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Day 4 - May 3, 2024

McLaughlin Testimony, Jury View, And Emergency Response

18Proceedings
9Pages
4Witnesses
2,323Lines
14 sidebars
Day 4 of 35
Appearing:

McLaughlin completed testimony, jurors viewed 34 Fairview Road, and emergency responders described the response and later transport.

Full day summary

Katie McLaughlin completed cross-examination and redirect testimony about her relationship with Caitlin Albert, her knowledge of 34 Fairview Road, and differences between her prior statement and trial testimony. Outside the jury's presence, the court excluded four social-media photographs while allowing limited questioning about the relationship and social-media connection. Jurors then viewed 34 Fairview Road under instructions that their observations could be considered during deliberations. Canton fire and ambulance personnel described finding and treating John O'Keefe, the snowy response conditions, and Karen Read's later Section 12 transport. The court also addressed exhibit admissions, redactions, and renumbering.

Katie McLaughlin β€” Cross-Examination (Part 2)

After the sidebar, McLaughlin agreed that her statement to Trooper Proctor was not the same as the statement she gave jurors the prior day.

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Katie McLaughlin - Voir Dire (Prosecution)

The judge excluded the exhibits but allowed limited questioning about the relationship, socialization, and social-media friendship connection.

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Jury View Instructions and Scene Orientation

The court instructed jurors that the view of 34 Fairview Road was part of the case and that their observations could be considered during deliberations.

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Greg Woodbury - Direct

Woodbury described finding Mr. O'Keefe lying on his back, parallel to the street and about eight feet from the snowbank, then beginning resuscitation efforts.

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Greg Woodbury - Direct

Woodbury explained that responders treated Mr. O'Keefe as a hypothermic cardiac-arrest patient and described the need for extended resuscitation and warming.

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Jason Becker - Direct

After defense counsel challenged authentication of a separate engine report, the judge allowed only the witness's report; it was admitted as Exhibit 383.

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Exhibit Renumbering and Video Review

The court directed counsel to renumber admitted exhibits consecutively so the record and jury exhibits would be in order.

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Beverly J. Cannone
“The observations that you make while on the view may be used and considered in your deliberations in reaching a verdict.”
The court explained that jurors' observations during the scene visit could be considered in deliberations.
Greg Woodbury
“He was lying supine, like on his back. He was parallel to the street, about eight feet away from the snowbank.”
Describes Woodbury's initial observation of Mr. O'Keefe's position.
Video thumbnail for Day 4 β€” McLaughlin, Jury Trip, Woodbury +2 more 8h 10m
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1. Katie McLaughlin β€” Direct (Part 2)

Katie McLaughlin continued describing John O'Keefe's clothing and where she found him at 34 Fairview Road.

Procedural
Procedural - Motions
14 lines
sidebar
Video Exhibits and Redaction Procedures
38 lines

The court addressed advance review of video exhibits, protection of personal information through redactions, exhibit-handling procedures, and courtroom formality.

Direct
Katie McLaughlin Adam Lally
38 lines

Katie McLaughlin testified that John O'Keefe was wearing jeans, a dark-colored light zip-up jacket, and one sneaker; she said his clothing was soaked through and that she saw no tears or holes. Shown Exhibit 18, she identified 34 Fairview Road as the call address and said she remembered the patient as off the road, to the left of the house near a fire hydrant.

2. Katie McLaughlin β€” Cross

Katie McLaughlin's cross-examination examined differences in her accounts and her relationship with Caitlin Albert; the court excluded social-media photographs but allowed limited relationship questioning.

Cross
Katie McLaughlin Alan Jackson
220 lines

Defense counsel used Exhibit 381 to examine Katie McLaughlin about the positions of Karen Read, a civilian woman, and a police officer when McLaughlin reported hearing a statement. McLaughlin agreed that her January 30 report to Trooper Michael Proctor described Read as turning to her friend and repeating the statement. She said she did not personally make a contemporaneous report or note, and, after disputing that her testimony was different, agreed her story had evolved. The judge also limited testimony about an ambulance conversation after an objection.

1 sidebar inside this proceeding
  1. One-Sentence Statement Use The judge confirmed that the statement was one sentence and permitted counsel to proceed without placing it before the witness.
sidebar
Relationship Evidence and Photographs
31 lines

The court limited questioning to the witness's relationship with Caitlin Albert and prior visits to the home, then directed a short voir dire concerning photographs.

Voir Dire
Katie McLaughlin Alan Jackson
343 lines

Outside the jury's presence, the court marked four social-media items as Exhibits H through K for identification and allowed defense counsel to question Katie McLaughlin about them, while warning that admission could be difficult. McLaughlin testified that she had known Caitlin Albert since high school, shared mutual friends with her, and appeared with her in old photographs, but initially characterized Albert as an acquaintance rather than a close friend. After further questioning, she said she would consider Albert a close friend. McLaughlin said she had never discussed the call or case with Albert and did not know at the time of the response that 34 Fairview was the Albert family home.

