Commonwealth v. Read — Trial ArchiveMichael Lank - Direct
376 linesMR. LALLY: Yes, I call Sergeant Michael Lank to the stand.
JUDGE CANNONE: All right. Not yet — I'll see counsel inside. Back, please.
JUDGE CANNONE: It's important to the defendant's case. So tell me exactly, based on the voir dire yesterday, exactly what you hope to get into.
MR. JACKSON: Thank you, your honor. With regard to the voir dire yesterday, my intention is to closely mirror my questioning of Sergeant Lank — with my questioning of him on voir dire — in other words: the fact of the fight, the fact of Chris Albert's involvement in the fight, the fact of his getting involved in the fight, called officers to assist him, specifics of the allegations of the Lalito brothers as to his conduct, what they alleged he did, the part that he took in the fight, their subsequent release from the scene, going back into the Canton Police Department to file or lodge a complaint, the fact they were turned away for the complaint, there were subsequent police reports filed, and the —
JUDGE CANNONE: So I don't have those. You didn't send them to us?
MR. LALLY: We did — we got those last —
JUDGE CANNONE: It's okay. It's too late for the police reports. But go ahead and finish what you've got.
MR. LALLY: Right. Just so the court knows, we, as the court requested, provided those to the judicial assistant last night.
JUDGE CANNONE: Who's the judicial assistant? Yeah, Mr. — is this
MR. JACKSON: So basically — I don't have any interest in introducing the police reports. I just need the timing. In other words, there was the fight, the complaint, the police reports were filed after the complaint, and then they were charged after the police reports. And then the subsequent resolution of the matter. The fact —
JUDGE CANNONE: So what do you mean by subsequent resolution?
MR. JACKSON: They were adjudicated not guilty. And ultimately the subsequent witness intimidation request by Sergeant Lank was thrown out by the DA. With regard to what was brought up by Mr. Lally yesterday, I intend to include and elicit in my questioning of Sergeant Lank the issue concerning Tim Albert and the resolution of that issue.
JUDGE CANNONE: Well, Mr. Yannetti just did that.
MR. JACKSON: Well, he didn't, because the court struck it. It should not have been done — well, your honor — go ahead. Respectfully, the Commonwealth left the jurors with a misimpression, intentionally so. The last question was "and he was charged." That's true — he was charged. And then those charges were dismissed subsequent —
JUDGE CANNONE: — but this was specific. We should have — and it wasn't objected to. Right? So Mr. Lally's question wasn't objected to. All right. So is that the end of what you intend to get into?
MR. JACKSON: Yes.
JUDGE CANNONE: All right. Mr. Lally, do you want — you're objecting to all of this?
MR. LALLY: Yes, sure.
JUDGE CANNONE: Okay. Do you want to be heard specifically on anything?
MR. LALLY: No.
JUDGE CANNONE: All right. So what I'm going to allow you to get in is the relationship of Sergeant Lank with the Alberts. But keep in mind, Mr. Jackson, the Alberts are not all one entity. So you must do it individually. And simply because the witness had a relationship with Chris Albert doesn't mean that it has any bearing on favoritism or bias toward Brian Albert or Tim Albert. So you have to do them individually. I'll give you some leeway on the incident itself, but keep in mind the particulars of the fight isn't really what matters here. It's the fact of the fight and the intervention of Sergeant Lank on behalf of Chris Albert, as it's relevant to bias or favoritism. So if there are objections that you get beyond, you may be stopped.
JUDGE CANNONE: You can get when and where it happened, that it happened outside a bar, where the witness had been drinking. He did not acknowledge your "drinking buddy" comment, so you're not to specifically say that. What you just said you're going to outline is what you did yesterday, and that this occurred in Canton. The role, if any, he had in handcuffing or having the Lalitos put in custody, and the fact that Mark Lalito went to the Canton Police Department to file a report. What you cannot get into is the Mobil gas station incident, because I didn't hear anything yesterday that the conduct of Sergeant Lank had anything to do with the Alberts. I'm not convinced that it wasn't merely self-interest on his part. So that's out. That was 22 years ago.
