Commonwealth v. Read — Trial ArchiveSean Goode — Cross (Part 1)
876 linesCROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, Sergeant.
MR. GOODE: Good afternoon.
MR. YANNETTI: Sir, you and I have never met, correct?
MR. GOODE: No. 0) We've never spoken? A No.
MR. YANNETTI: Sergeant Goode, you grew up in Canton?
MR. GOODE: I did.
MR. YANNETTI: You attended Canton public schools?
MR. GOODE: I did.
MR. YANNETTI: You graduated from Canton High School?
MR. GOODE: I did.
MR. YANNETTI: That would have been in 1998?
MR. GOODE: Yes.
MR. YANNETTI: Is it true that in your graduating class was somebody named Courtney Proctor?
MR. GOODE: Yes.
MR. YANNETTI: You knew Courtney Proctor?
MR. GOODE: Yes.
MR. YANNETTI: You knew her to be Michael Proctor's sister, correct?
MR. GOODE: Yes.
MR. YANNETTI: Also in your graduating class was somebody named Jill Daniels, correct?
MR. GOODE: Yes.
MR. YANNETTI: You knew her or you now know her to be Christopher Albert's sister-in-law, correct?
MR. GOODE: Yes.
MR. YANNETTI: Christopher Albert is married to Jill Daniels' Sister, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you know Christopher Albert as Brian Albert's brother, correct?
MR. GOODE: Yes.
MR. YANNETTI: So it is fair to say that you graduated high school with Michael Proctor's sister and Christopher Albert's sister-in-law, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, you know, growing up in Canton and, you know, working for 18 years as a Canton police officer, you're well familiar with the Albert family of Canton, correct?
MR. GOODE: I work with one of them.
MR. YANNETTI: You know that the Albert familiarity is a well-known family in Canton, correct?
MR. GOODE: Sure.
MR. YANNETTI: The Albert family is well connected to the town of Canton, correct?
MR. GOODE: I don't know what you mean by "connected." They live in Canton, yes.
MR. YANNETTI: All right. Well, Christopher Albert is a Canton town selectman; is he not?
MR. GOODE: Yes.
MR. YANNETTI: And you've already established that Kevin Albert is a Canton police officer, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you already testified that you knew Brian Albert, as well, and you knew that he was a Boston police officer who lived in Canton, correct?
MR. GOODE: Yes.
MR. YANNETTI: In fact, he and his family lived at 34 Fairview in Canton, correct?
MR. GOODE: Yes.
MR. YANNETTI: You also knew that his family had been there for years and, before Brian Albert owned the house, his parents owned it, correct?
MR. GOODE: Yes.
MR. YANNETTI: Now, as of January 28th of 2022, who among the Albert family did you know either personally or professionally?
MR. GOODE: Professionally is Kevin Albert.
MR. YANNETTI: Okay. And what about personally?
MR. GOODE: I knew Chris.
MR. YANNETTI: Okay. And you know that Christopher Albert, in addition to being a town selectman, also owns a pizza place in Canton, correct?
MR. GOODE: Yes, he does.
MR. YANNETTI: What is the name of that pizza place?
MR. GOODE: That would be D&E.
MR. YANNETTI: And have you eaten there before?
MR. GOODE: Yes.
MR. YANNETTI: And you've seen Christopher Albert there before?
MR. GOODE: I have.
MR. YANNETTI: Now, on January 29th of 2022, you learned at approximately 6:00 a.m. that John O'Keefe's body was found on Brian Albert's front lawn, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, as of January 29th of 2022, you knew that Brian Albert at that time, of course, was the brother of your fellow Canton police officer, Kevin Albert, correct?
MR. GOODE: Yes.
MR. YANNETTI: And how long have you known Kevin Albert for?
MR. GOODE: As long as I've worked at the Canton Police Department.
MR. YANNETTI: And that is approximately 18 years?
MR. GOODE: Coming up on 18 years, yes.
MR. YANNETTI: And is Kevin Albert older or younger than you or around the same age?
MR. GOODE: He's older than me.
MR. YANNETTI: By how many years, if you know?
MR. GOODE: I don't.
MR. YANNETTI: Approximately?
MR. GOODE: Five years.
MR. YANNETTI: Okay. Have you ever shared a patrol car with Kevin Albert?
MR. GOODE: No.
MR. YANNETTI: Have you ever worked on an investigation ora case with Kevin Albert?
MR. GOODE: I probably have, yeah.
MR. YANNETTI: In addition to being a colleague, would you also consider Kevin Albert to be a friend?
MR. GOODE: Yeah. We've socially hung out after work.
MR. YANNETTI: And, because he is a fellow Canton police officer, you'd expect that he would have your back ina crisis, correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: I'll let him have it.
MR. GOODE: I hope he would defend me while working, yes. He is a police officer.
BY MR. YANNETTI:
MR. YANNETTI: And you would certainly protect him ina crisis, correct?
MR. GOODE: At work for police officers, yes.
MR. YANNETTI: Well, even out of work. If he was ina crisis, you'd probably help, correct?
MR. GOODE: I don't know what you're asking.
MR. YANNETTI: All right. Well, there is a teamwork that is part and parcel of being a police officer with your fellow officers, correct?
MR. GOODE: Sure.
MR. YANNETTI: It's a dangerous job?
MR. GOODE: Sure.
MR. YANNETTI: You need to have each other's back?
MR. GOODE: Sure.
MR. YANNETTI: You need to depend on your fellow officers, correct?
MR. GOODE: Sure.
MR. YANNETTI: And it's been said there's a brotherhood among police officers, correct?
MR. GOODE: To a fact.
MR. YANNETTI: And, you know, when you meet another police officer, he or she will tell you that they're, quote, "on the job," correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: The objection is sustained.
BY MR. YANNETTI:
MR. YANNETTI: And, in terms of, you know, depending on your fellow officers, you're taught all this beginning in the police academy, correct?
MR. LALLY: Objection.
JUDGE CANNONE: He can have that.
MR. GOODE: What am I taught?
BY MR. YANNETTI:
MR. YANNETTI: Well, I'm asking you. With regard to, you know, the teamwork and having each other's backs and, you know, working together and depending on each other, you are taught that starting in the academy?
MR. GOODE: Sure.
MR. YANNETTI: And it's reinforced over the years by superior officers and your colleagues, correct?
MR. GOODE: Sure.
MR. YANNETTI: Now, you were assigned as the primary investigator in the reconstruction analysis for this case, correct?
MR. GOODE: I'm assigned as a what?
MR. YANNETTI: You were assigned as the primary investigator in the reconstruction analysis for this case?
MR. GOODE: I don't know -- reconstruction analysis? No. I was the patrol supervisor that day.
MR. YANNETTI: If I may just have a moment, Your Honor?
