Commonwealth v. Read — Trial ArchiveDaniel Whitley — Direct/Cross
238 linesWhereupon, DANIEL WHITLEY having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Good afternoon, sir.
MR. WHITLEY: Good afternoon.
JUDGE CANNONE: Whenever you are ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. WHITLEY: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. WHITLEY: Daniel Whitley, W-H-I-T-L-E-Y.
MR. LALLY: And what do you do for work, sir?
MR. WHITLEY: I'm a paramedic/firefighter with the Town of Canton Fire Department.
MR. LALLY: And how long have you been a member of the Canton Fire Department?
MR. WHITLEY: I was hired in March of '06.
MR. LALLY: And, prior to that work with the Canton Fire Department, did you work within that same field in any other capacity for any other company?
MR. WHITLEY: Yes. Correct. I worked for American Medical Response out of Brockton as an EMT, EMT intermediate and a paramedic for five years.
MR. LALLY: And you're a certified paramedic; is that correct?
MR. WHITLEY: Correct.
MR. LALLY: And how long have you held that certification?
MR. WHITLEY: It was, I believe, November of 2006 that I got that certification.
MR. LALLY: And is there any sort of continuing educational component or recertification process that's involved for being a certified paramedic?
MR. WHITLEY: Yes. We recertify every two years. We are reguired to hold basic life support, just generally CPR and advanced cardiac life support, which is ACLS. It's more dealing with EKGs and how to run resuscitations, cardiac arrests. Things of that nature.
MR. LALLY: Now, sir, if I could turn your attention to January 28th, into January 29th of 2022. Were you working with the Canton Fire Department on those dates?
MR. WHITLEY: Yes.
MR. LALLY: What kind of shift were you working?
MR. WHITLEY: Twenty-four-hour shift, 8:00 a.m. to 8:00 a.m.
MR. LALLY: And where were you assigned on that particular date?
MR. WHITLEY: Ponkapoag Station. Station 2.
MR. LALLY: And, the Ponkapoag Station, where is that located within Canton?
MR. WHITLEY: The north side of town on Sassamon Street.
MR. LALLY: And were you assigned to a specific duty or a specific vehicle?
MR. WHITLEY: Yes. I was assigned to Ambulance 2 with Jason Becker. I was a field training officer at that point, and he was just finishing up his field training after he recently became certified as a paramedic.
MR. LALLY: Now, at some point shortly after 6:00 a.m., were you aware of a call or dispatch in regard to Station House 1?
MR. WHITLEY: Yes. We had just returned from a previous call about 5:00 a.m. and heard the tones go off. Actually, we were in the day room which is where we -- basically, it's the living room of a fire station. And we got the tones going off. We heard the police going to Fairview Road. We just kind of sat and were wondering what was going on there.
MR. LALLY: Now, you, yourself, you and Firefighter Becker, were you dispatched to a call, as well, approximately 6:41 or 6:42 a.m.?
MR. WHITLEY: Yes.
MR. LALLY: And, at the time that you received that dispatch, what, if anything, were you aware of with regard to the prior call that the other ambulance went to?
MR. WHITLEY: So when the tones go off between the two stations, we are able to hear what the dispatch complaint is, what they're going for. And it came in as, I believe, CPR in progress in the snow, or something to that regard. So we knew it was a fairly serious call that Station 1 had gone to.
MR. LALLY: Now, when you receive your dispatch at approximately 6:42 a.m. or so, what was that call in regard to and where did you respond to?
MR. WHITLEY: We were dispatched for a Section 12.
MR. LALLY: As far as your assignments within the ambulance between yourself and Firefighter Becker, with regard to this call, who was doing what?
MR. WHITLEY: I was driving. He's what we call the tech, the lead paramedic on the case. That's just generally how it operated.
MR. LALLY: And, from your response or your driving from Station 2 to Fairview Road, what, if anything, did you observe or experience en route in between the two?
MR. WHITLEY: At that point, it was snowing pretty heavily. We were coming down Chapman Street, getting ready to take a right onto Fairview. We nearly slid off the road, making the turn onto Fairview. It was snowing that heavily, and I don't believe the roads had been really plowed or treated or anything like that for us to -- so it was pretty slippery.
MR. LALLY: Now, in addition to Ambulance No. 2 that you and Firefighter Becker were in, what, if any, other sort of vehicles or apparatus was dispatched to this call, as well?
