Commonwealth v. Read — Trial ArchivePaul Gallagher - Direct
437 linesCOURT OFFICER: ...you may be seated.
COURT CLERK: 22-117, the Commonwealth versus Karen Read. Can I have counsel identify?
MR. LALLY: Adam Lally for the Commonwealth. Good morning.
JUDGE CANNONE: Good morning. Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, your honor. 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. Good morning.
MS. LITTLE: Elizabeth Little, also for Ms. Read.
JUDGE CANNONE: Good morning, Miss Little. And good morning.
MR. YANNETTI: David Yannetti for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. All right. Counsel wanted to see me?
MR. JACKSON: I did, your honor. Judge, as I indicated in an email that I sent to your clerk last night —
JUDGE CANNONE: Commonwealth, I have not seen the email. Okay.
MR. JACKSON: Well, I'll explain what was in it. Essentially, I was alerting the court that I would like to be heard prior to the start of testimony today, because since Katie Moffin testified on Thursday and Friday, we received a deluge of photographs that put her with Caitlin Albert on many different occasions after they graduated high school. We received information from their high school yearbook that they were more than just acquaintances in high school — they were teammates on the track team — and even after I sent that email with the photographs that I attached to it late last night, we received another photo where Katie Moffin and Caitlin Albert are standing next to each other in a photo at a baby shower in June of 2021, about eight months before John O'Keefe's death.
MR. JACKSON: It's very clear to us that Katie Moffin perjured herself, and I wanted to discuss the issue of the admissibility of not only the photographs that we're now providing — that we just received over the weekend — but I also want to resurrect the admissibility of H, I, J, and K for identification. And I think a discussion of this, your honor, needs to start with what court orders are currently in place. The leading case with regard to the provision of reciprocal discovery when the defense is offered —
JUDGE CANNONE: Oh, so you want to get back to rule 14? The rule 14 issue?
MR. JACKSON: It is a rule 14 issue.
JUDGE CANNONE: That's — hold on one second. So on top of that, we can discuss this later. I'd like to get the trial started.
MR. JACKSON: That's fine, your honor. We just — my belief, my strong belief is that we need to determine this today, and the reason is that Caitlin Albert is coming up as a witness for the Commonwealth. She faces the same areas of cross-examination that Katie Moffin faced, and these photos are relevant to her cross-examination.
JUDGE CANNONE: Okay. All right. So aside from the rule 14 issue, I also think this is cumulative. I don't have the email. I do have the photos, but we can address this. When do you expect — um — the Albert — I'm sorry, what's her name?
MR. JACKSON: Caitlin Albert.
JUDGE CANNONE: Albert. I'd say midweek, probably. It depends on how far we go today. So we'll address this either today or tomorrow. Thank you. Um, scheduling purposes. So, Sergeant Lank — is he testifying today?
MR. LALLY: Yes.
JUDGE CANNONE: All right, so we need a voir dire of him. I expect that might take a while. Is he testifying this morning, or can we use the lunch break for that? I need to know. If it's around 11:00, we'll have a voir dire — I'll just order coffee. I just need to know about that. So —
MR. JACKSON: I anticipate two witnesses prior to him. So I, again, I can't predict necessarily how long.
JUDGE CANNONE: How long will you be with those two witnesses?
MR. LALLY: With those two witnesses, probably a half hour, maybe a little more with each.
JUDGE CANNONE: Okay. Any idea how long the cross will be with those witnesses?
MR. JACKSON: Probably. I will handle one of those witnesses, Mr. Yannetti will handle the other, and I would say at least a half an hour on cross-examination, maybe a little bit more.
JUDGE CANNONE: Okay. Would it be up to an hour on each? I'm just — again, scheduling — I'm not limiting you at all, I'm just curious.
MR. JACKSON: I don't think we could exceed an hour. I would say safely — I know that's a big range between a half an hour and an hour — I think for each of them.
JUDGE CANNONE: Okay. I think that's probably accurate. All right. Paul, can I see you for a second? All right, thank you. So we will — all set to bring the jurors in?
COURT OFFICER: Yes, sir. Yes, sure. ambient — exhibit books being distributed ...we also have exhibit book eight. Thank you. Thank you.
PARENTHETICAL: [pause] [All rise for the jury.]
PARENTHETICAL: [sidebar]
JUDGE CANNONE: ambient — unintelligible
COURT OFFICER: All persons having any business before the Honorable Beverly Cannone, Justice of the Norfolk Superior Court in and for the County of Norfolk, draw near, give your attendance. You shall be heard. God save the Commonwealth of Massachusetts. This court is now in session.
JUDGE CANNONE: You may be seated. Good morning again, counsel. Good morning again, Ms. Read. Good morning, jury. I have to ask you those same three questions, and we appreciate your patience — we had to work out a few things this morning. So, was everyone able to follow the instructions and refrain from discussing this case with anyone? Jurors indicated yes, nodding affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? I'm going to ask you — were you able to refrain from seeing or reading or hearing anything about this case since we left the other day? So, with that, I'm going to see counsel at sidebar.
COURT CLERK: Do you swear to give to the court and jury in the case now in hearing the truth, the whole truth, and nothing but the truth, so help you God?
MR. GALLAGHER: I do.
JUDGE CANNONE: Thank you. All right, Mr. Lally, whenever you're ready.
MR. LALLY: Good morning, sir.
MR. GALLAGHER: Good morning.
MR. LALLY: Could you please state your name and spell your last name?
MR. GALLAGHER: Yes. My name is Paul Gallagher. Last name G-A-L-L-A-G-H-E-R.
MR. LALLY: And how are you employed, sir?
MR. GALLAGHER: I'm a lieutenant with the Canton Police Department.
