Trial 1 Transcript Daniel Whitley
Trial 1 / Day 4 / May 3, 2024
9 pages · 4 witnesses · 2,323 lines
McLaughlin completed testimony, jurors viewed 34 Fairview Road, and emergency responders described the response and later transport.
Jason Becker - Direct
1 6:16:52

JUDGE CANNONE: The next witness?

2 6:16:53

MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Jason Becker to the stand. JASON BECKER having been first duly sworn, was examined and testified under oath as follows:

3 6:17:18

JUDGE CANNONE: Okay. Whenever you are ready, Mr. Lally.

4 6:17:27

MR. LALLY: Thank you, Your Honor.

5

DIRECT EXAMINATION BY MR. LALLY:

6 6:17:32

MR. LALLY: Good afternoon, sir.

7 6:17:36

MR. WHITLEY: Good afternoon.

8 6:17:39

MR. LALLY: Could you please state your name and spell your last name for the jury?

9 6:18:04

MR. WHITLEY: My first name is Jason. My last name is Becker, B-E-C-K-E-R.

10 6:18:10

MR. LALLY: And what do you do for work, sir?

11 6:18:12

MR. WHITLEY: I'ma firefighter with the Canton Fire Department.

12 6:18:14

MR. LALLY: And how long have you been a member of the Canton Fire Department?

13 6:18:18

MR. WHITLEY: Five and a half years.

14 6:18:20

MR. LALLY: And, prior to that, what, if any, other employment did you have sort of within that same field?

15 6:18:24

MR. WHITLEY: I worked at Fallon Ambulance and South Shore Hospital.

16 6:18:28

MR. LALLY: How long did you work at each of those respective positions?

17 6:18:31

MR. WHITLEY: Fallon Ambulance was about five years. South Shore Hospital approximately three years.

18 6:18:37

MR. LALLY: And, with regard to South Shore Hospital, what is it that you did there?

19 6:18:41

MR. WHITLEY: I was a nursing assistant in the emergency room.

20 6:18:45

MR. LALLY: And, with regard to your work as a firefighter/paramedic for the Canton Fire Department, are you a certified paramedic?

21 6:18:53
22 6:18:54

MR. LALLY: And when did you first receive that certification?

23 6:18:58

MR. WHITLEY: October 2021.

24 6:19:01

MR. LALLY: And is that something that you receive or when you receive that, is it something that goes on in perpetuity, or is that something that you have a continuing educational component or recertification?

25 6:19:14

MR. WHITLEY: It's continuing education. Every two years you have to recertify.

26 6:19:18

MR. LALLY: Now, sir, if I could turn your attention to January 28th, 2022 into January 29th, 2022. Were you working on that occasion?

27 6:19:27

MR. WHITLEY: I was.

28 6:19:28

MR. LALLY: And where were you assigned -- I'm sorry. What type of shift were you working on that occasion?

29 6:19:36

MR. WHITLEY: What type of shift?

30 6:19:37

MR. LALLY: Yes. Like what hour to what hour?

31 6:19:39

MR. WHITLEY: 8:00 a.m. to 8:00 a.m. Twenty-four hours.

32 6:19:41

MR. LALLY: So 8:00 a.m. on the 28th until 8:00 a.m. on the 29th?

33 6:19:44

MR. WHITLEY: Correct.

34 6:19:45

MR. LALLY: And where were you assigned on that day?

35 6:19:48

MR. WHITLEY: I was at Canton Station 2, Ambulance 2.

36 6:19:52

MR. LALLY: And who, if anyone, else was assigned with you to Ambulance 2 at Station 2 on that day?

37 6:19:58

MR. WHITLEY: Daniel Whitley. Firefighter Daniel Whitley.

38 6:20:01

MR. LALLY: Now, at some point when you were working on the 29th, shortly after 6:00 a.m. or so, did you become aware of a call for Station House No. 1?

39 6:20:12
40 6:20:14

MR. LALLY: And what, if anything, were you aware of as far as that earlier call?

41 6:20:18

MR. WHITLEY: As far as we knew, there was a man down on the side of the road, initial dispatch. And I believe it was upgraded eventually to CPR in progress.

42 6:20:29

MR. LALLY: Now, at some point following that, at approximately 6:41 a.m. or so, did your station house get a dispatch to Fairview Road?

