Commonwealth v. Read — Trial ArchiveGreg Woodbury - Direct/Cross
305 linesJUDGE CANNONE: Be seated. This court is in session.
JUDGE CANNONE: All right, so jurors, I want to remind you of the instructions that I gave you before we went on the view, and then I have a caution for you. So we took a view today, the purpose of which was to help you to better understand the evidence which you'll hear during the course of the trial, and to help you appreciate the location and its surroundings. The view that you took is part of this case, and the observations that you made while on the view may be used and considered in your deliberations. Remember that I told you that what you were to do on that view is best summarized as simply stop and look. Your responsibility was to see the place, observe it carefully, and remember what you saw.
JUDGE CANNONE: You were cautioned that while on the view you were not to take any notes or photographs, and that you were not to conduct any independent investigation while we were there, or at any time during the trial. So independent investigation includes, but is not limited to, any measurements that you may have taken or attempted to take. So to the extent that any of you did that, you must totally disregard it, because you must find the facts from the evidence presented to you in this courtroom. Okay. So with that, Mr. Lally, do you have a witness for us?
MR. LALLY: Yes. The Commonwealth will call Mr. Gregory Woodbury to the stand.
COURT OFFICER: Step up to the witness stand, please.
COURT CLERK: Do you swear to tell the court and jury the truth, the whole truth, and nothing but the truth?
MR. WOODBURY: I do.
COURT CLERK: Thank you. Take
JUDGE CANNONE: All right, Mr. Lally, whenever you're ready.
MR. LALLY: Thank you. Good afternoon, sir.
MR. WOODBURY: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name?
MR. WOODBURY: Greg Woodbury, W-O-O-D-B-U-R-Y.
MR. LALLY: And what do you do for work, sir?
MR. WOODBURY: Lieutenant paramedic on the Canton Fire Department.
MR. LALLY: And how long have you been a member of the Canton Fire Department?
MR. WOODBURY: About 24 years now.
MR. LALLY: How long have you had the rank of lieutenant in Canton Fire?
MR. WOODBURY: That's been eight years now.
MR. LALLY: Now prior to working with Canton Fire Department, what if any other work did you have within that same sort of field?
MR. WOODBURY: Prior to being on Canton Fire, I was an EMT paramedic in the North Shore area.
MR. LALLY: And if you could, with regard to your working as a paramedic and a firefighter — specifically as far as being a paramedic — what if any specialized training or certifications did you receive in regards to being a paramedic?
MR. WOODBURY: So after I got my EMT, when I went to paramedic school, I went to Northeastern University. It was a one-year full-time program.
MR. LALLY: And following — you successfully completed that program, is that correct?
MR. WOODBURY: Yes.
MR. LALLY: And is there any sort of continuing educational component or recertification component in regard to your paramedic certification?
MR. WOODBURY: Yeah, every two years paramedics have to recertify — required to get so many hours of continuing education to recertify every two years.
MR. LALLY: If I could turn your attention to the date of January 28th, 2022 into January 29th, 2022 — were you working with the Canton Fire Department on that day?
MR. WOODBURY: Yes.
MR. LALLY: And what kind of shift were you working on that occasion, if you recall?
MR. WOODBURY: It was a 24-hour shift.
MR. LALLY: And a 24-hour shift within the Canton Fire Department is what?
MR. WOODBURY: It's 8:00 a.m. to 8:00 a.m. the next day.
MR. LALLY: Now turning your attention to the 29th — at what point do you sort of get up and start to begin your day at the fire station?
MR. WOODBURY: So a normal day — sorry, was that the beginning of the shift you're talking about or the end of the shift?
MR. LALLY: The second part of the shift.
MR. WOODBURY: Normally we get up at 6:00 for the officers, but I got up a little earlier then because we had the snowstorm coming in. I had to make sure everything was shoveled — I think I got up maybe around five — to check the apron, the area in front of the station, and make sure the walkways were clear.
MR. LALLY: And when you got up to check that, what if anything did you find?
