Commonwealth v. Read — Trial ArchiveSean Goode — Cross/Redirect/Recross
428 linesP R O C E E D I N G S May 7, 2024
(Court in session at 9:22 a.m.)
(Defendant present. Jury present.)
COURT CLERK: 22-117, the Commonwealth versus Karen Read. Would counsel identify themselves for the record?
MR. LALLY: Adam Lally, for the Commonwealth. Good morning, Your Honor.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin, for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Good morning, Your Honor. Alan Jackson, for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Ms. Little.
MR. YANNETTI: Good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. Good morning, jurors. So I apologize for the delay this morning. What I'm going to start doing -- we don't want to keep you folks waiting. Sometimes there's traffic or other reasons that we are delayed. Rather than reporting at 8:20 in the morning, I'm going to let you report at 8:30. Okay. We'd rather you have us waiting than we have you waiting. I do have to ask you those three questions: Was everyone able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since you left yesterday? Everyone said no. Okay. Thank you very much. Could we have Sergeant Goode, please?
Whereupon, SEAN GOODE, Resuming having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Good morning.
MR. GOODE: Good morning.
JUDGE CANNONE: Are we all set?
MR. YANNETTI: May I proceed, Your Honor?
JUDGE CANNONE: Yes. CONTINUED CROSS-EXAMINATION
BY MR. YANNETTI:
MR. YANNETTI: Good morning, Sergeant.
MR. GOODE: Good morning.
MR. YANNETTI: Sergeant, you are familiar with the key swipe system at the Canton Police Department?
MR. GOODE: Yes.
MR. YANNETTI: Could you explain to the jury how that works?
MR. GOODE: So police officers are issued it looks like a credit card. I have it in my wallet. Anytime I enter or leave the police department, the exterior door going out the back, there is a key scan you put up to it to unlock the door to come in. When you leave, you don't have to do it. But, if you need to go into the booking area, you have to scan yourself in and out and, to get out of the sally port, you have to scan in.
MR. YANNETTI: Okay. Just try to keep your voice up --
MR. GOODE: Yes. Sorry.
MR. YANNETTI: -- so these last few jurors can hear you. How many officers on your department have those keys that can be swiped?
MR. GOODE: I would believe all of them.
MR. YANNETTI: Okay. And how many -- or strike that. Do you know how this information is stored at the Canton Police Station?
MR. GOODE: I do not. I don't know the software, but I believe it's recorded anytime we would come and go.
MR. YANNETTI: Okay. And you say you believe that it's recorded at the time that the information is obtained? In other words, somebody key swipes in and that information is stored, you believe, at the Canton Police Station?
MR. GOODE: I don't know the software. So I wouldn't be able to give you an educated response to that.
MR. YANNETTI: And do you, yourself, as a sergeant, have access to the key swipe data, or is that limited to certain officers at the department?
MR. GOODE: I don't believe I have access to that. I've never accessed it.
MR. YANNETTI: You've never accessed it. Okay.
MR. YANNETTI: Your Honor, we do have a stipulation between the parties if the Court will accept it to introduce the key swipe records from January 29th, 2022.
JUDGE CANNONE: Okay.
MR. YANNETTI: I would offer that as the next exhibit.
JUDGE CANNONE: Any objection, Mr. Lally?
MR. LALLY: No, Your Honor.
JUDGE CANNONE: Subject to redaction --
MR. YANNETTI: Yes. We have redacted them. The Court can certainly take a look to make sure we complied.
JUDGE CANNONE: Have you all agreed to the redactions?
MR. LALLY: May we approach just as to that, Your Honor?
JUDGE CANNONE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: So, Your Honor, I'm a little confused, but Ms. Little grabbed me right before. First, I apologize for my tardiness this morning. Ms. Little had referenced to me just before the Court came out that they had blacked out something to do with Tuey materials. I'm just a little confused on that.
JUDGE CANNONE: Okay. So I --
MR. YANNETTI: I'm not going to be showing these to the jury now. If there is an issue with redaction --
JUDGE CANNONE: All right. They can come in later.