43 6:20:39
44 6:20:40

MR. LALLY: And what, if anything, was that dispatch in regard to?

45 6:20:45

MR. WHITLEY: A psych evaluation, possible Section 12.

46 6:20:51

MR. LALLY: And, in addition to yourself and Firefighter Whitley in Ambulance 2, what, if any, other sort of vehicles or apparatus were dispatched by your department to that call, as well?

47 6:21:01

MR. WHITLEY: Canton Engine 3.

48 6:21:03

MR. LALLY: And, if you know, who, if anyone, was on Canton Engine 3 at that time?

49 6:21:07

MR. WHITLEY: Lieutenant Greg Woodbury, Firefighter Sam Poch.

50 6:21:13

MR. LALLY: Now, with regard to the ambulance that you were in with Firefighter Whitley, what were sort of -- well, let me ask you this: Between sort of call volume, what, if any, sort of policy or protocol is there as far as who does what on a particular call?

51 6:21:29

MR. WHITLEY: We switch off.

52 6:21:30

MR. LALLY: And so on this particular call that you were dispatched to Fairview Road, what were sort of each of your respective duties and responsibilities between yourself and Firefighter Whitley?

53 6:21:41

MR. WHITLEY: Firefighter Whitley was the driver at that point, and it was my tech that was called. So the next patient would be mine.

54 6:21:52

MR. LALLY: And so as sort of -- you were the lead tech on this; is that correct?

55 6:21:58

MR. WHITLEY: Correct.

56 6:21:59

MR. LALLY: As far as the lead tech's role, what, if any, duties or responsibilities do you have in regard to writing a report?

57 6:22:06

MR. WHITLEY: It's my report that I'd be writing.

58 6:22:08

MR. LALLY: Your Honor, may I approach the witness?

59 6:22:10
60

BY MR. LALLY:

61 6:22:12

MR. LALLY: I'm showing you a document. I'd just ask you to review that and look up, please.

62 6:22:38

MR. WHITLEY: The first report up here is the engine's. The second one would be mine.

63 6:22:43

MR. LALLY: So you recognize the first few pages of that as the engine's report and the last few are yours, correct?

64 6:22:48

MR. WHITLEY: Correct.

65 6:22:49

MR. LALLY: And that's your report with relation to this dispatch and this call, correct?

66 6:22:52

MR. WHITLEY: Correct.

67 6:22:53

MR. LALLY: May I approach again, Your Honor?

68 6:22:55
69 6:22:55

MR. LALLY: The Commonwealth would seek to introduce this as the next exhibit.

70 6:22:58

JUDGE CANNONE: So both reports through this witness?

71 6:23:00

MR. LALLY: Yes.

72 6:23:00

JUDGE CANNONE: Is there any objection?

73 6:23:01

MR. YANNETTI: I'll just take a look at the D.A.'S copy. Your Honor, may we approach?

74 6:23:08
sidebar Authentication of Separate Reports
75

(Whereupon, there was a sidebar conference as follows:)

76

MR. YANNETTI: Your Honor, my only issue is that he has testified that the engine report is not his. He did not write it. So there is no authentication for that. I would not object to his own report going in.

77

JUDGE CANNONE: It is the same that you gave the last witness --

78

MR. YANNETTI: Only to refresh memory.

79

JUDGE CANNONE: I understand. I don't think anybody realized they were two separate reports before that. Who authored the other report, Mr. Lally? Do you know?

80

MR. LALLY: I believe it would have been -- I'd have to look at it, but either Lieutenant Woodbury or Firefighter Poch, one or the other.

81

JUDGE CANNONE: All right. Would this witness know?

82

MR. LALLY: I think I have a feeling that he might not necessarily, offhand.

83

JUDGE CANNONE: All right. So I'll allow his report in. If you need to call Woodbury for just that point --

84

MR. LALLY: I don't think so.

85

JUDGE CANNONE: All right. And before you go, do you want to mark the other report for identification, Mr. Lally, the first part?

87

(Whereupon, the sidebar conference concluded.)

88 6:24:58

MR. LALLY: With that addendum, I would seek to introduce and admit that as the next exhibit.

89 6:25:00
90 6:25:01

COURT REPORTER: Jason Becker's report, Exhibit 383.

91

(Whereupon, report of Jason Becker was entered and marked Exhibit No. 383 in Evidence.)