JUDGE CANNONE: So you're not getting into the federal investigation, that he was sued. I'm not letting you get into the not-guilty because it's speculative — who knows why he was found not guilty, why they were found not guilty. You cannot get into that. There are all kinds of reasons people can be found not guilty. Whether I allow more depends on the testimony — the direct and the cross. So you are to go no further than that without leave of court. So the Commonwealth can then get into the animosity between the witness, Sergeant Lank, and Brian Albert because of the arrest of Tim Albert. But, Mr. Lally, if you open the door to something further, I need to be seen at sidebar before anybody can come and get into that. So Mr. Jackson, you did this in 10 minutes yesterday.
JUDGE CANNONE: I don't expect you to take two hours to do this. And just as an aside, again, let's not waste the jury's time with repetitive testimony.
MR. JACKSON: I don't intend to, your honor. I think I understand the court's parameters. The one thing I didn't hear the court say — but I think it was implied, and I want to make sure I'm clear — I can get into the fact that there was a complaint sought and then there were subsequent police reports filed, not the police —
JUDGE CANNONE: I didn't hear anything —
JUDGE CANNONE: ...yesterday about the — well, the police reports. I haven't seen them. So — that the complaint was sought, and that subsequent to that they were summonsed and had to go to court.
MR. JACKSON: And the dates of the police reports that were filed?
JUDGE CANNONE: You can say the dates without saying the police reports. So — he went into — they went into the station to file a complaint —
JUDGE CANNONE: They were told they couldn't file a complaint on those two days, right?
MR. JACKSON: Correct.
JUDGE CANNONE: And then — so the witness did testify that he filed a report, but it was that he had told his Sergeant the night before of this incident, and the Sergeant said you don't have to file a report until you come back, or something like that. So —
MR. JACKSON: I'll just ask: were the reports dated after the initial complaint was requested?
JUDGE CANNONE: I — that's okay. Okay. All right. I'll give you all a five-minute break, and then we have to get going.
JUDGE CANNONE: Court is back in session. You may be seated.
JUDGE CANNONE: So, Mr. Jackson, you'll just alert me before you begin that line of questioning, because I have an instruction.
MR. JACKSON: Of course.
JUDGE CANNONE: Okay. All right, Mr. Lally — your next witness, please.
MR. LALLY: Yes, the Commonwealth calls Sergeant Michael Lank to the stand.
COURT CLERK: [oath administered — audio unclear]
JUDGE CANNONE: Good morning. Okay. All right, Mr. Lally — whenever you're ready.
MR. LALLY: Thank you. Good morning, sir.
MR. LALLY: Could you please state your name and spell your last name?
MR. LALLY: And how are you employed, sir?
MR. LALLY: And how long in total have you been a member of the Canton Police?
MR. LALLY: And how long have you held the rank of lieutenant with Canton?
MR. LALLY: Now, prior to — well, let me ask you first — with reference to your responsibilities as a lieutenant, if you could explain to the jury just in general terms what are your duties and responsibilities as lieutenant.
MR. LALLY: And prior to working as a lieutenant, what was your role with Canton Police?
MR. LALLY: And how long were you a detective sergeant?
MR. LALLY: And during that time frame as a detective sergeant, what were your duties and responsibilities with regard to Canton Police?
MR. LANK: At that point, to oversee the detective bureau, ensure that all reports were issued to respective detectives and completed.
MR. LALLY: Now, you're also familiar with the role within the Canton Police of a sort of shift sergeant — is that correct?
MR. LALLY: And if you could explain to the jury sort of what are the differences between what a shift sergeant does and what a detective sergeant does.
MR. LANK: A shift sergeant's primary responsibility is to run the daily shift, give out sectors to each of the cars, and dispatch cruisers to appropriate areas, so forth.
MR. LALLY: And if I could turn your attention to the morning of January 29, 2022 — at some point after 6:00 a.m., did you receive a call in regard to a dispatch that your department had received?
MR. LALLY: And who, if anyone, called you around that time?
