Commonwealth v. Read — Trial ArchiveBrian Tully — Direct (Part 2)
639 linesPROCEEDINGS June 13, 2024
(Court in session at 9:07 a.m.)
(Defendant present. Jury present.)
COURT CLERK: 22-117, Commonwealth versus Karen Read.
JUDGE CANNONE: Good morning, counsel. Good morning Ms. Read. Good morning, Jurors. I have to ask you those same three questions. Were you all able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said "yes" or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear, read anything about this case since we left yesterday? Everyone said "no" or shook their heads. Thank you very much. May we have Detective Lieutenant Tully, please.
Whereupon, BRIAN TULLY, Resuming having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Whenever you are ready, Mr. Lally.
MR. LALLY: Thank you. CONTINUED DIRECT EXAMINATION
BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. TULLY: Good morning.
MR. LALLY: Again, if you could, please state your name and spell your last name for the jury.
MR. TULLY: Brian Tully, T-U-L-L-Y
MR. LALLY: Now, Lieutenant Tully, when you were testifying yesterday, you were testifying in some part about a search that you did in conjunction with the SERT team at 34 Fairview on January 29th, 2022, correct?
MR. TULLY: Yes.
MR. LALLY: And, at any point in time, did you or any other member of your unit conduct any search of the residence at 34 Fairview Road?
MR. TULLY: No.
MR. LALLY: And why not?
MR. TULLY: We had no reason to believe there would be evidence found within the home of 34 Fairview Road.
MR. LALLY: Now, Lieutenant, if you could, could you inform the jury a little bit about sort of search warrants as far as residences go and what is required in Massachusetts for you to conduct a search warrant?
MR. JACKSON: Objection.
JUDGE CANNONE: So we have no question.
MR. LALLY: That was the question. I'm sorry.
JUDGE CANNONE: I thought it was to inform the jury about search warrants.
MR. JACKSON: If I interrupted the --
JUDGE CANNONE: Did you complete your question?
MR. LALLY: I did, Your Honor. Yes.
JUDGE CANNONE: Well, so it's sustained, then.
MR. JACKSON: Thank you.
BY MR. LALLY:
MR. LALLY: Lieutenant, over the course of your career, you've conducted search warrants of people's residences, correct?
MR. TULLY: Yes.
MR. LALLY: And what do you need to do that?
MR. TULLY: A search warrant, consent or exigent circumstance.
MR. LALLY: And, as far as a search warrant is concerned, what is needed or what is necessary in order for you to get a search warrant?
MR. JACKSON: Objection.
JUDGE CANNONE: I am going to allow him to lay a foundation. So the objection is overruled.
MR. TULLY: As governed by the Fourth Amendment of the U.S. Constitution and Article 14 of the Massachusetts Constitution, law enforcement is required to get a search warrant if we are going to invade someone's privacy. In order to obtain a search warrant, I need to gather facts that I swear an oath and affirm are true and accurate; that there is probable cause, which means more likely than not that a specific piece of evidence will be found in a specific location and is related to a crime. So I need to check those boxes in order to obtain a search warrant through the trial court.
BY MR. LALLY:
MR. LALLY: And what, if any, information did you have related to specific evidence of a crime in relation to the interior of the residence at 34 Fairview Road?
MR. TULLY: I didn't have any. When thinking about residence and search warrants and evidence, I need to put the evidence inside the house. And so I don't believe that Mr. O'Keefe entered the home. So I had no nexus to the house.
MR. LALLY: And what, if any, evidence did you have that Mr. O'Keefe had ever entered the home at 34 Fairview Road on January 29th or any other date?
MR. TULLY: I don't. On the contrary, I have evidence that he was outside, but I don't have anything putting him inside the residence.
MR. LALLY: Now, you're aware or you testified yesterday that at some point while you and the SERT team were conducting the search at 34 Fairview, Sergeant Bukhenik and Trooper Proctor were following a tow truck with the defendant's vehicle from Dighton to the Canton Police Department, correct?
MR. TULLY: Yes.
MR. LALLY: And, in reference to taking the vehicle to the Canton Police Department, how was that decision arrived at and what, if any, discussion or what, if any, other options did you have?
MR. TULLY: So Sergeant Bukhenik and I had conversations resulting in my decision of where the vehicle was going to go. And so we needed to find a location that was secured, indoors and preferable heated. And so we started going through checklists of what's available. So you start thinking, obviously, of state police facilities. So between Dighton and Canton, where our office is, as well, you have the Foxboro barracks, which I worked out of the Foxboro barracks. The garage was probably not appropriate for that large a vehicle to get in there. It's an old building. I worked at the state police barracks in Milton. That's even worse with a smaller garage. It's attached and inside of an older building. So the Canton Police Department was the next step. It kind of checked all of those boxes. It was inside. It was secure and it was heated.
MR. LALLY: Now, over the course of your career specifically within the homicide unit of the detective unit of the district attorney's office, approximately how many investigations have you led or been a part of in relation to -- well, let me first ask you this: As far as your unit is concerned, how is it that -- from a staffing perspective, how is it that an investigation is conducted as firearms as certain roles, or can you speak a little bit about sort of the roles that different people within your unit played with reference to an investigation just in general?
MR. TULLY: Within the unit, we have different sections. We have a homicide section, narcotic section and special investigations. So each is kind of broken up into that. Obviously, the homicide section will undertake homicide investigations, but we work as a team. So there will be situations where you may need an all-hands-on-deck just to get some people out there. So the narcotics folks will help with homicide investigations and vice versa. The homicide people will help with narcotics investigations when needed.
MR. LALLY: Your Honor, may I just have a moment?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, specifically, when it comes to a death investigation, there is someone who is assigned as what you call a case officer; is that correct?
MR. TULLY: Yes.
MR. LALLY: And can you explain to the jury what the role of the case officer is and what, if any, other supervision there is with reference to that case officer?
MR. TULLY: The case officer is essentially the central collection point for the investigation. So they are the person that would gather the evidence, the records, hold those records. And then somebody needs to be held accountable for a to-do list. A supervisor would go to that one person as well as the district attorney's office would know who to contact about a certain case and then we go from there. Obviously, that case officer is usually a rank of trooper, especially when you're talking about unattended deaths. They have a sergeant and two lieutenants that are supervising them in that realm.
MR. LALLY: And, as far as interviews are concerned, what, if any, sort of policy is there with regard to troopers and how many would be involved in the interview of any witness?
MR. TULLY: We would always have two people present, either a trooper and a local detective or two troopers, one asks questions, one does note taking. It's just good practice.
MR. LALLY: And, with respect to this investigation, locals, as far as the Canton Police Department, was not something that you utilized, correct?
MR. TULLY: Correct.
MR. LALLY: And, again, I know you testified a little bit about it yesterday; but, if you could, just reiterate or expound upon sort of what your discussions were with the chief as far as the Canton Police Department's involvement in this investigation going forward following the early morning hours of January 29th.
MR. TULLY: Our conversation circled around in the early hours about the homeowner of 34 Fairview. Brian Albert has a brother, Kevin Albert, who was a detective with the Canton Police Department. And so where we were, we had essentially zero information about the investigation. We wanted to remove any appearance of conflict by not having Kevin Albert or any of his co- workers involved in the investigation.
MR. LALLY: Was that in the investigation in its entirety or the interviewing process, or how was that sort of delineated, if at all?
MR. TULLY: Definitely no interviews. They were not involved in any discussion. Essentially, the entire investigation.
MR. LALLY: And, as far as the case officer is concerned, is the case officer someone who, particularly ina homicide investigation, as far as a decision as far as regarding charging, is that something a case officer would be tasked with?
MR. TULLY: No.
MR. LALLY: Now, turning your attention back to your testimony yesterday, there were items that you had retrieved from the SERT team search on January 29th, correct?
MR. TULLY: Yes.
