Commonwealth v. Read — Trial ArchiveKatie McLaughlin — Direct (Part 2)
90 linesPROCEEDINGS May 3, 2024
(Court in session at 9:07 a.m.)
(Defendant present. Jury present.)
COURT CLERK: Commonwealth v. Karen Read, 2282CRO0117. Would counsel identify yourselves for the record?
MR. LALLY: Adam Lally, for the Commonwealth. Good morning, Your Honor.
JUDGE CANNONE: Good morning.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin, for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Good morning, Your Honor. Alan Jackson, for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Ms. Little.
MR. YANNETTI: Good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. Good morning, jurors. I have to ask you those same three questions. Were you able to follow the instructions and refrain from discussing this case with anyone since we left here yesterday? Everyone says yes and nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left yesterday? Everyone said no or shook their heads. So while you bring your witness in, Mr. Lally, I'd like to see counsel at sidebar for a brief moment. If they could bring in Ms. McLaughlin, please.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Good morning. Come closer to the microphones, please. So a few things. So I was given copies, I think, of Exhibits 26 and 379 from the defense this morning. Do those contain all of the videos that you intend to introduce as evidence?
MS. LITTLE: I provided the Court with the copies of the ones that we had put side by side.
JUDGE CANNONE: Okay. I want all the ones that you intend to introduce. I don't want surprises like this. So I know you can't get them today. That's what -- I thought it was clear I wanted to spend the time this weekend reviewing them.
MS. LITTLE: You want all of our exhibits for the rest of trial?
JUDGE CANNONE: The video ones, the ones that you intend --
MS. LITTLE: Of the side-by-side?
JUDGE CANNONE: Whatever you're playing for the jury, not the print ones. I'm not concerned about the print ones.
MR. JACKSON: Anything that's video.
JUDGE CANNONE: Anything that's video.
MS. LITTLE: I believe the Commonwealth already admitted the rest of the just regular dash cam videos.
JUDGE CANNONE: So nothing really is in evidence, and that's part of what I'll talk about here fora minute, as well. Mr. Lally, I would like at least the corresponding Commonwealth dash cam videos that the Commonwealth has the original dash cam videos that the Commonwealth has introduced. That's one. The second thing is yesterday, Mr. Jackson, you referred to the court reporter as "Nancy." We are much more formal than that here generally. But my big concern is that I've known Madam Court Reporter for 35 years. I've never called her by name, particularly in a case where people's personal information has been put about on the Internet. I cannot allow that. All right? I don't think you meant anything by it.
MR. JACKSON: I certainly didn't --
JUDGE CANNONE: I am not saying that you did. We have to be extra careful about that. The third thing is please come to sidebar before any videos are played that I haven't seen yet. Okay?
MR. LALLY: Sure.
JUDGE CANNONE: What's been going on with the exhibits, I know you've premarked a ton of exhibits and I know Madam Court Reporter has been here all day marking exhibits, close to 600. It's too sloppy. We are going back to the old-fashioned way. Yesterday -- the exhibits are available for the press on Tuesday and Thursday afternoons. That wonderful person from the clerk's office here that is doing that had the good sense to send it to me beforehand. And the Exhibit No. 140, the fire department report, when I reviewed it -- I don't see these exhibits. Ordinarily, when exhibits are introduced into evidence, I get to see it. I have a copy of it. They are supposed to be held by the clerk and held overnight. I don't know where these exhibits are. And, if there are 600 of them, they all need to be here. So we are going back to the old-fashioned way because on page 1 of 5 of what's been marked as Exhibit 160 -- and we are going to mark this for identification for these purposes.
COURT REPORTER: That will be "G" for Identification, Your Honor.
(Whereupon, Incident report, previously Exhibit No. 160, was entered and marked Exhibit "G" for Identification.)
JUDGE CANNONE: On page 1 of 5 is all of John O'Keefe's personal identifying information. That could have been on the front page of the Globe today.
MS. LITTLE: It's not our exhibit.
JUDGE CANNONE: It's got to be redacted. All exhibits have to be redacted before they are admitted into evidence. It may take a half a day. We will break early if you need to do that. But they have to be cleared. Ina case that doesn't have press interest, we let people do it maybe later that day or the next day. It has to be cleared. This never should have happened, Mr. Lally.
MR. LALLY: Yes.
