Commonwealth v. Read — Trial ArchiveCurt Roberts — Direct/Cross/Redirect
426 linesWhereupon, CURT ROBERTS having been first duly sworn, was examined and testified as follows:
JUDGE CANNONE: Whenever you’re ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, sir.
MR. ROBERTS: Good morning.
MR. LALLY: Would you please state your name and spell your last name for the jury?
MR. ROBERTS: Curt Roberts, R-O-B-E-R-T-S.
MR. LALLY: And where do you live, sir?
MR. ROBERTS: Canton, Mass.
MR. LALLY: And how long have you lived in Canton?
MR. ROBERTS: About twelve years now.
MR. LALLY: And who, if anyone, do you live in Canton with?
MR. ROBERTS: I live with my wife and two children.
MR. LALLY: And your wife, what is your wife’s name?
MR. ROBERTS: Kerry.
MR. LALLY: And how long have the two of you been married?
MR. ROBERTS: We’ve been married 15 years.
MR. LALLY: And you mentioned you have two children; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: And how old are your kids?
MR. ROBERTS: My daughter is 14 and my son is 12.
MR. LALLY: And do you work sir?
MR. ROBERTS: I do.
MR. LALLY: And what do you do for work?
MR. ROBERTS: I’m a heavy equipment operator.
MR. LALLY: And about how long have you been doing that?
MR. ROBERTS: Twenty-six years.
MR. LALLY: And your wife, Kerry, does she work as well?
MR. ROBERTS: She does.
MR. LALLY: And what does she do for work?
MR. ROBERTS: She’s an executive assistant.
MR. LALLY: And do you know about how long she’s been doing that?
MR. ROBERTS: Probably about 18 years.
MR. LALLY: And if I could turn your attention to the evening of January 28th, 2022, do you recall that day?
MR. ROBERTS: I do.
MR. LALLY: And do you recall anything about what you were doing? Do you recall what day of the week it was?
MR. ROBERTS: I know it was a Friday night.
MR. LALLY: And, earlier in the day, do you recall anything specific about what you were doing that day?
MR. ROBERTS: No, nothing stands out.
MR. LALLY: And at some point in time in the evening where were you initially?
MR. ROBERTS: Excuse me?
MR. LALLY: So at some point at time in the evening were you at home?
MR. ROBERTS: Yes, I was at home.
MR. LALLY: And while you were at home who, if anyone, reached out to you?
MR. ROBERTS: Michael Camerano and John O’Keefe.
MR. LALLY: And starting with Michael Camerano, how do you know him?
MR. ROBERTS: I grew up with him, well, since sixth grade. We’re both from the same town, Milton.
MR. LALLY: So the two of you grew up in Milton together. You’ve known him essentially since then?
MR. ROBERTS: Yes.
MR. LALLY: And how would you describe sort of your relationship with Mr. Camerano?
MR. ROBERTS: We were friends.
MR. LALLY: And Mr. Camerano, does he have any children around the age of your two children?
MR. ROBERTS: Yes. He has, I believe, a 16-year-old daughter and a 12-year-old son.
MR. LALLY: And his son and your son, do they do any sort of activities together?
MR. ROBERTS: They did. They played baseball together.
MR. LALLY: Now, you mentioned John O’Keefe as well; correct?
MR. ROBERTS: Yes.
MR. LALLY: And how did you know John O’Keefe?
MR. ROBERTS: When his sister and brother-in-law passed, he moved into the house that they lived in in my neighborhood, and my wife knew him previously and introduced me.
MR. LALLY: And the house that he moved into with regard to where his sister and brother-in-law lived, where was that in relation to where you lived?
MR. ROBERTS: An eighth of -- like not far. Very easily walking distance. Not far.
MR. LALLY: And the house that Mr. O’Keefe moved into, who, if anyone, did he initially live there with when he moved in?
MR. ROBERTS: He moved in there with the two, his niece and nephew.
MR. LALLY: So his niece and nephew from the couple that has passed away?
MR. ROBERTS: Yes.
MR. LALLY: And he had a niece named ; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: And a nephew named ?
MR. ROBERTS: Yes.
MR. LALLY: And, with respect to his nephew , how old was he in relation to your son and Mr. Camerano’s son?
MR. ROBERTS: Same age.
MR. LALLY: And, as far as the activities, baseball and --
MR. ROBERTS: Baseball team, yeah.
