Closing Argument - Commonwealth

MR. LALLY: Thank you. "I hit him, I hit him, I hit him, I hit him." Those are the words of the defendant — four times. You heard testimony from four different witnesses who overheard and observed those statements from the defendant on January 29th, 2022. You heard testimony from firefighter Timothy Nuttall. He was trying to bag-valve mask Mr. O'Keefe. He's working on resuscitative efforts to try to save Mr. O'Keefe's life. He asked if anyone saw anything or knew what happened, and the defendant said, "I hit him, I hit him, I hit him, I hit him." Firefighter Anthony Flatley was asking if anyone had information on why Mr. O'Keefe was there in the snow. The defendant repeatedly said, "I hit him, I hit him, oh my God, I hit him."

MR. LALLY: Firefighter Katie McLaughlin was tasked by Firefighter Flatley with asking for biographical information and for what the cause was of the traumatic injuries that all the firefighters testified that they observed in Mr. O'Keefe. She asked the defendant, and the defendant said, "I hit him," repeatedly. Firefighter McLaughlin asked for clarification, "You did what?" and the defendant repeated, "I hit him." Jennifer McCabe stated initially over the phone when speaking with the defendant that the defendant said, "Could I have hit him in the car?" — while they're on the phone with Miss Roberts, going from McCabe's house to Mr. O'Keefe's house — "Did I hit him? Could I hit him?" Once on scene, once asked — as described by an EMT — name, age, things like that related to Mr.

MR. LALLY: O'Keefe, what caused the trauma, she indicated in her testimony that the defendant said repeatedly, "I hit him." Here is testimony from Officer Saraf — statements that he attributed to the defendant as saying that morning: "This is all my fault. This is all my fault. I did this." This is what the defendant is saying. Since then, stories changed a little bit, but those were the words that came from the defendant's mouth on January 29th, 2022, as John O'Keefe laid dying on the front lawn of 34 Fairview Road, where the defendant had left him after striking him with her motor vehicle several hours before, and then left him freezing there in a blizzard. There are certain things that have come up over the course of this trial as far as evidence and testimony concerned — little things.

MR. LALLY: And what I would suggest to you is it's those little things that are quite telling as it pertains to the defendant's statements and the defendant's actions over the course of January 28th and January 29th and beyond. I'm going to bring some of those to your attention as I go through, but just ask you to keep that in mind as— far as when you're deliberating, when you're reviewing this testimony and this evidence — the little things matter. The little things start piling up in this case. Throughout the course of this trial, you've heard a lot of purported evidence, or questions of witnesses in an attempt to distract you from the evidence in this case. It's essentially defense by obfuscation.

MR. LALLY: It's a three-card monte — the facts and the evidence in this case are your card, they're the queen of hearts. And so what the defense wants you to do is not look at that card — look at anything else, look at the movement, look at this person, look at that person, look at text messages, look at this — don't pay attention to the facts and the evidence, because if you do, what it will ineluctably lead you to is that the defendant is guilty of each of the three indictments before this court. The evidence and the facts of this case are for you, the jury, to decide, using your common sense, using your life experiences as your guide through that as you go.

MR. LALLY: Before I turn to that evidence that I will submit to you ineluctably demonstrates the defendant's guilt, let me first just address Trooper Proctor. The text messages from Trooper Proctor are unprofessional, they're indefensible, they're inexcusable. However, as distasteful as those messages are and their content is, I submit they had no bearing whatsoever or impact whatsoever on the integrity of the entirety of the investigation that Massachusetts State Police, collectively, collectively, conducted into John O'Keefe's death. Here, as was asked of Trooper Proctor on cross-examination, these were texts from his personal phone that he never thought would see the light of day.

MR. LALLY: He was asked whether or not he ever thought that he would be asked about these in a courtroom — put to him in sort of a safe space, a safe place for him to discuss, if you will. What do you not see in those text messages? You don't see any discussion or any allusion to any conspiracy, of any framing of the defendant, of any planting of any evidence. No evidence whatsoever. Why? Because it didn't happen. There is no conspiracy, there is no cover-up, there is no evidence of any of that beyond speculation — rampant speculation and conjecture on behalf of the defense. Two things can be true at the same time — they're not mutually exclusive: the texts from Trooper Proctor are distasteful, disrespectful, they're unprofessional, there's no defense to — and the defendant killed John O'Keefe.

MR. LALLY: Turning to the evidence, let me first talk a little bit about John O'Keefe. You heard a lot about him over the course of this trial — about his selfless story, through his family and friends that loved him, including his adopted niece and nephew. You heard a lot about the lives he touched and the different people who he had friendships with. You heard a lot from those particular friends and from his family. Turning to what I would submit to you was a timeline — this may be a little hard to see up here — what I'm going to go is from left to right. January 28th, 2022: 9:49 in the morning, Karen and John begin fighting over text messages. 2:25 p.m. in the afternoon, the defendant texts Mr.

MR. LALLY: O'Keefe, "Tell me if you are interested in someone else, can't think of any other reason you've been like this." John texts back, "Nope." 2:25 — Mr. O'Keefe texts the defendant, "Things haven't been great between us for a while, ever consider that?" This is also testimony that you heard through multiple sources — whether it be phones, whether it be from the children, whether it be from other friends or family members — as to the relationship in the months and weeks leading up to John's murder. 2:32 p.m. — John texts the defendant, "Sick of always arguing and fighting, it's been weekly for several months now." He then texts the defendant, "OMG, stop calling."

MR. LALLY: This is during the time frame that Trooper Guarino was talking about, with 18 phone calls, most of which were rejected, some of which were missed, and a couple of which were answered, over the course of this afternoon, as she's continuing to needle and try to engage him in a fight that he doesn't want to have. 2:33 p.m. — defendant texts John, "So you're not into this anymore." 2:34 p.m. — John texts the defendant, "I am not answering, stop calling." The defendant then texts John, "Then stop starting with me." 2:38 p.m. — defendant texts John, "I'm going to grab a drink in a bit." 2:38 in the afternoon, around 3 p.m., is testimony you heard from Erin O'Keefe in regard to the defendant texting her, asking if she can go out without her husband Paul, asking to go out for a drink.

