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Day 3 - May 2, 2024

Judge Beverly J. Cannone · Trial 1 · 11 proceedings · 1,569 lines

Day 3 of 35
Appearing:

Four Canton Fire first responders testify about the response, O'Keefe's condition, and statements attributed to Read, while cross-examination probes documentation and differences among their accounts.

Full day summary

Day 3 centers on competing first responder accounts of what Karen Read said at 34 Fairview Road on January 29, 2022. Paramedic Anthony Flematti and firefighter-paramedic Katie McLaughlin both testify that Read repeatedly said 'I hit him' when asked about trauma, supporting the Commonwealth's admission evidence. On cross-examination, Flematti acknowledged the statement was not in his paramedic report; on redirect, he testified that he had reported it in a trooper interview and grand-jury testimony. Firefighter Matthew Kelly testified that he heard 'He's dead, he's dead' and did not hear 'I hit him.' When questioned about his prior account, Kelly did not independently recall what he told a trooper and then agreed he did not recall changing the woman's words. Lt. Frank Walsh adds independent documentation of O'Keefe's injuries and the missing right shoe, and confirms he relayed trauma signs to Sergeant Goode on scene. The day closes with McLaughlin's direct examination still in progress.

  • Flematti testifies Karen Read repeatedly said 'I hit him' during his arrival, positioning the statement as a spontaneous admission at the scene.
  • Jackson's cross-examination establishes that Flematti's paramedic report did not record his claim that Read said 'I hit him'; on redirect, Flematti testified that he had reported the statement in a trooper interview and grand-jury testimony.
  • Kelly testifies that he heard 'He's dead, he's dead' and did not hear 'I hit him.' Asked about what he told a trooper, he did not independently recall and then agreed he did not recall changing the woman's words.
  • Walsh independently documents O'Keefe's facial hematoma, nasal bleeding, arm lacerations, and missing right shoe, and relays trauma observations to police on scene.
  • McLaughlin testifies that, after a medical trauma inquiry, Read said 'I hit him' repeatedly; she described a nearby woman and police officer as present during the exchange.
Alan Jackson
“Can you point to that portion of your report where you indicate that my client said the words 'I hit him'?”
Jackson used Flematti's report to challenge the omission of Read's alleged statement; Flematti agreed that the report did not contain it.
Matthew Kelly
“Correct.”
Kelly testified that he did not hear 'I hit him'; his account differed from Flematti's without establishing what others at the scene heard.
Katie McLaughlin
“So she said, "I hit him." She repeated it. There was a woman standing across from her who I believe at that point said, "You're hysterical, you need to calm down." She repeated, "I hit him." And there was a police officer who was in that vicinity, kind of with us, who replied, "You what?" She repeated it one more time, and that officer then signaled to somebody, "Get Goode down here," which I'm assuming would be the sergeant.”
McLaughlin testified that Read repeated the statement in response to her trauma question while a woman and police officer were nearby; their presence does not independently corroborate the words.
Video thumbnail for Day 3 — Flematti, Kelly, Walsh, McLaughlin 4h 17m
Watch this day Day 3 — Flematti, Kelly, Walsh, McLaughlin Watch with synced transcript →

Anthony Flematti — Direct

After jury instructions on evaluating evidence, Anthony Flematti resumes direct testimony about O'Keefe's condition in the snow, emergency treatment, Read's repeated "I hit him" statement, and the victim's injuries and hypothermia.

Direct
Anthony Flematti Adam Lally
263 lines

ADA Adam Lally continues his direct examination of Canton Fire Department paramedic Anthony Flematti, picking up from the prior day's testimony. Flematti describes arriving at 34 Fairview Road and finding John O'Keefe supine approximately 10 feet from the roadway, covered in four to six inches of snow up to his mid-rib cage. He details his viability assessment — finding movable limbs, no rigor or lividity — and the extensive resuscitation efforts including CPR, intubation, six rounds of epinephrine administered via IO lines drilled into both tibias, mechanical CPR, and airway suctioning that yielded approximately 200 mL of blood. Flematti testifies that Karen Read, the most visibly distressed person on scene, repeatedly told him "I hit him, I hit him, oh my God, I hit him" and could provide no other information. He describes O'Keefe's injuries observed in the ambulance — swollen bleeding eyes, a forehead contusion, dried blood lacerations on his right upper arm, abdominal distension, and signs of severe hypothermia with a core temperature of 80 degrees at the hospital. O'Keefe was transported to Good Samaritan Medical Center, arriving at 6:45 AM in asystole with no change in status during transport.

