Day 6 - May 7, 2024

Judge Beverly J. Cannone · Trial 1 · 8 proceedings · 1,536 lines

Day 6 of 35

Appearing:

Cross-examination of Sgt. Goode and Sgt. Lank examines differing report printouts, scene and evidence procedures, witness interviews, and defense questions about relationships with the Albert family.

Full day summary

Day 6 opened with the conclusion of Sergeant Goode's testimony, where Yannetti contrasted two police-report face-sheet printouts: one with a snow-berm photo and a later one with a taillight image. Goode said he did not personally switch the photo and did not know who did; on redirect, he described a possible supplemental-photo ordering explanation while saying he did not know how the software numbered photos. The day's dominant witness was Lieutenant Michael Lank, whose direct examination described the initial scene response and the discovery of taillight plastic six days after O'Keefe was found. On cross, Jackson questioned Lank about longstanding personal ties to Albert family members, a 2002 off-duty incident involving Chris Albert, scene security, witness separation, and blood-evidence handling. Lank acknowledged telling CPAC dispatch he did not know whether O'Keefe had been in a fight, yet testified that he did not believe probable cause supported a warrant to search 34 Fairview. Lank testified that the blood drops were secured in six Solo cups and a brown evidence bag; when shown photographs of a Stop and Shop bag, he said the visible side had no label or property number but could not determine its full labeling or sealing state. The day closed with Lieutenant Charles Rae beginning testimony about a vehicle shown parked at 1 Meadow Avenue by 8:23 a.m.; Rae said he did not inspect it.

Key Moments

Yannetti contrasts two face-sheet printouts—one with a snow-berm photo and a later one with a taillight image—and asks Goode whether he switched it or knew who did; Goode denies personally switching it and says he does not know. On redirect, Goode describes a possible supplemental-photo ordering explanation while disclaiming knowledge of the software's numbering.
Jackson confronts Lank with his dispatch statement that he did not know whether O'Keefe had been in a fight, then questions Lank about not seeking a warrant to search 34 Fairview; Lank testifies that he did not believe probable cause supported a warrant.
Jackson catalogs Lank's personal ties to three Albert brothers and the 2002 off-duty incident defending Chris Albert in which no Albert-connected parties were arrested.
Jackson questions Lank about photographs showing what appeared to be Solo cups in a Stop and Shop bag. Lank says the visible side showed no label or property number, but he could not definitively identify the cups or determine whether the bag was labeled or sealed elsewhere.
Lank confirms Jennifer McCabe entered 34 Fairview and that the house lights came on after other non-Albert-connected parties had left; Jackson uses that timeline to advance defense concerns about activity inside the house.

Notable Quotes

Michael Lank

“It looks like an evidence bag — it just doesn't say Canton police on it. It says Stop and Shop.”

Jackson used photographs of cups in a grocery bag to challenge evidence handling; Lank said the cups appeared similar but did not definitively identify them and could not determine the bag's full sealing or labeling state from the visible side.

Alan Jackson

“So when the only parties left at the scene are members of the Albert family, Jen McCabe, and the Canton Police Department representatives — that's when the lights inside 34 Fairview finally came on. Okay?”

Jackson used the timing of the interior lights coming on after other people had left to advance defense concerns about activity at 34 Fairview; Lank confirmed the timing, not the defense conclusion.

David Yannetti

“You never saw a piece of tail light at 34 Fairview on January 29th of 2022. Correct?”

Goode agreed that he had not seen a taillight piece at 34 Fairview on January 29; Yannetti used that answer while challenging a later report printout whose face sheet showed a different photograph.

