Commonwealth v. Read — Trial ArchiveFrank Walsh - Direct/Cross
206 linesJUDGE CANNONE: You're all set. Thank you.
JUDGE CANNONE: Your next witness?
MR. LALLY: Yes. Call Mr. Francis Walsh to the stand.
JUDGE CANNONE: Okay. Tori, what do you have for today's numbers?
COURT CLERK: [garbled oath] ...to give to the court and jury...do you swear the truth, the whole truth, and nothing but the truth?
MR. WALSH: I do.
COURT CLERK: Thank you.
MR. LALLY: Whenever you're ready. Thank you. Good afternoon, sir.
MR. WALSH: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name?
MR. WALSH: Francis Walsh, W—
MR. LALLY: And what do you do for work?
MR. WALSH: I'm a lieutenant paramedic with the Canton Fire Department.
MR. LALLY: And how long have you been a firefighter paramedic with Canton Fire?
MR. WALSH: Just shy of 10 years.
MR. LALLY: And you indicated that you have the rank of lieutenant. Is that correct?
MR. WALSH: That's correct.
MR. LALLY: How long have you been a lieutenant with Canton?
MR. WALSH: Since September of last year.
MR. LALLY: Now, with regards — you have certifications both as an EMT and a paramedic? Correct?
MR. WALSH: That's correct.
MR. LALLY: And with regard to those certifications, when was it first that you received those?
MR. WALSH: I received my paramedic certification in June of 2014 — that's when I was officially certified.
MR. LALLY: And is that something that you've been subject to continuing educational components and recertification since then?
MR. WALSH: Yes, every two years we have to recertify and take continuing education classes.
MR. LALLY: And is your certification current at this point?
MR. WALSH: Yeah, it's current. I just recertified last month actually.
MR. LALLY: Now if I could turn your attention to the evening of January 28th into January 29th, 2022. You recall that day?
MR. WALSH: I do.
MR. LALLY: And were you working that day?
MR. WALSH: I was.
MR. LALLY: And what kind of shift were you working on that occasion?
MR. WALSH: 24-hour shift, which is standard.
MR. LALLY: And is that 8:00 a.m. to 8:00 a.m.?
MR. WALSH: That's correct.
MR. LALLY: Correct me if I'm wrong — that would be 8:00 a.m. on the 28th until 8:00 a.m. on the 29th?
MR. WALSH: That's correct.
MR. LALLY: And so where were you assigned on that particular day?
MR. WALSH: I was assigned to headquarters, which is on 99 Rivier? Street, and my position was engine driver.
MR. LALLY: So fair to say people within your department get different sort of ...assignments on different apparatus based on the different shift that they work?
MR. WALSH: That's correct.
MR. LALLY: And your assignment that day was the driver of the engine, correct?
MR. WALSH: Yes, Engine 3.
MR. LALLY: Now, beyond your assignment as the engine driver in that particular shift, what if any specialized assignment do you have, or did you have at that time, in regards to snow?
MR. WALSH: Yeah, so on that particular shift I was also the snowplow driver. We have an in-house truck and a snowplow for the fire department, and that was my responsibility on that shift.
MR. LALLY: How many people within your department have that sort of responsibility when it comes to snow?
MR. WALSH: It kind of depends group to group. Some working groups will just kind of rotate and have a different person do it each time. At that time, the group that I was on, I kind of had the most experience plowing, so I was always the go-to person to be in the plow truck when it snowed.
MR. LALLY: And so with respect to that duty, about what time did you sort of get up on that morning of the 29th?
MR. WALSH: I believe it was around 4:00 a.m.
MR. LALLY: And why was it that you got up at that time?
MR. WALSH: It was snowing pretty heavily. I mean, we knew the forecast called for a lot of snow, so I got up early and hopped in the plow truck.
MR. LALLY: And just briefly, in addition to the snow, what if anything else did you observe as far as the weather conditions when you're out in the plow truck?
MR. WALSH: It was very windy. Yeah, just windy and really heavy snow.
MR. LALLY: Now at some point, shortly after 6:00 a.m., does your department get dispatched to a call?
MR. WALSH: Yes.
MR. LALLY: And where were you dispatched to, and what was it in regards to?
MR. WALSH: So I didn't hear the actual dispatch because I was in the plow truck. I was in the rear of headquarters in the plow truck. But my captain, Captain Roby, came out and told me that we had a call for 34 Fairview Road for an unresponsive male party. And he told me to hop in the engine and head to that call.