MR. WOODBURY: It had been snowing. There were blizzard-type conditions coming in. So there was a decent level of snowfall — maybe two, three inches on the ground at that time.
MR. LALLY: I think we could move quickly through this part of it — the cleaning of the apron, okay. As far as that particular date or that shift, how were you assigned within the firehouse?
MR. WOODBURY: I was Lieutenant on Engine 4.
MR. LALLY: And with respect to that — at the point shortly after 6:00 a.m., did you receive a dispatch to a call?
MR. WOODBURY: Yes. We were dispatched to a call for a person in the snow.
MR. LALLY: And did you respond to that call, sir?
MR. WOODBURY: Yes, I did.
MR. LALLY: And you were assigned to the engine, is that correct?
MR. WOODBURY: Correct.
MR. LALLY: Who, if anyone else, was assigned to the engine that day with you?
MR. WOODBURY: Katie Moffin and Frank Walsh were my two engine crew.
MR. LALLY: And in addition to yourself and your engine, what if any other sort of vehicles or apparatus responded?
MR. WOODBURY: Ambulance One also responded with us. That was Anthony Flematti, Matt Kelly, and Tim Nuttall — he had also hopped on the ambulance; he was coming in for the shift in the morning and came in early to beat the storm.
MR. LALLY: And do you recall where the call was — the address?
MR. WOODBURY: I don't remember the address offhand, but it was not that far away in the district.
MR. LALLY: And when you arrived in the engine — when you first arrived on scene — what if anything did you see upon your arrival?
MR. WOODBURY: The police were already there. As we were approaching the scene, I could see several people off to the side in the yard doing something, so we went to investigate.
MR. LALLY: And which side was that — to your left, your right, or somewhere else?
MR. WOODBURY: The way I was approaching the street, it was on the left-hand side.
MR. LALLY: And when you indicated you saw some group of people — is that correct?
MR. WOODBURY: Yeah, there were a few people around. I don't remember exactly how many or what they were doing.
MR. LALLY: And when you start to make your way over there — when you arrive on scene — what is sort of the first thing?
MR. WOODBURY: We went to evaluate the patient. I believe someone had started CPR prior to us getting there, so we went to continue that.
MR. LALLY: When you say someone had started CPR prior to you — you don't remember that particular individual?
MR. WOODBURY: No, not as we arrived.
MR. LALLY: And so it's someone outside of your department?
MR. WOODBURY: Correct, yeah.
MR. LALLY: Do you know if it was one of the police officers or someone else?
MR. WOODBURY: I don't remember.
MR. LALLY: Obviously you were dispatched in response to an unresponsive male, correct?
MR. WOODBURY: Yes.
MR. LALLY: And at the time that you're arriving on scene, you say you see sort of a cluster of people — were you able to see that unresponsive male at that point?
MR. WOODBURY: Not until I exited the vehicle.
MR. LALLY: And at some point subsequently, did you come to learn the identity of the unresponsive male — the patient that you were involved with?
MR. WOODBURY: Afterwards they told me. Yes, at the time I did not know.
MR. LALLY: And what did you learn his name to be?
MR. WOODBURY: I'm sorry, I'm a little nervous — blanking right now. Was it Mr. John O'Keefe?
MR. LALLY: Yes, correct. And when you first came over to where Mr. O'Keefe was on the ground — is that correct?
MR. WOODBURY: Yes, he was.
MR. LALLY: What kind of position was his body in when you first arrived?
MR. WOODBURY: He was lying supine on the ground — on his back. He was parallel to the street, about 8 feet away from the snowbank.
MR. LALLY: And in reference to that, as far as snow was concerned, what if any snow did you observe on or around where he was?
MR. WOODBURY: He was covered with snow, and there was snow around the area.
MR. LALLY: And so from a treatment of Mr. O'Keefe as a patient, what is sort of the first thing that you did?
MR. WOODBURY: We started CPR — or CCR, sorry — immediately. Someone went to get a board to get him onto so we could get him onto the stretcher and move him to the ambulance. And someone else was trying to get the backstory, trying to figure out the scenario that we were dealing with.
