Commonwealth v. Read — Trial ArchiveAnthony Flematti — Cross/Redirect/Recross
732 linesCROSS-EXAMINATION BY MR. LALLY:
MR. JACKSON: Good morning.
MR. FLEMATTI: Good morning.
MR. JACKSON: I'd like to start sort of at the beginning. When you first arrived at the location, you indicated that you could, in fact, see the body from your perspective, correct?
MR. FLEMATTI: I could see a body, yes.
MR. JACKSON: And I think you indicated the shape of a body?
MR. FLEMATTI: Yes.
MR. JACKSON: You couldn't tell if it was female or male?
MR. FLEMATTI: No.
MR. JACKSON: But obviously looked like a human figure?
MR. FLEMATTI: Yes.
MR. JACKSON: Okay. That drew your attention to the left side of the ambulance as you were approaching, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: And you're sitting on the right side, which means you're the furthest away from that figure from the perspective of the ambulance?
MR. FLEMATTI: In the ambulance, yes.
MR. JACKSON: And you had no problem making out that figure in the snow?
MR. FLEMATTI: The figure in the snow, we had a good distance between the ambulance and the engine. So yes.
MR. JACKSON: Okay. And you indicated that the figure in the snow was on top of the snow, if you will, with some snow accumulating at the body of the individual?
MR. FLEMATTI: Yes, sir.
MR. JACKSON: But he was not covered with snow?
MR. FLEMATTI: No.
MR. JACKSON: It was like a mound of snow over this figure?
MR. FLEMATTI: There were mounds of snow in the area but not over the patient. Due to the wind, there were snow drifts in the area.
MR. JACKSON: And his clothes were dark as compared to the white snow?
MR. FLEMATTI: Yes, sir.
MR. JACKSON: All right. I want to ask you a couple of quick questions about some of the last conversation you had with Mr. Lally about the injuries. You did note a -- that Mr. O'Keefe had a laceration over his right eye, correct?
MR. FLEMATTI: Over his right eye?
MR. JACKSON: Over the right eye.
MR. FLEMATTI: There was a contusion over the eye.
MR. JACKSON: Okay. And your definition of a contusion is?
MR. FLEMATTI: Bruising.
MR. JACKSON: Was it also swollen?
MR. FLEMATTI: There was swelling around the eyes anda little bit of contusing and bruising around.
MR. JACKSON: Did you see an actively bleeding laceration over his right eye?
MR. FLEMATTI: I don't recall.
MR. JACKSON: You don't remember that? Okay. What about his left eye?
MR. FLEMATTI: Both eyes were pretty well swollen shut.
MR. JACKSON: What about not from the nostrils but on the skin on the nose? Did you note a laceration or multiple lacerations on the nose?
MR. FLEMATTI: So due to the bleeding that was coming from the orifices, trying to clean the area and find exactly where it's from is something difficult. So we can just say there was bleeding in that area.
MR. JACKSON: Okay. So you can't define -- as you sit here, you don't remember if it was bleeding from the nostril or from a laceration on the nose?
MR. FLEMATTI: I believe it was the nostrils.
MR. JACKSON: Okay. Are you saying that there was no laceration on the skin of the nose or you just don't recall it?
MR. FLEMATTI: On the top of the nose? No. I don't remember.
MR. JACKSON: I'm sorry?
MR. FLEMATTI: On the top of the nose, I don't recall.
MR. JACKSON: You don't recall. Okay. With regard to his abdomen, you indicated that it was distended, the medical term for swollen?
MR. FLEMATTI: Yes.
MR. JACKSON: You said that that could be from trauma or it could just be bloating, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: Did you notice any contusions on his abdomen?
MR. FLEMATTI: No.
MR. JACKSON: Any skin that was abraded or cut?
MR. FLEMATTI: No.
MR. JACKSON: So there was no bruising, no contusion but there was a distention, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: So there was no visible trauma to the abdomen?
MR. FLEMATTI: Visible trauma doesn't really matter to internal trauma. It's not always indicative one way or the other.
MR. JACKSON: So my question was did you see any visible trauma on his abdomen?
MR. FLEMATTI: No.
MR. JACKSON: But you did noted that it was bloated?
MR. FLEMATTI: That it was distended.
MR. JACKSON: I want to talk to you for a second about, if I could shift gears, about the conversation that you indicated to Mr. Lally that you had with Ms. Read. You were also asked about that conversation at the grand jury when you testified, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: You testified that as the lead paramedic, you were specifically trying to get as much information from my client, Ms. Read, as you possibly could concerning the victim and how the victim ended up being there, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: You indicated in no particular order that you asked questions like how do you know him, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: How did he get here, what happened?
MR. FLEMATTI: Correct.
MR. JACKSON: Is there any additional information you can give me about what happened to this person?
MR. FLEMATTI: Correct.
MR. JACKSON: Okay. So that was a conversation that you were personally engaged in with my client in order to gather as much data, if you will, about what you were dealing with, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: But your focus was when you first arrived, your focus is, I need to attend to the patient, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: Like conversations notwithstanding, I need to deal with what's in front of me, which is an unconscious man in the snow?
MR. FLEMATTI: Correct.
MR. JACKSON: Dressed inappropriately?
MR. FLEMATTI: Correct.
MR. JACKSON: And possibly freezing to death?
MR. FLEMATTI: Correct.
MR. JACKSON: But you did say that you had enough of a conversation with Ms. Read that she answered you and said something to the effect of, I hit him. Oh, my God, I hit him?
MR. FLEMATTI: Correct.
MR. JACKSON: So then you followed up on that conversation, correct?
MR. FLEMATTI: As much as I could, yes.
MR. JACKSON: As a matter of fact, you said that you asked her additional elaborating questions?
MR. FLEMATTI: Correct.
MR. JACKSON: Well, did you hit him in the face, or did you kick him? Did you hit him with your hand?
MR. FLEMATTI: Yup.
MR. JACKSON: Okay. So that's a conversation that you're having with Ms. Read face to face?
MR. FLEMATTI: Correct.
