Commonwealth v. Read — Trial ArchiveSean Goode — Direct
554 linesWhereupon, SEAN GOODE having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. GOODE: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jurors?
MR. GOODE: It's Sean Goode, G-O-O-D-E.
MR. LALLY: And how are you employed, sir?
MR. GOODE: The Canton Police Department.
MR. LALLY: And how long have you been a member of the Canton Police?
MR. GOODE: Seventeen years.
MR. LALLY: And what rank or assignment do you currently have with the Canton Police?
MR. GOODE: Midnight sergeant and two day patrol/traffic.
MR. LALLY: Now, how long have you held the rank of sergeant with the Canton Police?
MR. GOODE: Right about three years.
MR. LALLY: Now, with reference to your rank and assignment as sergeant with sort of the overnight shift -- and when does that run from?
MR. GOODE: So it's midnight to eight. The oncoming sergeant usually comes in around 11:00 o'clock at night.
MR. LALLY: And, in general terms, if you could describe for the jury what sort of are your duties and responsibilities as a sergeant on the overnight shift?
MR. GOODE: So I'm in charge of the patrolman. They work under me. There's four of us on midnight, plus myself. So five total; four on the road and one inside.
MR. LALLY: Turning your attention to the evening of January 28, 2022, into the morning of January 29th, 2022, were you working on that occasion?
MR. GOODE: Yes, I was.
MR. LALLY: Okay. In a similar capacity as you've just described?
MR. GOODE: Yes.
MR. LALLY: And so the time as far as when you arrived at the Canton Police Station would be similar to what you've just described, as well?
MR. GOODE: Yes.
MR. LALLY: Now, when you arrive, 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 there's myself, Officer Pascarelli, Officer Mullaney, Officer Saraf and Officer Dever.
MR. LALLY: And, as far -- 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 are inside the dispatch room. That's where you handle all the calls, 911 calls, business lines, stuff like that. So anybody that walks in the lobby, they'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?
MR. GOODE: That evening, 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 areas?
MR. GOODE: Everybody in the Canton Police Department, we do not have civilian dispatchers like other 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 the 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 anda land line, being able to look up when the 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 all of a sudden, it will just ping and you'll see that cell phone. Anda lot of times, 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.
MR. LALLY: Beyond that, now, when people are calling in to 911, they're typically calling in regard to an emergency, correct?
MR. GOODE: Yes.
MR. LALLY: So what, if any, training do you receive in that certification process in regard to sort of demeanor or how to handle people ona call?
MR. GOODE: Obviously, if someone is calling in an emergency, they probably are going to be nervous. You want to just try to stay as calm as possible and try to relate to them, not make them any more upset than they already are and try to get the first thing out of their -- is location, where are they.
MR. LALLY: Now, with respect to calls that come in to 911, what, if any, difference as far as directing a call is there between something that's sort of a medical call versus a law enforcement police-type call?
MR. GOODE: So any call that comes in through 911, you 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 and it says "fire" right on the screen. That call automatically gets connected toa 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, into 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 any, relationship does he have with -- what, if anything, does he do for work, if you know?
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 at the Canton Police Station?
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 at our station.
MR. LALLY: And is he the only agent, federal agent with the ATF, that has space or anything at your police station?
MR. GOODE: No. I believe there's actually U.S. Customs, two of them, other agents that work at the station, as well.
MR. LALLY: And do they have sort of similar relationships as far as --
MR. GOODE: They have access to the police department, you know, Agent Higgins has worked on certain calls and helped us out, whether it be a firearm case, stuff like that.
MR. LALLY: Now, on that evening of the 28th and specifically in 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 in through 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. I 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 the midnight shift, it's any of our unmarked detectives' 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: Now, with regard to the vehicles in the parking lot, beyond sort of personal vehicles and the marked units belonging to the Canton Police, with regard to some of those other agents like Mr. Higgins that you talked about, what, if any, vehicles would they have within that parking area, as well?
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 then, 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 at 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 did you receive around that time?
