Commonwealth v. Read — Trial ArchivePaul Gallagher — Direct
619 linesPROCEEDINGS May 6, 2024
(Court in session at 9:08 a.m.)
(Defendant present. Jury not present.)
COURT CLERK: 82-117, the Commonwealth versus Karen Read. Counsel, identify?
MR. LALLY: Adam Lally, for the Commonwealth. Good morning, Your Honor.
JUDGE CANNONE: Good morning, Mr. Lally.
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 for Ms. Read.
JUDGE CANNONE: Good morning, Ms. Read.
MR. YANNETTI: And good morning, David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. All right. Counsel wanted to see me?
MR. YANNETTI: I did, Your Honor. Judge, as I indicated in emails that I sent to you and the clerk last night and copies of the Commonwealth --
JUDGE CANNONE: I have not seen the email.
MR. YANNETTI: Okay. 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 McLaughlin 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 McLaughlin 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. It's very clear to us that Katie McLaughlin perjured herself, and I wanted to discuss the issue of 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 --
JUDGE CANNONE: So you want to get back to Rule 14, the Rule 14 issue?
MR. YANNETTI: It is a Rule 14 issue that is supplemented by --
JUDGE CANNONE: Okay. Hold on one second. So on top of that -- we can discuss this later. I'd like to get the trial started.
MR. YANNETTI: That's fine, Your Honor. 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 McLaughlin 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 the Albert -- I'm sorry. What is her name?
MR. YANNETTI: Caitlin Albert.
MR. LALLY: I'd say mid-week, probably. It depends on how far we get today.
JUDGE CANNONE: So we will address this either today or tomorrow. For scheduling purposes, Sergeant Lank, is he testifying today?
MR. LALLY: Yes, Your Honor.
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 o'clock, we'll have a voir dire. I'll just order coffee. I just need to know about that.
MR. LALLY: So I anticipate two witnesses prior to him. So 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: Any idea how long cross will be with those witnesses?
MR. JACKSON: 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? Again, just for scheduling. I'm not holding you to it at all. I'm just curious.
MR. JACKSON: Thank you. I don't think we'd exceed an hour. I would say safely -- I know it's a big range -- but between a half an hour and an hour, I think, for each of them.
MR. YANNETTI: I think that's probably accurate.
JUDGE CANNONE: All right. Thank you. All set to bring the jurors in?
MR. LALLY: Yes, Your Honor.
MR. YANNETTI: Yes, Your Honor.
(Whereupon, the jury is escorted into the courtroom and seated in the jury box at 9:16 a.m.)
JUDGE CANNONE: Good morning, again, counsel. Good morning, again, Ms. Read. Good morning, jurors. 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? Everyone said yes or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? I am going to ask you if you were able to refrain from seeing or reading or hearing anything about this case since we left the other day. With that, I am going to see counsel at Sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Okay. So that the record is clear, 16 jurors answered that last question affirmatively.
Court Order: Jurors or Juror Issues
JUDGE CANNONE: All right. Mr. Lally, who is your witness?
MR. LALLY: The Commonwealth calls Lieutenant Paul Gallagher to the stand.
Whereupon, PAUL GALLAGHER having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Mr. Lally, whenever you're ready.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. GALLAGHER: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
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: A 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 the rank of lieutenant?
MR. GALLAGHER: I was promoted to lieutenant August lst of 2021.
MR. LALLY: And what did you do with Canton Police prior to becoming a lieutenant?
MR. GALLAGHER: I was the detective sergeant from 2018 until I was promoted in 2021.
MR. LALLY: And, 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 to bring it to fruition if possible.
MR. LALLY: And what is it -- sort of what are your general duties and responsibilities as a lieutenant with the Canton Police?
MR. GALLAGHER: Currently, they are I am in charge of internal affairs, background checks, patrol, and I oversee detectives.
MR. LALLY: When you say "currently," what was it prior?
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 police and our assignments have changed.
MR. LALLY: Now, were you working with the 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 you?
MR. GALLAGHER: That 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 is the twelve-to-eight supervisor, which our shifts actually run 11:45 p.m. to 7:45 a.m. But we call it the twelve-to-eight shift.
MR. LALLY: And what, if anything, was indicated to you in this call from Sergeant Goode?
MR. GALLAGHER: Sergeant Goode told me that he was responding to a scene where a party 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 Meadows Ave. 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 them I would respond.
MR. LALLY: Where were you initially responding to?
MR. GALLAGHER: I was initially responding to Meadows Ave. I misinterpreted when he said he was a Boston police officer on Meadows Ave. I thought they discovered him on Meadows Ave.
MR. LALLY: And, subsequently, did you learn a different location and respond to that location?
