Commonwealth v. Read — Trial ArchiveSean Goode - Direct
428 linesJUDGE CANNONE: Who is your next witness, Mr. Lally?
MR. LALLY: The prosecution would call Sergeant Sean Goode to the stand.
JUDGE CANNONE: Okay. And while the Sergeant's coming in — to counsel about scheduling. It's whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good afternoon, sir.
MR. GOODE: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name?
MR. GOODE: It's Sean Goode, G-O-O-D-E.
MR. LALLY: And how are you employed, sir?
MR. GOODE: At the Canton Police Department.
MR. LALLY: And how long have you been a member of the Canton police?
MR. GOODE: 17 years.
MR. LALLY: And what rank or assignment do you currently have with Canton?
MR. GOODE: Midnight sergeant and two days patrol, traffic.
MR. LALLY: Now how long have you held the rank of sergeant with Canton?
MR. GOODE: Come up on three years now.
MR. LALLY: With reference to your rank and assignment as a sergeant with sort of the overnight shift — when does that shift run?
MR. GOODE: So it's midnight to 8. The oncoming sergeant usually comes in around 11 o'clock at night.
MR. LALLY: And in general terms, if you could describe to the jury what sort of are your duties and responsibilities as a sergeant on the overnight?
MR. GOODE: So I'm in charge of the patrolmen that are on, that work under me. There's four of us on the midnight plus myself — so five total, four on the road, one inside.
MR. LALLY: So turning your attention to the evening of January 28th, 2022, into the morning of January 29th, 2022 — you working on that occasion?
MR. GOODE: Yes.
MR. LALLY: In a similar capacity as you've just described?
MR. GOODE: Yes.
MR. LALLY: And so the time, as far as when you arrive at the Canton police station, would be similar to what you just described?
MR. GOODE: Yes.
MR. LALLY: Now, when you arrived — if you recall, who was sort of working with you or under you on that particular shift?
MR. GOODE: So that evening's midnight shift, it was myself, Officer Pascarelli, Officer Mullaney, Officer Saraf, and Officer Deor.
MR. LALLY: And in addition to — let me ask it this way. So when you're performing those duties in the Canton police station, where are you sort of physically situated within the Canton Police Department?
MR. GOODE: We're inside the dispatch room. That's where you handle all the calls — 911 calls, business lines, stuff like that. So anybody walks in the lobby, you're right there.
MR. LALLY: And so would that also be sort of part of your duties and responsibilities in regard to being the supervising sergeant for the shift that evening?
MR. GOODE: Yes, I was inside.
MR. LALLY: Now, with reference to 911 calls and dispatch, what if any training have you received in regard to those?
MR. GOODE: Everybody in the Canton Police Department — we do not have civilian dispatchers, unlike larger departments. So every officer that works patrol has to be certified on the PSAP station, which is the 911 dispatch console. And then once you're certified, you're able to answer all 911 calls.
MR. LALLY: And what generally speaking does that certification process entail?
MR. GOODE: It's learning the software, learning how to know the difference between a cell phone and a landline. Being able to look up — when a 911 call comes in on a cell phone, we have three different monitors, and you'll see that one of the monitors will be a map and it'll all of a sudden ping and you'll see that cell phone. And a lot of the time, because of the location of the Town of Canton, we do get State Police 911 calls that are on the highway. So you have to be able to differentiate which call it is — is it actually us, or is it State Police, is it Randolph, stuff like that. So you have to be able to read a map, it's not very hard, but it's that. Now, beyond that — people are calling into 911, they're typically calling in regard to an emergency, correct? Yes.
MR. LALLY: What if any training did you receive in that certification process in regard to sort of demeanor, or how to handle people — obviously if someone's calling in an emergency, they're probably going to be nervous?
MR. GOODE: You want to just try to stay as calm as possible, try to relate to them, not make them any more upset than they already are, and try to get the first thing out of them is location — where are they.
MR. LALLY: Now with respect to calls coming in to 911, what if any difference, as far as directing the call, is there between something that's sort of a medical call versus a law enforcement — police, medical?
MR. GOODE: So any call that comes in through 911, we determine if it's police, fire, or medical. If it's police, obviously we would handle it. But if it's fire or medical, we send it to Holbrook, which is the regional dispatch for Canton fire. So it's literally just click the button — it says "fire" right on the screen — that call automatically gets connected to a regional dispatcher in Holbrook, who then determines what they need, whether it be ambulance, fire, stuff like that.
MR. LALLY: Now, with reference to this particular shift on this particular day, January 28th and the 29th — at some point during your shift, what if anything did you observe about sort of the weather outside?
MR. GOODE: When we came in, it was just very light flurries. There was nothing sticking to the ground or anything like that. We were all pretty prepared — we knew that there was a storm coming at some point during the night.
MR. LALLY: And through your work with the Canton Police Department, are you familiar with an individual by the name of Brian Higgins?
MR. GOODE: Yes.
MR. LALLY: And what if anything does he do for work?
MR. GOODE: He works for the Alcohol, Tobacco and Firearms — it's a federal agency.
MR. LALLY: And what if any relationship does he have with your department, the Canton police?
MR. GOODE: He has a satellite office in our department. He has his own scan card — he doesn't have to check in with myself or anybody. But he works out of our station.
MR. LALLY: And is he the only federal agent with the ATF that has space or anything at your police station?
MR. GOODE: No, I believe there's actually — could be U.S. Customs — two of them, other agents that work at the station as well.
MR. LALLY: Do they have sort of similar relationships as far as access?