JUDGE CANNONE: Okay.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: Now, I'm going to show you what is -- I'm not sure how many pages, but there are quite a few.
MR. GOODE: Okay.
MR. YANNETTI: It's a --
MR. LALLY: Your Honor, if he could not describe what he's showing to the witness?
JUDGE CANNONE: Yes. Just go ahead and show it to him.
MR. YANNETTI: sure.
BY MR. YANNETTI:
MR. YANNETTI: I'm going to direct you -- I'm taking out the first four pages and directing you just to the fifth page, sir.
MR. GOODE: Okay.
MR. YANNETTI: And, specifically, the second paragraph. And it's numbered number two.
MR. GOODE: Okay.
MR. YANNETTI: And I will ask you if you've seen that before.
MR. GOODE: Okay.
MR. YANNETTI: And I'll take it back from you.
MR. GOODE: Okay.
MR. YANNETTI: Do you recognize what this is?
MR. GOODE: It looks like some state police form.
MR. YANNETTI: Okay. Is ita --
JUDGE CANNONE: Why don't you not ask him. He just answered what he thought it was.
MR. YANNETTI: Are you familiar with a collision analysis and reconstruction section, a CARS, report?
MR. GOODE: I know the state police has a CARS section that handles motor vehicle homicide.
MR. YANNETTI: Does this appear to be a CARS report?
MR. GOODE: I've never seen one. You need to show me one. I'm not in the state police.
MR. YANNETTI: Okay. But you did see that your name is listed in the paragraph that I pointed out to you?
MR. GOODE: Sure.
MR. YANNETTI: And you're listed as Sergeant Sean Goode. That's you, correct?
MR. GOODE: Uh-huh.
MR. YANNETTI: Of the Canton Police. And you were assigned as the primary investigator in this reconstruction?
MR. GOODE: Because I wrote the offense report from that day?
MR. YANNETTI: Well, I'm just asking you. I'm dealing with a state police report that lists you as the primary investigator with regard to the reconstruction.
MR. LALLY: Objection, Your Honor. May we approach?
JUDGE CANNONE: Sustained. Sure. Why don't you all come up. Bring that, please.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Can I see it, Mr. Yannetti?
MR. YANNETTI: Sure. Of course. That is the beginning of the report and that's the paragraph.
JUDGE CANNONE: Who wrote this report?
MR. YANNETTI: Not Sergeant Goode. Somebody else.
JUDGE CANNONE: Right. I know from state police. But why don't you take that and tell me the author while I read this.
MR. LALLY: It's Trooper Paul, Your Honor.
MR. YANNETTI: Yes. Trooper Paul.
JUDGE CANNONE: Okay. Is he on your witness list?
MR. LALLY: Yes.
JUDGE CANNONE: Okay. So some of what causes difficulty is asking questions of the wrong witness.
MR. YANNETTI: Uh-huh.
JUDGE CANNONE: So he didn't adopt any of this, right?
MR. LALLY: That's really not what the report says, Your Honor. He had nothing to do with the reconstruction. In any reconstruction report, they're going to list who the primary investigator is with the involved department. So whoever they spoke to on scene or whoever wrote this OF report is going to be listed in the recon report as a primary investigator. That doesn't mean he had anything to do with the reconstruction.
MR. YANNETTI: I can ask another couple of -- I didn't know that, but --
JUDGE CANNONE: What was that?
MR. LALLY: I would assume Mr. Yannetti knows this.
MR. YANNETTI: I did not. I'll ask another couple of questions just to get out of it and I'll move on.
JUDGE CANNONE: Okay.
MR. LALLY: Thank you.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: Sergeant Goode, what was your understanding on February lst of 2022 regarding the Canton Police Department's role in this homicide investigation?
MR. GOODE: I believe at some point on the 29th, we recused ourselves and were not even part of the investigation.
MR. YANNETTI: Okay. So you did know as of the day that John O'Keefe was found on Brian Albert's front lawn that the Canton Police had recused itself from the case, correct?
MR. GOODE: At some point, I was notified after I finished all of my paperwork, yeah.
MR. YANNETTI: And what was your understanding of the recusal decision in terms of what the Canton Police was either allowed to do or not do?
MR. GOODE: Well, he had passed away. So now, no matter what, it's a state police investigation. It's a homicide. We do not investigate homicides.
MR. YANNETTI: Well, you've been a Canton police officer for 18 years, correct?
MR. GOODE: Yes.
MR. YANNETTI: During those 18 years, do you know how many homicide investigations have occurred in Canton?
MR. GOODE: None.
MR. YANNETTI: None?
MR. GOODE: Homicides? No. That I was involved in? None.
MR. YANNETTI: That the department was involved in.
MR. GOODE: I can't think off the top of my head, no.
MR. YANNETTI: So in the 18 years, this is the first homicide that your department has been involved in to your knowledge?
MR. GOODE: Yes.
MR. YANNETTI: Okay. Are you aware that although the state police have primary jurisdiction, they work hand in hand with local departments usually unless there is a conflict of interest?
MR. GOODE: Yes.
MR. YANNETTI: All right. So in this case, you learned that there was a conflict of interest. And my question to you is what did that mean in terms of your potential involvement in the investigation once that conflict was determined?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Were you the primary investigator for the Canton Police Department as of February 1st?
MR. GOODE: No.
MR. YANNETTI: Did you participate with the state police in any part of the reconstruction?
MR. GOODE: No.
MR. YANNETTI: Now, Sergeant Goode, who is Brian Higgins?
MR. GOODE: He is an ATF agent that has a satellite office out of the Canton Police Department.
MR. YANNETTI: And when did you come to meet him?
MR. GOODE: I have no idea when he started. It's been years.
MR. YANNETTI: It's been years. Over a decade?
MR. GOODE: I don't think so, but maybe.
MR. YANNETTI: Between five and 10 years?
MR. GOODE: Sure.
MR. YANNETTI: And how often would you see him at the Canton Police Station?
MR. GOODE: I worked midnights during that time. But I mean, three times a week I would see him. We don't have the same work schedule. I don't know when he works. He doesn't know when I do.
MR. YANNETTI: Okay. And, when you say you work midnights, that means you come in at midnight and you leave at 8:00 a.m.?
MR. GOODE: Correct.
MR. YANNETTI: And he works in the same building as you in terms of the fact that he has an office there, correct?
MR. GOODE: Yes.
MR. YANNETTI: Are there any other ATF agents that have offices at the Canton Police Department?
MR. GOODE: There could be. I don't -- they don't check in with us.
MR. YANNETTI: Do you know of any ATF agents that have offices at the Canton Police Department?
MR. GOODE: Not that I know of, no.