Watch this day Day 6 — Goode (cont), Lank, Rae Watch with synced transcript →

Cross

Sean Goode David Yannetti

200 lines

Defense attorney David Yannetti resumes cross-examination of Sergeant Goode, first establishing a Canton PD key swipe system that requires scans for exterior entry and selected booking-area and sallyport movements; exterior exit does not require a scan. Stipulated key swipe records from January 29, 2022 are introduced. The bulk of the examination focuses on two printouts of Goode's police report face sheet: Exhibit P/43 with a berm photo and Exhibit Q/44 with a taillight-piece photo. Yannetti asks Goode about the differing photos, including whether he saw or photographed a taillight piece on January 29 and whether he personally switched the photo. Goode says he did not personally switch it and did not know who did. Later, Goode describes a possible explanation that later supplemental photos could change which photo appears first when a face sheet is printed, while saying he does not know how the software numbers photos.

Redirect

Sean Goode Adam Lally

42 lines

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.

Recross

Sean Goode David Yannetti

15 lines

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.

+1 procedural segment

Direct

Michael Lank Adam Lally

342 lines

ADA Adam Lally examined Canton PD Lieutenant Michael Lank about his actions on the morning of January 29, 2022, when he responded to 34 Fairview Road after learning a man had been found unresponsive in the snow. Lank described arriving at approximately 6:24 a.m., speaking with Jennifer McCabe, Sergeant Goode, and the homeowners Brian and Nicole Albert, and contacting the CPAC unit (Norfolk County DA's investigative division). He testified that Trooper Michael Proctor informed him CPAC would not respond to the scene. Lank described the use of a leaf blower to clear snow, revealing blood drops and a broken cocktail glass, which were collected as evidence. He also testified about returning to the scene on February 4, 2022, when Chief Berkowitz discovered a piece of red plastic in the vicinity of where O'Keefe had been found, which was photographed and secured by Trooper Bukhenik.

+1 procedural segment

Cross

Michael Lank Alan Jackson

721 lines

Defense attorney Alan Jackson cross-examined Canton PD Lieutenant Michael Lank in three main areas. First, Jackson established Lank's longstanding personal relationships with multiple Albert brothers — Chris, Tim, and Kevin — and revisited a 2002 off-duty incident involving Chris Albert. Second, Jackson used dash cam video to establish a timeline in which Jennifer McCabe entered 34 Fairview while Lank was on a phone call and the house lights came on after other non-Albert-connected parties had left; Jackson used that timeline to advance the defense's concerns about the investigation. Third, Jackson questioned Lank about investigative choices, including his limited entry into the house, the lack of a search warrant, witness interviews, photographs, electronic devices, crime-scene security, and collection of blood evidence in Solo cups. Lank testified that he never went beyond the foyer, that the area he observed appeared to be in order, and that he did not believe probable cause supported a search. Lank also testified that the blood drops were placed in six Solo cups and secured in a brown evidence bag. When later shown photographs, he said the cups appeared similar but he could not identify them definitively; he said the visible side of the Stop and Shop bag showed no label or property number, and he could not determine its full labeling or sealing state.

Redirect

Michael Lank Adam Lally

39 lines

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.

Recross

Michael Lank Alan Jackson

14 lines

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.'

Direct

Charles Rae Adam Lally

112 lines

ADA Lally calls Lt. Charles Rae, a 25-year Canton PD veteran and patrol shift commander. Rae testifies he arrived for day shift around 7:30 a.m. on January 29, 2022 and learned from outgoing Sgt. Sean Goode that an unresponsive Boston police officer had been found in the snow at 34 Fairview Road. After learning O'Keefe was guardian of two young children who might be home unattended, Rae and Sgt. Lank drove cruiser 682 to 1 Meadow Ave to conduct a well-being check. Cruiser camera footage (Exhibit 41) is shown depicting their arrival at approximately 8:23 a.m., the driveway with a vehicle parked in front, and Rae walking to the door. Lally specifically asks whether Rae had reason to inspect the vehicle — particularly the right rear passenger side — and Rae confirms he did not. The proceeding breaks for the day mid-testimony.

◀ Day 5 Trial 1 Day 7 ▶

Day 6 - May 7, 2024

Sean Goode — Cross/Redirect/Recross

Michael Lank — Direct

Michael Lank — Cross

Michael Lank — Redirect/Recross

Charles Rae — Direct (Part 1)