Day 5 - May 6, 2024

ADA Lally uses redirect to clarify several points challenged during cross-examination. Lt. Gallagher explains that Canton PD's 'refusal' meant declining to conduct investigative interviews because Detective Kevin Albert — brother of the Fairview Road property owner — would have been interviewing his own family members. Gallagher testifies that state police have jurisdiction over unattended death investigations and possess superior resources including direct crime lab access and the CARS accident reconstruction team. On the tail light removal, Gallagher states it simply popped out into the criminalist's hands with nothing broken during the process. Regarding cross-contamination concerns about evidence stored near Read's vehicle, Gallagher clarifies that the scenario described was the formal transfer of custody to state police criminalists, who handled the blood evidence and converted it to their own plastic containers.

In a brief recross, Attorney Jackson returns to Lt. Gallagher's redirect testimony that no witnesses placed O'Keefe anywhere but where he was found. Jackson challenges the investigative logic: if a witness simply says they don't know how a body got there, that shouldn't end the inquiry. Gallagher agrees that further investigation — including search warrants — would normally follow when probable cause exists. Jackson then states that none of that was done here, and Gallagher responds there was no probable cause. The exchange ends the witness's testimony.

Sergeant Sean Goode, a 17-year Canton PD veteran working the midnight shift on January 28-29, 2022, describes his role manning the dispatch desk and 911 console. He testifies that Kerry Roberts called just before 5 a.m. asking whether police had picked up a male who hadn't come home, and that Jennifer McCabe called 911 at 6:04 a.m. reporting a man found outside at 34 Fairview Road. Both 911 call recordings (Exhibits 35 and 36) are played for the jury. Goode describes dispatching officers, notifying Lt. Gallagher and Det. Sgt. Lank, and driving to the scene in heavy snow with poor visibility. He also establishes that ATF agent Brian Higgins had a satellite office at the Canton police station and was seen there around 1:30 a.m. that night. The examination ends mid-testimony as the court breaks for lunch, with Lally introducing cruiser dashcam evidence.

Resuming after lunch, ADA Lally walks Sgt. Goode through dashcam footage from cruiser 682 showing his arrival at 34 Fairview Road in heavy snow. Goode describes speaking first with Officer Saraf, then taking statements from Jennifer McCabe and Kerry Roberts, and placing Karen Read in the back of his cruiser where she repeatedly yelled 'Is he dead?' and told him 'I don't know' and 'I think so' when asked how she and O'Keefe ended up there. After Read was sent home with Roberts, dispatch relayed that Read's father reported she was making suicidal threats, prompting officers to initiate a Section 12 involuntary psychiatric hold and transport her to the hospital. Goode and Det. Sgt. Lank then entered 34 Fairview, spoke with Brian and Nicole Albert, and observed nothing unusual inside. Lt. Gallagher directed scene preservation — Goode retrieved his personal leaf blower to clear snow, revealing blood droplets and a broken drinking glass. Dashcam footage showed undisturbed snow with no footprints on the front lawn.

Judge Cannone calls a sidebar, then dismisses the jury with the standard three cautions: no discussing the case, no independent research, and disregard any media exposure. She notes tomorrow will be a half-day session. After the jury exits, the judge discusses timing for an upcoming voir dire, noting she expected the day to end earlier. She proposes 10 to 15 minutes per side, with Jackson and the Commonwealth agreeing. ADA Lally briefly asks whether someone is present.

Defense attorney Alan Jackson conducted voir dire of Canton PD Sergeant Michael Lank, focusing on his longtime friendship with Chris Albert and a 2002 off-duty incident. Jackson established that Lank, while off duty and drinking, got into a physical altercation with Mark and Alfredo Lalo after Chris Albert told him the men were approaching. Lank admitted to punching Mark Lalo, being sued in federal court (which settled), and later arresting both Lalo brothers for witness intimidation at a gas station. Jackson highlighted that the original assault charges against the Lalos resulted in acquittal and the witness intimidation charges were dismissed. Jackson's line of questioning suggested Lank used his position as a police officer to protect his friend Chris Albert.

ADA Adam Lally conducted redirect voir dire of Canton PD Sergeant Michael Lank to counter the defense's implication of bias toward the Albert family. Lally established that Lank was not present for whatever happened between Christopher Albert and the Lalo brothers, that Tim Albert was not present during the altercation, and that Lank actually took out criminal charges against Tim Albert in 2012 alongside Sergeant Sean Goode. Lally also established that the federal lawsuit was settled with no finding of liability. Regarding Brian Albert, Lank described their relationship as merely civil — never socializing one-on-one and never visiting Brian Albert's house. Lally concluded by having Lank deny that any Albert family connection affected his conduct in the January 29, 2022 investigation.

Defense attorney Alan Jackson resumed voir dire of Canton PD Sergeant Michael Lank, focusing on a prior incident in which Tim Albert struck another vehicle and fled to 34 Fairview Road. Jackson established that Lank followed a fluid trail to locate Tim Albert's damaged vehicle at the Fairview address. Jackson then pressed Lank on the lack of any DUI investigation — no field sobriety tests, no breathalyzer, no blood test — despite the hit-and-run circumstances. Attorney David Yannetti took over briefly, establishing that Tim Albert offered only a brief apology, was charged with a misdemeanor, and may have received diversion resulting in a clean record. The questioning suggested that Lank gave Tim Albert preferential treatment due to the Albert family connection.

Defense attorney Alan Jackson argues that Sergeant Lank's personal relationship with the Albert family — demonstrated by a 2002 incident where Lank activated himself as an officer to help Chris Albert — establishes potential bias relevant to his role as the first officer through the door at 34 Fairview Road. Jackson cites the Agar case for the proposition that evidence need only suggest possible bias to be proper for jury consideration. He proposes introducing the evidence through one of the Lalo brothers and corroborating police reports. ADA Lally counters that a 22-year-old incident involving a brother who wasn't present at the scene is irrelevant and would create a trial within a trial. Judge Cannone disagrees with the Commonwealth, indicating the Albert connection gives the evidence admissibility under the Gant decision, but reserves her final ruling pending review of the police reports.