MR. YANNETTI: What about officers from other local departments, surrounding towns? Do they have any offices at the Canton Police Department?
MR. GOODE: No.
MR. YANNETTI: And you're not sure exactly how long he's had that office for, but it's been years?
MR. GOODE: Correct.
MR. YANNETTI: He has his own keycard to enter the building?
MR. GOODE: Yes.
MR. YANNETTI: And you say you've seen him two or three times a week in the time that he's had an office there?
MR. GOODE: Sure.
MR. YANNETTI: You're aware that Brian Higgins is a close friend of the former Canton Police Chief, Kenneth Berkowitz?
MR. GOODE: Sure.
MR. YANNETTI: You know that Chief Berkowitz was the reason that he was allowed to maintain an office at the Canton Police Department?
MR. GOODE: I didn't know that.
MR. YANNETTI: Well, his close friend, Chief Berkowitz, was your boss on January 29th of 2022, correct?
MR. GOODE: His close friend?
MR. YANNETTI: Yes. Brian Higgins' close friend, Chief Berkowitz, was your boss on January 29th of 2022.
MR. GOODE: Okay.
MR. YANNETTI: Does okay mean yes?
MR. GOODE: Yes.
MR. YANNETTI: And you worked the midnight shift that day, as well?
MR. GOODE: No.
MR. YANNETTI: What was your shift?
MR. GOODE: I took it off.
MR. YANNETTI: Were you assigned to dispatch that day?
MR. GOODE: The night of the incident?
MR. YANNETTI: Yes.
MR. GOODE: No. I stayed inside. I was inside.
MR. YANNETTI: Inside where?
MR. GOODE: The dispatch. I handle all the calls.
MR. YANNETTI: All right. That was my question. I'm sorry if I'm not being clear. But you were on duty, correct?
MR. GOODE: Yes.
MR. YANNETTI: What was your shift?
MR. GOODE: My shift was I stayed inside.
MR. YANNETTI: I'm sorry. What was the timing of your shift?
MR. GOODE: Twelve to eight.
MR. YANNETTI: Thank you. And, when you say you stayed inside, that meant you were handling dispatch, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, when you're handling dispatch, you're not expected to leave the station and physically respond to calls that come in, correct?
MR. GOODE: It depends on the call. Anything within reason that a supervisor should go, I'll lead in the station. Normal car accidents and stuff like that that patrol can handle, no.
MR. YANNETTI: Okay. So unless it's something unusual, you're going to stay at dispatch, correct?
MR. GOODE: Correct.
MR. YANNETTI: And just after 1:30 a.m. while you were working dispatch, that's when you saw Brian Higgins enter the Canton Police Station at 1:30 in the morning, correct?
MR. GOODE: Correct.
MR. YANNETTI: Did he come into the dispatch area?
MR. GOODE: I said that earlier. I don't remember him coming in or just did I see him on the cameras, walking down the hallway. We have numerous, maybe seven or eight, monitors in front of me that I'm able to watch people around our building.
MR. YANNETTI: So it could be that you just saw him on a screen or it could be that he was in your room?
MR. GOODE: Correct.
MR. YANNETTI: But you don't remember which, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, before he showed up there at 1:30, you hadn't called him to ask him to come in, correct?
MR. GOODE: No.
MR. YANNETTI: You hadn't asked him for any help with any investigation at 1:30, correct?
MR. GOODE: No.
MR. YANNETTI: When you first saw him there at 1:30, did you have any idea why he was showing up there?
MR. GOODE: No.
MR. YANNETTI: And, when you first saw him, do you remember what entrance he used to come into the Canton Police Station?
MR. GOODE: I don't. It was from the back parking lot. I don't know if he was on the left back rear or right back rear.
MR. YANNETTI: And you would agree with me that 1:30 in the morning was hours before John O'Keefe was found unresponsive on Brian Albert's front lawn, correct?
MR. GOODE: Yes.
MR. YANNETTI: All right. You had no information at 1:30 in the morning that John O'Keefe was out on Brian Albert's front lawn at that time, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, when Brian Higgins entered the department, that was the first time you had seen him on either the 28th or the 29th, correct?
MR. GOODE: Correct.
MR. YANNETTI: And this was, again, at 1:30 in the morning?
MR. GOODE: Uh-huh.
MR. YANNETTI: And you have to say yes or no.
MR. GOODE: Yes.
MR. YANNETTI: All right. You didn't know where he was coming from?
MR. GOODE: No.
MR. YANNETTI: You didn't know what he had done that night?
MR. GOODE: Absolutely not.
MR. YANNETTI: You didn't know who he had been with that night?
MR. GOODE: No.
MR. YANNETTI: This was a Friday night, into early Saturday morning with a major blizzard forecast?
MR. GOODE: Correct.
MR. YANNETTI: It had already started snowing?
MR. GOODE: Yes.
MR. YANNETTI: It was supposed to get worse?
MR. GOODE: Yes.
MR. YANNETTI: Was it unusual to see Brian Higgins come into the station at 1:30 a.m. on a weekend?
MR. GOODE: No.
MR. YANNETTI: And you don't recall how close you got to him?
MR. GOODE: No.
MR. YANNETTI: Are you able to tell this jury anything about his demeanor?
MR. GOODE: No. He walked in. It's not unusual we wouldn't have made pleasantries or say "hello" to each other. It's not uncommon.
MR. YANNETTI: And you don't recall whether or not you got close enough to him to smell his breath or to smell what he smelled like, correct?
MR. GOODE: No.
MR. YANNETTI: At any point, did he tell you why he was there?
MR. GOODE: No.
MR. YANNETTI: How long did he remain at the station for?
MR. GOODE: No idea. I only saw him come in. I never saw him leave or anything like that.
MR. YANNETTI: Did you ever see him do any paperwork at the station?
MR. GOODE: That night?
MR. YANNETTI: Yes.
MR. GOODE: No.
MR. YANNETTI: Did you ever see him do any administrative work at the station?
MR. GOODE: I can't leave the dispatch room. His office is on the second floor.
MR. YANNETTI: All right. So let's skip ahead a few hours later. You're still working dispatch when a call came in that a man was found unresponsive on Brian Albert's front lawn, correct?
MR. GOODE: Yes.
MR. YANNETTI: This is just after 6:00 a.m.?
MR. GOODE: Yes.
MR. YANNETTI: You, yourself, took that call?
MR. GOODE: I did.
MR. YANNETTI: And, with regard to who is responsible for entering the information that came in ona call to dispatch, who is that?
MR. GOODE: The person that's working the desk.
MR. YANNETTI: All right. So at 6:00 a.m., you were responsible for taking down the information and entering it into your system, correct?
MR. GOODE: It's being recorded to the 911 dispatch. Correct. But I didn't enter it into our IMC program, which is our daily log.