MR. LALLY: So all three of the kids, you know, played baseball together for several years?
MR. ROBERTS: Yes.
MR. LALLY: Now, at some point did Mr. O’Keefe move away from that house that was close to you?
MR. ROBERTS: He did. He did.
MR. LALLY: And do you know where he moved to?
MR. ROBERTS: One Meadows.
MR. LALLY: And sort of from your house, where was that in relation to your house?
MR. ROBERTS: Probably two or three miles. A lot further away.
MR. LALLY: A lot further away. Sort of on the Stoughton side of Canton; is that correct?
MR. ROBERTS: That’s correct.
MR. LALLY: And do you recall about what year it was that he and the kids moved over to Meadows?
MR. ROBERTS: Maybe 2019, maybe. I’m not sure of that.
MR. LALLY: Now, at some point in the course through your knowing Mr. O’Keefe did you come to know someone by the name of Karen Read?
MR. ROBERTS: I did.
MR. LALLY: And when was it in relation to January 28th, 2022? About how long before that was it that you met Karen Read?
MR. ROBERTS: Probably a couple of -- maybe a year or two.
MR. LALLY: So about a year or two before?
MR. ROBERTS: Yes. I don’t have it exact. I don’t recall exactly.
MR. LALLY: Okay. Do you recall when it was that you first met her?
MR. ROBERTS: I think she might have came to my house maybe with John. Again, I --
MR. LALLY: Okay. Now, as far as -- what, if anything, did you know as far as the relationship between Ms. Read and Mr. O’Keefe?
MR. ROBERTS: I don’t understand.
MR. LALLY: Who was Ms. Read to Mr. O’Keefe?
MR. ROBERTS: Oh, girlfriend. Sorry.
MR. LALLY: That’s okay. Nothing is your fault. It’s entirely my questions. Okay? So with respect -- and just so we’re clear as far as who we’re talking about, do you see Ms. Read in the courtroom today?
MR. ROBERTS: Yes, I do.
MR. LALLY: If you could just identify as to where she’s seated or an article of clothing she’s wearing.
MR. ROBERTS: She’s seated right there (Indicating).
MR. LALLY: Your Honor, again, just ask the record reflect identification of the defendant by the witness.
JUDGE CANNONE: Yes.
MR. LALLY: Thank you.
BY MR. LALLY:
MR. LALLY: Now, as far as their relationship, and, by “they,” I mean Mr. O’Keefe and Ms. Read, is that something that you talked to Mr. O’Keefe about?
MR. ROBERTS: No.
MR. LALLY: And, sort of vice versa, as far as your relationship with your wife, is that something that you talked to Mr. O’Keefe about?
MR. ROBERTS: No.
MR. LALLY: Now, with regard to that particular evening, January 28th, 2022, you mentioned -- at some point did Mr. Camerano and/or Mr. O’Keefe reach out to you?
MR. ROBERTS: They did.
MR. LALLY: And what was that in regard to? What was that conversation?
MR. ROBERTS: They reached out. They were at McCarthy’s, a bar in Canton Center. They wanted me to come up. I was sick. No, I didn’t want to. I wanted to stay in because there was a storm coming. And he called me a pussy. Sorry. And I can’t let that happen, so I had to go.
MR. LALLY: Fair enough.
MR. ROBERTS: So I had to go up there.
MR. LALLY: And do you recall who it was that called you that?
MR. ROBERTS: It was Michael Camerano.
MR. LALLY: Let the record reflect. Okay. So you received that text and you go to C.F. McCarthy’s; is that right?
MR. ROBERTS: That’s right.
MR. LALLY: And you mentioned that’s in Canton Center?
MR. ROBERTS: Yes.
MR. LALLY: And about how far a drive is that from your house to C.F. McCarthy’s?
MR. ROBERTS: Two and a half, maybe three miles at best.
MR. LALLY: And do you recall about what time it was that you received that now infamous text and you go make your way to C.F. McCarthy’s?
MR. ROBERTS: Yes. It was about 20 past 8:00.
MR. LALLY: And is that a place that you had been to before?
MR. ROBERTS: Not often, but I have been there before.
MR. LALLY: When you arrive to C.F. McCarthy’s, who, if anyone, that you know is sort of there when you get there?
MR. ROBERTS: John O’Keefe and Michael Camerano.
MR. LALLY: And, if you could for the jury, just describe sort of what you know of sort the inside of C.F. McCarthy’s as far as you walk in the door and what is the layout of the bar.