92 6:25:06

MR. LALLY: And, Your Honor, with the Court's permission, can I return the report to the witness for his testimony?

93 6:25:20
94

BY MR. LALLY:

95 6:25:21

MR. LALLY: Now, sir, when you first sort of arrive in the area of Fairview Road, what, if anything, is it that you first observe upon your arrival?

96 6:25:36

MR. WHITLEY: Coming down the street or on scene?

97 6:25:37

MR. LALLY: Yes. Coming down the street.

98 6:25:38

MR. WHITLEY: Coming down the street, I see police lights. I can see the fire engine. And I believe there is one black SUV.

99 6:25:50

MR. LALLY: And where is it that you and the ambulance sort of park in reference to those other vehicles that you see?

100 6:25:58

MR. WHITLEY: I believe we parked -- if the SUV was facing towards us, we parked to the left. I don't recall where the police cruiser was, though.

101 6:26:07

MR. LALLY: And, when you first arrived there, who, if anyone, is it that you first speak with when you get there?

102 6:26:17

MR. WHITLEY: When we got out of the ambulance, I passed Officer Saraf and Officer Mullaney. They kind of briefed us, and then I walked over to the black SUV.

103 6:26:30

MR. LALLY: And, when you walk over to the black SUV, who is it that you observe in that black SUV?

104 6:26:36

MR. WHITLEY: Two females.

105 6:26:39

MR. LALLY: And, of those two females, do you see one of them in the courtroom today?

106 6:26:44

MR. WHITLEY: I do.

107 6:26:45

MR. LALLY: Could you just identify as to where she is seated or an article of clothing that she's wearing?

108 6:26:50

MR. WHITLEY: Right over there with the jacket on.

109 6:26:51

MR. LALLY: I'd just ask that the record reflect the identification of the defendant by the witness.

110 6:26:57
111 6:26:57

MR. LALLY: Thank you.

112

BY MR. LALLY:

113 6:26:59

MR. LALLY: Now, with respect to the defendant, Ms. Read, where within the vehicle is she when you first come up to the vehicle and observe her?

114 6:27:03

MR. WHITLEY: From what I remember, she was in the front passenger seat.

115 6:27:10

MR. LALLY: And what, if any, knowledge did you have as far as the defendant, Ms. Read, and her relationship to the earlier call that Ambulance 1 had been dispatched to?

116 6:27:25

MR. WHITLEY: Very little. I think we had gotten briefed that she was the wife of the previous patient.

117 6:27:32

MR. LALLY: And was that something that she had stated or something that somebody else had stated? Where does that awareness come from?

118 6:27:36

MR. WHITLEY: I believe it was one of the Canton police officers that said it.

119 6:27:40

JUDGE CANNONE: I'm sorry. What was that answer?

120 6:27:41

MR. WHITLEY: It was one of the Canton police officers.

121 6:27:43
122

BY MR. LALLY:

123 6:27:54

MR. LALLY: And so when you walk up to the car, what is it that you say to her or what, if any, conversation did you have with Ms. Read at that point?

124 6:28:01

MR. WHITLEY: So I went up to the window, and I introduced myself and just kind of asked what was going on.

125 6:28:07

MR. LALLY: And how did she respond to that?

126 6:28:10

MR. WHITLEY: She was kind of pretty distraught. She was crying. She kind of told us the statements she may have made, she didn't mean it because of the current events that she had just gone through.

127 6:28:23

MR. LALLY: And what, if anything, did she say about that? What, if anything, did she say about what she had gone through?

128 6:28:29

MR. WHITLEY: That she had just done CPR on her husband.

129 6:28:35

MR. LALLY: And so she referred to him as her husband, as well?

130 6:28:38
131 6:28:41

MR. LALLY: This conversation that you had sort of at the side of the SUV, is that through the door, through the window?

132 6:28:48

MR. WHITLEY: From what I recall, it was through the window.

133 6:28:51

MR. LALLY: And, at some point, does the conversation move to the ambulance?

134 6:28:55

MR. WHITLEY: Correct.

135 6:28:55

MR. LALLY: And about how long was the conversation at the vehicle before the conversation shifted to the ambulance?

136 6:29:02

MR. WHITLEY: Probably 10 minutes.

137 6:29:05

MR. LALLY: And, as far as -- you're dispatched for a psych or a Section 12, correct?