MR. YANNETTI: Okay. Who enters that into your daily log?
MR. GOODE: That would be the person that's working the desk.
MR. YANNETTI: Okay. And you had previously testified that location is important, correct?
MR. GOODE: Correct.
MR. YANNETTI: You would discuss the fact that if a call comes in on a cell phone as opposed to a land line, you want to know where that cell phone is, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you have ways of pinging the cell phone such that you can actually see the location on a map, correct?
MR. GOODE: Sure. Yes.
MR. YANNETTI: And you would agree with me that ultimately when the location was entered into your system, the location was entered as 32 Fairview, correct?
MR. GOODE: No. It was 34. At least we know it as 34.
MR. YANNETTI: Thirty-four was the actual address. But 32 is what made it into the police report, sir, did it not?
MR. GOODE: No. My police report says 34 Fairview.
MR. YANNETTI: Okay. Now, when that call came in after 6:00 a.m., you decided that you would personally go out, correct?
MR. GOODE: Yes.
MR. YANNETTI: Okay. I actually have the front page of your police report.
MR. YANNETTI: May I approach, Your Honor?
JUDGE CANNONE: Yes. Show Mr. Lally.
MR. YANNETTI: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I'd ask you to read that silently to yourself, take a good look at it, and look up at me when you're done.
MR. GOODE: Okay.
MR. YANNETTI: You've had enough time to review it?
MR. GOODE: Yes.
MR. YANNETTI: Getting back to the location which you said was important, what is the location listed in your very police report?
MR. GOODE: On the face sheet, it says 32. But in my narrative it is 34.
MR. YANNETTI: Okay. The face sheet is important, is it not?
MR. GOODE: Yes.
MR. YANNETTI: People see the face sheet before they get to the narrative, correct?
MR. GOODE: Sure.
MR. YANNETTI: Is accuracy important?
MR. GOODE: Yes.
MR. YANNETTI: And the very first thing that's entered with regard to the location is inaccurate, right?
MR. GOODE: Say it again?
MR. YANNETTI: The very first entry with regard to the location on your police report on the face sheet is inaccurate. Would you agree with that?
MR. GOODE: I guess so, yes.
MR. YANNETTI: And, with regard to the name down the bottom of that report, I left the report in front of you just so you could look at it again, would you read that silently to yourself and look up at me?
MR. GOODE: Okay.
MR. YANNETTI: Does that refresh your memory as to what name is listed?
MR. GOODE: Yes.
MR. YANNETTI: What name is that?
MR. GOODE: John O'Keefe.
MR. YANNETTI: If I could have that back for a minute? Okay. Now, you decided that you wanted to go to the call or you decided it would be a good thing for you to go to the call personally, correct?
MR. GOODE: Yes.
MR. YANNETTI: So you called Officer Kelly Dever into dispatch?
MR. GOODE: I did.
MR. YANNETTI: And you did that because you wanted her to cover the desk for you so that you could personally respond to the call, correct?
MR. GOODE: Correct.
MR. YANNETTI: Responding to the call wasn't your duty assignment, but you made it your duty assignment, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, if you were going to leave, somebody had to cover?
MR. GOODE: Correct.
MR. YANNETTI: After that, you personally called two of your other colleagues who were not on duty that night to respond with you to Brian Albert's house, correct?
MR. GOODE: Yes, I did.
MR. YANNETTI: And you previously testified, I believe, that sergeant Michael Lank was one of those officers and he arrived at 6:25 a.m., correct?
MR. GOODE: Correct.
MR. YANNETTI: And then Lieutenant Paul Gallagher was the other officer, and he arrived closer to 7:00 a.m., correct?
MR. GOODE: Yes.
MR. YANNETTI: When you responded to 34 Fairview on January 29th, did you know that residence?
MR. GOODE: Yes.
MR. YANNETTI: And what did you know that residence to be?
MR. GOODE: I knew that to be Brian Albert's house.
MR. YANNETTI: You and Sergeant Lank had both been to that residence before, correct?
MR. GOODE: No.
MR. YANNETTI: Together?
MR. GOODE: Actually, we have. We were there for a police report years ago.
MR. YANNETTI: Okay. And so when you decided to respond to the scene on January 29th, that residence at 34 Fairview, you knew exactly where you were going, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, when you got there, you knew you were outside the home of Boston Police Officer Brian Albert, correct?
MR. GOODE: Yes.
MR. YANNETTI: And this was a memorable event. Would you agree with me?
MR. GOODE: Yes.
MR. YANNETTI: Before January 29th of 2022, you had never responded to a call where the body of one police officer was found on the front lawn of another police officer's house, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, at some point after you arrived, you saw both Sergeant Lank and Detective Gallagher arrive, correct?
MR. GOODE: Yes.
MR. YANNETTI: It was Sergeant Lank who first entered the home and made initial contact with Brian Albert and his family?
MR. GOODE: No. Iwas right next to him.
MR. YANNETTI: So is it your testimony that the first time the police went in the house, you were there with Sergeant Lank?
MR. GOODE: Yes.
MR. YANNETTI: And, when you went in -- could I have Exhibit 8 on the screen, please? Okay. Terrific. You're able to see Exhibit 8, Sergeant?
MR. GOODE: Yes.
MR. YANNETTI: Is that a fair depiction of what the house looked like when you entered it?
MR. GOODE: Yes.
MR. YANNETTI: Do you see the front door?
MR. GOODE: Yes.
MR. YANNETTI: Is that the door that you entered?
MR. GOODE: Yes.
MR. YANNETTI: And you had testified that you, you know, looked around the immediate area where you were while Sergeant Lank was asking questions. You noticed that when you entered that front door, you come into a foyer area and directly in front of you on the left, you could almost reach out and touch -- there is a door that goes down to the cellar; is there not?
MR. GOODE: I don't know. I don't remember a door there. I remember the stairs going up to the second floor.
MR. YANNETTI: I see. So you don't remember that as you step into the house, you can go down a cellar door right away?
MR. LALLY: Objection.
MR. GOODE: No. I don't know where the cellar is.
JUDGE CANNONE: The objection is sustained.
BY MR. YANNETTI:
MR. YANNETTI: All right. You don't know where the cellar is and that's in part because you did not go down to the cellar, correct?
MR. GOODE: Correct.
MR. YANNETTI: You never examined it?
MR. GOODE: No.
MR. YANNETTI: You never saw what condition it was in?
MR. GOODE: No.
MR. YANNETTI: You never saw whether there was any signs of struggle down there?
MR. GOODE: No.
MR. YANNETTI: You never saw if anything was tipped over?
MR. GOODE: No.
MR. YANNETTI: You never saw whether there was any blood or other trace evidence down there?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: The objection is sustained. You made your point. Would you turn the lights back on, please? Do you need this Mr. Yannetti?
