Nicholas Guarino — Direct (Part 2)

12 30:14

MR. LALLY: Trooper, showing you a document. I'd ask you to review that and look up when you're finished.

13 30:21

MR. GUARINO: Okay. (Witness complies.) Okay.

14 30:24

MR. LALLY: Do you recognize that, sir?

15 30:27

MR. GUARINO: Yes, it's --

16 30:29

MR. LALLY: What do you recognize that to be?

17 30:31

MR. GUARINO: Sorry. Karen Read's phone call logs.

18 30:34

MR. LALLY: And that's specifically from January 28, and January 29; is that correct?

19 30:38

MR. GUARINO: Yes, it starts the -- yep, 28th at 12:33 to -- I'm sorry -- the 29th at 12:33 to 3:19 p.m. on the 29th.

20 30:50

MR. LALLY: And just for ease of reference, does it sort of go in descending order as far as the earlier calls are on the last page and then the more recent calls are on the first page?

21 30:59

MR. GUARINO: Yes, that's correct.

22 31:00

MR. LALLY: May I approach, Your Honor?

23 31:01

24 31:01

MR. LALLY: Commonwealth would seek to introduce them as the next exhibit.

25 31:04

MR. YANNETTI: May we approach, please?

26 31:07

27

(Sidebar commences:

28

MR. YANNETTI: My main concern and I was unable review it completely, but it does it include any calls to potential representation. Because I know my client had reached out for Jack Bryant at one point before she located me. I don't know if that call is in there or not.

29

MR. LALLY: So this is the extraction report data we received. So all of that, pursuant to the attorney general's review of it, should be excised. Regardless, all contacts are as far as names or anything are excised from this copy that's going to the jury.

30

MR. YANNETTI: Okay. Why can't this end at a certain time on January 29? Why does it have to go into the afternoon past 1:19 p.m.?

31

MR. LALLY: I --

32

MR. YANNETTI: Just to be frank, Judge. I'm trying to prevent any possibility of prejudice here.

33

Court Order: Jurors or Juror Issue

34

Court Order: Jurors or Juror Issue

35

JUDGE CANNONE: So let's let this in. You can find Jack Diamond's phone number. If it's in here let me know and we'll take it out.

36

MR. YANNETTI: Sounds good.

37

MR. LALLY: And, Your Honor, I am not looking to publish this for the jury or anything like that.

38

JUDGE CANNONE: But you're putting it in and it's --

39

MR. LALLY: No, no, no. I'm just saying there's sufficient time that there's additional redactions that counsel wants or whatever, that's fine.

40

MR. YANNETTI: That's fine. Yep.

41

42

end of sidebar.)

43 33:01

JUDGE CANNONE: That will be our next exhibit.

44

(Whereupon Exhibit No. 633, Call Log, was entered as an exhibit.

45 33:03

MR. LALLY: May I approach, Your Honor?

46 33:05

47 33:06

MR. LALLY: Showing you another document, sir. Do you recognize that?

48 33:10

49 33:11

MR. LALLY: What do you recognize that to be?

50 33:12

MR. GUARINO: This is Karen Read and Kerry Robert's call log.

51 33:15

MR. LALLY: And that's an extraction report that you created from the defendant's phone; is that correct?

52 33:20

JUDGE CANNONE: Keep your voice up, Mr. Lally, for the jurors.

53 33:23

MR. LALLY: Yes, Your Honor. May I approach, again, Your Honor?

54 33:27

55 33:28

MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.

56 33:33

57 33:33

MR. YANNETTI: No objection.

58

(Whereupon Exhibit No. 634, Cellebrite Extraction – Karen Read/Kerry Roberts, was marked as an exhibit.)

59 33:34

MR. LALLY: May I approach again, Your Honor?

60 33:37

61 33:40

MR. LALLY: Showing you another document, sir, if you recognize that?

62 33:44

63 33:45

MR. LALLY: What do you recognize that to be?

64 33:46

MR. GUARINO: This is the texts from John O'Keefe and Chris Albert.

65 33:51

MR. LALLY: And again, that's an extraction report that you created from Mr. O'Keefe's phone; is that correct?

66 33:56

MR. GUARINO: Yes, it is.

67 33:57

MR. LALLY: May I approach again, Your Honor?

68 33:58

69 33:58

MR. LALLY: Commonwealth would seek to introduce them as the next exhibit.

70 34:03

MR. YANNETTI: No objection.

71 34:05

COURT REPORTER: Mr. Lally, you really do need to keep your voice up.

72 34:09

MR. LALLY: I'm sorry.

73

(Whereupon Exhibit No. 635, Cellebrite Extraction – John O’Keefe/Chris Albert Chat Log, was marked as an exhibit.)

74 34:16

MR. LALLY: And may I approach -- oh, I'm sorry. My apologies. May I approach again, Your Honor?

75 34:30

76 34:34

MR. LALLY: Showing you another document, sir. Ask you to look at that, look up when you're finished.

77 34:43

MR. GUARINO: (Witness complies.) Yes.

78 34:46

MR. LALLY: Do you recognize that, sir?

79 34:48

MR. GUARINO: Yes. This is Karen Read's the full chat report of everyone from the 29th on.

80 34:59

MR. LALLY: May I approach, Your Honor?

81 35:00

82 35:02

MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.

83 35:04

MR. YANNETTI: We have no objection.

84 35:05

85

(Whereupon Exhibit No. 636, Cellebrite Extraction – Karen Read Chat Log, was marked as an exhibit.)

86 35:17

MR. LALLY: I'm sorry. May I have the last one? May I approach the witness, Your Honor?

87 35:22

88 35:26

MR. LALLY: Returning to you what's now been marked is Exhibit 636.

89 35:28

MR. LALLY: Your Honor, with the Court's permission, may I publish a portion of this to the jury?

90 35:31

91 35:43

MR. LALLY: Now, sir, I'm going to direct your attention to the exhibit before you that's now been marked as Exhibit 636, and Ms. Gilman, if I could -- I'm sorry -- Trooper Guarino and Ms. Gilman, if I could direct your attention to page 3. And do you have that before you, sir?

92 36:04

MR. GUARINO: Yes, I do.

93 36:04

MR. LALLY: And on page three, who is that a conversation with?

94 36:07

MR. GUARINO: Laura Sullivan.

95 36:09

MR. LALLY: And that conversation essentially continues from page 3 to page 6; is that correct?

96 36:19

MR. GUARINO: Yes, it does.

97 36:21

MR. LALLY: And, sir, I'm going to ask you similar to what I asked you the other day, if you could read from that conversation in its entirety indicating who's speaking or the content of what's being said and the date and time associated with that message.

98 36:34

MR. GUARINO: Yes. First message from Laura Sullivan at 12:45 p.m. on January 29, 2022. "Karen, it's Laura. Please call me." Karen says, "Hi, Laura," at 1:07 p.m. Karen then says, "John passed away," 1:07 p.m. Laura, "Karen, I'm shaking. I'm so sorry." At 1:07 Karen says, "We found him outside in the snow at 5:00 a.m.," 1:07 p.m. "Laura, I can't stop crying," 1:07 p.m. again. "Karen, thank you," 1:07. And Laura finally says, "Why was he out there," 1:07 p.m. Oh, sorry. Karen replies, "He left the party we were at. I don't know what time. I didn't even go in. I went to bed." That's at 1:08 p.m. Laura says, "Oh my god," 1:08, "Karen, my heart breaks for," excuse me, "my heart breaks for everyone," at 1:09 p.m.

99 37:43

MR. LALLY: Thank you, sir.

100 37:47

MR. LALLY: So when those text messages from Ms. Sullivan in the afternoon, of the 29th, she indicates to Ms. Sullivan that they located Mr. O'Keefe around 5:00 a.m.; is that correct?

101 37:56

MR. GUARINO: Yes, it is.

102 38:00

MR. LALLY: Now, sir, if I could direct your attention to page 28 to 29 of those messages in the exhibit before you. And page 28 to 29, who is that conversation with?

103 38:15

MR. GUARINO: This is Karen Read and John O'Keefe.