MR. GOODE: I received a phone call from a women generally asking if we had locked up or transported a male party that evening. It's not uncommon that people call and say, hey, did you lock up so and so or did you stop anybody. She said some version of that he was out with friends. He didn't come home tonight, and his girlfriend is worried about him.
MR. LALLY: Now, 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 had called just before 5:00 a.m., did you have occasion to speak with them when you were on scene on Fairview?
MR. GOODE: I did.
MR. LALLY: And who did you identify that first call to come in from?
MR. GOODE: The first call was Ms. Roberts.
MR. LALLY: And that would be Kerry Roberts; is that correct?
MR. GOODE: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I'm showing you this. Do you 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.
MR. LALLY: And that would be the call from Ms. Roberts; is that correct?
MR. GOODE: Yes.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
COURT REPORTER: This will be Exhibit 35.
(Whereupon, CD of 911 call was entered and marked Exhibit No. 35 in Evidence.)
MR. LALLY: Your Honor, with the Court's permission, I would ask to publish that call to the jury at this point.
JUDGE CANNONE: Okay. Hold on one second, please. All right. Go ahead.
MR. LALLY: Ms. Gilman, please.
(Whereupon, the 911 call is played.)
BY MR. LALLY:
MR. LALLY: Now, Sergeant Goode, what was played in there, is that a fair and accurate portrayal of the 911 call that you had with Kerry Roberts around 5:00 a.m.?
MR. GOODE: Yes.
MR. LALLY: Now, turning your attention to about an hour forward at approximately 6:00 a.m. on the 29th, what, if any, other phone calls did you receive in regard to the same sort of --
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 sort of hours, as you were stating on the 911 call, no one sort of physically came into the Canton Police Station and reported anything in regard to this, correct?
MR. GOODE: No.
MR. LALLY: Okay. 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: And, from those conversations on scene, do you now know who placed that 911 call at approximately 6:04 a.m.?
MR. GOODE: Yes.
MR. LALLY: And who was that person, sir?
MR. GOODE: That would be Ms. McCabe.
MR. LALLY: And that would be Jennifer McCabe; is that correct?
MR. GOODE: Yes.
MR. LALLY: Okay. 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 snowing heavily.
MR. LALLY: Your Honor, may I approach again?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Showing you another disk, do you recognize that?
MR. GOODE: Yes.
MR. LALLY: And what do you recognize that to be?
MR. GOODE: That's the 911 call from Ms. McCabe.
MR. LALLY: Thank you.
MR. LALLY: The Commonwealth seeks to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
COURT REPORTER: That will be Exhibit 36.
(Whereupon, CD of 911 call was entered and marked Exhibit No. 36 in Evidence.)
MR. LALLY: Again, Your Honor, with the Court's permission, I would ask to publish Exhibit 36 to the jury now, as well.
JUDGE CANNONE: Okay.
(Whereupon, the 911 call is played.)
MR. LALLY: Ms. Gilman, if you could just pause that just briefly? I'm sorry.
(Whereupon, the 911 call is paused.)
MR. LALLY: If I could ask you just to back that up about 10 or 15 seconds or so once the siren outside calms down.
(Whereupon, the video is played.)
MR. LALLY: Thank you, Ms. Gilman.
BY MR. LALLY:
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 dispatching to the scene?
MR. GOODE: So once it was connected to Holbrook, 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 now to Fairview Road?
MR. GOODE: I would guess it would have 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 when you received it?
MR. GOODE: So I phoned Lieutenant Gallagher and Detective Sergeant Lank.
MR. LALLY: Why?
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 we 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, assumed your role as far as manning the dispatch area and the 911?
MR. GOODE: That would be Officer Dever.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: For Madam Court Reporter, could you just spell Officer Dever's last name?
MR. GOODE: Yes. It's going to be D-E-V-E-R.
MR. LALLY: I'm going to show you what's been previously marked as Exhibit 14. 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 or press log.
MR. LALLY: And, as far as that particular log is concerned, is there any indication on there who sort of created that log?
MR. GOODE: Yes. That would be Officer Dever.
MR. LALLY: And these are logs that you typically create when you're working 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 sort of 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 and 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.
