Nicholas Guarino — Direct (Part 1)
615 lines(Court in session.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: All right, Mr. Lally, your next witness, please.
MR. LALLY: Yes, Your Honor. The Commonwealth calls Trooper Nicholas Guarino to the stand. NICHOLAS GUARINO, sworn
JUDGE CANNONE: Good afternoon.
MR. GUARINO: Good afternoon.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. GUARINO: Good afternoon, sir.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. GUARINO: Yep. Nicholas Guarino, G-U-A-R-I-N-O.
MR. LALLY: And how are you employed, sir?
MR. GUARINO: I work for the Massachusetts State Police.
MR. LALLY: And how long have you been a member of the Massachusetts State Police?
MR. GUARINO: This is my ninth year now.
MR. LALLY: Now prior to working with the state police, what if any prior experience did you have in the field of law enforcement?
MR. GUARINO: I was a local police officer in Norwood for almost 11 years.
MR. LALLY: Now, with respect to your role within the state police, where is it that you work now?
MR. GUARINO: Currently work at the Norfolk District Attorney's Office.
MR. LALLY: And within the detective unit; is that correct?
MR. GUARINO: Yes, that's correct.
MR. LALLY: And with respect to that, what if any specialized role do you have within the detective unit attached to the Norfolk DA's office?
MR. GUARINO: I conduct cell phone forensics, computer forensics, and I also do sexual assault investigations.
MR. LALLY: Now, with regard to the electronic forensics, what if any specialized training have you received in that particular area?
MR. GUARINO: I have about 300 or so hours at Cellebrite, CCO, CCPA, cell phone repair forensics, Berla motor vehicle forensics, Axiom Magnet cell phone and computer forensics, Xways. These are all different programs used for cell phone and computer forensics.
MR. LALLY: Sir, at some point, did you become involved in an investigation involving the defendant Karen Read?
MR. GUARINO: Yes.
MR. LALLY: And with respect to that, let me just ask you, at some point did you become aware of an affidavit from a defense expert named Richard Green?
MR. GUARINO: Yes, I have.
MR. LALLY: And at some time following that, did you have occasion to reach out to Cellebrite with regard to what had been posited by Mr. Green in regard to two Google searches contained within Jennifer McCabe's phone?
MR. GUARINO: Yes, I did.
MR. LALLY: And eventually at some point, did you have occasion to speak with the gentleman who came in here right before you, Mr. Ian Whiffin?
MR. GUARINO: Yes, I did.
MR. LALLY: And so that wasn't Trooper Proctor that reached out to Mr. Whiffin or had any communication that you're aware of with Mr. Whiffin, correct?
MR. GUARINO: No, that was I reached out after the defense expert's findings were released, and I read his report.
MR. LALLY: And did you also have occasion to review a report from a Ms. Jessica Hyde?
MR. GUARINO: Yes, I did.
MR. LALLY: And with respect to those two reports, what if any conclusions or opinions did you come to independently in relation to those opinions at the time of Mr. Whiffin?
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Now, Trooper Guarino, you had mentioned that you've had specialized training in regards to something called Berla, correct?
MR. GUARINO: Yes.
MR. LALLY: Could you please explain to the jury what Berla is and how is it used in criminal investigations in your line of work?
MR. GUARINO: So Berla is a specialized hardware and software used to download the infotainment and telematics modules in a vehicle. So telematics module is basically like the SIM card for the car, and the infotainment system is your radio head unit that enables you to have Apple Play -- excuse me -- CarPlay or android or Google Play for the vehicle.
MR. LALLY: And at some point, were you made aware of a search warrant that was authored in regards to seizing the infotainment system from Ms. Read's vehicle?
MR. GUARINO: Yes, sir.
MR. LALLY: And just so the record is clear, can you describe Ms. Read's vehicle as far as what type of vehicle we're talking about?
MR. GUARINO: Yes, it's Lexus LX 570 SUV.
MR. LALLY: And specifically on February 2, 2022, did you have occasion to remove that infotainment system from the vehicle pursuant to that search?
MR. GUARINO: Yes, I did.
MR. LALLY: And once that item was removed from the defendant's vehicle, what, if anything, did you do with it?
MR. GUARINO: After we removed it from the vehicle, it was brought back to Norfolk DA's office for that extraction or attempt to.
MR. LALLY: And that data extraction, if you know based on your training and experience, sort of how is that conducted or what is the process of extracting data using Berla?
MR. GUARINO: So depending on the system, it's dismantled. They have this specialized hardware that actually goes on to the motherboards of these systems, and we're able to pull the data. Or the other option, if that's not viable, is to do a chip off where we have to basically destroy the motherboard and take the memory chips off the devices, try to get the data that way.
MR. LALLY: Now, with reference to this specific device, what if any efforts did you undergo in order to track the information without using the chip off?
MR. GUARINO: So at the time that we pulled the system, it was not supported. I emailed Berla and called them to see if they had a timeline of when this might be supported so we could get the data. We deemed chip off last port -- excuse me -- as a last resort because it is a destructive process, so once those memory chips are taken off, the likelihood of trying to reattach them and get it to work again is very slim.
MR. LALLY: Let me stop you there for a second. When you talk about an item being supported, what does that mean?
MR. GUARINO: Whether or not Berla has the ability to pull the data from that vehicle.
MR. LALLY: And how is that sort of determined, or how are you able to ascertain whether or not a particular vehicle, make, model, manufacturer is supported by the Berla product?
MR. GUARINO: They have an app, and they also have their tech support. But if you put in the VIN of the vehicle, or if you don't have the VIN, you have the make, model, and trim level, like limited or XLE or whatever, you would be able to go in and look it up and basically say -- Berla will tell you, yes, it's supported for GPS points, or it's supported for diagnostic data, or, you know, whatever that they're able to get out of the vehicle, and they work with automakers to get these -- get this data, so.
MR. LALLY: And approximately how many different types of -- if we're looking at sort of the entirety of different makes and models and manufacturers, if you know, sort of what percentage of those types of vehicles are actually supported and Berla can actually extract information?
MR. GUARINO: I don't know. As of right now, it's a lot, and they're constantly updating it so they are able to do more vehicles as time goes on.
MR. LALLY: Now, at this particular time, as we sit here today, June 17, 2024, the vehicle that the defendant was operating on January 29, 2024, is that vehicle available or supported by Berla at this time?
MR. GUARINO: The trim level that the defendant had is not still supported. There is Toyota and Lexus support now, but it's not, unfortunately, for her model.
MR. LALLY: Now, you mentioned that you had reached out to the Berla company for updates as far as the availability or when the defendant's vehicle might be supported; is that correct?
MR. GUARINO: That's correct.
MR. LALLY: And about how many times and over what time period are we talking about that you reached out to ascertain?
MR. GUARINO: Immediately when I did the data extraction -- I shouldn't say extraction. But when I took the system out of the vehicle, I had to reach out to Berla because where it wasn't supported, they actually had to send me tech diagrams so I could go in, and, again, not destroy the whole vehicle as I just took those components out. Over the next, God, almost two years, year and a half of going back and forth with them with their support and their sales team.
MR. LALLY: And when you say going back and forth, about how often were you reaching out to them, or how often were you getting trying to get a response in regard Berla?
MR. GUARINO: Usually every few months. I want to say every three months, give or take. I forget the exact number, but phone calls or an email to them asking.
MR. LALLY: Now, beyond that, are you familiar with a National Cyber Crime Conference?
MR. GUARINO: Yes.
MR. LALLY: And do you attend that on an annual basis at least?
MR. GUARINO: Yes, I do.
MR. LALLY: And with respect to that, what, if any, time at those conferences did you spend dedicated to ascertaining the availability or the supportability of this vehicle with reference to Berla?