MR. JACKSON: You are talking to her. You're looking her in the eyes. She's looking you in the eyes. You're standing still. And you're attempting, as best you can, to converse with this woman so that you can gather as much information as you possibly can as you tend to the victim?
MR. FLEMATTI: Correct.
MR. JACKSON: You indicated that that conversation lasted long enough that the conversation was frustrated by the fact that you weren't getting information that was helpful to you. So you turned that conversation over to Katie McLaughlin?
MS. MCLAUGHLIN: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: Was your conversation in some way in your mind -- and, when I use the word "frustrated," I mean you weren't getting the information that you were seeking, correct?
MR. FLEMATTI: It wasn't productive.
MR. JACKSON: Okay. Better way to put it. I'll use your word. That conversation was unproductive enough that you then moved the conversation over to Ms. McLaughlin, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: Firefighter McLaughlin.
MR. FLEMATTI: Yes.
MR. JACKSON: And, once Firefighter McLaughlin engaged Ms. Read, you then began to attend to the patient again?
MR. FLEMATTI: So the patient was already being treated by the other personnel on scene.
MR. JACKSON: Okay.
MR. FLEMATTI: I started the conversation, realized it wasn't going anywhere. I had other responsibilities. Regardless of how they ended there, they still needed treatment.
MR. JACKSON: Of course.
MR. FLEMATTI: And transport. So that began my priority and moved her over to try and get as much information while treatment was being done.
MR. JACKSON: What part of the treatment were you responsible for?
MR. FLEMATTI: All of it.
MR. JACKSON: Sorry. That is a great answer to a very vague question. What physically were you doing with Mr. O'Keefe?
MR. FLEMATTI: In which particular moment?
MR. JACKSON: When you first arrived and attended to him and physically touched him, in other words, were you the airway or person, were you the cardiac person? Were you doing chest compressions? Were you squeezing the bag?
MR. FLEMATTI: I would have been doing the chest compressions initially until I could delegate that task to somebody else.
MR. JACKSON: Okay. And chest compressions -- I'm going to butcher this because I've never been trained other than my little toddler. They look a little like what I'm doing now, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: And I indicated one palm over my hand, arms extended, and you can see my shoulders moving up and down in a rhythmic fashion, correct?
COURT REPORTER: I didn't get an answer. Correct?
MR. FLEMATTI: Yes.
BY MR. JACKSON:
MR. JACKSON: What were you wearing?
MR. FLEMATTI: What was I wearing? My uniform.
MR. JACKSON: You didn't expect that one, did you?
MR. FLEMATTI: That was different. A heavy winter coat. Uniform.
MR. JACKSON: Do paramedics sometime wear bright yellow for safety?
MR. FLEMATTI: Yes.
MR. JACKSON: Were you wearing a bright yellow, heavy winter coat?
MR. FLEMATTI: I don't recall. I have a few different coats.
MR. JACKSON: Got it. Got it. Do you remember what Ms. McLaughlin was wearing?
MR. FLEMATTI: I don't.
MR. JACKSON: Okay. That conversation that you had with Ms. Read at the scene, that had to have lasted -- I'm not guessing it was very long, but it had to have lasted a minute?
MR. FLEMATTI: At most, yes.
MR. JACKSON: At most? Once you finished your conversation with Ms. Read, did you then start attending specifically to the chest compressions and the high- level CPR that we've heard so much about from your colleague?
MR. FLEMATTI: Yes.
MR. JACKSON: As you're doing the CPR on the scene, that high-level CPR, high-quality CPR, was Mr. O'Keefe then moved to the scoop, which would then facilitate getting him on a gurney?
MR. FLEMATTI: Correct.
MR. JACKSON: That gurney was then moved between a couple of patrol cars, cruisers, and into the ambulance, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: Once you were in the ambulance, the first priority is to get this person warm; is that right?
MR. FLEMATTI: The first priority is always going to be CPR. The secondary would be getting them warmed up.
MR. JACKSON: Okay. So obviously when you got into the ambulance, you shut the doors?
MR. FLEMATTI: Correct.
MR. JACKSON: There is a heater on in the ambulance?
MR. FLEMATTI: Yes.
MR. JACKSON: You never came back out of that ambulance after you got Mr. O'Keefe into the ambulance, did you?
MR. FLEMATTI: No.
MR. JACKSON: And you were in there with Firefighter Nuttall at the time?
MR. FLEMATTI: Nuttall and Kelly.
MR. JACKSON: And Firefighter McLaughlin was outside the ambulance doing whatever she was doing?
MR. FLEMATTI: Correct.
MR. JACKSON: Okay.
MR. FLEMATTI: Initially, and then she came in afterwards.
MR. JACKSON: Obviously.
MR. FLEMATTI: Yes.
MR. JACKSON: And did I hear you correctly? When Firefighter McLaughlin got in the ambulance, she took over the driving responsibilities?
MR. FLEMATTI: So there's two different compartments. They're not connected. There's a little window between the two areas. So she assisted with interventions in the back. And then after we had established everything we needed to on scene to begin transport, she then got out and then started driving.
MR. JACKSON: Got it. Thank you. I'd like to play -- first, I'd like to have marked, and I think it's already been marked, Exhibit 379. It is a video, a snippet of a video. It's probably only three minutes long. It's not really that long. I'd like to play that portion of the video for you. And, when it's done, Firefighter Nuttall -- not Firefighter Nuttall. I'm sorry. I'm looking at the wrong notes. Firefighter Flematti, which is not that easy to say --
MR. FLEMATTI: You're doing a great job.
MR. JACKSON: -- I'm going to ask you to show me exactly where on the video, if you can, that you have this conversation --
MR. FLEMATTI: With the laser pointer?
MR. JACKSON: -- with my client. Yes. Use the laser pointer as you wish. This is, just to orient you, if I may, Your Honor, the top. Let me see if I can do this. Here we go. The top is the dash cam from one cruiser.
JUDGE CANNONE: I want to see counsel at sidebar for one second.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: All right. So what are we looking at? You said Exhibit 379.
MR. JACKSON: Yes.