MR. LALLY: May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, Sergeant Goode, with respect to your response from the Canton Police Station to 34 Fairview Road, what was sort of the path of travel that you took?
MR. GOODE: So I pulled out of 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: Then I took a right onto Chapman Street. And then it would be your third right on Fairview.
MR. LALLY: And, coming down Fairview, what, if anything, did you notice as far as sort of 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. It's the end of Fairview that meets Cedarcrest.
MR. LALLY: And so where is 34 in relation to sort of 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 Fairview Road, what, if anything, did you observe as the road condition, visibility, things like that?
MR. GOODE: It was terrible. Heavy snow, wind. Visibility was awful.
MR. LALLY: And, when you arrive on scene, what is sort of the first thing that you observe upon your arrival?
MR. GOODE: As I was coming down the hill, visibility was pretty bad. I noticed the Canton Fire engine. The ambulance was already on the scene. Both of my two officers' cruisers were also on the scene.
MR. LALLY: Now, as far as the particular cruiser that you were in on that day, is there sort of a particular cruiser that is reserved for sort of the sergeant or lieutenant who is in charge of the --
MR. GOODE: Yes. So 682 is the primary patrol supervisor vehicle.
MR. LALLY: And that would sort of shift from shift to shift as far as whoever that particular sergeant is?
MR. GOODE: Yeah. You'd take the same one. 682 is the -- it's labeled on the side of the doors "Patrol Supervisor."
MR. LALLY: And so is that vehicle or 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 Department, what, if any, recording system is available on those cruisers?
MR. GOODE: All marked units have a -- it's called a WatchGuard camera system. It has a front video camera, and then it also has in the prisoner/passenger back seat, it has a camera there, as well. They should be working audio in the back seat. They are activated by if you flip the lights on, the blue lights, it will automatically click. You don't have to press "record." The cruiser automatically starts recording. If you got in 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 in the back of the cruiser. But, as far as from 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 is a mic stand that sits ina charger. It looks like almost a beeper.
MR. LALLY: And so that's located inside the cruiser, correct?
MR. GOODE: Yes.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I'm showing you a flash drive. Do you recognize that?
MR. GOODE: Yes.
MR. LALLY: And what do you recognize that to be?
MR. GOODE: That is the flash drive for the Canton Cruiser 682.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce and admit as the next exhibit.
(Whereupon, flash drive from cruiser video was entered and marked Exhibit No. 41 in Evidence.)
COURT REPORTER: Exhibit 41.
JUDGE CANNONE: Why don't we break now for lunch.
MR. LALLY: Thank you, Your Honor.
(Whereupon, the jury is escorted from the courtroom for the luncheon recess.)
JUDGE CANNONE: So, Mr. Lally, you 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 anticipate having this afternoon. Am I free to release anybody who is not Lieutenant Rae or Sergeant Lank?
JUDGE CANNONE: So I think we'll have those two. You can step down, sir. So we will finish with Sergeant Goode, and then you've got Lieutenant Rae?
MR. LALLY: Yes.
JUDGE CANNONE: And that will probably get us to --
MR. LALLY: Oh, I think it will get us sufficiently through the day. Obviously, I don't want to release anybody unless the Court is in agreement.
MR. YANNETTI: I really don't think we are going to get to anyone else.
JUDGE CANNONE: Okay. And then we will do the voir dire. All right. So you can go ahead and release the civilian witnesses.
MR. LALLY: Okay. Thank you.
(Whereupon, the luncheon recess is taken.)
AFTERNOON SES S I ON
(Court resumes at 2:04 p.m.)
(Defendant present. Jury present.)
JUDGE CANNONE: Sergeant Goode, please.
COURT CLERK: Sir, I remind you that you're still under oath.
MR. GOODE: Thank you, sir.
JUDGE CANNONE: All right, Mr. Lally. Whenever you're ready.
MR. LALLY: Thank you, Your Honor.
BY MR. LALLY:
MR. LALLY: So, Sergeant, resuming with what has just been marked as Exhibit 41, that is the cruiser camera video from your Cruiser 682 that you were driving that day; is that correct?
MR. GOODE: Yes.