MR. LALLY: Do you know approximately what time Sergeant Goode called you?
MR. LALLY: And with reference to that call — the initial call from Sergeant Goode — what, if any, information did he relay to you at that time?
MR. LANK: Sergeant Goode stated that there was a gentleman found in the snow at 34 Fairview Road, and he was in very grave condition, and he brought it to my attention that he was also a Boston police officer.
MR. LALLY: And subsequent to that, through the course of your investigative work on this case, did you learn who that unresponsive male was?
MR. LALLY: And who did you learn?
MR. LALLY: And upon receiving that call, where did you go?
MR. LALLY: And if you know, about what time would you estimate that you arrived in the area of 34 Fairview Road?
MR. LALLY: And upon your arrival, who, if anyone else from your department, was there prior to you?
MR. LALLY: And when you arrived, beyond sort of the other officers from your department, what, if any, other activity, or what, if any, other persons did you observe?
MR. LANK: When I arrived, I observed that the ambulance was still there, there were multiple EMTs, and I observed some witnesses also.
MR. LALLY: And with respect to the ambulance — it's your understanding Mr. O'Keefe was in that ambulance?
MR. LALLY: Did you ever see Mr. O'Keefe —
MR. LALLY: And at some point, the other officers who preceded your arrival — did they direct you to where Mr. O'Keefe was found when they first arrived?
MR. LALLY: And where was that, sort of in relation to the property, if you recall?
MR. LANK: If you're looking at 34 Fairview Road, it was on the left side of the property, about 8 feet from the road.
MR. LALLY: And in that sort of general area, what, if any, sort of landmarks or other items in that area of the front yard did you observe?
MR. LALLY: And upon your arrival on scene, who was the first person that you spoke to?
PARENTHETICAL: [unclear]
MR. LALLY: — so after you spoke with Miss McCabe for eight or nine minutes, who, if anyone else, did you speak to at that time?
MR. LALLY: And you had some conversation with him — is that correct?
MR. LALLY: And then, following talking to Sergeant Goode, who, if anyone else, did you speak to?
MR. LALLY: And where was it, in relation to the scene, that you first spoke to Jennifer McCabe?
MR. LANK: I believe I spoke to Jennifer McCabe right in front of marked Cruiser 683, which was assigned to Officer Saraf.
MR. LALLY: And about how long a conversation was that initially with Miss McCabe?
MR. LALLY: And in addition to Miss McCabe, what, if any, other sort of civilians did you observe in that area around that time?
MR. LANK: I observed Kerry Roberts, and I don't recall seeing anybody else at the scene while I was focused on Miss McCabe.
MR. LALLY: Now, with respect to Jennifer McCabe —
MR. LANK: So after I spoke with Miss McCabe, I believe I was able to then contact the CPAC unit.
MR. LALLY: And what is the CPAC unit?
MR. LANK: CPAC unit is the investigative division for the Norfolk County District Attorney's Office.
MR. LALLY: Why did you contact them?
MR. LANK: Because I was made aware at some point that it did not appear that Mr. O'Keefe was going to survive, and I wanted them to be aware of the situation.
MR. LALLY: And did they respond?
MR. LALLY: Now, with reference — is that sort of a typical protocol, or what, if any, sort of typical protocol would you have responding to a scene of this nature?
MR. LANK: Yes. Any sort of scene where it appears that the person is not going to survive, we would contact State Police CPAC unit.
MR. LALLY: And why is that?
MR. LALLY: So they have jurisdiction over all unattended deaths — is that correct?
MR. LALLY: Correct. Now, once you — do you recall if anyone you spoke to on that first call or notification to CPAC?
MR. LALLY: And what, if any, subsequent calls did you have with regard to CPAC while you were on scene?
MR. LALLY: And from your conversation with Trooper Proctor, what was your understanding as far as their response to the scene?
MR. LANK: So at that point in time, Trooper Proctor informed me that they would not be responding.
MR. LALLY: I don't know what that noise is, but if I could just ask you to repeat your last response, because frankly I didn't —
MR. LANK: Yes — in speaking to Trooper Proctor, he advised me at that point that they would not be responding.