MR. LALLY: And how long in total have you been a member of the Canton Police Department?
MR. GALLAGHER: Total of 32 years. Two years as a permanent intermittent officer, 30 years full-time.
MR. LALLY: And you indicated that you are a lieutenant. Is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And how long have you held that rank?
MR. GALLAGHER: I was promoted to lieutenant August 1st of 2021.
MR. LALLY: What did you do with Canton police prior to becoming lieutenant?
MR. GALLAGHER: I was the detective sergeant from 2018 until I was promoted in 2021.
MR. LALLY: What is — just starting with that — what is it that a detective sergeant does?
MR. GALLAGHER: So when a patrolman takes an initial report, anything that needs followup, the detective sergeant makes sure it's assigned to a detective — usually the next detective working — and makes sure that all the steps are taken to manage the cases and bring it to fruition if possible.
MR. LALLY: And what are your general duties and responsibilities as a lieutenant with Canton Police Department?
MR. GALLAGHER: Currently they are — I am in charge of internal affairs, background checks, patrol, and I oversee detectives.
MR. LALLY: You say "currently" — what was the previous arrangement?
MR. GALLAGHER: I was promoted in 2021. At that time, Lieutenant Kelleher was the lieutenant in charge of detectives. We have since had a change of command, and our assignments have changed.
MR. LALLY: Were you working with Canton police on the morning of January 29th, 2022?
MR. GALLAGHER: I was.
MR. LALLY: And at some point did you receive a phone call?
MR. GALLAGHER: I did.
MR. LALLY: And about what time was that, and who called?
MR. GALLAGHER: It was shortly after 6:00 a.m. It was Sergeant Sean Goode.
MR. LALLY: And he's a member of your department as well?
MR. GALLAGHER: He is. He's the 12-to-8 supervisor — which our shifts actually run 11:45 p.m. to 7:45 a.m., but we call it the 12-to-8 shift.
MR. LALLY: And what, if anything, was indicated to you in this call from Sergeant Goode?
MR. GALLAGHER: Sergeant Goode told me he was responding to a scene where a body was found unconscious, possibly not breathing, in the snow. He stated his name was John O'Keefe. He was a Boston police officer who resided on Meadow Avenue. He further told me that he had gotten a call earlier about John O'Keefe not returning home that night. His friends had called the hospitals, then they called the police, then they went out and looked for him, and they found him unconscious and not breathing in the snow.
MR. LALLY: And based on that information, what, if anything, did you do?
MR. GALLAGHER: I told him I would respond.
MR. LALLY: Where did — where were you initially responding to?
MR. GALLAGHER: I was initially responding to Meadow Avenue. I misinterpreted — when he said he was a Boston police officer on Meadow, I thought they discovered him on Meadow.
MR. LALLY: And subsequently, did you learn a different location to respond to?
MR. GALLAGHER: I did.
MR. LALLY: What was that location that you subsequently determined where you were going?
MR. GALLAGHER: When I called dispatch to find out the exact address, I was told that it was 34 Fairview Road.
MR. LALLY: And that was from dispatch. Is that correct?
MR. GALLAGHER: That's correct. It was Officer Dever who answered the phone.
MR. LALLY: Officer Kelly Dever. Is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: Now, did you go straight from home to the scene, or did you stop somewhere else prior to arriving?
MR. GALLAGHER: I stopped at Canton Police Department prior. — to that.
MR. LALLY: And what was the purpose of stopping at Canton Police Department prior to going to Fairview Road?
MR. GALLAGHER: I was picking up some winter gear, and I advised Sergeant Goode via the radio that all midnight personnel was to be held till further notice.
MR. LALLY: You say winter gear — as far as responding to a scene, what if any other sort of equipment did you procure when you went to Canton?
MR. GALLAGHER: It was clothing. I needed a winter jacket, hat, things of that nature. I was responding in my personal vehicle.
MR. LALLY: And if you know, about what time was it that you arrived on Fairview Road?
MR. GALLAGHER: I arrived shortly after 7 a.m.
MR. LALLY: And when you arrived, what if anything was it that you observed upon your arrival?
MR. GALLAGHER: There were some vehicles pulling away, but parked by where the scene was were three Canton police vehicles and one black Toyota pickup truck that is assigned to our detectives.
MR. LALLY: And who, if anyone else from your department, was there at that time?
MR. GALLAGHER: When I arrived, the three marked units were occupied by Officer Mullaney, Officer Saraf, and Sergeant Goode, and the Toyota pickup was driven there by Detective Sergeant Lank.
MR. LALLY: And as far as — by the time you arrived, Mr. O'Keefe is no longer on scene, is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And what if any vehicles or apparatus, or any personnel from the fire department, were on scene by the time that you arrived?
MR. GALLAGHER: None.
MR. LALLY: Now, when you first arrived, who did you first speak with?
MR. GALLAGHER: I first encountered Sergeant Goode.
MR. LALLY: And you had a conversation with him, is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And who if anyone else did you talk to?
MR. GALLAGHER: Detective Sergeant Lank joined us as well.
MR. LALLY: And following these initial conversations with Sergeant Goode and Detective Sergeant Lank, what did you do?
MR. GALLAGHER: Once they updated me on the case, we decided that we had to process where Mr. O'Keefe was found. It was snowing heavily — sometimes the wind was blowing north, sometimes it was south; it was changing directions — and we discussed how to process where Mr. O'Keefe was found, because at the time we had no idea how he came to be where he was.
MR. LALLY: And with respect to that — first, as far as where Mr. O'Keefe was — who if anyone directed you to where Mr. O'Keefe had been prior to your arrival?