MR. GUARINO: So Berla has a booth at the National Cyber Crime Conference. I spoke with their sales team there. Their response was to keep calling Berla, keep pestering them, and they might actually get the support sooner than later.
MR. LALLY: And again, were you ever able to ascertain or get the support to download the information from them?
MR. GUARINO: No, unfortunately.
MR. LALLY: Now at some point -- at some point, were you able to download any information from that particular infotainment system from the defendant's vehicle?
MR. GUARINO: Not from the infotainment system, but Berla released a new item, similar to a mechanic's scan tool. It plugs into the OBD2 port, which is underneath the dash. So if basically if a mechanic went in there with a scan tool to tell you why you have a check engine light, it just does something similar. So you plug it in, and then it pulls the car diagnostic data from that.
MR. LALLY: And as far as the data that you receive from that, what, if anything, did you observe?
MR. GUARINO: Again, I got a series of 14s was the numbers. It was no readable data. I reached out to Perla -- Berla and asked them, I said, you know, is there a reason why it pulled this data, but they when I put it into the software, it's not telling me anything. It's not giving me any readable data. They said they know it is diagnostic data, but haven't gotten anything from Lexus to say, these 14s, these codes mean this. They only know it as emissions.
MR. LALLY: And was Berla itself able to read that information, transform that sort of binary code into any sort of readable data for you?
MR. GUARINO: Other than the number 14, no.
MR. LALLY: Now, from there, what, if anything, did you do with regard to the Berla in the defendant's vehicle?
MR. GUARINO: It was placed back into our digital evidence lab, and then we did eventually do a chip off to the device.
MR. LALLY: With respect, excuse me, to the chip off, that was done sometime in December of 2023; is that correct?
MR. GUARINO: Yes, that's correct. And again, if you could expound upon a little as far as can you describe for the jury sort of the chip process, why you were reluctant to do it, and what's entailed in it? A As I said before, it is a destructive process. As soon as we do it, we take those memory chips off, it's applying extreme amounts of heat to the motherboards to take the memory off that'll heat it. You lose a lot of the soldering and capacitors, anything that's on that motherboard. So like I said, once the memory chips are taken off, it's going to destroy the board.
MR. LALLY: And as far as that chip off process, who, if anyone, was present with you, or who, if anyone, assisted you in removing that or conducting that chip off process with regard to the motherboard from the infotainment system from the defendant's vehicle?
MR. GUARINO: I'm sorry. They -- at the time that we actually did the chip off?
MR. LALLY: Yes.
MR. GUARINO: It was myself, AG Speake, and Maggie Gaffney.
MR. LALLY: And who is AG Speake?
MR. GUARINO: AG Speake is -- has his own forensic company, I guess you could call it, for Berla. He -- I consider an expert in the field. Former California Highway Patrol officer that exclusively handled stolen cars.
MR. LALLY: And who is Ms. Gaffney?
MR. GUARINO: She was a defense's expert. She's the one who actually did the chip off, applying the heat, and taking the chips off in our presence. And she, I believe, works for -- I'm sorry the name of the company escapes me at the moment.
MR. LALLY: Now, with respect to the information that you, Ms. Gaffney, and Mr. Speake were able to remove pursuant to that chip off process, what if any usable information were you able to glean from that?
MR. GUARINO: As I was told by AG, there was no data that was recovered off the infotainment system or the telematics module with -- from the chip off.
MR. LALLY: And as far as Ms. Gaffney, did you have any conversation with her as far as the information that she was able to glean or read or decipher?
MR. GUARINO: No, once she did the chip off, I've not spoken with her since.
MR. LALLY: May I have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Now, Trooper Guarino, at some point in late January or early February 2022, were you provided with some laptop -- a laptop and/or desktop computers from the home of Mr. O'Keefe?
MR. GUARINO: Yes, I was.
MR. LALLY: And what, if anything, did you do with those?
MR. GUARINO: One was a Dell laptop, the other was an HP all in one desktop. I removed the hard drives from both systems and used --
MR. YANNETTI: Objection. May we be seen, Your Honor?
JUDGE CANNONE: Okay.
(Sidebar commences:
MR. JACKSON: Your Honor, before we address that, somebody has got to say something to the O'Keefes, specifically to Peggy O'Keefe. Her eye rolls, her audible sighs. From where I'm sitting, I just heard her say "Jesus" when Mr. Yanetti objected. I'm getting -- something is not getting through to her. I know the Court has addressed it with the court officers, and admonished both sides to knock it off. She's not. And I heard this morning that during the cross-examination of I don't know who it was -- Paul, Trooper Paul, she was audible making noises and sighs and guffaws while I was questioning the witness. I just needed to put it on the record. It needs to stop, and I'll leave it at that.
JUDGE CANNONE: Okay. Let me address this issue.
MR. YANNETTI: So on this issue, Your Honor, we're in an area now where I don't believe we have a police report on this. We have no notice of this. I don't know where this is coming from.
JUDGE CANNONE: So you have no notice of what's on their computers or that they ever seized them and looked up?
MR. YANNETTI: Right. So this testimony that he's currently --
JUDGE CANNONE: What do you say, Mr. Lally?
MR. LALLY: Your Honor, this was provided probably two years ago. I'm a little incredulous. I don't know how counsel claims not to have a copy of this report. It's a report where he looks at that, and essentially what he was looking at was to see whether or not there was any connection between those devices and the ring.com, the Ring devices at Mr. O'Keefe's house, which there is not.
MR. YANNETTI: Oh, so the ultimate conclusion here is he's going to say that he checked for a connection and there was no connection between the computers.
MR. LALLY: Yes. So the only connection is between his phone --
MR. YANNETTI: Between John's phone --
MR. LALLY: -- between the devices.
MR. YANNETTI: Yeah, that's fine. I didn't know where he was going with this but that's fine.
JUDGE CANNONE: All right. So you got mountains of discovery in this case.
MR. YANNETTI: Well, we did. But I would point out, Your Honor, that the very last conversation that we had about Mr. Whiffin's report was I told you it was not in there and Mr. Lally said that it was.
JUDGE CANNONE: Let's focus on --
MR. YANNETTI: No, no, I'm just saying. Like, I'm not crazy for saying that we didn't get it, you know. So in any case, it's moot. I'm fine with putting --
JUDGE CANNONE: All right. So I am not finding that the Commonwealth did not give it to you. I just don't want to take the time to have Mr. Lally --
MR. YANNETTI: Understood.
JUDGE CANNONE: -- go back and find it.
MR. YANNETTI: Understood.
JUDGE CANNONE: Regarding what you said, Mr. Jackson.
MR. JACKSON: Yes, Your Honor.
JUDGE CANNONE: I'm certainly not going to say anything. The court officers can watch it, but, Mr. Lally, would you ask your victim witness people just to talk to her about it.
MR. LALLY: I can, Your Honor, if I could and I'm reticent to do this. I've deferred to Ms. McLaughlin, but I think a record needs to be --
end of sidebar.)
COURT OFFICER: Quiet, folks. We're on the record.
(Sidebar commences:
MR. LALLY: -- made in reference to the months of different things from the defendant, from the defendant's family that have occurred throughout the course of this trial. If there's going to be accusations levied against the O'Keefe family, I think the record needs to be made as to all of the instances of inappropriateness from the other side.
JUDGE CANNONE: All right. So emotions are very high in this case. There's been laughing in court from the defendant's family quite a bit. There have been some sarcastic comments and other comments from counsel that (indiscernible) are inappropriate comments. Emotions are high. We've only got another two weeks. Let's just get through this, okay?
MR. JACKSON: I understand. I agree with the Court.
JUDGE CANNONE: Okay. So you don't need to say anything.
MR. LALLY: Thank you.
end of sidebar.)