MR. LALLY: And did he inform you as to why?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Now, when you arrived on scene, what, if anything, did you note as far as the weather conditions?
MR. LANK: The weather conditions were extremely poor — there were high winds, heavy snow, and freezing temperatures.
MR. LALLY: Now, you mentioned when you first arrived on scene, Mr. O'Keefe is in the back of that ambulance — is that correct?
MR. LALLY: And when was it that the ambulance left in relation to when you arrived?
MR. LALLY: Now, as far as injuries to Mr. O'Keefe — if anyone relayed any information in regard to that?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Now, as far as — following your conversation with Miss McCabe, what were sort of the next steps that you took?
MR. LANK: After I spoke to Miss McCabe, I advised her that we were going to need to speak with the homeowners. She said that they were probably sleeping. I advised her that we were going to need to speak with them, and that's when I placed the call
MR. LALLY: ...to the uh CPAC unit. And prior to that, when you were on the scene, had you seen anyone uh come in or go out of uh the residence at 34 Fairview Road?
MR. LALLY: And um, as far as sort of the other houses on the street, what if any activity did you observe with reference to any residents of those homes coming in and going out of their homes?
MR. LALLY: Following your initial call to uh CPAC and conversation with Trooper Proctor, uh what is it that you did next once that call was complete?
MR. LANK: Uh, Sergeant Goode and I observed that there was now a light on in the house at 34 Fairview, and we made the decision to then go in and speak with the homeowners.
MR. LALLY: And um, how was it that you sort of proceeded up to the home?
MR. LANK: I believe uh — I don't recall if we used the — I believe we used the driveway, but I'm not 100% sure.
MR. LALLY: And uh, which door did you use to enter the home?
MR. LALLY: When you entered in through the main door, what — if you could describe to the jury sort of what you observed as far as what was before you from a layout perspective.
MR. LANK: Uh, there was a staircase right in front of us, and to the right it entered into like what appeared to be like a dining area.
MR. LALLY: And who if anyone did you speak with inside the home that morning?
MR. LALLY: And what if any relationship to the home did you determine based on your conversation?
MR. LALLY: Now, Brian Albert — is that someone that you knew prior to January 29th, 2022?
MR. LALLY: And how did you know him?
MR. LALLY: And uh, did you know some of the other Albert brothers?
MR. LALLY: And, let me ask you this, Sergeant — where did you grow up?
MR. LALLY: And how long have you lived in Canton?
MR. LALLY: Um, so essentially since you were 5 years old you've lived in the town, correct?
MR. LALLY: You work in the town, correct?
MR. LALLY: Um, do you have children?
MR. LALLY: Um, any of them play sports?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained. Strike that.
MR. LALLY: Uh, what if any other — sort of, uh, other than living and working in the town, what if anything else is it that you do around the town?
MR. LALLY: And how long have you done that for?
MR. LALLY: And how would you describe your relationship with Brian Albert prior to January 29th, 2022?
MR. LALLY: Are the two of you friends, do you socialize?
MR. LALLY: Now, in addition to Brian Albert and Nicole Albert, who if anyone else — where did you speak to them?
MR. LALLY: And uh, how would you describe their demeanor when you were speaking to them?
MR. LANK: They appeared — especially Mr. Albert appeared disheveled, looked like he had just woken up.
MR. LALLY: And about how long a conversation was it between Brian Albert and Nicole Albert, that initial time?
MR. LALLY: And uh, beyond that, if anyone else did you see uh within the home besides yourself and Sergeant Goode?
MR. LALLY: Are you uh familiar with a gentleman named Brian Higgins?
MR. LALLY: And uh, how are you familiar with him?
MR. LANK: Uh, I met Brian uh when he was stationed at our police station. I don't know how many years ago it was, but uh he was assigned to our building years ago. That's how I met him.
MR. LALLY: And assigned in what capacity — what I mean by that is, what did he do?
