Day 5 - May 6, 2024

Before the jury entered, defense counsel asked to address newly received photographs that counsel said bore on Katie McLaughlin's relationship with Caitlin Albert and on anticipated cross-examination of Caitlin Albert. Counsel also sought renewed consideration of exhibits H through K for identification. The judge identified Rule 14 and cumulative-evidence concerns, deferred the matter until later that day or the next day, and discussed scheduling a voir dire of Sergeant Lank before his expected testimony.

Lieutenant Paul Gallagher described responding to Fairview Road after a report that John O'Keefe had been found in the snow. He testified about photographing and processing the area in severe weather, using a leaf blower to expose suspected blood and a broken cocktail glass, and collecting six frozen blood samples. The Commonwealth admitted scene photographs and videos, including Canton Police sally-port footage in which Gallagher identified officers working around a vehicle's rear passenger-side taillight. The court sustained objections that limited unsolicited video narration and proposed testimony about what Chief Berkowitz had said he saw.

Defense counsel questioned Lieutenant Paul Gallagher about the early investigation at Fairview Road. Gallagher testified that he had no contemporaneous notes or report of his January 29 scene involvement and had not been formally interviewed about the case until about a month before trial. He said the locations of blood and glass were estimates because cross-coordinate mapping was not used, although he explained that lifesaving measures come first. Gallagher described collecting six individual snow-and-blood samples in plastic cups obtained from Lieutenant Kelleher, bagging them, and transporting them to Canton Police Headquarters. He also testified that Canton Police stopped further investigative interviews because a Boston police officer was found on another Boston officer's property and the homeowner was related to a member of Canton Police's investigative unit.

Defense counsel questioned Lieutenant Paul Gallagher about the custody of blood samples collected in Solo cups, including his lack of personal observation of their placement into evidence. Gallagher testified that only Jen McCabe was interviewed in the house and that the interview was not recorded, and he estimated that about 45 department members could access the sally port and SUV. He said Canton Police could assist with non-interview tasks despite an appearance of conflict, including facilitating taillight removal. Four photographs were admitted as Exhibits 37 through 40, showing a Stop & Shop bag and plastic cups containing blood; Gallagher agreed the described placement of unsealed blood near the SUV could create cross-contamination.

Gallagher explained that Canton Police avoided investigative interviews because investigator Kevin Albert was the property owner's brother, while State Police took jurisdiction over the unattended-death investigation. He also addressed the drinking glass, taillight removal, and transfer of blood samples to a criminalist, saying he was not concerned about cross-contamination.

On recross, defense counsel asked Lieutenant Paul Gallagher whether investigators should pursue further inquiry after a witness identifies where a body was found. Gallagher agreed that further investigation and questions may be appropriate, said search warrants are sought when probable cause exists, and stated there was no probable cause here.

Sergeant Sean Goode described his overnight Canton Police dispatch duties, the worsening snow, and seeing Brian Higgins at the police station earlier that night. He testified that Kerry Roberts called before 5:00 a.m. about a man who had not come home, and that Jennifer McCabe called from 34 Fairview at 6:04 a.m. Goode said he dispatched officers, responded to Fairview, and notified Lieutenant Gallagher and Detective Sergeant Lank. The court admitted and played the Roberts and McCabe 911 calls as Exhibits 35 and 36; a flash drive from cruiser 682 was marked as Exhibit 41 before lunch.

The court planned to finish Sergeant Goode's testimony and then hear Lieutenant Rae, with Sergeant Lank retained as a possible witness. The judge authorized the release of other civilian witnesses, recessed for lunch, and resumed the afternoon session with Sergeant Goode still under oath.

Goode identified cruiser-camera footage from his arrival at 34 Fairview Road and described the weather, the people he encountered, and the early response. He testified that Read appeared confused, hysterical, and in shock, and that he ended questioning after she said she did not remember whether she had driven there. Goode also described receiving secondhand information through dispatch that Read's father reported suicidal threats, followed by a Section 12 transport for mental evaluation. He recounted officers sealing the area where O'Keefe had been found, clearing snow with a leaf blower, and observing blood and a broken drinking glass. The court struck part of one answer concerning McCabe and Roberts' account and sustained another defense objection during testimony about the Alberts' reactions.

The court marked the first pages of incident reports dated January 30 and October 25, 2022, as Exhibits P and Q for identification. The jury was excused for the day, and the court allotted ten minutes per side before hearing argument during voir dire of Michael Lank.

Defense counsel questioned Michael Lank in voir dire about his childhood friendship with Chris Albert, more limited relationship with Brian Albert, and a 2002 altercation involving Chris Albert and the LoPilato brothers. Lank described Chris seeking his advice before a group approached, acknowledged a later fight with Mark LoPilato, and denied that his actions were motivated by friendship with Chris.

On prosecution voir dire, Michael Lank said he had participated in a 2012 investigation that resulted in charges against Tim Albert and that Officer Goode worked on that investigation. Lank described his relationship with Brian Albert as civil and limited to occasional greetings at events, acknowledged past disagreements, and said his interactions with the Albert family did not change how he conducted the January 29, 2022 investigation.

Defense counsel continued voir dire of Michael Lank about a prior investigation involving Tim Albert. Lank said he located Albert's heavily damaged vehicle at 34 Fairview, disputed parts of counsel's characterization of the collision, and said he did not administer a Breathalyzer or request a blood test; he could not recall whether Officer Goode conducted field sobriety tests.

Defense counsel argued that a 2002 incident involving Chris Albert could support questioning Sergeant Lank about possible bias and proposed calling one LoPilato brother and using police-report dates. The Commonwealth argued that the matter was irrelevant and risked confusing the jury with a collateral trial. The judge said some evidence could be admissible but was concerned about a mini-trial, requested the police reports, and deferred a final decision until the next morning.