MR. YANNETTI: Well, I'd like them admitted now, if I can, but subject to whatever redaction before the jury ever sees them.
JUDGE CANNONE: They will remain here. I'm not admitting them. I have some leeway on admitting exhibits.
MR. YANNETTI: Of course. I know.
JUDGE CANNONE: Especially on cross-examination.
MR. YANNETTI: I know
JUDGE CANNONE: Okay? So I'm not admitting them because we have to make sure all records are redacted. I have no doubt you'll be able to get them in, just not right now.
MR. YANNETTI: Okay.
JUDGE CANNONE: So we will mark this for identification.
(Whereupon, key fob swipe records were entered and marked Exhibit "R" for Identification.)
COURT REPORTER: Marked for identification, Your Honor.
MR. LALLY: Your Honor, I'm sorry.
(Whereupon, the sidebar conference continued.)
MR. LALLY: All I wanted to say is I don't know where those came from because I don't recall that being in the material.
JUDGE CANNONE: Okay. So let's get in with the evidence. We can discuss this.
MR. LALLY: Well, I believe it's already in one of the exhibit books as far as the copies that I got from Canton P.D. and I provided to counsel. But I don't know where that came from.
JUDGE CANNONE: Okay. So it's not in evidence. It's marked for identification.
MR. LALLY: Thank you.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: Okay, sir. So you recall when we broke yesterday I had broached the topic of whether your police report had been altered. Do you remember me asking you about that?
MR. GOODE: Yes, I do.
MR. YANNETTI: Now, given that I had raised that with you, after you left the stand and before you now took the stand today, did you go over your report?
MR. GOODE: My police report?
MR. YANNETTI: Yes.
MR. GOODE: Yes.
MR. YANNETTI: Were you looking for anything specifically?
MR. GOODE: No.
MR. YANNETTI: How long did you take to review that report between yesterday and today?
MR. GOODE: I scanned over it.
MR. YANNETTI: A few minutes?
MR. GOODE: Sure. Yes.
MR. YANNETTI: Have you spoken to anybody about your report?
MR. GOODE: No.
MR. YANNETTI: Nobody from the Canton Police?
MR. GOODE: No.
MR. YANNETTI: Do you recall that I had asked you about the fact that one name had not been completely spelled out in terms of the first name, right?
MR. GOODE: Yes.
MR. YANNETTI: And you had, I believe, indicated that Sergeant Lank was the one that altered that or added that to the report?
MR. GOODE: Not altered. So he was the one that got those names so when he entered his report, I believe he would enter those.
MR. YANNETTI: Okay. So he entered that into your report, correct?
MR. GOODE: Anybody writes a supplemental if you have the authorization, can enter who you speak to to add those names. I only spoke to Ms. Roberts, Ms. Read and Ms. McCabe that morning.
MR. YANNETTI: Okay. But the report has your name on it, correct?
MR. GOODE: Yes.
MR. YANNETTI: Did you speak to anybody from the prosecution, either Mr. Lally or Ms. McLaughlin or anybody else from that office about this issue?
MR. GOODE: No.
MR. YANNETTI: You would agree with me that it is important when you're writing a police report to be transparent, correct?
MR. GOODE: Yes.
MR. YANNETTI: You want to be clear, correct?
MR. GOODE: Yes.
MR. YANNETTI: You do not want to mislead the reader into believing something that is not true, correct?
MR. GOODE: Yes.
MR. YANNETTI: Could I see "P" and "Q" for Identification, please? Thank you, sir. May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I am showing you first "P" for identification. You identified that yesterday, correct?
MR. GOODE: Yes.
MR. YANNETTI: We went over with the jury the five bits of information that are up at the top of the report, starting with the incident number, correct?
MR. GOODE: Yes.
MR. YANNETTI: You had indicated again Incident 22-87-OF?
MR. GOODE: Yes.
MR. YANNETTI: Call 22-449?
MR. GOODE: Yes.
MR. YANNETTI: Date and time report, January 29th of 2022 at 6:08?