MR. LALLY: Ms. Gilman, if you could -- and with the Court's permission, I'd like to publish some of that to the jury?
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if you could start from the beginning through about four minutes and 30 seconds or so.
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, can you pause it for just one second?
(Whereupon, the video is paused.)
BY MR. LALLY:
MR. LALLY: Sergeant, if you could, as the video is playing along, if you could just alert the jury to the portion of the video where you observed yourself sort of pulling onto Fairview Road?
MR. GOODE: Yes.
MR. LALLY: And, Ms. Gilman, if you could, when the sergeant does that, if you could just pause it at that point. Thank you.
(Whereupon, the video is played.)
MR. GOODE: All right. We are coming up to Fairview right now. That's Spring. The next one. That's Fairview right there on the right.
MR. LALLY: If could pause it right there, Ms. Gilman.
(Whereupon, the video is paused.)
BY MR. LALLY:
MR. LALLY: Sergeant Goode, if I could take you back just to the right that you took just before that, what street are you on right now?
MR. GOODE: That's Chapman Street.
MR. LALLY: Okay. And was that Washington Street that you had turned to get onto Chapman?
MR. GOODE: Correct.
MR. LALLY: Can I ask you, when you're turning from Washington Street onto Chapman, are there any sort of businesses or sort of 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 onto Chapman, that's going to be Cassies Corner Store. And on the left at the intersection, it used to be called Temple Beth Abraham. I believe it's Temple B'na Tikvah. Something. I don't know the actual name.
MR. LALLY: So there is a temple on your left and Cassies on your right?
MR. GOODE: Correct.
MR. LALLY: Okay. And so at this point in the video here is about when you're about to turn onto Fairview, correct?
MR. GOODE: Yes.
MR. LALLY: Ms. Gilman, if you could?
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, if you could pause it right there?
(Whereupon, the video is paused.)
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: So, Sergeant, there is a laser pointer here. Just click on this button and point it at the screen. If I could, Sergeant, just ask you to within this sort of still frame up here on the screen, do you recognize the people that are depicted within this still frame of this video?
MR. GOODE: Yes.
MR. LALLY: And, to whatever extent, if you recognize people, 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 Ms. Read. And in another second, I believe that's going to be Ms. McCabe or, if not, Ms. Roberts.
MR. LALLY: Thank you, sir.
MR. LALLY: Ms. Gilman, if you could?
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman -- yes.
(Whereupon, the video is paused.)
MR. LALLY: 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: Thank you.
MR. LALLY: My apologies, Ms. Gilman. You can run it again.
(Whereupon, the video is played.)
MR. LALLY: You can take that down, Ms. Gilman. Thank you very much.
BY MR. LALLY:
MR. LALLY: And so, Sergeant, you arrive on scene in that area. First of all, what's contained in that video, is that a fair and 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, is it that you speak to first?
MR. LALLY: Initially, I walked up to Officer Saraf. I said some variation of "what's going on." Officer O'Keefe was already in the ambulance. And then I just began to try to talk to anybody and everybody.
MR. LALLY: And so the ambulance is still on scene when you arrive; is that correct?
MR. GOODE: Yes.
MR. LALLY: But Officer O'Keefe is in the back of the ambulance; is that correct?
MR. GOODE: Yes.
MR. LALLY: Okay. 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.
MR. LALLY: And where did he direct your attention to?
MR. GOODE: If you are looking at the house, it would be the left-hand side, slightly like right in front of the flagpole.
MR. LALLY: And about how far off the roadway would you estimate that was?
MR. GOODE: I would say eight to 10 feet off the curb.
MR. LALLY: Now, as far as speaking with other people, without reference to necessarily what was said to you, following your conversation with Officer Saraf, who, if anyone, did you speak to next?
MR. GOODE: I believe the first person I could really get a statement from was Ms. McCabe.
MR. LALLY: And, when you say "first person you could really get a statement from," what do you mean by that?
MR. GOODE: It was a chaotic scene. People were just kind of walking in and out. And so Ms. McCabe was the first one that was able to give a good statement of how they ended up here.
MR. LALLY: And, following your conversation with Ms. McCabe, who, if anyone, did you speak to next?
