Charles Rae - Direct (Part 2) - Day 7

Seven witnesses trace John O'Keefe's final evening through two Canton bars, as the defense systematically builds a record of his loving relationship with Karen Read while the prosecution introduces Read's own pre-dawn texts — 'He's dead' and 'Last he was in the snow' — as evidence of guilty knowledge.

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Procedural Procedural - Motions

1 0:28

COURT CLERK: All persons having any business before the honorable Cannone, Justice of the Norfolk Superior Court, in and for the county of Norfolk, draw near and give your attendance. You shall be heard. The court is now open. You may be seated. 22-117, the Commonwealth versus Karen Read. Can I have counsel identify themselves, please?

2 0:49

MR. LALLY: Adam Lally for the Commonwealth. Good morning.

3 0:52

JUDGE CANNONE: Good morning, Mr. Lally.

4 0:54

MS. MCLAUGHLIN: Good morning. Laura McLaughlin for the Commonwealth.

5 0:56

JUDGE CANNONE: Good morning, Ms. McLaughlin.

6 0:58

MS. MCLAUGHLIN: Good morning, Your Honor.

7 1:00

MR. JACKSON: Alan Jackson for Miss Read.

8 1:02

JUDGE CANNONE: Good morning, Mr. Jackson.

9 1:03

MR. JACKSON: Good morning, Your Honor.

10 1:05

MS. LITTLE: Elizabeth Little, also for Miss Read.

11 1:07

JUDGE CANNONE: Good morning, Miss Little.

12 1:09

MS. LITTLE: Good morning, Your Honor.

13 1:10

MR. YANNETTI: David Yannetti for Karen Read.

14 1:12

JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Miss Read. Jones, this is better. It's a better start. I appreciate everybody being ready to start promptly today. I do have those three questions to ask you. Was everyone able to follow my 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 instruction and refrain from doing any independent research or investigation into this place? Everyone said yes or nodded affirmatively. Did anyone happen to see or read anything about this case since we left yesterday? Everyone said no. Okay. Thank you very much. We'll bring Lieutenant Rae in, please.

Direct

15 23:57

COURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

16 24:14

JUDGE CANNONE: Good morning. Okay. Whenever you're ready, Mr. Lally.

17 24:21

MR. LALLY: Thank you. Good morning, sir.

18 24:26

MR. RAE: Good morning, sir.

19 24:29

MR. LALLY: Picking up where we left off yesterday afternoon, Lieutenant — Miss Gilman, if I can have Exhibit 41 back up on screen. And, Lieutenant, we're about 2 hours, 10 minutes, and 58 seconds into this particular cruiser video. With respect to this video, if you could just remind the jury where we are and what we're looking at here.

20 25:23

MR. RAE: This is 1 Meadows Ave., Canton, Mass., John O'Keefe's residence.

21 25:28

MR. LALLY: And, Mr. K, if you could play this now. Lieutenant Rae, while this is up on the screen, if I could ask you — you've reviewed this video since the date of January 29th, 2022. Correct?

22 25:46

MR. RAE: Yes.

23 25:46

MR. LALLY: And using the laser pointer in front of you, if you could direct the jury's attention to what, if anything, you noted in regard to the rear area of the vehicle in front of your cruiser.

24 26:04

MR. RAE: This vehicle right here is Miss Read's vehicle. I believe that vehicle there is Mr. O'Keefe's vehicle. And — I didn't — although I didn't know it at the time, but I have since reviewed —

25 26:22

MR. YANNETTI: Objection. Move to strike.

26 26:24

JUDGE CANNONE: So let him finish his —

27 26:28

JUDGE CANNONE: You didn't know it at the time, but you have since —

28 26:31

MR. RAE: I have since reviewed this video, and I can tell that there is a —

29 26:36

JUDGE CANNONE: Okay. Objection sustained. You've got to ask the question differently.

30 26:39

MR. LALLY: Of course. Now, where is it — around the residence?

31 26:43

MR. RAE: We initially went up to one of the front doors — I believe it was the one on the right — and we knocked, rang the doorbell, knocked on the door, and were seeing if we could raise anybody and get any response.

32 26:57

MR. LALLY: And during the time that you were there, were you able to raise anybody and get anyone's response?

33 27:02

MR. RAE: No, sir.

34 27:03

MR. LALLY: And at some point subsequent to this, what, if anything, did you learn as to the whereabouts of the children at the time that you were at the residence?

35 27:13

MR. RAE: At approximately — after we left and weren't able to raise anybody, shortly thereafter we did find out that the children were staying with friends or family.

36 27:29

MR. LALLY: And, Lieutenant, if you know, approximately how long were you at the residence doing this well-being check?

37 27:40

MR. RAE: Five minutes, maybe 10 minutes.

38 27:43

MR. LALLY: Miss Gilman, if I could ask you to just bring the video forward to about 2 hours, 16 minutes, and 30 seconds. You can stop it there. Thank you very much. Now, with reference to that driveway area that was in front of your vehicle when you parked there, what, if anything, beyond sort of snow, ice, or things like that, did you notice within the driveway itself?

39 28:26

MR. RAE: Within the driveway itself, I noticed those two vehicles in the driveway.

40 28:32

MR. LALLY: Anything on the ground that you noted? Anything on the ground beyond snow?