MR. GOODE: Yes.
MR. YANNETTI: And the report date and time was January 29th of '22 at 8:24 a.m., correct?
MR. GOODE: Yes.
MR. YANNETTI: Reporting Officer Sean Goode, correct?
MR. GOODE: Yes.
MR. YANNETTI: I'd like to show you now what has been marked "Q" for Identification, and you can hang onto "P" if you'd like. With regard to those bits of information -- oh, first of all, let me have you identify "Q" for Identification. I'm sorry.
MR. GOODE: Yes. I'm reading "Q."
MR. YANNETTI: Okay. What is "Q" for Identification?
MR. GOODE: Exhibit "Q."
MR. YANNETTI: Right. What is the actual document?
MR. GOODE: We call this a face sheet.
MR. YANNETTI: Okay. And, with regard to "P" for Identification, that's also a face sheet, correct?
MR. GOODE: Yes.
MR. YANNETTI: They appear to be nearly identical, correct.
MR. GOODE: Correct, except I'm looking at the top right corner. One says 1/30/2022 and the next would be 10/25/2022.
MR. YANNETTI: That is the print date of the report, correct?
MR. GOODE: Okay. I don't know.
MR. YANNETTI: So regardless of when those two face sheets had been printed, ignore that. With regard to the information about the incident number and the date of the report and the date of the incident and the reporting officer, those appear to be identical, correct?
MR. GOODE: Correct.
MR. YANNETTI: Now, with regard to "P" for Identification, which is the first report that you were shown, and you were shown that yesterday and now you have it in front of you, there is a photo on the right side of that report, is there not?
MR. GOODE: There is.
MR. YANNETTI: Do you know what that photo is of?
MR. GOODE: It looks like the scene probably a couple of days later when the snow had melted.
MR. YANNETTI: Okay. Does it look like a berm that was actually --
MR. GOODE: Exposed?
MR. YANNETTI: -- uncovered by the officers on scene the very first day?
MR. GOODE: Yes. Are we looking at "Q"?
MR. YANNETTI: No. At "P."
MR. GOODE: "P"? Yes. It looks like the berm.
MR. YANNETTI: All right. And then with regard to "Q" for identification, which again is the face sheet with the identical information, is there a different photo?
MR. GOODE: Yes.
MR. YANNETTI: What does that photo appear to depict, if you know?
MR. GOODE: It looks like the same area that Mr. O'Keefe possibly found, I believe.
MR. YANNETTI: All right. Those two documents, "P" for Identification and "Q" for Identification, those are actually your report, correct?
MR. GOODE: Correct. Can I explain?
MR. YANNETTI: Mr. Lally will, I'm sure, let you explain. At this point, I'm going to be asking the questions, if you don't mind.
MR. GOODE: Okay.
MR. YANNETTI: Your Honor, I would offer into evidence as full exhibits both "P" and "Q" for identification, just the face sheet.
JUDGE CANNONE: Is there an objection?
MR. LALLY: Yes, Your Honor.
JUDGE CANNONE: The objection is sustained.
MR. YANNETTI: Can we approach?
JUDGE CANNONE: Okay. Can I see those, please, Sergeant?
MR. GOODE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: I guess I'll hear the objection first.
JUDGE CANNONE: Go ahead with your objection.
MR. LALLY: I don't see how any of this is relevant, number one. Number two, as far as the -- it was already testified as to what it is. I don't understand why these need to be put in.
MR. YANNETTI: So this is going to be helpful to the jury. What I'd like to do -- and, Your Honor, with regard to police reports, Your Honor is 100 percent correct. Typically, you don't admit somebody's police report with a narrative and all of the hearsay that it contains. That's not what I'm looking to do here. And, in fact, if the Court only wanted to admit the top half of both of these forms, that would be fine.
JUDGE CANNONE: Also the "no crime involved." There is a lot of hearsay. So what you want is the pictures, Mr. Yannetti, right, that they're separate pictures?
