Commonwealth v. Read — Trial ArchiveMichael Proctor - Redirect/Recross
356 linesJUDGE CANNONE: Mr. Lally.
MR. LALLY: Thank you.
MR. LALLY: Good afternoon, sir.
MR. PROCTOR: Good afternoon, sir.
MR. LALLY: Now, when you had started with cross-examination the other day, you were asking questions about whether or not in August of 2022 you disliked or did not like Mr. Yannetti, correct?
MR. PROCTOR: That's correct.
MR. LALLY: Why was that?
MR. PROCTOR: Um, well, basically he stood up in open court and spouted lie after lie about me, called me corrupt and conflicted, dragged my name through the mud after I spent 10-plus years without a single complaint filed against me, and he had no basis or no facts for these wild accusations, because there are none. This investigation was done with the utmost integrity, not just by me, but my ...supervisors and other troopers in my office. As well as — uh, Mr. Yannetti shows up at my uh sister's school yesterday, um, in the parking lot where he's not welcome, or where people are not supposed to be, uh, with one of their witnesses and their private investigator. Uh, and a teacher sees this — uh, informs Yannetti that he can't be there.
MR. PROCTOR: And instead of saying okay and leaving, he asks, uh, is Courtney Proctor in the building? Does she work here? She calls me to see if she's being served.
MR. JACKSON: Objection. Can we approach?
JUDGE CANNONE: Yes.
MR. PROCTOR: My apologies.
JUDGE CANNONE: Keep your voice up. Mr. Lally.
MR. LALLY: Let me try that again. As far as — um — you were asked about text messages that occurred in August of 2022, in which you um indicated that you did not like Mr. Yannetti, correct?
MR. PROCTOR: Correct.
MR. LALLY: And so at the time of that text message — it was sent in August of 2022 — why was that?
MR. PROCTOR: In August of 2022, why was that? Yes. The reasons I laid out — the false accusations of being conflicted and corrupt, spouted in open court, which there's zero evidence of. Like I said, I stand by the integrity of this investigation, as well as every trooper and supervisor in my office.
MR. LALLY: Now, were there also motions filed uh by Mr. Yannetti, or by counsel, uh, containing photographs of yourself and some children?
MR. PROCTOR: Yes.
MR. LALLY: And what, if anything, were the allegations in regard to uh the children that were depicted in those photographs?
MR. PROCTOR: So the photograph was taken in my parents' backyard, at a pool party. Um, there's some little kids in the photo. Defense counsel kept insinuating that those were the McCabes' children, when in fact they were my family — my cousins.
MR. LALLY: Have you at any point in time ever met any children of the McCabes?
MR. PROCTOR: No, sir.
MR. LALLY: In the course of this investigation, as it was sort of alleged on cross-examination, did you essentially pick a suspect and then try to have the evidence fit that?
MR. JACKSON: Objection.
JUDGE CANNONE: In that form, it's not allowed. Ask it differently.
MR. LALLY: How did you conduct this investigation — you and the other troopers in your office?
MR. PROCTOR: From the start of this investigation with an open mind. Um, like I said earlier, we don't know what we had — possible medical — so as the day went on, ...and we collected more evidence, um, and developed compelling evidence against Miss Read.
MR. LALLY: Now, with reference to this investigation, it continued after January 29th, 2022, when you had those uh text communications with your friends, correct?
MR. PROCTOR: Yes.
MR. LALLY: Was there additional information uh that you compiled over the course of that investigation following January 29th, 2022? I'm sorry — say please — following that date, of those text messages on January 29th, 2022, was there additional information that was uh gathered uh over the course of your investigation by yourself or other troopers involved in the investigation?
MR. PROCTOR: Yes.
MR. LALLY: And from that additional information uh that was gathered, uh, what, if any, information um that was gathered throughout the course of the investigation uh indicated that anyone besides Miss Read had anything to do with Mr. O'Keefe's death?
MR. PROCTOR: All the information gathered after that date indicated um no one else was responsible for Mr. O'Keefe's death.
MR. LALLY: Sir, you were asked some uh questions on cross-examination about uh testimony in a prior proceeding, and shown specifically a page uh 01563, correct?
MR. PROCTOR: Yes.
MR. LALLY: Okay. You may approach. Yes, sir. I'm giving you 01562, 63, and 64.