MR. GOODE: Yes — they have access to the police department. Agent Higgins has worked on certain calls, helped us out — whether it be a firearm case, stuff like that.
MR. LALLY: Now, on that evening of the 28th, and specifically the early morning of January 29th, what if anything do you recall as far as seeing Brian Higgins around the Canton police station?
MR. GOODE: I remember at one point during the evening he came in. I don't remember if he came into the dispatch or if I just saw him on one of the numerous monitors we have in dispatch. I can't leave that room because I'm the only one in the building on midnight. But we never talked or anything like that — didn't think anything of it, it's not uncommon.
MR. LALLY: And do you recall around what time that occurred?
MR. GOODE: I believe it was probably 1:30. Again, I wasn't looking at a clock to see.
MR. LALLY: Now, with respect to the parking lot area of the Canton police station — when it comes to any sort of substantial amount of snow, what if anything do you do with regard to the vehicles in the parking lot in reference to that kind of weather?
MR. GOODE: We try to move all the cars that we're not using. So that would be on a midnight shift — any of our unmarked detective cars, any of the patrol vehicles that aren't being used. We try to help out the DPW, which is the Department of Public Works, as best as possible when they try to plow our station. Because if not, all it ends up being is just one trail through the parking lot, and it's kind of a nightmare. So with the help of the other patrolmen, if we can get all the keys — sometimes they're not easily located — we try to move the cars to the outer edge of the parking lot so that DPW can make a good pass, and then we'll move them back over.
MR. LALLY: With regard to the vehicles in the parking lot — beyond sort of the personal vehicles and the marked units belonging to Canton police — with regards to some of those other agents like Mr. Higgins that you've talked about, what if any vehicles would they have within that parking area?
MR. GOODE: He had federal — cars there that he used on cases. And I believe he had two — they'd be, I guess, his cruisers — they were Dodge pickups.
MR. LALLY: And with regard to those vehicles, in regard to snow removal, what if anything was typically done with regard to that?
MR. GOODE: They were parked to the outer edge, so we don't have access to them — at least I didn't have access to them.
MR. LALLY: Now, working that sort of 911 dispatch area desk, at some point just before 5:00 a.m., what if any calls came in around that time?
MR. GOODE: I received a phone call from a woman — generally asking if we had locked up or transported a male party that evening. It's not uncommon — people call and say, "Hey, did you lock up so-and-so?" or "Did you stop anybody?" She said some version of: he was out with friends, he didn't come home tonight, and his girlfriend's worried about him.
MR. LALLY: At the time that you received that call, did you know who that person was on the other end?
MR. GOODE: No.
MR. LALLY: And fair to say, at some point later, you had responded to Fairview Road — is that correct?
MR. GOODE: Yes.
MR. LALLY: And the person who called just before 5:00 a.m. — did you have occasion to speak with them when you were on scene?
MR. GOODE: I did.
MR. LALLY: Who did you identify that first call to come in from?
MR. GOODE: First call was Miss Roberts — that'd be Kerry Roberts.
MR. LALLY: Is that correct? May I approach? So, I'm showing you this — recognize that?
MR. GOODE: Yes.
MR. LALLY: What do you recognize that to be?
MR. GOODE: That would be the 911 call from our station, and that would be specifically from Miss Roberts.
MR. LALLY: Is that correct?
MR. GOODE: Yes.
MR. JACKSON: No objection.
MR. LALLY: [Exhibit] 35, Your Honor. With the court's permission, I would ask to publish that call to the jury.
JUDGE CANNONE: Okay, hold on one second please. What number?
MR. LALLY: 35.
JUDGE CANNONE: Okay. Okay. All right, thank you. I thought that's what you said. All right, go ahead. kerry roberts 911 call audio ...boyfriend didn't come home... and now she is worried because she doesn't know... didn't... ...no, I don't know... ...she said his girlfriend — they were out having drinks and then she wanted him to come home and he never did... ...call... ...that's kind of why she went to the hospital... ...I wasn't there... did you hear anything? ...anything... right. Thank you. No problem. Good luck. Bye now.
MR. LALLY: Sergeant Goode, what was played there — is that a fair and accurate copy of the 911 call that you had with Kerry Roberts around 5 a.m.?
MR. GOODE: Yes.
MR. LALLY: Now, turning your attention to about an hour later, approximately 6:00 a.m. on the 29th — what if any other phone calls did you receive — bless you — in regard to the same subject matter?
MR. GOODE: At 6:04 a.m. on the 911 dispatch console, I received a call from a woman at 34 Fairview.
MR. LALLY: Now, in those intervening hours — so, as we were stating on the 911 call, no one physically came into the Canton police station and reported anything in regard to this, correct?
MR. GOODE: No.
MR. LALLY: And again, the party that you spoke to on the phone at approximately 6:04 a.m. — did you know that person at that time?
MR. GOODE: No.
MR. LALLY: And again, you responded later on, or shortly thereafter, to Fairview and spoke with a number of different people, correct?
MR. GOODE: Correct.
MR. LALLY: From those conversations on scene, you now know who placed that 911 call at approximately 6:04?
MR. GOODE: Yes.
MR. LALLY: And who is that person?
MR. GOODE: That'd be Miss McCabe — that would be Jennifer McCabe.
MR. LALLY: Is that correct?
MR. GOODE: Yes.
MR. LALLY: Now, with regard to — you talked about the weather when you first arrived to your shift — around 6:00 a.m., what if anything had changed between the weather when you arrived and around 6:00 a.m.?
MR. GOODE: It was — it was snowing heavily.