104 38:17

MR. LALLY: And these are conversations from the early --

105 38:20

COURT REPORTER: I'm just having trouble.

106 38:22

MR. LALLY: These conversations on page 28 through 29 of this exhibit occur in the early morning hours of January 29, correct?

107 38:31

MR. GUARINO: Yes, that's correct.

108 38:33

MR. LALLY: And if you could, sir again, please read as far as who's speaking, what they're saying, and what date and time these are being sent?

109 38:41

MR. GUARINO: Yes. Karen Read to John O'Keefe at 12:55 a.m. on the 29th, "I'm going home," followed by I'll -- excuse me -- "see you later." At 1:02 a.m. she texts John again saying, "Your kids are cucking alone." And at 1:04 a.m. she says, "I'm back in Mansfield. The kids are home alone."

110 39:11

MR. LALLY: Thank you.

111 39:11

MR. LALLY: May I approach just to retrieve?

112 39:40

113 39:45

MR. LALLY: May I have a moment, Your Honor?

114 40:19

115 40:24

MR. LALLY: May I approach?

116 40:25

117 40:25

MR. LALLY: Sir, I'm showing you two documents, and Mr. Officer, we can put the lights back. Do you recognize each of those documents, sir?

118 40:37

MR. GUARINO: Yes. One is Karen Read call log report. Just want to confirm which one this is -- for John O'Keefe, and then John O'Keefe's full call log report on the -- looks like the 29th.

119 40:59

MR. LALLY: Now, sir, if I could direct your attention to the defendant, Ms. Read's call log reports, and specifically, if I could draw your attention to what's been -- they're enumerated as far as certain box numbers, correct, one through whatever it goes on the last page?

120 41:13

121 41:14

MR. LALLY: If I could direct your attention to boxes 113 and 114?

122 41:24

MR. GUARINO: Okay.

123 41:24

MR. LALLY: Do you see those entries, sir?

124 41:26

125 41:27

MR. LALLY: Now as far as the time related to box 113 and 114, what are the time stamps associated with that?

126 41:32

MR. GUARINO: 1/29/2022 at 12:36 a.m. 41 seconds, and then another one at 12:36 and 10 seconds a.m. on the 29th.

127 41:44

MR. LALLY: And is there any indication within that report as far as whether or not those calls are answered, those calls are missed, those calls are rejected. What's listed?

128 41:56

MR. GUARINO: It says answered.

129 41:56

MR. LALLY: And we'll get to this a little bit more in a moment, but with regard to that 12:36 time from your review of both the defendant's phone and Mr. O'Keefe's phone, is there a voicemail that the defendant left Mr. O'Keefe at that time frame?

130 42:13

MR. GUARINO: There was a voicemail at 12:37 a.m. These ones here, it looks like they're three seconds and five seconds long.

131 42:21

MR. LALLY: And they're listed as answered; is that correct?

132 42:23

MR. GUARINO: That is correct.

133 42:24

MR. LALLY: Now, sir, if I could turn your attention over to Mr. O'Keefe's call report, and specifically, I'm going to ask you to direct your attention to what's been labeled as box number 134 and then 134 with the one in parentheses.

134 42:42

MR. GUARINO: Okay.

135 42:42

MR. LALLY: Do you see those entries, sir?

136 42:43

137 42:44

MR. LALLY: And what is the date and time associated with those entries in Mr. O'Keefe's records?

138 42:48

MR. GUARINO: His records it shows number 134 is 12:36 and nine seconds on the 29th and then 134 with the one in the parentheses 12:36 and nine seconds as well with a call duration zero seconds.

139 43:04

MR. LALLY: And as far as any indication on those calls, as far as whether they're answered, they're missed, they're rejected, or what are they listed as?

140 43:12

MR. GUARINO: There's nothing -- the also 133, is the same call. That one says missed, and it's at the same time stamp of 12:36 and nine seconds.

141 43:22

MR. LALLY: So the same call around the same time frame shows up in Mr. O'Keefe's report as missed and shows up in the defendant's report as answered, correct?

142 43:30

MR. GUARINO: That is correct.

143 43:30

MR. LALLY: And that is around the time that the defendant is calling the victim repeatedly and leaving voicemails on Mr. O'Keefe's phone?

144 43:37

MR. GUARINO: Yes, that's correct.

145 43:39

MR. LALLY: May I approach just to retrieve, Your Honor?

146 44:11

JUDGE CANNONE: Yes. A Yes.

147 44:12

MR. LALLY: Now, Trooper Guarino, you conducted an analysis of both the defendant's phone and Mr. O'Keefe phone, correct?

148 44:18

MR. GUARINO: That is correct.

149 44:18

MR. LALLY: And from your analysis of that phone, were you able to determine approximately how many calls occurred from the defendant's phone to Mr. O'Keefe's phone from the time period shortly after 12:30 a.m. to the time period shortly after 6:00 a.m.?

150 44:35

MR. GUARINO: There was over 50. I think it was 53 or 55.

151 44:40

MR. LALLY: And any of those calls from your review of those records indicate any sort of conversation as far as duration, as far as being labeled as answered, anything to that effect?

152 44:51

MR. GUARINO: That Mr. O'Keefe actually picked up the phone and spoke to Ms. Read?

153 44:55

MR. LALLY: Yes.

154 44:56

MR. GUARINO: No.

155 44:59

MR. LALLY: Now with regards to those phone calls from the defendant to Mr. O'Keefe, what, if anything, did you find from Mr. O'Keefe's phone in relation to voicemails left by the defendant?

156 45:13

MR. GUARINO: There were -- should be eight voicemails on Mr. O'Keefe phone from the 29th until the phone was discovered, all from Ms. Read, no one else.

157 45:24

MR. LALLY: May I approach, Your Honor?

158 45:25

159 45:40

MR. LALLY: Showing you this, sir. Do you recognize that?

160 45:42

161 45:42

MR. LALLY: And what do you recognize that to be?

162 45:44

MR. GUARINO: It's the John O'Keefe voicemails from Karen Read on his phone.

163 45:49

MR. LALLY: From that period that we're just speaking about on January 29?

164 45:53

MR. GUARINO: Yes, that's correct.

165 45:55

MR. LALLY: May I approach, Your Honor?

166 45:59

167 45:59

MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.

168 46:08

MR. YANNETTI: We have no objection.

169

(Whereupon Exhibit No. 637, CD with John O’Keefe’s Voicemails, was marked as an exhibit.)

170 46:11

MR. LALLY: Now, sir, from your review of the defendant's phone -- before we get to those, from your review of the defendant's phone, what, if anything, were you able to observe or ascertain that the defendant's phone did at approximately 12:36 a.m.?

171 46:26

MR. GUARINO: So by looking at the timeline in the phone, we were able to see that Ms. Read's phone auto-connected to John O'Keefe's WiFi at his house at 12:36 a.m. We know this because it's a password protected access to the phone. So you would have to know the password to get into this WiFi network.

172 46:48

MR. LALLY: And that would be the home at 1 Meadows Avenue, correct?

173 46:51

MR. GUARINO: Yes, that's correct.

174 46:53

MR. LALLY: And, Your Honor, with the Court's permission, if we could publish each of the eight voicemails to the jury?

175 46:59

JUDGE CANNONE: Okay. Are we going to hear which time each one is?

176 47:02

MR. LALLY: Yes, Your Honor.

177 47:13

MR. LALLY: And, Trooper Guarino, again similar to the other messages just for point of reference, the earliest of the voicemails is the last in the list, and the most recent is at the top of the list; is that correct?

178 47:23

179 47:25

MR. LALLY: Now as far as this first voicemail, what time did this occur?

180 47:29

MR. GUARINO: 12:37 a.m.

181 47:31

MR. LALLY: And with the Court's permission, if I could play that for the jury.

182 47:34

183

(Whereupon Exhibit 637 played.)

184 47:43

MR. LALLY: Ms. Gilman, if you could have the second message.

185

(Whereupon Exhibit 637 played.)

186 48:01

MR. LALLY: Sorry, Ms. Gilman, if you could pause right there, please. My apologies. I just wanted the siren to go by.