MR. LALLY: Could I stop you for a moment? You mentioned CCR — is that correct?
MR. WOODBURY: Okay.
MR. LALLY: So what is the difference between CCR versus CPR?
MR. WOODBURY: CPR is cardiopulmonary resuscitation — that is when you're helping someone breathe. CCR is — when we first get to a scene, they changed the protocols a little while ago — we don't have to give respirations right away; we can just do compressions. It's a little more effective to get the blood flowing quickly.
MR. LALLY: Thanks. So as far as your involvement in patient care — what was that during that initial phase where Mr. O'Keefe was supine on the ground? What was your involvement in patient care at that point?
MR. WOODBURY: I was assisting with the CPR, making sure everyone else was doing their task. As lieutenant, I kind of got to manage the other people and make sure everyone's on target for what they're supposed to be doing.
MR. LALLY: And during that initial time that you're outside — in the area where Mr. O'Keefe is on the ground — what if any observations did you make as far as injuries?
MR. WOODBURY: At that time, outside on the ground, he was covered in snow. So we're really not doing any sort of secondary survey initially. The primary concern is the primary survey — airway, breathing, circulation. He was not breathing; he had no pulse. So our primary concern is to get that going.
MR. LALLY: And at some point, were you able to get him from the ground to the back of the ambulance?
MR. WOODBURY: Yeah, we moved him onto a long board, then moved him from the long board onto the stretcher, and brought the stretcher over to the ambulance and loaded him in.
MR. LALLY: You mentioned that upon your initial arrival, different people were tasked with different things.
MR. WOODBURY: Yes.
MR. LALLY: And someone was tasked with trying to get what you term the backstory — is that correct?
MR. WOODBURY: Yes.
MR. LALLY: Why is that important?
MR. WOODBURY: When you have someone unconscious and unresponsive, you want to know when they were last well, last breathing, last seen — trying to figure out why someone is on the ground. There are different reasons why they could be there; you're trying to figure that out. Normally people don't lay down in the snow, so trying to evaluate the reason the person was unconscious.
MR. LALLY: And so you were able to get Mr. O'Keefe onto a stretcher and into the back of the ambulance, correct?
MR. WOODBURY: Yes.
MR. LALLY: I'm fair to say that the lighting in the back of the ambulance is better than it was outside, correct?
MR. WOODBURY: Correct.
MR. LALLY: And when you're in the back of the ambulance, are you able to then do or participate in that secondary survey?
MR. WOODBURY: Yeah, we started doing a secondary survey after we started getting good compressions going. Someone was working on the intubation, and then one of the procedures is just to strip off the clothes and evaluate the person.
MR. LALLY: And if you recall, how were the clothes removed?
MR. WOODBURY: I don't recall exactly which method they used. Typically we cut them off, but I'm not sure if they did that or just pulled them off.
MR. LALLY: And what if anything do you recall as to Mr. O'Keefe's clothing and sort of what —
MR. WOODBURY: ...he was wearing when he was found. I really wasn't paying attention to it — the primary concern is trying to revive him.
MR. LALLY: So to that secondary survey, as far as once you're in the back of the ambulance, what if anything did you observe as far as injuries on Mr. O'Keefe?
MR. WOODBURY: He had a hematoma, or bruising, of the right eye — was very prominent. There was some scratches on the right forearm — was most of the external injuries we noted.
MR. LALLY: And now in addition, so as far as people on scene, there were a number of different firefighters from your department, and you mentioned that the police were on scene when you arrived. Is that correct?
MR. WOODBURY: Correct.
MR. LALLY: So beyond the police and fire, what if any other individuals did you observe at some point?
MR. WOODBURY: There was some other civilians there. I really wasn't paying attention to them.
MR. LALLY: Now with reference to that backstory that you were talking about, at any point in time either outside of the ambulance or inside of the ambulance, if anyone was tasked by you or anyone else to try and obtain that backstory?
