Day 6 - May 7, 2024

Defense counsel continued cross-examining Sergeant Sean Goode about Canton Police key-swipe records and two versions of his report face sheet. The key-swipe records were marked only for identification pending redaction review. The court admitted a taillight photograph as Exhibit 42 and limited portions of the two face sheets as Exhibits 43 and 44. Goode confirmed that the face sheets bore the same report information but different photographs; he said the taillight photograph was not taken on January 29, 2022, that he had not seen a taillight piece that day, and that he did not know who added the later photograph. The court sustained objections to questions asking whether the later image would mislead a reader of the report.

On redirect, Sergeant Sean Goode testified that Christopher Albert was not a town selectman on January 29, 2022, described a 2009 hit-and-run investigation involving Tim Albert at 34 Fairview Road, and said snowfall worsened through the day. He also explained that a report face sheet is separate from the narrative and that later supplemental reports or added photographs could change what appears on a subsequently printed face sheet.

Defense counsel briefly questioned Sergeant Sean Goode about Tim Albert's earlier leaving-the-scene case, including the investigation's trail of fluid to 34 Fairview. When counsel asked whether the case was dismissed upon restitution, the court sustained the prosecution's objection and instructed jurors to disregard the question. Goode was then excused.

At sidebar, the judge told defense counsel that proposed material concerning an incident was not admissible and said the parties had not yet discussed what the court would admit. The court then asked whether the Commonwealth could call another officer rather than give the jury another break; after an assistant prosecutor stepped out to check, the judge sent the jurors out for five minutes for further discussion with defense counsel.

With the jury out, defense counsel described proposed questions for Sergeant Lank concerning an earlier fight, related complaints and reports, and the involvement of members of the Albert family. The judge allowed limited questioning about Lank's individual relationships with Chris Albert, Brian Albert, and Tim Albert, and about the earlier incident only as relevant to possible bias or favoritism. The judge excluded proposed inquiry into the Mobil gas station incident, a federal investigation, a lawsuit, and not-guilty outcomes, while leaving further questions subject to the testimony and the court's permission. Counsel was directed to alert the judge before beginning that line of questioning so she could instruct the jury.

Lieutenant Michael Lank described responding to 34 Fairview Road after a report that John O'Keefe had been found in the snow. He testified about speaking with Jennifer McCabe and the homeowners, contacting the state police, securing the scene in severe weather, and using a leaf blower to expose apparent blood drops and a cocktail glass. Lank described collecting the glass and blood, storing them at the Canton Police station, and later returning on February 4 when red plastic pieces were found near where O'Keefe had been discovered. The broken glass was admitted as Exhibit 45, and photographs of the plastic piece were admitted as Exhibits 46 and 47.

Defense counsel advised the court that questioning about a relationship and the related incident would begin immediately. The court then instructed jurors that evidence of a 2012 event could be considered, if credible, in assessing the witness's credibility, the investigation's thoroughness, and possible police bias or favoritism.

Defense counsel questioned Lieutenant Michael Lank about his relationships with Chris, Kevin, and Brian Albert, including a 2002 incident involving Chris Albert; Lank agreed that Canton Police's recusal reflected a perceived bias. Using dashcam video, counsel examined the initial response at 34 Fairview, including witnesses entering the home before interviews. Lank testified that he did not search beyond the front foyer, secure the home's interior, or separate the witnesses, and that the outdoor scene was open after 8:00 a.m. He also described collecting blood in Solo cups and said he could not definitively identify the cups shown in later photographs.

The judge instructed defense counsel to seek permission before displaying material on the courtroom screen, then recessed the jury while counsel addressed proposed photographs. Defense counsel sought to use photographs concerning Caitlin Albert and Katie McLaughlin; the Commonwealth argued that disclosure violated reciprocal discovery requirements and that the photographs did not establish the claimed inconsistency. The judge found a Rule 14 violation, ruled that the photographs were cumulative and not inconsistent, marked seven pages as Exhibit "S" for identification, and excluded them. The judge said additional photographs received over the weekend had unknown sources and no current basis for admission, directing counsel to question the witness first and permitting further argument before the witness testified.

Lank described a 2002 altercation involving Christopher Albert and Mark LoPilato, said it had no effect on his January 29, 2022 response, and clarified his observations during entries into 34 Fairview Road. He also said the weather remained severe and that the house's interior appeared in order during his third visit.

Defense counsel sought permission to ask Lieutenant Michael Lank whether people involved in a prior incident had been convicted and whether Lank had made a statement about making their lives miserable. The Commonwealth argued that the case's outcome was not relevant and that its redirect had responded to defense counsel's narrative. The court allowed the two proposed questions but directed defense counsel not to revisit further details of the incident.

On brief recross, defense counsel asked Lieutenant Michael Lank about the outcome of a prior incident involving the LoPilato brothers and suggested that he acted to protect an Albert family member. Lank agreed the brothers were not convicted in that matter, denied making the statement attributed to him, and said he acted to protect someone who had asked for help and was clearly afraid; he agreed that person was an Albert.

Lieutenant Charles Rae testified that he learned an unresponsive man had been found at 34 Fairview Road and that John O'Keefe and his girlfriend had been transported to the hospital. After learning that two children might be unattended, Rae and Sergeant Meehan went to One Meadows Ave. for a welfare check. The Commonwealth published a portion of Exhibit 41, showing cruiser 682 leaving the station and arriving at the residence; Rae said the officers were checking for the children and did not inspect the vehicle parked in the driveway.

After the prosecutor said only a few minutes of video and the Ring videos remained, the court recessed for the day, directed the lieutenant to return the next morning, and told jurors to report at 8:30 a.m.