JUDGE CANNONE: What were the numbers again, Mr. Lally?
MR. LALLY: Uh, 1562, 63, and 64. Yes. Thank you. Trooper, after reviewing those three pages, is there now more context to what you were just asked about on one specific page of that testimony?
MR. PROCTOR: Yes.
MR. LALLY: And those were questions related to uh what you had uh told — or what you had informed uh other people within the office, or your supervisors, in relation to relationships with both McCabes and the Alberts, correct?
MR. PROCTOR: Correct.
MR. LALLY: And in the course of that testimony, did you relate uh to that body the same uh testimony you just related to this jury in regard to uh photographs of children, and defense counsel attributing those to being the McCabes' children, which they were not?
MR. PROCTOR: Yes.
MR. LALLY: Now, you were asked some questions uh by Mr. Jackson in regard to uh what you knew, or uh, why your focus was not on Brian Albert uh later on in the evening of January 29, 2022, correct?
MR. PROCTOR: Correct.
MR. LALLY: And why was that? Why was your focus not on Brian Albert at that time?
MR. PROCTOR: There was just no evidence that Mr. Albert was involved. Anyway, like I said before — um — from witness interviews, the statements Miss Read um provided to witnesses, the one shoe left at the scene, the tail light pieces, um, found underneath the snow — that were dug out by the search team — the injuries to Mr. O'Keefe, the one shoe at the hospital that was observed, uh, her statements to us — uh, Sergeant Bukhenik and I — while we interviewed her, ...um, clearly the broken tail light, and the fact that — leaving Brockton instead of going to Dighton — she backtracked to go to Canton to retrieve her vehicle, and then doubled back to go to Dighton, which I found odd.
MR. LALLY: Now, if at any point in time over the course of your investigation, you had uh evidence uh which led you to believe that Mr. Albert was involved in the death of Mr. O'Keefe, what would you have done?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: With regard to — um — beyond January 29th, at any point in your investigation, did you find any information or evidence leading you to believe that Brian Albert was involved in the death of John O'Keefe?
MR. PROCTOR: No.
MR. LALLY: Now, if you had found information leading to that conclusion, or evidence leading to that, uh, what would you have done?
MR. JACKSON: Objection.
MR. PROCTOR: Not only myself and others in my office would have pursued that — regardless of his position. Correct. Regardless of what he does for a profession.
MR. LALLY: May we approach?
JUDGE CANNONE: Yes. Lally presents new document to witness
MR. PROCTOR: I recognize that. That is text communications between me and uh my high school buddies.
MR. LALLY: And sir, if I could direct your attention within — narrative page 2535.
MR. PROCTOR: Yes, sir.
MR. LALLY: You were asked some questions about the text on that page, but also uh there's a text on that page that begins ..."they arrived at house together," correct?
MR. PROCTOR: Correct.
MR. LALLY: And uh what is the date and time associated with that text message that you sent?
MR. PROCTOR: That was sent on January 29th, 2022 at 11 p.m.
MR. LALLY: And what is the content? What did you send uh to that group? That text message?
MR. PROCTOR: The message reads: "They arrived at the house together, got into an argument, she was driving and left."
MR. LALLY: So that's also information that you had uh late in the evening of January 29, 2022, correct?
MR. PROCTOR: Correct.
MR. LALLY: That — with respect uh to that information you conveyed in that text message, uh, when did you learn that? On the — during the course of the day on the 29th?
MR. PROCTOR: [unintelligible]
MR. LALLY: Now, you were asked questions about people that you spoke to on the 29th, correct?
MR. PROCTOR: Yes.
MR. LALLY: And that included Brian Albert, Jennifer McCabe, Matthew McCabe, Kerry Roberts — is that correct?
MR. PROCTOR: DiCicco and Trooper Dunne interviewed uh Miss Roberts. And my apologies — when I was saying "you," I meant collectively.
MR. LALLY: Yes. Um, but you specifically — yourself and Sergeant Bukhenik — you also spoke with the defendant on January 29th, correct?
MR. PROCTOR: Correct.
MR. LALLY: That would have been prior to any of the text communications that were contained within that chat with your friends, correct?
MR. PROCTOR: Correct.
MR. LALLY: Ask you something about charging decisions. Is that something that you make in this case or any case?