MR. GOODE: Next was Ms. Read.
MR. LALLY: And, just to be clear, when we speak about Ms. Read, do you see her in the courtroom today?
MR. GOODE: I do.
MR. LALLY: Could you just identify as to where she is seated or an article of clothing she's wearing?
MR. GOODE: She's sitting between Mr. Jackson and Mr. Yannetti.
MR. LALLY: Your Honor, I'd just ask that the record reflect the identification of the defendant by the witness.
JUDGE CANNONE: Okay.
BY MR. LALLY:
MR. LALLY: 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 guiet. But the wind was so howling that I have a tough time actually hearing people. So you had to speak very loud or get next to each other.
MR. LALLY: And, as far as your conversation with the defendant, Ms. Read, what, if anything, did you ask her and what, if any, response did she give you?
MR. GOODE: So I walked Ms. Read to the back of 682. She was obviously cold. I got her in the back of the car, put the heat on, asked her how did she end up there, how did her boyfriend end up here. She said, I don't know.
MR. LALLY: Prior to placing her in the back of the cruiser, how would you describe her sort of demeanor outside?
MR. GOODE: Confused, hysterical, shock.
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 cruiser?
MR. GOODE: She was yelling out, is he dead.
MR. LALLY: And is that something she said once, more than once or something else?
MR. GOODE: Numerous times.
MR. LALLY: And about how loudly was she saying that?
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 her at that point?
MR. GOODE: I asked her if she had driven there. And 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: And about what time was it that either or both of them arrived on the scene?
MR. GOODE: Detective Sergeant Lank probably got there at about 6:20, 6:25. I immediately brief him on what we had, what was going on so far.
MR. LALLY: And about what time did Lieutenant Gallagher arrive?
MR. GOODE: 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 on scene?
MR. GOODE: I spoke to the other party, Ms. Roberts.
MR. LALLY: If you know, about how long a period of conversation are we talking about with respect to Ms. McCabe and Ms. Roberts?
MR. GOODE: Each interview?
MR. LALLY: Yes.
MR. GOODE: A couple minutes.
MR. LALLY: And why was it only a couple minutes?
MR. GOODE: It was a pretty quick statement. It seemed like they were only in the car for a very short amount of time.
MR. YANNETTI: Objection. Move to strike.
JUDGE CANNONE: All right. We will strike after "it was a pretty quick statement." Next question.
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: Now, with regard to the defendant, Ms. Read, after you had that brief conversation with her in the back of your cruiser, where did she go from there?
MR. GOODE: I believe she -- at some point, we let her back outside of the car. We never closed the door on her because I stood in the doorframe 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 Ms. Roberts or Ms. McCabe, yelling out.
MR. LALLY: And, at some point, did the ambulance that Officer O'Keefe was in, did that 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, Ms. Read?
MR. GOODE: Once Officer O'Keefe was transported, Ms. Read just was not listening to any directions. We were trying to keep her in Ms. Roberts' car to stay warm. She was going back and forth. I finally told Ms. Roberts we had everybody's information. She's not needed anymore. Go home. Get warm. We'll reach out if we have to.
MR. LALLY: And shortly after -- and, at that point, did Ms. Roberts take Ms. Read?
MR. GOODE: She did.
MR. LALLY: And what, if anything, happened next on scene with regard to Ms. Read?
MR. GOODE: It was moments later I got a radio transmission from our officer working dispatch that Mr. Robinson, her father, was on the phone with Ms. 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 regard to that?
MR. GOODE: Well, once -- Officer Deven, who didn't even know that we had Ms. Read at the scene, she radioed to us to confirm did we have a Karen party on scene. I said we did. She explained that her father was frantic on the phone, and Ms. Read was stating that she wanted to end her life. And he, of course, 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 the information. I believe I just called Ms. Roberts' phone and told her to bring her back to the scene.
MR. LALLY: And about how long was it after you spoke to Ms. Roberts that they returned to the scene?
MR. GOODE: They couldn't have gone very far, especially with the road conditions.
MR. LALLY: And then, based on those statements that were reported to you from the dispatch from the defendant's father, what, if anything, did you do with regard to Ms. Read at that point?