MR. LALLY: This is while Erin O'Keefe testified she was waiting for one of her children at the bus stop, picking that child up around 3:00 in the afternoon. This is also the point at which the defendant says to Miss O'Keefe, "Wish I didn't speak to another O'Keefe after 2004." 7:30 p.m. — you have Mr. O'Keefe and Mr. Camerano arriving at C.F. McCarthy's, with the defendant arriving at 8:51. 8:58 p.m. is when the defendant receives drink number one at C.F. McCarthy's — [unintelligible] soda, tall cylinder glass, lime, and a straw. 9:13 p.m. — drink number two. 9:20 p.m. — drink number three. 9:33 p.m. — drink number four. 9:57 p.m. — drink number five. 10:22 p.m. — drink number six. 10:29 p.m. — drink number seven. Seven drinks from 8:51 — excuse me, 8:58 p.m.

MR. LALLY: — through 10:29 p.m., when she receives that last drink at C.F. McCarthy's. It's a drink that she indicates to Sergeant Bukhenik and several others on the next day that she did not take with her from C.F. McCarthy's to the Waterfall — which several individuals at the Waterfall testified that she produced from her coat when she walked in, and that you can clearly see on the C.F. McCarthy's video her walking out the door with the same tall cylinder glass in her right hand. Now, keeping in mind that some of these drinks are not the full tall cylinder drinks — what she's doing is she's getting shot glasses of vodka and then pouring them into the drink after she's consumed the drink. 10:54 p.m. — defendant and Mr.

MR. LALLY: O'Keefe arrive at the Waterfall, during the course of which, in an hour that they're there, the defendant receives drinks number eight and drinks number nine. 12:10 a.m. — from the Waterfall video you have Miss McCabe, Miss Proctor, and the defendant departing the Waterfall together. Interestingly, around the same time you also have the text and screenshot communications between Colin Albert and Allison McCabe in reference to him getting picked up at that time. You also have testimony from Brian Albert, Colin Albert, Caitlin Albert, Brian Albert Jr., in reference to them sort of walking in from the Waterfall as Colin Albert is walking out of 34 Fairview Road, gets picked up by Miss McCabe, and then is driven home. 1 minute later — 12:11 — Mr.

MR. LALLY: O'Keefe is then on the Waterfall video walking out with a cocktail glass in his right hand. At 12:14 a.m., Mr. O'Keefe texts Miss McCabe, "Where to?" 12:14 a.m. — based on the fact that she's driving, and McCabe indicated in her testimony that he should call her instead of texting while driving — Miss McCabe calls John O'Keefe, speaks with him regarding directions, sort of going over which way to come in — Chapman Street over Cedarcrest, as far as coming into Fairview Road. 12:15:38 a.m. — the defendant's vehicle drives by the Canton Library, you can see that on the video. 12:27:56 — the defendant drives by the Temple Beth Abraham camera, again you can see that on the video.

MR. LALLY: Remember also the testimony from Lieutenant Tully in regard to the CSLI data and the ranging data in reference to it coinciding with what you observe — [unintelligible] — from each of those respective videos. 12:29:32 — Mr. O'Keefe enters 34 Fairview Road into his Waze app on his phone. 12:23 a.m. is when the defendant conducts a three-point turn on Cedarcrest and travels back toward Fairview — that's from Mr. O'Keefe's GPS native location data from his phone. Around the same time, at 12:23 and 12:24, is when you have that testimony from Ryan Nagel, Heather Maxon, and Ricky D'Antuono pulling into Fairview Road around the same time and pulling in behind the dark SUV. 12:25 a.m. is the last native location GPS data of John O'Keefe's phone.

MR. LALLY: It's in that area between 32 and 34 Fairview Road where his body is discovered the next morning, in which there is no movement of that phone from that 12:25 a.m. period until Miss Roberts then picks up the phone on the grass underneath Mr. O'Keefe's body sometime after 6:00 a.m.

MR. LALLY: You have up on the screen right now that data — those plotting points that Trooper Guarino was testifying about — as far as the movement of the vehicle, movement of the vehicle as it comes down Cedarcrest, passes by Fairview, reverses direction, and then comes down Fairview, moving up, moving up as the witness described, eventually stopping in that area of the property line between 32 and 34 Fairview Road — which happens to coincide with the vehicle control history database information from the Toyota data which you now have up on the screen before you — indicating that following that three-point turn, approximately 8 minutes after that, from Trooper Paul's testimony as far as the mileage, 36 to 38 miles per hour, matching up with the time that the vehicle is in front of 34 Fairview Road —

MR. LALLY: that the vehicle travels in reverse in a straight line at 24.2 miles per hour for 625 feet with a minor steering angle change, which the trooper indicated was consistent with a pedestrian collision. At 12:30 a.m. you have that second triggering event, 8 minutes after the three-point turn, when the vehicle's in reverse at 24.2 miles per hour. 12:35 is when the defendant calls John and that's unanswered. 12:36 is around the time that the defendant's phone connects to the wi-fi at [unintelligible — Mr. O'Keefe's home address]. 12:37 is when the defendant leaves this voicemail So within minutes of that vehicle data going 24.2 mph in reverse for 625 feet, the defendant leaves that voicemail, seething in rage as she's screaming, "John, I hate you." 12:40 to 12:42, Miss McCabe is texting Mr.

MR. LALLY: O'Keefe — she tries calling Mr. O'Keefe, gets no answer. If you recall from her testimony, around this time frame, about 12:40, she was unsure whether the vehicle was actually still out front or if it had gone at that point, but she was looking for John because she had seen the defendant's vehicle in front of the house and no one had come in, so she was wondering where her friend Mr. O'Keefe was. 12:55, the defendant texts John, "See you later." 12:59, the defendant calls, leaves another voicemail for Mr. O'Keefe — exhibit 637 — sounded like, "John, I'm here with you, kid. Nobody knows f---." But somebody did know where Mr. O'Keefe was. The defendant knew exactly where he was. She had driven him there. She had struck him there. She had left him to die.