MR. GALLAGHER: When I arrived and spoke with Sergeant Goode and Detective Sergeant Lank, they updated me on the case. They told me that Mr. O'Keefe was transported to the hospital, that they were doing CPR on him at that time. They told me that he was bleeding from the mouth and nose and that he may have had swelling above one of his eyes. They told me that they transported his girlfriend as well, and they told me the circumstances surrounding that incident. They told me that at some point after the phone call to the police station, friends — the woman's name was Kerry Roberts — picked up Miss McCabe and John O'Keefe's girlfriend Karen Read, and they drove around and they discovered Mr.
MR. GALLAGHER: O'Keefe on the left side of the property — I would call it the east side of the property — unconscious and not breathing in the snow.
MR. LALLY: Now, this area that Sergeant Goode directed you to, where he indicated Mr. O'Keefe was — you mentioned there was heavy snowfall at this time, is that correct?
MR. GALLAGHER: It is correct, yes.
MR. LALLY: And about how much snow was on the ground in this area at the time that you initially went over?
MR. GALLAGHER: I would say at least four inches of snow.
MR. LALLY: Now, with reference — as far as you mentioned sort of processing the scene — what if anything did you and the other officers do with regard to that scene?
MR. GALLAGHER: So it was a unique scene because — Sergeant Lank had notified Norfolk County CPAC. He had advised them that — I'm sorry, can you rephrase the question, please?
MR. LALLY: So Detective Lank had reached out to Norfolk County CPAC, correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And what is CPAC?
MR. GALLAGHER: It's the state police investigative unit of the District Attorney's Office — crime prevention and control.
MR. LALLY: And what if any — not as far as that notification is concerned — what is sort of the protocol when you have an unattended death?
MR. GALLAGHER: So when we have an unattended death, the Norfolk County CPAC unit responds and takes jurisdiction. In this particular case, Mr. O'Keefe was still alive, so they declined to respond at that time.
MR. LALLY: There may be a term that's pretty well understood, but when you say unattended death, what do you mean by that?
MR. GALLAGHER: An unexplained death — a person who was alone at the time of their death.
MR. LALLY: And so at this point, no one from State Police had responded or was responding to the scene?
MR. GALLAGHER: That is correct.
MR. LALLY: And so what if anything did you and the other officers do with regard to the scene where Mr. O'Keefe had been located in the snow?
MR. GALLAGHER: So we decided on how we were going to process the area. Our concern was there were some light pink spots in the snow, and we thought it may be blood, so we were discussing how to get to that — uncover the blood safely. We decided we were going to process the scene with a leaf blower. I figured we could direct the snow off the area in a controlled fashion. At that time, Sergeant Goode volunteered to go get a snowblower, but what I told him — in the meantime, I wanted to photograph the area, I wanted all the cruisers away from the house. There was one cruiser, I believe occupied by Officer Saraf, directly in front of where Mr. O'Keefe was — I wanted him backed up. And there was crime scene tape set up and it was blowing wildly in the wind; it was serving no purpose at that time.
MR. GALLAGHER: There were no civilians or witnesses about, and I knew we had two officers who could protect the scene while we processed it. So Sergeant Goode, before he left to get the leaf blower, directed the officers to move their cruisers. I told Sergeant Lank the most important thing he could do at this time would be— Objection.
MR. LALLY: You mentioned that there was some crime scene tape set up — is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And how was that accomplished? Do you know what if anything they were able to use to attach it to in order to set it up around where Mr. O'Keefe was found?
MR. GALLAGHER: Sergeant Goode and I and Sgt. Lank — I believe they used a fire hydrant, a tree, a flag pole, and I'm not sure what else. I don't recall specifically what it was attached to.
MR. LALLY: And with regard — you mentioned there were photographs taken prior to the implementation of a leaf blower, is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And can I just ask a little bit about that — as far as the leaf blower was concerned, why was that a decision as far as that being an implement to use in this particular scene?
MR. GALLAGHER: It was a unique scene. There was snow. I had never processed a scene in the snow. I had seen a leaf blower used in the snow and it's quite effective at being controlled, so that's why it was readily accessible. The scene was debilitating as we were on scene with the weather — snow was piling up — and I thought that was the best method at that time.
MR. LALLY: And prior to the arrival of Sergeant Goode back to the scene with the leaf blower, what if anything else was done to document the scene at that time?
MR. GALLAGHER: In addition to photographs, what we did was — I wasn't sure how the roadway ended; I wasn't sure if there was a sidewalk, a curb, a berm, or whether it was just grass — so Sergeant Lank and I dug out what I believe is called a six-inch Cape Cod asphalt berm, exposed it, so we could get a better perspective of how far Mr. O'Keefe might have been off the roadway.
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes.
PARENTHETICAL: [Sidebar]
JUDGE CANNONE: Mr. Lally, hold on for a second. I'll see counsel again at sidebar on this issue. To jury: Jurors, I had told you before how important it is that our record is clear, and that's why I'm sort of making this take longer than it would otherwise. So, Mr. Lally, can you simply hand her a note telling her what numbers?
MR. LALLY: I direct your attention to what's currently marked as Exhibit 7, 10, 11, 12, 13, 15, 16, 17, 19, 20, 21, 22, and 23, please.
MR. GALLAGHER: Those okay.
MR. LALLY: May we approach?
JUDGE CANNONE: Sure.
MR. LALLY: Yes, I'm just writing the numbers.
JUDGE CANNONE: Thank you very much. Thank you.
MR. LALLY: I would ask that the next thirteen exhibits be marked next — photographs in the book — marked next.
JUDGE CANNONE: Okay. [unintelligible] [unintelligible] [Exhibit Nos. 20–32 confirmed.] Thank you. All right, you can publish them, Mr. Lally.