MR. PROCTOR: I don't make any charging decisions. We're essentially fact-finders. So as far as what Miss Read was charged with or when she was charged with it, that's not something that's within your purview.
MR. LALLY: Correct?
MR. PROCTOR: No, not at all.
MR. LALLY: Now specifically, you were asked some questions about some text messages between yourself and DiCicco in regard to the medical examiner, correct?
MR. PROCTOR: Correct.
MR. LALLY: And those occurred in April of 2022, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Was the defendant Miss Read charged with murder in April of 2022?
JUDGE CANNONE: I'll allow it.
MR. PROCTOR: No, that wasn't until June of 2022.
MR. LALLY: Correct?
MR. PROCTOR: Correct.
MR. LALLY: And that was at the conclusion of the grand jury, is that correct?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: And you're aware that there was a grand jury in this case?
MR. PROCTOR: Correct.
JUDGE CANNONE: I'll allow that.
MR. PROCTOR: Yes.
MR. LALLY: And are you aware of certain witnesses that testified at the grand jury—
JUDGE CANNONE: I'll allow that.
MR. PROCTOR: Yes.
MR. LALLY: Are you aware that Dr. Scordi-Bello testified at the grand jury?
MR. JACKSON: Objection.
JUDGE CANNONE: Yes. Overruled.
MR. LALLY: And so it follows then that the defendant wasn't charged with murder until after the grand jury concluded and Dr. Scordi-Bello had testified before that grand jury, correct?
JUDGE CANNONE: Sustained.
MR. LALLY: Now the Albert family — that you were familiar with some members of — that's not an entity, correct?
MR. PROCTOR: No, individual members of a family. Some you know, some you may not.
MR. LALLY: Correct?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. Watch your phone, Mr. Lally.
MR. LALLY: How many members of the Albert family did you know when you started this investigation — when you received this call on January 29th, 2022?
MR. PROCTOR: Julie, Chris Albert, Colin, and Kevin Albert.
MR. LALLY: Now you were asked questions about interviewing Julie Albert and Chris Albert at their home on February 10th, correct?
MR. PROCTOR: Yes.
MR. LALLY: Now with respect to that, had you ever been to that home prior to February 10th?
MR. PROCTOR: I had not been to that — this is their new home. I'd never been to their new home or the previous home either.
MR. LALLY: Now as far as conversations with either Julie or Chris Albert, when was the last time you talked to them before you interviewed them on February 10th?
MR. PROCTOR: I believe I had reached out to Julie to coordinate the interview, but prior to this case, there was that one random text message she sent me and my sister when I was going on a family ski trip. They weren't a part of it. She wanted me to take a video of my sister skiing. But that was February 2022.
MR. LALLY: So my question is — prior to February 10th, 2022, prior to any arrangements to schedule an interview for February, when was the last time that you spoke to either Julie Albert or Chris Albert, if you know?
MR. PROCTOR: I don't know. I can't remember.
MR. LALLY: Now with regard to that text message in regard to skiing in late February 2022 — you were shown that text message, correct?
MR. PROCTOR: Yes.
MR. LALLY: Was there any response from you?
MR. PROCTOR: No.
MR. LALLY: Did you have any further communication with Julie Albert after that interview on January 29th, 2022, related to this investigation?
MR. PROCTOR: I recall the subpoena for the grand jury. I know she wanted to kind of have an idea of what the process was like, so there are communications regarding that.
MR. LALLY: And was that something that was solely done with Julie Albert or with other witnesses?
MR. PROCTOR: All the witnesses that were called in the grand jury. You know, it's unusual for the majority of civilians to be called in a grand jury, so they obviously have questions about the process.
MR. LALLY: Now as far as babysitting for your children, is that something that Julie Albert ever did?
MR. PROCTOR: No.
MR. LALLY: And as far as those text communications between yourself and your sister regarding that, was that something that you would ask for or something that your sister had suggested?
MR. PROCTOR: My sister had suggested that. We never followed up with having Julie watch my kids.
MR. LALLY: Now you were asked some questions about text messages with your sister Courtney, correct?
MR. PROCTOR: Correct.
MR. LALLY: And I believe a couple of times you would use the term — well, let me ask you this first. With regard to — from January 29th, throughout at least January and February 2022 — this case became something that was on the news on a fairly regular basis, correct?