MR. GALLAGHER: I did.
MR. LALLY: And what was that location that you subsequently determined was where you were going?
MR. GALLAGHER: When I called the dispatch to find out the exact address, I was told it was 32 Fairview Road.
MR. LALLY: And that was from the dispatch; is that correct?
MR. GALLAGHER: That's correct. It was Officer Dever who answered the phone.
MR. LALLY: That would be 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 go stop somewhere else prior to?
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?
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 until further notice.
MR. LALLY: Now, you say “winter gear." As far as you are responding to a scene, what, if any, other sort of equipment did you procure when you went to Canton Police?
MR. GALLAGHER: It was clothing. I needed a winter jacket. Things of that nature. I was responding in my personal vehicle.
MR. LALLY: Okay. And, if you know, about what time was it that you arrived on Fairview Road that morning?
MR. GALLAGHER: I arrived shortly after 7:00 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 where the scene was were three Canton Police vehicles and one black Toyota pick-up 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, Sergeant Goode. And the Toyota pickup was driven there by Detective Sergeant Lank.
MR. LALLY: And, as far as by the time you arrive, 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 arrive, who, if anyone, did you first sort of speak with on scene?
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 then?
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 at that point?
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 I spoke with Sergeant Goode and Detective Sergeant Lank, they updated me on the case. They had 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 at the police station, friends -- the woman's name was Kerry Roberts -- picked up Ms. McCabe and John O'Keefe's girlfriend, Karen Read. And they drove around and they discovered Mr. 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 that it was snowing heavily 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 there?
MR. GALLAGHER: I would say at least four inches of snow.
MR. LALLY: Now, with reference to, 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 as far as that was concerned?
MR. GALLAGHER: So it was a unique scene because of the weather. Sergeant Lank had notified Norfolk County CPAC. He had advised them that --
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. GALLAGHER: I'm sorry. Can you rephrase the question, please?
BY MR. LALLY:
MR. LALLY: Sure. So Detective Sergeant Lank had reached out to Norfolk County CPAC, correct?
MR. GALLAGHER: That's 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 -- 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: And it may be a term that is pretty well understood; but, when you say "unattended death," what do you mean by that?
MR. GALLAGHER: An unexplained death. A person who is alone at the time of their death.
MR. LALLY: And so at this point, no one from the state police had responded or was responding to the scene at that point?
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 how we were going to process the area. Our concern was there was some light pink spots in the snow, and we thought it may be blood. So we were discussing how to get to that to 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 snow blower. 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. There were no civilians or witnesses about, and I knew we had two officers who could protect the scene while we processed. So Sergeant Goode, before he left to get the leaf blower, he directed the officers to move their cruisers. I told Sergeant Lank the most important thing he could do at this time was --
MR. JACKSON: Objection.
JUDGE CANNONE: The objection is sustained. Move on to your next question, Mr. Lally.
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: Now, you mentioned that there was some crime scene tape that was set up around; is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And how was that accomplished?
MR. GALLAGHER: Sergeant Goode and Detective Sergeant Lank put up the crime scene tape.
MR. LALLY: And do you know what, if anything, they were able to use to attach it to in order to set it up around where more had been found?
MR. GALLAGHER: I believe they used a fire hydrant, a tree, a flagpole and I'm not sure what else. I wasn't -- I don't recall specifically what it was attached to.
MR. LALLY: And, with regard to -- you mentioned that there were photographs that were taken prior to the implementation of the leaf blower; is that correct?
MR. GALLAGHER: That is correct.
MR. LALLY: And if I could 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 at this particular scene?
MR. GALLAGHER: It was an evening scene. There was snow. I had never processed a scene in the snow. I had seen a leaf blower used in the snow. 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. So it 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 sort of 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: Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I'm going to direct your attention to what's currently marked as Exhibits 7, 10, 11, 12, 13, 15, 16, 17, 19, 20, 21, 22 and 23. Would you review those to yourself and look up when you're finished.
MR. GALLAGHER: Okay.
MR. LALLY: Your Honor, may we approach?
JUDGE CANNONE: Sure.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: Your Honor, what I'd like to do, just to make Ms. Gilman's life a little bit easier, is if I could publish them to the jury, referring to the numbers that are currently on them and then have them marked as the next subsequent exhibits.
JUDGE CANNONE: All right. So you want to publish them first and then we will mark them?
MR. LALLY: Just so I can refer to them as Exhibit —--
JUDGE CANNONE: Is there any objection to doing that?
MR. JACKSON: No.
COURT CLERK: Can we all stay here for a second? FTR is down right now. The official court reporter obviously is here. Tori and I are working on FTR but it's not recording as of right this second.
JUDGE CANNONE: Okay.