187 48:09

JUDGE CANNONE: No, that's fine.

188 48:11

MR. LALLY: Before Ms. Gilman presses play again, Trooper Guarino, what time is this second message?

189 48:17

MR. GUARINO: 12:42.

190 48:18

MR. LALLY: Ms. Gilman, if you could.

191

(Whereupon Exhibit 637 played.)

192 48:20

MR. LALLY: Now, Trooper Guarino, with reference to the third message, what time is that received?

193 48:53

MR. GUARINO: 12:59.

194 48:54

MR. LALLY: And again, when I say received by Mr. O'Keefe's phone; is that correct?

195 48:58

MR. GUARINO: That's the time stamp of the voicemail in his phone, yes.

196 49:02

MR. LALLY: And Ms. Gilman, if you could with reference to that third message.

197

(Whereupon Exhibit 637 played.)

198 49:17

MR. LALLY: Now the fourth message, Trooper Guarino, what time was that received by Mr. O'Keefe's phone?

199 49:21

MR. GUARINO: 1:02 a.m.

200 49:23

MR. LALLY: Ms. Gilman, if you could when you're ready.

201

(Whereupon Exhibit 637 played.) A That was it.

202 49:39

JUDGE CANNONE: So can we just turn the air conditioner off for just a second, please? So you just played it?

203 49:47

MR. GUARINO: Your Honor, there was no content. They were just, like, a one-second long message.

204 49:57

205 49:58

MR. LALLY: And, Trooper Guarino, with regard to the fifth message, what time was that received by Mr. O'Keefe's phone?

206 50:03

MR. GUARINO: 1:11 a.m. Excuse me.

207 50:22

MR. LALLY: And, Ms. Gilman, if you could.

208

(Whereupon Exhibit 637 played.)

209 50:24

MR. LALLY: And the sixth message, sir, What time was that received by Mr. O'Keefe's phone?

210 50:28

MR. GUARINO: 1:18 a.m.

211 50:30

MR. LALLY: Ms. Gilman , if you could.

212

(Whereupon Exhibit 637 played.)

213 50:50

MR. LALLY: The seventh message, sir, What time was that received by Mr. O'Keefe's phone?

214 50:54

MR. GUARINO: 5:23 a.m.

215 50:56

MR. LALLY: Ms. Gilman, if you could.

216

(Whereupon Exhibit 637 played.)

217 51:04

MR. LALLY: And the last and eighth message, sir, what time was I received by Mr. O'Keefe's phone?

218 51:09

MR. GUARINO: 6:08 a.m.

219 51:11

MR. LALLY: Ms. Gilman, if you could.

220

(Whereupon Exhibit 637 played.)

221 51:14

MR. LALLY: And if you could pause there for one second. I'm sorry.

222 51:23

MR. LALLY: With respect to this message received on Mr. O'Keefe's phone at 6:08 a.m., from your knowledge of the investigation, where was the defendant? Who, if anyone, was with or around her at the time of this message at 6:08 a.m.?

223 51:36

MR. GUARINO: Jen McCabe, Kerry Roberts. During the message, you can hear someone on the phone with 911.

224 51:44

MR. LALLY: Thank you, sir.

225 51:45

MR. LALLY: Ms. Gilman, if you could.

226

(Whereupon Exhibit 637 played.)

227 55:42

MR. LALLY: Thank you, Ms. Gilman. All right. Can we turn the air conditioning back on? Thank you very much.

228 55:49

MR. LALLY: Now, Trooper Guarino, in addition to the 53 phone calls that you've testified about the defendant made to Mr. O'Keefe from that time frame following 12:30 a.m. to approximately 6:00 -- just past 6:00 a.m., did you note any other calls to a contact listed within the defendant's phone as mom?

229 56:10

230 56:11

MR. LALLY: And when were those calls placed?

231 56:14

MR. GUARINO: I believe there's one at 1:10-ish in the morning. I forget the exact time stamp. There's also one around 4:40 in the morning, and then at 4:42. Right around 4:00 in the morning. Two of them, the first two weren't answered, and then the third phone call was answered.

232 56:33

MR. LALLY: Now, with respect to Ms. Read's phone from that same time period, what if any phone calls did you observe to a contact listed in the defendant's phone as dad?

233 56:44

MR. GUARINO: It's the same number. So when I looked at it in one report, it showed as dad, and then when I looked at it in Cellebrite, it came up as mom. So I don't know how it's attributing maybe she has it listed twice. I never looked at her actual phone, so this is what the extraction is showing me.

234 57:01

MR. LALLY: Now, sir, you testified the other day that upon your review of the defendant's extraction reports, you were not able to determine there were no listed GPS locations for the defendant's phone?

235 57:10

MR. GUARINO: Correct. Like routes or anything like that.

236 57:15

MR. LALLY: And that was because it was turned off in the phone; is that correct?

237 57:20

MR. GUARINO: That would lead me to believe, yes, that location services are turned off, so.

238 57:24

MR. YANNETTI: Objection. Move to strike.

239 57:27

JUDGE CANNONE: So no guess. What can you tell us about that? A Well if GPS coordinates and location service is on, that's what would get us locations in the phone. So if they're not there, they could be turned off.

240 57:39

MR. YANNETTI: Objection. Move to strike.

241 57:41

JUDGE CANNONE: I'll allow that.

242 57:44

MR. LALLY: Now with respect to Mr. O'Keefe phone, what if any analysis with respect to GPS and/or health data -- well, let me ask you this, sir. From your training and experience and your case work with respect to forensic analysis of electronic devices, what is health data in a cell phone? How is that reported, and what, if anything, can that tell you?

243 58:08

MR. GUARINO: Okay. So in an iPhone, you can have health data. To use that health data, the phone, if you don't have an iWatch paired to it, it's basically just a high tech pedometer. It's just every time you move the phone, it's going to track steps, and that's if you have it turned on. If you have the iWatch on, it'll get beats per minute and you get a much more robust health data from it.

244 58:36

MR. LALLY: Now, with respect to the health data and with respect to the GPS location for Mr. O'Keefe phone, initially, what if any sort of analysis did you do with respect to that?

245 58:49

MR. GUARINO: So we checked his native locations. At 12:19, the phone is -- well, I should say is at 12:12 in his location it shows that he's at the Waterfall Bar. The next set of locations shows he's at Dedham Street by Cedarcrest, and then Waze is activated for 34 Fairview. So and then it shows me his entire route to 34 Fairview.

246 59:15

MR. LALLY: And what is Waze, sir?

247 59:16

MR. GUARINO: Waze is similar to Apple Maps. It is a GPS program that, you know, punch in like a Garmin type thing.

248 59:24

MR. LALLY: I'd like to take you back just for a moment, just to the health data from the Cellebrite extraction that you did, specifically you looked at data from 12:00 a.m. to 1:00 a.m. on January 29, 2022; is that correct?

249 59:35

MR. GUARINO: Yes, that's correct.

250 59:36

MR. LALLY: And as far as the health data was concerned, there was some entries from 12:11 a.m. to 12:32 a.m.; is that correct?

251 59:46

MR. GUARINO: Yes, that's correct.

252 59:47

MR. LALLY: And can you describe to the jury sort of what you observed, and what if any significance those entries had to you as far as the health data was concerned?

253 59:55

MR. GUARINO: Yeah. So the health data shows, like I said, the phone is basically a high tech pedometer. If you're moving it around, it's going to think you're taking steps, but you might not actually be walking. His health data showed while he's driving that he's traveling and taking steps.

254 1:00:11

MR. YANNETTI: Objection. Move to strike.

255 1:00:14

JUDGE CANNONE: So I need a foundation.

256 1:00:15

MR. LALLY: Trooper Guarino, over the course you've gained -- over the course of this investigation, your analysis, you became aware of other witness statements, surveillance video things of that nature as to Mr. O'Keefe's whereabouts from approximately 12:00 a.m. to at least 1:00 a.m.; is that correct?

257 1:00:35

MR. GUARINO: Yes, that's correct.