MR. LALLY: And, as a precursor, if I could ask you sort of over the course of your career and specifically within the homicide unit with the district attorney's office, about how many death investigations, homicide investigations, have you been involved with?
MR. TULLY: I would say in excess of 600 unattended death investigations that I've personally investigated. That's not counting those phone calls or the phones I ended up declining that I'd mentioned yesterday. In addition to that, I probably have either worked or supervised 75 homicides. And then, getting back to the unattended deaths, I've supervised countless since I've attained the rank of trooper and lieutenant -- sorry, sergeant lieutenant.
MR. LALLY: And, with respect to your training and with respect to your experience, how many of those investigations have involved injuries which included abrasions?
MR. TULLY: Probably 10 to 20 percent of them.
MR. LALLY: And, if you could, at least from your experience, if you could explain to the jury what your understanding of what an abrasion is?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
BY MR. LALLY:
MR. LALLY: With regard to the items that you recovered on January 29th, there was one piece of clear plastic, you testified yesterday, that had something that you termed as stippling on the outside, correct?
MR. TULLY: Yeah. I might have used the word "dimples," but yes.
MR. LALLY: Now, with respect to Mr. O'Keefe, at some point did you have occasion to view photographs of Mr. O'Keefe from the Good Samaritan Hospital?
MR. TULLY: Yes.
MR. LALLY: And, with regard to the items that you recovered, what, if any, significance did you observe between those items and the injuries you observed to Mr. O'Keefe?
MR. TULLY: The injuries to Mr. O'Keefe, I noticed the abrasions had a certain pattern on them. And I know that when a blunt force object is involved in causing an abrasion, the characteristics of the object that comes in contact with a person will often leave the characteristics on that person in the form of an abrasion.
MR. LALLY: And, with respect to this specific case as far as any items recovered on January 29th and your observations of Mr. O'Keefe, what, if anything, did you observe of any significance in relation to that?
MR. TULLY: I'd be comfortable in saying that the marks on Mr. O'Keefe are consistent with --
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
BY MR. LALLY:
MR. LALLY: Now, sir, if I could turn your attention -- two other members of your unit are troopers by the name of Trooper Dunne and Trooper Moore; is that correct?
MR. TULLY: Yes.
MR. LALLY: And, on February 2nd, 2022, are you familiar with them retrieving some video in relation to this investigation?
MR. TULLY: Yes.
MR. LALLY: And specifically from the town of Canton, did they retrieve video from there?
MR. TULLY: Yes.
MR. LALLY: And specifically what location did they retrieve video from?
MR. TULLY: From the Canton Public Library at 786 Washington Street.
MR. LALLY: And are you familiar with them speaking with a gentleman by the name of Mr. Jutras?
MR. TULLY: Yes.
MR. LALLY: And he is an IT person with the town of Canton?
MR. TULLY: And, as far as the timestamp with regard to the video that was retrieved from the Canton Public Library, what, if any, information do you have in reference to that? A Whenever we retrieve video, we want to ensure the timestamp is accurate, is as we've learned, businesses are not always great about updating the timestamp. So that's always top of mind when we collect video. Mr. Jutras ensured us that the timestamp on the video was consistent and in realtime.
MR. LALLY: Now, the following day of February 3rd, are you familiar with Trooper Moore retrieving some additional surveillance video?
MR. TULLY: Yes.
MR. LALLY: And where did he retrieve that video from?
MR. TULLY: From Temple Beth Abraham in Canton at 1301 Washington Street.
MR. LALLY: Now, as far as those two locations as far as the Canton Public Library and the Temple Beth Abraham, are you familiar with where they are in relation to each other?
MR. TULLY: Yes.
MR. LALLY: Both located on Washington Street; is that correct?
MR. TULLY: Yes.
MR. LALLY: And about how far away from each other are they?
MR. TULLY: About a mile and a half.
MR. LALLY: Now, with reference to the temple video, what, if any, information did you receive in regard to the timestamp on that video?
MR. TULLY: That that was also accurate.
MR. LALLY: Now, from each of these respective locations, what time frames was Trooper Moore, in one instance, and Trooper Moore and Trooper Dunne, in the other instance, what time frames of video did they retrieve from each of those respective locations?
MR. TULLY: From 12:00 a.m. midnight to 1:00 a.m. and from 5:00 a.m. to 6:00 a.m.
MR. LALLY: And why was it that those were the time frames -- what you had learned to that point in the investigation, why were those the time frames that the troopers were looking for?
MR. TULLY: We had reason to believe that those were the times that Ms. Read's vehicle was traveling in and around that area.
MR. LALLY: We'll get to that a little bit more ina moment. But, as far as reason to believe that Ms. Read's vehicle was traveling in the area around those times, what, if any, information did you have to base that on?
MR. TULLY: We had statements and video from the Waterfall Bar & Grille, also on Washington Street, a little bit farther down and a car departing in that direction. We had information about a car that matched her description arriving at 34 Fairview at a certain time shortly before 12:30 a.m. And so like we always do, we do a video canvass and look for video cameras from that first known point, which would be the Waterfall Bar & Grille to the residence at 34 Fairview and then from there from 34 Fairview to One Meadows Ave., which was the home of John O'Keefe.
MR. LALLY: In reference to the morning hours between 5:00 and 6:00 a.m., the later morning hours between 5:00 and 6:00 a.m., what, if any, information did you have in relation to Ms. Read's travel at that time?
MR. TULLY: So we had learned through interviews that she was calling people as early as 4:45 in an effort to locate Mr. O'Keefe with a statement that she had left the house shortly after 5:00 a.m. We then know that she arrived at the McCabe residence on [REDACTED] after 5:30. So we were trying to account for the movements of the vehicle for that 30-minute block.
MR. LALLY: Now, in reference to the phone calls, you've had occasion to review information related to the defendant's phone?
MR. TULLY: Yes.
MR. LALLY: You mentioned that about 4:45 in the morning, she made phone calls trying to ascertain or allegedly trying to ascertain the whereabouts of Mr. O'Keefe; is that correct?
MR. TULLY: Yes.
MR. LALLY: Prior to those 4:45 a.m. phone calls, were there other phone calls that the defendant placed?
MR. TULLY: Yes.
MR. LALLY: And to whom did she place those calls and about what time?
MR. TULLY: Starting at 12:33 a.m. to 6:03 a.m., there were 53 phone calls from Ms. Read to a phone number associated with John O'Keefe.
MR. LALLY: And, in addition to those phone calls to Mr. O'Keefe's phone, what, if any, other calls did the defendant make prior to those 4:45 a.m. calls?
MR. TULLY: There were phone calls to her family members, to Jennifer McCabe, Kerry Roberts, the Cameranos. Those are the ones off the top of my head. I have the notes in front of me if you want me to refer to them.
MR. LALLY: Your Honor, if the witness may?
JUDGE CANNONE: Yes.
MR. TULLY: Would you like me to continue, A.D.A. Lally?
BY MR. LALLY:
MR. LALLY: Yes, please.
MR. TULLY: After 6:03 when Mr. O'Keefe was found, there were a number of calls to members of John O'Keefe's family.
MR. LALLY: Now, the phone calls to family members of her own, the defendant's family members, those were specifically to her mother and her father; is that correct?
MR. TULLY: Yes.
MR. LALLY: And did those phone calls precede the phone calls to either Ms. McCabe or Ms. Roberts or anybody else earlier that morning?
MR. TULLY: On the call detail records, they don't appear. But I know the phone dump has other information.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Lieutenant, turning your attention back to the videos we were speaking about, I'm showing you a disk and just ask you if you recognize that.
MR. TULLY: I do.
MR. LALLY: And what do you recognize that to be?
MR. TULLY: It is surveillance video from Temple Beth Abraham.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay.
(Whereupon, Temple Beth Abraham CD containing video was entered and marked Exhibit No. 572 in Evidence.)
COURT REPORTER: Exhibit 572.