MR. WHITLEY: There was Engine 3, which is the District 1 engine, and at least two police cruisers and another gray SUV kind of further down from where we parked.
MR. LALLY: Now, when you arrive in this area on Fairview Road, what, if anything, do you sort of observe as far as who is there when you arrive?
MR. WHITLEY: When I got out, my lieutenant, Lieutenant Woodbury, and Sam Poch were there.
MR. LALLY: And they were on the engine; is that correct?
MR. WHITLEY: They were on the engine. Correct.
MR. LALLY: Now, beyond sort of the personnel from your department, you mentioned that there were some police officers there, as well?
MR. WHITLEY: Yes. Mullaney and Saraf and then two other females, at least two other females.
MR. LALLY: And the other two females, where were they when you first sort of get out of the ambulance?
MR. WHITLEY: A few yards ahead of us. A few dozen yards ahead of us, I'd say.
MR. LALLY: And were there any other vehicles beyond sort of first responders that you observed on scene?
MR. WHITLEY: Just that other gray SUV.
MR. LALLY: And so I guess my question is, where were the two females that you observed in relation to the gray SUV?
MR. WHITLEY: Near it. Maybe in front of. Maybe one was inside. There were three females there.
MR. LALLY: And, at some point while you're on scene, you learn the identity of your patient, correct?
MR. WHITLEY: Yes.
MR. LALLY: And what was the name of the patient?
MR. WHITLEY: Karen Read.
MR. LALLY: And you had some conversation with Karen Read that day; is that correct?
MR. WHITLEY: Yes.
MR. LALLY: And do you see Karen Read in the courtroom today?
MR. WHITLEY: I do.
MR. LALLY: Could you just describe as to where she is seated or an article of clothing that she's wearing?
MR. WHITLEY: She is seated at that table right there
(indicating).
MR. LALLY: I'm sorry. If you could just point as to where she is seated?
MR. WHITLEY: Right there. (Indicating).
MR. LALLY: Thank you.
MR. LALLY: Your Honor, I would just ask the record reflect the identification of the defendant.
JUDGE CANNONE: It may.
BY MR. LALLY:
MR. LALLY: Now, when you first sort of arrive on scene, who, if anyone, is the first person that you talk to?
MR. WHITLEY: Lieutenant Woodbury and Sam Poch.
MR. LALLY: And following that conversation, who, if anyone, do you speak to next?
MR. WHITLEY: Probably briefly Lieutenant Mullaney, but more -- I'm sorry, not lieutenant. Officer Mullaney and Officer Saraf.
MR. LALLY: Now, following your conversation -- well, let me ask you this sort of in general terms. When you respond to a call for a Section 12, what is sort of the protocol that you go through in regard to that?
MR. WHITLEY: Whether it's a Section 12 or any call, basically, the lead tech generally takes over immediate patient care, goes over and assess. Usually the partner will go over and try and find out background details, try and find not only -- well, especially for a Section 12, you want to get -- the tech will get, which is Jason's role, the patient story. And then I'll get everyone else's story.
MR. LALLY: And, at some point, do you have a conversation with Ms. Read, as well?
MR. WHITLEY: Oh, yes.
MR. LALLY: Okay. And where is that in relation to vehicles on scene? So what is that initial conversation?
MR. WHITLEY: The initial conversation, she was very upset. She kept saying -- so we had a Section 12 written, and that was to take her to the hospital because she made threats against her life, saying, I don't want to live anymore. If my husband dies, I don't want to be alive anymore. And myself and Jason and Lieutenant Woodbury were kind of like, well, that's seemingly more in lines of normal grieving process after something traumatic happens to a loved one, whether they are going to die or not. You know, we kind of didn't feel like it kind of led to that level of a Section 12 to have her transported to the hospital. So at that point, I exited the ambulance and I went to speak with Officer Saraf. And I said, you know, this kind of doesn't -- if we want her to be at the hospital, get a full evaluation, we are going to need more than just "if my husband dies, I want to die," because that seems just like normal things to say. And so I went back to the ambulance. I don't know where he went. I don't know whether it was his cruiser or what. But he came back and notified me that she -- her --
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained.
BY MR. LALLY:
MR. LALLY: And, from that conversation, did you receive more information and more clarity as to statements that Ms. Read had made?