258 1:00:36

MR. LALLY: And you're aware of around the time just past 6:00 a.m. when the --

259 1:00:41

MR. YANNETTI: Your Honor, objection.

260 1:00:42

JUDGE CANNONE: So let's hear the question.

261 1:00:45

MR. YANNETTI: Well, that's my objection.

262 1:00:46

JUDGE CANNONE: Go ahead, Mr. Lally.

263 1:00:48

MR. LALLY: You're aware of the time being just past 6:00 a.m. that you already testified to as to when Mr. O'Keefe was discovered and 911 was called?

264 1:00:57

MR. GUARINO: Yes, that's correct.

265 1:01:00

MR. LALLY: So, sir, with respect to again that time period starting at 12:11 a.m., what, if anything, did you observe with respect to the health data of Mr. O'Keefe as signified within the phone?

266 1:01:13

MR. GUARINO: So it marks when he's taking steps, ascending, or I should say, yeah, ascending stairs and distance traveled.

267 1:01:22

MR. LALLY: And so from that period of 12:11 to 12:32, there are essentially four time periods that you delineated; is that correct?

268 1:01:30

MR. GUARINO: Yes, that's correct.

269 1:01:31

MR. LALLY: And do you remember the precise times and sort of distance traveled within those time frames?

270 1:01:36

MR. GUARINO: I don't remember the precisely off top of my head.

271 1:01:40

MR. LALLY: Your Honor, with the Court's permission, may the trooper refer to his report just for those numbers?

272 1:01:46

JUDGE CANNONE: Yes. Do you have it with you, Trooper?

273 1:01:54

MR. GUARINO: Yes, Your Honor. Thank you. Okay.

274 1:01:55

MR. LALLY: And, sir, if you could just list for the jury what you found?

275 1:02:00

MR. GUARINO: Yes. So at 12:11 and nine seconds in the morning to 12:21 and five seconds on the 29th, it shows that he's taking 170 steps going 99.6 meters, or 326 feet. At --

276 1:02:18

MR. LALLY: Go ahead.

277 1:02:19

MR. GUARINO: Sorry. At 12:21 and ten seconds to 12:24 and twenty-two seconds, it shows 80 steps and 87.74 meters or 287 feet. At 12:21, 14 seconds to 12:24 and 37 seconds, it stated ascending/descending three floors. And then at 123156 to 123216 in the morning, 36 steps, 25.46 meters, or 85 feet.

278 1:02:50

MR. LALLY: Now, sir, with respect to what's listed as steps. Does that indicate from based on your training and experience and familiarity with this sort of health data, what, if anything, does that tell you as to whether or not the person with the phone is physically taking steps?

279 1:03:06

MR. GUARINO: That's not the case.

280 1:03:08

MR. LALLY: What is the case?

281 1:03:10

MR. GUARINO: Like I said, the phone has internal measures.

282 1:03:14

MR. YANNETTI: Objection.

283 1:03:15

JUDGE CANNONE: No, I'll allow it.

284 1:03:18

MR. LALLY: The phone has internal measures in it, but like I said, it's basically a pedometer, so the movement to the phone, the distance traveled, it's going to register steps. You don't have to physically be walking and moving the phone for it to register movement. Just waving it around and then could potentially cause it to think you're walking and moving.

285 1:03:41

MR. LALLY: You mentioned that from your view of Mr. O'Keefe's phone you indicated there was a Waze search for 34 Fairview Road; is that correct?

286 1:03:48

MR. GUARINO: Yes, that's correct.

287 1:03:49

MR. LALLY: And if you could just explain to the jury sort of what is -- what is Waze and what kind of information are you looking at?

288 1:03:56

MR. GUARINO: Waze is a GPS program. So you put your address you're looking to go to, it's going to tell you the fastest route, where the police are, et cetera.

289 1:04:07

MR. LALLY: And when that Waze search was conducted, is there a precise time pursuant to your review of Mr. O'Keefe's phone associated with that Waze search?

290 1:04:15

MR. GUARINO: Yes, it was at 12:20 in the morning.

291 1:04:18

MR. LALLY: And so from all of those steps and everything that you -- if Mr. O'Keefe is searching for 34 Fairview Road, inferably he's not at 34 Fairview Road; is that correct?

292 1:04:28

MR. GUARINO: That is correct.

293 1:04:31

MR. LALLY: Now, with respect to the location, can you describe to the jury -- are you familiar with the term based on your training and experience, known as native locations?

294 1:04:43

295 1:04:44

MR. LALLY: And can you explain to the jury what that is?

296 1:04:47

MR. GUARINO: So native locations on an iPhone, the way it pulls GPS data, it uses satellite, WiFi signal, Bluetooth, location services on apps. It takes all that data and uses intel to get you the best location of where you are unlike where you'd have like a handheld car mounted Garmin GPS that's just using strictly satellite.

297 1:05:09

MR. LALLY: Now, from your review of that data, when that Waze search is conducted at approximately 12:20 a.m., where is Mr. O'Keefe physically located at that time?

298 1:05:20

MR. GUARINO: The vehicle or whatever they're in is by 138 Denham Street. They had already passed Cedarcrest Road.

299 1:05:29

MR. LALLY: And from review of that native location data, what time does the phone arrive in the area of 34 Fairview Road?

300 1:05:36

MR. GUARINO: 12:24 a.m.

301 1:05:40

MR. LALLY: Now the next entry, as far as the location data, when is that and where is it indicating that the phone is at that?

302 1:05:48

MR. GUARINO: It shows me it's there the entire night, right in between 32 and 34 Fairview.

303 1:05:54

MR. LALLY: And 32 and 34 Fairview, that sort of intersection of those two residences, if you know, where is that, in relation to where Mr. O'Keefe was found just after 6:00 a.m. in the morning?

304 1:06:05

MR. GUARINO: I was only going by the photos that Sergeant Goode had taken and from the Canton PD cruiser cam, but that area would be within 3 feet give or take of the area where the GPS signals all plot for the rest of the night.

305 1:06:22

MR. LALLY: Trooper Guarino, you testified the other day to a tool that you use called Axiom; is that correct?

306 1:06:27

307 1:06:28

MR. LALLY: And with regard to the location data and the tool of Axiom, what, if anything, can you tell the jury as far as how that works and how accurate it is?

308 1:06:40

MR. GUARINO: So like Cellebrite, Axiom will also show the native locations in an iPhone. They're able to display the range of accuracy in meters, and then also the speed of the phone in meters per second.

309 1:06:57

MR. LALLY: And were you able to ascertain from using the Axiom tool and the location data for Mr. O'Keefe's phone, as far as its speed in meters per seconds at 12:25:36 a.m.?

310 1:07:12

MR. GUARINO: I was. I don't remember it off the top of my head.

311 1:07:15

MR. LALLY: Your Honor, with the Court's permission, may the Trooper refer to his report for the numbers?

312 1:07:19

JUDGE CANNONE: Go ahead. A It's a point 6346 meters per second at a 16.75 meter lever of accuracy. So at about 54 feet measure of accuracy.

313 1:07:38

MR. LALLY: Now, sir, if you could just based on your training and experience and your use familiarity with this Axiom tool -- for the record, that's A-X-I-O-M; is that correct?

314 1:07:47

MR. GUARINO: Yes, that is correct.

315 1:07:47

MR. LALLY: So as far as that degree of certainty or accuracy with regard to the measurement, can you speak a little bit about that and explain that to the jury how that -- how that works and what that means?

316 1:07:59

MR. GUARINO: So, you know, as I said, the iPhone tries to use multiple things to get you the best area of location where you're at. I can tell from personal experience that being at 34 Fairview, it's at the bottom -- Fairview -- where 34 is on Fairview, it's at the bottom of the hill, and it's also at the bottom of Cedarcrest where they sort of intersect. That area there has many hills, so the GPS signal can weaken due to natural landscape, buildings, weather, multiple faction -- factors.

317 1:08:38

MR. LALLY: And as far as the degree of accuracy, what, if anything, does that tell you in regard to the location of the phone in reference to that degree of accuracy?