COURT CLERK: You can see that the clock is frozen.
JUDGE CANNONE: All right. Thank you.
COURT CLERK: Thank you.
MR. LALLY: Thank you.
(Whereupon, the sidebar conference concluded.)
COURT CLERK: Mr. Lally, hold on for a second.
JUDGE CANNONE: I'll see counsel again at sidebar on this issue.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Do you need to call them anything for Ms. Gilman? Can you just go over there and -- Madam Court Reporter is concerned that the record is going to say whatever you just call them and then we are going to --
MR. LALLY: Okay.
JUDGE CANNONE: I agree with her. I think it will be confusing.
MR. LALLY: Okay. Yes.
JUDGE CANNONE: So just take a minute and go point out which ones she has to put up or something.
MR. LALLY: Sure. I can do that. Yes. Whatever works best.
JUDGE CANNONE: Thank you.
(Whereupon, the sidebar conference concluded.)
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes. Jurors, I told you before how important it is that our record is clear. That's why I'm sort of making this take longer than it would otherwise. Mr. Lally, can you simply hand her a note, telling her what numbers?
MR. LALLY: Yes, Your Honor. I'm writing the numbers. Your Honor, I would ask that the next 13 exhibits be marked, the 13 photographs in the book be marked as the next 13 exhibits.
(Whereupon, photographs were entered and marked Exhibits No. 21 through and including 32 in Evidence.)
COURT REPORTER: Exhibits 21 through 32, Your Honor.
JUDGE CANNONE: Thank you. All right. You can publish these.
MR. LALLY: May I return them to the witness, as well, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I'm returning those to you.
MR. LALLY: Ms. Gilman, if I could have the first of those photographs up on the screen? And if you could enlarge that just a bit, Ms. Gilman?
BY MR. LALLY:
MR. LALLY: Now, Lieutenant, I don't believe that's the first photograph before you but if you could locate that within the pile?
MR. GALLAGHER: Sure.
MR. LALLY: My apologies.
MR. GALLAGHER: I believe that's Exhibit 30.
MR. LALLY: And, if you could, just describe for the jury what, if anything, we are looking at on this exhibit, Sir.
MR. GALLAGHER: So that is in front of 34 Fairview Road in Canton. It's looking westerly or the direction towards Chapman Street. And it's documenting the conditions at the time.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Lieutenant, at any point if I ask or if any attorney asks you, this is a laser pointer. Just click on there and point that at the screen. Okay?
MR. GALLAGHER: Yes.
MR. LALLY: Now, Ms. 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.
JUDGE CANNONE: Do you have a number on that in front of you?
MR. GALLAGHER: I do. It's Exhibit 22. There are two of these, I believe. I wasn't sure I had the correct one. That would be 22. Yes.
BY MR. LALLY:
MR. LALLY: And what's depicted in that photograph, sir, is that a fair and accurate portrayal of sort of the scene in the roadway when you arrived that morning?
MR. GALLAGHER: It is. It's the mailbox with the No. 34 on it. And it shows two vehicles in the driveway of 34 Fairview Road.
MR. LALLY: And, Ms. Gilman, the next photograph.
MR. LALLY: And, if you could, Lieutenant, when you locate this, indicate which exhibit we are looking at in 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: Thank you, sir.
MR. LALLY: The next photograph, Ms. Gilman.
MR. GALLAGHER: Exhibit 29. And basically it documents the same thing, the entirety of the house from 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, Ms. Gilman. A 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: Subseguently, did you learn what that object was?
MR. GALLAGHER: Yes.
MR. LALLY: And what did you learn it to be?
MR. GALLAGHER: It was a broken clear cocktail glass, and the pink spot was frozen or coagulated blood.
MR. LALLY: The next photograph, Ms. Gilman. A That's Exhibit 23. And it's basically showing that the scene was trampled by rescue workers, witnesses, et cetera, but you could still see, you know, 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 footprints did you -- sort of what areas around where Mr. O'Keefe's -- where it was indicated to you that Mr. O'Keefe's body was where those footprints were 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 or the residents of 34 Fairview, what, if any, footprints did you observe in that area of the snow?
MR. GALLAGHER: I didn't observe any footprints at that time.
MR. LALLY: Ms. Gilman, if I could ask for the next photograph, please. A That is Exhibit 24, and it's showing a westerly shot of the scene. Mr. O'Keefe was found in this area here, and it depicts the wind blowing in that direction at the time.
MR. LALLY: And it's probably self-evident, but it depicts the wind blowing in that direction based on what?
MR. GALLAGHER: The flag flying.