MR. PROCTOR: News and social media, yes.
MR. LALLY: And so when you were using the term — in describing what you spoke to your sister about — as far as "newsworthy," what did you mean by that?
MR. PROCTOR: My sister lives in Canton, so there was a lot, as well, on the news and social media that was being discussed on those platforms.
MR. LALLY: Now as far as the discussions that you had with your sister, how would you describe or characterize the type of information that you shared with her?
MR. PROCTOR: Just general information. Nothing specific about the case.
MR. LALLY: You were also asked about a specific text from your sister on January 30th. It started out with — I believe it was "Jesus Christ" — is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And that was in reference to the body of Mr. O'Keefe being found on Brian Albert's lawn, correct?
MR. PROCTOR: Correct.
MR. LALLY: And so she's asking you about that on January 30th, correct?
MR. PROCTOR: Yes.
MR. LALLY: So fair — the reason — that wasn't something that you shared with her prior to January 30th, correct?
MR. PROCTOR: Correct.
MR. LALLY: And something that you hadn't shared with her at all at that point when you received that text communication, correct?
MR. PROCTOR: Correct.
JUDGE CANNONE: Sustained as to form. Watch how you ask these questions, Mr. Lally, as your witness.
MR. LALLY: Yes. Sure. With regard to that information — as far as who the homeowner was — what, if anything, had you shared with Courtney prior to you receiving that text indicating her knowledge—
MR. PROCTOR: Yeah, I don't recall sharing anything with about the homeowner.
MR. LALLY: Now in regard to any issues of a gift or request for a gift, how would you characterize that? Was that serious? How would you characterize that?
MR. PROCTOR: I didn't take that offer seriously. And as I had mentioned — I believe on Monday — I didn't ask for a gift, I never received one. I kind of said, you know, give my wife a gift — she had been home about 10 straight nights with the boys, we had another homicide a week before — so that was my response: get Elizabeth one. And she never received one.
MR. LALLY: Now you were asked some questions about Colin Albert, correct?
MR. PROCTOR: Correct.
MR. LALLY: And as far as what, if any, information did you have as far as Colin Albert and his being at 34 Fairview at the same time as anyone coming back from the Waterfall?
MR. PROCTOR: My understanding is Colin arrived later on to just see his cousin's birthday. He didn't stay there that long — maybe an hour, a little over an hour. As he's leaving, he ran into his aunt and uncle. His ride had arrived out front and he left at sometime around 12:10 a.m.
MR. LALLY: Was that information that you had prior to your interview with Colin Albert?
MR. PROCTOR: Yeah, we knew — well, we knew Colin wasn't at the house at that time. And that was provided by Colin.
MR. LALLY: And then at what point in your investigation, what if any evidence did you ever receive that Colin Albert was at 34 Fairview at the same time as Mr. O'Keefe or the defendant?
MR. PROCTOR: Based on Mr. O'Keefe's cell phone location data using his Waze app, Colin Albert is leaving around 12:10 a.m. Mr. O'Keefe is about a half a mile away at 12:20 a.m. So they did not cross paths.
MR. LALLY: Now Mr. Jackson was asking about some people as far as interviews — later, in October or so of 2022 or beyond. You were given five names: Brian Albert Jr., Julie Nagel, Miss Kent, Miss Fabiano, Miss Alba, and Miss Levinson — and Colin Albert, correct?
MR. PROCTOR: Yes.
MR. LALLY: And then you were asked about three people that you had interviewed, and then were asked if there was only one person left — that being Colin Albert — correct?
MR. PROCTOR: Correct.
MR. LALLY: That math doesn't match up — as far as five people, three given, and only one person not interviewed?
MR. PROCTOR: No.
MR. LALLY: Now with reference to Miss Kent, Miss Fabiano, and Miss Alba, to your knowledge have they been interviewed at any point in time?
MR. PROCTOR: No.
MR. LALLY: Why not?
MR. PROCTOR: They weren't present when the adults arrived back from the Waterfall. They had left 34 Fairview — like Colin Albert — prior to the Waterfall people coming in.
JUDGE CANNONE: Sustained.
MR. LALLY: What, if any, information did you have with regard to the whereabouts of Miss Kent, Miss Fabiano, Miss Alba, and Colin Albert in relation to 34 Fairview and the arrival of people from the Waterfall?