318 1:08:47

MR. GUARINO: So it plots a point where it believes you are, and then the degree of accuracy says you could be in this bubble, but if it's way outside or way far away, it's all going to show by how well the signal strength is to the satellite. So like I said, if it's a poor signal, it's going to blow out. It's going to show you could be in this giant circle. But as it gets better, actually, it's going to shrink back down. It's going to say, nope, you're right about here.

319 1:09:12

MR. LALLY: And to that point or to elucidate that point that you were just speaking on - we'll get to this more in depth in a second - but at some point in 2023, did you go to 34 Fairview Road to conduct some GPS mapping?

320 1:09:26

MR. GUARINO: Yes, I did.

321 1:09:26

MR. LALLY: And when you were in that area of 34 Fairview Road, what, if anything, did you observe, with reference to satellite connection, cell phone connection, things of that nature, as far as the strength of the signal?

322 1:09:39

MR. GUARINO: So on my way to work, I actually drive Fairview quite often, and being there in person with my phone, I'll go from four or five bars of service where I'm there, it's one or two. So that tells me that strength of signal there is not great.

323 1:09:54

MR. LALLY: Now, turning back to this location data from Mr. O'Keefe's phone, you mentioned that it's -- you testified that at 12:25:36 a.m., it has a certain accuracy and was traveling at certain speed, correct?

324 1:10:06

325 1:10:06

MR. LALLY: Now what if any speed is recorded in this location data between that 12:25 a.m. and 6:15:36 a.m.?

326 1:10:15

MR. GUARINO: Your Honor, may I just --

327 1:10:26

328 1:10:28

MR. GUARINO: Thank you.

329 1:10:28

MR. GUARINO: What time frame exactly are you looking for?

330 1:10:31

MR. LALLY: What I'm asking is, what if any speed was recorded by the location data between that first 12:25:36 a.m. and 6:15:36 a.m.

331 1:10:39

MR. GUARINO: Oh, I'm sorry. I thought you're asking for before that. There's no real speed registered until the phone is found the next morning.

332 1:10:46

MR. LALLY: And so that would be at the 6:15:36 a.m. time frame; is that correct?

333 1:10:50

MR. GUARINO: Yes, that's correct.

334 1:10:51

MR. LALLY: And what speed is recorded at that time at 6:15:36 in the morning?

335 1:10:57

MR. GUARINO: It shows .24 per second for speed and then with an accuracy rating of 7.58 meters, which is 24 feet.

336 1:11:15

MR. LALLY: Now, sir, if I could turn your attention to May 8, 2023. Where did you go with relation to this investigation on that day?

337 1:11:23

MR. GUARINO: I went to 34 Fairview.

338 1:11:25

MR. LALLY: And who, if anyone, went with you?

339 1:11:27

MR. GUARINO: Trooper Proctor.

340 1:11:29

MR. LALLY: Now, what was the purpose of going to 34 Fairview Road on that day of May 8th of 2023?

341 1:11:36

MR. GUARINO: We wanted to take measurements of where Officer O'Keefe's body was found, and then basically a diagonal, straight line to the door, how the distance that would be.

342 1:11:47

MR. LALLY: And what if any tools did you bring with you, and what, if anything, did you use in the course of this analysis on this day?

343 1:11:54

MR. GUARINO: So I loaded in the GPS points into a program that the SERT team uses called SARTopo. It's a GPS mapping program that you can view through an app. So that way, I was able to see exactly where I was via the app. We also used one of the big, long tape measures that's in, like, the big thing that would get us, you know, from where we believed his body was to the front door.

344 1:12:19

MR. LALLY: And from that as far as the determination of where Mr. O'Keefe's body was located, what, if anything, did you use to determine that?

345 1:12:26

MR. GUARINO: As I said before, the photos and video from Sergeant Goode of Canton P.D. and the Canton P.D. cruiser cam video.

346 1:12:34

MR. LALLY: So the cruiser cam video that from -- Officer Saraf's cruiser; is that correct?

347 1:12:38

MR. GUARINO: Yes, that's correct.

348 1:12:38

MR. LALLY: And the one that shows where Mr. O'Keefe's body is when Officer Saraf arrives on scene, correct?

349 1:12:43

MR. GUARINO: That is correct.

350 1:12:45

MR. LALLY: Now, with regard to those particular GPS points, what time frame did you start as far as your mapping was concerned?

351 1:12:53

MR. GUARINO: We took the last -- well, we mapped the entire route. So at the Waterfall Bar and then on from their drive on Dedham Street down to 34 Fairview.

352 1:13:05

MR. LALLY: And as far as these locations, how were they measured as far as what kind of measurements were you using in order to plot those points?

353 1:13:13

MR. GUARINO: We loaded into Google Maps and just able to show it with the KMZ file to show exactly where he went.

354 1:13:23

MR. LALLY: So what I'm asking you is as far as the GPS locations that you were recording, how were those measured as far as longitude/latitude, is that how they were measured?

355 1:13:31

MR. GUARINO: Yes, I'm sorry. Yeah, latitude and longitude.

356 1:13:34

MR. LALLY: And you started with Mr. O'Keefe at the Waterfall Bar in Canton. What time was that, if you know?

357 1:13:41

MR. GUARINO: 12:12 a.m. was the last point.

358 1:13:45

MR. LALLY: And then that time frame when Mr. O'Keefe's native locations are putting him in the area of 34 Fairview Road, when was that first time frame?

359 1:13:54

MR. GUARINO: The time he arrives?

360 1:13:55

MR. LALLY: Yes.

361 1:13:56

MR. GUARINO: About 12:24, I forget the seconds, but 12:24 a.m.

362 1:14:01

MR. LALLY: Now, eventually, when you had all of these points, as far as the direction of travel, location data, all of those things, what, if anything, were you then able to do with those GPS locations?

363 1:14:12

MR. GUARINO: I cross-referenced them with his health data, and also mapped it out to see exactly where he would be.

364 1:14:29

MR. LALLY: Now, with respect to the data that you were able to recover, if you could describe to the jury sort of the path of travel, starting with the Waterfall, as far as where Mr. O'Keefe's phone was, where it traveled and then where you noted it at various time points along that sequence.

365 1:14:45

MR. GUARINO: Okay. So as I said at 12:12, it's at the Waterfall Bar. Then there's a seven minute break in location data. When the phone comes back up with location data at 12:19, as I said, he's by Dedham Street and Cedarcrest Road. At 138 Dedham Street, right around there, 12:20 a.m., 34 Fairview is put into Waze. He then proceeds down Dedham Street, takes a left onto Oakdale Road, goes to the end of Oakdale, takes a left onto Maplecroft. As he's going by Maplecroft and Pine Cone Road, right around 12:22 and 14 seconds was a data point listed that he's ascending/descending the stairs. So he's over a half mile away from 34 Fairview at this point. They go down Maplecroft, take a right onto Cedarcrest, all the way down Cedarcrest. They do not turn on to Fairview Road. It goes by Fairview, does a three-point turn, or turns around somehow, and then goes back to Fairview and takes a right where it finally stops between 34 and 32 Fairview.

366 1:15:56

MR. LALLY: So at the time that that that health data is being recorded, again, you cross-reference the GPS data with the health data from Mr. O'Keefe phone, correct?

367 1:16:06

MR. GUARINO: Yes, that's correct.

368 1:16:07

MR. LALLY: And so at the time that the phone has that recording and health data descending -- and is it ascending or descending, or how does that read in the health data?

369 1:16:19

MR. GUARINO: I have in my report and it's copied from the thing, it's ascending/descending stairs.

370 1:16:25

MR. LALLY: And at that point in time, cross-referencing that health data with the GPS location where, physically, is Mr. O'Keefe's phone at that particular time frame?

371 1:16:34

MR. GUARINO: Maple Croft by Pine Cone Road, right at that intersection.

372 1:16:37

MR. LALLY: And has Mr. O'Keefe phone arrived or been in the area as far as the GPS specifically at 34 Fairview Road?

373 1:16:45

MR. GUARINO: At that time?

374 1:16:46

MR. LALLY: Yes.