MR. ROBERTS: Walk in the door, go to the left and the bar is right in front of you, a big square bar. Then the bathrooms are in the back and there’s tables off to the left.
MR. LALLY: And where in relation to the bar and the tables and what you’ve described were Mr. O’Keefe and Mr. Camerano when you arrived?
MR. ROBERTS: I walked in to the left. They were on my left.
MR. LALLY: And the area where you came up to and where they were, is that essentially sort of the same area that you and the group that you were with stayed in for most of the night?
MR. ROBERTS: Yes.
MR. LALLY: And, if you recall -- so you went out to a bar. Fair to say you had something to drink; correct?
MR. ROBERTS: Yes.
MR. LALLY: Do you recall what you were drinking that night?
MR. ROBERTS: I believe it was Bud Light.
MR. LALLY: And do you recall whether that was draft or a bottle or something else?
MR. ROBERTS: It was a bottle.
MR. LALLY: And is that sort of typically what you would drink when you go out?
MR. ROBERTS: Back then, yes.
MR. LALLY: And, with regard to Mr. Camerano and Mr. O’Keefe, do you recall what they were drinking that night?
MR. ROBERTS: I believe the same, the same as me, I think, I believe. I wasn’t much paying attention to that, but that’s what they normally would drink.
MR. LALLY: Your Honor, with the Court’s permission, if I could -- your Honor, with the Court’s permission, if I could publish to the jury portions of what’s been marked as Exhibit 50, the C.F. McCarthy video?
JUDGE CANNONE: Okay.
MR. LALLY: Now, Ms. Gilman, if I could ask for the second video and if I could ask you to push it forward to 34 minutes and 10 seconds, and if you could pause it there just for a moment?
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: Now, Mr. Roberts, directing your attention to the screen, what’s been marked as Exhibit 50. And, also, I believe there should be a laser pointer on the desk in front of you. So if you just click on that button and point it in a direction, you can sort of highlight things. So if I could ask you, first of all, do you recognize what’s depicted up on the screen as Exhibit 50?
MR. ROBERTS: Yes.
MR. LALLY: And what do you recognize it to be, sir?
MR. ROBERTS: I see John right there and Michael right there
(Indicating).
MR. LALLY: And does this appear to be consistent with your recollection as far as the interior of C.F. McCarthy’s on January 28th?
MR. ROBERTS: Yes.
MR. LALLY: And this area that you just pointed out to as far as where Mr. O’Keefe and Mr. Camerano is, is that the area where you just testified to they essentially were during the time that you were there?
MR. ROBERTS: Yes, it is.
MR. LALLY: Now, with respect to Mr. O’Keefe, you can see sort of what he’s wearing in this video; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: And the clothing, at least as far as you can see, is that the clothing that you observed Mr. O’Keefe to be wearing that night?
MR. ROBERTS: Yes, that was what he was wearing.
MR. LALLY: And, Ms. Gilman, if you could, I would ask just to play this from the 34-10 mark until 35.
(Whereupon, the video was played.)
MR. LALLY: If you could pause there just a moment.
(Whereupon, the video was paused.)
BY MR. LALLY:
MR. LALLY: The gentleman that just came in through the door, do you recognize him, sir?
MR. ROBERTS: Yes, I do.
MR. LALLY: And who do you recognize that to be?
MR. ROBERTS: That’s me.
MR. LALLY: So that was about the time that you arrived; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: Ms. Gilman, if you could just continue --
(Whereupon, the video was played.)
BY MR. LALLY:
MR. LALLY: Directing your attention still to the screen, Mr. Roberts, there’s another individual around yourself and Mr. O’Keefe and Mr. Camerano; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: And do you recognize who that person is?
MR. ROBERTS: At the time I didn’t know. He doesn’t look the same in this picture right now, but I believe it’s Sully.
MR. LALLY: And that’s someone at this time on January 28th you didn’t know who that was?
MR. ROBERTS: No.
MR. LALLY: You now do?
MR. ROBERTS: I do now, yes.
MR. LALLY: Okay. Who do you know him to be in relation to sort of yourself and Mr. Camerano and Mr. O’Keefe?
MR. ROBERTS: Well, I know him. His son played baseball on my son’s baseball team. I met him that night and we were talking.
MR. LALLY: So this would have been the first time that you had met this person you now know as Sully?