MR. WHITLEY: Yes. Officer Saraf had said that --
MR. YANNETTI: Objection.
JUDGE CANNONE: So not what he said, sir.
MR. WHITLEY: We were informed that --
MR. YANNETTI: Objection.
MR. WHITLEY: I'm not sure.
JUDGE CANNONE: So you can't testify to what somebody else told you. You can when there is no objection regarding what Ms. Read told you. But you can't testify what anybody else told you.
MR. WHITLEY: Okay.
JUDGE CANNONE: When I say "Sustained," that means you don't answer.
MR. WHITLEY: Okay.
JUDGE CANNONE: And the lawyer will ask another question. Okay?
MR. WHITLEY: Okay.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you, Your Honor.
BY MR. LALLY:
MR. LALLY: So, Firefighter Whitley, at some point, specific to your conversations with the defendant, Ms. Read, can you describe sort of her demeanor or any observations you made in relation to that as you were speaking with her?
MR. WHITLEY: Yes. She was very upset. She kept asking if there was any chance -- she kept asking us if we knew if the person Ambulance 1 had transported was alive or dead. And we could not speak to that. She asked if somebody could be alive in the snow without a jacket for many hours. And, at that point, we were just trying to give her any hope that whomever A-1 transported was still alive. And we kind of just talked about far off hypothermia cases where, you know, kids have fallen in rivers and have been submerged for many minutes, maybe even hours and survive with no neurological deficits. So we were just trying to give her some sort of hope on the way to the hospital that there was a chance that her husband could be alive.
MR. LALLY: Now, at this point, what, if anything, did you know sort of about the relationship between your patient, the defendant, Ms. Read; and the patient from Ambulance 1 that had been transported previously.
MR. WHITLEY: She identified him as her husband.
MR. LALLY: And is that something that she said once or more than once?
MR. WHITLEY: Many, many times.
MR. LALLY: Now, she asked you some questions about his status and made specific reference to his clothing; is that correct?
MR. WHITLEY: The only thing I recall is asking if he could have survived without a jacket.
MR. LALLY: Now, as far as these conversations that you had with Ms. Read, where did they occur in relation to the ambulance?
MR. WHITLEY: They were in the back of the ambulance.
MR. LALLY: And who, if anyone, was present in the back of the ambulance beyond yourself and the defendant?
MR. WHITLEY: Jason Becker.
MR. LALLY: And, with reference to -- you mentioned that Firefighter Becker was sort of the lead paramedic or the lead tech on this; is that correct?
MR. WHITLEY: Yes.
MR. LALLY: So is there -- from sort of his role and your role, what are some of the sort of differences and the duties and responsibilities in relation to a call like this?
MR. WHITLEY: So for any Section 12, our department policy is there will be two EMTs, paramedics, firefighters with the -- during transport at all times. That is both for our safety and the patient's safety. So that's why it wasn't just two EMTS or paramedics driving to the hospital. I was in back with Jason, and Sam Poch was driving.
MR. LALLY: Now, as far as you've testified earlier about observations of her being upset or distraught, is that correct --
MR. WHITLEY: Correct.
MR. LALLY: -- was that consistent throughout your interaction with her or no?
MR. WHITLEY: No. There would be episodes where she would like go from crying in her hands to all of a sudden perking up. She was crying about having to take care of kids, saying she couldn't do it. And I was saying, you know, you can do this. It's not as hard as it seems. She kept saying, I can't take care of these kids. They're not my kids and they're not his kids. That's when I figured out who Ambulance 1 transported. And I was saying, well, it seems like you have a good, strong support system, people who came and helped you ina blizzard to help come find your husband. She said -- she asked me if I knew Kerry Roberts. I said I did. She said, anybody who knows Kerry Roberts wouldn't say those things. And that kind of took me aback a bit. It seemed strange to say something like that after you were just crying because your husband was dead.
MR. LALLY: Let me take you back to within --
MR. WHITLEY: I was just kind of surprised.
MR. LALLY: If I could take you back within that just for a minute. So you had testified that during that, her description, you sort of realized who was the patient in Ambulance 1; is that correct?
MR. WHITLEY: Yes.
MR. LALLY: And what, if anything, made you realize or who did you think it was?