MR. LALLY: May I return them to the witness?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. Miss Gilman, if I could have the first of those photographs up on the screen.
MR. JACKSON: I don't believe that's the first photograph before you, but if you could locate that within the—
MR. GALLAGHER: I believe that's Exhibit 30.
MR. LALLY: And if you could, sir, describe to the jury what, if anything, we're looking at in this.
MR. GALLAGHER: So that is in front of 34 Fairview Road in Canton. It's looking westerly, in the direction towards Chapman Street, and it's documenting the conditions at the time. [unintelligible exchange re: laser pointer permission]
MR. LALLY: And Miss Gilman, if I could have the next photograph, please.
MR. GALLAGHER: That is simply documenting that the number 34 is on the mailbox, that— —is 34 Fairview Road.
MR. LALLY: Do you have a number on that in front of you?
MR. GALLAGHER: Yes, I do. It's Exhibit 22.
MR. LALLY: Thank you. There are two of these, I believe, similar. I just want to make sure I have the correct one — 22, that would be 22?
MR. GALLAGHER: Yes.
MR. LALLY: And what's depicted in that photograph? So, is that a fair and accurate portrayal of the scene in the roadway when you arrived that morning?
MR. GALLAGHER: It is. It's the mailbox with the number 34 on it, and it shows two vehicles in the driveway of 34 Fairview Road.
MR. LALLY: And Miss Gilman, the next— —photograph, if you could. And when you locate it, just indicate which exhibit we're looking at on this one.
MR. GALLAGHER: That's Exhibit 28. It's a different angle of the driveway showing the third car in the driveway. I wanted to document what was in the driveway at that time.
MR. LALLY: Next photograph.
MR. GALLAGHER: Exhibit 29, and basically it documents the same thing — the entirety of the house from a — I guess it would be a westerly view — and the three cars that were in the driveway at the time I arrived.
MR. LALLY: And the next photograph.
MR. GALLAGHER: I believe that's Exhibit 31, and it's a closeup of where Mr. O'Keefe was found, and you can see the very light pink spotting that we thought may be blood, and there— —was an object in the center as well, which we didn't know what it was at that time.
MR. LALLY: Subsequently, did you learn what that object was?
MR. GALLAGHER: Yes.
MR. LALLY: What did you learn?
MR. GALLAGHER: It was a broken clear cocktail glass, and the pink spot was frozen or coagulated blood. And the next photograph — that's Exhibit 23 — and it's basically showing that the scene was trampled by rescue workers, witnesses, etc., but you could still see the pink spotting in the area where Mr. O'Keefe was.
MR. LALLY: As far as footprints within the snow that you observed — you indicated that the scene was trampled or walked over by first responders — correct?
MR. GALLAGHER: Correct.
MR. LALLY: And the footprints that you observed — what areas around where Mr. O'Keefe — where it was indicated to you Mr. O'Keefe's body was — were those footprints located?
MR. GALLAGHER: They were located between the street and where Mr. O'Keefe was found.
MR. LALLY: And as far as between where Mr. O'Keefe was found and the house — the residence at 34 Fairview — what, if any, footprints did you observe in that area?
MR. GALLAGHER: I didn't observe any footprints at that time.
MR. LALLY: If I could ask for the next photograph, please.
MR. GALLAGHER: That is Exhibit 24, and it's showing a westerly shot of the scene — still snow in this area here — and it depicts the wind blowing in that direction at the time, and probably pretty self-evident, but it depicts the wind blowing in that direction based on what — the flag flying.
MR. LALLY: The next photograph.
MR. GALLAGHER: That is Exhibit 20. That is the — I believe it's called a 6-inch Cape Cod asphalt berm — that separated the roadway from the property of 34 Fairview, and this is the long view to where Mr. O'Keefe was discovered.
MR. LALLY: The next photograph.
MR. GALLAGHER: Again, that's a closeup of one of the exhibits we saw earlier. Again, you can see the spotting and the glass here. I believe this is Exhibit 26.
MR. LALLY: Next— —photograph.
MR. GALLAGHER: This is Exhibit 27, and it's showing what we believed was frozen or coagulated blood spotting.
MR. LALLY: Next— —photograph.
MR. GALLAGHER: And that's a different view, a closeup of the scene, and that's Exhibit 32.
MR. LALLY: Next photograph.
MR. GALLAGHER: That's when we first uncovered the berm — the 6-inch berm — and it's just a smaller picture, a closeup of that berm. It's Exhibit 25.
MR. LALLY: In reference to the uncovering of the berm as you've described it — what, if anything, did you use to uncover it?
MR. GALLAGHER: I believe we just used our foot to uncover that. And — what I believe is the last photograph — this is the location from the berm to where Mr. O'Keefe was found. It's just a long view, and it's Exhibit 21.
MR. LALLY: May I?
JUDGE CANNONE: Yes.
MR. LALLY: Now, as far as the cruisers with the Canton Police Department — what, if any, sort of recording equipment are they equipped with?
MR. GALLAGHER: They're equipped with dash cameras, Watchguard cameras.
MR. LALLY: And what, if anything, have you done to review some of that dash camera footage from that?
MR. GALLAGHER: I've reviewed all of it.
MR. LALLY: And specifically, have you reviewed dash camera footage from the 683 cruiser — Officer Saraf's cruiser?
MR. GALLAGHER: Yes, I did.
MR. LALLY: And if I may — it's already been marked as Exhibit 12 — I would ask that a portion of that be played for the jury at this time.
JUDGE CANNONE: Okay.
MR. LALLY: And Miss Gilman, if you could fast-forward this to approximately 57 minutes or so into the— Do you recognize what's up on the screen? And what are you recognizing?