MR. ROBERTS: Yes.
MR. LALLY: Thank you, sir. Now, with reference to this evening, at some point who, if anyone else, would have came into the bar and joined your group?
MR. ROBERTS: Karen Read.
MR. LALLY: And that was sometime after you had initially arrived; is that correct?
MR. ROBERTS: I believe so, yes. It was after I had already been there, I believe.
MR. LALLY: And, Ms. Gilman, if I could, from the same exhibit but going to the fourth video down, if I could ask you to bring it up to 22 minutes and 20 seconds and if you could just pause it there?
(Whereupon, the video was played and paused.)
BY MR. LALLY:
MR. LALLY: Now, as far as Ms. Read, do you see Ms. Read in this video?
MR. ROBERTS: Yes, I do.
MR. LALLY: And if you could, just using that laser pointer, direct the jury’s attention to where you see Ms. Read?
MR. ROBERTS: Right there (Indicating).
MR. LALLY: Now, Mr. Roberts, you were, fair to say, a little reluctant to come out that evening; is that correct?
MR. ROBERTS: That’s correct.
MR. LALLY: And, as far as timing, about how long was it that you stayed at C.F. McCarthy’s before you left?
MR. ROBERTS: I’d say a good hour.
MR. LALLY: So about an hour or so?
MR. ROBERTS: I was home by about 10:00 or 10:15, I was home.
MR. LALLY: And, if you recall, about how many beers did you have while you were there?
MR. ROBERTS: Probably three or four.
MR. LALLY: And what you were drinking, was that, as far as amount was concerned, was that the same, less, more so than sort of the other people that you were with?
MR. ROBERTS: Probably one more. I was thinking I was kind of drinking kind of fast because I was taking off.
MR. LALLY: So you may have lapped them by a round or something; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: Now, you mentioned what you and Mr. O’Keefe and Mr. Camerano were drinking. What, if anything, did you observe Ms. Read to be drinking at that time?
MR. ROBERTS: It was a clear glass with probably a lime in it. I’m assuming a vodka tonic maybe. I’m not positive what it was, but it was a clear glass of liquor.
MR. LALLY: And from your prior sort of interactions or socialization with Ms. Read, is that something that she would typically drink?
MR. ROBERTS: Yes, I’d say.
MR. LALLY: And about what time was it, again, that you left?
MR. ROBERTS: I think I left about 10:00 o’clock. It took me a few minutes to get home.
MR. LALLY: And, with regard to when you left, did you sort of announce that to anybody, or how did you --
MR. ROBERTS: I usually don’t, because then I’ll have to deal with it again. But I believe me and Michael Camerano, I believe, left about the same time. I might have been a minute or two before him.
MR. LALLY: So you sort of exit and just sort of leave. And then at some point of time around the time that you left Mr. Camerano left as well?
MR. ROBERTS: That’s right.
MR. LALLY: And, Ms. Gilman, from what’s up here as Exhibit 50, if I could ask you to just play from this point till about 22 minutes and 50 seconds.
(Whereupon, the video was played.)
MR. LALLY: Thank you, Ms. Gilman. You can take that down.
BY MR. LALLY:
MR. LALLY: So the camera kind of caught your goodbye; correct?
MR. ROBERTS: I believe so, yes.
MR. LALLY: So fair to say that was about the time that you left?
MR. ROBERTS: I would say.
MR. LALLY: And, with regard to -- during the time that you were at C.F. McCarthy’s with this group including yourself, Mr. O’Keefe, Mr. Camerano and Ms. Read, how would you describe sort of the general tone or demeanor of the group while you were there?
MR. ROBERTS: Very normal. Just friends out having some drinks. Nothing that stands out.
MR. LALLY: So no arguing, nothing like that?
MR. ROBERTS: No. No.
MR. LALLY: And, as far as the clothing that I asked you about with regard to what Mr. O’Keefe was wearing, when you were there that night did you notice anything as far as tears in the clothing or any dishevelment or anything like that?
MR. ROBERTS: No, I didn’t notice anything.
MR. LALLY: And, when you were there and you were talking to Mr. O’Keefe, what, if any, sort of injuries or anything about him did you note as far as his face or anything else that you could see?
MR. ROBERTS: Nothing.
MR. LALLY: Now, once you left, where did you go?
MR. ROBERTS: I went home.
MR. LALLY: And do you recall when you got home, I think you’ve already said it, but about what time is it that you got home?