MR. LALLY: 1:02 a.m., the defendant leaves another voicemail with no content, and then she texts John, "Your kids are—" and then she texts John, "Your kids are alone." 1:09 a.m., the defendant texts John, "I'm back in Mansfield. The kids are home alone." She is not — as far as the GPS — you know, it never disconnects from the Wi-Fi until the following morning. There's no indication that Ms. Read left and went to her home in Mansfield at any point. 1:10 a.m., the defendant calls her parents. 1:11 a.m., she calls Mr. O'Keefe and leaves this voicemail: "John, I'm going home. I cannot — [unintelligible] — I need to go home. You, you are using me right now. You're another girl. She's sleeping next to me. You're a loser." 1:18 a.m., the defendant leaves another voicemail. Now, about 1:43 or 1:45 a.m.

MR. LALLY: is when Julie Nagel testified that they were leaving the house and she sees a large black object on the lawn near the flagpole while leaving 34 Fairview Road — doesn't think much of it at the time, is not expecting Mr. O'Keefe or any— —body to be out on the front lawn. 4:42 a.m., the defendant calls and speaks — the calls to her parents are finally answered. 4:49 a.m., the defendant calls Miss Camerano, screaming, "Where's Mike?" 4:53 in the morning is when the defendant instructs Kaylee [unintelligible] to call Miss McCabe — why? Because the defendant doesn't have Miss McCabe's phone number. Indicates that John didn't come home: "We got in a fight and I left him at the Waterfall."

MR. LALLY: Those are the first statements — the first version of events — that she's able to communicate out to the world as to what happened to Mr. O'Keefe, where he is: "We got into a fight. I left him at the Waterfall." 5:00 a.m., the defendant calls Kerry Roberts, saying, "John's dead." Kerry, Kerry, Kerry — Kerry hangs up the phone. 5:01, the defendant calls Kerry Roberts again. It's at this point that she indicates, "John's dead. He must have been hit by a plow." 5:07 a.m., the defendant leaves One Meadows Ave — you have the video of that, it's number 153 in exhibit 6, we'll get to that a little more in a moment. About 5:10 a.m., [unintelligible] calls Kerry Roberts. Miss Roberts starts calling hospitals, calling 911 — something that you would do if you didn't know where Mr. O'Keefe was.

MR. LALLY: For all of these hours that all of these other phone calls are being made and these text messages are being sent, and calling your parents, and all of these other things — no calls to 911 from the defendant while John O'Keefe is laying, freezing and dying from a brain injury and a skull fracture, on the front lawn of 34 Fairview Road. 5:11 a.m., the defendant's vehicle was seen on the Canton Library camera heading towards Waterfall — seems to be sort of retracing steps. 5:18 a.m., the vehicle is seen at Washington Street and Canton on the Temple Beth Abraham video, heading in the same direction that it was the night before when it was heading to 34 Fairview Road. 5:35 is when the defendant arrives at Miss McCabe's house. Roberts arrives shortly thereafter.

MR. LALLY: Both of them see the broken tail light at that time in the driveway. Now, that gap of 5:18 to 5:35 is way too much time to be driving from the area of the Waterfall to Jennifer McCabe's house. And as I indicated a moment before, heading in the same direction — same directionality — retracing the steps from the night before, heading towards 34 Fairview Road. Why is it that the defendant could see Mr. O'Keefe when they eventually get to Fairview Road and no one else can? It's because she knew exactly where he was. She had hit him and left him there the night before. She had gone back during that time frame — between 5:18 a.m. when she's seen on the Temple video and 5:35 when she arrives at McCabe's.

MR. LALLY: 5:23 — I'm sorry, 5:33 — is when the defendant, Miss McCabe, and Miss Roberts return to One Meadows Ave, searching for John. 6:03 is when the defendant — no one else — spots Mr. O'Keefe's body buried in the snow. Exhibit 12, indicating this cruiser camera video, which I know you've seen a dozen times before — so where I'm starting it from, this point, this part right here, is the spotlight that Officer Saraf had to use in order to locate — even with the vehicle of Miss Roberts parked right in the middle of the road — in the darkness, in the snow, in the blizzard, in those conditions — the defendant, sitting in the backseat of the vehicle, knows exactly where Mr. O'Keefe is, covered in snow.

MR. LALLY: As you heard from all of the paramedics, from the civilian witnesses, from the first responders: the defendant knows exactly where he is. 6:07 a.m., Miss McCabe calls 911. 6:08, the defendant leaves that four- or five-minute voicemail — leaving the phone in the car for some reason — to Mr. O'Keefe's phone. 6:23 and 6:24 in the morning is when Miss McCabe conducts those Google searches. 7:50 in the morning is when Mr. O'Keefe is pronounced deceased at Good Samaritan Hospital. 4:13 to 4:20 p.m. is when the defendant's SUV is towed from her parents' house in Dighton. 5:20 p.m. is when the scene team arrives in the area of 34 Fairview Road to conduct a search for evidence. 5:30 p.m. is when the defendant's vehicle arrived at the Canton Police Department.

MR. LALLY: So let's circle back for a moment to Mr. O'Keefe — to his family, to his friends, and to his relationship with the defendant. You heard testimony from Paul and Erin O'Keefe that they liked the defendant, that they thought she was good for John, thought she was good for the kids. All outward appearances of the relationship were good. You have heard testimony from the children that that was not true behind closed doors. But Paul O'Keefe testified that he told the defendant's parents that he liked her, that he thought she was good for John, thought she was good for the kids.

MR. LALLY: Weeks before John's murder, he even blew her a kiss in the emergency department at Good Samaritan as he was walking out and she was still being treated while they were there — invited her over to John's house to grieve with him, invited her to sit down with him while he explained to their nephew Patrick about John's passing. The defendant shows up at the house, abruptly goes upstairs with her father for a period of about 15 minutes — which is about half of the time that she spent there that morning grieving with the family. She left with a bag of her belongings, drove with her family there, and then took an extra vehicle.