375 1:16:47

MR. GUARINO: No, not at all.

376 1:16:48

MR. LALLY: And so from GPS locations that you observed that of the defendant's phone initially, the phone passes by Fairview Road and then reverses direction to come back, correct?

377 1:16:57

MR. GUARINO: Yes, that's correct.

378 1:17:04

MR. LALLY: And then as far as between 12:25 a.m. and 6:15 a.m., there's no movement of that phone, correct?

379 1:17:10

MR. YANNETTI: Objection.

380 1:17:11

JUDGE CANNONE: To the form, it's sustained.

381 1:17:13

MR. LALLY: What if any movement did you observe following 12:25 a.m. until the period of 6:15 a.m.?

382 1:17:20

MR. GUARINO: None until it was found at 6:15.

383 1:17:23

MR. LALLY: Now, you mentioned that you took a tool and you did some measurements as well; is that correct?

384 1:17:28

385 1:17:28

MR. LALLY: And were you able to ascertain then some GPS locations for where Mr. O'Keefe body was found?

386 1:17:35

387 1:17:36

MR. LALLY: And what if any measurements, excuse me -- the accuracy of those GPS measurements in latitude and longitude, what was the accuracy of that?

388 1:17:46

MR. GUARINO: So may I read the exact thing? So from 12:25 and 30 seconds to about 12:35 and 36 seconds, the GPS accuracy is tight on them for the first few seconds, and then blows out encompasses pretty much the neighborhood 34 Fairview, 32, 31, and I'll read the exact. It's at 12:25 and 30 seconds. It has a 33 meter degree of accuracy, which is about 100 feet. That area encompasses 32, 34, and 31 Fairview. 12:25:31 is 200 foot measure of accuracy that hits 31, 32, 34 Fairview, basically all the houses around. At 32 seconds, it shrinks back down to 95 foot level of accuracy pinning 32, 34 Fairview and the front yard of 31. At 33 seconds, it's 88 feet again, shrinking back in as the signal gets better covering 32, 34 Fairview. 72 feet at 34 seconds. 59 feet at 35 seconds. And then 52 feet at 36 seconds. So as I said, signal weakens, it blows out. And then as signal gets stronger, it shrinks back in. The GPS coordinates themselves are all still right where Mr. OKeefe's body was found.

389 1:19:19

MR. LALLY: And so as far as, Trooper, if I can take you back just for a second, the initial GPS coordinates that you marked as far as where Mr. O'Keefe's body was found, how accurate was that measurement as far as to itself where it was?

390 1:19:33

MR. GUARINO: From what we had and then where we marked from, we believe we were in about 3 feet, because standing there, even with the app, it's not perfect. I'm not getting a direct saying that I'm right on it. So we believe we're within about 3 feet of exactly where he was found.

391 1:19:49

MR. LALLY: And from that area distance of within 3 feet of where Mr. O'Keefe's body was found, how far was that, or how far did you measure that to be from the front door of 34 Fairview Road?

392 1:19:59

MR. GUARINO: In a direct straight line to the front door, 72 feet. Not accounting the stairs.

393 1:20:12

MR. LALLY: Now, from your review of that data that you were talking about from that 12:35 -- 12:35 and 30 -- excuse me, 12:25 and 30 seconds through 12:25:36 seconds, when it fluctuates, what time period of that is -- what time period of any of the times that you observed is it possible that John O'Keefe was actually anywhere near 34th Fairview Road, the house?

394 1:20:39

MR. YANNETTI: Objection.

395 1:20:40

JUDGE CANNONE: Ask it differently, Mr. Lally.

396 1:20:44

MR. LALLY: Sure.

397 1:20:45

MR. LALLY: Within those fluctuating circles of GPS data that you were talking about, what time period did those encompass the actual inside of the residence of 34 Fairview Road?

398 1:20:58

MR. GUARINO: It's about three seconds where it actually counts as the inside of Fairview. That fourth second, it's right on the edge of the corner of the house. And then the fifth and sixth second, they're -- it's just showing the front yard.

399 1:21:12

MR. LALLY: In that time period as far as -- that time period as far as those GPS data from those circles, with reference to the following time periods after those, what if any -- based on your training and experience, what if any opinions were able to draw from sort of that data?

400 1:21:38

MR. GUARINO: So he would have to go from the GPS point that's listed, it would take him, you know, a second and a half to get to the house, and then a second half back where his body was found, where his phone was underneath him. That would -- he'd have to go about 48 feet a second when I did a velocity calculation which is about 32 miles an hour a second to the house, a second back. There's no -- there was no GPS points ever showing inside the home, the backyard of the home. There's no lat and long listed. It's just the degree of accuracy from the GPS signal.

401 1:22:11

MR. LALLY: So 72 feet from where Mr. O'Keefe's body was found to the front door of 34 Fairview Road, in order for him to be inside of 34 Fairview Road during any of those measured time frames, he would have to travel --

402 1:22:23

MR. YANNETTI: Objection.

403 1:22:23

MR. LALLY: -- 72 feet and one and a half --

404 1:22:25

JUDGE CANNONE: The objection's sustained. The objection is sustained.

405 1:22:40

MR. LALLY: Sir, again, if I could ask you the -- from the Mr. O'Keefe's health data as far as his specific physical location at the time that it indicates ascending and descending, how far away from 34 Fairview Road was it when it registered that?

406 1:22:55

MR. GUARINO: Over a half mile away. So Maplecroft to Pine Cone Road.

407 1:23:01

MR. LALLY: In your opinion, sir, at any point in time from the data that you reviewed did Mr. O'Keefe enter 34 Fairview Road?

408 1:23:34

MR. YANNETTI: Objection.

409 1:23:36

JUDGE CANNONE: I'll sustain the objection.

410 1:23:42

MR. LALLY: May I approach, Your Honor?

411 1:23:43

412 1:23:43

MR. LALLY: I'm showing you a series of documents. View those and look up when you're finished.

413 1:23:52

MR. GUARINO: (Witness complies.) Okay.

414 1:23:53

MR. LALLY: Do you recognize those, sir?

415 1:23:54

416 1:23:55

MR. LALLY: And what do you recognize those to be?

417 1:23:56

MR. GUARINO: These are the plotted points I did through Google Earth, the maps and then the through LexisNexis, the track system, the GPS range and coordinates.

418 1:24:11

MR. LALLY: And the LexisNexis track system, if you could explain just a bit to the jury as far as what that is and how it's used to create these documents before you.

419 1:24:19

MR. GUARINO: It's similar to that SARTopo program I used. It's a desktop based GPS program. You put the points in, and then it will map them out and create, like I said, a KMZ file for you so you can load into Google Earth.

420 1:24:35

MR. LALLY: May I approach, Your Honor?

421 1:24:37

422 1:24:38

MR. LALLY: Commonwealth would seek to introduce this as the next exhibit.

423 1:24:43

424 1:24:43

MR. YANNETTI: No objection.

425

(Whereupon Exhibit No. 638, Overview of Plotted Points from Axiom, was marked as an exhibit.)

426 1:24:45

MR. LALLY: May I return to the witness, Your Honor?

427 1:24:51

428 1:24:52

MR. LALLY: With the Court's permission, may I publish this to the jury?

429 1:25:01

430 1:25:02

MR. LALLY: Ms. Gilman, if you could take that down. May I have one moment, Your Honor?

431 1:25:11

432 1:25:12

MR. GUARINO: Can I stand up?

433 1:25:19

JUDGE CANNONE: Of course you can. In fact, Trooper, if you're more comfortable standing for some of your testimony, you certainly can.

434 1:25:26

MR. GUARINO: Thank you, Your Honor.

435 1:25:28

MR. LALLY: Ms. Gilman, if you could enlarge that just a bit. Thank you.

436 1:25:35

MR. LALLY: Now, Trooper, there should be a laser pointer up on the stand before you. If you could, first of all, let me just ask, do you recognize what's up on the screen now as the next exhibit?

437 1:25:45

438 1:25:46

MR. LALLY: And again, if you could explain to the jury, sir, what we're looking at in this slide, and then using that laser pointer, if you could, direct the jury's attention to what if anything of significance you have in this particular file?