MR. LALLY: The next photograph, Ms. Gilman. A That is Exhibit 20. That is the -- I believe it's called a six-inch Cape Cod asphalt berm that separated the roadway from the property of 34 Fairview. And this is the long look to where Mr. O'Keefe was discovered.
MR. LALLY: Thank you, sir.
MR. LALLY: And the next photograph, Ms. Gilman?
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. This is -- I believe this is Exhibit 26.
MR. LALLY: Thank you, sir.
MR. LALLY: Next photograph, Ms. Gillman?
MR. GALLAGHER: This is Exhibit 27, and it's what we believed was frozen or coagulated blood spotting.
MR. LALLY: And the next photograph, Ms. Gilman? A And that's a different view, a closeup of the scene. That's Exhibit 32.
MR. LALLY: Thank you, sir.
MR. LALLY: And the next photograph, Ms. Gilman?
MR. GALLAGHER: That is when we first uncovered the berm, the six-inch berm. And it's just a smaller picture, closeup, of that berm. It's Exhibit 25.
MR. LALLY: With reference to the sort of uncovering of the berm as you've described it, what, if anything, did you use to uncover the berm?
MR. GALLAGHER: I believe we just used our foot to uncover that.
MR. LALLY: And what I believe is the last photograph, Ms. Gilman. A 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: Thank you, sir.
MR. LALLY: May I approach, Your Honor, just to retrieve?
JUDGE CANNONE: Yes. Yes.
BY MR. LALLY:
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: With dash cameras, WatchGuard cameras.
MR. LALLY: What, if anything, have you done to review some of that dash camera footage from the cruisers from that morning?
MR. GALLAGHER: I reviewed all of it.
MR. LALLY: And, specifically, have you reviewed dash camera footage from -- excuse me -- from the 683 cruiser, Officer Saraf's cruiser?
MR. GALLAGHER: Yes, I did.
MR. LALLY: Your Honor, if I may, I would ask that -- that'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, Ms. Gilman, if you could fast forward this to approximately 57 minutes or so into the...
(Whereupon, the video is played.)
BY MR. LALLY:
MR. LALLY: Lieutenant Gallagher, do you recognize what's up on the screen in Exhibit 12?
MR. GALLAGHER: I do.
MR. LALLY: And what do you recognize it to be?
MR. GALLAGHER: That's the video I referred to of Canton Cruiser 683. It's dated January 29th, 2022 at, the time is correct, 7:02:54.
MR. LALLY: And, around this time with this video from Officer Saraf's cruiser, what, if anything, did you observe occurring within that cruiser camera footage?
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 video.
MR. GALLAGHER: Yes.
MR. LALLY: Ms. Gilman, if you could?
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, if you could just pause for one second? A There's two officers with crime scene tape. I believe this is Officer Mullaney, but I'm not sure. I know this is Sergeant Goode.
MR. LALLY: My apologies, Ms. Gilman. If you could hit play again?
(Whereupon, the video is played.)
MR. LALLY: A That's Detective Sergeant Lank in the lighter coat. Sergeant Goode and Lank, they walk off camera. You'll see Sergeant Goode come into the picture right here, stretching out the crime scene tape. You'll see it flapping in the wind there. You see it raise way up because of the wind. This is some crime scene tape here. And I'm not sure what they affixed 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.
MR. LALLY: Ms. Gilman, if you could pause it right there for a moment.
MR. LALLY: So, Lieutenant Gallagher, in addition to sort of the crime scene tape that you observe in this video, what, if anything else, did you get from the station to attempt to sort of secure the scene or place at the scene?
MR. GALLAGHER: I'm not sure what you mean.
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. Okay.
MR. GALLAGHER: No.
MR. LALLY: And why not?
MR. GALLAGHER: I had a tent with me from home. It was a personal 8x8 tent.
MR. LALLY: My apologies, sir. So at any point in time, 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: Okay. And, again, it may be 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 over the snow?
MR. GALLAGHER: High winds shifting directions of a large amount of snow falling.
MR. LALLY: Now, Ms. Gilman, if I could ask if you could just pull forward in that video to about the one-hour-seven-minute mark. And if you could hit play for a minute.
(Whereupon, the video is played.)
MR. LALLY: Lieutenant, what, if anything, are we looking at in this portion of the video?
MR. GALLAGHER: If you look closely, it's the crime scene tape that's blowing around. Right now, you can't see it or you cannot see it from here.
MR. LALLY: And 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 the scene.
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, you can stop and take it down. Thank you very much.
MR. LALLY: 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's sort of several different short video clips of that process; is that fair to say?
MR. GALLAGHER: There is at least one that I know of.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Showing you a disk, do you recognize that?
MR. GALLAGHER: I don't recognize it. I haven't seen this disk before.
MR. LALLY: Your Honor, may we approach?