JUDGE CANNONE: Thank you.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Showing you another document, do you recognize that, sir?
MR. TULLY: I do.
MR. LALLY: And what do you recognize that to be?
MR. TULLY: It is a map that I created with icons of the town of Canton.
MR. LALLY: And how did you create that map, sir?
MR. TULLY: Using Google Earth as the mapping software, I placed icons on locations within the town of Canton that are relative to this investigation to provide better context and illustrate the area that we are going to be discussing.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay.
(Whereupon, map was entered and marked Exhibit No. 573 in Evidence.)
COURT REPORTER: Exhibit 573.
MR. LALLY: And, Your Honor, may I return Exhibit 573 to the witness?
JUDGE CANNONE: Yes.
MR. LALLY: And, Your Honor, with the Court's permission, if I could publish that to the jury at this time?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, Lieutenant, do you have the laser pointer there before you?
MR. TULLY: I do.
MR. LALLY: So using that laser pointer, if you could direct the jury's attention to the icons that you inserted in reference to various points of relevant locations as well as any sort of route to travel or roadways depicted in this?
MR. TULLY: So each icon is a house-shaped icon that I have placed at different locations. The first one is red in color. It denotes where 34 Fairview Road is. Starting at the bottom, there is a pinkish color one that is the location of the Waterfall Bar & Grille. Just north of that, you'll see a brown one which denotes the Canton Public Library. Following up this street here, which is Washington Street, you'll come to Temple Beth Abraham which is denoted by the blue icon there. And then off to the right is One Meadows Lane with the green icon.
MR. LALLY: Now, as far as -- and, if you could, just using that laser pointer again, denote where the temple is?
MR. TULLY: It is the blue icon in the center of the map.
MR. LALLY: Now, as far as where the temple is located in reference to specific roadways, you mentioned it's located on Washington Street, right?
MR. TULLY: Yes.
MR. LALLY: And so what, if any, roads intersect with Washington Street around the location of --
MR. TULLY: Chapman Street is the street that runs in this direction towards Washington Street. So again, Washington Street is this street here. It continues and stays Washington Street as it turns slightly east in that direction.
MR. LALLY: And, as far as available points of directionality or ways to travel roadways from the area of the temple, it intersects to the area of Dedham Street; is that correct?
MR. TULLY: Yes.
MR. LALLY: And so as far as available routes of travel from the temple to 34 Fairview, if you could denote those on the map, as well?
MR. TULLY: If one were at the temple and were to travel to 34 Fairview, you could continue up Washington Street, take the left onto Dedham Street, which is that street you just mentioned, a left onto Cedarcrest and to enter that neighborhood down here (indicating). One could take a left and come down Chapman Street and take the right to enter the neighborhood in that direction, straight onto Fairview Road.
MR. LALLY: And, if you're approaching sort of from the Chapman Street side of Fairview Road as you come down Fairview Road, which side of the road would 34 Fairview be on?
MR. TULLY: Left.
MR. LALLY: And, similarly, if you're approaching from the Cedarcrest side of Fairview Road and you turn onto Fairview Road, which side of the street would 34 Fairview Road be on?
MR. TULLY: Right.
MR. LALLY: Thank you, sir. Now, with respect to each of these videos as far as the Canton Public Library video and the temple video, these are exterior cameras; is that correct?
MR. TULLY: Yes.
MR. LALLY: And sort of orientation-wise, where do they focus on and where are they pointed at?
MR. TULLY: The ones that we focused on were the ones that captured Washington Street.
MR. LALLY: Now, are you aware of another location right around the area of the Temple Beth Abraham called Cassies?
MR. TULLY: Yes.
MR. LALLY: And that's essentially like a convenience store; is that right?
MR. TULLY: Yes.
MR. LALLY: And were you able to, you or other troopers able to, retrieve video from that location, as well?
MR. TULLY: I don't believe so.
MR. LALLY: Now, Your Honor, with the Court's permission, if I could publish a portion of the video from the Canton Public Library, which is marked as Exhibit 110?
JUDGE CANNONE: Yes.
MR. LALLY: And, Ms. Gilman, if you could, from the first video and from the time on the video, I'd ask you to go to about 12:15. If you could pause it there.
BY MR. LALLY:
MR. LALLY: Now, again, for orientation purposes, Lieutenant, using the laser pointer, if you could just describe to the jury what we're sort of looking at here directionality-wise and what you observe in this video?
MR. TULLY: The main street in the video is Washington Street. The Waterfall Bar & Grille would be off to the right-hand side. And Temple Beth Abraham would be off to the left. The intersecting road we are looking at here is Sherman Ave., I believe.
MR. LALLY: Now, if one were to take that right, if you're coming from the right of the screen to the left of the screen on Washington Street heading on Sherman, and you were to take that right on Sherman, where did that take you?
MR. TULLY: You would head towards the neighborhood that One Meadow Ave. resides.
MR. LALLY: Now, were you also able over the course of the investigation -- did you have occasion to look at surveillance video from the Waterfall Bar & Grille, itself?
MR. TULLY: Yes.
MR. LALLY: And, from that video, were you able to determine a time in which Mr. O'Keefe was leaving from that establishment?
MR. TULLY: Yes.
MR. LALLY: And what, if any, observations as far as time or what, if any, observations did you make as far as what Mr. O'Keefe was doing or had with him when he left the bar?
MR. TULLY: When he left shortly after midnight, he was holding what appears to be a clear glass container.
MR. LALLY: And do you recall which hand he was holding it in?
MR. TULLY: His right.
MR. LALLY: And, specifically, that was about 12:11 a.m.; is that correct?
MR. TULLY: Yes.
MR. LALLY: Ms. Gilman, if you could, I am going to ask you to press "play" here and then pause again at 12:15:58.
(Whereupon, the video is played and paused.)
MR. LALLY: Now, looking up at the screen now where it is paused at 12:15:58, Lieutenant, what, if anything, do you observe there?
MR. TULLY: I observe a large, black SUV here on Washington Street.
MR. LALLY: And the large, black SUV that you observed, is that consistent with what you observed of the defendant's vehicle?
MR. TULLY: Yes.
MR. LALLY: If you could describe to the jury as far as when I asked Ms. Gilman to press "play," what is that vehicle going to do?
MR. TULLY: It's going to continue north on Washington Street through the intersection of Sherman and continue north on Washington Street.
MR. LALLY: And what, if anything, is sort of in that directionality as it continues off of the screen to the left?
MR. TULLY: It would be heading towards Temple Beth Abraham.
MR. LALLY: Ms. Gilman, if you could?
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, you can pause it there.
(Whereupon, the video is paused.)
MR. LALLY: Now, with respect --
MR. LALLY: Your Honor, with the Court's permission, if I could publish portions of the temple video?
JUDGE CANNONE: Yes.
MR. LALLY: And just continuing, my intention would be to sort of go back and forth if that's all right with the Court?
JUDGE CANNONE: Yes.
MR. LALLY: May I have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: And if you could pause there. Thank you.
(Whereupon, the video is paused.)
BY MR. LALLY:
MR. LALLY: Again, for orientation purposes, Lieutenant, if you could describe, using the laser pointer there, what we are looking at in this particular camera angle and shot as far as the roadway?
MR. TULLY: This is an exterior camera from Temple Beth Abraham at 1301 Washington Street. Where it's paused now at 12:01, I believe is the timestamp, you see a vehicle here. That vehicle is traveling on Washington Street. We are now on the other side of Washington Street, looking at it, than we were from the library. So south and towards the Waterfall, and the library would be off to the left. North would be off to the right.
MR. LALLY: Ms. Gilman, if you could fast forward to 12:17.
(Whereupon, the video is played.)
MR. LALLY: And if you could pause it.
(Whereupon, the video is paused.)