MR. WOODBURY: I think Katie Moffin was the one that obtained the backstory.
MR. LALLY: And if you know, was there any other conversation that you were present for between any of your other firefighters and any of those civilians?
MR. WOODBURY: That was primarily when she relayed to us the information that she had obtained. We were trying to figure out the scenario of why he was found unconscious, unresponsive.
MR. LALLY: Let me ask you this way. So as far as arrival at the patient when he's on the ground — who gets there first, you and the other individuals in the engine, or the firefighters in the ambulance?
MR. WOODBURY: We both respond from the same station at the same time. The engine's in the front, the ambulance usually in the rear. So I believe we pulled over — the ambulance pulled over at the same time as us. I believe C5 went as well, which is the captain — he was also responding with us.
MR. LALLY: Now as far as the person that firefighter Moffin spoke to, what if anything did you know about that person at that time?
MR. WOODBURY: At that time I knew nothing. I knew it was someone that had been with him. She relayed the information of what she had heard to us.
MR. LALLY: And the information that firefighter Moffin — without reference to what it was — but the information that firefighter Moffin was able to obtain, did she communicate that to you and the other firefighters?
MR. WOODBURY: Yes. Yeah, she came in the ambulance, told us what she had heard.
MR. LALLY: As far as the information that firefighter Moffin provided, did that comport with what you were observing as far as injuries to Mr. —
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. You can lay a foundation if —
MR. LALLY: Now, as far as again the injuries that you observed on Mr. O'Keefe in the back of the ambulance — were what?
MR. WOODBURY: It was the bruising of the right eye and the scratches on the forearm.
MR. LALLY: And what if anything did firefighter Moffin indicate she was told?
MR. WOODBURY: That someone said she'd hit him, and he was last seen —
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. That will be stricken.
MR. LALLY: May we go on?
JUDGE CANNONE: Okay. We always try and check and make sure that your lunch is here before we take a break. I'm told that it is, so we will take a lunch break. We'll see everybody here ready to start right at 2 o'clock. Please be seated. All right, why don't we get the lieutenant back up here? Thank you. I remind you you're still under oath. Okay, go right ahead, Mr. Lally.
MR. LALLY: So, Lieutenant Woodbury, bringing your attention back to the treatment of Mr. O'Keefe and the back of the ambulance, okay?
MR. WOODBURY: Yes.
MR. LALLY: With respect, um, you testified that you don't recall specifically anything as far as clothing for Mr. O'Keefe — is that correct?
MR. WOODBURY: I was not paying attention to the clothing.
MR. LALLY: And so to that point, what were you paying attention to at that time?
MR. WOODBURY: Primarily the big issue was doing the CCR, the CPR. Um, we're trying to resuscitate the person as best we can. We know with the hypothermic patient it's very difficult — it's a longer treatment protocol than a typical cardiac arrest — because we have to do the CPR for an extended period of time, we have to get the patient warmed up. Um, so the clothing is just quickly removed versus examined or looked at, and the focus was on getting compressions done. Um, someone was trying to intubate, getting a line started, so that's what we're mainly focused on.
MR. LALLY: And as far as treatment is concerned, what if any sort of interplay or intersection is there between a cardiac arrest and a hypothermic patient?
MR. WOODBURY: Um, when someone's hypothermic and in a cardiac arrest — — we can't declare them dead or passed on until they've been warmed up. Um, a lot of times with hypothermic patients they can appear to be dead when they're still actually alive. There have been instances where people have woken up in morgues that were hypothermic when their body warmed up a little bit. Um, so we have to be very cautious, very careful about treating them as much as we can, as carefully as we can — we can't shake them too much, can't move them too much — so it's getting the blood circulating and then starting ventilating after a few minutes.
MR. LALLY: Back to the CCR, the chest compressions you're talking about — what if — — any sort of — based on your training and experience, what if any sort of protocols are — well, let me ask you this: were you doing chest compressions throughout the entirety of this interaction with the patient?