JUDGE CANNONE: Okay.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: So, Your Honor, in the interest of time, I can tell the Court that the disk contains the videos we were just talking about. I would like to have it marked as an exhibit before I play it for the witness, who can authenticate it because he sent it. If there is any issue with that --
MR. JACKSON: No. From a procedural; standpoint, I don't care. I just want to make sure I understand that the disk contains the two videos.
MR. LALLY: I think it's more than two.
MR. JACKSON: You think it's more than two?
MR. LALLY: Well, they're broken up into -- I mean, it's all sort of the same footage but it's broken up into --
MR. JACKSON: Small snippets.
MR. LALLY: Yes.
MR. JACKSON: I don't have any problem with it.
JUDGE CANNONE: All right. While we are on exhibits, he testified to the first photograph being Photo No. 20, and 20 is Becker's report from the other day. So did you inadvertently give him what had been previously marked 20 in that pile just now without any sticker on it? Because these photos --
MR. LALLY: I may have.
JUDGE CANNONE: -- I have it we started at 21. Is that right, Tori? So if there is one in there with a sticker on it, that's 20. Yes, were removed. He indicated what all the others were.
MR. LALLY: Okay.
JUDGE CANNONE: He said there were two of them. So it's probably one of these, anyway. It's probably a duplicate. If you all want to look at that at a break and figure that out, you need to do that.
MR. LALLY: Okay.
JUDGE CANNONE: So you can go ahead and put that in.
MR. LALLY: Okay.
(Whereupon, the sidebar conference concluded.)
MR. LALLY: Your Honor, the Commonwealth seeks to introduce this and admit as the next exhibit.
JUDGE CANNONE: Okay.
(Whereupon, crime scene video on CD was entered and marked Exhibit No. 33 in Evidence.)
COURT REPORTER: Exhibit 33.
JUDGE CANNONE: Thank you.
MR. LALLY: My apologies, Your Honor. May we approach just briefly?
JUDGE CANNONE: Okay. Jurors, feel free to stand up and stretch.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: I believe what happened was Madam Court Reporter inadvertently marked the first photograph in the set today as 20. So now we have two 20s. So before we go on --
JUDGE CANNONE: No, she did not. That has 4/29. That is yours.
MR. LALLY: Oh, I'm sorry.
JUDGE CANNONE: This is where we started today in marking them. That's probably a duplicate.
MS. LITTLE: I think you said we had 13, but we actually marked -- that might just be the last one.
MR. LALLY: I just don't want to keep marking exhibits and further compound the problem. That's the only reason I asked to --
JUDGE CANNONE: These all have today's dates on them. That was premarked by you as 20. So you can --
MS. MCLAUGHLIN: Do we already have a 20?
JUDGE CANNONE: We do have a 20. It's Becker's report.
MS. MCLAUGHLIN: Could we amend this to be the last sequential order exhibit?
JUDGE CANNONE: How about we do it as 20A because he has referenced it as 20.
MR. LALLY: Okay.
JUDGE CANNONE: At least it will have that number that corresponded with what the jurors saw. Okay? Is there an objection to that?
MR. JACKSON: No.
JUDGE CANNONE: We will do that. Hand that to Madam Court Reporter to be marked.
(Whereupon, the sidebar conference concluded.)
(Whereupon, photograph was entered and marked Exhibit No. 20A in Evidence.)
MR. LALLY: Your Honor, with the Court's permission, may I publish what has now been marked as, I believe, Exhibit --
COURT REPORTER: 20A.
MR. LALLY: Twenty. I'm sorry. The last exhibit, the disk, if I could publish that to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if you could just pause it right there?
(Whereupon the video is played and paused.)
BY MR. LALLY:
MR. LALLY: And, Lieutenant Gallagher, do you recognize what is up on the screen?
MR. GALLAGHER: I do.
MR. LALLY: What do you recognize it to be?
MR. GALLAGHER: That'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 on?
MR. GALLAGHER: Detective Sergeant Lank is documenting and Sergeant Goode is also assisting.
MR. LALLY: Ms. Gilman, thank you very much. If you could play it?
(Whereupon, the video is played.)
MR. LALLY: A As you can 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 the dark red spots. As you see, we can control it. We were concerned with what --
MR. JACKSON: Objection.
JUDGE CANNONE: Wait for a question. A As you can see, it just takes it layer by layer.
MR. JACKSON: Objection.
JUDGE CANNONE: Stop for a second. Mr. Lally, Ms. Gilman, can you pause it?
(Whereupon, the video is paused.)
JUDGE CANNONE: So if you have a question for the lieutenant, Mr. Lally, or are you asking him to narrate the whole video?
MR. LALLY: No, Your Honor.