MR. YANNETTI: I do not. Thank you.
BY MR. YANNETTI:
MR. YANNETTI: Okay. Now, going back to when you first arrived, Sergeant, you were alone in your cruiser, correct?
MR. GOODE: Yes.
MR. YANNETTI: You weren't driving with a partner that morning?
MR. GOODE: No.
MR. YANNETTI: You were the second officer on scene?
MR. GOODE: No. Third.
MR. YANNETTI: Who got there before you did?
MR. GOODE: Officer Saraf and Officer Mullaney.
MR. YANNETTI: Okay. So Mullaney actually beat you there?
MR. GOODE: Yes.
MR. YANNETTI: But only within a matter of minutes, correct?
MR. GOODE: Sure.
MR. YANNETTI: You arrived in your marked cruiser, correct?
MR. GOODE: Yes.
MR. YANNETTI: You had your overhead emergency lights on, correct?
MR. GOODE: Correct.
MR. YANNETTI: You pulled up right in the front of the house, facing in the wrong direction in terms of the lane that you were in?
MR. GOODE: Correct.
MR. YANNETTI: You were parked on Fairview, adjacent to the Albert residence, and you were facing towards Cedarcrest, correct?
MR. GOODE: Correct.
MR. YANNETTI: When you parked, you left your motor running, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, when you got out of your cruiser, one prominent sound that you heard was Karen Read screaming at the top of her lungs, correct?
MR. GOODE: Yes.
MR. YANNETTI: She appeared to be in distress?
MR. GOODE: Correct.
MR. YANNETTI: She appeared to be crying?
MR. GOODE: I did not see her crying.
MR. YANNETTI: She was hysterical?
MR. GOODE: Yes.
MR. YANNETTI: She was very loud?
MR. GOODE: Yes.
MR. YANNETTI: And you could hear her yelling throughout that morning, could you not?
MR. GOODE: Correct.
MR. YANNETTI: After you got there, other emergency vehicles showed up?
MR. GOODE: No.
MR. YANNETTI: Did you see any other cruisers show up?
MR. GOODE: If you want to call an unmarked detective pickup a cruiser, sure.
MR. YANNETTI: So there was one additional vehicle that showed up?
MR. GOODE: Sergeant Lank arrived in that and then Lieutenant Paul Gallagher arrived in his unmarked cruiser.
MR. YANNETTI: Okay. So two additional vehicles. And also Officer Saraf's vehicle was there?
MR. GOODE: And Mullaney's.
MR. YANNETTI: And Mullaney's. So we're now up to four police vehicles on scene?
MR. GOODE: Yes.
MR. YANNETTI: They all had their lights on?
MR. GOODE: No. Detective Sergeant Lank's does not have any lights in it and neither did Paul Gallagher's, I believe.
MR. YANNETTI: I see. So you and Saraf and Mullaney had your lights on?
MR. GOODE: Correct.
MR. YANNETTI: And I actually miscounted. That would be five police vehicles, correct?
MR. GOODE: Sure.
MR. YANNETTI: All right. Three with their lights on. What about ambulances?
MR. GOODE: There were two ambulances that showed up, one for the first transport of Officer O'Keefe and then second for Ms. Read. But they were never there at the same time.
MR. YANNETTI: All right. When you first got there, was the first ambulance there?
MR. GOODE: It was.
MR. YANNETTI: And that ambulance also had its lights on?
MR. GOODE: Yes.
MR. YANNETTI: How many fire trucks were there when you were there?
MR. GOODE: Just one.
MR. YANNETTI: And that also had its lights on, as well?
MR. GOODE: Yes.
MR. YANNETTI: And engine running?
MR. GOODE: Yes.
MR. YANNETTI: And everyone was essentially parked around and in front of 34 Fairview, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, all the while, the first responders are talking over the noise of the storm, correct?
MR. GOODE: Yes.
MR. YANNETTI: And they are also talking over the screaming by Karen Read, correct?
MR. GOODE: Sure.
MR. YANNETTI: At one point, Kerry Roberts even yelled at Karen, and I apologize for the language, but she yelled at her to shut the fuck up, correct?
MR. GOODE: I have no idea. I don't recall that.
MR. YANNETTI: The scene was very chaotic, would you agree?
MR. GOODE: Yes.
MR. YANNETTI: All right. Could I have Exhibit 16 on the screen, please?
MR. YANNETTI: Okay. Now, this has previously been admitted as sort of a side-to-side comparison between your cruiser dash cam and Officer Saraf's dash cam.
MR. GOODE: Okay.
MR. YANNETTI: And they've been synchronized.
MR. GOODE: Okay.
MR. YANNETTI: If we could start at nine minutes in, please.
JUDGE CANNONE: So, Mr. Yannetti, this is not yet in evidence?
MR. YANNETTI: IT had it as Exhibit 16. Am I incorrect?
JUDGE CANNONE: Right. Right. So it is not in yet.
MR. YANNETTI: I see.
(Whereupon, the video is played.)
BY MR. YANNETTI:
MR. YANNETTI: With regard to your dash cam, sir, do you recognize the bottom video here as depicting your view as you were driving to the scene?
MR. GOODE: sure.
MR. YANNETTI: And that appears to be a fair and accurate representation of what was shown to you on direct examination with regard to your dash cam?
MR. GOODE: Yes.
MR. YANNETTI: Okay. You can pause it there.
(Whereupon, the video is paused.)
MR. YANNETTI: Would you agree with me, Sergeant Goode, that you were arriving on the scene at approximately 6:16 a.m. on January 29th?
MR. GOODE: Yes.
MR. YANNETTI: And I'd ask you to review and compare your dash cam video with the top dash cam video for the next 30 seconds or a minute, please, and I'll ask you some questions after that.
MR. GOODE: Sure.
(Whereupon, the video is played.)
MR. YANNETTI: You can pause it.
(Whereupon, the video is paused.)
MR. YANNETTI: Sergeant Goode, does it appear as though the top dash cam shows the exact same thing as the bottom dash cam, just from a different vantage point?
MR. GOODE: Yes.
MR. YANNETTI: Can you play another 20 or 30 seconds?
(Whereupon, the video is played.)
MR. YANNETTI: You can pause it there.
(Whereupon, the video is paused.)
MR. YANNETTI: Were you able to see that when people are moving or when somebody's moving in the top version, they're also moving in the bottom version, just, again, from different vantage points?
MR. GOODE: Yes.
MR. YANNETTI: So do these both appear to be fair and accurate representations of the dash cams that were going on at that time?
MR. GOODE: Yes.
MR. YANNETTI: I would offer that, Your Honor.
JUDGE CANNONE: Okay. I'd like to see counsel at Sidebar for just one second.)