MR. WOODBURY: Uh, no. Chest compressions — most people do it for about two minutes. After two minutes it's very tiring to do chest compressions, so we swap off every few minutes. Um, so a different person will come in and do the compressions, they'll do it for a little while, go on to a different task, someone else will come in and do compressions.
MR. LALLY: Is that the protocol that you followed in this instance?
MR. WOODBURY: Yes, we were — — rotating the person doing compressions.
MR. LALLY: And the ambulance at some point leaves scene and goes to a hospital — is that correct?
MR. WOODBURY: Correct.
MR. LALLY: And do you know what hospital?
MR. WOODBURY: Good Samaritan Medical Center.
MR. LALLY: If you could just wait — sorry. Question, yeah. Good Samaritan Medical Center. And did you go along for that ambulance ride?
MR. WOODBURY: No, I did not.
MR. LALLY: Where did you go?
MR. WOODBURY: So as the lieutenant on the engine, I stay with the engine. I detailed my two other engine personnel to the ambulance, so they went with — the two engine personnel, the two regular people on the ambulance, as well as an additional person — Tim Nuttall was the extra person for that one.
MR. LALLY: And you take the engine and go—?
MR. WOODBURY: I went back to the station.
MR. LALLY: And at some point, shortly after that, are you called back to the roadway of Fairview Road?
MR. WOODBURY: Yes.
MR. LALLY: Same general area of Fairview Road?
MR. WOODBURY: Yes, same address.
MR. LALLY: And how is it that you get from the station back to—?
MR. WOODBURY: So we had struck a box to cover the personnel that we had detailed. That means we, um, send out a page looking for additional people to come in. We had [unintelligible] come in, so he was my engine driver, and I was in the lieutenant seat. We responded back in Engine 4. And the ambulance that had been —
MR. LALLY: — there on Fairview Road with you previously — was it at Good Samaritan's?
MR. WOODBURY: Yes. Yeah, a call like that takes an extended period of time even at the hospital to assist them there. So we had to get an ambulance from Station 2.
MR. LALLY: And if you know, who was on that ambulance from Station 2?
MR. WOODBURY: That was Jason Becker and Dan Whitley.
MR. LALLY: Now, with reference to this particular call, what if anything — was this secondary dispatch with regards—?
MR. WOODBURY: So this call was for Section 12, which is someone, um, having a psychological issue.
MR. LALLY: And do you know who that Section 12 was in regard to?
MR. WOODBURY: Yeah, this was for Karen Read.
MR. LALLY: And at some point, you go back to the scene along with the engine and the second ambulance from Station 2?
MR. WOODBURY: Yeah, so the engine got there first — the ambulance coming from another station, so it was a couple extra minutes before they got there.
MR. LALLY: And when you arrive, who if anyone is on scene on Fairview Road?
MR. WOODBURY: The police were still on scene, they had never left. So initially it was me, [unintelligible], and the police. [unintelligible] went up to try to get the backstory of why we're doing a Section 12 and what was going on.
MR. LALLY: And at some — well, when you first arrived, without regard to what was said to you, but who if anyone do you speak with to try to gain this — — information or backstory?
MR. WOODBURY: When I got onto the scene, I talked to the police that were there.
MR. LALLY: Who did you talk to, sir?
MR. WOODBURY: The police officer who was there, sir.
MR. LALLY: Yes, sorry. And do you recall specifically who that police officer was?
MR. WOODBURY: I really did not pay attention to the individual officer.
MR. LALLY: And at some point, do you have a conversation — or what if any conversation do you have with the patient, the defend— um—
MR. WOODBURY: So it was, um, when we identified Karen Read as the patient, the ambulance arrived shortly after. We started talking to her and trying to get her into the ambulance to talk to her further.
MR. LALLY: And just to be clear for the — — record, um, when you say "Miss Read," do you see her in the courtroom today?
MR. WOODBURY: Yes, she's right over there.
MR. LALLY: Let the record reflect identification of the defendant by the witness.