MR. LALLY: And uh, did you see Mr. Higgins at any point in time during the time that you were at Fairview Road that morning?
MR. LALLY: So sometime after, is that correct?
MR. LALLY: And when about was that?
MR. LALLY: And we'll get to that in a moment. But um, after your conversation uh with Brian Albert and Nicole Albert inside the house, what is it that you did — could you repeat that please. After talking to the homeowners, what was your next step on scene that day, what did you do next?
MR. LANK: After speaking with uh the family, I came out. By that point uh Lieutenant Gallagher was on scene, and I spoke with Lieutenant Gallagher as to what we were going to do next as far as uh the scene itself.
MR. LALLY: And to that end, what if anything did you or the other officers do with regard to sort of security of the scene?
MR. LANK: So we had uh put up some crime scene tape to try to protect the scene, but it was — it was a futile effort — because of the wind. Uh, but there were marked patrol cars in front of the yard at all times, so the scene was fairly secure at all times.
MR. LALLY: And then with relation to uh the scene or the area that your attention was directed to as to where Mr. O'Keefe had been found, uh what if anything did you do with reference to that area?
MR. LANK: Uh, I stood by and observed while Lieutenant Gallagher used a leaf blower to try to clear the top layers of snow off of the scene.
MR. LALLY: And at some point in time — well, that particular process, was that memorialized in any way?
MR. LALLY: Okay. And how was it done?
MR. LALLY: I'm sorry — beyond that, was there any sort of photos or video that were taken of that leaf blower process?
MR. LANK: Yes. Uh, Sgt. Goode was able to take video while Lieutenant Gallagher used a leaf blower.
MR. LALLY: You've seen that video, is that correct?
MR. LALLY: And what's contained in that video — is that a fair and accurate portrayal of sort of what happened on scene at that point?
MR. LALLY: Now in addition uh to — well, let me ask you this. As far as the leaf blower was concerned, what was sort of the purpose of that, or what was the thinking behind that?
MR. LANK: The purpose behind the leaf blower was to just take the top layers of snow off to reveal what was underneath, and try to preserve any uh potential evidence.
MR. LALLY: And uh, upon employing that, what if anything did you then observe in that area of the front lawn?
MR. LANK: Ultimately we were able to see what appeared to be blood drops in the snow, as well as a drinking glass, cocktail glass.
MR. LALLY: Now in addition uh to the video that was taken with regard to the leaf blowing process or the use of the leaf blower, um, were there photos that were taken of the scene as well?
MR. LALLY: And um — Miss Gilman, if I could have exhibit number 27 shown to Lank. Uh, what's up on the screen, that's been previously marked as exhibit 27 — do you recognize that?
MR. LALLY: And what do you recognize it as?
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: So I'm handing you a — basically very simple, just press on that button. Okay. Thank you. Sergeant Lank, with using that laser pointer, uh if you could draw the jury's attention to what if anything of significance you observe in this photograph in relation to what you saw on scene at that time.
MR. LANK: So it appears you can see uh blood drops here in the snow that had been revealed by wiping away the top layer, as well as uh the glass protruding from the snow.
MR. LALLY: Thanks. I'm just going to — you can take that. Now at any point in time when you were on scene, uh did you have any contact or interaction with a person named Karen?
MR. LALLY: Um, did you see her on scene at all that day?
MR. LANK: I — I don't recall seeing her. I believe she was there while I was there, but I — I never spoke to her.
MR. LALLY: Now following uh your initial conversation inside the home of 34 Fairview with Brian Albert, Nicole Albert, and speaking to Jennifer McCabe outside, if anyone else did you speak with uh that arrived on scene that morning?
MR. LALLY: And uh, when was it uh that Matthew McCabe arrived in relation to your arrival and when you spoke to the other people?
MR. LANK: Matthew McCabe arrived just a couple of minutes after I had walked out of the house the first time.
MR. LALLY: And uh, so when he arrived, where did you go?
MR. LALLY: And about how long a conversation was it that you were in the house when you were speaking to Mr. McCabe?