+1 procedural segment

Anthony Flematti — Cross/Redirect/Recross

Jackson challenges paramedic Flematti's account of Read's "I hit him" statement and hospital communication; redirect addresses reporting and clinical reasoning, while recross presses lack of recall and uncertainty about hospital records.

Cross
Anthony Flematti Alan Jackson
419 lines

Defense attorney Alan Jackson cross-examines Canton Fire paramedic Anthony Flematti on two main fronts. First, Jackson walks through dashcam video footage from the scene, establishing that Flematti was performing chest compressions and entered the ambulance with the patient — making it difficult to pinpoint when the alleged face-to-face conversation with Karen Read occurred. Flematti acknowledges he cannot identify himself or others in the video and concedes the conversation lasted "a minute at most" before he handed Read off to Firefighter McLaughlin. Second, Jackson confronts Flematti with the absence of any documentation of Read's "I hit him" statement in his paramedic report narrative. Flematti also testifies at trial that he told hospital staff the patient may have been hit by a vehicle; when asked, he says he had not previously given that account to police or the grand jury.

Redirect
Anthony Flematti Adam Lally
31 lines

ADA Adam Lally conducts a brief redirect of paramedic Anthony Flematti to address points raised during cross-examination. Lally establishes that Flematti's conversation with Karen Read occurred while walking toward O'Keefe's body, separate from Firefighter McLaughlin's later conversation with Read. Lally confirms that Flematti consistently reported Read's "I hit him" statement in both his trooper interview and grand jury testimony. On the question of what Flematti told hospital staff — challenged on cross as undocumented — Lally elicits Flematti's clinical reasoning: the proximity of the body to the roadway, Read's statement, and O'Keefe being underdressed in a blizzard led him to relay a possible motor vehicle strike to the hospital. Lally also addresses the dashcam video shown during cross, establishing that Flematti had never seen the videos before and could not verify their timestamps or synchronization.

Recross
Anthony Flematti Alan Jackson
30 lines

Alan Jackson conducts a brief recross of paramedic Anthony Flematti on two points raised during redirect. First, Jackson asks whether the same person appeared to perform chest compressions continuously throughout the dashcam video, but Flematti says he cannot distinguish personnel in identical yellow coats. The prosecution's objection to a follow-up is sustained. Second, Jackson presses Flematti on whether he suggested that Read hit O'Keefe with a car during their conversation; Flematti says he does not recall whether he asked specifically about that. Flematti says he left multiple possibilities open when speaking with hospital staff. Asked whether staff would have documented that communication, he says they did not have to; asked whether the records contained it, he says he is not aware.

Matthew Kelly — Direct/Cross

Kelly describes O'Keefe's condition and injuries on arrival. Cross-examination probes clothing handling and an unidentified woman's words: Kelly did not hear "I hit him," but qualified his recollection of what he told a state trooper.

Direct
Matthew Kelly Adam Lally
207 lines

Firefighter-paramedic Matthew Kelly of Canton Fire testifies about responding to a dispatch for an unresponsive male on Fairview Road on the morning of January 29, 2022. Kelly drove Ambulance One with paramedics Flematti and Nuttall, arriving to find O'Keefe lying on his back approximately five feet from the road near a fire hydrant. O'Keefe had no pulse and was cold, stiff, and 'almost frozen-like.' After initiating CPR on scene, the crew moved O'Keefe into the ambulance where better lighting revealed a swollen black-and-blue right eye, blood around his mouth, and lacerations on his right upper extremity. Kelly also observed two women at the scene, one with red substance around her mouth who was acting erratically and repeatedly screaming 'He's dead, he's dead.' O'Keefe was transported to Good Samaritan Hospital with no change in condition.