MR. LALLY: In the height of the blizzard, around 12:00 or 1:00 in the afternoon, drives that vehicle all the way from Canton — where it was parked at her boyfriend's house where she stayed over on many occasions — drove that vehicle, or felt the need to drive that vehicle, from Canton all the way down to her parents' house in Dighton at the height of the blizzard. You heard testimony from Marietta of the text messages and the phone call on January 28th. Heard that Erin O'Keefe called the defendant on the morning of the 29th because she was concerned — she wanted to know what was going on with someone she considered her friend. The defendant yells, "John is dead." Miss Roberts grabs the phone and then updates Erin O'Keefe as to what's going on with John.

MR. LALLY: Erin O'Keefe again calls back later because she's concerned for someone that she considered her friend. How does the defendant respond? The defendant indicates to Miss O'Keefe that she just has to remember the bad times, and indicates to her, "I don't think I'll ever see you guys." This is after she's done her quick in-and-out at One Meadows Ave and is now with her parents or with her father, driving that car — essentially taking the murder weapon from Canton and bringing it down to her parents' house and to Dighton. She's indicating over the phone to Erin O'Keefe, "I don't think I'll ever see you guys." Why, if she didn't kill John, would she say that? You heard a lot of testimony about New Year's Eve.

MR. LALLY: You heard the testimony from Miss O'Keefe in regard to them — Erin and the defendant — exchanging text messages on the flight down, arranging times to meet up, and then the defendant telling Erin via text message that she caught Johnny kissing Laura's sister in the hotel lobby. She got into an argument about it and then they never met up — meaning the defendant and O'Keefe got into an argument about it and she and Erin O'Keefe never ended up meeting up in a room. [unintelligible] — Laura Sullivan, Marietta Sullivan, as well as the children — the kiss never happened. It never would happen based on the relationship, the godfather relationship that John O'Keefe had with Laura Sullivan, her family, and particularly Laura Sullivan's child.

MR. LALLY: The defendant persists with this unfounded suspicion and accusations of infidelity in her text messages with Mr. O'Keefe, in her text messages with Mr. Higgins, where she's accusing Mr. O'Keefe of making out in the lobby with Marietta Sullivan. Both of the Sullivans and the children have the defendant and Mr. O'Keefe, following this incident with Marietta Sullivan, going into a room. Both of the children testified that they're in that room for about 20 to 25 minutes, and they're arguing — they're arguing about the defendant indicating that Mr. O'Keefe kissed someone in the lobby. And you have Laura Sullivan's testimony: about 20 to 25 minutes after her sister comes out and states her displeasure about the defendant, it's about 20 to 25 minutes before Mr.

MR. LALLY: O'Keefe comes out, and then he and Miss Sullivan have a conversation. Miss Sullivan indicates that Mr. O'Keefe's phone is essentially blowing up, lighting up with calls and texts from the defendant. I would submit, similar to the afternoon of January 28th, Mr. O'Keefe says she's crazy and he needs to take this, and goes off. Miss Sullivan has later conversations with Mr. O'Keefe on this Aruba trip, asks him if he's okay, asks him if he's happy. She indicated in her testimony that Mr. O'Keefe shrugs it off and says it is what it is. You heard testimony from the children about the arguments in the weeks and the months — and I know this is a displeasure to defense counsel — that the children came in and actually testified as to what happened behind closed doors in the house.

MR. LALLY: They both recall frequent fights. They both recall Mr. O'Keefe trying multiple times to break up with the defendant, asking her to leave the house, the defendant refusing to leave the house. His niece Kaylee testified that John tried to diffuse the situation and tried to walk away, and the defendant would follow each time. During each argument, they both indicated that Mr. O'Keefe had told the defendant that the relationship had run its course — similar to language within the text messages you have between the defendant and Mr. O'Keefe — that Mr. O'Keefe was sick of arguing, again mirroring those text messages from January 28th, leading up into going out to C.F. McCarthy's, eventually the Waterfall, and the defendant killing Mr. O'Keefe in the early morning hours of January 29th.

MR. LALLY: We have the testimony in regard to the Ring cam. Kaylee indicated in her testimony that John had had that for about a year, so during the course of two years or so of the relationship with the defendant, he got it while he was dating the defendant. The defendant had the security code to the garage. Neither of the kids had access to the cameras. — checked the laptop and the desktop that were left after the defendant did the quick clean-up upstairs with the father upstairs in the home. Neither of those devices had access to the Ring cameras. John had access on his phone. The defendant indicates — if you recall in some of those text messages — in regard to the romantic kiss that she placed on Mr. Higgins earlier, on January whatever it was, during a Patriots game — Mr. Higgins, who Mr.

MR. LALLY: Jackson was indicating weren't very good friends with Mr. O'Keefe, but had been invited over to his home for a Patriots game — at which time the defendant escorted Mr. Higgins out of the garage and placed a romantic kiss on him. But during those text messages, when they're talking about that, if you recall, the defendant is saying something or joking about something: that Mr. O'Keefe had been looking at the videos and had been asking her if there was something going on with her and Mr. Higgins. And what was her response to that? "I know where the cameras are off." There were only two videos missing from that Ring system — one being the defendant getting to Mr.

MR. LALLY: O'Keefe's house after murdering him, and the other when the defendant is showing Miss McCabe and Miss Roberts the broken tail light — both of which Miss McCabe and Miss Roberts testified as having occurred. No video. A variety of stories that the defendant tells on the morning of January 29th. There were text messages and voicemails from the defendant to Mr. O'Keefe — 53 phone calls from 12:33 a.m. to 6:03 a.m. Zero phone calls to 911. The defendant calls Katie Camerano, then calls her parents at 1:18 in the morning, 4:38 in the morning, 4:42 in the morning. The call then from Kaylee's phone to Miss McCabe, because the defendant didn't have Miss McCabe's phone number. Both Kaylee and Miss McCabe indicate that the defendant initially indicates — or says — that she got into a fight with Mr.