MR. LALLY: May I approach again?
JUDGE CANNONE: Yes.
MR. LALLY: Do you recognize that?
MR. GOODE: Yes.
MR. LALLY: What is that?
MR. GOODE: That'd be the 911 call from Mrs. McCabe.
MR. LALLY: I'd ask to admit the next exhibit.
MR. JACKSON: No objection. Okay. Your Honor, with the court's permission, I would ask to publish Exhibit 36 to the jury as well.
JUDGE CANNONE: Okay. jennifer mccabe 911 call audio ...[unintelligible]... I don't... [unintelligible]... ...what's [unintelligible]... ...yes... ...okay, 46 years old. 46. How long has he been outside? I don't know. I — I don't know. He got out of the car... Okay, can you just — they're asking — okay, they know how to do CPR... they want — okay, I think he passed out. I'll hang with you... ...I know what I'm talking about... okay, is there any bleeding? Anything — [unintelligible]. court: Could you just back that up about 10 or 15 seconds? jennifer mccabe 911 call resumes ...the siren... pain in the face... okay, bleeding from the face. All right. Yeah. How bad? Is there any... [911 CALL AUDIO - EXHIBIT 36] CPR — back — resp—
MR. GOODE: [911 call audio] What's wrong? Yes. 46 years old. I don't know, um, I don't know. He got out of the car. I think he passed out.
MR. LALLY: And so, upon receiving that 911 call just after approximately 6:04 a.m., what, if anything, did you do with regard to dispatch?
MR. GOODE: So, once I was connected to Holbrook, you could hear me — I ended up dispatching my own officers, my downtown cruisers, to 34 Fairview, and then I had one other cruiser come back to the station so I could get down there.
MR. LALLY: And so you yourself responded down there, is that correct?
MR. GOODE: Yes.
MR. LALLY: And about how much time elapsed from the time that you sort of transferred to Holbrook from the medical situation, to the time that you traveled to Fairview Road?
MR. GOODE: I would guess it had to be less than five minutes.
MR. LALLY: And in addition to the patrol cars and yourself, who, if anyone else, did you notify in relation to that call?
MR. GOODE: So, I phoned Lieutenant Gallagher and Detective Sergeant Lank.
MR. LALLY: Why then?
MR. GOODE: Just policy, the seriousness of the call. Lieutenant Gallagher was the off-going lieutenant the night prior — the shift prior — so that's what you usually do. And Detective Sergeant Lank is in charge of the detectives.
MR. LALLY: Now, when you left Canton police station to respond to Fairview, who, if anyone, handled your role as far as manning the dispatch area and the 911?
MR. GOODE: That'd be Officer Dever.
MR. LALLY: I may approach?
JUDGE CANNONE: Yes.
MR. LALLY: Very sorry. And for — ma'am, court reporter, if you haven't already — I'm sorry, could you please spell Officer Dever's last name?
MR. GOODE: Yes. It's going to be D-E-V-E-R.
MR. LALLY: Thank you. I'll show you what's been previously marked as Exhibit 14. Okay. Do you recognize that, sir?
MR. GOODE: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MR. GOODE: That would be our Roll Call Log — press log.
MR. LALLY: And as far as that particular log is concerned, is there any indication on there who created that log?
MR. GOODE: Yes. That'd be Officer Dever.
MR. LALLY: And these are logs that you typically create when you're working in that particular position, as far as the dispatch desk, correct?
MR. GOODE: Yes. It's pretty much a running journal for our department.
MR. LALLY: And sort of how is that information gleaned, and how is that transmitted into that log?
MR. GOODE: It's as accurate as the officer that actually enters the information. So if it was busy in there — she's by herself — you're taking information down, you're writing it, then you have to physically enter it into a computer, so there would be a delay in time.
MR. LALLY: Thank you, sir. May I approach?
JUDGE CANNONE: Just to retrieve. Sure.
MR. LALLY: Now, Sergeant Goode, with respect to your response from the police station to 34 Fairview Road, what was sort of the path of travel that you took?
MR. GOODE: So I left the police station at 1492 Washington Street, taking a right onto Washington heading south.
MR. LALLY: And then where did you go from there?
MR. GOODE: And then I took a right onto Chapman Street, and then it would be your third right on Fairview.
MR. LALLY: And coming down, what, if anything, did you note as far as the elevation of the roadway as you come from the Chapman side down to where 34 is?
MR. GOODE: Coming from Chapman, you're heading downhill towards the end of Fairview that meets Cedarcrest.
MR. LALLY: And so where is 34 in relation to Cedarcrest?
MR. GOODE: It's the second house on the left before you reach the intersection of Cedarcrest at Fairview.
MR. LALLY: And as you're approaching, or as you're en route between the police department and 34 Fairview Road, what, if anything, did you observe as far as road conditions, visibility, things like that?
MR. GOODE: It was terrible — heavy snow, wind, visibility was awful.
MR. LALLY: And when you arrived on scene, what was the first thing that you observed upon your arrival?
MR. GOODE: As I was coming down the hill, visibility was pretty bad. Obviously I noticed the Canton fire engine and ambulance was already on scene. Both my two officers' cruisers were also on scene.
MR. LALLY: Now, as far as the particular cruiser that you were in on that day, is there a particular cruiser that is reserved for the sergeant or lieutenant who's in charge?
MR. GOODE: Yes. So 682 is the primary patrol supervisor vehicle, and that would shift from shift to shift as far as whoever that particular sergeant is — they would take the same one. 682 — it's labeled on the side of the doors, "Patrol Supervisor."
