Nicholas Kolokithas — Direct/Cross/Redirect/Recross

22 5:31:38

MR. LALLY: And do you work, sir?

23 5:31:39

MR. KOLOKITHAS: Yes, I do.

24 5:31:40

MR. LALLY: And what do you do for work?

25 5:31:41

MR. KOLOKITHAS: I’m an attorney.

26 5:31:42

MR. LALLY: And how long have you been practicing as an attorney?

27 5:31:45

MR. KOLOKITHAS: Twenty-seven years.

28 5:31:47

MR. LALLY: And does your wife work?

29 5:31:48

MR. KOLOKITHAS: Yes, she does.

30 5:31:49

MR. LALLY: And what does she do for work?

31 5:31:50

MR. KOLOKITHAS: She’s a pharmacist.

32 5:31:53

MR. LALLY: Now, if I could turn your attention to the evening of January 28th, 2022, do you recall that date?

33 5:32:01

MR. KOLOKITHAS: Yes, I do.

34 5:32:01

MR. LALLY: Were you working that day?

35 5:32:03

MR. KOLOKITHAS: I was.

36 5:32:04

MR. LALLY: And were you working in the office, remotely, or --

37 5:32:07

MR. KOLOKITHAS: We were hybrid. I was working remote that day.

38 5:32:11

MR. LALLY: Now, as far as that evening was concerned, what, if anything, were the plans and, so, what did you do that evening?

39 5:32:17

MR. KOLOKITHAS: Sure. My older daughter was on the Canton High basketball team, so we were planning to go -- I was planning to go to the basketball game and I did go to the basketball game.

40 5:32:27

MR. LALLY: And where was the basketball game, if you recall?

41 5:32:29

MR. KOLOKITHAS: Canton High School.

42 5:32:31

MR. LALLY: And your daughter at that point, which team did she play for?

43 5:32:36

MR. KOLOKITHAS: She was coming off an injury and she was playing for both the JV and the varsity team.

44 5:32:41

MR. LALLY: So she was sort of swinging between JV and varsity?

45 5:32:43

MR. KOLOKITHAS: Correct.

46 5:32:44

MR. LALLY: And, so, what time were each of the games that evening?

47 5:32:48

MR. KOLOKITHAS: God. I think the JV was around 5:00 or so and the varsity 6:30-6:45.

48 5:32:55

MR. LALLY: And do you recall who they were playing?

49 5:32:57

MR. KOLOKITHAS: Foxborough High.

50 5:32:59

MR. LALLY: And, when you arrived to the game, as far as -- where is it that you typically sit when you go to a basketball game at Canton High?

51 5:33:11

MR. KOLOKITHAS: There was a group of five parents or so, including us. We generally sat together most of the games.

52 5:33:18

MR. LALLY: And who, if anyone else, was among those parents that you sat with?

53 5:33:24

MR. KOLOKITHAS: Specifically?

54 5:33:24

MR. LALLY: Yes.

55 5:33:25

MR. KOLOKITHAS: The McCabes, the Fitzgeralds, Galleries, and Tom Beatty.

56 5:33:30

MR. LALLY: And these are people you know as sort of parents of other children that are on the team?

57 5:33:34

58 5:33:35

MR. LALLY: And, as far as that particular -- is that who you sat with on this occasion, if you recall?

59 5:33:45

MR. KOLOKITHAS: I believe so.

60 5:33:46

MR. LALLY: And, your wife, did she come to one or both games?

61 5:33:49

MR. KOLOKITHAS: She came to the second game, the varsity game.

62 5:33:52

MR. LALLY: And about what time did that game get over?

63 5:33:55

MR. KOLOKITHAS: The varsity game?

64 5:33:56

MR. LALLY: Yes.

65 5:33:58

MR. KOLOKITHAS: It went into overtime. It was a back and forth game. It was later than usual.

66 5:34:04

MR. LALLY: And do you recall who won?

67 5:34:07

MR. KOLOKITHAS: We lost. Foxborough.

68 5:34:09

MR. LALLY: Now, following that, following the basketball game, where did you go from there?

69 5:34:17

MR. KOLOKITHAS: As usual, we waited for our players to come out, our daughters to come out. And the same group of parents were deciding if we should continue, go out somewhere and get something to eat. I was hungry. Anybody who knows me doesn’t get between me and my food. So I was very hungry, so I wanted to get something to eat.