MR. LALLY: O'Keefe and left him at the Waterfall. From this information, Miss McCabe then testifies she starts to call, uh, Julie Albert out, because Chris Albert, Julie Albert, they live close by the Waterfall — maybe that's where he went. As the phone is ringing — this is a phone call that both Miss Albert and Miss McCabe testify was never answered — as the tone is ringing, her husband Matthew McCabe reminds her that they saw the defendant and Mr. O'Keefe and the car outside of 34 Fairview. So she hangs up. During this call, or during these subsequent calls, the defendant indicates to Miss McCabe, "Maybe I hit him. Did I hit him?" She then calls Miss Roberts at 5:00 a.m. on the dot and indicates, "John's dead," hangs up the phone, calls back a minute later, indicates that Mr.

MR. LALLY: O'Keefe was now hit by a plow and that he's dead, and then indicates further that she's drunk and doesn't remember. She tells Miss McCabe about the cracked tail light before they even get in the vehicle and go anywhere. As you recall, the testimony of Matthew McCabe indicating that he had some concerns about them driving around in a vehicle with a damaged tail light in the middle of a blizzard. Miss Roberts' testimony that she saw the broken tail light in the driveway at Miss McCabe's house and that it was consistent with what she observed in the photographs that were of it later in the sallyport at the Canton Police Department garage when the search warrant is executed on February 1.

MR. LALLY: You have the text messages between the defendant and Laura Sullivan from January 29th, in which the defendant indicates to Sullivan that John is dead, indicates that "we found him in the snow at 5:00 a.m." — and every indication is that he was found in the snow by the defendant and Curt Roberts around 6:03 a.m. An hour before 5:00 a.m. would be between that time where the defendant is accounted for, heading in the direction of 34 Fairview Road, 5:18, 5:35. A telling thing — Yannetti asked Miss McCabe to Google "how long does it take to die in the cold." She did so at 6:23 and 6:24 in the morning. You have the testimony of Miss Hyde and Mr.

MR. LALLY: Whiffin as to SQLite databases, plist databases, KnowledgeC databases, stateDB tables — as far as all of that, also from the testimony, as well. These searches were unequivocally done at 6:23, 6:24 in the morning, and not at 2:27 and 47 seconds in the morning. They were not deleted by a user — that is not what "deleted" means. Frankly, the last question that I asked Mr. Green: was he aware that Cellebrite — and by Cellebrite, the person who designed that being Mr. Whiffin — had to alter exactly how their software worked because of people like Mr. Green misinterpreting the data as he did in this case? And what did Mr. Green say? Yes.

MR. LALLY: But those questions — as far as "how long to die in the cold" — I would submit are nearly the questions that the defendant asked firefighter Whitley in the back of the ambulance. If you recall, she asked firefighter Whitley how long it takes to die in the cold without a jacket. She knew how Mr. O'Keefe was dressed. She knew when she left him to die in the cold how he was dressed. She made statements to firefighter Becker that the last time that she saw Mr. O'Keefe they were in an argument — again in the back of the same ambulance, as with firefighter Whitley. You have testimony from firefighter Woodbury — same kind of questions: if Mr. O'Keefe could be alive without a jacket.

MR. LALLY: You have the testimony from each of these firefighters as to sort of the vacillating emotional state of the defendant that morning. What you have in the testimony from firefighter Woodbury is that despite all that, there were no tears that he observed from the defendant at that time. What each of those first responders indicate is that the defendant repeatedly stated, "Is he dead? Is he dead?" — not "Is he okay?" "Is he going to be okay?" "How is he?" — any sort of questions about the medical condition. "Is he dead?" — that phraseology, repeated over and over again. And when you take into account that phraseology — text to Laura Sullivan, "Found him in the snow at 5:00 a.m."

MR. LALLY: — his unaccounted-for time, heading in the direction of 34 Fairview Road, 5:18, 5:35 — the repeated questioning of firefighter Whitley and firefighter Woodbury, asking Miss McCabe to look up those things in her phone — she's looking for confirmation, is what she's looking for, when she asks over and over again, "Is he dead? Is he dead? Is he dead?" You have the testimony that you heard from Miss McCabe and Miss Roberts. I say them together because, as far as these two women were concerned, they did not know each other really at all. The only time, as they both testified to, that they had ever spent appreciably together prior to January 29th, 2022, is when Mr.

MR. LALLY: O'Keefe nicely took them out for sneakers because he had some sort of deal at a Reebok Outlet or something like that — to sort of try to pay them back for the help that they provided him and the children: Jennifer with respect to the niece, and Kerry with respect to the nephew. But they're both contacted by the defendant in the early morning of January 29th. As Mr. McCabe testified, "John was my friend. I love John. He was an amazing guy." At the Waterfall, Mr. Albert said he was going home to have a drink with his son Brian Jr. — if anyone wants to come, open invitation. She said to Mr. O'Keefe and the defendant, "You guys should come." Both the defendant and the victim indicated that they wanted to come and that they were coming.

MR. LALLY: She She describes the phone calls and the text messages that she receives — Mr. O'Keefe, that she's providing directions. She indicates she's providing them directions to go down Chapman — excuse me, going down Fairview, coming off Chapman. If you first go down a big steep hill, it flattens out for a little bit and then you go down a second two hills going down on Chapman, matching the GPS native location and the health data as far as where Mr. O'Keefe's phone is a half mile away from 34 Fairview Road at the time that his health data is reporting that he's ascending or descending three flights of stairs. You hear the testimony from Miss McCabe as far as the last time that she spoke to Mr. O'Keefe. She's still trying to provide directions to Fairview because Mr.

MR. LALLY: O'Keefe has never been there before, and neither has the defendant, which is further corroborated in

MR. LALLY: 's testimony as far as the vehicle passing by Fairview and then coming back in on the other side, having to reverse direction. But she's giving directions, and she indicates that she uses a house that Mr. O'Keefe would be familiar with, that belonging to Bella or Bella's mom. Bella's mom is an ex-girlfriend for a short period of time from a long time ago. However, in the defendant's mind, it's so pressing on her mind that she's still talking about it the next morning — or later on that morning — when she's riding going towards Fairview Road with Miss Roberts and Miss McCabe in Miss Roberts's car. She's still talking about that at that time. It's that much on her mind.