MS. LITTLE: It's premarked and stipulated.
JUDGE CANNONE: I know. I just want to know what this is.
MR. JACKSON: So I expect there's going to be some real different versions throughout the trial. The top is the dash cam from Saraf, which he's already testified to. The bottom is the dash cam from Goode, which he will testify to and Saraf indicated was consistent with Goode's vehicle pulling up behind him, and they've been synchronized.
JUDGE CANNONE: All right. I don't want you telling the jury all of this, showing what's up there and asking him what he sees, not this big, long preface of what it is.
MR. JACKSON: Can I orient him that they are two different dash cams?
JUDGE CANNONE: You can say that, the Saraf dash cam, dash cam.
MR. JACKSON: If the Court is satisfied --
JUDGE CANNONE: Show it without comments.
MR. JACKSON: That's fine. That's fine.
(Whereupon, the sidebar conference concluded.)
BY MR. JACKSON:
MR. JACKSON: Until we pause it, I am going to ask you to focus your attention on the top of the dash cam video.
(Whereupon, the video was put up.)
MR. JACKSON: Can you pause it?
JUDGE CANNONE: Actually, I need to see counsel at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: All right. There is one exhibit. It's a compilation. It's a manmade exhibit, right?
MR. JACKSON: Yes.
JUDGE CANNONE: So I'm not sure I want to let all of these manmade exhibits like this in. I understand that there are 600 exhibits and there's probably 100 exhibits of snow. There are a lot of things that I have not seen. So just because you all agree doesn't mean things are permitted as exhibits. Okay? So you're asking him to focus on the top but you're still pointing at the bottom. What is the purpose of doing this?
MR. JACKSON: Once the bottom exhibit, which is synchronized with the top, once he makes his way to the stand, I'm going to ask him a couple of questions about the bottom and whether or not he recognizes the individuals only and --
JUDGE CANNONE: Well, pointing to the top and asking him to focus on the top --
MR. JACKSON: I am asking him to focus on the top first. And then I will ask him to refocus on the bottom as the video continues to play.
JUDGE CANNONE: We will do this once. If we need to take a break and I need to see all of the manmade exhibits -- if this were not favorable to the defense and the Commonwealth wanted to do it and you moved to keep it out, I would keep it out. So I just need to see it. It may break the rhythm. Do you plan to do more than this during the cross of this witness?
MR. JACKSON: No. I am doing one three-minute video. That's it.
JUDGE CANNONE: I'm going to watch this, and just be very careful about the commenting.
MR. JACKSON: Sure.
JUDGE CANNONE: I would have loved to have seen these things earlier.
MR. JACKSON: We can make a habit of showing them. I have no problem with that.
MS. LITTLE: We provided them to the Commonwealth and they stipulated to them.
JUDGE CANNONE: I still need to let them into evidence. And this is evidence not typically done. So again, if it had been harmful to the defendant and the Commonwealth tried to do it, even if you agree, as gatekeeper, I would keep it out.
MR. JACKSON: Understood.
JUDGE CANNONE: Okay. So go ahead and do it on this one, but we're going to need a break to see them before any other put-together compilation is put in.
MR. JACKSON: Sure. Understood.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Folks, we'll take a 15-minute recess.
(Whereupon, the jury is escorted from the courtroom for a brief recess.)
JUDGE CANNONE: Counsel, I'll just see you both.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So we've got a jury trial going in the first session courtroom.
JUDGE CANNONE: So when something like this happens, it will sort of be an abrupt recess.
MR. JACKSON: Keep everybody --
JUDGE CANNONE: Yes. They just open the door so people can go out.
MR. JACKSON: Okay.
JUDGE CANNONE: Why don't I watch this? How long is this? Three minutes? Why don't I watch this now.
COURT REPORTER: Closer, please.
JUDGE CANNONE: You need to come close.
MR. JACKSON: I was reminded -- I'm happy to play the three minutes. This has already been, not this particular video, but we have a synchronized video, I think, all ready with Goode and Saraf's videos.
COURT REPORTER: One at a time, counsel.
JUDGE CANNONE: And, Ms. Little, I appreciate -- if Mr. Lally is questioning a witness, you can't object.
MS. LITTLE: Okay.
JUDGE CANNONE: You can certainly reach over and tell him to object but you can't object.
MS. LITTLE: Okay
JUDGE CANNONE: Just as this is Mr. Jackson's witness. I'd like to see this.
MR. JACKSON: Sure.
JUDGE CANNONE: We will ask the witness to step out.
(Whereupon, the witness exited the courtroom and the sidebar conference concluded.)
(Whereupon, the video is viewed.)
MR. JACKSON: That is the extent or approximately the extent of the length of the video, the clip, that I was going to play.
JUDGE CANNONE: Okay. So we will take a 10-minute recess.
MR. JACKSON: Thank you, Your Honor.
(Whereupon, a brief recess is taken.)
(Court resumes.)
(Defendant present. Jury present.)
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: All right. So I noticed that it said six minutes and something up there, the two of them. The witness testified to a one-minute conversation. You're going to show a three-minute snippet. So you have premarked exhibits. That doesn't mean they are in evidence. So you still have to introduce those into evidence. So you have to lay a foundation. Before you can say, I'm going to show you this and where in this did this conversation take place, he has to acknowledge that it did take place in there. And, if it doesn't, it's not coming in.
MR. JACKSON: I'll lay a foundation.
JUDGE CANNONE: Okay. So you need to -- but there was a confusion about you premarked 600 exhibits. That doesn't mean they are in. So far there are maybe 15 exhibits in evidence.
MR. LALLY: Your Honor, may I talk with Mr. --
JUDGE CANNONE: You can go ahead and talk. Let's save the time. What do you want to say?
MR. LALLY: No. I just wanted him to relate something to the Court. With regard to Saraf, that is in evidence. With regard to Goode, that video will be in evidence --
JUDGE CANNONE: But it's not now.
MR. LALLY: I understand.
JUDGE CANNONE: And it won't be until I let it in. Do you understand that.