MR. ROBERTS: I think 10:15, would be my best guess.
MR. LALLY: And when you got home who, if anyone else, from your house, from your family was there when you got there?
MR. ROBERTS: I believe my wife and kids were there. They were up in bed. They weren’t downstairs.
MR. LALLY: And at some point -- at some point did you go to bed that evening?
MR. ROBERTS: I did.
MR. LALLY: And about what time was that?
MR. ROBERTS: Probably -- I saw the snow start coming down. Probably 11:30, 12:00. Maybe midnight.
MR. LALLY: And about the time -- you mentioned that you had been aware that there was a storm coming; correct?
MR. ROBERTS: Yes.
MR. LALLY: And about the time that you went to bed around midnight or so what, if anything, did you observe? Did you look outside or see anything --
MR. ROBERTS: It was snowing. It was snowing.
MR. LALLY: And, in relation to that, what, if anything, could you hear while you were in the house or making your way to bed?
MR. ROBERTS: The wind was hitting the windows. You just knew there was a storm.
MR. LALLY: Now, you go to sleep with your wife; correct?
MR. ROBERTS: That’s correct, yes.
MR. LALLY: And at some point the next morning on the 29th what, if anything, is it that wakes you up?
MR. ROBERTS: A voice on my wife’s phone was yelling, like screaming frantically, and that woke me up. So I asked, you know, what is that.
MR. LALLY: And initially did you recognize that voice on your wife’s phone?
MR. ROBERTS: I didn’t recognize it. But I just couldn’t make out the words. It was just a screaming.
MR. LALLY: And could you hear anything as far -- you couldn’t make out the words --
MR. ROBERTS: I couldn’t make out the words.
MR. LALLY: -- screaming?
MR. ROBERTS: No. No.
MR. LALLY: And at some point did you recognize that voice or come to find out who was on the other end of the phone?
MR. ROBERTS: Yes, I did. It was Karen Read.
MR. LALLY: And about what time of the morning was that, if you know?
MR. ROBERTS: I’d say 5:00 o’clock would be a good guess.
MR. LALLY: And, as far as you wake up and you hear the screaming, what happened then?
MR. ROBERTS: My wife gets up. She starts getting all crazy and putting her clothes on and running out. I’m telling her not to go because the weather is pretty bad at that point. And, of course, she goes.
MR. LALLY: So she doesn’t listen to you and she continues to get dressed and go?
MR. ROBERTS: Yes.
MR. LALLY: And, when you say the weather was pretty bad at that point, can you expound upon that as far as what you saw?
MR. ROBERTS: It was snowing. It was very windy. It was snowing heavy.
MR. LALLY: And your wife, Kerry, did she say where she was going?
MR. ROBERTS: She said John is missing and I got to go -- I don’t know exactly what she said, where she was going.
MR. LALLY: Now, from the time that you initially sort of wake up around 5:00 a.m. or so to the screaming on the phone to the time that your wife, Ms. Roberts, leaves your house, how much time had elapsed between those two things?
MR. ROBERTS: By the time I woke up until she left?
MR. LALLY: Yes.
MR. ROBERTS: I’d say 15 minutes.
MR. LALLY: And when your wife leaves the house -- and she’s driving; is that correct?
MR. ROBERTS: She was.
MR. LALLY: And do you recall which car she took?
MR. ROBERTS: She took her car, the Ford Explorer.
MR. LALLY: And that’s an SUV; is that correct?
MR. ROBERTS: Yes.
MR. LALLY: And do you recall what color the Ford Explorer was?
MR. ROBERTS: It’s gray.
MR. LALLY: Now, after she leaves, when is the next time that you spoke to your wife?
MR. ROBERTS: She called me. She called me on the phone. I can’t really recall exact times now. She told me that they found John, he’s in the ambulance, they’re bringing him to the hospital, and she was going to get Mr. and Mrs. O’Keefe.
MR. LALLY: And, by Mr. and Mrs. O’Keefe, who did you understand that to be?
MR. ROBERTS: John’s parents.
MR. LALLY: And did you know John’s parents?
MR. ROBERTS: I did.
MR. LALLY: And did you know where they lived?
MR. ROBERTS: I did.
MR. LALLY: And where do they live?
MR. ROBERTS: In Braintree.
MR. LALLY: So your wife calls you and tells you that Mr. O’Keefe is in an ambulance and she’s going to Braintree to get his parents?
