Commonwealth v. Read — Trial ArchiveMichael Proctor - Cross-Examination
Proctor acknowledged that his text messages about Read were juvenile and regrettable, while maintaining that they did not affect the investigation.
View moment →Day 23 - June 12, 2024
Trooper Michael Proctor's testimony concluded with questioning about his texts and investigative decisions; Lieutenant Brian Tully described the State Police role and SERT evidence search.
Full day summary
Notable Moments
Michael Proctor - Cross-Examination
Proctor acknowledged a gap of about 42 minutes in a sallyport video and described a separate interior video with an inverted timestamp and apparent skips.
View moment →Michael Proctor Redirect: Stricken Answer and Investigation Evidence
The judge struck Proctor's initial answer concerning Mr. Yannetti and instructed jurors to disregard it completely.
View moment →Brian Tully - Direct
Tully described directing a seven-member SERT search of the snowbank near 34 Fairview Road for a shoe and potential taillight pieces, and photographing recovered items before they were bagged.
View moment → Notable Quotes
Michael Proctor
“In the investigation part, absolutely. Through these text messages, absolutely not. They were juvenile and regrettable.”
Proctor distinguished his investigative conduct from the text messages and expressly characterized the messages as juvenile and regrettable.
Beverly J. Cannone
“Jurors, I am striking that last answer. It was probably a partial answer cut off. I'm striking it completely. Disregard it. If you took notes, cross the notes out. You're not to consider it in any way. It is completely stricken from the record.”
The court removed Proctor's initial answer from the jury's consideration.
Brian Tully
“I expressed my displeasure in his unprofessionalism and the content of them.”
Tully described his supervisory response after learning of Proctor's text messages.
7h 16m 1. Michael Proctor — Cross (Part 2)
Defense counsel cross-examined Trooper Michael Proctor about derogatory texts, investigative contacts and decisions, and video and evidence-record issues; Proctor denied bias affected the investigation.
Cross 2534 lines
Michael Proctor Alan Jackson
9 sidebars inside this proceeding
- Text Message Packet Publication Counsel discussed text-message packets, including hearsay and completeness objections, and the judge allowed chalk publication while reserving whether the packets would be admitted.
- Remaining Text Messages Excluded Counsel disputed whether remaining text messages received by the witness could be used, and the judge ruled that the items would not come in.
- Excluded Material on Screen The judge addressed excluded material appearing on the courtroom screen and instructed counsel to ensure the operator does not display material without authorization.
- Prior Testimony Relationship Questions Counsel disputed use of a page of prior testimony about relationships, and the judge permitted questions on specified lines while barring display of the material on the screen.
- Family Relationship Photographs Counsel debated photographs offered to show family relationships, and the judge sustained objections, excluding the photographs and barring references absent a later ruling.
- Investigation Progress Question Counsel disputed a question about reporting investigation progress to a sister, and the judge allowed it while cautioning about its evidentiary value if answered negatively.
- Text Message Question Wording Counsel disputed characterizations in questions about text messages, and the judge instructed counsel to remove objectionable language and rephrase the questions.
- Video Gap Question Format Counsel disputed questioning about a gap in video footage and its timing, and the judge directed that the two topics be asked as separate questions.
- Text Message Context Limitation Counsel disputed the context for a text message, and the judge allowed the specified phrase while directing that it be presented alone without additional context on the screen.
2. Michael Proctor — Redirect/Recross
Trooper Michael Proctor testified about the investigation and his conclusion that Karen Read backed into John O'Keefe, then acknowledged on recross that his derogatory messages about Read were inappropriate, juvenile, and disgusting.
Redirect 467 lines
Michael Proctor Adam Lally
3 sidebars inside this proceeding
- Courtroom Conduct and Cameras Counsel objected to testimony concerning an alleged encounter involving Mr. Yannetti, and the judge instructed Mr. Yannetti not to gesticulate for the cameras.
- Stricken Redirect Answer After a dispute over a witness answer concerning Mr. Yannetti, the judge ordered the answer stricken and directed the prosecutor to ask a properly limited question.
- Investigative Review by Others Counsel disputed whether the witness could testify that others reviewed Life360 and Cellebrite material, and the judge allowed the limited inquiry over a hearsay objection.
3. Brian Tully — Direct (Part 1)
Lieutenant Brian Tully described State Police oversight, the SERT search at 34 Fairview Road, and the admission of recovered evidence.
Direct 411 lines
Brian Tully Adam Lally
2 sidebars inside this proceeding
- Climatological Records Foundation Counsel disputed the foundation for climatological records, and the judge directed the prosecutor to build a foundation while deferring review of the documents.
- Witness Schedule Discussion Counsel discussed the remaining time for the witness and the anticipated order of later witnesses, and the judge said she would release the jury before addressing the order.