MR. LALLY: Now, as far as the time concerns, the video, the prior video from the library, was about 12:15 a.m. when you saw the vehicle consistent with the defendant's pass by that location?
MR. TULLY: Yes.
MR. LALLY: And so as far as this time that's up here now, approximately 12:17 or so or somewhere within that minute between 12:17 and 12:18, is that consistent with the time it would take to travel from where the library is on Washington Street to where the temple is on Washington Street?
MR. TULLY: Yes.
MR. LALLY: And, from this particular time period, around 12:17, between the minute of 12:17 and 12:18, what, if anything, did you observe of significance with reference to this investigation on this portion of this video?
MR. TULLY: At approximately 12:17:56, you will see a large, black SUV travel from left to right on the screen which, again, would be northbound.
MR. LALLY: And, again, left to right on the screen just for orientation purposes, what is in the direction from left to right on the screen as far as any significance to this case?
MR. TULLY: As you continue north on Washington Street, you would -- I believe the next intersection on the left is Dedham Street, which one could take to get to 34 Fairview Road.
MR. LALLY: Ms. Gilman, if you could, and I would ask you again to pause it at 12:17:56.
(Whereupon, the video is played and paused.)
MR. LALLY: And, again, Lieutenant, directing your attention to the screen and, if you could, using the laser pointer, direct the jury's attention to what, if anything, of significance you observe in this portion of the video at 12:17:56 from the Temple.
MR. TULLY: A large, black SUV traveling northbound on Washington Street.
MR. LALLY: And the large, black SUV, is that consistent with the large, black SUV that you observed in the prior video, Exhibit 110, from the Canton Public Library?
MR. TULLY: Yes.
MR. LALLY: Is that also consistent with what you observed as far as your personal observations of the defendant's vehicle?
MR. TULLY: Yes.
MR. LALLY: Ms. Gilman, if you could please press "play."
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, you can pause that and take that down please.
(Whereupon, the video is paused.)
MR. LALLY: Ms. Gilman, if I could ask you for the Canton Public Library video again. And, from this, I'm going to ask from the second video.
MR. LALLY: Now, Lieutenant, directing your attention to up on the screen, this is the Canton Public Library video, again, Exhibit 110?
MR. TULLY: Yes.
MR. LALLY: As far as this is the time frame that you were talking about before, between 5:00 a.m. and 6:00 a.m., that Troopers Dunne and Moore retrieved from Mr. Jutras, correct?
MR. TULLY: Yes.
MR. LALLY: And, with reference to as far as the conditions outside at this particular time, between 5:00 and 6:00 a.m., what, if anything, do you observe in this video?
MR. TULLY: The ground is now covered in snow.
MR. LALLY: And, Ms. Gilman, if I could ask you to fast forward to about 5:11 a.m. and pause it there.
(Whereupon, the video is paused.)
MR. LALLY: Now, Lieutenant, from this portion of this video from the Canton Public Library, what, if anything, of significance did you observe in this portion of the video relevant to this investigation?
MR. TULLY: You observe a large, black SUV take a left from Sherman Street onto Washington Street, heading south.
MR. LALLY: And, as far as the directionality from where that vehicle came from and the directionality of where that vehicle is heading toward, what, if any, of the locations of significance are located in those areas?
MR. TULLY: So again, Sherman Street or Ave. goes straight to One Meadows. So if one were to travel from Meadows Ave., the residence of John O'Keefe, to this location here, you would come down Sherman and you could take a left onto Washington Street to head south.
MR. LALLY: And, as far as south on Washington Street, again, off to the right of the screen, what, if any, locations of significance in this case are located in that direction?
MR. TULLY: The Waterfall Bar & Grille.
MR. LALLY: Now, as far as the black SUV that you observe in this video, again, is that consistent with the black SUV you observed in the Temple video from 12:17 a.m.?
MR. TULLY: Yes.
MR. LALLY: Is it also consistent with the black SUV that you observed in the library video from 12:15 a.m.?
MR. TULLY: Yes.
MR. LALLY: And is it also consistent with the defendant's black SUV?
MR. TULLY: Yes.
MR. LALLY: Now, with reference to -- are you familiar with Mr. O'Keefe's home having Ring cameras affixed to it?
MR. TULLY: Yes.
MR. LALLY: And are you familiar with a video from those Ring cameras depicting the defendant backing the black SUV out of Mr. O'Keefe's garage at approximately 5:07 a.m.?
MR. TULLY: Yes.
MR. LALLY: And, from that, as far as distance or time it would take to travel from Mr. O'Keefe's residence to this intersection covered by the Canton Public Library from 5:07 to 5:11 now depicted on the screen, is that consistent with the time it would take to drive that, particularly given the conditions?
MR. TULLY: Yes.
MR. LALLY: Ms. Gilman, if you could please press "play."
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, if you could pause that.
(Whereupon, the video is paused.)
MR. LALLY: Now, Ms. Gilman, if you could fast forward to about 5:15:30 and pause there, please.
MR. LALLY: Now, Lieutenant, between the time frames of 5:11 a.m. and 5:15 a.m., at any point in time do you observe the black SUV traveling back in the other direction?
MR. TULLY: Yes.
MR. LALLY: Okay. And specifically around 5:15 and 51 seconds, what, if anything, did you observe on this video of significance or relevance to this investigation?
MR. TULLY: A large, black SUV will appear on the screen on the right-hand side and travel to the left-hand side which, again, would be traveling north on Washington Street.
MR. LALLY: Now, as far as, again, directionality, north on Washington Street to the left of the screen would be towards the temple; is that correct?
MR. TULLY: Yes.
MR. LALLY: And, as far as the operating as far as directionality is concerned, what you observed in this area from 5:15 a.m., is that consistent with what you observed on the Canton Public Library video earlier at 12:15 a.m.?
MR. TULLY: Yes.
MR. LALLY: And, again, as far as the black SUV that you observe in this, it's consistent with all the other black SUVs you observed in the video and the defendant's vehicle, correct?
MR. TULLY: Yes.
MR. LALLY: And, Ms. Gilman, if you could press "play."
(Whereupon, the video is played.)
MR. LALLY: If you would pause there.
(Whereupon, the video is paused.)
MR. LALLY: And, Lieutenant, using the laser pointer you have before you, direct the jury's attention to where you observed the black SUV?
MR. TULLY: Here on Washington Street, near the intersection.
MR. LALLY: Again, using that laser pointer, if you could, just indicate to the jury as far as directionality where this vehicle was going.
MR. TULLY: North would be to the left-hand side of the screen towards Temple Beth Abraham.
MR. LALLY: Ms. Gilman, if you could press "play" again.
(Whereupon, the video is played.)
MR. LALLY: And if you could pause there. Ms. Gilman, you can take this one down. Now, Ms. Gilman, if I could ask for the Temple Beth Abraham video again. And, Your Honor, may I have just one moment?
JUDGE CANNONE: Yes.
MR. LALLY: If you could pause there, Ms. Gilman. For the record, this is from the Temple Beth Abraham video. This is from the period of 5:10 a.m. to 5:20 a.m., which is the second video listed down within those.
BY MR. LALLY:
MR. LALLY: Now, Trooper, with regard to this video, at some point around 5:18 a.m., what, if anything, did you observe of significance or relevance to this investigation from that period of the video?
MR. TULLY: A large, black SUV travel left to right on the screen.
MR. LALLY: And, again, as far as directionality, where would that vehicle have been coming from and where would that vehicle be heading toward?
MR. TULLY: The left side of the screen would be in the direction of the Canton Public Library and the Waterfall Bar & Grille. Off to the right, again, would be the intersection with Dedham Street which one could take to 34 Fairview.
MR. LALLY: And, as far as directionality with reference to the earlier video from 12:17 a.m. from the Temple Beth Abraham, is the directionality consistent in this video with what you observed at 12:17 a.m.?
MR. TULLY: Yes.
MR. LALLY: Now, Ms. Gilman, if you could play it from 5:18.