Cross
Matthew Kelly David Yannetti
227 lines

Defense attorney David Yannetti cross-examines firefighter Matthew Kelly on three main areas. First, Yannetti questions the handling of John O'Keefe's clothing. Kelly recalls trauma shears being used but does not recall who cut the clothing, whether all of it was delivered to a hospital nurse, where it went after delivery, or whether he saw it in the treatment room. Second, Yannetti walks through the scene and ambulance sequence. Third, he questions Kelly about an unidentified woman at the scene who repeatedly screamed 'He's dead' and about whether Kelly heard her say 'I hit him.' Kelly testified that he did not hear 'I hit him.' When asked what he told a state trooper, Kelly said he did not recall and might have said it; after the question was rephrased, he agreed he did not recall changing the woman's words. A video clip is played, and Kelly reports hearing someone say 'fucking dead.'

Matthew Kelly — Redirect/Recross

Firefighter Matthew Kelly's redirect addresses his location and limited perspective; on recross, David Yannetti offers the video clip into evidence before the witness is dismissed.

Redirect
Matthew Kelly Adam Lally
20 lines

ADA Lally conducts a brief redirect of firefighter Matthew Kelly addressing two points raised during cross-examination. First, Lally establishes that the video clip played by the defense does not show Kelly's ambulance, meaning Kelly may not have been on scene when the statements captured in the video were made. Second, Lally elicits that the six responding firefighters were performing separate tasks in separate locations, so what Kelly heard is not necessarily what others heard — and vice versa. Lally also clarifies that the use of trauma shears to cut O'Keefe's clothing occurred in the back of the ambulance before transport, not during the ride to the hospital.

Recross
Matthew Kelly David Yannetti
6 lines

Defense attorney David Yannetti's recross consists solely of offering into evidence the video clip he played during cross-examination. ADA Lally indicates he already has it. Judge Cannone briefly addresses the pre-marking status of the exhibit before dismissing the witness. No additional questions are asked of Matthew Kelly.

Frank Walsh — Direct/Cross

Lt. Frank Walsh described O'Keefe's injuries, missing right shoe, and emergency treatment after the Fairview Road response. On brief cross, he recalled an unidentified woman crying more than others and asking whether O'Keefe was alive.

Direct
Frank Walsh Adam Lally
184 lines

Lt. Frank Walsh, a paramedic with Canton Fire Department, testified about responding to a call for an unresponsive male at 34 Fairview Road on January 29, 2022. Walsh had been plowing snow since approximately 4:00 a.m. due to heavy snowfall and poor visibility. Upon arrival, he assisted with the stretcher and observed O'Keefe being placed on a backboard approximately 10 feet from the road. In the ambulance, Walsh noted a hematoma on O'Keefe's right eye, blood from his nose, scratches and lacerations on his right arm, and a missing right shoe. Walsh performed an intraosseous (IO) drill to administer epinephrine and saline during cardiac arrest treatment. Before leaving the scene, he informed Sergeant Goode of the signs of trauma he observed.

Cross
Frank Walsh David Yannetti
22 lines

In a brief cross-examination lasting under two minutes, defense attorney David Yannetti asked Lt. Walsh about an unidentified woman at the scene. Walsh agreed that she stood out as especially upset and recalled hearing her ask whether O'Keefe was alive. The prosecution declined redirect, and the witness was excused.

Katie McLaughlin — Direct (Part 1)

Firefighter-paramedic Katie McLaughlin recounts the response to John O'Keefe, Karen Read's repeated "I hit him" statement, and O'Keefe's visible injuries. The court then gave view-related instructions and adjourned.

Direct
Katie McLaughlin Adam Lally
144 lines

Katie McLaughlin, a firefighter-paramedic with the Canton Fire Department, testifies about responding to a dispatch for a man down in the snow at 34 Fairview Road on the morning of January 29, 2022. She describes arriving on scene, retrieving a stretcher, and being directed by lead paramedic Tony Flematti to gather information from a woman standing nearby — later identified as Karen Read. After asking basic medical questions, McLaughlin asked whether any significant trauma had occurred, and Read repeatedly stated "I hit him." McLaughlin also describes observing O'Keefe's injuries in the ambulance — facial swelling concentrated around the right eye, a laceration above the right eye, and blood from his nose and mouth — along with his clothing, which included one sneaker.

+1 procedural segment
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