MR. YANNETTI: But I think it's far more powerful if the jury sees that the information is identical. And, in fact, we can redact the "no crime involved." I don't need that. The other stuff is just -- I'm not offering it for the truth of the matter asserted. I am offering it to show that it matches and what I think it doesn't match. That's why it's relevant.
JUDGE CANNONE: But he said he didn't know why this had 10 --
MR. YANNETTI: No. He actually said he did. That's the print date.
JUDGE CANNONE: Well, you said, the print date, and he said, I guess. All right. Printed by whom? The police station or you guys?
MR. YANNETTI: No, not by us. This is a police document.
JUDGE CANNONE: So you just want these photos in to show that they are different?
MR. YANNETTI: Yes. But I want to show that they are part of the police report. They are part of an identical police report. I mean, the fact that there is, you know, the police logo, and it all looks official.
JUDGE CANNONE: All right. So I will let it in but I'm not going to allow you to publish anything on the screen because if this is indecipherable --
MR. YANNETTI: Well, we have ways of magnifying it.
JUDGE CANNONE: Exactly.
MR. YANNETTI: You can see it.
JUDGE CANNONE: But maybe that's for a later time. I will let you put in the top part after these are -- but "no crime involved" because that would be hearsay.
MR. YANNETTI: Right. Yes.
JUDGE CANNONE: So I'll let you put in the top third of each of these reports as is, and later we can see if we can -- if we can expand upon them.
MR. YANNETTI: Let me ask you this: Can we black out the "no crime involved" now with a Magic Marker and can I just show that, what the Court has in your hand right here, on a split screen?
JUDGE CANNONE: No, because I haven't yet seen the altered version of this. And, again, the jury gets the evidence right here. The jury doesn't get -- I don't know. Have you seen what this is?
MR. LALLY: Yes.
MR. YANNETTI: I believe you may have it on your desk right now. But I gave the actual exhibit.
MR. LALLY: I don't know.
MR. YANNETTI: I thought I saw it.
JUDGE CANNONE: Do you have the actual exhibit? Jurors, feel free to stand up and stretch. While Ms. Little is getting that, we need to still talk about Sergeant Lank and what exactly you intend to put in so that I can rule on exactly what I think.
MR. YANNETTI: Of course.
JUDGE CANNONE: What you would be allowed to put in.
MR. LALLY: Sure.
JUDGE CANNONE: Thank you, Ms. Little. Okay. Is this in evidence? I hate to say "this" without any reference to it.
MR. LALLY: Not that.
JUDGE CANNONE: Do you intend to put it into evidence?
MR. LALLY: Yes.
JUDGE CANNONE: So with that, if you intend to put this still into evidence, Mr. Yannetti, if you could -- and is this berm in evidence or --
MR. LALLY: It is.
JUDGE CANNONE: -- is this a different one? All right. So if you put that in first and then put these in, then I'll let you put it on the screen.
MR. YANNETTI: Okay. Thank you.
JUDGE CANNONE: Is there an objection to that, Mr. Lally?
MR. LALLY: I do have --
JUDGE CANNONE: To black out the --
MR. LALLY: As to the photographs, no objection to that. As far as the report or any part of the report, there is an objection to that.
JUDGE CANNONE: All right. So as to the top -- what is your objection?
MR. LALLY: Again, I think it comes into a bit of a dangerous territory in the sense that if counsel is going to try to suggest there is some sort of difference between the reports, then I think we almost enter into a realm of the entire report coming in.
JUDGE CANNONE: I think he said he's going to suggest that the reports are identical. The only change is this.
MR. YANNETTI: Correct.
JUDGE CANNONE: So let's make that clear. Okay?
MR. YANNETTI: Okay.
JUDGE CANNONE: All right. So the report is put on the screen. That has to be whited out and only this part can be shown.
MR. YANNETTI: Thank you.
JUDGE CANNONE: But you have to put that in first.
MR. YANNETTI: Okay.
JUDGE CANNONE: Your objection is noted, Mr. Lally. Ms. Little will give you that.