(Whereupon, the video is played.)
MR. LALLY: Pause it there, please.
(Whereupon, the video is paused.)
MR. LALLY: And, Lieutenant, what, if anything, do you observe in this portion of the video relevant to this investigation?
MR. TULLY: A large, black SUV traveling north on Washington Street.
MR. LALLY: And, again, is that large, black SUV that you observe here consistent with the large black SUV you observed in the prior videos and also consistent with the defendant's vehicle?
MR. TULLY: Yes.
MR. LALLY: And, Ms. Gilman, if you could please press "play" again.
(Whereupon, the video is played.)
MR. LALLY: Thank you, Ms. Gilman. You can take that down. Mr. Officer, we can have the lights back up.
MR. LALLY: Your Honor, if I could just have a moment?
JUDGE CANNONE: Sure.
BY MR. LALLY:
MR. LALLY: Now, Lieutenant, through the course of your investigation, are you familiar with what time it was that the -- approximately what time it was that the defendant arrived at Ms. McCabe's home?
MR. TULLY: 5:35 approximately.
MR. LALLY: And Ms. McCabe's home is located on [REDACTED] [REDACTED]; is that correct?
MR. TULLY: Yes.
MR. LALLY: Now, from the directionality of that vehicle in the 5:18 video, as far as timing is concerned, 5:18 to about 5:35 or so, is that consistent with the time it would take to drive from that area of the Temple Beth Abraham to Ms. McCabe's residence on [REDACTED]?
MR. TULLY: No, not if you were to drive directly there.
MR. LALLY: And so to that point as far as what about that time doesn't match up? Is it too short, too long or something else?
MR. TULLY: It would take you must quicker to get there. It's about a mile and a half from Temple Beth Abraham to [REDACTED]. You would continue north on Washington Street and just take a left into the i) [REDACTED] neighborhood. So the time to travel, a mile and a half.
MR. LALLY: And from sort of the distance between either that temple video and either 34 Fairview Road or [REDACTED], were you able to find, locate or retrieve any surveillance video in those areas that would capture the vehicle?
MR. TULLY: No.
MR. LALLY: Now, as far as -- you had mentioned earlier in your testimony when we were talking about the earlier 12:17 a.m. portion from the Temple Beth Abraham video. The directionality of that black SUV both at 12:17 and the 5:18, where is Fairview Road in relation to the directionality of the SUV that you observed there?
MR. TULLY: That SUV could take a left onto Dedham Street and then a left onto Cedarcrest to enter down to Fairview Road.
MR. LALLY: And, from your knowledge of the area as far as travel is concerned, from 5:18 to about 5:35 or so, would that allow for sufficient time to go from where it's viewable on the Temple Beth Abraham video for the vehicle to then travel to 34 Fairview Road and then travel to [REDACTED]?
MR. TULLY: Yes.
MR. LALLY: Now, I believe you had mentioned earlier in your testimony that at some point there were call detail records that were obtained in reference to the defendant's phone?
MR. TULLY: Yes.
MR. LALLY: And can you explain to the jury as far as -- let me ask you this first. With regard to call detail records, with regard to phones in general, what, if any, specialized training have you received or have you given in reference to those areas of focus?
MR. TULLY: I've received over 200 hours of training relative to obtaining and using call detail records and cell phone data in furtherance of criminal investigations. Most recently, I've given talks and seminars about the topic, and I've testified in numerous courts around the Commonwealth about the topic.
MR. LALLY: Now, can you explain to the jury sort of call detail records, what they are and how you would use them as far as utility and, generally speaking, in reference to investigations?
MR. TULLY: Call detail records are business records held by cell phone companies specifically to this matter that are created in the normal course of business typically you think about in a billing context. So if you think of your own cell phone bill, it would contain information like the date and time a communication occurred, the other phone number in which you communicated with, the duration of the call. That sort of bits of information. Obviously, as we are doing a criminal investigation, it is helpful to know with whom someone was communicating. Additionally, the cell phone companies memorialize other bits of information specific to what we refer to as CSLI, cell site listing information. They tell us the antennas that were used during the communication usually just in the form of the first antenna and the last antenna. There are other engineering records that we can obtain that can be helpful when trying to determine where the handset, cell phone, was at any given time.
MR. LALLY: And the handset that you refer to is essentially the phone, itself, correct?
MR. TULLY: Yes.
MR. LALLY: And, with relation to the handset and its connection to antennas or towers, can you speak a little bit about that based on your training and experience with reference to how the handset sort of communicates with an antenna and how it gets toa specific antenna?
MR. TULLY: Cell phone companies place antennas all around to help facilitate communication. You can think of a cell phone really as a two-way radio. It's sending and receiving radio waves. So in order to facilitate that, cell phone companies place these antennas all around. Traditionally, you can think of them on a tower, but they can also be on a place on the side of buildings or disguised as trees or just on the top of light poles. So they are all around, but you don't quite know it. As far as how the handset communicates with the antenna, there are different variables that go into that. Now, the cell phone wants to connect to the antenna with the strongest signal. The best predictor of a strong signal is distance. So the further a radio wave travels, the more it's going to degrade and not be as strong. But there are other factors that can degrade or reduce the strength of a radio wave, specifically, an obstruction. If you are in a basement of a building or standing behind a large brick wall, the radio waves aren't going to penetrate that as well. But even things like precipitation or foliage on a tree can also hinder it. When you think about rolling hills here in Massachusetts and tall buildings, they can also disrupt radio waves.
MR. LALLY: Now, as far as that sort of disruption of radio waves, are you familiar with certain areas that get sort of termed as a dead zone?
MR. TULLY: Yes.
MR. LALLY: And can you explain what your understanding of that term is as it relates to what you've been talking about as far as the handset communicating with the antenna?
MR. TULLY: I would define a dead zone as an area where there is not good cell phone coverage. So the antennas are not covering that area for whatever reason, obstruction, the density of the tower. Oftentimes -- well, an antenna can only handle so many cell phones at a time. It's an idea that we coin or refer to as load. So there's only a certain number of devices that can handle an antenna. My best analogy of that is Gillette Stadium. I have worked the Gillette Stadium detail many times. We have roll call for Patriots game early in the morning. I take my post. I have strong functionality on my cell phone. As hundreds of thousands of devices are now entering the area around Gillette Stadium, the functionality of my cell phone reduces as more devices are using the antennas in that area.
MR. LALLY: Now, with respect to the cell phone companies, themselves, they create or utilize this data for their own business purposes, correct?
MR. TULLY: Yes.
MR. LALLY: And can you just briefly explain a little bit about sort of what the cell phone companies would be using that's kind of data forward as far as what you're talking about, connections to antennas and towers?
MR. TULLY: It's a company who wants to make money. So it's gong to memorialize things to build the customers appropriately. They are also required by the FCC to keep for a certain period of time certain records because they are a communications provider. So there are some requirements, regulatory, that they need to fulfill.
MR. LALLY: Now, as far as the information that you're able to glean from these call detail records, I believe you've spoken a little bit about it. But as far as what, if any, limitations are there with reference to the information you're able to glean from the records?
MR. TULLY: Well, the overarching one is I can only get what I get. So whatever the company sends me, that's what I can use in my determinations. The next step is when we're talking about antennas. I will never -- T'll have difficulty saying exactly where a cell phone was when using an antenna. I can make generalizations that the phone is going to be in the area of the antenna. But I would never, with just that specific information, be able to tell you exactly where it is. I can look at other records like engineering records where especially now with 4G and 5G technology, the cell phone providers need to know how far away a handset is from the antenna in order to facilitate that communication. And they keep those ranging records for me. So if I can obtain those records, I can then place a much narrower area where a cell phone would have been during a time period.
MR. LALLY: Now, in reference to this investigation, there was a search warrant that Trooper Proctor did with regard to call detail records from Ms. Read's phone, correct?