JUDGE CANNONE: Then you can pause. It's great if you can keep your voice up over the sound of the video.
MR. GALLAGHER: IT understand, Your Honor.
MR. LALLY: So do you have a question, Mr. Lally?
MR. LALLY: Just briefly at this point.
BY MR. LALLY:
MR. LALLY: So, Lieutenant Gallagher, with respect to as you're conducting this whole process, what, if anything, are you concerned about as far as throughout this process of trying to locate evidence?
MR. GALLAGHER: We were concerned with the weather destroying biological evidence at that time.
MR. LALLY: So what, if anything, were you doing with regard to that?
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 fair to say as far as during this sort of removal process, how much of the snow were you able to sort of sift layer by layer with the leaf blower that you had?
MR. GALLAGHER: We could control how much I wanted to sift. I did it as -- I started out as gently as possible. If more snow needed to be removed, I got a little more aggressive.
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, if you could go to the next video.
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, if you could play the third video, please?
(Whereupon, the video is played.)
MR. LALLY: Okay. Ms. Gilman, if you could play the last video, please?
(Whereupon, the video is played.)
MR. LALLY: Thank you. Mr. Officer, you can put the lights back up. Thank you, sir.
BY MR. LALLY:
MR. LALLY: Now, Lieutenant, with reference to that process, how far deep into the snow were you able to go with using that leaf blower in that manner?
MR. GALLAGHER: We got almost to the ground, bare ground.
MR. LALLY: As far as sort of a surface area, like how much of that area where Mr. O'Keefe was found were you able to use the leaf blower?
MR. GALLAGHER: It was approximately a 6x6, 7x7 area.
MR. LALLY: From that area, what, if anything -- in addition to the cocktail glass pieces that you already 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, anything else. Just the blood and the glass.
MR. LALLY: Now, Lieutenant, during the time that you were on scene 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 that you're aware of?
MR. GALLAGHER: I didn't observe anybody ever come out of their house.
MR. LALLY: And that includes the residence that you were 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 particular morning?
MR. GALLAGHER: Approximately 50 minutes. Forty-five 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: Yes. We took six blood samples. Yes.
MR. LALLY: Okay. And how were you able to sort of collect the blood samples on the scene?
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 with it 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 Sergeant Lank transported them back to Canton Police Headquarters.
MR. LALLY: And, with respect to those samples and piece of glass that you located, eventually what, if anything, was done with those? Well, first and foremost, when you came back to the Canton Police Station, what, if anything, did you do with them there?
MR. GALLAGHER: 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 with them?
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 lst 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 and 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. Kenneth Berkowitz.
MR. LALLY: And, following that conversation, at some point, did you return to Fairview Road 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: And 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: Brian Albert is also a police officer; is that correct?
MR. GALLAGHER: He's 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 that 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 worked with when I was assigned to DEA. And he later had a satellite office at our P.D. And I have since come to know him personally.
MR. LALLY: In reference to your work with the DEA, how long did you work with the DEA?
MR. GALLAGHER: Thirteen years.
MR. LALLY: And so Mr. Higgins. Was he present in the home on Fairview when you arrived there 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 lst, a few days later at your department, there were members from the crime lab that came there, 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 for the jury, sir, what is a sally port specifically at 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. There are large overhead doors that are numbered one, two, three and four. 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 doors, 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 P.D. is only accessible by access card, key access card.
MR. LALLY: You mentioned sort of the overhead garage doors are accessible only by the dispatch area; is that correct?
MR. GALLAGHER: That is correct. The computer in the dispatch area.
MR. LALLY: And that as far as the entrance from the department, how, if at all, is that controlled?
MR. GALLAGHER: There is a -- to the right of Sally Port 4, there is a keycard 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's under our 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, February lst?
MR. GALLAGHER: I've seen a small portion, yes.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Do you recognize what's depicted on that particular flash drive?
MR. GALLAGHER: Yes.
MR. LALLY: What is depicted on that, sir?
MR. GALLAGHER: C.P.D. sally port videos.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
JUDGE CANNONE: Any objection?
MR. JACKSON: No, Your Honor.
(Whereupon, thumb drive with video from sally port was entered and marked Exhibit No. 34 in Evidence.)
COURT REPORTER: Exhibit 34.
MR. LALLY: Your Honor, if I may at this time seek to publish a portion of Exhibit 34 to the jury? May I have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, could I have the portion that's February 1st? It covers 12:00 a.m. to 12:00 noon. Ms. Gilman, if I could ask you to just fast forward that to approximately 9:11 a.m. I'm sorry. If you could just pause for one second.
JUDGE CANNONE: Jurors, why don't we take a 10- minute recess.