MR. GOODE: I told Officer Mullaney, who was on scene -- most of our patrolmen have it's called Section 12 paperwork inside of all of our cruisers just for that reason. I advised him to fill out the proper paperwork, and we were going to section Ms. Read to the hospital for mental evaluation.
MR. LALLY: And what is a Section 12 from your perspective?
MR. GOODE: It is a tool for police officers when you come on scene with someone who'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. And so -- and, if she doesn't want to go, that paperwork allows us to actually physically put her ona stretcher and send her to the hospital. Once she gets to the hospital, it is 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.
MR. LALLY: Now, the time that Ms. Read returns to the scene, the fire department, being the ambulance and the engine, have already left; is that correct?
MR. GOODE: Yes. Correct.
MR. LALLY: And then at some point do apparatus from the fire department come back in reference to the Section 12?
MR. GOODE: Correct. So I believe this group was from Station 2, which is the other fire station in the town of Canton. They arrived on scene.
MR. LALLY: And, during that time in between, who arrives first? The fire department or Ms. Roberts with Ms. Read?
MR. GOODE: Ms. Roberts.
MR. LALLY: And, during that time after Ms. Roberts arrives with Ms. Read and prior to the fire department arriving, what, if any, interaction did you have with Ms. Read during that time?
MR. GOODE: None.
MR. LALLY: And then, once the fire department returns on scene, what, if anything, do you direct them to with regard to Ms. Read and regard to the paperwork that you had Officer Mullaney fill out?
MR. GOODE: Officer Mullaney and Officer Saraf and it looks like in the video escort Ms. Read to the ambulance. And she is safely transported to the hospital. Our officer back at dispatch called back Mr. Read and advised him that his daughter was safe.
MR. LALLY: Turning back to the scene, following Detective Sergeant Lank's arrival, what, if any -- where, if anywhere, did you and Detective Sergeant Lank go on scene following that?
MR. GOODE: So we were waiting for the fire truck to arrive. We noticed that the lights went on at 34 Fairview. We needed obviously to speak to the homeowners. 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 on 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 sort of 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. At some point, either myself or Sergeant Lank told Ms. McCabe that she needs to wake up the homeowners; we need to speak to them.
MR. LALLY: And why did you say that specifically to Ms. McCabe?
MR. GOODE: We have no idea why John O'Keefe is laying on a 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 Ms. McCabe versus somebody else?
MR. GOODE: Ms. McCabe is the sister-in-law of the homeowner. So she would be a friendly face to knock on the door at 6:00 o'clock in the morning ina blizzard.
MR. LALLY: Now, beyond anybody at 34 Fairview Road, again, before you observe those lights go on in the residence, from the other houses sort of on the street, up and down, who, if anyone, did you observe come out of any of those houses?
MR. GOODE: Nobody.
MR. LALLY: And was that something that continued throughout the time that you were on scene?
MR. GOODE: Correct.
MR. LALLY: So how long were you on scene for in total?
MR. GOODE: 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 o'clock in the morning during a blizzard, there's no other cars on the road. So you're not coming down with the sirens blaring, waking up an entire street, a neighborhood. There is no need for it. So it was just lights flashing. And, to be honest with you, you couldn't see very far.
MR. LALLY: 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: Mr. Albert, Mrs. Albert, Brian and Nicole.
MR. LALLY: And who, 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. But 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 Ms. McCabe that she references the 34 Fairview as 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 him?
MR. GOODE: He's a brother of a co-worker that I've worked with for 18 years.
MR. LALLY: And the co-worker that you worked with for 18 years, who was that?
MR. GOODE: Detective Albert.
MR. LALLY: And what's his first name?
MR. GOODE: Kevin.
MR. LALLY: And had you ever been to that house before?
MR. GOODE: No.
MR. LALLY: Have you 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 Ms. McCabe; is that correct?
MR. GOODE: Yes.
MR. LALLY: And, during the time that you were in there, do you recall seeing -- or who, if anyone else, do you recall seeing in there besides those three people, yourself and Detective Sergeant Lank?