MR. LALLY: And so is that the cruiser that you took to go from the police station to Fairview that morning?
MR. GOODE: Yes, I did.
MR. LALLY: And with regard to that cruiser and sort of other cruisers within the Canton police, what, if any, recording system is available on those?
MR. GOODE: All marked units have — it's called a WatchGuard camera system. It has a front video camera, and then it also has — in the prisoner/passenger back seat — a camera there as well. They should be working, audio in the back seat. And they're activated by — if you flip the lights on, the blue lights, it'll automatically click. You don't have to press record; the cruiser automatically starts recording. If you got a car accident, the camera would start recording. Any kind of impact, the camera starts recording. It actually ends up being passively recording, even when it's not on.
MR. LALLY: You talked a little bit about the audio as far as the back of the cruiser. But as far as the camera in the front of the cruiser, where is the audio recording in regard to that, if at all?
MR. GOODE: It would be on the mic. There's a mic — it sits in a charger. It looks like almost a beeper. Should be there.
MR. LALLY: And so that's located inside the cruiser?
MR. GOODE: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes, sir.
MR. LALLY: I'm showing you an exhibit. Do you recognize that?
MR. GOODE: Yes.
MR. LALLY: What do you recognize that to be?
MR. GOODE: That is the flash drive for Cruiser 682.
MR. LALLY: Seeking to introduce next exhibit, Exhibit 40.
JUDGE CANNONE: All right, why don't we break now for lunch, Mr. Lally.
MR. LALLY: Thank you.
JUDGE CANNONE: Leave them on your chairs. Follow me.
JUDGE CANNONE: All right, so, Mr. Lally, you'll have Lieutenant Rae here in case we can get to him.
MR. LALLY: Yes, your Honor. And just with reference — I do have a number of other witnesses who I had anticipated having this afternoon. Am I free to release anybody who's not Lieutenant Rae or Sergeant Lank?
JUDGE CANNONE: So I think we'll have those two. We'll finish. You can step down. So we'll finish with Sergeant Goode, and then you've got Lieutenant Rae.
MR. LALLY: Yes.
JUDGE CANNONE: And that'll probably get us — I think that'll get us sufficiently through the day. I just — I don't — obviously, I don't want to release anybody unless the court — I really don't think we're going to get to anyone else.
MR. LALLY: Okay.
JUDGE CANNONE: And then we'll do the voir dire.
MR. LALLY: All right.
JUDGE CANNONE: So you can go ahead and release the civilian witnesses.
MR. LALLY: Okay, thank you.
JUDGE CANNONE: Sir, I'll remind you, you're still under oath. Okay. All right, Mr. Lally, whenever you're ready.
MR. LALLY: Thank you. So, Sergeant, resuming with what has just been marked as Exhibit 41 — that's the cruiser camera video from your cruiser 682 that you were driving that day, is that correct?
MR. GOODE: Yes.
MR. LALLY: And, Miss Gilman, if you could — Your Honor, I'd like to publish some of that footage. Okay. Miss Gilman, if you could start from the beginning through about 4 minutes and 30 seconds. Can you pause it just one second? Sergeant, if you could — as the video is playing along — just alert the jury to the portion of the video where you observe yourself sort of pulling on to Fairview Road. Yes. And this — if you could, when Sergeant indicates, if you could just pause it there for a moment.
MR. GOODE: All right, we're coming up to Fairview right now, and spring — then next one up, that's Fairview right there on the right.
MR. LALLY: Could — if I could take you back just to the right that you took just before that. What street were you — what street are you on right now?
MR. GOODE: That's Chapman Street.
MR. LALLY: And was that Washington Street that you turned on to get on to Chapman?
MR. GOODE: Correct.
MR. LALLY: Can I ask you, when you're turning from Washington Street on to Chapman, are there any sort of businesses or landmarks on your right or your left as you're making that turn?
MR. GOODE: So on the right-hand side as you're turning on to Chapman, that's going to be Cassie's corner store, and on the left at the intersection is — used to be called Temple Beth Abraham. I believe it's — Temple Beth something. I don't know the actual name. But so there's a temple on your left and Cassie's on your right? Correct.
MR. LALLY: So at this point in the video, here is about when you're about to turn on to —
MR. GOODE: Yes, coming to — right there.
MR. LALLY: Can I approach?
JUDGE CANNONE: A moment. Yes.
MR. LALLY: So, Sergeant — okay. If I could, Sergeant, just ask you to, within this sort of still frame up here on the screen, do you recognize people that are depicted within this still frame of this video?
MR. GOODE: Yes.
MR. LALLY: And, to whatever extent you do recognize people, if you could, using the laser pointer, draw the jury's attention to whom you recognize.
MR. GOODE: All right, that's going to be myself right there, is going to be firefighter McLaughlin, that's going to be Miss Read, and if you played it another second, I believe that's going to be Miss McCabe, or if not, Miss Roberts.
MR. LALLY: If you could — the gentleman you see sort of behind you in the frame, Sergeant, do you recognize who that is?
MR. GOODE: Yes, that's Officer Saraf.
MR. LALLY: My apologies. Miss Gilman, you good? You can take that down. Thank you very much. And so, Sergeant, your arrival on scene in that area — first of all, what's contained in that video — is that a fairly accurate portrayal of what you observed as far as the weather conditions outside that day?
MR. GOODE: Yes.
MR. LALLY: And when you arrive on scene, who, if anyone, do you speak to first?