138 6:29:11

MR. WHITLEY: Correct.

139 6:29:12

MR. LALLY: Can you explain to the jury sort of that process just in general terms first as far as what does that process entail?

140 6:29:19

MR. WHITLEY: When we got on scene?

141 6:29:22

MR. LALLY: Yes.

142 6:29:23

MR. WHITLEY: We go on scene. We kind of look at the environment, see what the environment is like, see if the patient is cooperative, uncooperative, what their demeanor is, if there is any obvious self-harm. lft there is none, we kind of go up and talk to them, get a rapport and ask some basic triage questions.

143 6:29:43

MR. LALLY: And is that sort of the policy or the protocol or what you followed in this instance with Ms. Read?

144 6:29:49

MR. WHITLEY: Correct.

145 6:29:52

MR. LALLY: Now, beyond what she had indicated to you initially, what, if anything, was she asking you during the course of your conversation with her once you were in the ambulance?

146 6:30:04

MR. WHITLEY: She kept asking me if he was dead or could he be dead.

147 6:30:08

MR. LALLY: Is that something that she said once or more than once or something else?

148 6:30:11

MR. WHITLEY: More than once.

149 6:30:13

MR. LALLY: And can you describe sort of the tone of her voice when she was saying that?

150 6:30:18

MR. WHITLEY: It was pretty -- it was kind of like a -- it was a rapid kind of speech, a lot of repetitive.

151 6:30:28

MR. LALLY: And, aS you were speaking with her, what, if any, observations did you make of her facial area?

152 6:30:35

MR. WHITLEY: She had blood on her face and her neck and her chin. Blood around her mouth, her neck and chin.

153 6:30:45

MR. LALLY: And so with regard to sort of any earlier Suicidal statements, what, if anything, did she say in relation to that?

154 6:30:52

MR. WHITLEY: She said she made them because she just went through traumatic events, seeing her husband dead and she had no plan on acting on it.

155 6:31:05

MR. LALLY: Now, pursuant to a Section 12 call, what, if anything, are you doing as far as documentation goes with respect to vital signs, things like that?

156 6:31:18

MR. WHITLEY: It depends on the situation. In a situation of Ms. Read's, I took just regular vital signs, pulse oximetry, heart rate. But for someone like a female psych patient, it's more verbal.

157 6:31:35

MR. LALLY: And, as far as any of those sort of vital signs and things that you took, what, if anything, abnormal did you note in regard to that?

158 6:31:48

MR. WHITLEY: Nothing too abnormal. The heart rate might have been a little bit high but within normal range.

159 6:31:52

JUDGE CANNONE: Could you please keep your voice up, sir? Thank you.

160 6:31:55

MR. WHITLEY: Sorry. With the vital signs, her heart rate was a little high. It was 98 but it was nothing concerning.

161

BY MR. LALLY:

162 6:32:02

MR. LALLY: And, during the time that you're having this conversation with her in the back of the ambulance, how would you describe her demeanor throughout?

163 6:32:11

MR. WHITLEY: She would have periods of calmness, and then other periods she would appear agitated because she didn't want to go to the hospital. But, all in all, she was cooperative with us.

164 6:32:23

MR. LALLY: Now, at some point, there is -- she is cooperative, correct, and agrees to go?

165 6:32:38

MR. WHITLEY: Eventually, yes.

166 6:32:40

MR. LALLY: When you say "eventually," was there some conversation related to that?

167 6:32:43

MR. WHITLEY: We kind of mentioned to her basically what a Section 12 is. And, unfortunately, she'd have to come with us voluntarily or involuntarily.

168 6:32:50

MR. LALLY: So you were explaining the process to her; is that correct?

169 6:32:54

MR. WHITLEY: Correct.

170 6:32:54

MR. LALLY: And eventually she agrees to go, correct?

171 6:32:56

MR. WHITLEY: Correct.

172 6:32:58

MR. LALLY: And as far as the transport goes, who, if anyone, is in the back of the ambulance with her during the transport period?

173 6:33:03

MR. WHITLEY: Me and Firefighter Whitley.

174 6:33:05

MR. LALLY: And who, if anyone, was driving the ambulance to the hospital?

175 6:33:10

MR. WHITLEY: Firefighter Poch.

176 6:33:11

MR. LALLY: And which hospital did you transport to?