MR. YANNETTI: Mr. Lally? I'm sorry. Just to make sure there are no mistakes, it's been suggested to me, and I think it's probably a good idea, to cut this exhibit.
JUDGE CANNONE: Okay.
MR. YANNETTI: There is nothing else that's shown for sure when it's put on the screen.
JUDGE CANNONE: Wait. How are you putting it on the screen? I thought we already had it?
MR. JACKSON: I was going to suggest that -- Mr. Bates has the entire report. Because it's electronic, I don't want to take any chance to it accidentally be put up. If we just cut it, we can use it, use the ELMO. We've got an ELMO.
JUDGE CANNONE: Okay.
MR. JACKSON: Is that okay?
JUDGE CANNONE: Yes. So white it out and cut it.
MR. YANNETTI: And, just for the record, the "P" and "Q" exhibit stickers are above the point where we would cut it anyway.
JUDGE CANNONE: Keep them on it, because then that's when we will put the other, the exhibit number.
MR. YANNETTI: Correct. Thank you.
JUDGE CANNONE: All right.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Mr. Yannetti, do you have other questions you could ask --
MR. YANNETTI: I do. I'm just getting the exhibit that I need, Your Honor. I appreciate it. All right. While I'm waiting for that, may I approach?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: I have placed a photo before you, Sergeant Goode. Do you recognize what that depicts?
MR. GOODE: Yes.
MR. YANNETTI: What does it depict?
MR. GOODE: I believe that's a photo of a piece of a taillight.
MR. YANNETTI: Okay. And, when you say "a photo of a piece of a taillight," you're obviously referring to a piece of a taillight allegedly found at 34 Fairview in Canton?
MR. GOODE: Yes.
MR. YANNETTI: Now, that photo is the photo that is included in Exhibit "Q" for Identification that you previously saw, right? That's the second photo; is it not?
MR. GOODE: On the second face sheet that he gave me?
MR. YANNETTI: Yes.
MR. GOODE: Yes.
MR. YANNETTI: All right. And I'm showing you --
MR. YANNETTI: if I may approach again?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: -- what has already been marked Exhibit 20A. Do you recognize that?
MR. GOODE: Yes.
MR. YANNETTI: What do you recognize that to be?
MR. GOODE: That's the berm from that morning.
MR. YANNETTI: Okay. And Exhibit 20A is the photo that was in the first version of your report, which was "P" for Identification, correct?
MR. GOODE: Yes.
MR. YANNETTI: If I can take those back from you, sir?
MR. GOODE: Yes.
MR. YANNETTI: Your Honor, may I publish the two -- I'm sorry.
BY MR. YANNETTI
MR. YANNETTI: With regard to the first photo that you identified which was the piece of taillight that allegedly was found at 34 Fairview, that was a fair and accurate representation of that photo, correct?
MR. GOODE: Yes.
MR. YANNETTI: All right. May I offer that, Your Honor?
JUDGE CANNONE: There is no objection, Mr. Lally?
MR. LALLY: No, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, photograph was entered and marked Exhibit No. 42 in Evidence.)
COURT REPORTER: Exhibit 42.
MR. YANNETTI: I'm sorry. The exhibit number was?
COURT REPORTER: Forty-two.
MR. YANNETTI: Forty-two. Thank you. May I publish 20A and 42 separately for the jury, Your Honor?
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: 20A is, you've testified, the photo of the berm that was included in the first version of your police report which was "P" for Identification, correct?
MR. GOODE: Yes.
MR. YANNETTI: Let's put up 42, please. I'm sorry. Where is 42?
MR. GOODE: I don't have it.
MR. YANNETTI: Oh, you have it. No wonder. Thank you, Mr. McDonough.
BY MR. YANNETTI:
MR. YANNETTI: Okay. The exhibit sticker is upside down, but -- oh, there we go. That is the photo of the piece of taillight allegedly found at 34 Fairview that you have identified as Exhibit 42, correct?
MR. GOODE: Yes.
MR. YANNETTI: Now, having seen those photos, one was included in "P" for Identification and one was included in "Q" for Identification, correct?
MR. GOODE: Yes.
