Commonwealth v. Read — Trial ArchivePaul Gallagher — Redirect/Recross
70 linesREDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Lieutenant, if I could ask you, a phrase that was posed to you a couple of times during cross-— examination as far as recusal of your department, how would you define that term in this specific sense?
MR. GALLAGHER: In this specific case?
MR. LALLY: Yes.
MR. GALLAGHER: We did not want to go on any investigative interviews because one of our best investigators, his name is Kevin Albert, is the property owner's brother. And we didn't think it would be appropriate if we were on those interviews, questioning his family members.
MR. LALLY: Now, with regard to death investigations, specifically unattended death investigations, what, if any, role does your department specifically have when it comes to those or what if any jurisdiction does your department have versus the state police?
MR. GALLAGHER: The state police takes jurisdiction. They run the investigation. We assist them in any way we can.
MR. LALLY: Now, sir, you were asked some questions in regard to -- or you indicated that in regard to the drinking glass that you located in the area where Mr. O'Keefe's body was that it didn't come from the house. Why is that?
MR. GALLAGHER: I think I said I believed we didn't think it came from the house at that time because they were out at the Waterfall Bar & Grille the night before. And the initial statements from Sergeant Lank and Sergeant Goode obtained, nobody put John O'Keefe anywhere but where he was found. And that included his girlfriend.
MR. LALLY: Now, if I could take a step back just to the state police jurisdiction over unattended deaths. What, if any, assets does the state police have as far as investigative assets that your department doesn't?
MR. GALLAGHER: They have far superior tools to investigate. They have direct access to the crime lab. They have a CARS team that can do accident reconstruction.
MR. LALLY: Now, with regard to the criminalist and turning your attention to February lst of 2022 when you're in the sally port area, you mentioned that Officer Wanless came in with a toolkit to assist in removing a taillight, correct?
MR. GALLAGHER: That's correct.
MR. LALLY: And is it your understanding, essentially, he just removed a clip from the back of the taillight in order to take it out of the vehicle?
MR. GALLAGHER: Yes. I believe you can see on the video it Just pops into the criminalist's hands.
MR. LALLY: And, as far as your review of that video or your observations that day, there was nothing about the taillight that was broken during that removal process, correct?
MR. GALLAGHER: Correct.
MR. LALLY: Now, as far as cross-contamination that you were asked about, you indicated it was not a yes-or-no answer. What, if anything, else would you have to add?
MR. GALLAGHER: What counsel was depicting was the transfer of custody over to the state police. So the criminologist was handling it at that time. The photographer was photoing it. The criminologist was transferring the blood into their plastic containers. And that's why I'm sure it was being handled by a criminologist. There wasn't going to be any cross-contamination. I wasn't concerned about cross-contamination.
MR. LALLY: So that was a scenario that you were describing earlier in your direct examination as far as your turning those items physically over to the criminalist on February 1st in the sally port area?
MR. GALLAGHER: And converting them to their plastic containers, yes.
MR. LALLY: Thank you, sir. Nothing further.
JUDGE CANNONE: Mr. Jackson?
MR. JACKSON: Very briefly.
RECROSS-EXAMINATION BY MR. JACKSON:
MR. JACKSON: You said that no one put John O'Keefe, none of the witnesses put John O'Keefe, anywhere but where he was found. That's what you just said, correct?
MR. GALLAGHER: That's correct.
MR. JACKSON: So your investigative technique is just to ask a witness how did that body get there. And, if they say, I have no idea, your job is just done, right?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: If a witness says, we found him here, do you just take the witness at their word?
MR. LALLY: Objection.
JUDGE CANNONE: You can go ahead and answer.
MR. GALLAGHER: No. Of course not.
BY MR. JACKSON:
MR. JACKSON: You might want to investigate a little further, right?
MR. GALLAGHER: Absolutely.
MR. JACKSON: And ask them questions?
MR. GALLAGHER: That is correct.
MR. JACKSON: Get search warrants?
MR. GALLAGHER: When there is probably cause, we do. Absolutely.
MR. JACKSON: None of that was done here, though?
MR. GALLAGHER: No probable cause.
MR. JACKSON: Thanks. That's all I have.
JUDGE CANNONE: You are all set, Lieutenant.
MR. GALLAGHER: Thank you.
(Whereupon, the witness was excused.)
JUDGE CANNONE: Who is your next witness, Mr. Lally?
MR. LALLY: Your Honor, the Commonwealth would call Sergeant Sean Goode to the stand.
JUDGE CANNONE: Okay. And, while the sergeant is coming in, I'll see counsel about scheduling.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: All right. So we were off on how long things might take this morning. Does it make sense -- so is Lank your next witness?
MR. LALLY: Yes.
JUDGE CANNONE: How long do you expect this witness?
MR. LALLY: It could be equal.
JUDGE CANNONE: Does it make sense maybe to after lunch -- so this witness will go past lunch?
MR. LALLY: I think so, yes.
MR. YANNETTI: There is no doubt --
JUDGE CANNONE: And your cross?
MR. YANNETTI: It's probably about the length of Mr. Jackson's, I would say.
JUDGE CANNONE: All right. So maybe we send the jury home early and do the voir dire of Lank when we finish with this witness.
MR. YANNETTI: Okay.
JUDGE CANNONE: I mean, do you have a short witness in between?
MR. YANNETTI: In between? No. But I think Lieutenant Ray, I think, is relatively quick.
JUDGE CANNONE: All right. Let's see what time it gets to be. But I'd like to do that voir dire today and have Lank on tomorrow, rather than --
MR. LALLY: Sure. Okay. That makes sense.
JUDGE CANNONE: Do a quick voir dire about it. Okay. Thank you.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Jurors, I apologize for that. It's actually going to streamline things for you.