MR. PROCTOR: They had left the residence.
MR. LALLY: So with respect to Colin Albert, why was it that he was interviewed and not Miss Kent, Miss Fabiano, and Miss Alba?
MR. PROCTOR: Colin was falsely accused of—
JUDGE CANNONE: Can you answer that question differently?
MR. PROCTOR: Yes, ma'am.
JUDGE CANNONE: Okay, go ahead.
MR. PROCTOR: Colin was the subject of a third-party culprit theory that had no evidence to back that up.
JUDGE CANNONE: I'm going to allow that.
MR. PROCTOR: That had no evidence to back that up — that he was involved whatsoever. My office and myself felt the need to interview Colin, sit him down and get his story or his facts of that evening. So that's why we interviewed him
MR. LALLY: At that date and time later on. And when you say "we," do you recall who was present with you when you interviewed Colin?
MR. PROCTOR: Trooper Zachary Clark.
MR. LALLY: Now are you aware of Sergeant Bukhenik getting screenshots from both Colin Albert and from Miss Allie McCabe in relation to text communications they had about picking up Colin Albert from 34 Fairview on January 29th?
MR. PROCTOR: Yes.
MR. LALLY: You were asked some questions about Miss McCabe's cell phone, is that correct?
MR. PROCTOR: Yes.
MR. LALLY: And as far as any material on that phone, are you an expert when it comes to cell phone extractions and what different material may mean within a Cellebrite extraction?
MR. PROCTOR: No, that's left to — [cut off] ...our office.
MR. LALLY: Are you aware of reports regarding those searches from Trooper Nicholas Gino, Miss Jessica Hyde, and Mr. Ian Whiffin?
MR. PROCTOR: I am aware of those, yes.
MR. LALLY: And those are people who have special knowledge, or specialized knowledge, as it relates to Cellebrite technology — that you do know, correct?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: What, if any, knowledge are you aware of Trooper Nicholas Gino, Miss Jessica Hyde, and Mr. Ian Whiffin having, with respect to Cellebrite or cell phone technology, that you do not have?
MR. JACKSON: Objection.
JUDGE CANNONE: Allowed. Technical interruption — Zoom unmute issue; addressee unclear
MR. LALLY: Let me rephrase that just a little. As far as — you're aware Trooper Nicholas Gino, Miss Jessica Hyde, and Mr. Ian Whiffin have all looked at this Cellebrite extraction information, correct?
MR. PROCTOR: Yes.
MR. LALLY: And their specialized knowledge in regard to those areas exceeds your own, correct?
MR. PROCTOR: Yes.
MR. LALLY: Now, as far as your conversations with Kevin Albert, how would you characterize those in relation to this investigation?
MR. PROCTOR: They had nothing to do with this investigation. Like I said, we were working a cold case together. We also work on other cases together — unattended deaths that I'll respond to, a potential suicide or a noose in the town of Canton that I'll respond to — but the topic of our conversations were in regards to the cold case, or unresolved case, that we were working together.
MR. LALLY: Do you recognize that document?
MR. PROCTOR: Yes, sir, I do.
MR. LALLY: What do you recognize it as?
MR. PROCTOR: A text communication with Kevin Albert.
MR. LALLY: Sir, if I could direct your attention to the Bates stamp pages 2600 and 2601.
MR. PROCTOR: Yes, sir.
MR. LALLY: Now, in regards to activities on that particular date — you had indicated that you had conversations with Kevin Albert about working a cold case from the town of Canton, correct?
MR. PROCTOR: Yes.
MR. LALLY: And specifically on that date, where did the two of you go? Do you remember?
MR. PROCTOR: I recall going down to the Cape to at least interview at least one person of interest, and it was down in the town of Sandwich, to be specific.
MR. LALLY: Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Now, in reference to Kevin Albert leaving his badge in your car — you recall that?
MR. PROCTOR: I do.
MR. LALLY: I can direct your attention to page 2602. And what, if any, text communication is contained on that page as far as you asking Kevin Albert about his address?
MR. PROCTOR: After I informed Kevin Albert I had located his badge, I followed up — "What's your address? I will drop it off after the gym."
MR. LALLY: You're asking his address because you don't know his address, correct?
MR. PROCTOR: Correct.
JUDGE CANNONE: Sustained.