MR. TULLY: Yes.
MR. LALLY: And were you able or did you have occasion to look at those call detail records?
MR. TULLY: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, may we approach sidebar briefly?
JUDGE CANNONE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: Your Honor, my apologies for not handling this earlier, but there is Ms. Read's cell number here. All I'm going to ask for is the last four digits. At this point, what I would say is if I could mark it for identification subject to redaction and then mark it as an exhibit if that's acceptable.
MR. JACKSON: I have no problem with that.
JUDGE CANNONE: Okay. Well, can he just take a Sharpie and black it out and take less time?
MR. LALLY: Sure.
JUDGE CANNONE: All right. Do you have a Sharpie?
MR. LALLY: Ms. McLaughlin has one.
JUDGE CANNONE: Is there an objection to this coming into evidence?
MR. JACKSON: I need to take a quick glance at it. I think I know what it is.
JUDGE CANNONE: The unnecessary noise.
MR. JACKSON: I'm sorry.
JUDGE CANNONE: Thank you.
(Whereupon, the sidebar conference concluded.)
MR. LALLY: Thank you, Your Honor. May I approach the witness? Yes.
BY MR. LALLY:
MR. LALLY: I'm showing you a four-page document. I'd ask you to just look at that and look up when you're finished.)
MR. TULLY: (Witness complies.)
MR. LALLY: Do you recognize that document, sir?
MR. TULLY: Yes.
MR. LALLY: What do you recognize it to be?
MR. TULLY: It's a subscriber information for the phone number ending in 9554.
MR. LALLY: And, through the course of your investigation as far as that phone number ending in 9554, who, if anyone, did you find that number to be associated with?
MR. TULLY: The defendant, Karen Read.
MR. LALLY: Now, with respect to the documents before you, that has some listing of account information, is that correct?
MR. TULLY: Yes.
MR. LALLY: Who is listed as a subscriber for that account with the phone number ending in 9554?
(Whereupon, the answer, following question and answer is ordered sealed by the Court.)
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth seeks to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: All right.
(Whereupon, call records Re: 9554 was entered and marked Exhibit No. 574 in Evidence.)
COURT REPORTER: Exhibit 574.
JUDGE CANNONE: I'm actually going to see counsel at sidebar for just a minute.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Ms. Little and I looked at each other and clearly caught the address at the same time.
MR. JACKSON: And so did I.
JUDGE CANNONE: Please don't use it again. We will redact it from these. I'm mindful that the exhibits go to the press. Okay?
MR. JACKSON: Your Honor, I would ask that that portion of -- I don't know how difficult it is, but that that portion of the transcript should be sealed. She still lives at that address and he just blurted it out.
JUDGE CANNONE: So the transcript is made for purposes of appeal. For the purpose of keeping this record, nobody is getting a transcript of this case.
MR. JACKSON: Oh, so the press can't get the transcripts?
JUDGE CANNONE: No.
MR. JACKSON: If that's the case, then I'm not worried about it. I'm just worried about it being --
JUDGE CANNONE: The press won't get that part of the transcript.
MR. JACKSON: Okay. That's my preference.
JUDGE CANNONE: Ms. Little -- I know. I understand, and we had it here. So it wasn't -- it's regretful that it happened.
MR. JACKSON: And it was a leading question. I didn't know it was coming until it was already too late.
JUDGE CANNONE: I saw. You were doing other things. I don't blame you. That's fine. But it's only four pages and he just looked at it a minute ago. I understand these things happen.
MR. JACKSON: Right.
JUDGE CANNONE: But I'm not going to do anything, draw any attention to it at this point.
MR. JACKSON: That's fine.
MR. LALLY: My apologies, Your Honor. It was certainly not my intention.
JUDGE CANNONE: No. I understand. Nobody is suggesting it was, Mr. Lally. So why don't we --
MS. LITTLE: I can do it and hand it back up to the Court.
JUDGE CANNONE: That's fine.
MR. JACKSON: Thank you.
MR. LALLY: Thank you, Your Honor.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Did we mark that?
COURT REPORTER: Yes, Your Honor.
JUDGE CANNONE: Thank you. So that's 574?
COURT REPORTER: Five seventy-four.
JUDGE CANNONE: Thank you. All right. Go ahead, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
BY MR. LALLY:
MR. LALLY: Now, as far as the information that you received with reference to call detail records, is there a section called a records key?
MR. TULLY: Yes.
MR. LALLY: And can you explain to the jury what a records key is and how you use that in order to facilitate or read the records?
MR. TULLY: The records key give us the definitions of terms that are used in the record. So the record comes usually in the form of a spreadsheet or a PDF. You'll get columns and rows. The columns will be names of certain things, and those titles are often specific to the company. So I want to make sure that I'm reading and understanding what the data is.
MR. LALLY: Now, I believe you alluded to it earlier in testimony, but just for the jury edification, if you could, describe to the jury what your understanding of the term as far as "cell site listing information" and how that's used in an analysis of call detail records.
MR. TULLY: CSLI is referred to as that billing information, time, date, duration, other phone number, and it has the antenna used during the communication. So just as it says, it's a cell cite, which is another term for antenna, as I usually use.
MR. LALLY: Now, sir, through your training and experience, are you familiar with the term in reference to this type of material called ranging data?
MR. TULLY: Yes.
MR. LALLY: Can you explain to the jury what you understand that term to mean and how it's used in interpretation of call detail records?
MR. TULLY: So the ranging data goes back to the engineering reports I mentioned earlier. That can provide more information. They can tell me the antennas that were used during communication. It can tell me the range in which the handset was away from the antenna. So now opposed to just kind of making general determinations of whether a handset was near an antenna, I now have a range. So I will plot the location of the antenna, measure out that distance and draw an arc with that radius of the distance on a map. I can make an assumption that the handset is somewhere on that arc. The ranging data is also helpful because the user does not needs to be actively using the phone in order for our record to be created. The billing record is going to be a phone call made and received, text messages made and received. A cell phone, as it sits today, is still communicating with the antenna. You're getting notifications. It's checking email. It's updating. Because it's utilizing the network, your cell phone provider is capturing that data and it's generating a record even though unbeknownst to the user.
MR. LALLY: Okay. So to that point or illustrative of that point, so if I'm standing right here with the cell phone in my pocket, not using it, not turning it on, not activating it in any way, that cell phone is still doing some sort of communication with the closest or some antenna within the vicinity?
MR. TULLY: Yes.
MR. LALLY: Now, are you also familiar with a term called UTC or Universal Time Code?
MR. TULLY: Yes.
MR. LALLY: And can you explain to the jury what that term means and how it relates to these types of records?
MR. TULLY: So UTC are now known as coordinated universal time, is the time zone along prime meridian. So if you think of the globe, you've got longitude and time zones. The prime meridian is a spot that runs through Western Europe and Western Africa. That is the line in which all time zones around the world is predicated. And UTC would be a time there, and it's not determined by Daylight Savings Time, either. So all those time zones, like I said, around the globe are predicated on that. Because it's one standard time in a globe, a lot of records will come in UTC time and you have to make the conversion. And they will provide records, specifically to a cell phone, what time it was locally, but it will tell me what the UTC time was. So for me to figure out what the time was locally during the time of the communication, I've got to do the conversion.
MR. LALLY: And to that point as far as the conversion is concerned, what type of conversion are we talking about?
MR. TULLY: Here on the eastern side of the United States, it's minus four hours during the summer and minus five in the winter.
MR. LALLY: Now, as far as these records are concerned, what, if any -- I believe you spoke a little as far as the arc and plotting them. But, if you could, expound on that as far as explain to the jury what it is exactly you're able to do with the information from the call detail records as far as a visual representation.
MR. TULLY: You said two things there, so I want to make sure I answer the question right. You mentioned ranging data but CSLI. So specific to the engineering report in ranging or CSLI?