177 6:33:14

MR. WHITLEY: To the Good Samaritan Hospital.

178 6:33:16

MR. LALLY: Now, during the course of transfer to the hospital or transport to the hospital, what, if anything else, did Ms. Read say with reference to children?

179 6:33:28

MR. WHITLEY: She was asking -- she was talking about Mr. O'Keefe's children. She wasn't sure. She didn't know if she would be able to take care of them. She was worried about that. She was worried about who would take care of the children if he was pronounced dead.

180 6:33:53

MR. LALLY: And what, if anything, did she say about herself in reference to the children?

181 6:33:58

MR. WHITLEY: She didn't think that she could take care of them on her own.

182 6:34:03

MR. LALLY: Now, as far as this other person or patient from the earlier call, how did she refer to that person in relation to herself?

183 6:34:13

MR. WHITLEY: She was calling him husband.

184 6:34:20

MR. LALLY: Now, with reference to this particular -- with reference to Ms. Read in this conversation, what, if anything, did she say in regard to the last time that she had spoken to who she called her husband?

185 6:34:34

MR. WHITLEY: She had said that they had gotten into an argument. She was sad because that was the last thing she had said to him, was the argument. But she didn't go into detail and what the argument was about or what was said.

186 6:35:02

MR. LALLY: Now, with regard to her speaking about sort of the children, what, if any, further conversation did either yourself of Firefighter Whitley have with her in regard --

187 6:35:23

MR. WHITLEY: With children?

188 6:35:24

MR. LALLY: Yes.

189 6:35:25

MR. WHITLEY: I don't recall.

190 6:35:31

MR. LALLY: The other female party that Ms. Read was initially with in the vehicle when you first arrived, did you know who that was?

191 6:35:37

MR. WHITLEY: I don't know who she was.

192 6:35:39

MR. LALLY: And, at any point in time subsequent to that, did you learn who she was?

193 6:35:44

MR. WHITLEY: I did.

194 6:35:45

MR. LALLY: And who did you learn her to be?

195 6:35:48

MR. WHITLEY: She was Ms. Kerry Roberts.

196 6:35:50

MR. LALLY: And, with relation to your conversation with Ms. Read on that day of January 29th, what, if anything, did she say about Ms. Roberts?

197 6:36:15

MR. YANNETTI: Objection.

198 6:36:16

JUDGE CANNONE: Sustained.

199

BY MR. LALLY:

200 6:36:17

MR. LALLY: With regard to the sort of medical questions that you were asking, from those medical questions, what, if any, questions would you typically ask someone with relation to consumption of alcohol or drugs?

201 6:36:33

MR. WHITLEY: Probably in the psych assessment, I had asked if she had taken any drugs or alcohol. And she denied it at that point.

202 6:36:40

MR. LALLY: She had not, correct?

203 6:36:43

MR. WHITLEY: Correct.

204 6:36:52

MR. LALLY: The observations that you testified to earlier in regard to her -- and, by "her," I mean Ms. Read's demeanor, did that change at all during the course of your interaction with her, or was that consistent throughout?

205 6:37:09

MR. WHITLEY: Demeanor as in --

206 6:37:15

MR. LALLY: That's a poorly phrased question. I am going to try and rephrase it for you. So with regard to her demeanor throughout the course of your interaction with her, how would you describe that?

207 6:37:26

MR. WHITLEY: So she was cooperative and she would be calm and then eventually she would get a little agitated and repetitive questions. So she seemed distraught.

208 6:37:40

MR. LALLY: Now, with respect to the person she indicated was her husband, what, if any, questions did she ask either you or Firefighter Whitley or both in relation to him?

209 6:37:51

MR. WHITLEY: She was asking if he was dead, could he be dead, could he be dead. And she said, could I have hit him.

210 6:38:02

MR. LALLY: Was that something that she asked once or more than once?

211 6:38:04

MR. WHITLEY: It wasn't a lot. It was more could he be dead, could he be dead.

212 6:38:10

MR. LALLY: So somewhat repetitive; is that correct?

213 6:38:13

MR. WHITLEY: Correct.

214 6:38:16

MR. LALLY: Just one moment, Your Honor?