MR. LALLY: I completely understand that. My request to Mr. Jackson would be that it be admitted de bene given that we fully expect it will be admitted, good will.
JUDGE CANNONE: We are not going to do that with 600 exhibits.
MR. LALLY: No, no.
JUDGE CANNONE: But, for ease of doing this today, they may both be in. But, if this witness doesn't acknowledge that it occurred anyway on that before you ask him compound questions, it's not really clear what his answer is. You need to lay the foundation to get it in now.
MR. JACKSON: Right.
(Whereupon, the sidebar conference concluded.)
BY MR. JACKSON:
MR. JACKSON: Firefighter Flematti, I want to draw your attention to the top video. I may pause it and ask you a couple of questions.
(Whereupon, the video is played.)
MR. JACKSON: Pause it.
(Whereupon, the video is paused.)
BY MR. JACKSON:
MR. JACKSON: Did you see a person run into the screen?
MR. FLEMATTI: Yes.
MR. JACKSON: Run into the frame, rather, from the screen left?
MR. FLEMATTI: Yes.
MR. JACKSON: Who is that?
MR. FLEMATTI: I don't recall.
MR. JACKSON: Continue to play. And pause.
(Whereupon, the video is played and paused.)
BY MR. JACKSON:
MR. JACKSON: I want to draw your attention to the left side of the top video. Did you see somebody wearing a bright yellow jacket?
MR. FLEMATTI: If you could rewind it, I'd look at that area.
MR. JACKSON: Why don't I play it forward and see if you see that.
(Whereupon, the video is played and paused.)
MR. FLEMATTI: Yes.
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: And do you recognize that person?
MR. FLEMATTI: I see a yellow jacket. I can't tell you who it is.
MR. JACKSON: Okay. Based on your memory -- have you seen this before, by the way?
MR. FLEMATTI: No.
MR. JACKSON: Okay. Based on your memory, is that the approximate position that Mr. O'Keefe was in when you or any of your colleagues made contact with him?
MR. FLEMATTI: Approximately. I'd say a little bit more to the left.
MR. JACKSON: Okay.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: Did you see the person enter from the screen left into the frame?
MR. FLEMATTI: It looks like a different person. Yes.
MR. JACKSON: And that person right there, it looks like a long-haired female?
MR. FLEMATTI: Yes.
MR. JACKSON: Does that appear to be my client?
MR. FLEMATTI: From this angle, I couldn't tell you.
MR. JACKSON: Go ahead and play it.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause.
BY MR. JACKSON:
MR. JACKSON: Do you see the person wearing yellow right there on the side screen?
MR. FLEMATTI: If you're telling me that's a person, sure.
MR. JACKSON: Okay.
JUDGE CANNONE: No. He's not telling you. So ask the question. If you don't see it, you don't see it. If you do, you do.
BY MR. JACKSON:
MR. JACKSON: Does it appear --
MR. FLEMATTI: I can't tell what that shape is.
MR. JACKSON: Can you take a look or keep your eyes focused on that and tell me if you see that figure doing anything?
(Whereupon, the video is played.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: Okay. Do you recognize that figure now?
MR. FLEMATTI: I can't recognize the figure. It looks like an up-and-down rhythmic motion that would indicate CPR.
MR. JACKSON: Okay. Would that be you?
MR. FLEMATTI: I couldn't tell you. Is the time accurate? There's 6:13.
MR. JACKSON: I'm just asking you what you recognize on the video?
MR. FLEMATTI: I couldn't tell you if that was myself or not.
MR. JACKSON: Was there somebody else doing CPR?
MR. FLEMATTI: Multiple people rotate through CPR. So yes.
MR. JACKSON: Who is responsible for doing chest compressions?
MR. FLEMATTI: Whoever is closest to that area. We are all trained for that.
MR. JACKSON: Okay. I'm asking in this particular case.
MR. FLEMATTI: Yeah.
MR. JACKSON: We know everybody is trained. Didn't you testify earlier that you were the ones doing the chest compressions?
MR. FLEMATTI: I said I was one of them.
MR. JACKSON: Okay. Does that appear to be you doing the chest compressions?
MR. FLEMATTI: It could be. I'm not sure.
MR. JACKSON: Okay. Let's go ahead and play.
(Whereupon, the video is played and paused.)
MR. JACKSON: Okay. Stop it.
BY MR. JACKSON:
MR. JACKSON: Do you see the person basically in the middle of the screen there?
MR. FLEMATTI: Yes.
MR. JACKSON: Does that appear to be my client?
MR. FLEMATTI: I couldn't tell.
MR. JACKSON: Go ahead and play it.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: Do you see individuals entering from screen right?
MR. FLEMATTI: Yes.
MR. JACKSON: Who does that appear to be in the yellow jacket?
MR. FLEMATTI: That build would have been probably -- it could have been Firefighter Kelly or it could have been McLaughlin.
MR. JACKSON: Who is the person trailing the gurney to the right?
MR. FLEMATTI: I can't tell.
MR. JACKSON: Okay. Let's go ahead and play it.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: I know that the person in a hood just obscured that figure. Did you see that figure standing on the other side of the person in the hood?
MR. FLEMATTI: No.
MR. JACKSON: Okay. Go ahead and play it.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: The activity that's going on just to sort of the left side of the SUV in the frame, can you describe to the jurors what that activity is?
MR. FLEMATTI: So that would be lowering the stretcher to get ready to load the patient.
MR. JACKSON: Okay. Go ahead and play.
(Whereupon the video is played and paused.)
MR. JACKSON: Let's pause it.
BY MR. JACKSON:
MR. JACKSON: Now, this person now appears to be facing the camera. Do you now recognize that person?
MR. FLEMATTI: I don't.
MR. JACKSON: Okay. Go ahead.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause.
BY MR. JACKSON:
MR. JACKSON: Can you focus your attention on that individual in the yellow jacket?
MR. FLEMATTI: Yes.
MR. JACKSON: Go ahead and play it.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: What does that person seem to be doing?
MR. FLEMATTI: CPR.
MR. JACKSON: Which part of the CPR? Chest compressions or breathing?