MR. GOODE: Initially, I walked up to Officer Saraf. I said probably some version of "what's going on." Officer O'Keefe was already in the ambulance, and then I just began to try to talk to anyone.
MR. LALLY: And so the ambulance is still on scene when you arrive, is that correct?
MR. GOODE: Yes.
MR. LALLY: Officer O'Keefe is in the back of the ambulance, is that correct?
MR. GOODE: Yes.
MR. LALLY: And at some point when you're speaking with Officer Saraf, does he direct your attention to where Officer O'Keefe was prior to being placed in the ambulance?
MR. GOODE: Yes. Directed — if you're looking at the house, should be left-hand side, slightly — probably right in front of the flagpole.
MR. LALLY: And about how far off of the roadway would you estimate that was?
MR. GOODE: I would say 8 to 10 feet off the curb.
MR. LALLY: Now, speaking to other people — without reference to necessarily what was said to you — following your conversation with Saraf, who, if anyone, did you speak to?
MR. GOODE: I believe the first person I could really get a statement from was Miss McCabe.
MR. LALLY: And when you say first person you could really get a statement from, what do you mean?
MR. GOODE: It was a chaotic scene, people just kind of walking in and out. And so Miss McCabe was the first one that was able to give me a good statement of how they ended up here.
MR. LALLY: Following your conversation with Miss McCabe, who, if anyone, did you speak to next?
MR. GOODE: Next was Miss Read.
MR. LALLY: And just to be clear, when we say "Miss Read" — she's in the room today?
MR. GOODE: I do.
MR. LALLY: Just identify as to where she's seated, or an article of clothing.
MR. GOODE: She's sitting between Mr. Jackson and Mr. Yannetti.
MR. LALLY: I just ask the record reflect identification. Okay. Now, when you're on scene and you're speaking to these individuals, what, if any, impact did the weather have as far as your ability to sort of hear things that weren't direct conversations you were involved with?
MR. GOODE: You couldn't hear. It was oddly, eerily quiet, but the wind was so howling that I had a tough time actually hearing people. So you had to speak very loud or get next to them.
MR. LALLY: And as far as your conversation with the defendant, Miss Read — what, if anything, did you ask her, and what, if any, response?
MR. GOODE: So I walked Miss Read to the back of 682. She was obviously cold. Got her in the back of the car, put the heat on. Asked her how she ended up here, how her boyfriend ended up here. She says, "I don't know."
MR. LALLY: Prior to placing her in the cruiser, how would you describe her sort of demeanor outside?
MR. GOODE: Confused, hysterical, shocked.
MR. LALLY: What, if anything, was she saying or asking in regard to Mr. O'Keefe prior to you putting her in the back of the —?
MR. GOODE: She was yelling out, "Is he dead?"
MR. LALLY: And is that something she said once, more than once, or something?
MR. GOODE: Numerous times.
MR. LALLY: About how loudly would you say she said —?
MR. GOODE: Oh, she was yelling it.
MR. LALLY: And so once back in the cruiser, you asked her some questions. After she said "I don't know," what, if anything else, did you ask?
MR. GOODE: I asked her if she had driven there. She said, "I think so." And then right after that she said, "I don't remember." Because of her state, I decided to stop questioning there. She couldn't keep her train of thought.
MR. LALLY: Now, you had notified Detective Sergeant Lank and Lieutenant Gallagher prior to your going to the scene, is that correct?
MR. GOODE: Yes.
MR. LALLY: About what time was it that either or both of them arrived?
MR. GOODE: Detective Sergeant Lank probably got there at about 6:20, 6:25. I immediately briefed him on what we had, what was going on so far. And about what time did Lieutenant Gallagher —? I believe Lieutenant Gallagher probably came in right around 7:00 a.m.
MR. LALLY: Now, following your conversation with the defendant, who, if anyone else, did you speak to?
MR. GOODE: I spoke to the other party, Miss Roberts.
MR. LALLY: If you know, about how long a period of conversation are we talking about, with respect to Miss McCabe and Miss Roberts, each?
MR. GOODE: Couple minutes.
MR. LALLY: And why was it only a couple minutes?
MR. GOODE: It was a pretty quick statement —
MR. JACKSON: Move to strike.
JUDGE CANNONE: All right, so we'll strike after "it was a pretty quick statement."
MR. LALLY: Next question. Now, with regard to the defendant — after you had that brief conversation with her at the back of your cruiser, where did she go from there?
MR. GOODE: I believe she — at some point we let her back out outside of the car. We never closed the door on her because I stood in the door frame with my head in the back seat. She got out, she kind of just did her own thing — paced up and back — between talking to either Miss Roberts or Miss McCabe, yelling out.
MR. LALLY: At some point, did the ambulance that Officer O'Keefe was in leave the scene?
MR. GOODE: It did.
MR. LALLY: And following that, what, if anything, did you say or do with reference to the defendant?
MR. GOODE: Once Officer O'Keefe was transported, Miss Read just was not listening to any directions. We were trying to keep her in Miss Roberts's car to stay warm. She's going back and forth. I finally told Miss Roberts, "We have everybody's information. She's not needed here anymore. Go home, get warm. We'll reach out if we have to."
MR. LALLY: And at that point, did Miss Roberts take Miss Read?
MR. GOODE: She did.
MR. LALLY: And what, if anything, happened next on scene with regard to this?
MR. GOODE: It was moments later. I got a radio transmission from our officer, the working dispatch, that Mr. Read, her father, was on the phone with Miss Read, and she was making suicidal threats to take her own life.
MR. LALLY: And based on that information that you received, what, if anything, did you do in regards —?