215 6:38:20
216

BY MR. LALLY:

217 6:38:21

MR. LALLY: I'm sorry. Firefighter Becker, just for my own clarification, you had testified earlier that when you first arrived on scene and you first spoke with Ms. Read, she indicated that there were some statements that she -- she said that there were some statements that she did not mean, correct?

218 6:39:08

MR. WHITLEY: Correct. Suicidal statements.

219 6:39:10

MR. LALLY: Exactly. So my question is that was in reference to the suicidal statements she had made prior to your arrival, correct?

220 6:39:16

MR. WHITLEY: Correct.

221 6:39:17

MR. LALLY: Not to any subsequent statements, correct?

222 6:39:19

MR. WHITLEY: Correct.

223 6:39:21

MR. LALLY: Nothing further.

224 6:39:23

JUDGE CANNONE: All right. Cross-examination.

225 6:39:25

MR. YANNETTI: Thank you, Your Honor.

226

CROSS-EXAMINATION BY MR. YANNETTI

227 6:39:30

MR. YANNETTI: Good afternoon, sir.

228 6:39:31

MR. WHITLEY: Good afternoon.

229 6:39:33

MR. YANNETTI: You and I have never met, right?

230 6:39:34

MR. WHITLEY: I don't believe so.

231 6:39:35

MR. YANNETTI: I wanted to go back to one piece of testimony that you offered on direct examination, if I may.

232 6:39:47

MR. WHITLEY: Sure.

233 6:39:47

MR. YANNETTI: You had, in response to a question from the prosecutor about the medical history and your question to Ms. Read about whether she had had any alcohol to drink, I believe your answer today was she denied having drunk alcohol the night before?

234 6:40:12

MR. WHITLEY: At the time that she was -- I mean, I didn't -- I don't know if she drank alcohol before. But, at that time, I asked if she had any drugs or alcohol. She said no.

235 6:40:22

MR. LALLY: I'm sorry. I just didn't hear the answer.

236 6:40:23

JUDGE CANNONE: You need to keep your voice up and speak directly into the microphone.

237 6:40:27

MR. WHITLEY: Sorry. I asked her if she had any drugs or alcohol, and she said no.

238

BY MR. YANNETTI:

239 6:40:30

MR. YANNETTI: Oh, if she had any drugs or alcohol?

240 6:40:32

MR. WHITLEY: Taken any drugs or alcohol. She said no.

241 6:40:34

MR. YANNETTI: Did you specify a time period?

242 6:40:37

MR. WHITLEY: I just assumed in the last few hours for the reason why we were there.

243 6:40:41

MR. YANNETTI: Oh, I see. Okay. So you --

244 6:40:43

MR. WHITLEY: I'm not sure if she had alcohol days prior, but the reason why we were there.

245 6:40:54

MR. YANNETTI: Was it your understanding that the two of you had an understanding of what you were asking?

246 6:41:00

MR. WHITLEY: sure.

247 6:41:01

MR. LALLY: Objection. Move to strike, Your Honor.

248 6:41:01

JUDGE CANNONE: The objection is sustained. It's stricken. Ask the question again, Mr. Yannetti.

249 6:41:08

MR. YANNETTI: Sure. Thank you, Your Honor.

250

BY MR. YANNETTI:

251 6:41:10

MR. YANNETTI: So I guess with regard to your intent and your state of mind when you were asking that gquestion, you were asking had you taken any drugs or alcohol within the last few hours? That's what you meant to ask?

252 6:41:24

MR. LALLY: Objection.

253 6:41:24

JUDGE CANNONE: So the objection is sustained.

254

BY MR. YANNETTI:

255 6:41:26

MR. YANNETTI: What did you specifically ask?

256 6:41:28

MR. WHITLEY: So when I ask a patient if any drugs or alcohol, I'm talking about at that point in time, but an hour before, two hours before, not days before or weeks before.

257 6:41:39

MR. YANNETTI: Okay. And this was at 6:40 in the morning, correct?

258 6:41:42

MR. WHITLEY: Correct.

259 6:41:43

MR. YANNETTI: Did you smell any alcohol on her at that time?

260 6:41:46

MR. WHITLEY: I did not.

261 6:41:46

MR. YANNETTI: Okay. You would agree that she did tell you at some point that she had had alcohol the night before, correct?

262 6:41:56
263 6:41:57

MR. YANNETTI: All right. So this is now -- what is today? May 3rd of 2024?