MR. YANNETTI: Which you previously identified as your report or report, I should say?
MR. GOODE: Yes.
MR. YANNETTI: All right.
MR. YANNETTI: Your Honor, I would offer the top portion of "P" and "Q" for identification as a full exhibit.
JUDGE CANNONE: Okay. There is no objection from the Commonwealth?
MR. LALLY: No.
JUDGE CANNONE: It will come in. When the jury actually gets it, we'll have it on the same 9x12 paper that everything else is. All exhibits go through Madam Court Reporter.
COURT REPORTER: "P" becomes 43.
JUDGE CANNONE: Jurors, I'm going to send you out for five minutes. Okay?
(Whereupon, the jury is escorted from the courtroom for a brief recess.)
JUDGE CANNONE: May I see those, Madam Court Reporter, please? Thank you. All right. So I thought you were going to cut them. Apparently, you probably don't have scissors. Let's get these that they're acceptable to go to the jury. I mean, this just came in with a whole report on there.
MR. YANNETTI: I'm sorry?
JUDGE CANNONE: This just came into evidence with a whole report, and that's not what you agreed to at sidebar.
MR. YANNETTI: Right. I guess we didn't have scissors. Because it's folded, all I was going to show to the jury is the part that --
JUDGE CANNONE: But these are now in evidence.
MR. YANNETTI: I understand.
JUDGE CANNONE: And that can't happen. So fix them. Do we have scissors, Mr. Clerk?
COURT REPORTER: Right here, Your Honor.
JUDGE CANNONE: So why don't you fix them. Run it through a copy machine. All right. We'll take a five-minute recess. Actually, this is probably a good time for me to say, and it's not just the defense, it's not just the prosecution, but we are taking an awful lot of these jurors' times. We are taking days and weeks. Let's not squander it by repetitive evidence or taking time like this that we shouldn't need to take. Okay? Let's move this case along. All right?
(Whereupon, a brief recess is taken.)
(Court resumes.)
(Defendant present. Jury present.)
MR. YANNETTI: Your Honor, could I have "P" and "Q" marked as the next exhibits in the trial?
JUDGE CANNONE: Okay.
(Whereupon, top portion of "P" for Identification is entered and marked Exhibit 43 in Evidence.)
(Whereupon, top portion of "Q" for Identification is entered and marked Exhibit No. 44 in Evidence.)
COURT REPORTER: "P" will be 43. "Q" will be 44.
MR. YANNETTI: And, with the Court's permission, I'd like to display these one above the other.
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: Sergeant Goode, you have previously testified about the details in these reports. You would agree that each of these reflects your report? It says (as read), "Reporting Officer: Sergeant Sean Goode"; correct?
MR. GOODE: Yes.
MR. YANNETTI: Each of these is page 1 of your report, correct?
MR. GOODE: Yes.
MR. YANNETTI: You've previously testified that you -- you called that the face sheet of the report, correct?
MR. GOODE: Yes.
MR. YANNETTI: Each of these has the identical incident number and call number, correct?
MR. GOODE: Yes.
MR. YANNETTI: The identical date and time reported, correct?
MR. GOODE: Yes.
MR. YANNETTI: The identical report date and time, correct?
MR. GOODE: Yes.
MR. YANNETTI: And, of course, the identical officer.
MR. GOODE: Yes.
MR. YANNETTI: Other than the print date of the face sheet of your report, one appears to be in January and one appears to be in October, the major change is the photo that's included on the face sheet, correct?
MR. GOODE: Yes. Can I explain why?
MR. YANNETTI: So that second photo with the piece of taillight that is included on the first page of your report, that photo is not from January 29th of 2022, correct?
MR. GOODE: Correct.
MR. YANNETTI: You never took a photo of a piece of taillight on January 29th of 2022, correct?
MR. GOODE: Correct.
MR. YANNETTI: You never saw a piece of taillight at 34 Fairview on January 29th of 2022, correct?
MR. GOODE: Correct.
MR. YANNETTI: Did you personally switch the photo on the face sheet of your police report?