MR. GOODE: Well, once — our officer, Officer Dever, who didn't even know that we had had Miss Read at the scene — she radioed to us to confirm that we did — "We have a Karen Read party on scene?" I said we did. She explained that her father was frantic on the phone and Miss Read was stating that she wanted to end her life. And he — in quotes — said he wanted her to be in protective custody. So at that time, I knew that we'd be able to get a hold ...of her, because I had all their information. I believe I just called Roberts's phone, told her to bring Miss Read back to the scene.
MR. LALLY: And about how long was it after you spoke to Miss Roberts that they returned?
MR. GOODE: They couldn't have gotten very far, especially in the road conditions.
MR. LALLY: Then, based on those statements that were reported to you from the dispatch — from Read's father — what if anything did you do with regard to Miss Read?
MR. GOODE: I told Officer Mullaney, who was on scene — most of our patrolmen have, it's called the Section 12 paperwork, inside all of our cruisers, just for that reason. I advised him to fill out the proper paperwork, and we were going to Section 12 Miss Read to the hospital, um, for mental evaluation.
MR. LALLY: And what is the Section 12, from your perspective?
MR. GOODE: It's a tool for police officers when you come on scene with someone that's having either a mental breakdown, claiming that they want to hurt themselves, anything like that. We have the power as police officers to fill out the proper paperwork. We're not medical professionals — let a doctor determine if she does need medical help. Um, and if she doesn't want to go, that paperwork allows us to actually physically put her on a stretcher and send her to the hospital. Um, once she gets to the hospital, it's up to the doctors there to do their due diligence, and if they deem that she's not mentally unstable, then she's released. But at least it's off of us now.
MR. LALLY: The time that Miss Read returns to the scene — fire department, being the ambulance and the engine — have already left. Is that correct?
MR. GOODE: Uh, yes. Correct.
MR. LALLY: And then did a separate apparatus from the fire department come back in reference to Section 12? Correct?
MR. GOODE: So, another — I believe this group was from Station 2, which is the other fire station in Canton. Um, they arrived on scene.
MR. LALLY: And during that time in between, who arrives first — the fire department or Miss Roberts with Miss —
MR. GOODE: Miss Roberts.
MR. LALLY: And during that time, after Miss Roberts arrives with Miss Read and prior to the fire department arriving, what if any interaction did you have with Miss Read during that?
MR. GOODE: None.
MR. LALLY: And then once the fire department returned on scene, what if anything do you direct them to with regard to Miss Read and with regard to paperwork?
MR. GOODE: You and Officer Mullaney and Officer Saraf — as it looks like in the video — escort Miss Read to the ambulance, and she's safely transported to the hospital. Our officer back at dispatch called back Mr. Read, advised him that his daughter was safe.
MR. LALLY: Um, then turning back to the scene — following Detective Sergeant Lank's arrival, what if anywhere did you and Detective Sergeant Lank go on scene following that?
MR. GOODE: So, uh, we were waiting for the fire truck to arrive. Um, we noticed that the lights went on at 34 Fairview. We needed to — obviously — speak to the homeowners. Um, I told Sergeant Lank — at the time I believe he was on the phone with CPAC for the state police — I said, "The lights just went on at the front door, let's go speak to the homeowners," and we both walked in.
MR. LALLY: You actually physically walked into the house. Is that correct?
MR. GOODE: Yes.
MR. LALLY: Now, with respect to prior to you seeing the house lights go on at 34 Fairview, had you seen anybody go into or out of that residence while you were there?
MR. GOODE: Yes. Uh, at some point, either myself or Sergeant Lank told Miss McCabe that she needs to wake up the homeowners — we need to speak to them.
MR. LALLY: And why — why did you say that specifically to Miss McCabe?
MR. GOODE: We have no idea why John O'Keefe is laying on the front lawn of a house. We have no — the statements from the three people — we need to figure out what happened last night, that night.
MR. LALLY: And so I guess my question is more: why Miss McCabe versus somebody else?
MR. GOODE: Miss McCabe is the sister-in-law of the homeowner, so she would be a friendly face to knock at the door at 6 o'clock in the morning in a blizzard.
MR. LALLY: Now, beyond anybody at 34 Fairview Road — again, before you observed those lights — did any residents from the other houses, sort of on the street, up and down, did you observe anyone come out of any of those houses?
MR. GOODE: Nobody.
MR. LALLY: And was that something you were noting about the time that you were on scene?
MR. GOODE: Correct.
MR. LALLY: So, how long were you on scene in total?
MR. GOODE: Uh, looking at the log, we were there for almost exactly two hours.
MR. LALLY: And so during those two hours, no one from any of the houses on the street came outside?
MR. GOODE: No. I mean, every emergency truck that showed up at 6:00 in the morning during a blizzard — there's no other cars on the road — so you're not coming down with sirens blaring, waking up an entire street, a neighborhood. There's no need for it. Um, so it was just lights and flashing, and to be honest you couldn't see very far.
MR. LALLY: Um, so you and Detective Sergeant Lank go into the home at 34 Fairview, and who if anyone did you speak to in there?
MR. GOODE: Uh, Mr. Albert, Mrs. Albert — Brian and Nicole.
MR. LALLY: And if anyone else was present in the home when you spoke with them —
MR. GOODE: When I was in there, I know Jen was in there, but we didn't speak to her because we already spoke to her. We just spoke to Brian and Nicole, right in the front room.
MR. LALLY: Now, you heard over the course of the 911 call from Miss McCabe that she references it — references that 34 Fairview is the Albert residence. Correct?