MR. GOODE: Nobody. Detective Lank took the lead on speaking to Brian and Nicole Albert. And I kind of just moseyed in the front of the house, looked in the dining room, you know, and listened to what they said what happened. They seemed like -- they were genuinely in shock that there was a --
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained. Next question, please.
BY MR. LALLY:
MR. LALLY: What, if anything, did you observe about their demeanor when you spoke to them? Brian and Nicole.
MR. GOODE: They looked like they just got woken up at 6:00 o'clock in the morning.
MR. LALLY: And, as far as -- you indicated 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 to be in order. It seemed like a normal house.
MR. LALLY: And, following, if you know, about how long was that conversation in the house?
MR. GOODE: I would say 20, 25 minutes.
MR. LALLY: And, following that conversation, where did you and Detective Sergeant Lank go?
MR. GOODE: At that time, we both left the residence and came outside. And, at that time, Lieutenant Gallagher was arriving. We had like a little bit of a powwow, figured out what was going on. 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 date, correct?
MR. GOODE: No.
MR. LALLY: Did you know her husband prior to that date?
MR. GOODE: No.
MR. LALLY: And so after you saw her husband, who you now know to be her husband, walk in, what, if anything, did you and Detective Sergeant Lank do?
MR. GOODE: Sergeant Lank ran back inside to get a statement from Mr. McCabe, as well.
MR. LALLY: And did you go with him, as well?
MR. GOODE: I did not.
MR. LALLY: And, after you have 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: Lieutenant Gallagher immediately said, we need to seal off the area where Officer O'Keefe was located. We grabbed some crime scene tape. 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 by the flagpole, tree and cruiser. It was hard to keep 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 upon Officer Saraf's arrival?
MR. GOODE: Lieutenant Gallagher noticed that the snow was coming down at such a good clip, we couldn't keep it clear and had the idea of anybody having 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 get the leaf blower and the time that you arrived back with it?
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 then?
MR. GOODE: I started it up for Lieutenant Gallagher. He took it over and it worked great.
MR. LALLY: Now, with respect to that sort of implementation of the leaf blower, what, if anything, did you or other officers do to sort of memorialize that?
MR. GOODE: So as Lieutenant Gallagher was using the piece of equipment, I used my iPhone, videotaped it and took two still photos.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Exhibit No. 33 up on the screen? The first one is fine.
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, if you could pause that just briefly?
(Whereupon, the video is paused.)
BY MR. LALLY:
MR. LALLY: Sergeant Goode, have you seen what's up on the screen as Exhibit 33 before?
MR. GOODE: Yes.
MR. LALLY: And what do you recognize this to be?
MR. GOODE: That's Lieutenant Gallagher.
MR. LALLY: Okay. And what, if anything, does Lieutenant Gallagher have in his hand at the time in this particular video?
MR. GOODE: The leaf blower.
MR. LALLY: And what's depicted on the screen, is that a fair and accurate picture of what you memorialized on scene that day with respect to the leaf blower?
MR. GOODE: Yes.
MR. LALLY: Ms. Gilman, if you could just run just this one video through?
(Whereupon, the video is played.)
MR. LALLY: Ms. Gilman, if you could stop it right there, please?
(Whereupon, the video is paused.)
BY MR. LALLY:
MR. LALLY: 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 sort of the layer of the snow?
MR. GOODE: It exposed the blood and small drinking glass, broken.
MR. LALLY: And do you see those items in what's frozen up in 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 in this video?
MR. GOODE: So that's the glass right there and then all the blood droplets.
MR. LALLY: Thank you, sir.
MR. LALLY: Thank you, Ms. Gilman. You can take that down.
BY MR. LALLY:
MR. LALLY: Now, prior to using the leaf blower, what, if anything, did Lieutenant Gallagher instruct you and any other officers to do with regard to your cruisers that were parked on scene?
MR. GOODE: 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, Ms. Gilman, if I could have Exhibit 41 back up again? Ms. Gilman, if I could ask you to fast forward on this to about 40 minutes and 30 seconds in.
(Whereupon, the video is played.)
MR. LALLY: If you could pause it right there, please?