70 5:34:38

MR. LALLY: And where did you decide to go?

71 5:34:40

MR. KOLOKITHAS: Went to the Waterfall.

72 5:34:42

MR. LALLY: And is that somewhere that you had been before?

73 5:34:44

74 5:34:45

MR. LALLY: Now, with regard to the Waterfall, as far as the other parents were concerned, what, if any other, parents from the ones that you described, as far as the ones you sit with at the game, who, if anyone else, went?

75 5:34:54

MR. KOLOKITHAS: Jennifer and Matt McCabe.

76 5:34:57

MR. LALLY: And how was that sort of -- was that communicated to you, as far as in person, via text, a phone, or how did you come to the Waterfall?

77 5:35:06

MR. KOLOKITHAS: It was via text.

78 5:35:08

MR. LALLY: And, so, you get a text from? Who specifically is directing you to sort of go to the Waterfall?

79 5:35:13

MR. KOLOKITHAS: So it was a group text amongst the five sets of families. And different ideas were bantered about in the group text, and I decided to go to the Waterfall.

80 5:35:28

MR. LALLY: And when you get to the Waterfall, being familiar with the establishment, where is it that you parked in reference to the Waterfall?

81 5:35:36

MR. KOLOKITHAS: I parked behind Washington Street. There’s a small little parking lot. Waterfall shares a parking lot with other establishments and I believe condos. I parked in back.

82 5:35:45

MR. LALLY: And about what time did you get there, if you know?

83 5:35:47

MR. KOLOKITHAS: I got there right around nine-ish, a little bit before 9:00, 9:00 o’clock.

84 5:35:53

MR. LALLY: And who, if anyone else, from that group of parents besides yourself and the McCabes went to the Waterfall that night, if you know?

85 5:36:00

MR. KOLOKITHAS: So I walked in. There was a large table probably eight to ten feet long. In addition to Jen and Matt McCabe, there was Jen’s sister, Nicole Albert; her husband, Brian Albert; Brian’s brother, Chris Albert; and his wife, Julie. And there were others that I was just introduced to for the first time, so I don’t remember or recall their names, but they were also at the table as well.

86 5:36:24

MR. LALLY: And, so, as far as the other sort of basketball parents, were any of them there as well, beyond the McCabes?

87 5:36:29

MR. KOLOKITHAS: Beyond the McCabes, no.

88 5:36:31

MR. LALLY: And, as far as the other people who didn’t have the last name McCabe, how did you know any of those people, or did you know any of those people?

89 5:36:41

MR. KOLOKITHAS: At the Waterfall?

90 5:36:42

MR. LALLY: Yes.

91 5:36:43

MR. KOLOKITHAS: I had met -- I met Nicole, Brian, Chris and Julie prior, I think, at basketball games or other events, so I knew them through the McCabes, through Jen.

92 5:36:56

MR. LALLY: And the McCabes had a daughter on the basketball team as well?

93 5:36:59

MR. KOLOKITHAS: They had one of their daughters on the team at the time, yes.

94 5:37:02

MR. LALLY: And when it came to the McCabes, Mr. and Mrs., what are their names?

95 5:37:07

MR. KOLOKITHAS: Jennifer and Matt McCabe.

96 5:37:09

MR. LALLY: How long have you known Jennifer and Matt McCabe?

97 5:37:12

MR. KOLOKITHAS: About nine or ten years ago we met.

98 5:37:17

MR. LALLY: And at some point during the course of the evening did your wife join you at the Waterfall as well?

99 5:37:24

MR. KOLOKITHAS: She did.

100 5:37:24

MR. LALLY: Fair to say you took separate cars; is that correct?

101 5:37:28

MR. KOLOKITHAS: We did, yes.

102 5:37:28

MR. LALLY: And about how long after you arrived did your wife, Karina, arrive?

103 5:37:32

MR. KOLOKITHAS: I want to say it was about a half hour or so. It was around 9:30 she arrived.

104 5:37:37

MR. LALLY: Now, with reference to this table that you were referencing about eight to ten feet long -- is that correct?

105 5:37:41

MR. KOLOKITHAS: Correct.