MR. LALLY: And when you hop in the engine, who if anyone else from your department was assigned to the same engine as you on that day?
MR. WALSH: So I had Lieutenant Woodbury to my right in the passenger seat, and firefighter Mullaney in the rear.
MR. LALLY: And beyond the engine that you were driving, what if any other apparatus from your department was dispatched to the call that day as well?
MR. WALSH: So that would have been Ambulance 1, and then also Car 5 went as well. That's kind of like an optional thing, but with a call of that severity, the captain will go as well.
MR. LALLY: And who was in Car 5 on that day?
MR. WALSH: Captain Roby.
MR. LALLY: And you drove the engine, is that correct?
MR. WALSH: That's correct.
MR. LALLY: If you could describe for the jury what you observed as far as the road conditions, visibility, things like that, en route from the station to Fairview Road.
MR. WALSH: Yes, so it was really, really poor driving conditions and visibility. I can't recall ever driving to a call of that nature and that severity that slowly. The visibility was so poor that we were just extremely slow.
MR. LALLY: And if you could describe to the jury the route of travel that you took from Station 1 to Fairview.
MR. WALSH: Sure. Out of Station 1, take a right onto Revere Street, then a left onto Sherman Street, a right onto Chapman Street, and then a left onto Fairview.
MR. LALLY: Now if you recall — you're all dispatched and responding around the same time, being Car 5, the ambulance, and the engine, correct?
MR. WALSH: Correct.
MR. LALLY: And if you recall, what was the order of the vehicles in response?
MR. WALSH: Engine 3 — we were the last vehicle for the fire department to arrive on scene. So when we arrived on scene, Ambulance 1 and Car 5 were already on scene.
MR. LALLY: And if I could ask — as you're turning onto Fairview Road and traveling down, what if anything do you notice about the elevation of the roadway as you're driving down?
MR. WALSH: It's a downhill grade. Yeah, it gets a little bit steep at one point.
MR. LALLY: And the residence that you eventually stopped at or responded to — where was that in location in reference to when you first turn onto Fairview? About how far down is the residence that you eventually go to?
MR. WALSH: Pretty far down. I believe it's one of the last houses on Fairview.
MR. LALLY: And the residence we're talking about — from your perspective when you're driving down there, is that on your left or right or something else?
MR. WALSH: Left.
MR. LALLY: And as you're approaching the scene, what is it that you see? How do you know where to stop and where you're going?
MR. WALSH: Yeah, so I mean — visibility was really poor, but there was Ambulance 1, Car 5, at least a couple of police cruisers on scene before us, so it's kind of hard to miss that. That's how we knew where to stop.
MR. LALLY: Now in regard to — you're responding to an unresponsive male, correct?
MR. WALSH: Correct.
MR. LALLY: And just to be clear, at some point you were able to identify, or you were told, what the identity was of that unresponsive male, correct?
MR. WALSH: That's correct.
MR. LALLY: What was his name?
MR. WALSH: John O'Keefe.
MR. LALLY: And so with respect to Mr. O'Keefe — when was the first time that you were able to see where Mr. O'Keefe was on the scene when you arrived?
MR. WALSH: It wasn't until a little bit after we actually arrived on scene that I could see the patient, because as we pulled up, the ambulance was blocking our line of sight to where the patient was, so I couldn't see him right away.
MR. LALLY: And I know you talked about visibility, but as far as — had the sun come up yet?
MR. WALSH: No, it was pitch black.
MR. LALLY: And so when you arrive on scene, what is it that you and the other people on your engine are doing in relation to patient treatment?
MR. WALSH: So at that point I got out of the engine and I started walking towards where the ambulance crew was. But at that point, firefighter Moffin was coming around to the rear of the ambulance to get the stretcher out, so I went directly to that to give her a hand with that, and we proceeded to bring that around the front of the ambulance where firefighter Nuttall, Flematti, and Kelly, and I believe Captain Roby, were working on the patient.
MR. LALLY: Now in reference to where patient Mr. O'Keefe was — where was he? Could you see how — in reference to the ground?
MR. WALSH: I could see — the other firefighters and captain that I just mentioned had just put him on the backboard at the first time that I saw him. I'd say that was roughly 10 feet in from the road.
MR. LALLY: And to that point, how were you able to say that it was approximately 10 feet in from the road?
MR. WALSH: Just an estimate.
MR. LALLY: Let me ask you — as far as the stretcher was concerned, that you and firefighter Moffin retrieved — where did you place that in relation to where Mr. O'Keefe was when you first brought it out?