JUDGE CANNONE: All right. Mr. Lally, you can continue.
MR. LALLY: So, Trooper Guarino, there was a Dell laptop and an HP Pavilion all in one desktop, correct?
MR. GUARINO: Yes.
MR. LALLY: These were taken from Mr. O'Keefe's home; is that correct?
MR. GUARINO: Yes, they were.
MR. LALLY: What, if anything, did you do with respect to those?
MR. GUARINO: As I said, I took the hard drives out of both machines, they were imaged, and the images were loaded into Axiom to view the data that was on them.
MR. LALLY: Now, when you say something was imaged, can you explain to the jury what you mean by that?
MR. GUARINO: Yep. It's a bit for bit copy of the hard drive. Instead of us turning it on and going through it, which would change data, by taking the hard drives out and imaging them, it creates a one for one copy, so that way, we can view it without changing anything in the system.
MR. LALLY: And you mentioned a tool called Axiom; is that correct?
MR. GUARINO: Yes.
MR. LALLY: And can you explain to the jury, sort of what is that Axiom tool and how does it work?
MR. GUARINO: Yep. It's another forensic tool that we use. It can do cell phones, computers, so you use it to load the images so we can view the data.
MR. LALLY: And with respect to the imaging that was done with regard to the Dell laptop and the desktop, what, if anything, was it that you were looking for specifically on those devices?
MR. GUARINO: We were looking for a Ring video to see if either computer was used by Officer O'Keefe as a login machine to handle the account.
MR. LALLY: And from your review of what was extracted or imaged from each of those two respective computers, what if any information were you able to glean in reference to Ring.com or anything else?
MR. GUARINO: Neither computer was used. One appeared to be used mostly by the kids and the other, I believe it was a laptop, was used mostly by O'Keefe, but there were no Ring logins.
MR. LALLY: As far as the Ring connection, what, if any, devices were you throughout the course of the investigation, were you able to ascertain were actually connected to the Ring cameras at Mr. O'Keefe's house?
MR. GUARINO: Officer O'Keefe's cell phone.
MR. LALLY: Now, if there were any other devices, whether they were Mr. O'Keefe's or someone else's, were you able to ascertain from either the Ring footage or the information provided by Ring whether or not there were any other devices beyond Mr. O'Keefe's cell phone that were linked to that account?
MR. GUARINO: Not that I know of.
MR. LALLY: And I'm sorry. Just not that there weren't any devices or not that you could tell?
MR. GUARINO: Not that I could tell or that I ever heard of.
MR. LALLY: Now, Trooper Guarino, let me ask you some questions in general about a cell phone extraction. Are you familiar with that term?
MR. GUARINO: Yes.
MR. LALLY: And can you explain to the jury, sort of, what -- what is involved in that and how a cell phone extraction is performed as far as your experience with regard to investigations that you've been involved in?
MR. GUARINO: Yep. So most investigations, we get the cell phones from the scene, from a suspect, from a victim. They're put into airplane mode to preserve the data, so that way a remote wipe can't be sent to the phone from iTunes. If we can't put it into airplane mode, we'll put it into a Faraday bag which blocks the cell phone signal, and then it's brought back to the lab and put into a Faraday box, which is -- it has electrical outlets inside of it so that way we can keep the phone charged.
MR. LALLY: And with regard to this investigation, were you involved in the extraction of data or the examination of extracted data from any particular phone?
MR. GUARINO: Yes, I did John O'Keefe's phone, Karen Read's phone, and we had two witnesses' phones, but I don't remember doing the extractions themselves.
MR. LALLY: But as far as the data from those phones, have you had an opportunity to look at that data, and specifically I'm asking you about both Jennifer McCabe's phone and Ms. Kerry Roberts' phone?
MR. GUARINO: Yes, I have.
MR. LALLY: Now, were you also at some point provided with some material from Brian Higgins's phone?
MR. GUARINO: Yes, I saw screenshots of text messages.
MR. LALLY: And from the material that you were provided with reference to Mr. Higgins's phone, were you then able to cross reference that eventually, at some point, with respect to the information in both Ms. Read's phone and Mr. O'Keefe's phone?
MR. GUARINO: Yes, I was.
MR. LALLY: And what you reviewed was the information contained within the material provided by Mr. Higgins, was that consistent with what you observed in Ms. Read's phone as well Mr. O'Keefe's phone?
MR. GUARINO: Yes, I didn't see any differences in those messages.
MR. LALLY: Now, with respect to -- starting with Ms. Read's phone. That was received by you on January 29, 2022; is that correct?
MR. GUARINO: That's correct.
MR. LALLY: And do you recall about what time it was and where you were when you received that phone?
MR. GUARINO: I want to say six or seven o'clock at night at the Norfolk DA's Office.
MR. LALLY: And who did you receive that phone from?
MR. GUARINO: Trooper Proctor.
MR. LALLY: And with reference to that phone, what condition was it in at the time as far as you referenced airplane mode, Faraday bag, things of that nature, how was it sort of when you received it?
MR. GUARINO: I believe it was in airplane mode. The phone was in good working order, the -- and it was placed downstairs in our lab, plugged in to keep the phone battery charged.
MR. LALLY: Now, the same with respect to Mr. O'Keefe phone, when and from whom did you receive that and what kind of condition was that in when you received it?
MR. GUARINO: I also got that from Trooper Proctor the same time as Ms. Read's phone, same condition.
MR. LALLY: Now, with respect to the defendant's phone, at the time that you received it, did you have any pass code or any way to get into the phone?
MR. GUARINO: I'm sorry, who's phone?
MR. LALLY: Ms. Read's phone.
MR. GUARINO: Oh, no, the software we use to try to bypass passwords to be able to extract the evidence, or I should say the extraction of the data to look at for evidence, her phone at that time was not supported.
MR. LALLY: Now, what, if anything, did you do with her phone in regard to that?
MR. GUARINO: Again, made sure it was in airplane mode and just kept it plugged in until such time as the phone was supported and then we could download it.
MR. LALLY: Are you familiar with a device called GrayKey?
MR. GUARINO: Yes.
MR. LALLY: And can you explain to the jury what that is and what, if anything, you did with regard to the defendant's phone and the GrayKey device?
MR. GUARINO: Yep, so GrayKey is, again, specialized hardware and software used to plug in the phones. It can do Apple or android phones to bypass passwords.
MR. LALLY: And how does that sort of function or how does that work as far as when you book something cell phone or a cellular device, and hook it up to a GrayKey tool, what is it doing and how does it work?
MR. GUARINO: If I knew that, I'd be a millionaire. But the -- it basically installs software onto it, and instead of when you put in ten passcodes to an iPhone, on the tenth one, if it's wrong, it kills the phone forever. This has some secret software that's able to bypass that and basically keep it in the phone with passcodes until it finds the right one.
MR. LALLY: It essentially runs a bunch of different combinations or passcodes into the phone until it comes up with one that actually opens the phone?
MR. GUARINO: Yes, that's correct.
MR. LALLY: And at some point, did the GrayKey device actually break into the defendant's phone?
MR. GUARINO: Yes, it did.
MR. LALLY: Do you know about when that was in relation to when you received it?
MR. GUARINO: Yeah. So we got the phone in January. It took, I believe, support came out in I want to say May or June. I don't remember the exact month. But we didn't actually get the passcode until August 16th of 2022.
MR. LALLY: And once that passcode was essentially broken into by the GrayKey device, then you're able to look into the phone; is that correct?
MR. GUARINO: Yes, once the pass is obtained, we download the data, and then we're able to take that extraction data and then open it up in Cellebrite or Axiom or whatever tool we're going to use to view it.
MR. LALLY: And the tools, as far as you're referring to, Cellebrite and Axiom, are you familiar with those tools through your course of your investigation with regard to electronic devices?
