Albert's address by noting Albert obviously knew where Proctor lived. The proceeding ends with Judge Cannone sustaining an objection to Jackson's 'fox guarding the hen house' characterization and excusing the witness.

Direct

Brian Tully Adam Lally

296 utt.

Lt. Brian Tully, commander of the Norfolk State Police Detective Unit, testified about how his unit assumed jurisdiction over the O'Keefe death investigation on January 29, 2022. He described the decision to sideline Canton Police due to the appearance of a conflict involving the homeowner at 34 Fairview Road. Tully explained activating the MSP search team under Lt. Kevin O'Hara, who deployed seven members to excavate the snowbank in front of 34 Fairview during blizzard conditions. The search recovered pieces of red and clear plastic consistent with a taillight cover, and a left black Nike sneaker matching the right shoe collected from O'Keefe at Good Samaritan Hospital. Tully also addressed evidence handling procedures, the medical examiner's independent role in determining cause and manner of death, and his admonishment of Trooper Proctor over inappropriate text messages.

◀ Day 22 Trial 1 Day 24 ▶

Day 23 - June 12, 2024

Michael Proctor - Cross (Part 2)

Michael Proctor - Redirect/Recross

Brian Tully - Direct (Part 1)