MR. LALLY: Miss McCabe indicated that she looked out, she saw a vehicle initially in front of the front door, as did Mr. McCabe, as Brian Albert Jr., as Julie Nagel, as Ryan Nagel, and the vehicle moved up several times — or several spots — to where it was then positioned initially at some point in front of the door. Then it moves up further, so that it's in the area of the fire hydrant and the flagpole where Mr. O'Keefe's body was discovered later on that morning — at least by Miss McCabe and Miss Roberts — and then moves up further beyond that. And I say that in the sense it moves up further beyond that with sufficient distance for it to then go in reverse for 62 and a half feet at 24.2 mph, striking Mr. O'Keefe and leaving him where he was found later on on the 29th.

MR. LALLY: Again, the testimony from Miss McCabe that about 12:40, when she's texting him, she indicated in her testimony she couldn't be certain if Mr. O'Keefe was still out front or had left at that point. She wakes up to a phone call from John's niece Kaylee, at 4:53 in the morning. This is from an eighth grader, a 14-year-old girl — that's why she answers the phone at 4:53 in the morning. She then hears the defendant screaming loudly, over and over again: "Jen, Jen, Jen — John didn't come home, got in a fight, left him at the Waterfall." The variations, different iterations of that story as it evolves and changes over the course of that morning. Miss McCabe then indicates to the defendant, "We saw you outside of my sister's" — then she starts yelling, "Jen, Jen — did I hit him? Could I hit him?"

MR. LALLY: Then they start discussing, or the defendant brings up her cracked tail light. Then both Miss McCabe and Mr. McCabe hear the defendant screaming outside of their home at about 5:00 in the morning, shortly after 5:00 in the morning. They go to Mr. O'Keefe's, and both Miss McCabe and Miss Roberts indicate — and you heard this testimony from a number of different witnesses, friends and family of Mr. O'Keefe — that he had a rule, a pretty strict rule in his house, as far as you take your shoes off when you come in the house. So what did Miss McCabe and Miss Roberts both do when they're entering that house on January 29th? They take off their boots — in the snow, they take off their boots in the mudroom, and then they walk in.

MR. LALLY: What did they both indicate that the defendant did that morning when she came back to the house? Walked right in with the shoes. You hear that second voicemail — it's after the defendant arrives back at O'Keefe's, after her phone is reconnected with Mr. O'Keefe's Wi-Fi — and you can hear the footsteps. Part of that may be in the garage, part of that might be in the house. Why is it that the defendant had no issue with wearing shoes in the house when Mr. O'Keefe had that strict rule? Because she knows where he is. She knows it's not an issue. He's not coming home, because she hit him with her SUV and she left him in the snow. Miss Roberts and Miss McCabe frantically sort of running around the house looking for Mr. O'Keefe — the defendant, not.

MR. LALLY: They then get in the vehicle, they drive back towards Fairview Road, and again the defendant — from the backseat of the vehicle — immediately sees O'Keefe. The defendant starts pulling and kicking on the door and runs in a beeline straight over to where Mr. O'Keefe is laying on the front lawn. We have the testimony from Miss Roberts as far as John's phone. John's phone — when the firefighters pick him up, and you recall several witnesses testifying about that — pick him up on a scoop stretcher, and they bring him over to the ambulance, while they're conducting resuscitative efforts, trying to save Mr. O'Keefe's life.

MR. LALLY: Miss Roberts indicates that she observed underneath — the phone on the grass, on the grass in the area that is completely covered in snow in every other area except under Mr. O'Keefe — which I would submit indicates how long Mr. O'Keefe has been there. Now, recall around 12:00 or so is when it starts to snow and it starts to stick a little bit. You heard all that testimony and I know it was a lot of testimony about snow and a lot of testimony about weather, but there's a purpose to that. There's a point to that. As far as the grass underneath Mr. O'Keefe's body where his cell phone was — Miss Roberts observed, some six hours later after it starts snowing, is still visible only under Mr. O'Keefe where his body is — which I would submit is evidence to you as to how long he's been there.

MR. LALLY: removes all those pieces from the vehicle. The weather is also important when it comes to the hair — the "magic hair," as Mr. Jackson likes to call it.

MR. LALLY: — that's the indication of the swelling that Dr. Scordi-Bello was testifying to, with no indication of physical application. And then both eyes being swollen when Miss Roberts viewed Mr. O'Keefe's body after his passing at the Good Samaritan.

MR. LALLY: about the heated condition of the Canton Police Department garage — and that's one of the reasons that they took it there, because the other barracks that they could have taken it to didn't have that heated condition. So yes, after it's been in there from January 29th, about 5:30 p.m., until February 1st, when they conduct the search warrant, the hair is still frozen as it's contained within a heated garage. And the pieces of glass on the rear bumper have melted, the snow has melted, as you can see from the left. The weather also important — I would submit weather was a weapon. Remember, the cause of death here is not just blunt impact injuries. It's blunt impact injuries and hypothermia.

MR. LALLY: Now, on top of that, you also have hours of Ring videos of the driveway — as far as shoveling, and Paul O'Keefe and other people snowblowing and shoveling and all those kinds of things. There's a purpose to that as well. If you look at those — if you look at the video of the defendant crashing into Mr. O'Keefe's vehicle at a speed of anywhere from zero to five, which even Dr. Wolfe would indicate would not cause the damage to the tail light that was observed in this case — you know what you don't see? You don't see snow move off Mr. O'Keefe's vehicle when they come into contact. You don't see any red or clear plastic pieces in snow.