MR. FLEMATTI: Chest compressions.
MR. JACKSON: Sorry. I didn't mean to talk over you.
MR. FLEMATTI: That's okay.
MR. JACKSON: I want to make sure that Nancy can get down what we are both saying. So which part of the CPR?
MR. FLEMATTI: Chest compressions.
MR. JACKSON: Thank you. Is that you?
MR. FLEMATTI: I don't know.
MR. JACKSON: Okay. At this point, you have no idea whether or not -- you don't remember you were the one doing chest compressions when he was moved from the ground to the gurney?
MR. FLEMATTI: I don't recall.
MR. JACKSON: But you did earlier testify you were doing chest compressions?
MR. FLEMATTI: I did at some point during this call, yes.
MR. JACKSON: Okay. In the entire length of this video, did you see anybody else trade off from that person doing the chest compressions from the time that person was on the ground and to the gurney, or is that the same person?
MR. FLEMATTI: It could be the same person. I'm not sure.
MR. JACKSON: Okay. Would you say that's probably you?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained. Jurors, disregard that.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: I want to direct your attention to this person that appears to be a firefighter in the middle. Do you see that person?
MR. FLEMATTI: Yes.
MR. JACKSON: Who is that?
MR. LALLY: Objection. May we approach?
JUDGE CANNONE: The objection is sustained. I'll see counsel at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: What do you want to say, Mr. Lally?
MR. LALLY: Your Honor, so what I think counsel can do is counsel can direct the witness's attention to a particular part of a video or a particular point on the screen and, ask them if they know where that is or if they recognize what that is. But describing it to him and then asking him to confirm it I think is improper. So the testimony has to come from the witness, not from counsel.
MR. JACKSON: That is completely untrue. This is cross-examination. So I am allowed to lead the witness.
JUDGE CANNONE: You can lead the witness but not on something he is not adopting at all. You cannot narrate this video and that's what you're doing.
MR. JACKSON: I'm leading the witness, asking him does that appear to be you? Does that appear to be somebody else? And I will leave with the answer that there is --
JUDGE CANNONE: And then you said this is a firefighter. It's a yellow jacket. So Commonwealth versus Pleas is an important case on these issues. You've got a video up. The video speaks for itself. A lot of what you're doing is improper.
MR. JACKSON: Your Honor --
JUDGE CANNONE: Excuse me. But there has only been one objection and I am sustaining that objection. You can go back and do it properly.
MR. JACKSON: Okay.
(Whereupon, the sidebar conference concluded.)
MR. JACKSON: May I, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Take a look at the person or the yellow in the middle of the screen. Do you recognize that?
MR. FLEMATTI: As a fire jacket and build. I would guess it was either Firefighter Kelly or --
JUDGE CANNONE: So we don't want you to guess.
MR. FLEMATTI: My best estimation would be Firefighter McLaughlin.
BY MR. JACKSON:
MR. JACKSON: Firefighter McLaughlin?
MR. FLEMATTI: Yes.
MR. JACKSON: Okay. Go ahead and play.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause.
BY MR. JACKSON:
MR. JACKSON: Do you recognize the person in the yellow jacket to the right of who you just described as Firefighter McLaughlin?
MR. FLEMATTI: No.
MR. JACKSON: Okay. What is that person doing apparently?
MR. FLEMATTI: My guess would be -- I'm sorry to guess.
JUDGE CANNONE: Not even an estimate. Do you know?
MR. FLEMATTI: I don't.
JUDGE CANNONE: Next question.
MR. JACKSON: Go ahead and play.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause.
BY MR. JACKSON:
MR. JACKSON: At that point, did you join your colleagues in placing Mr. O'Keefe into the ambulance?
MR. FLEMATTI: Yes.
MR. JACKSON: Okay. Based on that, did that appear to be you following the gurney, in the yellow jacket, over to the ambulance?
MR. FLEMATTI: Yes.
MR. JACKSON: And who was the lead -- when I say "lead," the one to the right leading the gurney, on the front side of the gurney.
MR. FLEMATTI: I'm not sure.
MR. JACKSON: One of your colleagues, though?
MR. FLEMATTI: Yes.
MR. JACKSON: What did you do once you left the friend? Where did you go?
MR. FLEMATTI: That would have been into the ambulance.
MR. JACKSON: And, as you earlier indicated, shut the doors, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: And you never came back out?
MR. FLEMATTI: No.
MR. JACKSON: Okay. I'd like to draw your attention to the lower video, and we are just going to let that play for a couple of minutes and see if you recognize anything. T'll ask to have it paused in just a second.
(Whereupon the video is played and paused.
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: I'm going to ask you to look up to the top video. Do you see what appears to be a person wearing yellow to the right?
MR. FLEMATTI: Yes.
MR. JACKSON: Do you recognize who that is?
MR. FLEMATTI: No.
MR. JACKSON: Go ahead and play it.
(Whereupon, the video is played and paused.)
MR. JACKSON: Pause it.
BY MR. JACKSON:
MR. JACKSON: Looking at the lower video, do you see what appears to be a vehicle in the middle of this frame?
MR. FLEMATTI: Yes.
MR. JACKSON: What is that?
MR. FLEMATTI: That is an ambulance.
MR. JACKSON: Does that appear to be the ambulance that you arrived in?
MR. FLEMATTI: Yes.
MR. JACKSON: And that is the ambulance that you took Mr. O'Keefe to?
MR. FLEMATTI: Yes.
MR. JACKSON: The doors are closed?
MR. FLEMATTI: Yes.
MR. JACKSON: Are you in the ambulance at this point?
MR. FLEMATTI: I'm not sure.
MR. JACKSON: Well, if this was -- let me just ask it a different way. This was running continuously?
MR. FLEMATTI: Yes.
MR. JACKSON: No pauses. You've already taken Mr. O'Keefe to the ambulance. Would you have gotten in the ambulance?
MR. FLEMATTI: I don't recall.
MR. JACKSON: I mean, you're not standing outside the ambulance, are you?
JUDGE CANNONE: If you know the answer.