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Okay. If there is no objection to it, I'm going to let it in. I only have one question.
MR. YANNETTI: Uh-huh.
JUDGE CANNONE: So it's been altered in that it says (as read), "Officer Saraf dash cam and Officer Goode dash cam." Their own dash cams don't say that. They are just numbers.
MR. YANNETTI: True.
JUDGE CANNONE: And it's two of them spliced together or put together. Are there any other alterations to this?
MR. YANNETTI: No. It's just only the wording. That's it.
MR. JACKSON: The labeling and the synchronization. That's it
MR. YANNETTI: Yes. That's it.
JUDGE CANNONE: All right.
MR. JACKSON: Thank you.
JUDGE CANNONE: That will be admitted as Exhibit 16.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: So this will now become Exhibit 16.
(Whereupon, there was a discussion off the record.)
MR. YANNETTI: Okay. We can now take that off the screen.
BY MR. YANNETTI:
MR. YANNETTI: Now, Sergeant Goode, you've testified that you got there at about 6:16 a.m., relying on Exhibit 16, that I've placed before you, correct?
MR. GOODE: Okay. Yes.
MR. YANNETTI: You stayed on scene for over an hour and 40 minutes; would you agree with that?
MR. GOODE: Yes.
MR. YANNETTI: You left around 7:50 a.m. or so?
MR. GOODE: Correct.
MR. YANNETTI: And, during the beginning part of the one hour and 40 minutes that you were on scene, with all the vehicles that we've just seen at around 6:16 a.m. and for the first 10 or 15 minutes with all of those lights flashing, you never saw Brian Albert come out of his house, correct?
MR. GOODE: Correct.
MR. YANNETTI: And did you see first responders working on John O'Keefe when you were there?
MR. GOODE: No.
MR. YANNETTI: He had already been loaded into the ambulance at that time?
MR. GOODE: Correct.
MR. YANNETTI: So you didn't see him actually being scooped up and put on a stretcher, correct?
MR. GOODE: I don't recall, no.
MR. YANNETTI: And, with regard to the remainder of the time that you were on scene, up until all the way through 7:50 in the morning, did you ever see Brian Albert come out of his home?
MR. GOODE: No.
MR. YANNETTI: Did you ever see anyone come out of the Albert residence?
MR. GOODE: Other than Jen McCabe and Matt McCabe, no.
MR. YANNETTI: Were you aware when you entered the Albert residence that morning that John O'Keefe was found on his front lawn wearing only one shoe, black in color?
MR. GOODE: I was not aware of him missing a shoe, no.
MR. YANNETTI: While you were there, you were listening to the questions that Sergeant Lank was asking Brian Albert?
MR. GOODE: Yes.
MR. YANNETTI: Did you ever hear Sergeant Lank ask Brian Albert that morning if he knew where the other shoe was that was black in color?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: While you were there, did you ever hear Sergeant Lank ask Brian Albert when he learned that John O'Keefe was lying on his front lawn?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: You knew that Brian Albert was a Boston police officer is a first responder?
MR. GOODE: Yes.
MR. YANNETTI: All police officers are first responders, correct?
MR. GOODE: Yes.
MR. YANNETTI: You know from your training that all police officers have to receive CPR and other necessary training to be first responders, correct?
MR. GOODE: Yes.
MR. YANNETTI: At any point in time, did you ask Brian Albert why he didn't come out of his house?
MR. GOODE: No.
MR. YANNETTI: Did Sergeant Lank, in your presence, ask him why he didn't come out of his house?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: After clearing the scene at 7:50 in the morning, did you go back to the station?
MR. GOODE: I did.
MR. YANNETTI: Do you know whether or not Kevin Albert was working that day?
MR. GOODE: I don't.
MR. YANNETTI: Did you see Kevin Albert that day?
MR. GOODE: I don't recall seeing him.
MR. YANNETTI: Did you speak with Kevin Albert that day?
MR. GOODE: No.
MR. YANNETTI: Now, since that day, it's been almost two and a half years. You've continued working on the same police force as Kevin Albert, correct?
MR. GOODE: Yes.
MR. YANNETTI: At some point in time, you and Kevin Albert discuss the fact that you were one of the first responding officers to his brother's home for this tragic incident, correct?
MR. GOODE: Yes.
MR. YANNETTI: It's a very unique situation, correct?
MR. GOODE: Yes.
MR. YANNETTI: Many officers on your department were interested to know what you saw and heard that day, correct?
MR. GOODE: sure.
MR. YANNETTI: At what point in time after January 29th did Kevin Albert broach the topic with you as to what had happened on January 29th?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that?
MR. GOODE: Sure. I don't recall ever immediately talking to Kevin Albert about the incident, no.
BY MR. YANNETTI:
MR. YANNETTI: Right. Well, you had said that you don't recall talking to him that day. But certainly within a couple of weeks, the two of you caught up, correct?
MR. GOODE: I can't remember, no.
MR. YANNETTI: I'm sorry?
MR. GOODE: I can't recall that, no.
MR. YANNETTI: Within a couple of months you talked about it?
MR. GOODE: Sure.
MR. YANNETTI: And, when you say "Sure," sir, I take that as you're saying, well, if you really want to go there, I'll give you the "Sure" answer. You have to answer yes or no.
MR. GOODE: Okay. Yes.
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: So you answer yes or no if you can. And, if you can't, you can't.
MR. GOODE: Okay.
JUDGE CANNONE: So ask the question again or just move on, please.
MR. YANNETTI: Okay.
BY MR. YANNETTI:
MR. YANNETTI: Do you recall where you were when you and Kevin Albert discussed what had happened on January 29th?
MR. GOODE: No.
MR. YANNETTI: Do you recall who else was present?
MR. GOODE: No.
MR. YANNETTI: Do you recall whether it was in person or over the phone?
MR. GOODE: I don't recall, no.
MR. YANNETTI: But you certainly told him what you observed and heard that day, correct?
MR. GOODE: Yes.
MR. YANNETTI: Now, when you arrived, you were on scene not only to assist with, you know, first aid and secure the scene. But, as a first responder, your job is to assess the situation and also make an initial determination about gathering evidence. Would you agree with that?
MR. GOODE: Yes.
MR. YANNETTI: So you'd be on the lookout for any physical evidence, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you'd certainly be on high alert for an individual who made any statement about what may have occurred, correct?
MR. GOODE: Correct.
MR. YANNETTI: That's important not only for treatment purposes of somebody who apparently is hurt but also for investigative purposes, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, again, you were the third officer on the scene by minutes in terms of the other two officers arriving before you, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, while you were on scene for over an hour and 40 minutes -- and, by the way, when I say "on scene," it's clear to you that I'm asking you about 34 Fairview, correct?