MR. GOODE: No.
MR. YANNETTI: Do you know who did?
MR. GOODE: So whoever updated the report, their supplemental, you add photos.
MR. YANNETTI: In answer to my question, do you know the specific person from your department who altered the photo on the face sheet of your report?
MR. GOODE: I didn't take the supplemental report. So I don't know. I don't know who took the photo.
MR. YANNETTI: But, given that this is your report, you're the reporting officer. You are responsible for the content of that report, are you not?
MR. GOODE: From my report, yes, not other officers' supplementals to an investigation.
MR. YANNETTI: All right. But this is your report. This is the face sheet per the reporting officer, Sergeant Sean Goode; is it not?
MR. GOODE: Yes, on the face sheet.
MR. YANNETTI: All right. Now, would you agree with me that someone reading this report and seeing that the date and time of the report is listed as January 29th of 2022 at 8:24 a.m., that's when you wrote it, correct?
MR. GOODE: That's when I logged in, yes.
MR. YANNETTI: Somebody reading that and seeing a photo of a piece of taillight might believe that that photo is from the same date that you're writing a report, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. LALLY:
MR. YANNETTI: Do you think it's misleading to include a photo on the face sheet of the report when the report is dated January 29th, 2022 and the photo is not from that day, it's from sometime later?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: Is there anything on what is now marked Exhibit 44 on that face sheet that indicates the date and time that that photo on Exhibit 44 was taken?
MR. GOODE: No.
MR. YANNETTI: Is there anything on Exhibit 44, that face sheet of your report, that indicates that it applies to some supplemental report that was later filed?
MR. GOODE: No.
MR. YANNETTI: If I may have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: Nothing further. Thank you.
JUDGE CANNONE: All right. Please take the exhibit down and we'll keep that exhibit, Mr. Yannetti.
MR. YANNETTI: Oh, yes. Of course. We have two others, as well.
JUDGE CANNONE: The exhibits are to remain up here.
MR. YANNETTI: With the clerk.
JUDGE CANNONE: Yes.
MR. YANNETTI: All right.
JUDGE CANNONE: All right. Are you ready now Mr. Lally?
MR. LALLY: Thank you, Your Honor.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: So, Sergeant Goode, turning back to some questions you were asked yesterday in regard to Christopher Albert and whether or not he was a town selectman; is that correct?
MR. GOODE: Yes.
MR. LALLY: Okay. And he is currently; is that correct?
MR. GOODE: Yes.
MR. LALLY: And was he on January 29th of 2022?
MR. GOODE: No.
MR. LALLY: So he was elected to the board of selectmen subsequent to this date that you've been talking about on January 29th, 2022, correct?
MR. GOODE: Yes.
MR. LALLY: Now, the location where you were directed to where Mr. O'Keefe had been located just after 6:00 a.m., where was that in relation to the property line between 34 Fairview Road and the home next door?
MR. GOODE: If I had to guess, probably 10-12 feet to the property line.
MR. LALLY: Now, you were asked some questions about having been to that residence at 34 Fairview Road prior, and you indicated that you had been there years ago with Sergeant Lank; is that correct?
MR. GOODE: Yes.
MR. LALLY: And what was that in regard to, sir?
MR. GOODE: It was a hit-and-run investigation.
MR. LALLY: And who, if anyone -- so why were you at that residence at 34 Fairview Road?
MR. GOODE: So there was a call for a motor vehicle crash at the corner of Dedham and Washington Street, and the suspect vehicle had fled the scene. Officer Lank was my partner that day, that night. He followed the oil spill of the vehicle down Dedham Street, up Cedarcrest, all the way down to the intersection of Cedarcrest to Fairview. And the oil spill actually drove into 34 Fairview, where we found the vehicle.
MR. LALLY: And who, if anyone, did you -- through your investigation, who, if anyone, did you associate with operating that vehicle?
MR. GOODE: That would be Tim Albert.
MR. LALLY: And was Mr. Timothy Albert, was he charged in reference to that incident?