MR. GALLAGHER: That's the video I referred to, from Cruiser 683. It's dated January 29th, '22, at — if the time is correct — 7:25:54.
MR. LALLY: And around this time, within this video from Officer Saraf's cruiser — what, if anything, did you observe occurring within that?
MR. GALLAGHER: I believe it's at approximately 57:17. You'll see Sergeant Goode begin to mark out the scene with yellow crime scene tape. You'll see him in front of the cruiser at first — him, Officer Mullaney, and Sergeant Lank walk off — and then you'll see Sergeant Goode stretching out the crime scene tape.
MR. LALLY: And if you could, sir, as the video— —is playing, using the laser pointer that you have before you, just draw the jury's attention to who, if anyone, you observe or recognize within that—
MR. GALLAGHER: Yes, see — [unintelligible] — the tape. There are two officers with yellow crime scene tape. I believe this is Officer Mullaney, but I'm not sure. I know this is Sergeant Goode — my apologies, that's Detective Sergeant Lank — and the lighter coat, Sergeant Goode. And Lank, they walk off camera. You'll see Sergeant Goode come into the picture right here. They're stretching out the crime scene tape. Can see it flapping in the wind there. See it raise way up because of the wind. This is the crime scene tape here, and I'm not sure what they fixed it to, whether it was the cruiser at that point or not. But you can see the crime scene tape going across the scene that way. [unintelligible] right there for a moment.
MR. LALLY: So, Lieutenant Gallagher, in addition to sort of the crime scene tape that you observed in this video, what if anything did you do to secure the scene?
MR. LALLY: Did you get a tent at the station?
MR. GALLAGHER: Excuse me?
MR. LALLY: A tent at the station?
MR. GALLAGHER: No, I didn't.
MR. LALLY: You didn't?
MR. GALLAGHER: No.
MR. LALLY: And why not?
MR. GALLAGHER: I had a tent with me from home. It was a personal 8-by-8 tent at that time.
MR. LALLY: And so at any point in time on the scene, were you able to set up that tent that you retrieved from your home?
MR. GALLAGHER: Due to the weather conditions, we did not set it up because it would have required officers holding it down, and we didn't think the top would stay on.
MR. LALLY: And again, maybe pretty self-evident, but when you say 'due to the weather conditions,' what if anything about the weather conditions prevented you from setting that tent up?
MR. LALLY: If I could ask — if we could just pull forward in that video to about the 1-hour-7-minute mark. Lieutenant, what if anything are we looking at in this portion?
MR. GALLAGHER: If you look closely, it's the crime scene tape that's flowing around. Right now you can't see it.
MR. LALLY: I cannot see it from here. Is this around the point where the decision was made to take that down? Is that correct?
MR. GALLAGHER: It was later on. I observed the same thing and I told the officers it wasn't doing any good at that time, and there was nobody to keep out of the scene at that point. It was only police personnel on scene.
MR. LALLY: Thank you, sir. Miss Gilman, you can stop. Thank you very much. Now, with reference to the implementation of the leaf blower, was that memorialized in any way as well?
MR. GALLAGHER: Yes. I had Sergeant Goode take a video, since we were improvising using something I wasn't familiar with being used before, in case there were any questions on how it was deployed. I had Sergeant Goode take a short video.
MR. LALLY: And there are several different short video clips of that process? Is that fair to say?
PARENTHETICAL: [sidebar]
MR. GALLAGHER: There's at least one that I know of.
PARENTHETICAL: [sidebar]
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Showing you — do you recognize that?
MR. GALLAGHER: I don't. I don't recognize it. I haven't seen this disc before.
MR. LALLY: May we approach?
JUDGE CANNONE: Okay. [unintelligible] Thank you. My apologies.
MR. LALLY: May we approach?
JUDGE CANNONE: Okay. Feel free to start.
MR. LALLY: With the Court's permission, may I publish what's now been marked as Exhibit 30?
JUDGE CANNONE: Yes. Anyway, this one — sorry.
MR. LALLY: If you could just pause it right there. Lieutenant Gallagher, do you recognize what's up on the screen?
MR. GALLAGHER: I do.
MR. LALLY: And what do you recognize?
MR. GALLAGHER: It's me operating the leaf blower at the scene where John O'Keefe was discovered.
MR. LALLY: And who is operating the leaf blower in these videos?
MR. GALLAGHER: I am.
MR. LALLY: And who, if anyone else from your department, is sort of present while this process is going?
MR. LALLY: Miss Gilman, thank you very much. If you could just play and run.
MR. GALLAGHER: See, it removes the snow. I was removing the snow layer by layer, and right here you can see it exposing the cocktail glass. You're going to see red spots appear as I remove it layer by layer. These pink spots start to turn to dark red spots. As you see, we can control it. We were concerned with whatever other —
JUDGE CANNONE: Oh, hold on — wait for a question.
MR. GALLAGHER: As you can see, it just takes it layer by layer.
JUDGE CANNONE: Hold on for a second, Mr. Lally. Miss Gilman, can you pause it? So — if you have a question for the lieutenant — all right, you're asking him to narrate the whole thing. We're not going to do it that way. You can pause and then question. It's — it's great you're keeping your voice up over the sound of the leaf blower, but it's a little distracting.
MR. LALLY: I understand.
PARENTHETICAL: [Court Officer]
MR. LALLY: , you can put — thanks. Lieutenant, with reference to that process, how far deep into the snow were you able to go using that leaf blower?
JUDGE CANNONE: So do you have a question, Mr. Lally?
MR. LALLY: Just briefly at this point. So, Lieutenant Gallagher, with respect to conducting this process, what if anything are you concerned about throughout this process of trying to locate evidence?