MR. LALLY: Why are you asking for his address?
MR. PROCTOR: I've never been to his house and I don't know where he lives.
MR. LALLY: You're so close with him that you don't know where his house is?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: May I approach? [unintelligible] You were asked some questions about Ring videos from One Meadows Avenue — Mr. O'Keefe's — is that correct?
MR. PROCTOR: Yes.
MR. LALLY: To be clear, did you delete any Ring video from Mr. O'Keefe's account, either on his app, on his phone, or from the materials that you received pursuant to the search warrant?
MR. PROCTOR: Absolutely not.
MR. LALLY: Now, when you saw that there were Ring videos missing from times that you expected videos to be — specifically what I'm asking about is Ms. Read, or the defendant's, arrival at the home after leaving Fairview Road, and Ms. McCabe, Ms. Roberts, and the defendant's departure from One Meadows Avenue to Fairview Road later on that morning — what did you do?
MR. PROCTOR: I reached out to Ring several different times. They informed me if a video is deleted, there's no digital footprint of that — it's essentially kind of gone forever.
MR. LALLY: And with respect to that time frame, what, if any, other additional steps did you take to try to retrieve that video? Was there a second search warrant, sir?
MR. PROCTOR: Yes.
MR. LALLY: You were looking for additional information from that same Ring, correct?
MR. PROCTOR: Yes. [unintelligible]
MR. LALLY: What, if anything, were you looking for in that second search warrant?
MR. PROCTOR: Additional video.
MR. LALLY: Now, you were asked questions about notes from Trooper DiCicco, correct?
MR. PROCTOR: Correct.
MR. LALLY: As far as that 0041 note — you know what that means?
MR. PROCTOR: That just tells me it's a time.
MR. LALLY: And do you know specifically whether or not that is something that Trooper DiCicco saw, or something that Trooper DiCicco was looking for?
MR. PROCTOR: That's something Trooper DiCicco could answer for.
MR. LALLY: You were asked some questions about sallyport video at Canton police station, correct?
MR. PROCTOR: Yes.
MR. LALLY: When you arrived at the sallyport garage of the Canton police station, sometime around or shortly after 5:30 p.m., correct?
MR. PROCTOR: Yes.
MR. LALLY: Now, that 5:30 p.m. time — is that before or after 5:07 a.m.?
MR. PROCTOR: After.
MR. LALLY: And 5:07 a.m. is when — Exhibit 6, video number I believe 153 — with the defendant backing out of the garage, where you testified on Monday you observed some damage to the tail light, correct?
MR. PROCTOR: Correct.
MR. LALLY: And you're aware of some other Ring video from Mr. O'Keefe's house showing the defendant, Ms. Roberts, and Ms. McCabe arriving at his house, in which you can see damage to the right passenger side tail light, correct?
MR. PROCTOR: Correct.
MR. LALLY: Are you aware of a cruiser camera video from the Canton police station — specifically Lieutenant Rae going to One Meadows Avenue at 8:22 in the morning on the 29th — in which you can also observe damage to the tail light?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: As far as 8:22 in the morning, what, if any, video from One Meadows Avenue are you aware of depicting the defendant's vehicle? Canton Police Department went to conduct a well-being check. On the dash cruiser camera, you can see the back of Ms. Read's vehicle and the right tail light to be broken and missing pieces. And as far as your time at the home — the defendant's vehicle was towed from that location on that day, correct?
MR. PROCTOR: Correct.
MR. LALLY: And what, if any, video are you aware of from that driveway which depicts the right rear passenger side tail light of the defendant's vehicle?
MR. PROCTOR: Yeah, as the vehicle's being put on the tow truck, you can make out that there's some pieces missing.
MR. LALLY: Now, if I could turn you back to those text messages with your friends, January 29th, 2022 — with that time in mind — well, let me ask first: as far as all those other videos that we talked about, all of those videos preceded your time in the sallyport garage at 5:30 p.m. on January 29th, correct?
MR. PROCTOR: Correct.
MR. LALLY: Now, with reference to — you mentioned in your testimony the other day that at some point in time later in the day, early in that evening, you had met for a debriefing with yourself and the other troopers involved in the investigation on January 29th. Is that correct?
MR. PROCTOR: Yes.