106 5:37:41

MR. LALLY: And was this is high-top, low-top? What kind of table was that?

107 5:37:44

MR. KOLOKITHAS: It was a high-top table towards the bar end of Waterfall. I don’t know if it was the last table or second to last table right before you hit the bar.

108 5:37:53

MR. LALLY: And, as far as the people that you’ve described, the people that you knew or didn’t know, where were they sort of situated around the table?

109 5:38:00

MR. KOLOKITHAS: When I first walked in, I saw Matt since he was the person I was most familiar with, then Jen. Matt was standing towards the right side of the table as you’re walking in, towards the right side. So I went to the right side of the table.

110 5:38:11

MR. LALLY: And is that essentially where you stayed for the balance of most of the night?

111 5:38:15

112 5:38:16

MR. LALLY: And your wife, when she arrived, where did she go in reference to the table?

113 5:38:20

MR. KOLOKITHAS: Initially she came to me, said hello. I think she picked from my food. And then she gravitated, I believe, towards the left side of the table where more of the women were located.

114 5:38:32

MR. LALLY: And at some point following that was there anyone else that you knew or were aware of that came into the bar?

115 5:38:40

116 5:38:40

MR. LALLY: And about what time was that?

117 5:38:43

MR. KOLOKITHAS: Shortly before 11:00 or right around 11:00.

118 5:38:46

MR. LALLY: And who was that?

119 5:38:47

MR. KOLOKITHAS: It was John O’Keefe and Karen Read.

120 5:38:51

MR. LALLY: And these are people that you were familiar with prior to that date?

121 5:38:54

122 5:38:55

MR. LALLY: And, just to be clear, when we’re talking about Karen Read, do you see Ms. Read in the courtroom today?

123 5:39:00

MR. KOLOKITHAS: I do.

124 5:39:01

MR. LALLY: And could you describe just as to where she’s seated or an article of clothing she’s wearing?

125 5:39:05

MR. KOLOKITHAS: She’s seated at the table to my right, second person in from the right.

126 5:39:08

MR. LALLY: I’d just ask the record reflect identification of the defendant by the witness.

127 5:39:12

128 5:39:13

MR. LALLY: Thank you.

129

BY MR. LALLY:

130 5:39:13

MR. LALLY: Now, how did you know John O’Keefe?

131 5:39:17

MR. KOLOKITHAS: John O’Keefe had adopted his niece and nephew. His niece is the same age as my younger daughter and they were playing basketball together. They’ve been friends for years. I got to know John through my daughter.

132 5:39:31

MR. LALLY: Now, as far as Ms. Read, when was it that you met her and when was it that you became sort of aware of her?

133 5:39:37

MR. KOLOKITHAS: Sure. I believe it was towards the end of the summer of 2020. I dropped my daughter off at John’s place on Meadows. Karen was there. That’s the first time I met her. That was 2020.

134 5:39:53

MR. LALLY: And, with reference to yourself and your wife as a couple and Mr. O’Keefe and Ms. Read, how often would you sort of see them?

135 5:40:05

MR. KOLOKITHAS: As couples, not too often. I would see John on a weekly basis during the basketball season, sometimes multiple times a week during the basketball season, but as couples maybe a couple of times we had seen them.

136 5:40:18

MR. LALLY: So fair to say most of your interaction with them would be at sort of sporting events or things for the kids?

137 5:40:24

138 5:40:24

MR. LALLY: Now, as far as on that evening, obviously, you went out, you had something to eat. Did you have anything to drink as well?

139 5:40:36

MR. KOLOKITHAS: I did.

140 5:40:37

MR. LALLY: And do you recall sort of what you were drinking that night?

141 5:40:40

MR. KOLOKITHAS: Captain and Coke.

142 5:40:42

MR. LALLY: And, as far as John O’Keefe, do you recall sort of what he was drinking that night?

143 5:40:46

144 5:40:47

MR. LALLY: And what, if anything, do you recall him drinking?

145 5:40:49

MR. KOLOKITHAS: Beer.

146 5:40:49

MR. LALLY: And is that sort of typical for Mr. O’Keefe?

147 5:40:52

MR. KOLOKITHAS: From the occasions we happened to be out on events like that, yes.