439 1:25:58

MR. GUARINO: So I took an overview of the town of Canton. So this here is the GPS route, and then down over -- I can barely see. Let me just look on the map here. It's not much better. The Waterfall Bar is right -- I can't really tell honestly from this, but it's on Washington Street. It's down here. I'm sorry. That's why I included an overview of everything, so you could see the full range from the time period with that GPS locations.

440 1:26:31

MR. LALLY: Your Honor, if I may would it be possible --

441 1:26:34

JUDGE CANNONE: Keep your voice up.

442 1:26:35

MR. LALLY: I'm sorry. I don't know if this is going to work any better, but if I could ask if we could turn the lights back on just so the witness can see what's before him.

443 1:26:47

JUDGE CANNONE: Sure.

444 1:26:47

MR. LALLY: With the Court's permission, I think the map is still viewable to the jury, and now the witness can actually see the exhibit.

445 1:26:52

JUDGE CANNONE: Can everybody see it?

446 1:26:54

MR. LALLY: And so again, sir, Trooper, I'm sorry. Now with visible before you, could just indicate, again, what we're looking at in this?

447 1:27:02

MR. GUARINO: Yep, so when you zoomed in it actually closed it up. But it's down over here's the Waterfall Bar. There's a couple of points there listed. And then right around here is when the GPS tracks go and their route once Waze is activated down to 34 Fairview. There is a zoomed in version of by Fairview.

448 1:27:22

MR. LALLY: And, Ms. Gilman, if I could have the next slide. A So --

449 1:27:30

MR. LALLY: Trooper, what are we looking at in this slide?

450 1:27:36

MR. GUARINO: Yeah. So this is the track. This one shows the 12:22 -- yeah, 12:22 and 14 second GPS point where the -- right here, where the little arrow is, that's exactly where they were when the phone is registering the ascending/descending stairs like listed in Cellebrite.

451 1:27:58

MR. LALLY: And if you could using that laser pointer illustrate to the jury where that point is in relation to where 34 Fairview Road is?

452 1:28:03

MR. GUARINO: Yes. So this is where they were with the ascending/descending stairs. They would go continue down through this little piece here, take the right onto Cedarcrest. They'd continue down Cedarcrest, missing Fairview right here, and then turn back around and then come to the house.

453 1:28:24

MR. LALLY: And, Ms. Gilman, if I could have the next slide.

454 1:28:32

MR. LALLY: And, Trooper, what are we looking at in this slide? Specifically, if you could explain to the jury as far as the blue circle --

455 1:28:38

COURT REPORTER: If you could look this way, please.

456 1:28:39

MR. LALLY: -- attached to the LexisNexis tracks, if you explain to jury what that is and what that signifies?

457 1:28:48

MR. GUARINO: Yes. So as I said, we loaded this in through LexisNexis, and it gave us the GPS points for -- for the route. The point is 348. I just want to double check. Yeah, point 348 is at 12:25 and 30 seconds. The blue circle is the estimated range. So how well the signal for the GPS is, and 34 Fairview is right pretty much by that L.

458 1:29:17

MR. LALLY: Ms. Gilman, if I could have the next slide. A Yep. Here we go.

459 1:29:25

MR. LALLY: Trooper, is this essentially the same image, a little bit closer without the graphic as far as the LexisNexis?

460 1:29:31

MR. GUARINO: That's correct. If this is 34 Fairview right here, 32 and then again, this is where all the points are for the duration.

461 1:29:39

MR. LALLY: As far as the blue circle that's up on the screen, what does that represent as far as this particular point in time for this GPS point 348 at 12:25 and 30 seconds?

462 1:29:49

MR. GUARINO: Yes, this is the, as I said before, the range of accuracy due to satellite strength. So as I said, it blows out as it loses strength, and then will come back in as it gets better signal.

463 1:30:04

MR. LALLY: Ms. Gilman, if I could have the next slide.

464 1:30:12

MR. LALLY: Again, Trooper, what's up on the screen? What are we looking at this as far as 12:25, 31.

465 1:30:19

MR. GUARINO: Same area where 348 is. This is part 351. Again, as you can see, strength of signal blows out and encompasses almost the whole neighborhood or all the houses around.

466 1:30:32

MR. LALLY: And, Ms. Gilman, if I could have the next slide.

467 1:30:37

MR. LALLY: And, again, sir, is this the same GPS point of 351 -- numbered 351 at 12:25 and 31 seconds?

468 1:30:44

MR. GUARINO: Yes, it is.

469 1:30:45

MR. LALLY: And if you could again, just explain to the jury what we're looking at in this slide?

470 1:30:49

MR. GUARINO: Same thing. Just the degree of accuracy and the strength of the satellite signal to Officer Keefe's phone.

471 1:30:58

MR. LALLY: Ms. Gilman, if I could have the next slide.

472 1:31:03

MR. LALLY: And again, sir, if you could explain to the jury what we're looking at in this slide of what time frame we're talking about?

473 1:31:08

MR. GUARINO: Yep, this is point 349 at 32 seconds again, latitude and longitude, they're all right in the same area, and that's that.

474 1:31:17

MR. LALLY: Ms. Gilman, if I could have the next slide.

475 1:31:19

MR. LALLY: Again, Trooper Guarino, is this the same GPS plotting and the same time frame of 12:25:32 seconds?

476 1:31:31

MR. GUARINO: Yes, it is.

477 1:31:32

MR. LALLY: And again, if you could explain to the jury what we're looking at in this, and in particular in relation to the earlier slides, with reference to the accuracy that you were talking about.

478 1:31:41

MR. GUARINO: Yep. So again, the accuracy blew out as a lost signal, and now it's now shrinking back in as accuracy gets better.

479 1:31:51

MR. LALLY: Ms. Gilman, if I could have next slide.

480 1:31:52

MR. LALLY: And, sir, what GPS point or what time frame are we looking at in this particular spot?

481 1:32:00

MR. GUARINO: This is 12:25 and 33 seconds. Again, same area lat/long right in the yard of 34 Fairview.

482 1:32:09

MR. LALLY: Ms. Gilman, if I could have the next slide.

483 1:32:16

MR. LALLY: And, Trooper Guarino, is the same GPS point of number 348 and 12:25 and 33 seconds?

484 1:32:21

MR. GUARINO: That's correct.

485 1:32:22

MR. LALLY: And if you could explain to the jury as far as the accuracy and what we're looking at in this?

486 1:32:27

MR. GUARINO: Yep. So the -- I believe there actually wasn't that much of a drop off, yeah. So it went from 88 feet to 72 feet. So the circle still doesn't look like it really shrank much.

487 1:32:39

MR. LALLY: Ms. Gilman, if I could have the next slide, please.

488 1:32:50

MR. LALLY: And again, Trooper, what time frame and what GPS point are we looking at in this one?

489 1:32:54

MR. GUARINO: This is 12:25 and 34 seconds. Again, same thing right there, the corner of 34 Fairview and 32 Fairview.

490 1:33:02

MR. LALLY: Ms. Gilman, if I could have the next slide, please.

491 1:33:04

MR. LALLY: Trooper Guarino, this is the same GPS point number 350, 12:25 and 34 seconds; is that correct?

492 1:33:13

MR. GUARINO: That's correct.

493 1:33:14

MR. LALLY: And again, using, if you could, using that laser pointer, direct the jurors' attention to what we're looking at in this one?

494 1:33:20

MR. GUARINO: Yeah, so 34 Fairview is here. So as I said, this point here is the last one where it sort of cuts out the little corner of the house, but everything's still showing directly. This is where it's believed to be.

495 1:33:31

MR. LALLY: Ms. Gilman, if I could have the next slide.

496 1:33:36

MR. LALLY: And what GPS point and what time are we looking at it in this one, sir?

497 1:33:40

MR. GUARINO: This one is 35 seconds, 12:25:35 seconds. Same thing. Again, GPS points still saying it's right there where his body was. But again, it dropped from 72 feet of back street down to 59 feet. So it's going to show the outside only of the house.