MR. WALSH: So we decided to leave it on the street and get it as close to the grass or snow as possible. It was unspoken, but we knew that we didn't want to put the stretcher onto the snow because it would be too unstable, so we put it right up against the curb — right at the edge of the street where the street meets the yard.
MR. LALLY: And so you put the stretcher basically right up against the curb, and Mr. O'Keefe was approximately 10 feet from that?
MR. WALSH: That's correct.
MR. LALLY: And with respect to positioning the stretcher, was that parallel with the curb or perpendicular to it?
MR. WALSH: Parallel.
MR. LALLY: And you mentioned that obviously Mr. O'Keefe was on scene, and there are a number of different firefighters from your department, correct?
MR. WALSH: That's correct.
MR. LALLY: There was at least a police cruiser — did you see any officers around the scene?
MR. WALSH: Yes, I remember Officer Saraf and Sergeant Goode.
MR. LALLY: And with respect to civilians, what if any civilians did you observe around the scene as well?
MR. WALSH: I observed two female civilians.
MR. LALLY: And where were they in relation to where you were or in relation to where Mr. O'Keefe was?
MR. WALSH: I mean, they were pretty worked up, so they were moving around quite a bit. But I'd say they were somewhere in between myself and the stretcher and where Mr. O'Keefe was.
MR. LALLY: And did you yourself have any conversation with either of the two females that you saw?
MR. WALSH: I did not directly, no.
MR. LALLY: And you just testified that they were upset — both of them were?
MR. WALSH: Yes, yes.
MR. LALLY: And what if anything leads you to that conclusion as far as their demeanor? What if anything did you specifically observe?
MR. WALSH: I mean, I observed one of them screaming and crying, and they were both just frantically moving around a lot.
MR. LALLY: As far as the one that you observed screaming or crying, do you recall specifically what if anything that person said?
MR. WALSH: All I recall her saying was "Is he alive?"
MR. LALLY: Now with respect to Mr. O'Keefe, as far as his clothes — what if any observations did you make of his clothes?
MR. WALSH: The notable observation that I made was that he was missing one shoe, his right shoe.
MR. LALLY: And where was Mr. O'Keefe when you made that observation?
MR. WALSH: It was when we put the stretcher into the ambulance — the stretcher lifts up, so it's kind of right at my face — and that's when I noticed it.
MR. LALLY: So at the time he was being placed in the ambulance, he only had one shoe based on what you saw?
MR. WALSH: That's correct.
MR. LALLY: Now once Mr. O'Keefe is in the back of the ambulance, where did you go?
MR. WALSH: So I stayed down at the feet... positioned right by his right leg
MR. LALLY: And what if any difference did you notice between sort of the lighting conditions outside on the lawn versus the lighting conditions in the back of the ambulance?
MR. WALSH: Uh in the back of the ambulance it was dramatically better
MR. LALLY: So once in the back of the ambulance, what if anything did you note or observe as far as injuries to the patient?
MR. WALSH: Um I noticed a hematoma on his right eye and I noticed some blood coming from his nose
MR. LALLY: And just to be clear for the record — so when you say hematoma, based on your training and experience, can you explain what your understanding of that term is to the jury?
MR. WALSH: Uh swelling and bruising
MR. LALLY: Now at some point with respect to the clothing that Mr. O'Keefe was wearing, what if anything did you or other firefighters or paramedics from your department do with reference to Mr. O'Keefe's clothing?
MR. WALSH: We removed all of his clothing
MR. LALLY: And let me first ask how was that removal sort of — how was that accomplished?
MR. WALSH: Can you repeat that?
MR. LALLY: When you removed his clothing, how was that — how did you do that?
MR. WALSH: Oh uh with trauma shears — basically scissors that cut clothing — and um once —
MR. LALLY: Sort of was that pursuant to some sort of protocol, or why was that —
MR. WALSH: Yeah on any uh any trauma call it's protocol to expose the patient so you can see all injuries and you don't miss any injuries
MR. LALLY: And once the clothing was removed uh was removed with the trauma shears, what if any additional injuries or anything did you observe?
MR. WALSH: Uh I noticed some scratches and lacerations on his right arm
MR. LALLY: Now in reference to treatment in the back of the ambulance with regard to Mr. O'Keefe, what if any sort of um role in that did you assume, or were you assigned by the lead paramedic?
MR. WALSH: Yeah so I was responsible for the IO drill and access — um it's an intraosseous access
MR. LALLY: Can you explain to the jury sort of what that is and how that works?