JUDGE CANNONE: So it's not going to happen. All right? So premarking exhibits is out. We are going to do it the old-fashioned way. If you're in agreement with exhibits, I still need to see them beforehand before they come in.
MR. LALLY: Sure.
JUDGE CANNONE: You don't need to go authenticate everything if you're in agreement and it's obvious.
MR. LALLY: Got it.
JUDGE CANNONE: And I don't need 100 pictures of snow. I'm just saying. All right. The jurors aren't going to look at 600 exhibits. I can't imagine that they won't. All right? So let's just move this case along. I'm not interfering with how you try the case, but I do have a role here and these are important. All right? I was supposed to be gone. I was glad I was still here. This could have just gone out. Okay?
MR. JACKSON: Please apologize to Madam Court Reporter. I certainly did not mean to offend.
JUDGE CANNONE: Nobody thinks you meant it. And I think it just underscores the point that the less unnecessary chatter even during questions, the better.
MR. JACKSON: Right.
JUDGE CANNONE: There's less of a chance that this could -- just ask a question and no comment, even the CPR, you not being certified except as -- we are not used to that here.
MR. JACKSON: Right.
JUDGE CANNONE: And I really don't want it.
MR. JACKSON: Right.
JUDGE CANNONE: Then there is less chance of a problem.
MR. JACKSON: Okay.
JUDGE CANNONE: All right. Thank you. Okay. We will bring the witness in.
(Whereupon, the sidebar conference concluded.)
Whereupon, KATIE MC LAUGHLIN, Resuming having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Whenever you are ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor. DIRECT EXAMINATION, Continued
BY MR. LALLY:
MR. LALLY: Good morning, ma'am.
MS. MCLAUGHLIN: Good morning.
MR. LALLY: Now, I have a few more questions for you. So if I could turn your attention to the period of time you testified about yesterday, when you're -- Mr. O'Keefe is in the back of the ambulance. With respect to his clothing, what, if any, observations did you make in regard to that clothing?
MS. MCLAUGHLIN: He had -- in terms of what he was wearing?
MR. LALLY: First in terms of what he was wearing, yes.
MS. MCLAUGHLIN: He was wearing jeans. He had on a dark colored light zip-up jacket, and I noticed one sneaker.
MR. LALLY: Now, with regard to that clothing, what, if any, observations did you make in regard to the condition of that clothing?
MS. MCLAUGHLIN: It was soaked through.
MR. LALLY: Now, as far as tears or holes or anything else with regard to that clothing, what, if any, observations did you make of that?
MS. MCLAUGHLIN: I didn't see any.
MR. LALLY: Ms. Gilman, if I could have Exhibit No. 18, please. May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: This is a laser pointer. Just press on that button there.
MS. MCLAUGHLIN: Okay.
MR. LALLY: Now, first, Firefighter McLaughlin, do you recognize what's up on the screen as Exhibit 18?
MS. MCLAUGHLIN: Do I recognize --
MR. LALLY: Do you recognize what it is?
MS. MCLAUGHLIN: -- what it is?
MR. LALLY: Yes.
MS. MCLAUGHLIN: Yes.
MR. LALLY: And what do you recognize this to be?
MS. MCLAUGHLIN: The address of the call, 34 Fairview Road.
MR. LALLY: Now, with respect to this photograph, do you observe where Mr. O'Keefe was on the ground when you first arrived?
MS. MCLAUGHLIN: From this angle, no, I don't.
MR. LALLY: And, if you could, if it's not on the photograph, is it off to the left, right or where would it be in relation to this photograph?
MS. MCLAUGHLIN: To the left, I would say.
MR. LALLY: And about how far off frame do you believe it was?
MS. MCLAUGHLIN: I'm not sure. So my view of the call, my reference point wasn't a house on either side. The patient was off the road. So my view of this call was the patient was on the side of the road. The only thing that I noted was a fire hydrant. So in relation to -- I know it was to the left of the house, but I'm not sure exactly how far left it would be from this picture, from this angle.
MR. LALLY: So your memory is to the left of the house, near a fire hydrant; is that correct?
MS. MCLAUGHLIN: Yes.
MR. LALLY: Thank you. I have no further questions.
JUDGE CANNONE: All right. Cross-examination?
MR. JACKSON: Thank you, Your Honor.