Voir Dire
Katie McLaughlin Adam Lally
41 lines

Katie McLaughlin testified outside the jury's presence that Caitlin Albert was an acquaintance rather than a close friend and that they had no one-on-one relationship. McLaughlin said she did not know whose house was adjacent to the treatment area when she responded to John O'Keefe. The court excluded the photographs under the stated Rule 14 objection but allowed limited questioning about the relationship, socialization, and social-media friendship connection.

sidebar
Photographs and Rule 14
32 lines

The court considered defense photographs offered for impeachment and limited questioning about the witness's relationship while excluding the photographs from evidence and the screen.

Voir Dire
Katie McLaughlin Adam Lally
6 lines

After the jury returned, Judge Cannone explained that discussions with counsel are intended to ensure the jury sees and hears only appropriate material. Defense counsel then announced continued cross-examination.

Cross
Katie McLaughlin Alan Jackson
85 lines

Defense counsel questioned Katie McLaughlin about her relationship with Caitlin Albert and her knowledge of the connection between Caitlin Albert and 34 Fairview. McLaughlin said she had known Caitlin Albert since high school and shared mutual friends with her, but said she did not recognize the house as Caitlin Albert's when she responded that morning. The judge sustained an objection to the argumentative form of questioning and instructed counsel to use strict impeachment. McLaughlin then agreed that her statement to Trooper Proctor was not the same as the statement she gave jurors the prior day.

1 sidebar inside this proceeding
  1. Argumentative Cross-Examination Questions The court sustained an objection to argumentative questioning while distinguishing permissible impeachment with a prior statement.

3. Katie McLaughlin β€” Redirect/Recross

Katie McLaughlin described Caitlin Albert as an acquaintance and said she did not know who lived at 34 Fairview Road when she responded. After brief recross and sustained objections, she was excused.

Redirect
Katie McLaughlin Adam Lally
105 lines

On redirect, Katie McLaughlin described Caitlin Albert as an acquaintance rather than a close friend, said their social contact was limited to large groups, and testified that she did not know who lived at 34 Fairview Road when she responded. She said she later learned Albert-family names through news or media reports, not conversations. The court sustained an objection to one question about McLaughlin's duty to respond and, at sidebar, barred questioning her about the Kearney matter while permitting limited follow-up about media reports.

1 sidebar inside this proceeding
  1. Redirect on News Knowledge The court limited redirect examination to how the witness learned names through news broadcasts and excluded inquiry into the Kearney matter through that witness.
Recross
Katie McLaughlin Alan Jackson
20 lines

Defense counsel briefly questioned Katie McLaughlin about social-media friendships and sought to connect described social activities to Caitlin Albert. The court sustained the prosecution's objections to the final questions, and McLaughlin was excused.

4. Procedural β€” Jury Viewing

Judge Cannone instructed jurors before their view of 34 Fairview Road that they could observe the location but could not take notes, use phones, discuss the case, or investigate independently.

Procedural
Jury View Instructions and Scene Orientation Adam Lally
12 lines

Judge Cannone instructed jurors before their view of 34 Fairview Road that they could observe the location but could not take notes, use phones, discuss the case, or conduct independent investigation. She explained that their observations could be considered during deliberations. The prosecution asked jurors to note the roadway, surrounding residences, driveway, front lawn, and a vehicle; the defense asked them to focus on the relationships among physical features at the scene.

5. Rule 14 Objection

Defense counsel renewed a Rule 14 objection and sought reconsideration of four excluded impeachment photographs, which the court denied. During the jury view, counsel identified the roadway, residence, and vehicle, and jurors were later instructed to disregard any independent measurements.

Procedural
Defense Counsel Seeks to Preserve Objection Record
8 lines

Defense counsel asked to make a final record concerning the court's ruling and described the matter as a legal motion. The judge instructed counsel to first explain what he intended to do, noting that he had already had ample opportunity to do so.

sidebar
Case Citation Clarification
9 lines

Counsel clarified that he intended to cite a case rather than show or describe photographs, and the judge permitted that approach.

Procedural
Rule 14 Objection and Jury View
99 lines

Defense counsel asked the court to reconsider excluding four photographs, arguing that they were impeachment material concerning Katie McLaughlin's relationship with Caitlin Albert. The court denied the request. During the jury's view, counsel directed attention to the roadway, residence, and vehicle; paperwork was removed from the vehicle and marked Exhibit "L" for identification. The judge later instructed jurors to use the view as evidence but to disregard any measurements taken or attempted as independent investigation.

6. Greg Woodbury β€” Direct/Cross

Lieutenant Greg Woodbury described the response to John O'Keefe and a later Section 12 call involving Karen Read. Cross-examination addressed Read's condition and a photograph of O'Keefe's right arm.