MR. LALLY: And over the course of that morning, about how many times did you go into uh the residence at 34 Fairview Road?
MR. LALLY: Anyone ever tell you that you couldn't go into the hall, or that stopped you with the doorway, or anything like that?
MR. LALLY: And uh, with reference to inside of the home, what if any observations uh did you make of sort of how the home was situated — anything disheveled or anything like that?
MR. LALLY: And just — what if any relationship does uh Matthew McCabe have to Jennifer?
MR. LALLY: Now turning back to uh what was just up on the screen in exhibit 27, um with regard to those items that you observed in the front lawn that day, uh what if anything did you or the other officers do with respect to those items?
MR. LANK: Uh, the drinking glass uh was secured into an evidence bag, and the uh the blood drops were secured into six uh Solo cups.
MR. LALLY: And um, why, why were they secured into six Solo cups?
MR. LANK: We did the best that we could with the situation — with the deteriorating weather situation. Uh, Lieutenant Gallagher was able to uh obtain the uh Solo cups from Lieutenant [unintelligible]'s house, which was diagonally across the street.
MR. LALLY: Now with respect to the uh the — the CPAC unit and the phone call that you made to the state police — beyond sort of the jurisdiction of them having unattended deaths and things of that nature — what, if any, other assets do the state police have at their disposal with regard to crime scenes?
MR. LALLY: Now, with respect to those items once they were secured — just in reference to the Solo cups — beyond sort of just putting them into Solo cups, what if anything else did you or the other officers do to secure those items specifically?
MR. LALLY: And following them being secured, where did they go from there?
MR. LANK: They were then — excuse me — they were then placed into my truck, my police truck that I was using that day, and ultimately transported back to the police station — transported back to the police station by me.
MR. LALLY: And once you were back at the police station with those items, what if anything did you do with them at that time?
MR. LANK: They were secured into temporary evidence — in the refrigerated unit for the Solo cups — and the glass was secured into temporary evidence.
MR. LALLY: And so when you say temporary evidence, why were they secured into
MR. LANK: Temporary evidence? They were secured into temporary evidence so that they could ultimately be turned over to the state police.
MR. LALLY: And as far as when you secure something into temporary evidence — just in general terms — what is it that you do with that item to secure it, or label it, or anything else?
MR. LANK: So it's assigned a property number, and we would print out a property label, and then that's assigned — it's assigned to the O number, which is the report.
MR. LALLY: The O stands for offense, is that correct?
MR. LALLY: So each report that you generate has a specific number with an O following it?
MR. LALLY: And then that number is associated with the evidence that you secure, correct?
MR. LALLY: Now, with reference to that evidence — whether it's temporary evidence or otherwise — what if any restrictions are there with regard to access to those items within your department?
MR. LALLY: — but to officers from your department, correct?
MR. LALLY: And following that, are you aware — what if anything are you aware of — what happened with those items after you secured them into temporary evidence?
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: So I'm handing you a box. Do you recognize
MR. LALLY: And what do you recognize that to be?
MR. LALLY: And is that a box that you've seen earlier today?
MR. LALLY: And with reference to what's contained within the box, have you seen that this morning as well?
MR. LALLY: With the Court's permission, I would ask that the witness be allowed to take what's in the box out of the box.
JUDGE CANNONE: Okay.
MR. LALLY: Sir, just for the record — you have some evidence gloves with you in court today, is that correct?
MR. LALLY: Sorry, sir, before you go into that — just with reference to the bag that you have before you, what if any markings are on that that relate to your case number?
MR. LANK: So there is a case number assigned to us — 22-87F — and there is a property number 22-18PR, and it's listed as broken drinking glass.
MR. LALLY: And have you seen the item contained within that bag earlier this morning as well?
MR. LALLY: And what you observed within that bag — is that the piece of the cocktail glass that you observed on the front yard area of 34 Fairview Road on January 29, 2022?
MR. LALLY: Your Honor, with the Court's permission I would ask that the witness be allowed to take it out of the bag and display it to the jury.
JUDGE CANNONE: Okay.