MR. GALLAGHER: Were we concerned with the weather destroying biological evidence at that time.
MR. LALLY: And so what if anything were you doing with regard to —
MR. GALLAGHER: We were trying to take the snow that had fallen over the blood, and we were trying to remove it to expose the blood.
MR. LALLY: And as far as during this removal process, how much of the snow were you able to sift layer by layer with the leaf blower?
MR. GALLAGHER: We could control how much I wanted to sift. I started out as gently as possible, and if more snow needed to be removed, I got a little more aggressive.
MR. LALLY: Miss Gilman, if you could play the next video. Miss Gilman, if you could play the third video, please. Miss Gilman, if you could play the last video, please. That's it now.
MR. GALLAGHER: We got almost to the ground.
MR. LALLY: And as far as a surface area — how much of that area where Mr. O'Keefe was found were you able to use the leaf blower on?
MR. GALLAGHER: It was approximately a 6-by-6, 7-by-7-type area.
MR. LALLY: And from that area, what if anything — in addition to the cocktail glass pieces that you testified to and the red spots on the ground — what if anything else did you observe?
MR. GALLAGHER: We didn't observe anything at that point.
MR. LALLY: Anything else?
MR. GALLAGHER: Just the blood and the glass.
MR. LALLY: Now, Lieutenant, during the time that you were on — with reference to the neighborhood in general — how many people did you observe sort of come out of their house at any point in time?
MR. GALLAGHER: I didn't observe anybody ever come out of their house.
MR. LALLY: And that includes the residents in front of — as well as any other residences along that street? Is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: Now, at some point — about how long a period of time, if you know, were you on scene that morning?
MR. GALLAGHER: Approximately 50 minutes — 45 to 50 minutes.
MR. LALLY: And following that, where did you go?
MR. GALLAGHER: We brought the exhibits back to Canton Police Headquarters.
MR. LALLY: And by that you mean the glass and what you had collected of the blood?
MR. GALLAGHER: Yep. We took six blood samples, yes.
MR. LALLY: Okay, and how were you able to sort of collect the blood samples?
MR. GALLAGHER: Well, the blood samples — because they were frozen — we debated on how to collect it. We didn't think swabbing was going to be easy to do if it was frozen, so we decided on finding some type of temporary plastic evidence container. We were able to find large cups, and we took six samples. We bagged the six samples and then transported them back to Canton Police Headquarters. And with respect to those samples and the piece of glass that you located, eventually what if anything was done with those? Chief Berkowitz was at headquarters and we had a meeting in the Detective Sergeant's office.
MR. LALLY: What I'm asking, sir, is with reference to those items that you took back from Fairview — when you got back to the station, what if anything did you do?
MR. GALLAGHER: Sergeant Lank placed them into evidence.
MR. LALLY: And then, subsequent to Sergeant Lank placing them into evidence, at some point where did they go?
MR. GALLAGHER: They were turned over on February 1st to the Massachusetts State Police crime lab.
MR. LALLY: And was that something where they were driven to the crime lab, or did the crime lab come to the station?
MR. GALLAGHER: The crime lab was already at the station.
MR. LALLY: Now, you go back to the police station, you have some conversation with your Chief. Is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And what was your Chief's name?
MR. GALLAGHER: Chief Berkowitz, Ken Berkowitz.
MR. LALLY: And following that conversation, at some point did you return to Fairview that morning?
MR. GALLAGHER: I did.
MR. LALLY: And who, if anyone, did you go there with?
MR. GALLAGHER: I accompanied Detective Sergeant Lank.
MR. LALLY: And when you arrived, where did you go with reference to the residence?
MR. GALLAGHER: We went into a side door and there were people in the kitchen at that time. I believe it was the kitchen area.
MR. LALLY: And did you know any of the people that were in the kitchen?
MR. GALLAGHER: I did.
MR. LALLY: Who, if anyone, did you know?
MR. GALLAGHER: Who I remember specifically was Jen McCabe, who I don't know personally, but I know because that's who Sergeant Lank arrived to talk to. And I knew Brian Albert in a professional sense.
MR. LALLY: And so Brian Albert is also a police officer. Is that correct?
MR. GALLAGHER: He was a Boston police officer, yes.
MR. LALLY: Now, as far as any other people — who, if anyone else, were you introduced to when you came into the kitchen area?
MR. GALLAGHER: I wasn't introduced to anybody. All I know is there were five or six people there.
MR. LALLY: And are you familiar with a gentleman by the name of Brian Higgins?
MR. GALLAGHER: I am.
MR. LALLY: And how are you familiar with him?
MR. GALLAGHER: He is an ATF agent who I've worked with when I was assigned to DEA, and he later had a satellite office at our PD, and I have since come to know him personally.
MR. LALLY: And in reference to your work with the DEA, how long did you work with DEA?
MR. GALLAGHER: 13 years.
MR. LALLY: And so, Mr. Higgins — was he present in the home on Fairview when you arrived that morning?
MR. GALLAGHER: I don't recall him when I arrived originally, definitely not. I don't recall if he was there when we arrived about 9:00 a.m.
MR. LALLY: So you don't recall him being there at all?
MR. GALLAGHER: I don't recall specifically. I never had any conversation with him.
MR. LALLY: Now, you had made some mention of February 1st. A few days later, at your department, there were members from the crime lab that came. Correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And what if anything did they come there to do?
MR. GALLAGHER: They were assisting the State Police in executing a search warrant on a motor vehicle.
MR. LALLY: And where was that motor vehicle in relation to your department?
MR. GALLAGHER: It was in our sally port.
MR. LALLY: If you could just describe to the jury what a sally port is specifically — the Canton police, like, where is it located, what does it look like?
