Day 6 - May 7, 2024

Defense attorney David Yannetti resumes cross-examination of Sergeant Goode, first establishing the Canton PD key swipe system that logs officer entries and exits, and introducing stipulated key swipe records from January 29, 2022. The bulk of the examination focuses on two versions of Goode's police report face sheet — the original (Exhibit P/43) containing a photo of the snow berm, and a later version (Exhibit Q/44) where someone replaced that photo with an image of a taillight piece. Yannetti methodically establishes that Goode never saw or photographed any taillight piece on January 29, 2022, did not personally switch the photo, does not know who did, and that nothing on the altered face sheet indicates the taillight photo was taken on a different date or relates to a supplemental report.

On redirect, ADA Lally addresses key points raised during Yannetti's cross-examination. Goode clarifies that Christopher Albert was not a town selectman on the date in question — he was elected afterward — neutralizing any implication of political influence. Lally establishes that O'Keefe's body was found approximately 10-12 feet from the property line at 34 Fairview Road. Goode explains that his prior visit to 34 Fairview was for a 2009 hit-and-run investigation involving Tim Albert, who was charged. The bulk of the redirect focuses on rehabilitating the face sheet photo discrepancy: Goode explains that supplemental reports add new photos to the system, and the software may automatically reorder which photo appears on the face sheet when reprinted — meaning no one necessarily went in and manually swapped the snow berm photo for the taillight photo. Lally also elicits testimony that snowfall continued heavily throughout the day after the scene was processed.

In a brief recross of five questions, defense attorney Yannetti returns to the Tim Albert hit-and-run that Lally raised on redirect. Yannetti establishes that the evidence against Tim Albert was strong — Sergeant Lank followed a fluid trail directly to 34 Fairview — and that Albert admitted to leaving the scene. Yannetti then asks whether the case was simply dismissed upon restitution, drawing a prosecution objection that is sustained, with the judge instructing the jury to disregard. The witness is then excused.

ADA Adam Lally conducted a brief redirect examination of Canton PD Lieutenant Michael Lank covering three areas raised during cross-examination. First, Lally had Lank provide his version of the 2002 altercation, in which Lank described attempting to de-escalate a confrontation before being punched and defending himself. Lank testified the incident involved Christopher Albert, not Brian Albert, and had no bearing on his actions on January 29, 2022. Second, Lally clarified that the phone call visible on dash cam footage was with Lieutenant Gallagher, who had not yet arrived on scene. Third, Lally asked Lank to detail where people were positioned inside 34 Fairview Road during each of his three entries, and Lank testified he observed nothing out of place in the house interior.

After a brief sidebar, defense attorney Alan Jackson conducted a short recross-examination of Lieutenant Michael Lank focused on the 2002 off-duty altercation involving Christopher Albert and the Lalo brothers. Jackson established that neither Lalo brother was ever convicted of any charges arising from the incident. Jackson then suggested that it was Lank, not the Lalos, who made a threatening statement — specifically, 'I don't know who you are, but I'm going to make your life miserable' — which Lank denied. Jackson closed by framing the entire incident as Lank protecting a member of the Albert family, which Lank recharacterized as protecting someone who asked for help and 'happened to be an Albert.'