MR. ROBERTS: That’s right.
MR. LALLY: And after you heard that, what is it that you did next?
MR. ROBERTS: I believe I snowblowed the driveway, got it ready because I knew she’s going to come home.
MR. LALLY: So you’re trying to clear your driveway before your wife returns?
MR. ROBERTS: Yes. Yes.
MR. LALLY: Now, when you go out to clear the driveway at the time that your wife calls you, about how much snow was in the driveway at that point?
MR. ROBERTS: I’d say there was drifts of at least a foot or so. It was a lot. Tough to get the car in.
MR. LALLY: And, if you know, about what time was it that your wife returned home that day?
MR. ROBERTS: 8:00 o’clock. I don’t know exact time.
MR. LALLY: And, when you say 8:00 o’clock, you mean 8:00 o’clock in the morning or at night?
MR. ROBERTS: 8:00 a.m.
MR. LALLY: If I may have just one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: No further questions for this witness, Your Honor.
JUDGE CANNONE: Cross-examination.
MR. YANNETTI: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, sir.
MR. ROBERTS: Good afternoon.
MR. YANNETTI: Mr. Roberts, you and I have never met; correct?
MR. ROBERTS: Correct.
MR. YANNETTI: That night that you went out to C.F. McCarthy’s where you were sort of pressured or goated into going out, you did get a chance to observe John O’Keefe at the bar; correct?
MR. ROBERTS: I did, yes.
MR. YANNETTI: Did you ever see him wearing a puffy jacket?
MR. ROBERTS: No.
MR. YANNETTI: Did you ever see a puffy jacket around his chair that he was sitting in?
MR. ROBERTS: Not that I recall.
MR. YANNETTI: Did you ever see him holding a puffy jacket?
MR. ROBERTS: No.
MR. YANNETTI: Now, you noticed on the video, one of the last videos that Mr. Lally played for you, that prior to your making the Irish exit there you did have some interaction with Karen Read; correct?
MR. ROBERTS: I believe so, at the end.
MR. YANNETTI: You saw that the two of you were at one point face to face?
MR. ROBERTS: I did for a brief --
MR. YANNETTI: Yeah. It was, you know, maybe 10 or 20 seconds. Does that sound fair?
MR. ROBERTS: It does.
MR. YANNETTI: And, when you were face to face, you were looking at her and she was looking at you; correct?
MR. ROBERTS: Yes.
MR. YANNETTI: And there was some type of interchange between the two of you?
MR. ROBERTS: Maybe as we’re saying bye. I don’t recall.
MR. YANNETTI: Yeah. You probably don’t remember the specifics of what the conversation was, but there appeared to be some type of small conversation?
MR. ROBERTS: I saw it from the video, yes.
MR. YANNETTI: And, while you were speaking to her, you have no -- you had no indication that she was slurring her words in any way; correct?
MR. ROBERTS: I didn’t think so, no.
MR. YANNETTI: No. Her eyes didn’t appear to be bloodshot and glassy; correct?
MR. ROBERTS: Correct.
MR. YANNETTI: She wasn’t swaying or stumbling in any way; correct?
MR. ROBERTS: Correct.
MR. YANNETTI: She didn’t appear to be confused in her thinking or her speech?
MR. ROBERTS: She did not.
MR. YANNETTI: She appeared to be normal; correct?
MR. ROBERTS: Yes.
MR. YANNETTI: There was nothing about her demeanor or her interaction with you that would lead you to believe that she was under the influence of alcohol at that time?
MR. ROBERTS: No.
MR. YANNETTI: Okay. And during the time that you spent with them at the bar you didn’t see any evidence of any problems between Karen and John O’Keefe?
MR. ROBERTS: I did not.
MR. YANNETTI: No arguments or bickering or anything like that?
MR. ROBERTS: No.
MR. YANNETTI: Neither one of them was complaining about the other; correct?
MR. ROBERTS: Correct.
MR. YANNETTI: Were you able to see any of the affection between the two of them, either physically or with regard to what they were saying to each other?
MR. ROBERTS: I didn’t see any of that.
MR. YANNETTI: It sounds like you were more concentrated on --
MR. ROBERTS: I was talking to --
MR. YANNETTI: You were talking with Mike at the bar. Okay. All right. But you had known Karen or at least known of her and had some interactions with her for, I believe your testimony was, about a year or two?
MR. ROBERTS: Yes.