MR. GUARINO: Yes.
MR. LALLY: And if you could explain to the jury sort of when you say Cellebrite and Axiom, as far as then tools are concerned, how do they work, and sort of, what is it that you do with the device with reference to Cellebrite?
MR. GUARINO: So what do we do with the extractions once we go to open them?
MR. LALLY: How is the information extracted first of all, and then what, if anything, do you do with it after?
MR. GUARINO: So GrayKey will pull the extraction. Well, it just -- once the codes received, again, uses its software, pulls the data out, puts it into an encrypted it's MD five or shy(ph). It's an encryption key that has a -- it's a unique key that so if you change anything inside that ZIP file, it would change the encryption number to show that something was tampered with. We take that encrypted ZIP file and we open it up in the software, and that's able to say, you know, the call logs, the chats, the photos, time, the whole timeline of the phone.
MR. LALLY: Now, in addition to yourself, is there anyone else that works in this sort of capacity within your unit at the district attorney's office?
MR. GUARINO: Yes, two other people.
MR. LALLY: And who are those two other people?
MR. GUARINO: The director of our lab, Samantha Voat and Trooper Connor Keefe.
MR. LALLY: Now beyond yourself, Trooper Keefe, and Ms. Voat, anybody else from the detective unit, as far as the troopers would they have access to these devices being defendant's, Mr. O'Keefe's, Ms. McCabe's, and Ms. Robert's?
MR. GUARINO: If they're in the digital evidence lab, no. Once the data is extracted from them, normally, we give them back to the investigator or return to family, so that would be the only time that they would have access to the devices, or unless we kept them in the lab for -- just for, I don't want to say safekeeping, but just for storage reasons.
MR. LALLY: Now, with reference to your review of any of the extractions related to any of those four devices, at any point in time, did you observe anything in reference to any information being taken off or deleted from any of those devices at any point in time?
MR. GUARINO: No, sir.
MR. LALLY: Now, with respect to Ms. Read's device, the defendant's device, it was sometime in August of 2022 that the GrayKey was able to break into pass code to get into the device, correct?
MR. GUARINO: That's correct.
MR. LALLY: And so then once an extraction is done, that's then subsequently reviewed by someone within your unit; is that correct?
MR. GUARINO: Yeah. So again, normally, the investigators for the homicides know far more information about the crime and what occurred. So if need be, I'll load the phone up for them. They can go through it because they know what they're looking for. If they ask me, I'm happy to go through if they can say, you know, I'm looking for calls between this time period, or, you know, GPS locations, things like that.
MR. LALLY: Now, with reference to the defendant's phone, at some point were you made aware that there was some privileged information contained within her phone?
MR. GUARINO: Yes, I was.
MR. LALLY: So as a result of that, what, if anything, happened with the phone from there?
MR. GUARINO: We notified our supervisors, and we did not look at her extraction until the privileged communications could be removed, and then we could, again, go back and re-inspect the data.
MR. LALLY: Now, as far as the -- that whole process that was undertaken in regard to that, how long a time period, or when was it that you were able to have the privileged information extracted and then actually get to look at the defendant's phone?
MR. GUARINO: It took months. I don't think we got it back from the AG's office until later, I don't know, springtime of 2023-ish.
MR. LALLY: Now, with respect to the extraction from each of these four respective devices, that being the defendant's, Mr. O'Keefe's, Ms. McCabe's, and Ms. Roberts', what kind of tools were used to conduct those extractions, sir?
MR. GUARINO: GrayKey, Windows 10, and then Cellebrite Physical Analyzer, and Axiom - their program. Magnet's program.
MR. LALLY: And so as far as -- I guess my question is as far as the different devices that are used, why are there different devices, and what is it that say one does versus the other?
MR. GUARINO: So they both do great work with, you know, decoding the data. I've noticed that Axiom does a better job at pulling GPS spots because it gives a speed and an estimated range of how strong the GPS signals are. As opposed to Cellebrite, they give native locations, but they don't have that extra data with it. So I like to look at both tools to make sure that I'm seeing everything that I need to.
MR. LALLY: Now, with respect to the defendant's phone, you at some point reviewed the extraction from the defendant's phone, correct?
MR. GUARINO: Yes, I did.
MR. LALLY: And with respect to that phone, what, if anything, did you observe with regard to GPS locations associated with that device?
MR. GUARINO: I didn't see that many, maybe a handful, showing different spots in Canton, but nothing that stood out to me.
MR. LALLY: Now, with respect to your review of the phone, what, if anything, were you able to ascertain as to whether or not those GPS locations were allowed or permitted or turned off or on by you?
MR. GUARINO: I can't say. I don't -- I didn't see anything like I said that stuck out to me. Normally, if the GPS points aren't there, then location services are probably turned off.
MR. LALLY: But what I'm asking though, is the device itself was capable of retaining that data as far as GPS locations, correct?
MR. GUARINO: Yes, if it's turned on.
MR. LALLY: And there were no real GPS locations, to speak of, that you observed in your review of the extraction of the defendant's, correct?
MR. GUARINO: Yes, that's correct.
MR. LALLY: Now, with regard to Mr. O'Keefe's phone, what, if anything, were you able to ascertain from that as far as GPS locations were concerned?
MR. GUARINO: There's quite a bit, especially on January 29.
MR. LALLY: Now, sir, before -- before we get into that, if I could ask you some questions in regards to Ms. McCabe's -- excuse me -- phone extraction. You had occasion to review that; is that correct?
MR. GUARINO: Yes, sir.
MR. LALLY: And so in regard to that also, you had mentioned that you had reviewed an affidavit from a defense expert or defense witness named Mitchar -- Mr. Richard Green, correct?
MR. GUARINO: That's correct.
MR. LALLY: And based on your view of that, what, if anything -- based on your review of what Mr. Green said or did, what, if anything, did you then in regard to Ms. McCabe's phone?
MR. GUARINO: So I basically went point by point through his report to confirm or deny if what he was placing in there was true.
MR. LALLY: And what, if anything -- what, if anything, were you able to ascertain or learn from going through Ms. McCabe's phone with reference to what Mr. Green stated?
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow that.
MR. GUARINO: It was mostly incorrect.
MR. LALLY: And when you say mostly incorrect, what was mostly incorrect?
MR. GUARINO: So he states that there's a Google search that's done at 2:27 in the morning that immediately stuck out to me, because when I went back and looked, that file that was parsed was not from the database that should have showed searches. This came from the session state tabs for Safari, which is a big red flag. It also came from a WAL file, which is a dropping ground for where data is put before it's actually put into the main database itself. And then once it reaches a certain point, that data is automatically deleted by the device, not by a user, which Mr. Green had stated that a search was done and then it was purposely deleted. There was also items regarding phone calls being deleted. Again, they came from a WAL file. Looking at it, again, it's stored in the Knowledge C, the main database. It's all stored in the biome showing in the extraction which is another storage area that Apple is using. Again, nothing. Most of the stuff that I was reading in his report was either incorrectly, I don't know, written down, or he's interpreted it incorrectly.
MR. LALLY: Now, with regard to -- with regard to the phone calls or the contacts that Mr. Green indicated were user deleted or deleted by the user. What, if any, information did you look into in regard to that? What, if anything, did you ascertain in regard to that?
MR. GUARINO: Yeah, so he stated that Ms. McCabe had deleted 18 phone calls from the morning after John O'Keefe's body was found. Looking at the data from her call log, those calls, while they do show marked as deleted, again, they come from the WAL file, and they're also located in two other parts of the database. Again, as a user of an iPhone, you can't go in and just delete these files. They're handled by the operating system. It's impossible.