JUDGE CANNONE: Yes, thank you.
MR. LALLY: Now, with respect to the defendant, Miss Read, where is she when you first made contact with her on scene when you come back?
MR. WOODBURY: In the general vicinity of where the police cars are.
MR. LALLY: And what is the purpose of this initial conversation that you're having with her?
MR. WOODBURY: For a Section 12, that's when someone's made, um, threats to harm themselves or others. Um, so I just had to judge her mental ability at — — the time, and whether she was a threat to us and how much of a threat she was to herself. So just a quick evaluation, see how her behavior was.
MR. LALLY: And what if any observations did you make of her during your quick conversation?
MR. WOODBURY: Um, she appeared very distraught, very upset. Um, you know, initially just trying to explain the situation to her about going to the hospital with the Section 12, and she was resistant to that.
MR. LALLY: And when you say she was resistant to that, what if anything did she say or do?
MR. WOODBURY: She — well, she did not want to go —
JUDGE CANNONE: Hold on — you can't talk over each other. The objection is overruled. Please go ahead.
MR. LALLY: Um, what was the question again, please? So, um, when you say she was resistant, what if anything did she communicate to you, or what observations did you make in regard to that?
MR. WOODBURY: She did not want to go to the hospital, and she didn't think she needed any assistance.
MR. LALLY: And what if anything are you — you mentioned you were explaining the process — what if anything are you saying in that explanation?
MR. WOODBURY: Well, once a Section 12 gets written — it's written by the police — once it's written, we are required to transport to the hospital. Section 12 means, um, that they believe you're a threat to yourself — — or others. So you have to get evaluated at the hospital by the hospital staff there to see how mentally stable you are.
MR. LALLY: Now, at this time of this conversation, what if anything did you know as far as a relationship between Miss Read and the prior patient, O'Keefe?
MR. WOODBURY: Um, I knew they had a relationship. I wasn't sure if they were married or engaged or what their status was, but I knew she did have a strong relationship with him.
MR. LALLY: And in reference to Mr. O'Keefe, during your conversation with Miss Read, what if anything was she asking or saying in reference to Mr. O'Keefe?
MR. WOODBURY: Um, she kept repeating, "Is he dead? Is he dead?" Um, she seemed very — — concerned about that. We're trying to explain to her that we cannot declare him dead — um, he's being evaluated, he's being treated, they're trying to treat him the best they can.
MR. LALLY: And as far as when she's stating these things to you — as far as the tonality of her voice while she's saying — can you describe that?
MR. WOODBURY: Um, she was very up and down. It was a repetitive conversation with her. Um, she's obviously experiencing a lot of different emotions, so just her emotional state was all over the place.
MR. LALLY: And as far as this second time that you're on scene, about how long a period of time are we talking?
MR. WOODBURY: That was about between 15 and 20 — — minutes.
MR. LALLY: And as far as your conversation with Miss Read, did you stay with her the entire time that she was on scene that second time, or—?
MR. WOODBURY: Um, because she was resistant, we're trying to get her to voluntarily go. Um, if someone voluntarily goes, even with the Section written, they're released a lot quicker, so we're trying to convince her to go willingly — um, versus being forced. If at some point we have to actually force her to go against her will, then it's going to be a much longer hospital stay. So our main goal with staying on the scene so long was to try to get her willingly to go. —makes her experience much better.
MR. LALLY: And just to be clear, when you say "we," who specifically are you referring to?
MR. WOODBURY: It was me, Dan Whitley, Jason Becker — we were the ones talking to her in the back of the ambulance.
MR. LALLY: When you clear — so when you leave the scene, where is Miss Read at that point?
MR. WOODBURY: So the ambulance transported her to the Good Samaritan. We also detailed [unintelligible] as the driver — so the gentleman who had driven, or the firefighter that had driven you in the engine to the scene, drives the ambulance away.
MR. LALLY: Yes, correct. Would you say his name again, please?
MR. LALLY: Sam? What — Sam P? Spell it, please.