(Whereupon, the jury is escorted from the courtroom for a brief recess.)
JUDGE CANNONE: All right. So we are 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 the sticker on it. We are having all sorts of difficulties. FTIR is not working. I am not sure if we are getting any Internet here. Are we all set with this? Is this something -- do you want to use the flash drive that you put in? Would that help?
MR. LALLY: No. I think the issue is sort of the size of the video. So bringing it up can be -- although my issue is as I was standing over there, I couldn't really see anything as far as the screen. It doesn't appear that dark when you put it on a laptop.
JUDGE CANNONE: I couldn't open any of those this morning on my work computer. All right. Why don't we take a 10-minute recess.
(Whereupon, there was a brief recess taken.)
(Court resumes.)
(Defendant present. Jury present.)
JUDGE CANNONE: Mr. Lally, are we all set?
MR. LALLY: Yes. Mr. Officer, it may be a little bit -- if you could please put the lights back on? Thank you, sir.
BY MR. LALLY:
MR. LALLY: Lieutenant Gallagher, again, from this video from approximately 9:11 in the morning, do you recognize what's up on the screen?
MR. GALLAGHER: I do.
MR. LALLY: If you could, just 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: This is our sally port. You would come in Sally Port 4. This is 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.
MR. LALLY: And, as far as personnel from the state police that were present there, 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 criminologist was there and a photographer. I don't know them by name.
MR. LALLY: So a couple people from the lab, one taking photos, one criminalist; is that correct?
MR. GALLAGHER: Correct.
MR. LALLY: As well as Trooper Proctor?
MR. GALLAGHER: That's correct.
MR. LALLY: And do you know Trooper Proctor?
MR. GALLAGHER: I knew of him. I don't believe I ever met him prior to this. He has worked some cases with our detectives. I knew he was assigned to the D.A.'s office. But I'm not sure if I ever met him prior to this case.
MR. LALLY: Now, with reference to the vehicle, what, if anything, was placed around the vehicle or did you observe around the vehicle when you saw it?
MR. GALLAGHER: This crime scene tape, as you see the yellow tape right there.
MR. LALLY: And, just to be clear, the sort of -- which part of the vehicle is sort of in the lower foreground of this video?
MR. GALLAGHER: 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 specialized units within the state police were also present there?
MR. GALLAGHER: Eventually I think they call it the CARS team. I think it's what I would call their accident reconstruction team responding.
MR. LALLY: Now, Ms. Gilman, if I could ask you to fast forward within that video to approximately 9:44 a.m. That's fine right there, Ms. Gilman. Just a little bit back. Right there. If you could just hit play?
(Whereupon, the video is played.)
MR. LALLY: Now, Lieutenant, during this part of the video, in addition to the people that you've already referenced, who, if anyone, else was in the garage at that time?
MR. GALLAGHER: It's hard for me to say. I believe this is the criminalist. I believe this is Trooper Proctor. This is me with the gray shirt, walking in. That's me right there. And that's Trooper Proctor and I believe a photographer or another criminologist is here. I don't know what their title is.
MR. LALLY: Now, at some point during the execution of the search warrant, what, if any, issues did you become aware of with regard to the criminalists?
MR. GALLAGHER: They were having trouble in trying to remove the housing to the taillight, passenger side taillight. They were having difficulty removing it.
MR. LALLY: And what, if any, assistance did you offer with regard to that?
MR. GALLAGHER: I told them 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: And 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 area of the car?
MR. GALLAGHER: I asked dispatch to ask him to return at approximately I think it was 9:50.
MR. LALLY: And, Ms. Gilman, if I could ask you to, if it's not already there, move it up to 9:51 a.m.
(Whereupon, the video is played.)
MR. LALLY: If you could just pause it for one moment, Ms. Gilman.
(Whereupon, the video is paused.)
MR. LALLY: So with reference to 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.
MR. LALLY: And, Ms. Gilman, for your purposes, what I would ask is we run this from essentially 9:51 a.m. through to about 9:58:30.
(Whereupon, the video is played.)
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. He places his toolkit on the tailgate.
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: You can pause it and ask a question.
(Whereupon, the video is paused.)
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: From your review of this video, what, if anything, do you observe Officer Wanless do with reference to that rear passenger side taillight?
MR. GALLAGHER: He reenters the sally port with some tools and he places his toolkit down on the tailgate of the Lexus.
MR. LALLY: And then what, if anything, do you observe him do after that?
MR. GALLAGHER: He begins to work on the housing of the taillight.
MR. LALLY: Thank you.
MR. LALLY: Ms. Gilman, if you could press "play."
(Whereupon, the video is played.)
MR. LALLY: Thank you, Ms. Gilman. You can take that down.