MR. LALLY: So as far as what if any opinion do you -- well, let me ask you this first. As far as a WAL or a write ahead file, can you explain that what you understand that term to mean to the jury as it pertains to these particular?
MR. GUARINO: Yeah. So as I said, these files are dropping grounds. So when you're using your apps, using the phone, it takes that data, puts it into this WAL file until it you either close the app, or you shut down the phone or it reaches a certain number of data in the phone, that WAL file will automatically delete from the phone. So this can be on a first in/first out basis. Again, like I said, it could be when data reaches a certain level, but those calls that are being marked as deleted, Cellebrite's saying it's -- it doesn't mean the user deleted them. It just means they're being removed from the WAL file.
MR. LALLY: And you indicated that from your review of the phone extraction, there were other areas or other databases face these -- excuse me -- within the phone that contained that same information?
MR. GUARINO: Yes, so the main database of the iPhones is the Knowledge C database. They're also using Biome and then if you're using the newest software now, it's another area I won't bore you with, but depending on the iOS you're using for the phone, it's going to depend on where that data is being stored.
MR. LALLY: Now, specifically with respect to Ms. McCabe's phone, one of the contentions Mr. Green had was in regard to a contact for Brian Albert; is that correct?
MR. GUARINO: Yes, that was another one.
MR. LALLY: With respect to that, what, if anything, were you able to find within Ms. McCabe's phone in regard to contact information for Brian Albert?
MR. GUARINO: Yeah, so Mr. Green was report said that he located a deleted screenshot of Brian Albert's contact that was in her phone. The contact for Brian Albert was still in her phone, not deleted, so I don't know, maybe she just deleted the screenshot.
MR. LALLY: Now, with respect to Ms. McCabe's phone, what, if anything, did you do with regard to the call log history in Ms. McCabe's phone?
MR. GUARINO: I export it all out to a PDF so I could view it, and again, like I said, there's I think eleven hundred and four phone calls from going all the way back to October of 2020, I want to say. And phone calls, FaceTime, they're all -- the calls are there, all the records, and they're all stored in different areas of the phone. The only ones that show the WAL file deleted were the ones from the 29th going up to the end, towards the end of the day on the 29th.
MR. LALLY: And now, with respect to the call history, where -- where or how is that typically stored within an iOS device?
MR. GUARINO: Data that's stored in the call store dash SQLite database.
MR. LALLY: And with reference to what, if any, difference storage-wise is that SQLite database versus the WAL file?
MR. GUARINO: So again, yeah, that database where the call logs are sent, it's going to have a corresponding WAL file where the data is going to be put temporarily and then, as I said, it gets automatically deleted by the iOS by the operating software. It's not user enabled.
MR. LALLY: So from your view of those 1,104 phone call history records contained within the extraction of Ms. McCabe's phone, what, if any, opinion do you have in regards to whether or not those items were deleted by any user?
MR. GUARINO: I don't believe they were. And I actually will say one of the phone calls was from the actual main call store database that could have been user deleted if, but again, it's in two other spots in the operating system, so I don't know how or why the iOS stores it the way it does and then marks what.
MR. LALLY: Now, sir, from your review of the four phone extractions that you've reviewed in this case, were you able to export or print certain chat reports from specific people's phones or between -- from specific people's phones with other individuals?
MR. GUARINO: Yes, I was able to.
MR. LALLY: And, Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: May I have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: And, sir, I'm showing you what's been marked as Exhibit 48.
MR. GUARINO: Okay.
MR. LALLY: Do you recognize -- excuse me -- do you recognize that, sir?
MR. GUARINO: Yes.
MR. LALLY: And what do you recognize that to be?
MR. GUARINO: The first page is Facebook Messenger chats between Karen Read and John O'Keefe.
MR. LALLY: And what's contained in there, is that a fair and accurate portrayal of what you observed from the extraction from Mr. O'Keefe's phone?
MR. GUARINO: Yes, it is.
MR. LALLY: And specifically, with reference to those chats between Mr. O'Keefe and the defendant, you also reviewed that material from the defendant's phone as well?
MR. GUARINO: Yes, I did.
MR. LALLY: The material that you reviewed from the defendant's phone, is that consistent with what you observed in Mr. O'Keefe's phone?
MR. GUARINO: Yes, it is.
MR. LALLY: And, Your Honor, with the Court's permission, if I could request certain portions of what's been marked as Exhibit 48 being published to the jury as we go through them.
JUDGE CANNONE: Okay.
MR. LALLY: Sir, if I could just start you out on page 1.
MR. GUARINO: Okay.
MR. LALLY: Ms. Gilman, if could have that up on the screen.
MR. LALLY: Now, with respect to what's up on the screen the portion that you can see, do you recognize this, sir?
MR. GUARINO: Yes, I do.
MR. LALLY: Is that what you have before you as Exhibit 48?
MR. GUARINO: Yes.
MR. LALLY: Now, within this particular from the perspective of this, it's from Mr. O'Keefe's phone; is that correct?
MR. GUARINO: Yes, it is.
MR. LALLY: So there will be blue bubbles and green bubbles; is that correct as well?
MR. GUARINO: Yes.
MR. LALLY: And so who from as far as the blue bubbles are concerned, who is speaking in that bubble?
MR. GUARINO: The blue bubbles will be from Ms. Read and the green bubbles are from Officer O'Keefe.
MR. LALLY: Now, Ms. Gilman, if you could please scroll down.
MR. LALLY: Now, with respect to what's contained on this page 1 at the bottom, if you could read the date and the time and indicate who is speaking and what is said there, sir?
MR. GUARINO: So the blue bubbles is Karen Read and 1/28/2022, at 3:30 p.m. "Hello." John says, "Hi," at 3:35 p.m.
MR. LALLY: I'm sorry. May I approach, Your Honor?
JUDGE CANNONE: Yes. A Yep, those are the Facebook ones.
MR. LALLY: I'm sorry. What's contained in Exhibit 48 is the entirety of the chat report from Mr. O'Keefe's phone, correct?
MR. GUARINO: Yes, I believe so.
MR. LALLY: Okay.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: My apologies. Showing you another document. Do you recognize that?
MR. GUARINO: Yes.
MR. LALLY: What do you recognize that to be, sir?
MR. GUARINO: These are the native chats, native messages from John O'Keefe and Karen Read.
MR. LALLY: So these are just specifically broken down as far as the chats between Mr. O'Keefe's phone and Ms. Read's phone, correct?
MR. GUARINO: Correct.
MR. LALLY: And as far as your review of both of the extractions from both of those phones, the material contained within Mr. O'Keefe's phone is consistent with the material contain in the defendant's phone, correct?
MR. GUARINO: Yes, that's correct.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 627, Large Packet of Text Messages between John O’Keefe and Read, was marked as an exhibit.)
MR. LALLY: If that could be returned to the witness, Your Honor. If we could -- with the Court's permission, if we could publish that?
JUDGE CANNONE: Yes. Go right ahead.
MR. LALLY: And now, Trooper Guarino, do you recognize what's up on the screen as the next exhibit, sir?
MR. LALLY: Ms. Gilman, I'm sorry, if you could scroll down just a little bit.
MR. GUARINO: Yes.
MR. LALLY: And again from this first page, if you could, blue bubble is from Ms. Read; is that correct?
MR. GUARINO: Yes, that's correct.
MR. LALLY: And green bubble being from Mr. O'Keefe; is that correct?
MR. GUARINO: Yes.
MR. LALLY: And if you could again read from this first page as far as date, time, who is speaking and what it says.