MR. WOODBURY: Last name, P— [unintelligible] — is the last—
MR. LALLY: Oh, okay. Thank you. Thank you, sir. I have no further questions.
JUDGE CANNONE: Okay, Mr. Yannetti...
MR. YANNETTI: Good afternoon, sir.
MR. WOODBURY: Good afternoon.
MR. YANNETTI: Mr. Woodbury, you and I have never met or spoken.
MR. WOODBURY: No.
MR. YANNETTI: I know you had said you were nervous, so I'm going to try and— okay. I just have a couple of areas that I'd like to go with. So, with your interaction with Karen Read and what you actually heard from her mouth — that's sort of where I want to concentrate, as opposed to anything that anybody else may have said to you about what they believe she might have said. Okay?
MR. WOODBURY: Okay.
MR. YANNETTI: And it seems to me that your main interaction with her was not when the initial call came in to respond to, you know, a man who was unresponsive in the snow — it was after you went back to the station in the engine and then came back to the scene for the purposes of the Section 12 that you described. Would that be fair to say?
MR. WOODBURY: Correct.
MR. YANNETTI: And when you came back to the scene for the Section 12, it's also fair to say that the Section 12 issue was your focus?
MR. WOODBURY: Correct.
MR. YANNETTI: You had an order in hand?
MR. WOODBURY: The police had it, and they gave it to us when we got there.
MR. YANNETTI: Right, okay. So you got an order in hand once you got there, correct?
MR. WOODBURY: Correct. Which is what you expected to happen.
MR. YANNETTI: Correct. And your focus at that point — and I don't want to be too, you know, flippant — but we can do this the easy way or the hard way. Is that a fair characterization?
MR. WOODBURY: That is one way to put it.
MR. YANNETTI: And you wanted to do it the easy way?
MR. WOODBURY: Yes, correct.
MR. YANNETTI: And you wanted to persuade Karen Read that she should want to do it the easy way?
MR. WOODBURY: Correct. Yes.
MR. YANNETTI: And after some conversation back and forth, where she was initially resistant, she eventually agreed — not to put words in your mouth or hers, but to the effect of yes, we'll do this the easy way. Correct?
MR. WOODBURY: Did get her to transport.
MR. YANNETTI: And with regard to her state of mind, I believe you had testified that she appeared to be very distraught?
MR. WOODBURY: Yes, correct.
MR. YANNETTI: Going through a lot of emotions?
MR. WOODBURY: Yes.
MR. YANNETTI: Grief-stricken?
MR. WOODBURY: That's one of them. Yes.
MR. YANNETTI: Hysterical at times?
MR. WOODBURY: Yes.
MR. YANNETTI: Raising her voice at times?
MR. WOODBURY: Yes.
PARENTHETICAL: [Gap — sidebar, approx. 3 minutes]
MR. YANNETTI: Crying at times?
MR. WOODBURY: I didn't see any actual tears, but — that type, that type of emotional display.
MR. YANNETTI: All right. And so in terms of the only commentary that you heard with regard to her feelings or questions regarding John O'Keefe — it was the statements that you heard repetitively, over and over and over again: "Is he dead? Is he dead? Is he dead? Is he dead?"
MR. WOODBURY: That was some of the things she was saying. Yes.
MR. YANNETTI: to judge Your Honor, may we approach? Sidebar briefly?
JUDGE CANNONE: Okay.
PARENTHETICAL: [Pause — witness reviewing exhibit]
MR. YANNETTI: Having reviewed M for identification, do you recognize what that depicts?
MR. YANNETTI: So — I think Miss [unintelligible], I think you need the actual— yes. I was going to ask a couple of questions first and then grab it, but it's right there for when you need it. Lieutenant Woodbury, on your direct examination, you testified a bit — and I don't want to block the jury here — I'm sorry. You testified a bit about the injuries that you observed on John O'Keefe when you first arrived at the scene, correct?
MR. WOODBURY: Correct. Yes.