MR. FLEMATTI: I don't know.
BY MR. JACKSON:
MR. JACKSON: You have no idea whether you're in the ambulance or not at this point?
MR. FLEMATTI: At this point.
MR. JACKSON: Would you have gone anyplace else when you left the frame?
MR. FLEMATTI: It could have been to gather equipment but for certain, I don't know.
MR. JACKSON: Where would Mr. O'Keefe have been?
MR. FLEMATTI: He could have been in the ambulance. Again, I don't know for certain.
MR. JACKSON: Could have been or was in the ambulance?
MR. FLEMATTI: At this time, I don't know.
MR. JACKSON: Okay. Go ahead and play.
(Whereupon, the video is played and paused.)
MR. JACKSON: Stop.
BY MR. JACKSON:
MR. JACKSON: Taking a look at both screens, do you see the group of people, including the individual with a yellow jacket at the bottom of the screen?
MR. FLEMATTI: Yes.
MR. JACKSON: Does that appear to be the same from a different angle, same group of people, including the person with the yellow jacket on the top screen?
MR. FLEMATTI: Yes.
MR. JACKSON: Who was the person that was directed to get the medical history from my client?
MR. FLEMATTI: McLaughlin.
MR. JACKSON: Do you believe that's Ms. McLaughlin?
MR. FLEMATTI: No.
MR. JACKSON: You don't think that's her?
MR. FLEMATTI: I would have to rewind to know where she went.
MR. JACKSON: Well, let me ask you a couple other questions: In the bottom screen, do you see a police officer?
MR. FLEMATTI: Yes.
MR. JACKSON: Do you see a woman with long hair standing next to the police officer?
MR. FLEMATTI: Yes.
MR. JACKSON: Does that appear to be my client?
MR. FLEMATTI: Yes.
MR. JACKSON: There is an individual with a fire jacket on, right?
MR. FLEMATTI: Yes.
MR. JACKSON: And she was, Ms. McLaughlin was, directed to get medical history and interview my client, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: Does that appear to be what she's doing right there?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: At this point, where do you believe you were now?
MR. FLEMATTI: I don't remember.
MR. JACKSON: Do you think you might have been in the ambulance?
MR. FLEMATTI: I don't remember.
MR. JACKSON: You testified earlier, and this has been a continuously run video, on the top, you testified earlier when you left the screen with that gurney, you got in the ambulance, correct?
MR. FLEMATTI: We headed that way, yes.
MR. JACKSON: So Firefighter Flematti, it's not a trick question. Where did you go when you left the screen?
MR. FLEMATTI: It would have been to either gather equipment or put the patient in the ambulance.
MR. JACKSON: Okay. When did the -- what equipment did you need to get?
MR. FLEMATTI: It would have been anything that was left by the patient's side, whether it was a first-in bag, airway bag, any other equipment.
MR. JACKSON: You were doing chest compressions?
MR. FLEMATTI: I didn't state that.
MR. JACKSON: You didn't say that?
MR. FLEMATTI: I said I did chest compressions at some point. I didn't say I did them continuously throughout the call.
MR. JACKSON: So you put John O'Keefe in the back of the ambulance and went to look for some equipment?
MR. FLEMATTI: Not what I said. So chest compressions were done continually throughout. Whether they were done by me or by another provider, I can't tell you specifically.
MR. JACKSON: So when you left the screen and John O'Keefe is on the gurney, you're engaged in vital lifesaving, a vital lifesaving endeavor, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: That had to have been your focus, correct?
MR. FLEMATTI: That was at the time, yes.
MR. JACKSON: And you wanted to get him out of the cold, the weather?
MR. FLEMATTI: Yes.
MR. JACKSON: Because it was inclement; it was freezing out, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: So you wanted to put him in the ambulance, right? And you wanted to continue CPR because, in your words, you testified on direct examination, you believed that there might be some viability left?
MR. FLEMATTI: Yes.
MR. JACKSON: So CPR and lifesaving measures were absolutely vital at that point?
MR. FLEMATTI: Yes.
MR. JACKSON: You didn't go find equipment. You got an ambulance, didn't you?
MR. FLEMATTI: Yes.
MR. JACKSON: So at this point, you're in the ambulance, correct?
MR. FLEMATTI: At this point, I don't know.
MR. JACKSON: You indicated you never got back out of the ambulance after you got in, correct?
MR. FLEMATTI: I don't believe so, no.
MR. JACKSON: Did you see anyplace in that video where you had any sort of detailed conversation with my client?
MR. FLEMATTI: No.
MR. JACKSON: Did you see anyplace in that video where you engaged my client and said, how did you get here? What happened? And she said, I hit him. And you said, how you hit him, all the stuff that you testified earlier to?
MR. FLEMATTI: I didn't see that in the video.
MR. JACKSON: You indicated in a police report during your interview that you had with Yuri Bukhenik on February 8th that my client said, I hit him, correct?
MR. FLEMATTI: Correct. Yes.
MR. JACKSON: Do you remember having that conversation with Sergeant Bukhenik?
MR. FLEMATTI: I don't recall the conversation, but I am trusting that your records are accurate.
MR. JACKSON: Is it true that during that conversation, you indicated to Sergeant Bukhenik that, quote, (as read), "Katie spoke with Karen Read." Katie is Katie who?
MR. FLEMATTI: McLaughlin.
MR. JACKSON: (As read), "Katie spoke with Karen Read, collecting medical history for the victim and was also told by Karen the last time she saw the victim was at 1:00 a.m. that morning. That is when Anthony" -- who is Anthony?
MR. FLEMATTI: It would have been myself.
MR. JACKSON: -- "that is when Anthony heard Karen say, I hit him. I hit him." Is that what you told Sergeant Bukhenik?
MR. FLEMATTI: I don't recall.
MR. JACKSON: Does it appear that this is the time, Firefighter Flematti, that Katie McLaughlin was getting a medical history from my client or attempting to?
MR. FLEMATTI: I can't tell from the video.
MR. JACKSON: You do know, however, that during this time you're in an ambulance probably 30 or 40 feet away with the doors closed?