MR. LALLY: And if you look at those stills — not the ones that counsel put up there during his closing — but if you look at each video in the stills, you can see the damage consistent with the tail light at each and every point. You see the damage consistent with the tail light from the 507 video. You see the damage consistent from the A22 video, from Lieutenant Rae, from the cruiser camera video when he's pulling into the driveway. You see the damage consistent from the Dighton video at the defendant's home. You see the damage consistent from — right here, February 1st, 2022 — when the search warrant is conducted.

MR. LALLY: See, the magic hair was actually frozen to the vehicle, as was the glass to the bumper, because the vehicle looked like that on the left when it was caked in snow, when Officer Barros saw it in the driveway in Dighton, as they were wading through a foot and a half of snow walking up. You remember, they didn't even pull into the driveway because they had to have someone come down and plow it before they could get in. That's what the vehicle looked like. What you can see, however, is the damage to the tail light, to the side of that tail light, consistent with it. So that hair — that 7/8 of an inch hair — was frozen to the side.

MR. LALLY: And as you remember the testimony from Sergeant

MR. LALLY: You heard all that medical testimony in relation to it, and you heard all that testimony in relation to snow and the weather and the wind — gusts up to 37 miles per hour — while Mr. O'Keefe is out there in just a shirt and jeans. Now you heard also testimony from Miss Roberts in relation to the injury she observed to Mr. O'Keefe, that's initially on scene. There was one eye that was swollen, not the other —

MR. LALLY: I would submit that all the testimony tells you the same consistent account — internally, externally — from civilian testimony to investigator testimony to medical testimony to forensic testimony to reconstruction testimony. You have the testimony from Miss McCabe and Miss Roberts that they couldn't see Mr. O'Keefe at Fairview when they initially pulled up. You can see that from Officer Saraf. You have Mr. O'Keefe being covered in snow from the storm. You know where Mr. O'Keefe's body was — it's clearly visible on the cruiser camera from Officer Saraf. You have the testimony from each of the responding officers, anywhere from 5 to 12 feet off the roadway, and from the civilians as well. Miss McCabe, Miss Roberts. Officer Mullaney has six inches of snow on Mr.

MR. LALLY: O'Keefe when he first sees it. Firefighter Kelly says that he couldn't even see Mr. O'Keefe until he was 5 feet away, in the darkness, in the snow, in the blizzard conditions. There's no footprints around the body, there's no drag marks around there, there's no evidence of anything in relation to Brian Albert and Brian Higgins. Brian Albert and Brian Higgins spent January 28th, 2022 traveling to New York City to go to a funeral for another police officer, for another department who they didn't even know — traveled all the way down to New York and then came back before the blizzard, only to come back from that to go out drinking, to come back to Mr. Albert's house, to then murder another police officer who they did know, who worked for the same department as them.

MR. LALLY: And then criminal mastermind genius that Brian Albert is — 28 years on the Boston Police Department — he's then going to just leave Mr. O'Keefe's body on his front lawn? Really? That's the conspiracy. What evidence do you have of that? You have statements that the defendant made to Sergeant Bukhenik on January 29th. She was willing to speak but didn't want to give too much detail. Conversational tone throughout. She indicated that the night before they had gotten into an argument — something about what was fed to the children. Nothing about the detailed arguments and incessant phone calls and everything else that you saw from the defendant and Mr. O'Keefe's phone on the 28th. She indicated that she got to C.F. McCarthy's around 9:00 p.m., started drinking vodka sodas.

MR. LALLY: The men were drinking beers. When asked where she parked her vehicle, she said she parked on Washington Street across from C.F. McCarthy's, facing northbound, on the same side as Waterfall — same testimony that you heard from Miss Kolokithas observing the defendant going over to her vehicle, getting into the driver's seat, and the victim, Mr. O'Keefe, getting into the passenger seat. She said they left the Waterfall, were invited to a residence. She drove her and John to the location in Canton. She dropped Mr. O'Keefe off, did not see him walking in the home. She — the defendant — stated she made a three-point turn and then left. When asked about the damage to her vehicle, she indicated to the Troopers, "I don't know, it happened last night."

MR. LALLY: June 2022 — you have that other reporting of that other version that she has now evolved into, as far as stating to Sergeant Bukhenik, "Are you aware that John was beaten up by Brian and Colin Albert? We're all in on the same joke, right? John was pulverized and my tail light was cracked." What evidence do you have of that? Mr. O'Keefe never went in the house. You have testimony from Nicole Albert, Brian Albert, Jennifer McCabe, Matthew McCabe, Caitlin Albert, Brian Albert Jr., Sarah Levinson, Julie Nagel — all indicating he never went in the house. John O'Keefe's phone never went in the house, from the testimony and the data points that you have from [unintelligible]. You know how Mr. O'Keefe was dressed, and you know that the defendant knew that.

MR. LALLY: You have the testimony from Curt Roberts, Jennifer McCabe, Matthew McCabe, Karina Kolokithas, Nicholas Kolokithas, Brian Albert, Nicole Albert, Brian Higgins — all indicated in their testimony — and the defendant knew, based on her questions to the firefighters the next morning, that Mr. O'Keefe was not dressed for the weather when he left the Waterfall. The weather was a weapon. You have the testimony about the car, the defendant's car being there in front of the house, moving multiple times. You have that from multiple sources. You have that from Matthew McCabe, you have that from Jennifer McCabe, you have that from Brian Albert Jr., you have that from Julie Nagel, you have that from Ryan Nagel.

MR. LALLY: You have the testimony of Ryan Nagel, Ricky D'Antuono, and Heather Maxon — and Maxon indicating she saw a male passenger, female operator, as the vehicle was turned. Remember, they're coming towards Fairview at the same time. The defendant, after conducting that reverse or three-point turn on Cedarcrest, is then taking a right on Fairview while Mr. Nagel, Mr. D'Antuono, and Miss Maxon are taking a left on Fairview. Mr. Nagel indicates that Mr. D'Antuono then flashes lights during that time. Miss Maxon can see inside the vehicle. She sees a male passenger, she sees a female operator. They follow the vehicle as they're turning onto the street. Lo and behold, they're going to the same residence. They park. There's nothing in between them and the defendant's vehicle.