MR. YANNETTI: You testified about the swollen eye?
MR. WOODBURY: Yes.
MR. YANNETTI: And you also testified about the scratch marks that you saw on his forearm, correct?
MR. WOODBURY: Correct.
MR. YANNETTI: I'd like to show you — I'm going to approach in a minute — to show you what has been marked M for identification. And when I hand it to you, please keep it to yourself and look at it, and then look up at me when you're done.
PARENTHETICAL: [Gap — recess, approx. 10 minutes]
JUDGE CANNONE: So, jurors, I can assure you that by Monday — I mean, we're in really good shape. It's an organizational situation that I have to deal with, so we've been dealing with that. We appreciate your patience, and we are in good shape. And Mr. Yannetti, if you need the exhibit, it's here.
MR. WOODBURY: Yes.
MR. YANNETTI: What does it depict?
MR. WOODBURY: That is Mr. O'Keefe's right arm.
MR. YANNETTI: All right. Does that photograph appear to be a fair and accurate representation of the scratch marks that you observed on January 29th of 2022, sir?
MR. WOODBURY: Yes.
MR. YANNETTI: I would offer that, your honor.
JUDGE CANNONE: Okay. That will be our next exhibit. And again, we'll have to — maybe renumber. Counsel, before you leave today, we have to figure out how to keep everything straight.
MR. YANNETTI: Understood. And with the Court's permission, your honor, may I have that published on the screen for the jury?
JUDGE CANNONE: Yes. Now, on direct examination, Lieutenant — Hang on, let me have a moment. Good point. I'm going to try to get out of your way so everybody can see. With regard to the injuries that you described on direct examination, Lieutenant, I believe you would mainly— I'm sorry, I need to— please take this down for me. I need to—
MR. YANNETTI: Terrific. May I have it published again?
JUDGE CANNONE: Yes.
MR. YANNETTI: Now, Lieutenant, with regard to the injuries that you observed — did you notice any lividity on the body when you were looking at—
MR. WOODBURY: Being hypothermic, he was very pale overall, so the skin wasn't pinked up yet. It's hard to really judge the rest of the skin that way until it's warmed up.
MR. YANNETTI: And much later into the scene — you are familiar with the term, though?
MR. WOODBURY: Yes.
MR. YANNETTI: Could you just explain that for the jury?
MR. WOODBURY: That's like, uh, bruising — so the pooling of blood in lower sections. So for a cardiac arrest patient, when they have lividity, it looks like bruising on the underside where all the blood has pooled, and we did not really notice that.
MR. YANNETTI: But it's not actually bruising from an injury — it's just the blood settling down?
MR. WOODBURY: It's the same thing.
JUDGE CANNONE: One at a time, please.
MR. YANNETTI: Sorry.
MR. WOODBURY: Yeah, so — it appears like bruising, and bruising is basically pooling of blood under the skin. So lividity is just gravity-fed pooling of blood under the skin.
MR. YANNETTI: And it usually happens — what is the section of the body that is lowest?
MR. WOODBURY: I see.
MR. YANNETTI: Okay. Now, with regard to the scratches that you've testified about, and that you now observe on Exhibit 382 — I believe, and you'll correct me if I'm wrong, but I believe your testimony on direct examination was that you observed them in the forearm area, correct?
MR. WOODBURY: It was the right — like forearm to arm. I was trying to signal, like, right up here — but yeah, I guess that's— it wasn't just on the— just not just— it was the arm area. What I mostly noticed was forearm, but there was some around there.
MR. YANNETTI: Okay, so it wasn't just below the—
MR. WOODBURY: It was up — just below the elbow there was some, above the elbow as well.
MR. YANNETTI: Yep. That's consistent with Exhibit 382?
MR. WOODBURY: Correct. Yes.
MR. YANNETTI: No further questions.
JUDGE CANNONE: Mr. Lally, anything further?
MR. LALLY: No.
JUDGE CANNONE: All right. Lieutenant, thank you very much. You're all set. Next witness, Mr. Lally?