MR. GOODE: Yes.
MR. YANNETTI: There was no scene at the Canton Police Department, correct?
MR. GOODE: No. I'm talking about 34 Fairview.
MR. YANNETTI: Of course. A scene is where something happened, correct?
MR. GOODE: Yes.
MR. YANNETTI: All right. While you were on scene at 34 Fairview for an hour and 40 minutes, did you ever once hear Karen Read say, I hit him, I hit him, I hit him, I hit him?
MR. GOODE: I did not.
MR. YANNETTI: And you wrote a report regarding this, correct?
MR. GOODE: I did.
MR. YANNETTI: You are trained over your 18 years that you include every important detail in that report, correct?
MR. GOODE: Correct.
MR. YANNETTI: Certainly a statement by Karen Read, screaming out, I hit him, I hit him, I hit him, I hit him, would have been an important detail that you would have included in your report, correct?
MR. GOODE: Yes.
MR. YANNETTI: You do not intentionally admit -- omit, I should say, any important details from your report, correct?
MR. GOODE: Correct.
MR. YANNETTI: You did not include that language, I hit him, IT hit him, I hit him, I hit him in your report, correct?
MR. GOODE: Correct.
MR. YANNETTI: And the reason you didn't include it is that you never heard those words come out of Karen Read's mouth, correct?
MR. GOODE: Correct.
MR. YANNETTI: Okay. Now, getting back to potential physical evidence, if you're at a potential crime scene, you want to find what you can, correct?
MR. GOODE: Correct.
MR. YANNETTI: You want to properly secure any physical evidence, right?
MR. GOODE: Correct.
MR. YANNETTI: In order to assist the investigation, you're prepared to conduct a thorough search for evidence that may shed light on what had happened, correct?
MR. GOODE: Correct.
MR. YANNETTI: And you did participate in a thorough search in this case, did you not?
MR. GOODE: The best we could in the elements that we had --
MR. YANNETTI: Sure. And you had previously --
MR. GOODE: Yes.
MR. YANNETTI: I'm sorry. I don't mean to cut you off if I did.
MR. GOODE: No.
MR. YANNETTI: You had previously testified, and I think I'm quoting you, the leaf blower worked great, correct?
MR. GOODE: Yes.
MR. YANNETTI: You would agree with me that with that leaf blower, your department was able to actually get down to the bare ground, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you were directed to the precise area where John O'Keefe had been laying, correct?
MR. GOODE: Yes.
MR. YANNETTI: And so you knew the area that needed to be searched, correct?
MR. GOODE: Yes.
MR. YANNETTI: You certainly want to properly search around that area, correct?
MR. GOODE: Correct.
MR. YANNETTI: And, after John O'Keefe was in the ambulance and then transported to the hospital, that was the very area that you were eyeballing, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you visually searched that area as best you could in the conditions, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you tried to be as careful as you could be?
MR. GOODE: Yes.
MR. YANNETTI: You did not want to miss anything?
MR. GOODE: Correct.
MR. YANNETTI: You took your job very seriously?
MR. GOODE: Yes.
MR. YANNETTI: Now, in addition to scouring the area with your eyes, did you use your hands to search in the snow?
MR. GOODE: I don't remember doing that. I was recording it.
MR. YANNETTI: I'm sorry?
MR. GOODE: I don't remember it that way. I was recording the scene.
MR. YANNETTI: I see. Did you see other officers using their hands to search the scene?
MR. GOODE: I don't recall that.
MR. YANNETTI: You do recall officers using their feet to clear some areas, correct?
MR. GOODE: Yes.
MR. YANNETTI: And you were the one that actually got your leaf blower, correct?
MR. GOODE: I did.
MR. YANNETTI: The first time you ever used that in an investigation, fair to say?
MR. GOODE: Yes.
MR. YANNETTI: And your search was thorough enough -- and, when I say "your search," I mean your department's search in addition to your observations. It was thorough enough that you actually did recover small droplets of blood, correct?
MR. GOODE: We did.
MR. YANNETTI: Who was it that collected those blood droplets?
MR. GOODE: That was Lieutenant Gallagher and Sergeant Lank.
MR. YANNETTI: In addition to the blood droplets, you were looking for anything else that might be out of place there?
MR. GOODE: Sure.
MR. YANNETTI: Small items?
MR. GOODE: Of course.
MR. YANNETTI: Large items?
MR. GOODE: Anything.
MR. YANNETTI: And, aS you were on scene, it was starting to get lighter as the morning progressed, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, again, you didn't clear the scene until almost 8:00 a.m.?
MR. GOODE: Correct.
MR. YANNETTI: And you searched and were keeping alert to what was around you for the time that you were on scene, correct?
MR. GOODE: Yes.
MR. YANNETTI: During that 100 -- I'm sorry -- that one hour, I should say, and 40 minutes, you did not find 45 pieces of red and black and clear taillight pieces at 34 Fairview, correct?
MR. GOODE: No.
MR. YANNETTI: How many pieces of taillight did you find on or around that property?
MR. GOODE: That morning, none.
MR. YANNETTI: Did you find a men's hat, black in color?
MR. GOODE: No.
MR. YANNETTI: Did you find a Size 12 men's shoe, black in color?
MR. GOODE: No.
MR. YANNETTI: Now, you would agree that it's important to preserve and secure a crime scene?
MR. GOODE: Yes.
MR. YANNETTI: And why is that?
MR. GOODE: You don't want the crime scene to be contaminated.
MR. YANNETTI: And you also do not want, and you'd like to prevent a crime scene also being manipulated. Would you agree with that?
MR. GOODE: Yes.
MR. YANNETTI: What steps were taken either by you or in your presence to close off and secure the crime scene at 34 Fairview?
MR. GOODE: We had crime scene tape up while we were there, and then we also had Officer Mullaney on the road.
MR. YANNETTI: And, when you say you had Officer Mullaney on the road, do you mean blocking off the road?
MR. GOODE: Yes. Correct.
MR. YANNETTI: Are you aware of something called a crime scene log?
MR. GOODE: No.
MR. YANNETTI: Do you recall being trained in the academy that when there is a crime scene that needs to be preserved, it is advisable to set up a log so that all personnel are required to sign in and sign out, again, to prevent contamination and to prevent manipulation. Do you not recall that training?
MR. GOODE: I don't recall that, no.
MR. YANNETTI: With regard to the fact that it was actively snowing at the time, did you consider putting a tent around the area to prevent and minimize the environmental intrusions like the snow?
MR. GOODE: It would have been useless.
MR. YANNETTI: Did you utilize any heaters to assist in melting the snow in that area?
MR. GOODE: No.
MR. YANNETTI: And before you cleared the scene or, I should say, when you cleared the scene, did you post an officer to guard the scene so that nobody could get in or out?