MR. LALLY: Well, fair to say the information that had been collected by yourself and the other troopers on January 29th — you had that in mind — were you aware of that when you were involved in these text communications with your friends?
MR. PROCTOR: Correct. Yes.
MR. LALLY: And so — at that time that you're texting with your friends — you would have seen the defendant's vehicle, correct?
MR. PROCTOR: Yes.
MR. LALLY: You would have seen the damage to the tail light, correct?
MR. PROCTOR: Yes.
MR. LALLY: And were you aware that Lieutenant Tully and the search team had conducted a search around 34 Fairview and recovered Mr. O'Keefe's sneaker and a tail light piece?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: What, if anything, were you aware of in regard to Lieutenant Tully doing with a certain team at 34 Fairview earlier that day?
MR. PROCTOR: Detective Lieutenant Tully and the search team conducted a search, discovered several pieces of broken tail light, as well as Mr. O'Keefe's missing shoe.
MR. LALLY: And the shoe that Lieutenant Tully's team had retrieved — what, if anything, did you observe in relation to that and the shoe that you and Sergeant Bukhenik had retrieved from the Good Samaritan Hospital?
MR. PROCTOR: Yeah, they were both matched — they were both black Nike sneakers with the white logo.
MR. LALLY: Now, you had talked to first responders, correct?
MR. PROCTOR: Yes.
MR. LALLY: That included firefighter Flatley, correct?
MR. PROCTOR: Correct.
MR. LALLY: And that included Sergeant Goode?
MR. PROCTOR: Yes.
MR. LALLY: You had done interviews with regard to Brian, correct?
MR. PROCTOR: Yes.
MR. LALLY: Jennifer M., correct?
MR. PROCTOR: Correct.
MR. LALLY: [unintelligible], correct?
MR. PROCTOR: Yes.
MR. LALLY: The defendant?
MR. PROCTOR: Yes.
MR. LALLY: And other troopers from your unit had also interviewed Kerry Roberts, correct?
MR. PROCTOR: Yes.
MR. LALLY: Are you aware of statements that were attributed by Ms. Roberts and Ms. McCabe to the defendant as far as what she told them earlier that morning?
MR. PROCTOR: Yes.
MR. LALLY: And are you aware of statements that Ms. McCabe and Ms. Roberts had made to troopers in regard to what they had observed?
MR. PROCTOR: Yes.
MR. LALLY: Now, were you aware that both Ms. McCabe and Ms. Roberts indicated in interviews on January 29th that when they had got to 34 Fairview Road they could not see Mr. O'Keefe's body — however, the defendant sort of bolted out of the back seat of the vehicle directly over to Mr. O'Keefe—
MR. JACKSON: Objection.
JUDGE CANNONE: You can ask that differently, Mr. Lally.
MR. LALLY: With respect to the statements from Ms. McCabe and Ms. Roberts in regard to their arrival at 34 Fairview around 6:00 a.m. in the morning, what, if anything, stood out to you, or were you aware of, in relation to those statements?
MR. PROCTOR: Yeah, from those statements — as Ms. Roberts was driving down Fairview Road, Ms. McCabe was in the passenger seat, Ms. Read was in the back — obviously white-out conditions as they're coming down that slight hill, getting just before the left side of the property — Ms. McCabe, Ms. Roberts indicated that Ms. Read said, "There he is, I see him, I see him," and Ms. Read — sorry — Ms. — Ms. Roberts — didn't know what Miss Read was talking about. They stopped the car. Miss Read ran directly over to John O'Keefe's body, and even when Miss Read had exited the vehicle, Ms. McCabe and Ms. Roberts still didn't know what was going on and what she was running to.
MR. LALLY: Now, were you aware from your conversation with firefighter Flatley that the defendant had stated, "I hit him," in the presence of firefighter Flatley from earlier that morning?
MR. PROCTOR: Yes.
MR. LALLY: And were you also aware of statements the defendant made to other first responders about her being or getting into an argument with Mr. O'Keefe as she was dropping him off at 34 Fairview, indicating the last time she saw him — later on in subsequent interviews. So at the time that you're sending these text communications within this group chat, in the later part of the evening of January 29th, 2022, what is it that you did know in relation to your investigation with regards to Miss Read, the defendant, and/or anyone else?