MR. WALSH: Yeah so uh you do that instead of um instead of IV access — so when somebody's in cardiac arrest it's really hard to get an IV, so what you do is you actually drill into a bone and uh you can administer medication and fluids into the bone marrow space
MR. LALLY: And so pursuant to — so Mr. O'Keefe was uh undergoing cardiac arrest, correct?
MR. WALSH: Correct
MR. LALLY: Can you explain your understanding of that term based on your training and experience to the jury — what is cardiac arrest?
MR. WALSH: Um there's no cardiac function — his heart isn't pumping blood anymore
MR. LALLY: And so what if any sort of protocols are there as far as medication administration in reference to cardiac arrest?
MR. WALSH: Yeah so the frontline medication for that is epinephrine — um that's what we gave through the IO access
MR. LALLY: What is the purpose of the epinephrine?
MR. WALSH: Uh epinephrine — I mean basically in layman's terms it gets the heart pumping again if that's a viable option
MR. LALLY: And in addition to the epi, what if any other medication was administered through the IO?
MR. WALSH: Um I believe that was it as far as when I was on scene — it was just epi and —
MR. LALLY: You recall anything about saline?
MR. WALSH: Oh yeah saline as well, but you know it's not a medication, but yeah we also administered saline
MR. LALLY: What is the purpose of the saline?
MR. WALSH: Uh saline is um just to increase blood volume
MR. LALLY: Now as far as the transport, Mr. O'Keefe was then taken to [unintelligible] hospital, correct?
MR. WALSH: Correct
MR. LALLY: Did you go along with the ambulance on the transport to the hospital?
MR. WALSH: I did not
MR. LALLY: Uh so you remained on scene at least for some period of time, correct?
MR. WALSH: Very briefly, but yes
MR. LALLY: And uh you referenced some officers from the Canton police department that were on scene when you were on scene, correct?
MR. WALSH: Correct
MR. LALLY: And without reference to anything said, which of them if any did you have any conversation with prior to leaving?
MR. WALSH: Uh Sergeant Goode
MR. LALLY: And uh just as far as what you told Sergeant Goode, what if anything did you relay to him before you left the —
MR. WALSH: I relayed to him that there were signs of trauma on the patient
MR. LALLY: And did you give any sort of further explanation as to the signs of trauma that you observed?
MR. WALSH: Yes, yes — I believe I told him what I told you about the hematoma on the eye and the blood in the nose and the scratches and lacerations on the arm
MR. LALLY: So you told Sergeant Goode what you've just testified to this jury, that you observed —
MR. WALSH: That's — I believe so
MR. LALLY: Miss Gilman, if I could ask for exhibit number 18 — to Walsh Walsh, what's up on the screen is exhibit 18, you recognize that?
MR. WALSH: yes
MR. LALLY: Uh 34 Fairview Road — is that — fair — you know, minus whatever the weather conditions are, a fair and accurate portrayal of what you observed that day at 34 Fairview?
MR. WALSH: Yes yes, okay
MR. LALLY: And so Lt. Walsh, if I could ask — using that laser pointer, if you could direct the jury's attention to where within this photograph, if you see it, that you observed Mr. O'Keefe's body when you first arrived?
MR. WALSH: Right in that general area
MR. LALLY: Thanks — may I have one moment? — no further questions for this witness
JUDGE CANNONE: All right, cross-examination
MR. YANNETTI: Yes, good afternoon sir
MR. WALSH: Good afternoon
MR. YANNETTI: I just want to ask you about the woman that you saw on scene who appeared to be screaming and crying — would you agree with me that she stood out to you because she appeared to be the most upset?
MR. WALSH: Yes I would agree with that, yes
MR. YANNETTI: And the loudest?
MR. WALSH: Yes, um she appeared to be crying more than others, yes
MR. YANNETTI: And she was screaming, right?
MR. WALSH: yes
MR. YANNETTI: And what you heard her say — I understand your testimony was that she just said "is he alive," correct?
MR. WALSH: That's what I recall, correct
MR. YANNETTI: In a loud voice?
MR. WALSH: yes
MR. YANNETTI: In a distraught voice?
MR. WALSH: yes
MR. YANNETTI: While she was crying, correct?
MR. WALSH: correct
MR. YANNETTI: I have nothing further
JUDGE CANNONE: Nothing further, Mr. Lally?
MR. LALLY: no
JUDGE CANNONE: All right, you are all set sir, thank you
MR. WALSH: Thank you