MR. GUARINO: At 9:49 a.m., Karen says, "You've really hurt me this time." 10:02 a.m., I'm sorry. This is -- I'm sorry. It's kind of hard to read. I'm sorry. This has been an issue with me for eight years. It physically hurts me to see everyone else in their -- in their life do things for them, and I've forced to always be the bad guy. At 10:09 a.m., Karen says, "I am not the same as everybody else. Most of the time, I try to do what is healthy/smart for them. More importantly, I try to support you and what you need. You just lashed out at me and said terrible things. I don't know -- I don't know how you've gone to this point with me when I'm just trying to -- trying my hardest. You made the point -- you made your point and continued to beat me down. I have a lot going on, too. Physically, I'm falling apart and trying to get answers and help."
MR. LALLY: If I could stop you there, sir. If I could direct your attention to --
COURT REPORTER: A little louder, please, sir.
MR. LALLY: My apologies.
MR. LALLY: Sir, if I could direct you to page 5.
MR. GUARINO: Okay.
MR. LALLY: I'm sorry. Bottom of page 4.
MR. GUARINO: All right.
MR. LALLY: And starting with the blue bubble on the bottom of page 4, again if you indicate as to who is speaking, what is said, and the date and time, sir?
MR. GUARINO: Karen says to John at 1:21 p.m. on the 28th, "Maybe you can call someone."
MR. LALLY: And if you could continue on to page 5, sir?
MR. GUARINO: On the 28th at 1:46 p.m., John says, "Like who?" And at 1:47 p.m., "What time are you coming here?" And then there is at 2:05 there's a message, but no content.
MR. LALLY: And the next message at 2:06, sir?
MR. GUARINO: Yes, 2:06 from Karen, "I don't know what time. I feel kind of out of it. Just trying to clear my head." 2:06 p.m., John writes back, "Okay." 2:06 p.m., again. Karen says, "Text me later when you guys settle in later." I'm sorry. "Text me when you guys settle in later." John says, "Sure," at 2:06 p.m. again. Karen says at 2:16, "I feel pretty shitty about this," excuse me. "I feel pretty shitty about how this morning went down. I know you said sorry, but it really stung, especially when I've been trying pretty hard lately. I feel like a loser, turning around, just coming back over after everything you said."
MR. LALLY: If I could ask you to continue on at page 7, sir.
MR. GUARINO: Okay. At 2:17 p.m. John says, "Not sure what else you want me to do. I said I'm sorry, and I was out of line. If you prefer to stay home, I totally get it." Karen replies back at 2:17, "Things in my own life have been difficult, too, you know." John writes back at 2:17, "I know." At 2:25 p.m., "Tell me if you're interested in someone else. Can't think of any other reason you've been like this," from Karen.
MR. LALLY: If you could continue onto page 8, sir.
MR. GUARINO: At 2:25, John responds back, "Nope. Things haven't been great between us for a while. Ever consider that?" That was at 2:26. At 2:29 he writes, "Kids are here. Not in the mood to talk."
MR. LALLY: And how does the defendant respond to that at the bottom of page 8?
MR. GUARINO: "So you're not into it anymore. That's fine, but I don't want to keep trying and you keep treating me like this," at 2:29 p.m.
MR. LALLY: If I could direct you to the next page 9.
MR. GUARINO: Yep. Ms. Read says, "I'm trying to hug and kiss you this morning and you whack me in the face with a pillow," at 2:29. At 2:30 she says, "Last night, you're basically like, yeah, what about, when we talk about the future. So why don't you just admit you're not into it so much anymore?" At 2:30 -- oh, sorry.
MR. LALLY: Go ahead.
MR. GUARINO: I was going to say at 2:30, John says, "Not how it went down, but okay."
MR. LALLY: And how does Ms. Read respond to that?
MR. GUARINO: "Can you please admit your head is out of the game -- out of the game with us."
MR. LALLY: And if you could, sir, please continue on to the top of page 10.
MR. GUARINO: Okay. At 2:32 p.m., "Sick of always arguing, fighting. It's been weekly for several months now. So, yeah, I'm not as quick to jump back into being lovey dovey as you apparently," from John. And then John again at 2:32, "Oh, my God. Stop calling."
MR. LALLY: Let me stop you there for just a moment, sir.
MR. GUARINO: Okay.
MR. LALLY: With regard to January 28, were you also able to extract a report specifically in regard to calls received by Mr. O'Keefe on that day?
MR. GUARINO: Yes, I was.
MR. LALLY: I mean on that date into the next date of January 29?
MR. GUARINO: Yes.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Trooper Guarino, I'm showing you a document and ask you to take a look. Just look up when you are finished.
MR. GUARINO: (Witness complies.) Okay.
MR. LALLY: Do you recognize that, sir?
MR. GUARINO: Yes, it's John O'Keefe's call log.
MR. LALLY: And that's the entirety of the call log from January 28th into 29th; is that correct?
MR. GUARINO: Yes, from the 28th at 9:19 a.m., to the 29th at 6:03 a.m.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce this as the next exhibit.
MR. YANNETTI: No objection.
(Whereupon Exhibit No. 628, Cellebrite Extraction of John O'Keefe Call Log, was marked as an exhibit.)
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Trooper Guarino, showing you another document. Just ask you to review that and look up when you're finished.
MR. GUARINO: (Witness complies.)
MR. LALLY: And do you recognize that, sir.
MR. GUARINO: Yes, this is Karen Read's call log from January 29th at 12:33 a.m. to January 29th at 6:03 a.m.
MR. LALLY: And those are specifically calls between the defendant and Mr. O'Keefe, correct?
MR. GUARINO: Yes, that is correct.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
(Whereupon Exhibit No. 629, Cellebrite Extraction of Karen Read’s Call Log with John O’Keefe, was marked as an exhibit.)
MR. LALLY: Now, Trooper Guarino, from the text messages that you were just testifying from, Mr. O'Keefe indicates "OMG. Stop calling," 2:32 p.m.; is that correct?
MR. GUARINO: Yes, that is correct.
MR. LALLY: Now, from your review of those call logs, how many times did the defendant call Mr. O'Keefe on January 28, from approximately 9:19 a.m. to about 2:58 p.m.?
MR. GUARINO: There's 18 calls from -- yeah, 9:19 to about 2:59 p.m.
MR. LALLY: And those calls are listed within those records as various as far as rejected or missed or answered or things of that nature; is that correct?
MR. GUARINO: Yes, that is correct.
MR. LALLY: How many of them are rejected?
MR. GUARINO: Eleven.
MR. LALLY: How many of them are missed?
MR. GUARINO: Four.
MR. LALLY: And how many are answered?
MR. GUARINO: Three.
MR. LALLY: Now, following that text message at 2:32 p.m. from Mr. O'Keefe to the defendant asking her to stop calling him, does the defendant keep calling him?
MR. GUARINO: Yes, she does.
MR. LALLY: And at some point, does Mr. O'Keefe call Ms. Read back?
MR. GUARINO: Yes, at about 3:00 p.m. on the 28th. Let me double check.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Trooper Guarino, I can take each of the call logs but I want you to keep one.
MR. GUARINO: Okay.
MR. LALLY: Now, Trooper, if I could turn your attention back to page 10 on the text messages with respect to --
JUDGE CANNONE: Okay. So, Mr. Lally, when you put your head down and when you walk away, we can't hear you, and so there won't be a record of this. So you have to keep your voice up.
MR. LALLY: I will do, Your Honor. I apologize.
JUDGE CANNONE: Well, you just said -- you just put your head down and your voice went down. So keep your voice up. It's really important you do so.
MR. LALLY: Trooper Guarino, turning your attention back to page 10 of these text messages. If you would read from Ms. Read's response to Mr. O'Keefe at 2:32 p.m.
MR. GUARINO: Yes, so at 2:32 p.m. she says, "Why would you start with me this morning?" And then followed up by at 2:33, "You're setting me up to fail."
MR. LALLY: And if I could turn your attention to page 11 and ask you to continue from there?