264 6:42:05

MR. WHITLEY: Correct.

265 6:42:06

MR. YANNETTI: This happened back on January 29th of 2022?

266 6:42:12

MR. WHITLEY: Correct.

267 6:42:14

MR. YANNETTI: You were interviewed by a Trooper Michael Proctor on February 14th of 2022. Do you recall that?

268 6:42:23

MR. WHITLEY: I recall meeting with him, yes.

269 6:42:25

MR. YANNETTI: And February 14th of 2022 would have been a little bit more than two weeks after January 29th of 2022, correct?

270 6:42:35

MR. WHITLEY: Correct.

271 6:42:36

MR. YANNETTI: Your memory of what Karen Read told you about whether she had anything to drink the night before would have been much better on February 14th of 2022 when you were talking to Trooper Michael Proctor than it would be today, correct?

272 6:42:52

MR. WHITLEY: Correct.

273 6:42:53

MR. YANNETTI: Because your memory doesn't get better over time, correct?

274 6:42:57

MR. WHITLEY: In certain circumstances, sure.

275 6:42:59

MR. YANNETTI: All right. And, with regard to whether Karen had indicated that she took any drugs, you told Trooper Proctor she said that she had not, correct?

276 6:43:17

MR. WHITLEY: Correct.

277 6:43:17

MR. YANNETTI: With regard to whether she had had alcohol the night before, you told Trooper Proctor on February 14th of 2022 that she did consume alcohol last night, correct?

278 6:43:32

MR. LALLY: Objection, Your Honor.

279 6:43:33

JUDGE CANNONE: I'll see you at sidebar.

sidebar Use of Trooper Report
280

(Whereupon, there was a sidebar conference as follows:)

281

JUDGE CANNONE: So what is the objection?

282

MR. LALLY: Your Honor, essentially, counsel is just reading from the report without any sort of indications from the witness that his memory is exhausted as to that or what he told. He is reading Trooper Proctor's report and asking him if he agrees with it.

283

JUDGE CANNONE: Okay. The objection is overruled. You can do that.

284

MR. LALLY: Thank you.

285

(Whereupon, the sidebar conference concluded.)

286 6:44:21

MR. YANNETTI: With your permission, I'll repeat the question.

287

BY MR. YANNETTI:

288 6:44:24

MR. YANNETTI: You told Trooper Proctor on February 14th of 2022 that Karen had told you that she did consume alcohol the pervious night, correct?

289 6:44:38

MR. WHITLEY: That's in his notes.

290 6:44:41

MR. YANNETTI: Well, is your memory exhausted as to whether you told him that?

291 6:44:44

MR. WHITLEY: I don't recall.

292 6:44:46

MR. YANNETTI: If you saw his report with your statements in it, would that refresh your memory?

293 6:44:49

MR. WHITLEY: Sure.

294 6:44:51

MR. YANNETTI: It's a two-page report. I'll give them both -- actually, it's a two-page report. I'll give you both pages, but I have highlighted a line on the second page. So I would direct you to that.

295 6:45:02

MR. YANNETTI: May I approach?

296 6:45:03

JUDGE CANNONE: Yes. And take your time reading it, sir.

297

BY MR. YANNETTI:

298 6:45:06

MR. YANNETTI: Yes. Please read it silently to yourself and look up at me when you're done.

299 6:45:40

MR. WHITLEY: (Witness complies.) So I did say she --

300 6:45:56

JUDGE CANNONE: So, Mr. Becker, wait for a question.

301 6:45:58

MR. WHITLEY: I'm sorry.

302 6:45:59

JUDGE CANNONE: But, also, you have to keep your voice up. I'm close to you, and I'm having trouble hearing you. Most of the jurors are further away.

303

BY MR. YANNETTI:

304 6:46:06

MR. YANNETTI: The way this works is I have to collect that from you and then ask you a guestion. Okay?

305 6:46:10

MR. WHITLEY: All set.

306 6:46:10

MR. YANNETTI: May I approach, Your Honor?

307 6:46:12
308

BY MR. YANNETTI:

309 6:46:18

MR. YANNETTI: Having reviewed that document, does that refresh your memory as to whether or not Karen Read -- strike that. Having reviewed that report, does that refresh your memory as to the fact that you --

310 6:46:30

JUDGE CANNONE: Does that refresh your memory.