MR. WHITLEY: So I live in and grew up in the Ponkapoag neighborhood of Canton. Mr. O'Keefe was known for taking on his niece and nephew after. So I'm not really positive of the relationship, but I believe it was his sister and his brother-in-law had passed away, and it was something people admired him for, people looked up to him for. But I was able to -- I also -- I moved into the Ponkapoag neighborhood back after living outside of Canton for a few years. The O'Keefes lived diagonally across from me. I never had any sort of interaction with them or anything. When I moved in, my wife was probably about six months pregnant and I had two toddlers. So I was pretty busy, and I figured he was pretty busy. I never even had a chance to introduce myself or anything before he moved to Meadows, which is how I kind of figured out --
MR. YANNETTI: Your Honor, I object to this line of questioning.
JUDGE CANNONE: Okay. Sustained. Next question.
BY MR. LALLY:
MR. LALLY: Now, you had also mentioned during your conversation with the defendant that she had said some things about Kerry Roberts, correct?
MR. WHITLEY: Correct.
MR. LALLY: And how is it that you know Kerry Roberts?
MR. WHITLEY: Well, Kerry lives around the corner from me.
MR. YANNETTI: Objection.
JUDGE CANNONE: No. I'll allow that. Next question, please.
BY MR. LALLY:
MR. LALLY: How long had you known Kerry Roberts?
MR. WHITLEY: Just from moving back to the neighborhood. She would run the neighborhood block party, and she put out that she'd like the fire truck there on the neighborhood Facebook page. So I volunteered to bring the fire truck to the neighborhood block party.
MR. LALLY: And was Ms. Roberts on scene on Fairview when you arrived in your ambulance?
MR. WHITLEY: Yes.
MR. LALLY: So she was one of the other females along with the defendant?
MR. WHITLEY: Correct.
MR. LALLY: Now, with reference to when you brought up as far as support system and included Ms. Roberts within that, what, if anything, did the defendant say about Ms. Roberts?
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained. Next question, please.
BY MR. LALLY:
MR. LALLY: Now, this conversation that you had with the defendant in the ambulance, how long a period of time are we talking about?
MR. WHITLEY: Twenty, 25 minutes.
MR. LALLY: And beyond what you've already testified to, what did sort of that conversation consist of or what was the sort of tone and tenor of that conversation?
MR. WHITLEY: Again, we were just trying to give her any support. Once we were getting close to the hospital, we --
MR. YANNETTI: Objection.
JUDGE CANNONE: So the tone and tenor. What can you tell us about that? That is admissible, Mr. Yannetti. Go ahead.
MR. WHITLEY: The tone? She would go from being almost despondent to when she asked me if I knew Kerry Roberts, the only tone I can use to describe it is snarky.
MR. YANNETTI: Objection. Move to strike.
JUDGE CANNONE: I'll strike that.
BY MR. LALLY:
MR. LALLY: Now, you transported her to Good Samaritan; is that correct?
MR. WHITLEY: Correct.
MR. LALLY: And, when you -- during the transport, where are you in relation to Ms. Read from Fairview to Good Samaritan?
MR. WHITLEY: I'm sorry. I don't understand.
MR. LALLY: During the transport, Ms. Read is where within the ambulance?
MR. WHITLEY: I believe we -- so we have what we calla tech bench, which is a long bench. There is the ambulance stretcher. Next to the ambulance stretcher is we call it the CPR seat. That's where Ms. Roberts sat. And then I was what we call the airway seat, which is basically like a captain's chair behind the stretcher.
MR. LALLY: And, in addition to yourself and the defendant, who, if anyone else, was sort of in the back of the ambulance at that time?
MR. WHITLEY: During transport?
MR. LALLY: Yes.
MR. WHITLEY: During transport, it was just me, Jason Becker and Ms. Read.
MR. LALLY: Okay. So yourself along with Firefighter Becker, correct?
MR. WHITLEY: Correct.
MR. LALLY: Who was driving the ambulance?
MR. WHITLEY: Sam Poch.
MR. LALLY: Now, when you arrive at Good Samaritan, what, if anything, happens next?
MR. WHITLEY: Ms. Read was asking to be able to see John. I made the decision that I would run ahead to see if that was in the realm of possibility with the emergency room physician there. So I ran ahead. I came into they call it the code room at Good Sam, and I asked if the wife could see the husband. The ER doctor asked if she would be upset. I said -- if she would be upset if she was allowed to or not? I said, she's going to be upset. I believe she's going to be upset either way. He was asking if she would get in the way of the resuscitation efforts. And I said it's possible. She's very upset.