MR. FLEMATTI: I don't know.
MR. JACKSON: Well, you certainly don't see yourself in that frame, do you?
MR. FLEMATTI: It doesn't appear to be.
JUDGE CANNONE: If we are done with the videos, can we take it down?
MR. JACKSON: Of course. Yes. I think we are finished. Thank you, Your Honor.
BY MR. JACKSON:
MR. JACKSON: You were the lead firefighter on that team that night, correct?
MR. FLEMATTI: Lead paramedic.
MR. JACKSON: Sorry. Lead paramedic. Thank you. You understood, obviously, the gravity of hearing a statement like "I hit him," some sort of an explanation about what may have happened to the victim, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: That statement could potentially have direct relationship, direct relational impact on how lifesaving measures are done by the medical personnel that you turned the victim over to?
MR. FLEMATTI: Correct.
MR. JACKSON: You testified at the grand jury that you wanted -- once you got to the hospital, you wanted to be as, quote, unquote, "helpful as possible" when you handed over the patient, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: You said you actually stayed at Good Samaritan for an additional 10 to 20 minutes, which is your habit in cases like this, because you wanted to be, quote, unquote, "an asset" to the medical intervention team, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: That team includes the doctors and nurses that were trying to provide lifesaving services to Mr. O'Keefe?
MR. FLEMATTI: Correct.
MR. JACKSON: But you never relayed to a single doctor ora single nurse a single word about a woman who said, I hit him, did you?
MR. FLEMATTI: So documentation for us ends at transfer of patient care. As far as my memory, I do remember relaying that information to the doctors and nurses.
MR. JACKSON: You do?
MR. FLEMATTI: Yes.
MR. JACKSON: Have you ever testified about that ever previous to this?
MR. FLEMATTI: I've never been asked about that.
MR. JACKSON: Oh. Nobody asked you. So you didn't tell anybody?
MR. FLEMATTI: In the court setting? No.
MR. JACKSON: You testified in front of a grand jury; didn't you?
MR. FLEMATTI: Yes.
MR. JACKSON: Mr. Lally asked you a bunch of questions?
MR. FLEMATTI: Yes.
MR. JACKSON: During the course of that conversation that was under oath, did you ever disclose that you told the doctors and the nurses that you heard a woman say, I hit him?
MR. FLEMATTI: I recall telling the doctors and nurses that there is a question that the patient was hit by a vehicle or we don't know, is what I directly said to the doctors and nurses.
MR. JACKSON: You directly told the doctors and nurses that there was a question about whether or not he was hit by a vehicle, right?
MR. FLEMATTI: Yes.
MR. JACKSON: Have you ever said that in any context either to the police or in a grand jury before today?
MR. FLEMATTI: I don't recall.
MR. JACKSON: You were asked a bunch of questions the day before yesterday and this morning by Mr. Lally?
MR. FLEMATTI: Yes.
MR. JACKSON: Did you say it on your direct examination?
MR. FLEMATTI: I wasn't asked that question.
MR. JACKSON: Ah. So since Mr. Lally didn't ask you, you just left it out that you told the doctors, the medical professionals, that, in fact, you described that this patient was likely hit by a car?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: You wrote a report, as well, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: We've talked a little bit about that report. There is an area in the report for a narrative?
MR. FLEMATTI: Yes.
MR. JACKSON: About your observations, your experiences with this patient, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: Your job as a lead paramedic is to be as detailed as possible, correct?
MR. FLEMATTI: Correct.
MR. JACKSON: You want to provide and impart the most detail you possibly can about an incident to assist in medical intervention, correct?
MR. FLEMATTI: Sure.
MR. JACKSON: Take a look at page 3 of 5 of your report.
MR. FLEMATTI: Yes.
MR. JACKSON: Do you see that narrative area?
MR. FLEMATTI: I do.
MR. JACKSON: Can you point to that portion of your report where you indicate that my client said the words "I hit him"?
MR. FLEMATTI: It doesn't say that.
MR. JACKSON: Can you point to your report, the portion of your report where you indicate that you told the doctors and nurses that she said, I hit him?
MR. FLEMATTI: It doesn't say that.
MR. JACKSON: Can you point to that portion of your report where you indicate that your concern for the patient was that he had been hit by a car?
MR. FLEMATTI: It doesn't say that.
MR. JACKSON: You indicated on direct examination that you were, quote, unquote, "looking for anything that we could pass on to the emergency room that would assist"?
MR. FLEMATTI: Yes.
MR. JACKSON: Do you think it might have been of assistance to the emergency room personnel to indicate that you believed this person had been hit by a car?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: Do you believe that that would have been an important piece of information to pass on to the emergency room assistants?
MR. LALLY: Objection.
JUDGE CANNONE: I'll let him have it.
MR. FLEMATTI: It would have been important. Yes.
BY MR. JACKSON:
MR. JACKSON: And it's nowhere in your reports, correct?
MR. FLEMATTI: It's not in the reports, no.
MR. JACKSON: You didn't tell that to the police when you were interviewed eight days later?
MR. FLEMATTI: I was not asked about how or what I was --
MR. JACKSON: My question is, did you tell the police eight days later or nine days later when you were interviewed?
MR. FLEMATTI: No.
MR. JACKSON: And you didn't tell the grand jury that, correct?
MR. FLEMATTI: No.
MR. JACKSON: And you didn't mention that on direct examination in front of these jurors, did you?
MR. FLEMATTI: No.
MR. JACKSON: May I have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. JACKSON: That's all I have. Thank you.
JUDGE CANNONE: Mr. Lally?
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: So Firefighter Flematti, you have been asked some questions about the observation you made of Mr. O'Keefe's abdomen being distended, correct?
MR. FLEMATTI: Correct.
MR. LALLY: And, absent any external observation of injuries, that could be from an internal injury cause; is that correct?
MR. FLEMATTI: Correct.
MR. LALLY: Now, the conversation that you were talking about in which the defendant indicated to you repeatedly that she hit him or "I hit him," that occurred on your sort of way to the body, correct?
