Day 23 - June 12, 2024

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

Day 23 of 35

Appearing:

Proctor's cross, redirect, and recross address texts, relationships, investigative choices, and alternative suspects; Lt. Brian Tully then describes the snowbank search and recovered items.

Full day summary

Day 23 is defined by the conclusion of Alan Jackson's cross-examination of lead investigator Michael Proctor. Jackson walked through text messages, Proctor's contacts and relationships with Albert family members, and investigative and evidence-handling choices, presenting them as evidence of bias, conflicts of interest, and investigative shortcomings. Proctor denied using his sister as an intermediary and denied making a concerted effort to keep Colin Albert out of the investigation. The examination culminated with Jackson reading Proctor's text to his sister expressing hope that Karen Read would kill herself. ADA Lally's redirect characterized the texts as inexcusable and unprofessional while eliciting Proctor's account of the evidence underlying his conclusions. On recross, Jackson challenged Proctor's assertion that no evidence implicated alternative suspects by focusing on Proctor's evidence-gathering role; Proctor said he was one part of a larger detective group and agreed he was the case officer and lead detective. The day closed with Lt. Brian Tully describing the recovery and handling of taillight fragments and a Nike sneaker from the snowbank in front of 34 Fairview during blizzard conditions.

Key Moments

Jackson read Proctor's February 4, 2022 text to his sister stating, 'Hopefully she kills herself,' sent while Proctor was the case officer.
Jackson questions Proctor about using recused Canton PD officer Kevin Albert to coordinate witness interviews and about Courtney Proctor's contacts with Julie Albert; Proctor denies using his sister as an intermediary.
Jackson contrasted Proctor's 'Get Elizabeth one' text with his statement that he had not asked for or received a gift; on redirect, Proctor said he had not taken the offer seriously and that no gift was received.
On recross, Jackson challenges Proctor's claim that no evidence implicated Brian Albert, Brian Higgins, or Colin Albert by focusing on Proctor's role in gathering evidence; Proctor says he was one part of a larger detective group and agrees he was the case officer and lead detective.
Lt. Tully testified that the snowbank search recovered red and clear plastic pieces and a left black Nike sneaker within a five-foot area, and he described their handling and storage.

Notable Quotes

Alan Jackson

“Hopefully she kills herself.”

Jackson read this February 4, 2022 text during cross-examination as part of the defense challenge to Proctor's conduct and impartiality.

Alan Jackson

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

Jackson challenged Proctor's no-evidence assertion by focusing on his evidence-gathering role; Proctor said he was one part of a larger detective group and agreed he was case officer and lead detective.

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?”

On redirect, Lally characterized Proctor's texts as inexcusable and unprofessional before questioning him about the evidence underlying his conclusions.

Watch this day Day 23 — Proctor (cross), Tully Watch with synced transcript →

Cross

Michael Proctor Alan Jackson

1938 lines

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 presented messages sent within 16 hours of the investigation as showing that Proctor had reached an early conclusion about Karen Read; Proctor later rejected Jackson's proposed ‘cut and dry’ interpretation. Jackson elicited that Proctor had not mentioned his relationships with Julie Albert, Chris Albert, or Colin Albert in reports. He also explored Proctor's contacts with Albert family members, Courtney Proctor's communications with Julie Albert, and the use of recused Canton PD officer Kevin Albert; Proctor denied using his sister as an intermediary. Jackson challenged investigative choices involving alternative suspects, clothing and taillight evidence, sallyport video, Ring video, and Colin Albert's absence from formal reports. Jackson argued that the omission of Colin's name from a formal report reflected exclusion from the investigation; Proctor denied making a concerted effort to keep Colin out. 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 lines

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 lines

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 lines

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)