MR. LALLY: And so once you arrive at the hospital with the patient, where do you go along with Ms. Read?
MR. WHITLEY: We escorted her down to we call it the psych hall or the behavioral hall.
MR. LALLY: About how long was it after you escort her into the hospital that you stayed with her following that?
MR. WHITLEY: At least 10 minutes.
MR. LALLY: And, during those 10 minutes, how would you describe sort of her behavior or demeanor during that time?
MR. YANNETTI: Objection.
JUDGE CANNONE: No. He can testify to that.
MR. WHITLEY: He was giving the nurses a hard time about -- I'm sorry. She was giving the nurses a hard time about getting into a johnny, having to submit a urine sample. Even the ER techs went to the physician who was in the code room to see if she could not have to wear a johnny. And the ER doc said, no, if she's in the psych hall, she's a psych patient and needs to be in a johnny. So at that point, there was just a nurse and a tech. We don't usually leave a psych patient with just a single nurse and a tech. And so we decided to wait until security had gotten there before we left.
MR. LALLY: Your Honor, may I have one moment?
JUDGE CANNONE: Yes.
MR. LALLY: Nothing further at this time, Your Honor. Thank you.
JUDGE CANNONE: All right. Mr. Yannetti?
MR. YANNETTI: Thank you.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, sir.
MR. WHITLEY: Good afternoon.
MR. YANNETTI: So, Mr. Whitley, when you showed up, you learned that Karen Read was the patient that you were to deal with, correct?
MR. WHITLEY: Correct.
MR. YANNETTI: And it was your expectation that she would be going to the hospital, correct?
MR. WHITLEY: Correct.
MR. YANNETTI: One of the things that you do when you transport somebody to the hospital is you try to geta medical history, correct?
MR. WHITLEY: Yes.
MR. YANNETTI: Why is that important?
MR. WHITLEY: Generally, we get pertinent medical history to pass on to the hospital. So if something were to happen where the patient wasn't able to describe their past medical history, it gets passed on to the next caregiver, which would be the nurses and doctors at the hospital.
MR. YANNETTI: Okay. More information is always better than less information, correct?
MR. WHITLEY: I would say so.
MR. YANNETTI: And, in regard to Ms. Read, did you take a medical history from her?
MR. WHITLEY: I assume Jason did.
MR. YANNETTI: Okay. Did you learn the results of that medical history?
MR. WHITLEY: You'd have to refer to Jason's report.
MR. YANNETTI: If I may have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Mr. Whitley, if I -- I'm actually going to show you two documents with your permission. One would be Jason's report.
MR. WHITLEY: Okay.
MR. YANNETTI: And you were talking about Jason Becker, correct?
MR. WHITLEY: Correct.
MR. YANNETTI: The other is a police report from Sergeant Yuri Bukhenik. I'm going to give you the second page of that.
MR. WHITLEY: Okay.
JUDGE CANNONE: So let's do them one at a time.
MR. YANNETTI: sure.
BY MR. YANNETTI:
MR. YANNETTI: You've asked for Jason Becker's report. So I'll give you that first. Okay?
MR. WHITLEY: Okay.
MR. YANNETTI: And, when I approach you, I'm going to hand this to you. And I just ask you to look at it Silently by yourself and then look up at me when you're done.
MR. WHITLEY: Okay.
MR. YANNETTI: I'm going to collect that from you if you don't mind.
MR. WHITLEY: The first report was the in-first report from my lieutenant.
MR. YANNETTI: Was Jason Becker's report included in there, as well?
MR. WHITLEY: Yes.
MR. YANNETTI: Having reviewed those documents, does that refresh your memory as to the medical history that was taken?
MR. WHITLEY: Yes.
MR. YANNETTI: And what can you tell us about that?
MR. YANNETTI: I don't mean to put you on the spot.
MR. WHITLEY: No. I understand. A As I understand it.
MR. YANNETTI: And that was the medical history you got from Karen Read?
MR. WHITLEY: Correct.
MR. YANNETTI: I have nothing further.
JUDGE CANNONE: All right. Sir, you are all set. Thank you, Mr. Whitley.
(Whereupon, the witness was excused.)