311

BY MR. YANNETTI:

312 6:46:32

MR. YANNETTI: Does that refresh your memory?

313 6:46:33

MR. WHITLEY: It does.

314 6:46:34

MR. YANNETTI: Okay. Did you tell Trooper Proctor on February 14th that Karen Read had told you on January 29th that she had consumed alcohol the night before that?

315 6:46:49
316 6:46:50

MR. YANNETTI: Okay. Is it fair to say that when you were listening to her talk at times that her speech was very rapid?

317 6:47:03

MR. WHITLEY: Correct.

318 6:47:04

MR. YANNETTI: And particularly when she had said the words, you know, "is he dead, is he dead," she would repeat it repetitively, correct?

319 6:47:15

MR. WHITLEY: Correct.

320 6:47:15

MR. YANNETTI: And she was fixated on that, correct?

321 6:47:19

MR. WHITLEY: Correct.

322 6:47:19

MR. YANNETTI: And, with regard to the last interaction that she spoke about with whom you thought she said, her husband, she didn't give you any detail about that, correct?

323 6:47:41

MR. WHITLEY: She did not.

324 6:47:42

MR. YANNETTI: You don't know whether it was an in-person communication?

325 6:47:46

MR. WHITLEY: That wasn't my position to ask more details about that.

326 6:47:51

MR. YANNETTI: And I'm not criticizing you, sir. I'm just trying to get to what your knowledge was in terms of the information you got from her. So she didn't specify that it was an in- person communication, correct?

327 6:48:02
328 6:48:02

MR. YANNETTI: She didn't specify as to whether it was a phone conversation?

329 6:48:06

MR. WHITLEY: She did not.

330 6:48:07

MR. YANNETTI: She didn't specify whether it was a text message exchange back and forth?

331 6:48:11

MR. WHITLEY: She did not.

332 6:48:11

MR. YANNETTI: And she didn't specify whether it was an angry voicemail that she left, correct?

333 6:48:18

MR. WHITLEY: She did not.

334 6:48:27

MR. YANNETTI: No further questions. Thank you.

Procedural David Yannetti Procedural - Motions
335 6:48:29

MR. LALLY: Just one moment, Your Honor?

336 6:48:30
337 6:48:50

MR. LALLY: I have nothing further for this witness, Your Honor.

338 6:48:52

JUDGE CANNONE: All right. Mr. Becker or Firefighter Becker, you are all set.

339

(Whereupon, the witness is excused.)

340 6:48:57

MR. WHITLEY: Thank you. Sorry about that.

341 6:48:58

JUDGE CANNONE: That's okay. You can leave that right where it is. Thank you, sir. Your next witness, Mr. Lally?

342 6:49:05

MR. LALLY: Your Honor, may we approach?

343 6:49:07
sidebar Friday Jury Release
344

(Whereupon, there was a sidebar conference as follows:)

345

JUDGE CANNONE: What's Tony's name? Call him over please. Could you come over, please?

346

COURT OFFICER: Yes, Your Honor?

347

JUDGE CANNONE: Thank you. I appreciate that. Thank you very much. All right. Mr. Lally, why did you want to come to side bar?

348

MR. LALLY: Your Honor, just in regard to scheduling. I know the Court -- I'm fine to keep going with the next witness, who will be Lieutenant Gallagher. I remember the Court Saying something about sometime at the end today.

349

JUDGE CANNONE: A jury is never going to mind leaving a few minutes early on a Friday. Is that what you'd prefer to do?

350

MR. YANNETTI: That's perfectly fine.

351

MR. LALLY: I think rather than starting with his testimony and --

352

JUDGE CANNONE: Okay. So I am going to let them go now. You all stick around.

353

MR. LALLY: Great. Thank you.

354

(Whereupon, the sidebar conference concluded.)

Procedural David Yannetti Procedural - Motions (Resumed)
355 6:50:38

JUDGE CANNONE: So, jurors, it makes sense that rather than starting with another witness, I figure it's a Friday afternoon. It's been a long week for you all. We will excuse you at this point. So please, do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear or read anything about this case. disregard it and let us know. Have a great weekend. Monday will be a full day. We will see you first thing Monday morning.

356

(Whereupon, the jury is escorted from the courtroom and excused for the weekend at 3:40 p.m.)

Continue to next page Procedural - Exhibits