MR. LALLY: Now, Lieutenant, with respect to an item that you and the other officers recovered from 34 Fairview on the 29th, the criminalist that was depicted in that video, was that who you gave those items to?
MR. GALLAGHER: I believe so, yes.
MR. LALLY: So you gave those items to her directly, correct?
MR. GALLAGHER: Yes.
MR. LALLY: Now, as far as that particular -- 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 Mr. O'Keefe had been found, correct?
MR. GALLAGHER: That is correct.
MR. LALLY: Now, turning back again just to February lst -- I'm sorry to jump around. But, back to February lst, at some point you mentioned there was a crash reconstructionist from the state police; is that correct?
MR. GALLAGHER: That's correct.
MR. LALLY: And what, if anything, did you aid or assist or facilitate with reference to crash reconstructionist around the police station.
MR. GALLAGHER: When they wanted to test the vehicle, I secured the parking lot. I advised no cruiser to return to the station, and I blocked the entryway with my marked cruiser and remained in my cruiser.
MR. LALLY: And, later on on that day of February 1st, where, if anywhere, did you go with respect to the crash reconstructionist?
MR. GALLAGHER: We went to 34 Fairview.
MR. LALLY: In addition to yourself and the trooper from the crash reconstruction, who, if anyone, else went with you?
MR. GALLAGHER: Trooper Proctor was present.
MR. LALLY: And 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.
MR. LALLY: And, to your knowledge, had Trooper Proctor been to Fairview prior to that day?
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 reconstructionists to once you were on scene?
MR. GALLAGHER: I brought them to the area of where Mr. O'Keefe was found.
MR. LALLY: So you showed them where Mr. O'Keefe was found?
MR. GALLAGHER: Yes.
MR. LALLY: Now, turning your attention -- well, when on scene that day with Trooper Proctor and the crash reconstructionists, what, if anything, did you observe them to be doing that day?
MR. GALLAGHER: I believe they were discussing -- 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? Do you want me to strike the "I believe they were trying to"?
MR. JACKSON: That would be perfect.
JUDGE CANNONE: All right. So that will be stricken, but your observation may remain.
BY MR. LALLY:
MR. LALLY: Now, with reference -- if I could draw your attention to February 4th of 2022. Were you working that day?
MR. GALLAGHER: I wasn't.
MR. LALLY: Okay. And, at some point, did you receive a call in regard to this case, this investigation?
MR. GALLAGHER: I did.
MR. LALLY: And who, if anyone, called you?
MR. GALLAGHER: Chief Berkowitz.
MR. LALLY: And what, if anything, did Chief Berkowitz indicate to you?
MR. GALLAGHER: He asked me if I was working. When I told him no, he asked who was.
MR. LALLY: And who, if anything, did you indicate to him was working?
MR. GALLAGHER: I told him Detective Sergeant Lank was working.
MR. LALLY: And, as far as -- what, if anything, was that call in reference to, if you know?
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: And what, if anything, did he indicate to you that he saw?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. I'm going to see you at sidebar.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Isn't this just a straight hearsay objection?
MR. JACKSON: Correct.
JUDGE CANNONE: So I understand that this might be the knowledge of the police officer, but haven't laid a foundation for that.
MR. LALLY: Okay. Really, all I'm trying to establish with this witness, Your Honor, is that essentially there was -- I trying not to get too much into it. It's just more he then directs Berkowitz to Lank. Lank recovers the items. That's all.
JUDGE CANNONE: So you've got Lank testifying?
MR. LALLY: Correct.
JUDGE CANNONE: Did Lank give the item to this witness?
MR. LALLY: No. So Lank photographs the item and leaves it in place until state police shows up. Sergeant Kenny is the one who comes and retrieves it.
JUDGE CANNONE: Okay. Yes. You're not going to do that.
MR. LALLY: No, no, no. All I want from him is to get from Berkowitz to Lank. That's all.
JUDGE CANNONE: And how do you get from Berkowitz to Lank with him?
MR. LALLY: Because he is the one that indicates to Chief Berkowitz that Lank is the one who is working that day. So --
JUDGE CANNONE: So you already have it?
MR. LALLY: Exactly.
JUDGE CANNONE: Okay. So we'll end it at that point.
MR. LALLY: Yes. Definitely.
(Whereupon, the sidebar conference concluded.)
BY MR. LALLY:
MR. LALLY: And so just to be clear, Lieutenant, you did not go to Fairview Road on February 4th, 2022, correct?
MR. GALLAGHER: I did not.
MR. LALLY: I have nothing further for this witness, Your Honor.
JUDGE CANNONE: All right. Cross-examination.
MR. JACKSON: Thank you, Your Honor.