MR. GOODE: Yes, he was.
MR. LALLY: And do you know approximately when that was?
MR. GOODE: It was in 2009. I don't know the exact date but I know the year.
MR. LALLY: Now, as far as your report, you were asked a number of questions about that. I'm sorry. Before I get to that, you had testified earlier that when you were leaving the scene, there was an amount of snow that had piled on your windshield, correct?
MR. GOODE: Yes.
MR. LALLY: Okay. And, after leaving the scene, what, if anything, happened with the snowfall sort of throughout the course of the day, if you know?
MR. GOODE: Our windshield was completely covered. We had to take time to clear off the windshields. It had snowed considerably.
MR. LALLY: And then following that sort of throughout the course of the rest of the day and the afternoon, what, if anything, did you observe about the snowfall at that point?
MR. GOODE: It continually got worse.
MR. LALLY: Now, as far as your report is concerned, what you were shown and what you have seen, has there been any change as far as your narrative in reference to who you talked to, what they said, anything of that effect?
MR. GOODE: No.
MR. LALLY: Now, you've been asked a bunch of questions about what you called a face sheet. Can you explain to the jury sort of what a face sheet is and sort of how that comes into being?
MR. GOODE: The easiest way, it's the top sheet of the report. It's not the actual meat of the report. It just gives you the date and time. Usually if you can fit on the front of the sheet, the first party would be involved, if there was a suspect, defendant and that's it. It would be their name, date of birth, social security number, all of their personal information.
MR. LALLY: So as far as, as you were saying, sort of the meat of the report, it has no real relation to that, correct?
MR. GOODE: Correct.
MR. LALLY: Now, you were handed two exhibits or two parts of a report and you were told to ignore the date that they were printed, correct?
MR. GOODE: Correct.
MR. LALLY: And so what, if any, significance would the date that they were printed have in relation to what's on a face sheet?
MR. GOODE: So in this case, there was supplemental reports done after the 29th. So those reports were added to my initial report. You can add a supplemental narrative. So if that includes meeting new people, talking to other people or taking photos of anything you found, you would add that to our report, and it would be documented in a supplemental.
MR. LALLY: And you had offered, I believe, a couple times to explain to the jury sort of why a photo might be different from one face sheet when it's printed versus a subsequent date when the face sheet is printed. Can you explain to the jury at this time sort of why would that be different?
MR. GOODE: So when that face sheet was printed, if Photo No. 1 was the top photo and now there is a new photo added, that could be now the top photo on that face sheet when it was printed.
MR. LALLY: And how would that -- would that be something that someone would physically go in and do, or is that something that sort of within the system automatically occurs, if you know?
MR. GOODE: I don't know how the system numbers the photos. So we added our photos on January 29th. And then any photos subsequent to that were added. I don't know the software would put them, one through 20 or how many there were.
MR. LALLY: Nothing further, Your Honor.
JUDGE CANNONE: Thank you.
MR. YANNETTI: If I might, Your Honor.
JUDGE CANNONE: Very briefly.
RECROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: You had just talked about how Tim Albert was charged as you go through the investigation many years ago, correct?
MR. GOODE: Yes.
MR. YANNETTI: The evidence in that case, you would agree with me, was strong against Tim Albert for that crime, was it not?
MR. GOODE: For leaving the scene, yes.
MR. YANNETTI: Sure. Sergeant Lank was actually able to follow the trail of fluid from the accident scene right to 34 Fairview, correct?
MR. GOODE: Yes.
MR. YANNETTI: And Tim Albert admitted that he got nervous and left the scene, correct?
MR. GOODE: Correct.
MR. YANNETTI: All right. Now, despite the fact that he was charged, are you aware that the case was just flat-out dismissed upon restitution in court?
MR. LALLY: Objection. Move to strike, Your Honor.
JUDGE CANNONE: The objection is sustained.
MR. YANNETTI: Nothing further.
JUDGE CANNONE: Jurors, you are to disregard that. All right. You're all set, sir.
MR. GOODE: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Who is your next witness, Mr. Lally?