Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
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Day 5 - May 6, 2024

Judge Beverly J. Cannone · Trial 1 · 12 proceedings · 2,741 lines

Day 5 of 35
Appearing:
🏛️ Adam Lally 🛡️ Alan Jackson 🛡️ David Yannetti 👮 Michael Lank 👮 Sean Goode 👮 Paul Gallagher

Lt. Gallagher, Sgt. Goode, and Sgt. Lank testify about scene evidence collection and transfer, first-response observations, police procedures, and defense questions concerning relationships with the Albert family.

Full day summary

Day 5 focused on Canton PD officers at the center of the initial investigation. Lt. Paul Gallagher and Sgt. Sean Goode testified about responding to 34 Fairview Road on January 29, 2022, with the prosecution establishing scene conditions, physical evidence recovery, and Read's distressed statements. Defense cross-examinations highlighted evidence-collection and scene-preservation issues, including blood collected in unsterilized Red Solo cups, no crime scene log or guard posted, and no taillight fragments found during the initial search. Jackson used February 1 transfer photographs to argue that open blood near Read's SUV created a cross-contamination risk; Gallagher said the photographs showed a criminalist transferring the samples into State Police containers and said he was not concerned about cross-contamination. Critically, Goode testified he never heard Karen Read say 'I hit him' during the hour and forty minutes he spent on scene. The afternoon shifted to voir dire of Sgt. Michael Lank, where the defense argued two prior incidents reflected Albert-family favoritism. Lank denied using his badge to protect Chris Albert and could not confirm claims of diversion or record-clearing in the Tim Albert matter; the prosecution elicited that Lank had helped bring charges against Tim Albert in 2012 and denied that Albert connections affected his investigation. Judge Cannone rejected the Commonwealth's relevance objection but reserved the final ruling and scope pending police reports.

Key Moments
  • Defense elicited that blood evidence was collected in unsterilized Red Solo cups borrowed from a neighbor and used February 1 transfer photographs to argue that open samples near Karen Read's SUV created a cross-contamination risk; Gallagher said the photographs showed a criminalist transferring the samples into State Police containers and said he was not concerned about contamination.
  • Sgt. Goode testified that during his hour and forty minutes at 34 Fairview Road, he did not hear Karen Read say 'I hit him.'
  • No taillight pieces, shoe, or hat were found during the initial thorough search of 34 Fairview Road, raising the defense's implicit question of when and how those items later appeared.
  • Defense voir dire examined a 2002 incident and the Tim Albert hit-and-run to argue potential Albert-family favoritism; Lank denied using his badge to protect Chris Albert, said no full DUI investigation was undertaken while qualifying that he could not recall what Officer Goode did, and could not confirm claims of diversion or record-clearing.
  • Judge Cannone said the Albert connection could make the proposed bias evidence relevant but reserved the final ruling and scope pending review of police reports.
Notable Quotes
Alan Jackson
“So what you did instead was you gathered red Solo cups from a neighbor, unsterilized, and scooped up the snow with what you thought was blood, and just carried them back to the truck?”
Jackson's question highlighted Gallagher's use of unsterilized Solo cups to collect suspected blood. Later, Jackson used transfer photographs to argue cross-contamination; Gallagher qualified his agreement and said he was not concerned contamination occurred.
Sean Goode
“While you were on scene at 34 Fairview for an hour and 40 minutes, did you ever once hear Karen Read say, 'I hit him, I hit him, I hit him, I hit him'? — I did not.”
Goode testified that he was the third officer to arrive and that he did not hear Read say 'I hit him'; this records his observation without resolving other witnesses' accounts.
Alan Jackson
“Isn't it true that what you actually did, Sergeant Lank, in that particular circumstance was you came to the aid of a friend and you used your position as a police officer to further that assistance and that protection?”
Jackson's closing question stated the defense theory that Lank used his authority to aid an Albert family friend; Lank denied that proposition.
Video thumbnail for Day 5 — Gallagher, Goode, Lank (voir dire) 7h 28m
Watch this day Day 5 — Gallagher, Goode, Lank (voir dire) Watch with synced transcript →

Paul Gallagher — Direct

After a brief Rule 14/admissibility discussion, Lt. Paul Gallagher describes the snow scene at 34 Fairview Road, evidence recovery, footprints, and the February 1 vehicle search warrant.

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Direct
Paul Gallagher Adam Lally
398 lines

Lt. Paul Gallagher, a 32-year Canton PD veteran, testifies about receiving a call from Sgt. Goode shortly after 6 a.m. on January 29, 2022 regarding a body found in the snow at 34 Fairview Road. Arriving after 7 a.m., he found O'Keefe already transported to the hospital. Gallagher describes the scene processing: photographing the area, uncovering an asphalt berm, and using a leaf blower to carefully remove snow layer by layer, revealing frozen blood spots and a broken cocktail glass. He notes footprints only between the street and where O'Keefe was found — none between O'Keefe's location and the house. He also testifies about the February 1 search warrant execution on a vehicle in the Canton PD sally port, where State Police criminalists and Trooper Proctor examined the passenger-side tail light with assistance from Officer Wanless, and a crash reconstruction team later visited Fairview Road.