148 5:40:55

MR. LALLY: Now, as far as Ms. Read, what, if anything, did you observe her to be drinking at the Waterfall?

149 5:41:03

MR. KOLOKITHAS: She was holding a cup, a glass with clear liquid.

150 5:41:09

MR. LALLY: And what was your understanding of what was in the cup with the clear liquid?

151 5:41:14

MR. KOLOKITHAS: I don’t know what was in there. I don’t know if it was water or an alcoholic drink. I don’t know for sure.

152 5:41:33

MR. LALLY: Now, as far as the sort of general demeanor and atmosphere within the bar that night, how would you describe that?

153 5:41:44

MR. KOLOKITHAS: Generally, it was a fun atmosphere. There was a live band. Everybody was in a good mood. People were singing to some of the music. So it was a fun atmosphere.

154 5:41:56

MR. LALLY: And, specifically, you didn’t observe anything as far as arguing or anything between Mr. O’Keefe and Ms. Read; is that correct?

155 5:42:03

MR. KOLOKITHAS: That is correct, I did not.

156 5:42:04

MR. LALLY: And you didn’t observe anything as far as arguing or anything between anyone at the bar that night; is that correct?

157 5:42:10

MR. KOLOKITHAS: That is correct, I did not.

158 5:42:13

MR. LALLY: And, as far as Mr. O’Keefe was concerned, do you recall what he was wearing when he was in the bar?

159 5:42:26

MR. KOLOKITHAS: Yes. He had a dark baseball cap, jeans, sneakers, and some type of top, a longer sleeve top.

160 5:42:38

MR. LALLY: At any point in time you observe him to have a winter coat or a jacket or anything like that?

161 5:42:43

MR. KOLOKITHAS: Not that I recall.

162 5:42:44

MR. LALLY: And, as far as his clothing was concerned, what, if anything, did you observe as far as the condition of that? Were there any tears or anything in his clothing?

163 5:42:53

MR. KOLOKITHAS: No tears. Nothing unusual with the clothing.

164 5:42:55

MR. LALLY: And, as far as Mr. O’Keefe himself, what, if any, injuries did you observe on him at that time that you saw him at the bar?

165 5:43:04

MR. KOLOKITHAS: I didn’t observe any injuries.

166 5:43:07

MR. LALLY: Now, as far as -- prior to them coming into the Waterfall, do you have any idea sort of where they were coming from?

167 5:43:16

MR. KOLOKITHAS: Yes, I do.

168 5:43:17

MR. LALLY: And how did you know that?

169 5:43:19

MR. KOLOKITHAS: I knew through Matt McCabe. Matt had said that they were at Waterfall, at C.F. McCarthy’s and they were heading over for the live band and they were coming over.

170 5:43:29

MR. LALLY: As far as the live band was concerned, about how loud was it in the Waterfall during that time?

171 5:43:34

MR. KOLOKITHAS: It was fairly loud.

172 5:43:40

MR. LALLY: Now, towards the end of the night what, if any, discussion did you observe or were you a part of as far as sort of anywhere people were going afterward?

173 5:43:51

MR. KOLOKITHAS: Again, we were at this larger, you know, eight, almost ten-foot table and most of the discussion was happening towards the other side of the table. But there were a couple of places that people were discussing about going, potentially going.

174 5:44:03

MR. LALLY: And what were those couple places people were discussing?

175 5:44:06

MR. KOLOKITHAS: One was back to -- one was to D&E’s, which was across the street, next to C.F. McCarthy’s, and the other one was 34 Fairview Road.

176 5:44:14

MR. LALLY: And, as far as D&E’s, are you familiar with that establishment?

177 5:44:18

MR. KOLOKITHAS: Yes, I am.

178 5:44:18

MR. LALLY: Okay. And what is it and where is it in relation to the Waterfall?

179 5:44:22

MR. KOLOKITHAS: It’s basically a sub shop, a pizza shop. It’s diagonally across the street from Waterfall.

180 5:44:28

MR. LALLY: And what, if any, relationship did D&E Pizza have to anyone that you observed in the group that night?

181 5:44:34

MR. KOLOKITHAS: Chris Albert, who was with the group, is one of the owners, if not the owner, of D&E.