MR. GOODE: Yes.
MR. LALLY: And did you know Brian Albert, or were you aware of who he was, prior to going to the house that day?
MR. GOODE: I know of Brian Albert, yes.
MR. LALLY: And how did you know?
MR. GOODE: Uh, he's a brother of a coworker that I've worked with for 18 years.
MR. LALLY: And the coworker that you worked with for 18 years — Detective Albert — what's his first name?
MR. GOODE: Kevin.
MR. LALLY: And had you ever been to that house before?
MR. GOODE: No.
MR. LALLY: Ever been inside that house before?
MR. GOODE: No.
MR. LALLY: And when you go inside that day, it's Brian Albert, Nicole Albert, and Miss McCabe. Is that correct?
MR. GOODE: Yes, sir.
MR. LALLY: And during the time that you were in there, do you recall seeing anyone else — do you recall seeing in there besides those three people, yourself, and Detective Lank?
MR. GOODE: Nobody. Detective Lank took the lead on speaking to Brian and Nicole Albert, and I kind of just moseyed into the front of the house, looked in the dining room, and listened to what they said, what happened. You know, they seemed like they were generally in shock that there was a —
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained. Next question, please.
MR. LALLY: What if anything did you observe about their demeanor?
MR. GOODE: They looked like they just got woken up at 6:00 in the morning.
MR. LALLY: And as far as you're indicating that you're sort of looking or poking around the front area near the front door, correct?
MR. GOODE: Yes.
MR. LALLY: And what if anything of note did you observe inside the house when you did that?
MR. GOODE: Nothing. Everything appeared to be in order. Seemed like a normal house.
MR. LALLY: And following that, if you know, about how long was that conversation in the house?
MR. GOODE: Uh, I would say 20, 25 minutes.
MR. LALLY: And following that conversation, where did you and Detective Sergeant Lank go?
MR. GOODE: Uh, at the time we both left, the residents came outside, and at that time Lieutenant Gallagher was arriving. Um, we had like a little bit of a powwow, figured out what was going on. And I believe that's when we saw Jen McCabe's husband show up and walk in.
MR. LALLY: And again, you didn't know Jennifer McCabe prior to that day. Correct?
MR. GOODE: No.
MR. LALLY: Did you know who he was?
MR. GOODE: No.
MR. LALLY: So after you saw her husband — who you now know to be her husband — walk in, what if anything did Detective Sergeant Lank do?
MR. GOODE: Sergeant Lank ran back inside to get a statement from Mr. McCabe as well.
MR. LALLY: Did you go with him as well?
MR. GOODE: I did not.
MR. LALLY: And after you had sort of the conversation between yourself, Detective Sergeant Lank, and Lieutenant Gallagher — what if anything did the three of you do from there?
MR. GOODE: Uh, Lieutenant Gallagher immediately said we need to seal off the area where Officer O'Keefe was located. Um, we grabbed some crime scene tape around — he wanted to photograph the area as well.
MR. LALLY: And who if anyone grabbed the crime scene tape?
MR. GOODE: Myself.
MR. LALLY: And what if anything did you do with it?
MR. GOODE: I wrapped it around probably the flagpole, tree, and cruiser. Um, it was hard to keep up just because the wind was blowing at such a rate.
MR. LALLY: And then what if anything did you and the other officers do with respect to the area that was identified to you as where Mr. O'Keefe was?
MR. GOODE: On scene, uh, Lieutenant Gallagher noticed that the snow was coming down at such a clip we couldn't keep it clear. Um, had the idea: does anybody have a leaf blower? And I did. So I told him I'm not too far away from the house. So I shot back to my residence and grabbed my own.
MR. LALLY: And about how long a period of time was it between the time that you sort of left to go and the time that you arrived back?
PARENTHETICAL: [Video plays]
MR. LALLY: [unintelligible] ...that glass. Now with respect to using that leaf blower on scene, Sergeant, what if anything did you observe in the snow when that was used to blow away the layer?
MR. GOODE: No more than five, seven minutes.
MR. LALLY: And once you arrived back in the area of 34 Fairview Road, what if anything happened?
MR. GOODE: Um, I started it up for Lieutenant Gallagher, he took it over, and it worked to break through.
MR. LALLY: Now, with respect to that implementation of the leaf blower, what if anything did you or other officers do to memorialize that?
MR. GOODE: So, as Lieutenant Gallagher was using the piece of equipment, I used my iPhone, videotaped it, and took um, still photos.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I actually don't need to. Miss Gilman, if I could have Exhibit 33 on the screen — just the first one. Sergeant Goode, have you seen what's up on the screen — Exhibit 33 — before? And what do you recognize?
MR. GOODE: That's Lieutenant Gallagher.
MR. LALLY: And what if anything does Lieutenant Gallagher have in his hand at the time in this particular —
MR. GOODE: Uh, the leaf blower.
MR. LALLY: And what's depicted on the screen — is that a fair and accurate portrayal of what you memorialized on scene that day with respect to the leaf blower?
MR. GOODE: Yes.
MR. LALLY: Miss Gilman, if you could just run just this one video.
MR. GOODE: It exposed the blood and small drinking glass, broken.
MR. LALLY: And do you see those items in what's frozen up on the screen right now?
MR. GOODE: I do.
MR. LALLY: If you could, using that laser pointer, direct the jury's attention to where you observe each of those items.
MR. GOODE: So that's the glass right there, and then all the blood droplets.