MR. YANNETTI: During that time there was some interaction with Karen at your house because there were pickups and drop-offs that had to be made?
MR. ROBERTS: Yes.
MR. YANNETTI: And you would see that, you know, Karen had been to your house when you were there, specifically to pick up your son; correct?
MR. ROBERTS: Yes.
MR. YANNETTI: How often would that occur?
MR. ROBERTS: I don’t recall. Not --
MR. YANNETTI: A handful of times?
MR. ROBERTS: Maybe.
MR. YANNETTI: And she would pick him up to either take him to school or sports or some activity; correct?
MR. ROBERTS: I think it was only for like baseball, I believe. I don’t arrange that stuff. My wife takes care of that. I don’t arrange for the pickups. Usually my wife does that, so I can’t tell you exactly what it was for.
MR. YANNETTI: No. I understand. I’m just getting the fact that you were present when these pickups occurred.
MR. ROBERTS: Yes.
MR. YANNETTI: And that would be because Karen was sort of shoveling, you know, either or to events; correct?
MR. ROBERTS: Correct.
MR. YANNETTI: And when there was an intersection specifically with regard to and your son, she would take both of them; correct?
MR. ROBERTS: Yes.
MR. YANNETTI: And, from your observations of Karen Read during, you know, that one or two years that you had come into contact with her, the contact you had was mainly surrounding what happened with the kids; correct?
MR. ROBERTS: Yeah, I would say.
MR. YANNETTI: And she appeared to be responsible; correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: The objection is sustained. Ask it differently, Mr. Yannetti.
MR. YANNETTI: Sure.
BY MR. YANNETTI:
MR. YANNETTI: She appeared to be caring toward the kids; did she not?
MR. LALLY: Objection.
JUDGE CANNONE: Overruled.
MR. LALLY: May we approach?
JUDGE CANNONE: Okay. Jurors, feel free to stand up and stretch.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: So, Your Honor, with this witness and with another witness, I'm certainly permissive when it comes to certain background, general things. But there is a specific motion in limine as to character evidence. And I think what we are getting here is a little bit closer to that, particularly as it becomes repetitive with every single witness that --
JUDGE CANNONE: He doesn't seem to have had much contact with her and you're sort of towards the end of what you've got with this, right?
MR. YANNETTI: Oh, yeah. I don't have much left at all, like one or two questions in this area, and that's it.
JUDGE CANNONE: To sort of offset any objection?
MR. YANNETTI: Yeah. I mean, I was going to end with the fact that, you know, she acted in a caring way in terms of these pickups. And she was sort of motherly duties that a mother would typically do, and that's it.
JUDGE CANNONE: Okay. It may open the door to character evidence. Okay? We'll see. If you think it does, you have to come to sidebar.
MR. LALLY: And the other, just as far as character goes, there was as motion in limine as far as a prohibition on good character.
MR. YANNETTI: I am not offering this as character evidence. I am offering it as evidence of the relationship that Karen had with John and her family. The allegation has been that things were blowing up and, you know, these types of acts do, you know, defend her against that.
JUDGE CANNONE: I think you've already got that. If that's your purpose, I think it's already been introduced.
MR. YANNETTI: Could the Court instruct the witness to answer that one question, whether she was caring towards the kids? If the answer is "yes," I end.
JUDGE CANNONE: Whether she appeared to be, not whether she was but she appeared to be.
MR. YANNETTI: Yes. That's fine. Yes.
JUDGE CANNONE: I am going to let that in and that's the end of the inquiry.
MR. LALLY: That's fine. Thank you.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: Just one question for you just to sort of alter the last question that I asked you. From your read on this, it appeared to you as though Karen was caring for the kids and caring about them; correct?
MR. ROBERTS: Correct.
MR. YANNETTI: Nothing further.
JUDGE CANNONE: Any followup, Mr. Lally?
MR. LALLY: Briefly.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Just one question, sir. As far as your observations of Ms. Read in regard to Mr. O’Keefe, in regard to the children, that was what you observed; correct?
MR. ROBERTS: That’s right.
MR. LALLY: And, so, as far as what, if anything, went on behind closed doors or in their relationship, you weren’t really privy to that?
MR. ROBERTS: I was not.
MR. LALLY: Nothing further.
JUDGE CANNONE: All right, Mr. Roberts, you are all set, sir.
MR. ROBERTS: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Ms. Rebecca Trayers to the stand.