498 1:33:57

MR. LALLY: So the signal strength is strengthening at that point; is that correct?

499 1:34:00

MR. GUARINO: That is correct.

500 1:34:01

MR. LALLY: And if I could have the next slide, Ms. Gilman.

501 1:34:08

MR. LALLY: And again, sir, same GPS point in number 346, the same time at 12:25:35; is that correct?

502 1:34:13

MR. GUARINO: That's correct.

503 1:34:14

MR. LALLY: Ms. Gilman, if I could have the next slide.

504 1:34:22

MR. LALLY: Trooper Guarino, with regard to this slide, what GPS points are depicted and what time frame are we looking at?

505 1:34:27

MR. GUARINO: This is GPS point number 345 and it's 12:25 and 36 seconds. Again, showing that signal strength has, again, grown and gotten better.

506 1:34:38

MR. LALLY: And as far as growing and gotten better, what accuracy or what degree of accuracy in feet, are we looking at in this?

507 1:34:44

MR. GUARINO: This is within 52 feet.

508 1:34:46

MR. LALLY: And, Ms. Gilman, lastly, from this group, the next slide.

509 1:34:54

MR. LALLY: And, again, sir, this is the same as the previous slide GPS point number 345, 12:25 and 36, seconds?

510 1:35:01

MR. GUARINO: That's correct.

511 1:35:01

MR. LALLY: And again, if you could using the laser pointer, just illustrate to the jury what we're looking at?

512 1:35:05

MR. GUARINO: Yep. As I said, there's no -- any plotted points anywhere other than right in this area (indicating) for the rest of the night. This is where it stays. And there's varying degrees of accuracy, but it's -- there's nothing ever showing it anywhere else in that neighborhood.

513 1:35:47

MR. LALLY: May I approach, Your Honor?

514 1:35:51

515 1:35:52

MR. LALLY: Do you have that last document?

516 1:35:57

MR. GUARINO: I just gave it back.

517 1:35:58

MR. LALLY: Perfect. If you could take a look at that and look up when you're finished. Do you recognize that, sir?

518 1:36:07

MR. GUARINO: Yes. This a second map I created with the Cellebrite locations from their native locations. The previous one was from Axiom. So I used both programs to map it.

519 1:36:17

MR. LALLY: Why did you use both programs, sir?

520 1:36:20

MR. GUARINO: As I said, Axiom showed movement and degree of accuracy where Cellebrite doesn't. It just gives you the native locations. I used two programs so I can corroborate what I'm seeing in one is the same as the other because if not, then I need to find out why.

521 1:36:41

MR. LALLY: And as far as the information from one program to the other program, were they corroborative of each other?

522 1:36:47

523 1:36:48

MR. LALLY: May I approach, Your Honor?

524 1:36:49

525 1:36:50

MR. LALLY: Commonwealth would seek to introduce and admit as the next exhibit.

526 1:36:57

MR. YANNETTI: No objection.

527 1:36:58

COURT REPORTER: As one?

528 1:37:00

MR. LALLY: Yes.

529

(Whereupon Exhibit No. 639, Map of Plotted Points from Cellebrite, was marked as an exhibit.)

530 1:37:00

MR. LALLY: May I return it to the witness, Your Honor?

531 1:37:06

532 1:37:11

MR. LALLY: And with the Court's permission, may I publish it to the jury?

533 1:37:14

JUDGE CANNONE: Yes. With the lights on still?

534 1:37:16

MR. LALLY: I think so.

535 1:37:17

536 1:37:18

MR. LALLY: Thank you, Your Honor.

537 1:37:22

MR. LALLY: Trooper Guarino, starting with the first page that you have before you -- first of all, do you recognize what's up on the screen as the first page of that next exhibit?

538 1:37:30

MR. GUARINO: Yes, sir.

539 1:37:31

MR. LALLY: And again, if you could using the base pointer you have before you direct the jury's attention to what, if anything, of significance you observe in this first page of this next exhibit?

540 1:37:41

MR. GUARINO: Yes, so I again, this is from the Waze app. They're tracked from 34 to 34 Fairview down Cedarcrest again, returning back here. So that's just the bottom half. I just wanted to get a closer view of where the GPS plots were from Cellebrite.

541 1:37:58

MR. LALLY: And the next slide, Ms. Gilman.

542 1:38:01

MR. LALLY: And again, sir, if you could explain to the jury what we're looking at in this one.

543 1:38:10

MR. GUARINO: So the purple dots are the GPS points, and the route taken. As I said, it goes up to I believe that's 51 Fairview -- excuse me -- Cedarcrest, and then reverses back. And then this is the final point is right here. 34 Fairview is right here. There's a little yellow pushpin on it.

544 1:38:32

MR. LALLY: And again, sir, I'm sorry, just from the timing of the plotting of the points or the plots that you have there, if you could just using the laser pointer, direct the jury's attention to the path that Mr. O'Keefe's phone takes in reference -- if I ask could you first if you could just illustrate to the jury in this particular slide, where is 34 Fairview?

545 1:38:52

MR. GUARINO: Right here.

546 1:38:53

MR. LALLY: And then if I could ask you with the laser pointer, to direct the jury's attention to the path of Mr. O'Keefe's phone in sequence or how it travels and arrives at that location.

547 1:39:03

MR. GUARINO: Yep, as I shown, goes down Cedarcrest, misses Fairview, goes up to here by the house with the pool, turns around, comes back, takes a right onto Fairview, and then stops ultimately right in between 34 and 32 Fairview where the -- I think there's like a flagpole and a fire hydrant right there.

548 1:39:23

MR. LALLY: Ms. Gilman, if I could have the next slide.

549 1:39:29

MR. LALLY: And, Trooper Guarino, directing your attention to this slide, what are we looking at?

550 1:39:36

MR. GUARINO: Again, I cross-referenced it with the points. This is Maple -- excuse me -- Pine Cone Road and then Maplecroft intersects here. And this is the ascending/descending stairs point in his phone. Doing a Google Earth elevation check, there's about a 20 degree dip, and then it goes up, and then, as you go down, Cedarcrest the hill is about 50 foot elevation change again. So it's pretty significant.

551 1:40:03

MR. LALLY: And so I'm sorry, sir, as far as the elevation change that you're talking about, how is that measured, and how -- and where is that, in reference to what's depicted up here?

552 1:40:14

MR. GUARINO: So again, like I said, in this area here, it was about a 20 foot drop. And then as you go down Cedarcrest that hill, it's about 50 feet. This spot here is the ascending/descending stairs. So as I said before, he doesn't have an iWatch on so it's not collecting that great health data. It's still acting as a pedometer. So again, whatever movements he's doing is triggering something in the phone as he's ascending and descending these hills. Essentially, it could be tricking the phone into thinking it's stairs.

553 1:40:44

MR. LALLY: Ms. Gilman, if I could have the next slide.

554 1:40:49

MR. LALLY: And, Trooper Guarino, what are we looking at in this one?

555 1:40:56

MR. GUARINO: This time stamp is 12:19:32 seconds. That's when the phone initially starts creating the GPS points before Waze is activated with 34 Fairview searched. So this looks to be the time Waze is actually opened up.

556 1:41:11

MR. LALLY: And so from the purple dots that are depicted on the screen as far as where is Mr. O'Keefe's phone at 12:19 a.m. in reference to 34 Fairview Road?

557 1:41:22

MR. GUARINO: 12:19 is right here, 34 Fairview is down all the way here number -- we can't really see, but it's right in the bottom corner.

558 1:41:29

MR. LALLY: And the next slide, Ms. Gilman. A This is the same map, it's just minus the tracks -- the tracks graphics.

559 1:41:45

MR. LALLY: And I'm sorry, Trooper, I lost track of what page we're on. Are there any other pages in that exhibit before you?

560 1:41:51

MR. GUARINO: No, that's the last one.

561 1:41:54

MR. LALLY: May I approach just to retrieve, Your Honor?

562 1:41:59

563 1:42:01

MR. LALLY: And, Your Honor, may we approach?

564 1:42:03