MR. LALLY: They indicate that at no time do they see anybody get out of the vehicle, at no time do they see any damage to the vehicle — or it hasn't happened yet — at no time do they see anyone leave the vehicle and go into the house. Vehicle moves up on different successive occasions as specified to by Mr. Nagel and several others. And then, as they're passing that vehicle, Mr. Nagel indicates that he sees a female operator in the vehicle with the dome light on. Interesting — when I asked Mr. Nagel, as far as when Julie Nagel came out to the vehicle, did he roll down the window or did he open the door? He indicated he opened the door. And I asked him, "What happened when you open the door?" What happens when you open the door to a vehicle? The dome light comes on.

MR. LALLY: So this is the reason I would submit — or the inference that you can make — is that no one sees Mr. O'Keefe in the vehicle because that's the moment he steps out of the vehicle. And then they're gone — Nagel, Ricky D'Antuono, and Heather Maxon drive away from there. Here, the testimony from Julie Nagel and Sarah Levinson — the peanut butter and jelly sandwich conversation they have with Miss McCabe — while they're pulling away from the house, where everybody's attention is drawn. Miss McCabe has turned around facing both of them in the back seat. Miss Nagel is facing Miss Levinson on the passenger side, looking out the window towards 34 Fairview Road.

MR. LALLY: Miss Levinson is looking back at Miss Nagel, away from that area, in which Miss Nagel indicates that she sees a 5 to 6 foot dark blob on the lawn near the pole and the hydrant — which is just where Mr. O'Keefe is discovered the next morning. You have the testimony — recall, when you have text messages in regard to Colin Albert, when he gets picked up — "five minutes?" Yes — Colin Albert, Allison McCabe, Brian Albert, Nicole Albert, Caitlin Albert, Brian Jr. — all indicating that he was picked up around that time, at 12:10 a.m. You have the testimony from Chris and Julie Albert, his parents, as far as when he comes home and kisses them good night before he goes to bed.

MR. LALLY: You have that testimony in regard to Chris Albert as far as how John O'Keefe and the defendant come to be at the Waterfall in the first place — as far as John O'Keefe and his nephew coming in early in the day, getting a couple slices of pizza. "What are you doing later on?" Contained within those texts — you have testimony from Lieutenant O'Hara, Lieutenant Tully, Sergeant Bukhenik about those items being recovered — in particular, the items being recovered on January 29th by that search. What did Lieutenant O'Hara say? The items were found close to the curb. The items were at ground level. 3 feet of snow that they had to sift through in order to find those particular things. The detail — or the delay — in the recovery of evidence.

MR. LALLY: The photos and the video, most of which you have in evidence, is earlier in the storm. This is before the 18 inches of snow falls, before there are drifts and 3 feet of snow in places. They found the evidence where it had been — at that same ground level in the grass — under the snow at 34 Fairview. We heard all of the medical testimony, which I would submit is consistent, from firefighter Flatley to Dr. Rice. We heard testimony regarding the defendant's blood alcohol concentration from Dr. Faller and Nick Roberts — 93 milligrams per deciliter, .07 to .08% at 9:08 in the morning. We heard Mr. Roberts's testimony in regard to the retrograde extrapolation: .13 to .29, extrapolating back to the time of the operation. The defendant admits to drinking vodka — it's on the receipts from C.F.

MR. LALLY: McCarthy's and from the Waterfall — and you have the witness testimony and the surveillance video. In regard to the forensic testimony, in regard to the medical testimony, you have the patterned abrasions — clear plastic — that's recovered by Lieutenant O'Hara and Lieutenant Tully on January 29th. The clear plastic that has the dimples on it. No one — not Trooper Paul, not anyone at any point in time — ever said Mr. O'Keefe's arm was out like this at the time that he struck, and then he did a pirouette and then flew 30 feet in the air. 12 inches of abrasions — that the doctors, the biomechanical people, were talking about yesterday — 12 inches, and then 6 inches for the tail. It is easily solved by this.

MR. LALLY: And the dimples on his arm, I would submit, are consistent with the dimples on the tail light cover piece, right around this area of the elbow. We have the testimony in regard to, for instance, Mr. Porto, Mr. Bradford — John O'Keefe's DNA is on that tail light housing. His DNA is there, to the exclusion — as well — of Sergeant Bukhenik and Trooper Proctor. Mr. O'Keefe's DNA is on the exterior of the broken drinking glass. Mr. O'Keefe's DNA, and only Mr. O'Keefe's DNA, is on his clothing and his fingernails — consistent with Dr. Scordi-Bello's testimony that there is no evidence of a fight or an altercation. There's no one else's DNA under his fingernails, there's no one else's DNA on his clothing. You have testimony from [unintelligible]

MR. LALLY: and Trooper Paul as regards to the damage that they observed — the dent, the scratches, the [unintelligible] of hair there. You have testimony from Miss Chart in regard to the mitochondrial DNA profile from that hair being consistent with the DNA profile of Mr. O'Keefe. You have the testimony from [unintelligible] and Miss Hanley in regards to the microscopic pieces, 11/16 of an inch by 1/16.

MR. LALLY: Yes. All consistent with pieces of tail light that are found within his clothing. Mr. [unintelligible], if I [unintelligible] 605 — this is what this vehicle looks like backing up at that speed for approximately that distance. [unintelligible] Years and years ago, started practicing in Norfolk County and Braintree, what is now Quincy — eventually became a far smarter man than myself, eventually became president of the United States. His name was John Adams. John Adams once wrote: "Facts are stubborn things, and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of the facts and the evidence." What the constellation of the facts and the evidence [unintelligible] demonstrate here was that the defendant drove her vehicle in reverse for 24.2 mph for 622 feet, struck Mr.

MR. LALLY: O'Keefe, causing those catastrophic head injuries, leaving him incapacitated, [unintelligible] death.

MR. LALLY: Okay. I'll have one sentence. One sentence.

MR. LALLY: From those facts and that evidence, I would submit [unintelligible] demonstrates their guilt on each count in the indictments before you, and I would ask that you find it. Thank you.