MR. LALLY: Let's first start with the CSLI.
MR. TULLY: So with the CSLI, I will place on a map the location of the antenna. I mentioned load a little bit, but that load factor determines on how dense the antennas will be from -- placed by the provider. So if you think of an urban environment, there's more cell phones. There's more devices that need antennas. So the location of the antennas will be more dense. I've seen them as close as 100 yards away from each other in an urban environment. If you come out to the suburbs, there are less devices. The company is going to put less antennas because they don't want to put them up where they don't need to. They are going to be further away. So in Norfolk County, the antennas are placed anywhere from a mile to four or five miles apart.
MR. LALLY: And so there would be a difference as far as the amount of antennas and the amount of towers like, say, in the town of Canton versus downtown Boston?
MR. TULLY: Yes.
MR. LALLY: And, again, I think it's pretty clear. But which of those two as far as downtown Boston or the town of Canton would have more antennas and more towers for a cell phone to connect to?
MR. TULLY: Downtown Boston would have more.
MR. LALLY: And so with relation to the number of antennas or towers that a handset or a cell phone could connect to, what, if any, relation does that have to geographic location or what you're able to glean in reference to geological location from the call detail records?
MR. TULLY: Once I place the antenna on a map, I will look at where the other antennas are. And I can make a general determination that the cell phone was closer to that antenna than other antennas. Again, there's the caveat, and I'll say it up front, is that there are other mechanisms that could prevent it from connecting with the closest tower. But generally, it's going to connect to that closest tower. Now, again, there are redundancies built into the system. If an antenna goes down because it gets struck by lightening or it needs service, there are other antennas nearby that can cover an area.
MR. LALLY: Now, with respect to the CSLI data, were you able to do that in this case as far as plotting that on a visual representation on a map?
MR. TULLY: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I'm showing you I believe it's a 10-page document and just ask you to review that and look up when you're finished.
MR. TULLY: (Witness complies.)
MR. LALLY: And do you recognize that, sir?
MR. TULLY: Yes.
MR. LALLY: What do you recognize that to be?
MR. TULLY: It's a series of maps that I created depicting the records obtained from that number ending in 9554.
MR. LALLY: And that's plotted onto sort of a Google image or a Google Earth image?
MR. TULLY: I used Google Earth to create the maps. I then take a screenshot and place it typically in PowerPoint in order to make it look nice.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection, Your Honor.
(Whereupon, map was entered and marked Exhibit No. 575 in Evidence.)
COURT REPORTER: Exhibit 575.
JUDGE CANNONE: Thank you.
MR. LALLY: May I return that to the witness, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I have a moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: So, Lieutenant, directing your attention to the second page therein --
MR. LALLY: And, Your Honor, with the Court's permission if I could publish this to the jury?
JUDGE CANNONE: Okay.
BY MR. LALLY:
MR. LALLY: So, Lieutenant, do you recognize now what's depicted now up on the screen?
MR. TULLY: Yes.
MR. LALLY: And, again, what do you recognize this to be?
MR. TULLY: It is a map that I created using the information from the call details records or CSLI from that account.
MR. LALLY: And from what time period of call detail records are we looking at in this particular representation?
MR. TULLY: From 12:33 a.m. to 12:34 a.m. Again, I had done the conversion for the purposes of making this exhibit. So if one were to look at the call detail records, you may see the UTC time. For the convenience, I've done the conversion for purposes of the exhibit.
MR. LALLY: Now, sir, if you could, using the laser pointer before you, direct the jury's attention to what, if anything, of significance that you plotted out and put into this visual representation?
MR. TULLY: So first we are looking at the area of the town of Canton. I placed different landmarks again to give context to what we are talking about here. You see 34 Fairview Road as a yellow house icon, One Meadows Ave., Canton, as a darker color, and the Waterfall Bar & Grille as another icon. Now, off to the left just west of Route 95, which you'll see running here, you'll see a red triangle which I use consistently as the antenna, anda series of numbers and letters next to them. So next to them is the numbering system that Verizon assigns to that antenna. So in this instance, we are looking at eNB, which is the antenna acronym, specifically, 57171.
MR. LALLY: To be clear, as far as that marking with the red triangle and the eNB-ID57171, that is the antenna that the handset or the defendant's cell phone is connecting to at that point, correct?
MR. TULLY: Yes. And I always try to be clear that that is the antenna. That's not where I'm saying the handset was.
MR. LALLY: So the handset is somewhere in that vicinity based on your training and experience; is that correct?
MR. TULLY: Yes.
MR. LALLY: Ms. Gilman, if we could have the next slide.
MR. LALLY: And, sir, what time period are we looking at in this particular representation?
MR. TULLY: 12:35 to 12:37 a.m.
MR. LALLY: And, again, if you could, using the laser pointer before you, direct the jury's attention to what, if any, significance or relevance did you depict in this representation?
MR. TULLY: Those same icons appear as about the locations relative to this investigation. You will see another red triangle here close to Route 95 which is eNB- ID57286. And, during this time period, the handset associated with this account communicates with that antenna.
MR. LALLY: And, from the locations significant to relevance as far as eNB-ID57286, which of them is the closest to in this depiction?
MR. TULLY: It's just north of 34 Fairview Road.
MR. LALLY: And now if I could direct your attention to the next one.
MR. LALLY: Ms. Gilman, if I could have the next slide?
MR. LALLY: And, Lieutenant, what time frame are we looking at in this slide?
MR. TULLY: This comes from one call that occurred at 12:38 a.m.
MR. LALLY: And, as far as if you could, again, use the laser pointer and direct the jury's attention to what, if any, other locations you identified or signified in this representation?
MR. TULLY: Again, same icons for the south, the bottom. The antenna is located here at the intersection of Route 93 and 138, and it's eNB-ID57021.
MR. LALLY: And, of those locations of interest that you signified within this slide, where is eNB-ID57021 in relation to those?
MR. TULLY: If you think back to the previous slide, so now we have moved a little bit further east. Here is Fairview Road and here is One Meadows Ave.
MR. LALLY: If I could direct your attention to the next slide.
MR. LALLY: And if I could have the next slide, Ms. Gilman, please.
MR. LALLY: Lieutenant, what time frame are we looking at in this one?
MR. TULLY: 12:39 a.m. to 5:08 a.m.
MR. LALLY: And, again, if you could, using the laser pointer, direct the jury's attention to what, if any, locations of significance you note in this.
MR. TULLY: So there were a series of calls during this time period. They all used this antenna here, eNB- ID57199, which is south of Meadows Ave.
MR. LALLY: If I could direct your attention to the next slide.
MR. LALLY: Ms. Gilman, if I could have that one, please.
MR. LALLY: And, Lieutenant Tully, what are we looking at as far as time frame in this particular slide?
MR. TULLY: There was one entry in the call detail records at 5:16.
MR. LALLY: And, again using the laser pointer, if you could direct the jury's attention to what, if any, locations you denoted within this particular slide?
MR. TULLY: T'll start with the antenna that was used, which was 57259 here in downtown Canton, just north of the Waterfall Bar & Grille.
MR. LALLY: If I could direct your attention to the next slide, sir?
MR. LALLY: Ms. Gilman, if we could?
MR. LALLY: Lieutenant, what time frame is that depicted in this slide?
MR. TULLY: 5:19 a.m.
MR. LALLY: Again, if you could, using the laser pointer, direct the jury's attention to where the antenna is that the defendant's phone is connected to at this point and what, if anything, is the closest to it?
MR. TULLY: Slightly further south than the previous one, it's 57199, directly south of One Meadows Ave.
MR. LALLY: Now, I'm going to ask you to turn to the next slide, Ms. Gilman. If I could have that one.
MR. LALLY: Lieutenant, what time frame are we looking at in this one?
MR. TULLY: 5:20 a.m. to 5:37 a.m.