MR. LALLY: Thank you, sir. Thank you, Miss Gilman — you can take that down. Now, prior to using the leaf blower, what if anything did Lieutenant Gallagher instruct you and any other officers to do with regard to
MR. GOODE: ...your Cruisers that were parked on — we needed to move them out of the way. He wanted to be able to get a good shot of the area, so we kind of closed off the road.
MR. LALLY: And Miss Gilman, if I could have Exhibit 41 back up again. Miss Gilman, if I could ask you to fast forward on this to about 40 minutes and 30 seconds and pause it right there. Now, Sergeant Goode, what's up on the screen — is that the point that you are referencing, as far as about to move your Cruiser for that purpose?
MR. GOODE: This was early — when we moved out of the way for the ambulance, I believe. No, could be right.
MR. LALLY: Regardless, you recognize this?
MR. GOODE: Yes. Sorry. If you just play it forward, I'll — I'll
MR. LALLY: I'm sorry. Just playing forward. Miss Gilman, if you could, I'd like to play this through to about 41 minutes and 12 seconds or so, but if you could just pause there. I'm sorry. Sergeant, at some point when you move your Cruiser, what if anything were you able to see in this footage of the front lawn area — 34 Fairview?
MR. GOODE: My cruiser camera pans the front yard of 34 Fairview, and it shows the snow undisturbed — no footprints, any tracks, anything like that leading anywhere.
MR. LALLY: And if you could just speak up when we get to that point. And Miss Gilman, if you could just pause it — pause it right there. Now, the area that you were ...speaking about before — is this sort of the portion of the video?
MR. GOODE: Yes.
MR. LALLY: And using the laser pointer, if you could direct the jury's attention to the portion of the yard that you were talking about, in indication of no footprints or anything that you observe.
MR. GOODE: indicates with laser pointer
MR. LALLY: Thank you, sir. Miss Gilman, if you could just let it run through for a couple more seconds. And Miss Gilman, you can take it down. Now, Sergeant Goode, you also spoke about some photographs that were taken to memorialize the area of where Mr. O'Keefe was found — is that correct?
MR. GOODE: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm going to show you what's been marked as Exhibit 8 first. Do you recognize it?
MR. GOODE: Yes.
MR. LALLY: And what do you recognize it as?
MR. GOODE: That is 34 Fairview.
MR. LALLY: And Miss Gilman, if I could have Exhibit 8 up on the screen. What's up on the screen — is that a fair and accurate portrayal of what you observed on scene that day?
MR. GOODE: Yes.
MR. LALLY: If I could ask you to flip forward in that book before you to Exhibit number 10.
MR. GOODE: Okay.
MR. LALLY: And if we could have Exhibit 10 up. What's up on the screen — is that what you have before you as [Exhibit] 10?
MR. GOODE: Yes.
MR. LALLY: And similarly, do you recognize that?
MR. GOODE: Yes.
MR. LALLY: And what do you recognize it as?
MR. GOODE: That is a scene where our officers and the witnesses found Officer O'Keefe.
MR. LALLY: And if you could, using that laser pointer you have before you, direct the jury's attention to where you were directed — to where Mr. O'Keefe was found.
MR. YANNETTI: Objection, hearsay.
JUDGE CANNONE: No, I'll allow that.
MR. LALLY: Now, sir, if I could ask you to flip forward in that book just a little bit more to what's been marked as Exhibit
MR. GOODE: [Exhibit] 20A.
MR. LALLY: Okay. If I could have that exhibit on the screen as well. And you recognize what's up on the screen as Exhibit 20?
MR. GOODE: Yes. That's the curbing.
MR. LALLY: And as far as the curbing is concerned, how is it sort of cleared off in this particular area?
MR. GOODE: We had to kick it off with our shoe to clear it off so we could actually see it, make a mark of it.
MR. LALLY: And again, that area that you were directed to as far as where Mr. O'Keefe was found — you observe that in this photograph, Exhibit 28, as well?
MR. GOODE: Yes.
MR. LALLY: And could you, using the laser pointer before you, direct the jury's attention to where in this photograph that is?
MR. GOODE: indicates with laser pointer
MR. LALLY: May I approach to retrieve it?
JUDGE CANNONE: Yes.
MR. LALLY: Last thing — I'm just going to show you what's been marked as Exhibit 27. Sergeant, do you recognize that?
MR. GOODE: I do.
MR. LALLY: Miss Gilman, if we could have [Exhibit] 27 on the screen. And Sergeant Goode, what's up on the screen — and before you — as Exhibit 27? Sorry, what's up on the screen — is that what you have before you as Exhibit 27?
MR. GOODE: Yes.
MR. LALLY: And if you could describe to the jury what we're looking at in this.
MR. GOODE: We have the blood, and then right here is the broken drinking glass that was located.
MR. LALLY: Thank you, sir.
MR. GOODE: You're welcome.
MR. LALLY: May I approach to retrieve that?
JUDGE CANNONE: Yes.
MR. LALLY: If I may have just a moment, Your Honor.
JUDGE CANNONE: Yes.
MR. LALLY: Following your time on scene that morning, sir, where did you go from there?
MR. GOODE: Once we cleared 34 Fairview, I returned to the Canton Police Department.
MR. LALLY: And the items that you were talking about — as far as the blood, which you believed to be blood droplets in the snow, and the piece of a cocktail glass — what if anything did you or other officers do with regard to that?
MR. GOODE: Well, Sgt. Lank transported those back to the police department.
MR. LALLY: If I may have just a moment, Your Honor.
MR. LALLY: I have nothing further for this witness.