Direct
Greg Woodbury Adam Lally
277 lines

Canton Fire Lieutenant Greg Woodbury described responding to a person-in-the-snow call, finding Mr. O'Keefe on the ground, and coordinating CPR and other treatment before the ambulance transported him to Good Samaritan Medical Center. He testified that responders later returned for a Section 12 call involving Karen Read, whom he described as distraught and resistant to hospital transport. The court struck a partial account of information relayed by McLaughlin and deferred further argument about the proposed questioning until after lunch.

1 sidebar inside this proceeding
  1. Foundation for Treatment Testimony The court discussed foundation, hearsay, and the proposed testimony's purpose in explaining treatment, then deferred further argument until after lunch.
Cross
Greg Woodbury David Yannetti
243 lines

Defense cross-examined Lieutenant Woodbury about the Section 12 transport of Karen Read, her emotional state, and the statements he personally heard. Woodbury identified a photograph of John O'Keefe's right arm; it was admitted as Exhibit 382 and later replaced with a redacted copy. He said O'Keefe's hypothermia made it hard to judge other skin conditions and described the arm scratches as extending beyond the forearm.

4 sidebars inside this proceeding
  1. Autopsy Photograph Foundation The court addressed use of an autopsy photograph during cross-examination and required the witness to adopt the marked photograph before it could be introduced through him.
  2. Cropping Displayed Injury Photograph The court addressed the visibility of a body photograph on the courtroom screen and directed that the image be cropped to show only the arm.
  3. Procedural
  4. Exhibit Replacement and Renumbering The court coordinated replacement and identification of redacted reports and photographs, corrected exhibit numbering, and admitted the redacted Ms. Read report by agreement.

7. Daniel Whitley β€” Direct/Cross

Canton paramedic Daniel Whitley described transporting Karen Read from Fairview Road to Good Samaritan Hospital in heavy snow. Cross-examination addressed the medical history taken during the transport.

Direct
Daniel Whitley Adam Lally
189 lines

Daniel Whitley, a Canton Fire Department paramedic, described responding to Fairview Road in heavy snow for a Section 12 transport of Karen Read. He testified about the ambulance crew, conditions on the road, Read's reported questions about the person transported by Ambulance 1, and the arrival at Good Samaritan. The judge sustained objections that prevented Whitley from recounting statements by Officer Saraf and other third parties.

Cross
Daniel Whitley David Yannetti
49 lines

Defense counsel questioned Daniel Whitley about collecting medical history during a hospital transport. After Whitley reviewed Jason Becker's report, he said it refreshed his memory about the medical history taken from Karen Read; no details of that history were stated in this excerpt.

8. Jason Becker β€” Direct/Cross

A Canton firefighter and paramedic described Karen Read’s Section 12 evaluation and ambulance transport, then clarified on cross-examination the time scope of his alcohol questions and the report of her statement about drinking the previous night.

Direct
Daniel Whitley Adam Lally
225 lines

Jason Becker, a Canton firefighter and paramedic, described responding to Fairview Road for a possible Section 12 evaluation of Karen Read. He testified that Read was crying and distraught, asked repeatedly whether the earlier patient could be dead, and was cooperative with the ambulance crew after the Section 12 process was explained. Becker said she discussed Mr. O'Keefe's children and a prior argument, and he reported that she later asked whether she could have hit him. After a sidebar over authentication, the court admitted Becker's own report as Exhibit 383 but not the separate engine report through him.

1 sidebar inside this proceeding
  1. Authentication of Separate Reports The court addressed authentication of two reports and allowed the witness's own report into evidence while declining to mark the other report for identification.
Cross
Daniel Whitley David Yannetti
109 lines

Defense counsel questioned paramedic Daniel Whitley about the time scope of his drugs-and-alcohol questions during Karen Read's transport. Whitley said the question concerned the time of transport and the preceding hours, not prior days. After the court overruled an objection to questioning from Trooper Michael Proctor's report, Whitley reviewed it, said it refreshed his memory, and agreed he had reported that Read said she consumed alcohol the previous night. He also said she gave no details about the form of an earlier interaction with the person she referred to as her husband.

1 sidebar inside this proceeding
  1. Use of Trooper Report The court overruled an objection to counsel reading from Trooper Proctor's report and asking the witness whether he agreed with it.
Procedural
Procedural - Motions David Yannetti
9 lines
sidebar
Friday Jury Release
11 lines

The court discussed whether to begin the next witness late on Friday and released the jury for the day while directing counsel to remain.

Procedural
Procedural - Motions (Resumed) David Yannetti
2 lines

9. Procedural - Exhibits

The court organized exhibit numbering, required medical-record redactions, and scheduled a voir dire on proposed evidence concerning Sergeant Lank.

Procedural
Exhibit Renumbering and Video Review
108 lines

The court directed counsel to renumber exhibits already admitted into a consecutive sequence, required medical-record redactions before admission, and requested copies of the defense's intended video exhibits. After a recess, the court and counsel confirmed the revised numbering for multiple photographs, videos, documents, and drives. The court also directed formal marking of an earlier body-camera clip and confirmed that it would hold a voir dire before the defense introduced proposed evidence concerning Sergeant Lank.

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