MR. LALLY: And, again, if you could, using the laser pointer, direct the jury's attention to where the antenna is and what, if any, of the locations you observed and where it is in reference to?
MR. TULLY: I previously mentioned this one here at the intersection of Route 93 and 138. It's ID57021. It is north of those locations I had mentioned earlier, 34 Fairview and One Meadows Ave.
MR. LALLY: And the next slide.
MR. LALLY: What time frame are we looking at in this, sir?
MR. TULLY: It's one entry at 6:00 a.m. from the record.
MR. LALLY: And, if you could, again using the laser pointer, direct the jury's attention to the antenna and where it is in relation to the locations of interest in this slide?
MR. TULLY: It is located just north of Waterfall Bar & Grille in downtown Canton.
MR. LALLY: And the next slide.
MR. LALLY: What time frame are we looking at in this slide, sir?
MR. TULLY: 6:03 to 6:57 a.m.
MR. LALLY: And, again, using the laser pointer, if you could, direct the jury's attention to which antenna the defendant's cell phone is connected to at this point and where it is in relation to locations of Significance or relevance throughout the course of this investigation.
MR. TULLY: During this time period, the cell phone will bounce back and forth between two antennas. So I did lump them together and place them on one map with this time frame here. So you will see two antennas. One is this one here just west of Route 95, which is 57171. The other antenna is north of 34 Fairview, which is 57286.
MR. LALLY: Now, Sir, as far as the locations that you observed from looking at the CSLI information from the defendant's phone, what, if any, relationship did you note with them in relation to what you had observed on each of the respective videos from the Canton Public Library and the Temple Beth Abraham?
MR. TULLY: It's consistent. As with anything in our investigation, we want to get corroborating information. So the best corroboration about the location of a handset is to obtain video, receipts, anything else with a timestamp and a location that we can corroborate location of a handset.
MR. LALLY: And, with respect to information that you had received as far as the defendant's whereabouts, what, if any, consistency or corroboration was there between witness accounts of the defendant, including the defendant's own statements, as far as where she was and what you retrieved from the CSLI?
MR. JACKSON: Objection.
JUDGE CANNONE: Ask it differently, Mr. Lally.
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: Throughout the course of the investigation, were you made aware of path of travel attributed to the defendant both between the hours of -- between the times of 12:00 a.m. and 6:00 a.m.?
MR. TULLY: Yes.
MR. LALLY: And the information that you obtained from the CSLI records, was that consistent with what you knew as far as the location of the defendant?
MR. JACKSON: Objection.
JUDGE CANNONE: Ask it differently, Mr. Lally. The objection is sustained.
BY MR. LALLY:
MR. LALLY: With respect to what you knew as the path of travel of the defendant, the information that you obtained from the CSLI, what, if any, relationship was there between that and the path of travel you knew?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MR. TULLY: It's consistent.
BY MR. LALLY:
MR. LALLY: Now, sir, as far as the ranging data, what, if anything, were you able to do with the ranging data in relation to a visual depiction of that?
MR. TULLY: Similar to the maps we just saw using Google Earth, I made a visual representation of what the records display, specifically where the antenna is. But I did take that additional step to measure the distance out from the antenna that's depicted in the records and draw a semicircle line depicting where that range would lie.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I show you a document, sir, this one being three pages and ask you to look at that.
MR. TULLY: (Witness complies.)
MR. LALLY: Do you recognize those documents, sir?
MR. TULLY: Yes.
MR. LALLY: And what do you recognize those to be?
MR. TULLY: A series of maps I created using the ranging or engineering report.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, range reports were entered and marked Exhibit No. 576 in Evidence.)
COURT REPORTER: Exhibit 576.
JUDGE CANNONE: Thank you.
MR. LALLY: And, Your Honor, may I return them to the witness?
JUDGE CANNONE: Yes.
MR. LALLY: And, with the Court's permission, if I could display to the jury what has now been marked as 576?
JUDGE CANNONE: Okay.
BY MR. LALLY:
MR. LALLY: Now, turning your attention to the second page of what's now been marked as Exhibit 576, is that what's up on the screen? What you have before you as Exhibit 576, the second page in, is that what's up on the screen, Lieutenant?
MR. TULLY: Yes.
MR. LALLY: Now, if you could, again, what time frame are we looking at here?
MR. TULLY: 12:17 a.m.
MR. LALLY: And, again, sir, if you could, using the laser pointer, describe to the jury what's depicted in this particular slide.
MR. TULLY: So two locations again as a frame of reference, 34 Fairview Road in Canton and the Waterfall Bar & Grille are depicted with icons. You'll notice a red lollipop icon here. Next to it, you see a number and the words either "first" or "last." This one, three first and last. If you were to go back to the record or the ranging report, you would go to Line 3, and that's where you would find this record. So it's just an easy way to cross-reference the map with the documents. With these ranging reports, it gives me the range that the handset was from the antenna at the beginning of the communication and at the end of the communication. So it's the first range and the last range. That's why we're using those words. You'll notice a line that goes straight out to the semicircles. That line denotes what's called the azimuth. I failed to kind of describe what an azimuth is. So as antennas are placed in these locations, they are pointed ina direction. Now, they are not typically a 360-degree antenna. Some are but mostly they're not. They're pointed in a direction and have a beam width. Rule of thumb, and as you'll see with the records with Verizon, it says typically it's 120-degree beam width, because they will place three around a circle and get 360 degrees. So with this record here, I know what the azimuth is. I then draw a semicircle in each direct. T'll go beyond that 120 degrees just to give deference to maybe it was on the outer edges of that. So I want to give the tie to maybe it was further away. So that's what's depicting on the map.
MR. LALLY: Now, with reference to the semicircle, itself, if I could ask, is the semicircle that is being drawn, what does that exactly denote as to the location of the handset or the cell phone?
MR. TULLY: The report is telling me that the handset is somewhere on that semicircle. So the phone could be anywhere from here on the semicircle, all the way around to there on the semicircle?
MR. LALLY: So again, it's not denoting sort of that the handset or the phone is within the confines of the semicircle but actually on the line that you've drawn?
MR. TULLY: Correct.
MR. LALLY: If I could ask you to flip to the next slide, Ms. Gilman, the next one.
MR. LALLY: Now, with reference to what's up on the screen now, Lieutenant, what time frame are we looking at here?
MR. TULLY: 5:18 a.m.
MR. LALLY: And, again, if you could, using the laser pointer before you, draw the jury's attention or direct the jury's attention to what, if anything, of Significance you observed in this slide?
MR. TULLY: So the two icons again appear on the map, the Waterfall Bar & Grille, 34 Fairview Road. Here is that red lollipop, which is the antenna that's used during the communication, the azimuth or the direction in which the antenna is facing is depicted on there, and two semicircles, the first one and the last one. Asa frame of reference, I failed to put the Temple Beth Abraham, which would appear right here.
MR. LALLY: Now, from what's depicted in these last two exhibits as far as what you were able to plot out from the CSLI and the ranging data, what, if anything, what, if any, significance did that have as far as in reference to the investigation and the handset or the defendant's phone?
MR. TULLY: It's important to figure out the movements of someone that we are investigating for a crime. So these ranging records really narrow down the scope of they're somewhere around this antenna to it's possible they were somewhere on this line. Again, these records are just depicting where the handset was. But, as we all know, we all travel with our cell phone within arm's reach.
MR. LALLY: And, again, in reference to this ranging data in the last two slides here, what, if any, relationship did you find that to have with other information, being videos and witness statements that you obtained during the course of the investigation?
MR. TULLY: So as we previously showed, Temple Beth Abraham, which would be located here, just south of this intersection here, depicts a large, black SUV traveling north on Washington Street. That SUV is similar to the defendant's. And, with this record here, the phone associated with the defendant was somewhere on this arc at that exact same time.
MR. LALLY: May I have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you, sir. I have no further questions, Your Honor.
JUDGE CANNONE: Okay.