MR. LALLY: Thank you, sir. You can place it back in. May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: I seek to introduce and admit as the next exhibit.
JUDGE CANNONE: Yes.
MR. LALLY: Now, Sgt. Lank, once you were back at the police station, what if any call did you receive from anyone in regard to what happened — if anyone called you once you were back at the station?
MR. LALLY: And where did you go following that phone call with Jennifer McCabe?
MR. LALLY: So this is now the third time that you've gone back and gone inside the residence at 34 Fairview Road, is that correct?
MR. LALLY: And who if anyone did you speak with — along with yourself and Lieutenant Gallagher — once you returned there that morning?
MR. LALLY: About how long a period of conversation was that — the second conversation that you had with McCabe?
MR. LALLY: And then following that, where did you go from there?
MR. LALLY: Now, I'd like to turn your attention to February 4th of 2022. Were you working on that day?
MR. LALLY: And in the same capacity that you had described earlier?
MR. LALLY: And at some point — approximately 8:50 a.m. or so — who if anyone called you?
MR. LALLY: And where did he direct you to go during the course of that conversation?
MR. LANK: Lieutenant — excuse me — Lieutenant Gallagher directed me to go back to 34 Fairview Road and meet with Chief Berkowitz, as he had possibly discovered more evidence.
MR. LALLY: And in the time between January 29th and February 4th, had you gone back to 34 Fairview Road at any point?
MR. LALLY: Now, between that time of January 29th, 2022 and February 4th of 2022, what if anything occurred in regard to the weather in between those days?
MR. LALLY: And increased — if you know — approximately how much?
MR. LALLY: So well above freezing, is that correct?
MR. LALLY: And with regard to the snowfall that had come from the 28th and the 29th — just in general — well, not in general — specifically at 34 Fairview Road — what if anything did you observe between the snow that you observed there on the 29th and the snow that you observed there on February 4th?
MR. LALLY: And when you arrived at 34 Fairview Road on February 4th, what if anything did you observe and where?
MR. LANK: Chief Berkowitz brought my attention to a piece of red plastic that was about 6 to 8 feet into the yard.
MR. LALLY: And before we get to that — as far as when you responded, who if anyone else from your department responded along with you?
MR. LALLY: And the pieces of plastic — did you observe where they were in relation to where you had observed — or where you had been directed — where Mr. O had been found on January 29th?
MR. LALLY: Now, with respect to those pieces of plastic that you observed, what if anything did you do to memorialize where they were?
MR. LALLY: And did you or anyone in your presence touch, manipulate, or move those pieces of plastic in any way?
MR. LALLY: And at some point after you arrived on scene, who if anyone did you contact in regard to securing those items?
MR. LALLY: And if you know, about how much time elapsed between the time that you contacted CPAC?
MR. LALLY: And when Trooper Bukhenik arrived on scene, what if anything did you observe him do with those pieces of plastic?
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: So I'm showing you two photographs — ask you just briefly to look them over and look up when you're finished. Do you recognize those, sir?
MR. LALLY: What do you recognize in those photographs?
MR. LANK: I recognize this to be the piece of plastic that Chief Berkowitz had observed on that morning.
MR. LALLY: Those are the photographs that you took that morning as well, is that correct?
MR. LALLY: What's contained in those photographs — is that a fair and accurate portrayal of what you observed on February 4th, 2022?
MR. LALLY: I'll seek to introduce and admit as the next exhibit. Exhibit 46 admitted. And Miss Gilman, if I could have the first of those photographs up on the screen. Lieutenant Lank, do you recognize what's pictured on the screen currently?
MR. LALLY: And this is sort of a further-out image of that plastic you were talking about, is that correct?
MR. LALLY: Using the laser pointer before you, if you could just draw the jury's attention to where — the photograph — observe that. Thanks, Miss Gilman. The next photograph. And sir, you again recognize what's up on the screen?
MR. LALLY: Thanks. I'm just going — you can, you can —
MR. LALLY: If I may have just a moment?
MR. LALLY: Nothing further, Your Honor. Okay. Mr. Jackson?