MR. FLEMATTI: Correct.
MR. LALLY: Now, turning back to sort of when you're coming to the scene and arriving at the scene, you got a call or dispatch in regard to an unresponsive male in the snow, correct?
MR. FLEMATTI: Correct.
MR. LALLY: So you know that going there, correct?
MR. FLEMATTI: Correct.
MR. LALLY: Okay. And where you sort of bring the ambulance to a stop, there are other vehicles already in that area where Mr. O'Keefe is, correct?
MR. FLEMATTI: That's correct.
MR. LALLY: And it's from that vantage point that you're able to then see Mr. O'Keefe's body off the side of the road, about 10 feet or so, into the lawn?
MR. FLEMATTI: Correct.
MR. LALLY: Now, when it comes to chest compressions, your department, any department, as far as sort of the medical field that you're in, is there any sort of policy or protocol for how long one person should be doing those at a time?
MR. FLEMATTI: So the recommendation is always two minutes, but it's usually based on the fatigue of the provider. But, really, the most important thing is just quality of CPR and making sure that they have the best CPR throughout, regardless of fatigue.
MR. LALLY: So it's not recommended that one person do continuous chest compressions for 15 or 20 minutes, correct?
MR. FLEMATTI: It's actually recommended not.
MR. LALLY: And so that would be sort of when you have that many sort of assets with you on a scene, would it be typical for somebody to continue on with chest compressions for that long a period of time?
MR. FLEMATTI: No.
MR. LALLY: Those videos that you were showing up on the screen, had you ever seen either of those videos before?
MR. FLEMATTI: No.
MR. LALLY: So you have no idea as far as the times, whether they are accurate, correct?
MR. FLEMATTI: No.
MR. LALLY: And whether the videos are synchronous? You have no idea about that, either, correct?
MR. FLEMATTI: No.
MR. LALLY: Now, the conversation in which you heard the defendant say, I hit him, and the conversation that Firefighter McLaughlin had in which the defendant told her, I hit him, those are two separate conversations, correct?
MR. FLEMATTI: Correct.
MR. LALLY: Happened at two different times, two different locations. And you weren't even present for Ms. McLaughlin's statement, correct?
MR. FLEMATTI: Correct.
MR. LALLY: But you did, when you were interviewed by the trooper and when you testified before the grand jury, you indicated in both instances that the defendant said to you, I hit him, repeatedly, correct?
MR. FLEMATTI: Correct.
MR. LALLY: Now, when you were asked questions about what you relayed to the hospital staff, what you're testifying to, that's your memory of what you told the hospital, correct?
MR. FLEMATTI: Correct.
MR. LALLY: And you indicated in that that you had something to the effect of there's a question about whether or not Mr. O'Keefe had been hit by a car, correct?
MR. FLEMATTI: Correct.
MR. LALLY: And so from your conversations with the defendant and the sort of expounding questions that you would ask for clarification, why was it that you related motor vehicle sort of specifically as a question to the hospital staff?
MR. FLEMATTI: So it was due to the proximity of the patient to the roadway and the vagueness of the statement. So proximity to the roadway and the fact that she stated, I hit him, the red flag of him being underdressed and not -- people don't just lie down in the snow ina blizzard. So how he got there we're not sure. So we're trying to figure out what happened. But, due to the proximity in the roadway, that was our first inclination.
MR. LALLY: I have nothing further.
JUDGE CANNONE: All right.
MR. JACKSON: May I, Your Honor, briefly?
JUDGE CANNONE: Yes.
RECROSS-EXAMINATION BY MR. JACKSON:
MR. JACKSON: You indicated that it's not recommended that someone do chest compressions for 15 or 20 minutes?
MR. FLEMATTI: Correct.
MR. JACKSON: You saw the video that was on the screen?
MR. FLEMATTI: Correct.
MR. JACKSON: That video was about three minutes?
MR. FLEMATTI: Yes.
MR. JACKSON: Did it appear that the same person that was doing chest compressions at the beginning of the video continued doing chest compressions all the way through?
MR. FLEMATTI: I don't know.
MR. JACKSON: Well, you just watched the video.
MR. FLEMATTI: I did. I can't tell you for certain which personnel. We all have yellow coats. So I can't tell you if somebody swapped. I don't know.
MR. JACKSON: Did it appear to you in watching that video that the person that started on the chest compressions on the left side of the screen continued all the way through, up to the scoop, up to the gurney and off- screen doing chest compressions?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: You indicated that when you heard this phrase "T hit him," that your response was, did you hit him with your hand, right?
MR. FLEMATTI: Yes.
MR. JACKSON: Did you kick him?
MR. FLEMATTI: Yes.
MR. JACKSON: Did you punch him?
MR. FLEMATTI: Yes.
MR. JACKSON: That's what you previously testified to, correct?
MR. FLEMATTI: Yes.
MR. JACKSON: Nowhere in that conversation did you ever suggest did you hit him with your car?
MR. FLEMATTI: I don't recall if I asked her specifically about that.
MR. JACKSON: So now you don't recall about that, either?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: And, for the first time in any forum, you're telling this jury that you then thought, based on that conversation that was attendant to the video that we just watched, you believed that Mr. O'Keefe had been hit by a car and that she said she did it?
MR. FLEMATTI: I did not say that. So I -- am I allowed to respond?
JUDGE CANNONE: Yes.
MR. FLEMATTI: So I left it open-ended to the staff of the hospital that these are both possibilities of what happened to the patient.
BY MR. JACKSON:
MR. JACKSON: And, of course, if you had said that to the staff at the hospital, the staff at the hospital would certainly put it in some of the medical reports, correct?
MR. FLEMATTI: They don't have to. It's really up to them.
MR. JACKSON: And you're aware that none of those have that statement?
MR. FLEMATTI: I'm not aware.
MR. JACKSON: Thank you.
JUDGE CANNONE: All set? All right. You are all set, Firefighter Flematti. Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Who is your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Matthew Kelly. Your Honor, may I approach just to retrieve the exhibits?
JUDGE CANNONE: Yes.