MR. GALLAGHER: Sure. It's on the rear portion of our Police Department. They are large overhead doors that are numbered 1, 2, 3, and 4. We only have two bays, so the Sally Port that the vehicle was in — typically we enter through door 4 and you would exit through door 3. Those overhead doors can only be controlled by a computer in the Dispatch Center, and it's where we bring in our prisoners. Once the sally port goes up, you enter, close the door, the area is secure. The rest of the PD is only accessible by access card.
MR. LALLY: As you mentioned, the overhead garage doors are accessible only by the dispatch area. Is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: A computer in the dispatch area. And then, as far as entrance from the department, how, if at all, is that actually controlled?
MR. GALLAGHER: There is — to the right of the sally port entrance, there is a key card access door.
MR. LALLY: Now, with reference to that sally port area, what if any cameras are located in that area?
MR. GALLAGHER: I know there's cameras in the area. I don't specifically know where they are. I typically don't look for them. I know it is under surveillance, as most of our department is.
MR. LALLY: And have you reviewed at least a portion, or the entirety, of the sally port video from that particular day of February 1st?
MR. GALLAGHER: I've seen a small portion, yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Do you recognize what's depicted on that particular flash drive?
MR. GALLAGHER: Yes.
MR. LALLY: Okay. What is depicted on that, sir?
MR. GALLAGHER: CPD sally port videos.
MR. LALLY: I'd like to introduce and admit as the next exhibit. Any objection?
MR. JACKSON: No.
JUDGE CANNONE: You're
MR. LALLY: If I may at this time seek to publish a portion of it?
JUDGE CANNONE: 34. Okay. One moment. Yes. Yes.
MR. LALLY: If I can have the portion that's February 1st that covers 12 a.m. to 12 noon— [unintelligible exchange with video operator] Bear with me. If I could ask you to just fast-forward that to approximately 9:11 a.m. — if you could just pause one sec.
JUDGE CANNONE: Why don't we take our morning recess? Why don't we take a 10-15 minute recess? All right. Hold up, Nancy. Right, so we're still in session — so in presenting the exhibits to be marked, please take them out of the plastic and out of the envelopes, because the actual item itself gets a sticker on it. That'll just save a little time. We're having all sorts of difficulties. FTI is not working. I'm not sure that we're getting any internet in here. Are we all set with this? Do you want to use the flash drive that you put in? Does that help, or are you—
PARENTHETICAL: [recess]
MR. JACKSON: No, I — I think the initial issue, I think, is sort of the size of the video, so bringing it up can be a little slow. My issue was that as I was standing over there I couldn't really see anything.
JUDGE CANNONE: As far as — it's that — I couldn't open any of this this weekend on my home computer, on my work computer. All right, why don't we take a 10-minute recess, please.
COURT OFFICER: All rise. Court in session. Please be seated.
JUDGE CANNONE: All right, are we all set with the screen? Okay. And again, um, maybe better with the lights on. A little bit, please. Back on. [unintelligible]
MR. LALLY: Um, again from this video, uh — from approximately 9:11 in the morning — um, you recognize what's up on the screen?
MR. GALLAGHER: I do.
MR. LALLY: If you could just, uh, using that laser pointer, direct the jury's attention to what, if anything of significance, you observe in this particular pause of this video.
MR. GALLAGHER: Uh, this is our sally port — you would come in Sally Port 4, exit Sally Port 3. Like I said earlier, this is the vehicle they were executing a search warrant on, and this is the crime scene tape. And as far as uh personnel from State Police that were present there —
MR. LALLY: Who, if anyone, was present there that you knew or were aware of?
MR. GALLAGHER: I knew Trooper Proctor was there, and I knew the criminalist was there and a photographer — I don't know them by name. So, a couple people from the lab, one taking photos, one criminalist.
MR. LALLY: Is that correct?
MR. GALLAGHER: Correct, as well as Trooper [unintelligible].
MR. LALLY: That's correct. Do you know Trooper [unintelligible]?
MR. GALLAGHER: I knew of him. I don't believe I ever met him prior to this. Uh, he has worked some cases with our detectives. I knew he was assigned to the DA's office, uh, but I'm not sure if I ever met him prior to this case.
MR. LALLY: Now, um, with reference to the vehicle — what, if anything, was placed around the vehicle? Didn't you observe —
MR. GALLAGHER: Around the vehicle, uh, there's crime scene tape, as you can see — the yellow tape right there.
MR. LALLY: Just to be clear — which part of the vehicle is sort of in the lower foreground of this vehicle?
MR. GALLAGHER: Uh, this is the passenger side rear of the vehicle.
MR. LALLY: Now, at some point over the course of the time that you were there on February 1st, what if any other sort of uh specialized units within the State Police were also present?
MR. GALLAGHER: Um, eventually the — I think they call it the CARS team. It's what I would call their accident reconstruction team — uh, responded.
MR. LALLY: Now, Miss Gilman, if I could ask you to fast-forward within that video to — — from 9:44 a.m. That's fine, right there. You, Lieutenant, during this uh part of the video — in addition to the people that you've already referenced, who, if anyone else, was in the group at that time?
MR. GALLAGHER: Um, it's hard for me to say. I believe this is the criminalist. I believe, uh — this is Trooper Proctor, this is me with the gray shirt, walking in. That's me right there, and that's Trooper Proctor. I believe the photographer or another criminalist is here — I don't know what their title is.
MR. LALLY: Now, at some points uh during the execution of this search warrant, what if any issues did you become aware of —
MR. GALLAGHER: — with regard to the criminalist: uh, they were having trouble. They were trying to remove the housing uh to the tail light — uh, passenger side tail light — and they were having difficulty removing it.