MR. GUARINO: Ms. Read says, "You start of," excuse me, "You start a number of fights from your end, John," and that's at 2:33. At 2:33 John writes back, "I've explained it a few times already, not doing it again."
MR. LALLY: And how does the defendant respond to that?
MR. GUARINO: "So you're not into this anymore?" And then John says, "Not into fighting all the time, correct." That's at 2:34 p.m.
MR. LALLY: If I could turn your attention to the top of page 12?
MR. GUARINO: Yes, at 2:34, Ms. Read says, "If you tell me you're interested in someone else, you will never hear from me again. You can have all the space in the world." John writes back that there's no -- no content at 2:34. And then at 2:34 she says, "Then stop starting with me."
MR. LALLY: How does Mr. O'Keefe respond to that?
MR. GUARINO: At 2:34 he writes back, "I'm not answering. Stop calling."
MR. LALLY: And if you could -- if I could turn your attention to the top of page 13.
MR. GUARINO: Ms. Read says, "Can you please answer after how you treated me earlier?" John responds back at 2:35, " (c) is right here." Ms. Read says, "You're starting a rager with me out of nowhere. And then you tell me you're sick of fighting with me," at 2:35. She writes at 2:38, "I'm going to grab a drink in a bit."
MR. LALLY: If I can direct you to the top of page 14, sir.
MR. GUARINO: Yep. She says, "Can you answer, please," at 2:38. He writes back at 2:39, "No, Karen. Not sure why you need to announce that you're going drinking but have fun." Karen writes back at 2:40, "Seeing if you want to meet me later. Can you please call me right after that?"
MR. LALLY: And again, if I could direct you to the top of page 15?
MR. GUARINO: John writes back at 2:40, "Have to take him to the doctor. He has practice." Ms. Read writes back, "Yeah, five minutes." John writes back at 2:43, "My father just walked in." Karen writes back, "Okay. Can you please call me for two minutes," at 2:44.
MR. LALLY: And the top of page 16, sir?
MR. GUARINO: At 2:44 John writes back, "Not right now." Karen writes back, "I'm there when anyone else needs me," at 2:44, and at 2:46, "Yes, John, you gave me utter grief this morning. I'd like you to call me for a mins."
MR. LALLY: And the last one from that page, sir?
MR. GUARINO: Yep. And at 2:47, "I've been trying to get over the hump with our with is arguing, and now you're telling me you're not into things. If you don't want to fight weekly, but fly off the handle at 8:00 a.m. with me, like you're setting me up to fail."
MR. LALLY: Sir, if I could draw your attention to page 42. And, sir, if I could ask you to start reading from the top of page 42.
MR. GUARINO: Yep. At 7:41 p.m., Karen writes, "Okay. Let me know if you end up leaving." John writes back at 7:42, "Why? Now you're not coming?" Karen writes back, "I'm waiting for the plumber. Actually think he's in the driveway," 7:42. John says, 7:43, "We're taking Mike's car, so I'm relying on you for a ride home if he leaves." Karen writes back at 7:43, "He's not going home after?" John writes back at 7:43, "Eight on a Friday. He may have to get Michael," and, "You have a plumber coming over at 8:00. Knowing me and Papa, could have handled it. Good luck," and that was at 7:44.
MR. LALLY: Thank you, sir. If I could direct your attention to page 49.
MR. GUARINO: Okay.
MR. LALLY: If I could ask you to start from the page of 49 -- page 49, sir?
MR. GUARINO: Yep. 8:29 p.m., "Yeah, but he lives right down the road." John writes back at 8:30, "Karen, this storm is going to be intense. Can't drive." 8:30 she writes back, "Okay, well, if he can't, he can't." John writes back, "I'll do it Monday." Karen responds at 8:31, "Huh? I better not still have this problem on Monday." John writes back, "Plan on being there." Karen writes back at 8:32, "I'd like to know I could take a hot shower here if I need to." John writes back, "Figured you'd be in Canton until Monday."
MR. LALLY: If I could direct you to the top of next page 51.
MR. GUARINO: "John, I'm getting off my phone. Let me know what you're doing." Karen writes back at 8:33, "I think the four of us together is toxic to this relationship. Would like to limit it," and says, "You've said so yourself for probably a year now," and John writes back at 8:33, "Blizzard tomorrow. Nobody is going anywhere."
MR. LALLY: Sir, if I could direct you to the top of page 52.
MR. GUARINO: Okay. Karen says, "Maybe I'll come back late tonight. Bad snow is in the early a.m." That's at 8:35, and again, 8:35, "I'll head up there in a few minutes. Let me know if you leave." John replies back, "Sure." And then the next one's not until 12:55 in a.m. on the 29th, "I'm going home."
MR. LALLY: And the, "I'm going home," is from the defendant at 12:55 a.m.; is that correct?
MR. GUARINO: Yes, that is correct.
MR. LALLY: And if I can direct your attention to the top of page 53.
MR. GUARINO: Yes, at 12:55, again, "See you later." At 1:02, "Your kids are cucking alone." 1:29 at 1:04am, "I'm back in Mansfield. The kids are home alone."
MR. LALLY: Thank you, sir.
MR. LALLY: Your Honor, may I approach to retrieve?
JUDGE CANNONE: Yes. Can I see counsel at sidebar about scheduling?
(Sidebar commences:
JUDGE CANNONE: How much longer do you have with him? If we go a half hour, will you finish?
MR. LALLY: Probably not but close to it. I think we might be a little bit longer than that.
JUDGE CANNONE: What's that?
MR. LALLY: It might be a little longer than that.
JUDGE CANNONE: Okay. How long do you have with him?
MR. YANNETTI: I probably have an hour I'd say.
JUDGE CANNONE: Okay. So we'll do all this -- you can continue, if you want to continue. You can continue 15 minutes or so. Why don't I ask the jurors if they want to go home or not? I think the nature of some of the --
MR. YANNETTI: A lot of dry testimony today.
JUDGE CANNONE: I'll ask if it's okay then if we go to 4:15. How's that?
MR. LALLY: Sure.
MR. YANNETTI: I don't care either way. Whatever you think, Judge.
JUDGE CANNONE: All right. Let me see if they can go.
end of sidebar.)
JUDGE CANNONE: Jurors, can we keep going a little while? We won’t finish with this witness, but can we go until 4:15? I know it's been a long day, but does that work for you all? All right. Thank you very much. So why don't we do that, and then I'll talk about scheduling after.
MR. LALLY: Your Honor, may I have one moment?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach just to retrieve?
JUDGE CANNONE: Yes.
MR. LALLY: Now, Trooper Guarino, you were also able to get some chats as well as some phone calls between the defendant and certain individuals; is that correct?
MR. GUARINO: Yes.
MR. LALLY: And may I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you two documents. Could you review those?
MR. GUARINO: (Witness complies.) Okay.
MR. LALLY: And do you recognize those, sir?
MR. GUARINO: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MR. GUARINO: The single page is Karen Read to Laura Sullivan phone calls, or, I should say, yep, calls from Laura Sullivan to Karen Read, and the other one is Karen Read and Laura Sullivan's chat messages.
MR. LALLY: What's contained in those documents, is that a fair and accurate portrayal of what you were able to extract from the defendant's phone?
MR. GUARINO: Yes, sir.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce and admit as the next two exhibits.
MR. YANNETTI: No objection.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 630, Cellebrite Extraction of Chats Between Karen Read and Laura Sullivan, was marked as an exhibit.)
(Whereupon Exhibit No. 631, Cellebrite Extraction of Calls Between Karen Read and Laura Sullivan, was marked as an exhibit.)
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Showing you a document, sir. Do you recognize that?
MR. GUARINO: Yes, these are Karen Read and Erin O'Keefe phone call.