MR. PROCTOR: All right. So we knew the last person seen with Mr. O'Keefe alive was Miss Read. We knew they were traveling into Fairview Road. Witnesses stated they saw a SUV out front of the house. It went from one side to the other. Miss McCabe was texting, "John, park behind me," things of that nature. John never went into the house. And then the following morning, Miss Read, Miss Roberts, and Miss McCabe located Mr. O'Keefe in the front lawn. I observed those injuries at the hospital. The one sneaker — later on in the day, the CSE team along with Detective Lieutenant Tully found broken tail light pieces that matched Miss Read's tail light, as well as the missing sneaker that matched Mr. O'Keefe's. Some inconsistent statements that Miss Read had provided to Sergeant Bukhenik and I.
MR. LALLY: So at the time that you made those disparaging comments in regard to Miss Read, and the context of those communications with your friends — as inexcusable and as unprofessional as those comments are — the information you had was that Miss Read had struck Mr. O'Keefe with her vehicle.
MR. JACKSON: Objection.
JUDGE CANNONE: Yeah, you got to watch the form Mr. Lally. Sustained.
MR. LALLY: At the time that you made those inexcusable and unprofessional comments, what did you believe the defendant had done to Mr. O'Keefe?
MR. PROCTOR: I believe, based on all the physical evidence and facts, Mr. O'Keefe got out of that vehicle holding that cocktail glass. He walked out of the Waterfall Bar with Ms. Read, pulled ahead and then back in, struck him with her vehicle, and then left.
MR. LALLY: Then came back five and a half hours later. Correct?
MR. PROCTOR: Correct.
MR. LALLY: Nothing further.
JUDGE CANNONE: Mr. Jackson?
MR. JACKSON: Very briefly — so you think that your assessment, personal assessment, that Karen Read had struck this officer with a car gave you license to call her a —
MR. LALLY: Objection.
MR. PROCTOR: Based on the evidence, sir — my emotions got the best of me, so — yes, it was inappropriate, juvenile, but my emotions have gotten the best of me.
MR. JACKSON: And you called her a whack job — gave you license to call that too?
MR. PROCTOR: Yes.
MR. JACKSON: Gave you license to say to your friends, "Oh no, no, no, no, she's —"
MR. PROCTOR: "No, no, no, no, she's right" — that's what I wrote.
MR. JACKSON: Gave you license to say that she's a — again, another disgusting comment, sir. You had an agenda from moment one, did you not?
MR. LALLY: Objection.
MR. JACKSON: Did you have an agenda?
MR. LALLY: Objection.
MR. JACKSON: Same question. Thought it was a good one the first time. So the fact that you believed, personally, that your narrative was she hit him with a car — you get to talk about her leaky balloon knot, right? You indicated on cross-examination that you saw a video at 8:22 a.m. with some damage to Miss Read's right rear tail light, correct?
MR. PROCTOR: Yes.
MR. JACKSON: The 8:22 — before or after 5:07 a.m.?
MR. PROCTOR: After.
MR. JACKSON: You also said that you had no idea where Kevin Albert lived, right?
MR. PROCTOR: Correct.
MR. JACKSON: But you did say, about getting his badge to him after that drunken night with him — you just leave it in your mailbox, right?
MR. PROCTOR: Yes, my mailbox.
MR. JACKSON: So he obviously knew where you lived.
MR. PROCTOR: Yes.
MR. JACKSON: And then you said there's no evidence whatsoever — your words — no evidence whatsoever. You talked about Brian Albert, Brian Higgins, Colin Albert — no evidence whatsoever that they were involved in the death of John O'Keefe, right?
MR. PROCTOR: Correct.
MR. JACKSON: Proctor, you're the one responsible for gathering the evidence, correct?
MR. PROCTOR: I — I am one part of a greater group of detectives that gathers evidence. I'm just one part of that unit.
MR. JACKSON: You're the pointy end of the spear, aren't you?
MR. LALLY: Objection.
MR. JACKSON: You're the case officer, the lead detective, correct?
MR. PROCTOR: Yes.
MR. JACKSON: Sort of like the fox guarding the hen house, isn't it?
JUDGE CANNONE: That's sustained. Mr. Jackson, do you have anything else?
MR. JACKSON: No, thank you.
JUDGE CANNONE: All right Trooper you are all set.
MR. PROCTOR: Thank you, Your Honor. Thank you, jurors.