(Whereupon, the video is paused.)
MR. LALLY: Now, Sergeant Goode, what's up on the screen, is that the point that you are referencing now as far as about to move your cruiser for that purpose?
MR. GOODE: This really wouldn't be moved out of the way of the ambulance, I believe.
MR. LALLY: My apologies. Regardless, you recognize this to be camera footage from --
MR. GOODE: Yes. Just play it forward, I guess.
MR. LALLY: Ms. Gilman, if you could, I'd like to play this through to about 41 minutes and 12 seconds or so but if you can just pause it. I'm sorry.
MR. LALLY: Sergeant, at some point when you moved this cruiser, what, if anything, were you able to see in this footage of the front lawn of 34 Fairview Road?
MR. GOODE: So my cruiser camera pans the front yard of 34 Fairview. And it shows the snow undisturbed, no footprints, any tracks or anything like that leading anywhere.
MR. LALLY: Okay. And, if you could just speak up when we get to that point.
MR. LALLY: Ms. Gilman, if you could, just pause it on that area of the video.
(Whereupon, the video is played.)
MR. LALLY: If you could pause it right there.
(Whereupon, the video is paused.)
MR. LALLY: Now, the area that you were speaking about before, is this sort of the portion of the video?
MR. GOODE: Yes.
MR. LALLY: Okay. And, using the laser pointer, if you could direct the jury's attention to the portion of the yard that you were talking about and indication of no footprints or anything that you observed in that snow.
MR. GOODE: (Witness complies.)
MR. LALLY: Ms. Gilman, if you could just let it run through for a couple more seconds.
(Whereupon, the video is played.)
MR. LALLY: Thank you. And, Ms. Gilman, you can take it down.
MR. LALLY: Now, Sergeant Goode, you had spoke about, as well, 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, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I'm going to show you what's been marked as Exhibit 8. First, just if you recognize it?
MR. GOODE: Yes.
MR. LALLY: And what do you recognize that to be?
MR. GOODE: That is 34 Fairview.
MR. LALLY: And, Ms. Gilman, if I could have Exhibit 8 up on the screen?
BY MR. LALLY:
MR. LALLY: 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 No. 10.
MR. GOODE: Okay.
MR. LALLY: And, Ms. Gilman, if we could have Exhibit 10?
BY MR. LALLY:
MR. LALLY: And, Sergeant, 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 that to be?
MR. GOODE: That 1S 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 it.
BY MR. LALLY:
MR. LALLY: Go ahead, sir.
MR. GOODE: (Witness complies.)
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 No. 20A.
MR. GOODE: Okay.
MR. LALLY: And, Ms. Gilman, if I could have that on the screen, as well.
MR. LALLY: And do you recognize what's up on the screen as Exhibit 20A?
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'd kick it off with our shoe to clear it off so we could actually see it.
MR. LALLY: And, again, that area that you were directed to as far as where Mr. O'Keefe was found, do you observe that in this photograph, Exhibit 20A?
MR. GOODE: Yes.
MR. LALLY: If you could, using the laser pointer before you, direct the jury's attention to where in this photograph that is?
MR. GOODE: (Witness complies.)
MR. LALLY: Your Honor, may I approach just to --
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Lastly, 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: Ms. Gilman, if we could have 27 on the screen?
MR. LALLY: Sergeant Goode, what's up on the screen and what's before you as Exhibit 27 -- I'm 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 are looking at in this exhibit.
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: Your Honor, may I approach just to retrieve?
JUDGE CANNONE: Yes.
MR. LALLY: If I may have just a moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
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, what you believed to be blood droplets in the snow and that piece of a cocktail glass, what, if anything, did you or other officers do with regard to that?
MR. YANNETTI: Objection.
JUDGE CANNONE: Overruled.
BY MR. LALLY:
MR. LALLY: Go ahead, sir.
MR. GOODE: Detective Sergeant Lank transported those back to the police department.
MR. LALLY: Again, just one moment, Your Honor. I have nothing further of this witness, Your Honor.
JUDGE CANNONE: All right. Mr. Yannetti?
MR. YANNETTI: Thank you, Your Honor.