MR. LALLY: And what is contained in that, is that a fair and accurate portrayal of what you observed conducted in the extraction of the defendant's phone with regard to the communications with Erin O'Keefe?
MR. GUARINO: Yes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Commonwealth would seek to introduce it as the next exhibit.
JUDGE CANNONE: Okay. There's no objection, Mr. Yannetti, right?
MR. YANNETTI: One moment. No objections.
(Whereupon Exhibit No. 632, Cellebrite Extraction – Karen Read/Erin O’Keefe Call Log, was marked as an exhibit.)
MR. LALLY: Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you what's previously been marked as Exhibits 51 and 52. I'd ask if you recognize those.
MR. GUARINO: Yes, these are phone calls from Karen Read and Katie Camarano and 52 is chats between Karen Read and Katie Camarano.
MR. LALLY: May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: What's contained in those Exhibits 51 and 52, is that a fair and accurate portrayal of what you observed during the extraction of the material from the defendant's phone?
MR. GUARINO: Yes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, showing you what's been marked as Exhibits 94 and then 95.
MR. GUARINO: Yes, sorry. They are chats between Karen Read and Jen McCabe or text messages. And 95 is Karen Read and Jen McCabe phone calls.
MR. LALLY: And again, what's contained in those records before you, is that a fair and accurate portrayal of what you observed in the defendant's phone during the course of the -- your extraction of materials from her phone?
MR. GUARINO: Yes.
MR. LALLY: May I approach to retrieve, Your Honor?
JUDGE CANNONE: Yes. So these are already in evidence, Mr. Lally, so that you don't need the fair and accurate depiction.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes. Jurors, you know what, I'm going to send you home. Okay. So I need to see counsel at sidebar for just a minute to go over the next two days.
JUDGE CANNONE: All right. I had kind of hoped that we would have done something productive during that period of time.
MR. LALLY: I know, Your Honor.
JUDGE CANNONE: So where do we stand? Tomorrow we'll be doing voir dire. I think it will take the better part of the day. Do you all agree?
MR. YANNETTI: We're hoping that it won't take most of the day. We're hoping that it will just take the morning.
MR. JACKSON: My understanding of the parameters of the voir dire is this is about qualifications.
JUDGE CANNONE: So we can talk -- we can talk more about it tomorrow morning. I just want to give the jurors some time frame. We'll finish it tomorrow, right?
MR. YANNETTI: Oh, yeah.
MR. JACKSON: I need to know what the -- we'll finish it tomorrow but if it's limited to the parameters that it should be, that I think it should be, I think we can do it in the morning, quickly.
JUDGE CANNONE: Okay. I think it's going to take more than that. So we'll start at 9:30. Where do we stand with Thursday? Do you think you'll rest?
MR. LALLY: Quite possibly, yes.
JUDGE CANNONE: Who else do you have besides this witness and your medical examiner?
end of sidebar.)
COURT OFFICER: Again, folks, quiet, please. We're still on the record.
(Sidebar commences:
MR. LALLY: So there's this witness, the medical examiner, and then there's the neuropathologist who is very quick or should be very quick.
JUDGE CANNONE: Based on tomorrow's voir dire, if you need more time, you'll have to let me know as soon as possible so we let the jurors know.
MR. LALLY: Sure, absolutely.
MR. JACKSON: So we should not have any witnesses on Thursday.
JUDGE CANNONE: I doubt it, but let's see. We'll know better tomorrow.
MR. LALLY: Okay.
MR. YANNETTI: Okay.
JUDGE CANNONE: And your witnesses will be here tomorrow? Most of them will?
MR. JACKSON: Three of them.
JUDGE CANNONE: Do you plan on starting with your experts or starting with others?
MR. YANNETTI: No, we'd start with the civilian and then go to the computer expert.
JUDGE CANNONE: Okay. That's all I need to know.
MR. YANNETTI: All right.
JUDGE CANNONE: Thank you.
end of sidebar.)
JUDGE CANNONE: So, jurors, we will be in session tomorrow but you won't be. All right. So it's very important that you don't watch TV or listen to anything or read about anything. So we will be here tomorrow. Wednesday is the federal holiday, so we're not in session. I know there's supposed to be some big heatwave this week. I really appreciate that everybody dresses respectfully for court. I suggest you come in comfortably. It's an old building. The air conditioners were great today. I don't know that that will hold up when really pushed. So feel free to dress comfortably. We'll plan on seeing you on Thursday. If that changes, the court officers have your contact information, but we're planning on seeing you on Thursday. All right. So please those three cautions, do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard it and let us know. we'll see you Thursday morning.
(Jury out.)
JUDGE CANNONE: Trooper, you can step down.
(Sidebar commences:
JUDGE CANNONE: All right. Mr. Yanetti, can you give me an idea of who you think you're calling or what order you think you're calling?
MR. YANNETTI: In our case in chief?
JUDGE CANNONE: Yes.
MR. YANNETTI: So we're going to start with Brian Loughran.
JUDGE CANNONE: Okay.
MR. YANNETTI: The plow driver who shouldn't be too long. And then we're going to go to Rick Green, and then I'm going to turn the case over to my co-counsel.
JUDGE CANNONE: And what do you expect?
MR. JACKSON: Dr. Sheridan, Dr. Russell, Dr. Wolfe, Dr. Rentschler. In that order.
MR. YANNETTI: And that should be it.
JUDGE CANNONE: All right. And you think you can really do that in two days?
MR. JACKSON: Three. I think three.
JUDGE CANNONE: You said the other day if we started on Monday, you'd finish by Wednesday.
MR. JACKSON: Right. I think we can do it in three days.
MR. YANNETTI: We'll certainly start by Friday I think.
JUDGE CANNONE: Yeah, but we want to get it to them --
MR. YANNETTI: No, no, I'm talking this Friday. We're going to start our case this Friday so we should be done --
JUDGE CANNONE: We have a half a day.
MR. YANNETTI: Oh, it's a half day. Okay.
JUDGE CANNONE: Because I have that sentencing.
MR. YANNETTI: I forgot.
MR. JACKSON: Still I think we can still get Brian Loughran and a good part of Rick Green done by Friday.
JUDGE CANNONE: All right. It all depends on -- I think you're being a little optimistic about resting on Thursday.
MR. JACKSON: Yeah, it all depends on that.
JUDGE CANNONE: And then cross-examination. So you've got the two medical witnesses and this witness, right?
MR. JACKSON: I will say the bulk -- the longest of the cross is left is going to be this witness, but it's not going to be that long. We're not going to spend a ton of time on the medical witnesses. We are not. I don't know --
MR. YANNETTI: I may be less than an hour on this witness.
JUDGE CANNONE: All right. So it looks like we still get it to them next week.
MR. JACKSON: Yes, absolutely.
JUDGE CANNONE: Okay. All right.
MR. LALLY: If I could just ask, so am I to understand Dr. Van Nee is not testifying now?
MR. JACKSON: Who?
MR. LALLY: Dr. Van Nee.
MR. YANNETTI: Chris Van Nee.
MR. JACKSON: No, I'm not going to call him. I don't need him.
JUDGE CANNONE: What is he -- okay. So you're not calling him. Okay.
MR. JACKSON: I think I did what I needed to do.
JUDGE CANNONE: Okay. All right. We'll see you at 9:30 tomorrow morning.
MR. YANNETTI: And by the way, I think you said this already, just to confirm. We're in session on June 26,
Court Order: Jurors or Juror Issue 2 now because we postponed -- --
JUDGE CANNONE: Yes, yes.
MR. YANNETTI: Thank you, Your Honor.
end of sidebar.)
JUDGE CANNONE: Thank you. And we'll see you tomorrow.
(Court in recess.)