+1 procedural segment

Paul Gallagher — Cross

Jackson cross-examines Lt. Gallagher about improvised blood handling, disputed contamination risk, investigative omissions, and conflicting testimony about the tail-light removal.

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Cross
Paul Gallagher Alan Jackson
821 lines

Attorney Alan Jackson methodically challenges Lt. Gallagher's handling of the investigation at 34 Fairview Road. Jackson establishes that Gallagher was never formally interviewed about his involvement until April 2024 — a month before trial — and wrote no report, took no notes, and made no diagrams of the scene. The cross-examination highlights that blood evidence was collected in unsterile Red Solo cups borrowed from a neighbor and transported in a Stop & Shop grocery bag. Jackson used February 1 transfer photographs to argue that the depicted placement of open blood near Karen Read's SUV created a cross-contamination risk; Gallagher gave a qualified agreement, then explained on redirect that the photographs showed a criminalist transferring the samples to State Police containers and said he was not concerned about cross-contamination. Jackson also presses Gallagher on the failure to search or photograph the Albert home, the failure to separate witnesses before interviews, the unrecorded nature of all witness interviews, and Canton PD's limited recusal that still permitted Officer Wanless to remove the tail light. Jackson elicited an initial agreement that the tail light was broken during removal, but Gallagher then denied that it was broken further or that pieces broke off and, on redirect, agreed that nothing was broken during removal.

Paul Gallagher — Redirect/Recross

Lt. Gallagher's redirect addresses Canton PD's recusal, state-police jurisdiction, taillight removal, and evidence handling; recross ends with Jackson challenging further investigation and Gallagher citing absent probable cause.

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Redirect
Paul Gallagher Adam Lally
21 lines

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.

Recross
Paul Gallagher Alan Jackson
16 lines

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.

Sean Goode — Direct

Sergeant Sean Goode recounts the overnight calls, response to 34 Fairview Road, Karen Read's statements and Section 12 hold, and the discovery of blood and broken glass beneath the snow.

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Direct
Sean Goode Adam Lally
170 lines

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.

Direct
Sean Goode Adam Lally
248 lines

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.

+1 procedural segment

Sean Goode — Cross (Part 1)

On cross, Yannetti questions Goode's Albert-family ties, scene-preservation practices, missing evidence, and report errors, including Goode's denial that he heard Read say "I hit him."

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Cross
Sean Goode David Yannetti
737 lines

Defense attorney David Yannetti systematically establishes Sgt. Goode's personal and professional connections to the Albert family — he graduated high school with Michael Proctor's sister and Christopher Albert's sister-in-law, and has worked alongside Kevin Albert for nearly 18 years. Yannetti then elicits testimony that Brian Higgins arrived at the Canton police station at 1:30 a.m. with no explanation, hours before O'Keefe was found. Goode confirms he never heard Karen Read say 'I hit him' during the hour and 40 minutes he spent on scene, and that no taillight pieces, shoe, or hat were found despite a thorough search using a leaf blower. Yannetti highlights multiple crime scene preservation failures — no crime scene log, no posted guard, and the scene was left open to the public after roughly two hours. The cross-examination also exposes irregularities in Goode's police report: the wrong address on the face sheet, Brian Albert's first name omitted from the persons involved list, Brian Higgins listed with the police station address rather than his home, and no mention of Colin Albert's presence at 34 Fairview that night.

Michael Lank — Voir Dire

After the jury's dismissal, voir dire examines Sergeant Lank's Albert-family relationships and investigations. The defense argues possible bias; Lank denies favoritism, and the judge reserves the admissibility ruling pending police reports.

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Procedural
Procedural - Sidebar, Witness Transition
7 lines

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.

Voir Dire
Michael Lank Alan Jackson
172 lines

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.

Voir Dire
Michael Lank Adam Lally
39 lines

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.

Voir Dire
Michael Lank Alan Jackson
38 lines

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 scope of his own DUI investigation: Lank did not recall whether he or Officer Goode administered field sobriety tests, and said he personally did not administer a breathalyzer or blood test. Attorney David Yannetti took over briefly, asking about Tim Albert's apology, a misdemeanor charge, diversion, and record-clearing; Lank said he believed Albert was charged with a misdemeanor but did not know about diversion or record-clearing. The defense questioning suggested that Lank gave Tim Albert preferential treatment due to the Albert family connection.

Procedural
Procedural - Witness admissibility
25 lines

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.

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