MR. LALLY: And what if any assistance did you offer with regard to that?
MR. GALLAGHER: I told him that we had an officer working who was in charge of our Fleet Maintenance and our mobile operations unit, who probably had the tools to do it, and he also had vast, extensive experience in auto body.
MR. LALLY: Who was that, sir?
MR. GALLAGHER: That's Officer Brian Wanless.
MR. LALLY: And what if anything did you do with reference to Officer Wanless in regard to that?
MR. GALLAGHER: I asked dispatch to ask him to return. Approximately — I think it was 9:50.
MR. LALLY: And, Miss Gilman, if I could ask — if not already there, move it up to 9:51. If you can just pause this one moment. Um, so with reference to uh this particular portion of the video — Lieutenant, if you could direct the jury's attention to when you see Officer Wanless and when you see him come over towards that area of the vehicle. And, Miss Gilman, for your purposes, what I would ask is we run this from essentially 9:51 a.m. through to about 9:58 and 3 seconds.
MR. GALLAGHER: This is Officer Wanless right here. He examines it and he leaves momentarily. He dons a pair of gloves and he exits, and he's going to come back with some tools. Here he comes. Places his toolkit on the tailgate.
MR. JACKSON: Objection.
JUDGE CANNONE: Okay, pause. Ask a question.
MR. LALLY: And from, uh, your review of this video, what if anything do you observe with reference to that rear passenger side [unintelligible]?
MR. GALLAGHER: Uh, he reenters the sally port with some tools and places his toolkit down on the tailgate of the Lexus.
MR. LALLY: And what if anything do you observe him to do after that?
MR. GALLAGHER: Uh, he begins to work on the housing of the tail light.
MR. LALLY: Thank you, Miss Gilman, you can take that down. Now, Lieutenant, with respect uh to the item that you and the other officers recovered from 34 Fairview on the 29th — uh, the criminalist that was depicted in that video, is that who you gave those items to?
MR. GALLAGHER: I believe so, yes.
MR. LALLY: You handed those items to her directly?
MR. GALLAGHER: Correct. Yes.
MR. LALLY: Now, as far as that — I believe you testified earlier that you were looking to preserve biological matter. Is that correct?
MR. GALLAGHER: Yes.
MR. LALLY: And fair to say that your search of that area was confined to sort of where it was described to you that Mr. O'Keefe had been found?
MR. GALLAGHER: Correct, that is correct.
MR. LALLY: Now, turning back again just to February 1st — and sorry to jump around — but back — — to February 1st. At some point, you mentioned there was a crash reconstruction team from the State Police. Is that correct?
MR. GALLAGHER: That's correct.
MR. LALLY: And uh, what if anything did you uh aid or assist or facilitate with reference to crash reconstruction?
MR. GALLAGHER: I secured the parking lot around the police station when they wanted to test the vehicle. I advised no cruisers to return to the station, and I blocked the entryway uh with my marked cruiser and remained in the cruiser.
MR. LALLY: And later on that day of February 1st, uh, where if anywhere did you go with uh with respect to the crash reconstruction?
MR. GALLAGHER: Uh, we went to 34 Fairview.
MR. LALLY: In addition to yourself and the trooper from the crash reconstruction, if anyone else went with you?
MR. GALLAGHER: Trooper Proctor was present.
MR. LALLY: And uh, why did you go along with the troopers to that location?
MR. GALLAGHER: Just so there was a Canton officer present — if any residents came out, I could communicate with them.
PARENTHETICAL: [pause]
JUDGE CANNONE: When you want me to strike the "I believe they were trying to" — that'd be all right. So that will be stricken, but your observation will remain.
MR. LALLY: And to your knowledge, had Trooper Proctor been to Fairview prior to that date?
MR. GALLAGHER: I have no knowledge if he had been there or not.
MR. LALLY: What if anything did you direct either Trooper Proctor or the crash reconstructionist to do, once you were on scene?
MR. GALLAGHER: I brought him to the area where Mr. O'Keefe was found.
MR. LALLY: You showed them where Mr. O'Keefe was found?
MR. GALLAGHER: Yes.
MR. LALLY: Now, turning your attention uh to — well, on scene that day with Trooper Proctor and the crash reconstructionist — — what if anything did you observe them to be doing?
MR. GALLAGHER: Uh, they — I believe they were discussing, uh — they were trying to place a drone up in the air, I believe, to map out the area.
MR. JACKSON: Objection.
JUDGE CANNONE: Did you see that?
MR. LALLY: Now, with reference — um, if I could draw your attention to February 4th of 2022 — were you working that day?
MR. GALLAGHER: I wasn't.
PARENTHETICAL: [sidebar]
MR. LALLY: And at some point, did uh did you receive a call in regard to this case, this investigation?
MR. GALLAGHER: I did.
MR. LALLY: And who, if anyone —
MR. GALLAGHER: — Chief Berkowitz.
MR. LALLY: And what if anything did Chief Berkowitz indicate?
MR. GALLAGHER: Uh, he asked me if I was working. When I told him no, he asked who was.
MR. LALLY: And who, if anyone, did you indicate to him was working?
MR. GALLAGHER: I told him Detective Sergeant Lank was working.
MR. LALLY: And uh, as far as — what if anything was that call in reference to?
MR. GALLAGHER: He stated he was driving in the area of 34 Fairview because of the warm weather and the warm rain in the last couple of days.
MR. LALLY: What if anything did he indicate he believed [unintelligible] —
JUDGE CANNONE: I'm going to see you at sidebar, please.
MR. LALLY: And so, just to be clear, Lieutenant — you did not go to Fairview Road on February 4th, 2022?
MR. GALLAGHER: I did not.
MR. LALLY: I have nothing further.