41 28:39

MR. RAE: No, sir.

42 28:40

MR. LALLY: May I have just one moment?

43 28:43

JUDGE CANNONE: Sure.

44 28:43

MR. LALLY: Now, sir, with reference to the residence at 1 Meadows Ave., are you familiar with there being a security system or Ring video system at that residence?

45 28:58

MR. RAE: Yes. There is a Ring camera system at that residence.

46 29:03

MR. LALLY: And, subsequently, to this date, have you seen that Ring video?

47 29:09

MR. RAE: Yes.

48 29:09

MR. LALLY: Miss Gilman, if I could have Exhibit 5 — if I could have a video — now, Lieutenant Rae, what's up on the screen? Do you recognize that?

49 29:24

MR. RAE: Yes.

50 29:24

MR. LALLY: And what do you recognize that to be?

51 29:29

MR. RAE: I recognize that to be the driveway of 1 Meadows Ave., and myself and Sgt. Lank exiting our cruiser while in the driveway.

52 30:09

MR. LALLY: Miss Gilman, if you could play it through from there. Miss Gilman, if I can have the next video — [Exhibit 160] — for just a moment. Now, again, what's up on the screen, Lieutenant? Do you recognize that?

53 31:18

MR. RAE: Yes.

54 31:19

MR. LALLY: What do you recognize it to be?

55 31:30

MR. RAE: That's me entering — exiting the front of the residence, walking across the driveway.

56 31:53

MR. LALLY: Miss Gilman, if you could play through. Can I have Exhibit 5? And from that video, number 18, if you could just pause it.

57 31:53

PARENTHETICAL: [pause]

58 31:53

MR. LALLY: Lieutenant, you recognize what's picked up on screen now?

59 32:47

MR. RAE: Yes.

60 32:49

MR. LALLY: What do you recognize that to be?

61 33:00

MR. RAE: One of the front doors to Mr. O'Keefe's house. And I'm entering the frame on the left, coming —

62 33:30

MR. LALLY: If you could — okay. Thank you. Miss Gilman, if I could have the next video — Pause it there. Again, in addition to going to the front door and sort of the driveway area, where, if anywhere, are you going in this video now?

63 34:43

MR. RAE: It looks like I'm heading towards — from this vantage point, to the right, which, if you look at the house from the front, would be the left — to see if there's anything in plain view through the windows, if I could see anybody, any persons, any activity.

64 35:42

MR. LALLY: Miss Gilman, if you could press play. Thank you. You can take that down.

65 35:59

MR. LALLY: Mr. Officer, we can have light.

66 36:04

MR. LALLY: And, Lieutenant Rae, just lastly — once you left the residence at 1 Meadows, where did you go from there?

67 36:24

MR. RAE: I believe I went back to the police station.

68 36:32

MR. LALLY: Just one moment, Your Honor.

69 36:37

MR. LALLY: I have no further questions for this witness.

cross waived Charles Rae - Cross Waived

70 36:45

JUDGE CANNONE: Okay. Mr. Yannetti?

71 36:48

MR. YANNETTI: The defense has no questions.

Summary

ADA Lally resumes Lt. Charles Rae's direct examination from the previous day, picking up with cruiser video (Exhibit 41) showing the well-being check at 1 Meadows Ave. Rae identifies Karen Read's and John O'Keefe's vehicles in the driveway and testifies he knocked on the door and rang the doorbell for five to ten minutes but could not raise anyone. He later learned the children were staying with friends or family. Lally then introduces Ring doorbell video (Exhibits 5 and 160) showing Rae and Sgt. Lank arriving, walking the driveway, checking the front door, and looking through windows for any persons or activity. Rae confirms he noticed nothing on the ground beyond snow and saw nothing through the windows. The examination concludes with Rae stating he returned to the police station.

Direct Charles Rae (Adam Lally)

Legal Significance

Establishes through video evidence that Rae observed nothing unusual on the driveway ground or on the vehicles during the well-being check — relevant to when taillight damage and debris were first observable at the scene.

Examination Style

Adam Lally: Methodical walkthrough of video evidence, using multiple camera angles to corroborate the witness's account and establish what was and was not observable at the scene.

Key Quotes

"Within the driveway itself, I noticed those two vehicles in the driveway."
— Charles Rae When asked if he noticed anything on the ground beyond the vehicles, Rae says no — establishing no visible debris at that time.

"It looks like I'm heading towards — from this vantage point, to the right, which, if you look at the house from the front, would be the left — to see if there's anything in plain view through the windows, if I could see anybody, any persons, any activity."
— Charles Rae Shows the scope of the well-being check — Rae looked through windows but found no one.

"After we left and weren't able to raise anybody, shortly thereafter we did find out that the children were staying with friends or family."
— Charles Rae Resolves the well-being concern that prompted the visit — the children were safe.

Evidence Referenced

Cruiser 682 dashcam video
Ring doorbell video from 1 Meadows Ave.
Additional Ring doorbell video clip

Topics

well-being check at 1 Meadows Ave.identification of Read and O'Keefe vehicles in drivewayno debris or objects observed on driveway groundRing doorbell camera footage of officer arrivalchecking doors and windows for occupantschildren confirmed safe with friends or familyduration of well-being check (5-10 minutes)

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