MR. GOODE: No.
MR. YANNETTI: How long was the road closed off for?
MR. GOODE: While we there, those two hours.
MR. YANNETTI: All right. And then after the two hours, there was nobody guarding the scene. Would you agree?
MR. GOODE: Yes. Correct.
MR. YANNETTI: The road was not closed off?
MR. GOODE: No.
MR. YANNETTI: That crime scene was open to the public?
MR. GOODE: Correct.
MR. YANNETTI: So with regard to, you know, a crime scene log, a tent, heaters, keeping an officer there to make sure nobody got in or out of that crime scene, you would agree none of those protocols were followed, correct?
MR. GOODE: I don't believe there is a protocol for a tent in our policy.
MR. YANNETTI: Okay. So I guess leave the tent out of it. None of those other protocols were followed, correct?
MR. GOODE: Correct.
MR. YANNETTI: And certainly a tent was not put up, either, correct?
MR. GOODE: Correct.
MR. YANNETTI: Now, with regard to your police report, going back to that, your report clearly listed persons involved in the case, correct?
MR. GOODE: Correct.
MR. YANNETTI: And that police report is generated by computer software, correct --
MR. GOODE: Yes.
MR. YANNETTI: -- that's particular to police reports?
MR. GOODE: Correct.
MR. YANNETTI: And that's one of the categories that you can fill in, correct?
MR. GOODE: Correct.
MR. YANNETTI: And would you agree with me that with regard to all of the persons involved listed in your police report, everybody's first name and last name was completely spelled out except for one. Would you agree with that?
MR. GOODE: I don't. I believe those names were entered by Detective Sergeant Lank.
MR. YANNETTI: Okay. But certainly the report has your name on it, correct?
MR. GOODE: Correct.
MR. YANNETTI: So you would review the report before submitting it in your name, correct?
MR. GOODE: Correct.
MR. YANNETTI: So regardless of who entered or didn't enter, my question remains, which is that with regard to the persons involved listed in that report, everybody's name, first and last, is spelled out except for one, correct?
MR. GOODE: Correct.
MR. YANNETTI: Whose name was not spelled out completely?
MR. GOODE: I don't know.
MR. YANNETTI: If I may approach?
JUDGE CANNONE: Okay.
MR. YANNETTI: Page 2, counsel.
BY MR. YANNETTI:
MR. YANNETTI: And I'd just ask you to look at it silently and then look up at me when you're done.
MR. GOODE: (Witness complies.)
MR. YANNETTI: Thank you, sir.
MR. GOODE: You're welcome.
MR. YANNETTI: Having reviewed that report, does that refresh your memory whose name was not completely spelled out?
MR. GOODE: Correct.
MR. YANNETTI: And who was that?
MR. GOODE: Brian Albert.
MR. YANNETTI: Did you omit Brian Albert's first name to mask the fact that he was involved?
MR. GOODE: No. No.
MR. YANNETTI: Do you know who Colin Albert is?
MR. GOODE: I know he is Chris Albert's son
MR. YANNETTI: And so, therefore, he'd be Brian Albert's nephew?
MR. GOODE: Yes.
MR. YANNETTI: Anywhere in your report do you mention that Colin Albert was present at 34 Fairview the night of January 28th, going into January 29th?
MR. GOODE: No.
MR. YANNETTI: Now, would you agree with me that this report also lists home addresses for everyone in the "persons involved" section except for one person?
MR. GOODE: Can I see the sheet again?
MR. YANNETTI: Of course.
MR. YANNETTI: If I may approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: This is the same sheet that I sent you last time.
MR. GOODE: Thank you.
MR. YANNETTI: And take your time looking, sir. Thank you. Sergeant, do you know what I'm talking about?
MR. GOODE: Yes.
MR. YANNETTI: What am I talking about?
MR. GOODE: Brian Higgins.
MR. YANNETTI: So with regard to Brian Higgins, his home address was not listed on there, correct?
MR. GOODE: Correct.
MR. YANNETTI: And what address was listed for Brian Higgins?
MR. GOODE: 1492 Washington Street.
MR. YANNETTI: And what is significant about that address?
MR. GOODE: It's the town of Canton.
MR. YANNETTI: It's the Town of Canton Police Department?
MR. GOODE: Correct.
MR. YANNETTI: Now, Brian Higgins was not an involved person because he was an investigator on the case, correct?
MR. GOODE: Correct.
MR. YANNETTI: He was not involved in this case in an official capacity, correct?
MR. GOODE: Correct.
MR. YANNETTI: But you were, right?
MR. GOODE: Yes.
MR. YANNETTI: So listing the Canton Police Department as Sergeant Sean Goode's address would be appropriate, would you agree?
MR. GOODE: Yes.
MR. YANNETTI: Why was Brian Higgins' address listed as the Canton Police Department?
MR. GOODE: I don't know.
MR. YANNETTI: But that is something that you kept in your report, correct?
MR. GOODE: Correct.
MR. YANNETTI: Now, I also want to ask you something else about your police report. And I want to focus on whether it was altered after it was first submitted. Okay?
JUDGE CANNONE: Hold on. Do you have your report with you?
MR. GOODE: I do not.
JUDGE CANNONE: Do you have a copy for him, Mr. Yannetti?
MR. YANNETTI: I do. May I, Your Honor?
JUDGE CANNONE: Yes.
MR. YANNETTI: I should have asked permission.
JUDGE CANNONE: No. That's okay.
BY MR. YANNETTI:
MR. YANNETTI: IT have placed a document before you. Feel free to familiarize yourself with it and please look up at me when you're done.
MR. GOODE: (Witness complies.)
MR. YANNETTI: Does that appear to be your police report, sir?
MR. GOODE: Yes. 0) Now, you'll --
MR. YANNETTI: With the Court's permission, I'd actually like the officer to have the report in front of him when I ask him these questions.
JUDGE CANNONE: Okay. But nothing is going up on the screen, right?
MR. YANNETTI: Not yet.
JUDGE CANNONE: Okay. So approach before it does. Okay?
MR. YANNETTI: I will. I promise.
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: So I'm directing your attention to the first page.
MR. GOODE: Okay.
MR. YANNETTI: You will agree with me that this report is submitted with regard to Incident No. 22-87-OF?
MR. GOODE: Correct.
MR. YANNETTI: And this is Call No. 22-449, correct?
MR. GOODE: Correct.
MR. YANNETTI: The date and time reported is listed as January 29th of 2022 at 06:08, correct?
MR. GOODE: Correct.
MR. YANNETTI: Which would be in military time, 6:08 a.m.?
MR. GOODE: Correct.
MR. YANNETTI: The report date and time is listed as January 29th of 2022?
MR. LALLY: Objection, Your Honor.