182 5:44:41

MR. LALLY: And, as far as going to that place afterward, who, if anyone, among the group had sort of mentioned that or was talking about that?

183 5:44:49

MR. KOLOKITHAS: I didn’t hear specifically one person. It was just generally coming from the group.

184 5:44:56

MR. LALLY: Did you hear the defendant at any point talking about going there or wanting to go there?

185 5:45:00

MR. KOLOKITHAS: I heard from others that she had mentioned about wanting to go there.

186 5:45:04

MR. LALLY: Now, you mentioned a couple of different places. What was the other place?

187 5:45:08

MR. KOLOKITHAS: 34 Fairview Road.

188 5:45:10

MR. LALLY: And was it mentioned specifically as far as that address, or how was it referenced?

189 5:45:15

MR. KOLOKITHAS: I believe it was mentioned. Brian Albert, the homeowner, had invited the group back to his house. I can’t remember if it was come back to my house or come back to 34 Fairview. That was the residence.

190 5:45:28

MR. LALLY: And, so, was that sort of an open invitation to the group at the table?

191 5:45:31

192 5:45:32

MR. LALLY: And yourself and your wife, did either of you go to Fairview Road to that night?

193 5:45:40

MR. KOLOKITHAS: We did not.

194 5:45:42

MR. LALLY: And at some point you left. Do you recall about what time that you left the Waterfall?

195 5:45:49

MR. KOLOKITHAS: It was shortly after 12:00 o’clock, maybe 12:10 or so.

196 5:45:57

MR. LALLY: And when did you leave in reference to sort of the rest of the group?

197 5:46:02

MR. KOLOKITHAS: Matt and I stayed back a little bit. We helped clean up the table with the bottles and glasses. We spoke to the band briefly, told them how well they played. So we were a little bit later, maybe a few minutes, a couple of minutes later than the rest of the group.

198 5:46:20

MR. LALLY: And when you exited did you know where your wife was in relation --

199 5:46:23

MR. KOLOKITHAS: I did. I knew where she was.

200 5:46:25

MR. LALLY: Where was she?

201 5:46:25

MR. KOLOKITHAS: She was parked out front on Washington Street.

202 5:46:29

MR. LALLY: So you were parked in the lot and she was parked on Washington Street; is that correct?

203 5:46:32

MR. KOLOKITHAS: Yes. Yes.

204 5:46:33

MR. LALLY: And when you came outside what, if anything, did you observe about sort of the weather or what was going on at that point?

205 5:46:46

MR. KOLOKITHAS: It was very cold and it just started to snow. I don’t even think there was a dusting on the ground, barely a dusting on the ground.

206 5:46:52

MR. LALLY: And, so, at that point could you still sort of see like the blacktop on the pavement?

207 5:46:57

208 5:46:57

MR. LALLY: When you got to your car what, if anything, did you have to do to sort of get your car ready to go, clean off your car or anything like that?

209 5:47:05

MR. KOLOKITHAS: I didn’t need a scraper or anything. I just turned on my windshield wipers and cleaned the snow off.

210 5:47:09

MR. LALLY: Now, as far as you mentioned that you and Mr. McCabe were sort of the last to leave from the group, do you know what order sort of the rest of the group had left in?

211 5:47:20

MR. KOLOKITHAS: Generally, yes.

212 5:47:22

MR. LALLY: And generally what do you recall?

213 5:47:25

MR. KOLOKITHAS: There was a larger group that left right before us. My wife was part of that group. Jen was in that group and Karen was in that group.

214 5:47:35

MR. LALLY: You mentioned that your wife was sort of gravitated towards the other end of the table where some of the other women were at; is that correct?

215 5:47:42

MR. KOLOKITHAS: Yes, that’s correct.

216 5:47:42

MR. LALLY: And, so, who was, as far as the women that you’re referencing, who was in that group that your wife was conversing with?

217 5:47:48

MR. KOLOKITHAS: I know Karen was part of that group and Jennifer was part of that group as well.

218 5:47:55

MR. LALLY: And that would be Jennifer McCabe; is that correct?

219 5:47:57

MR. KOLOKITHAS: That’s correct, yes.

220 5:48:02

MR. LALLY: Your Honor, with the Court’s permission, I’d just like to publish just a brief portion of Exhibit 53, the surveillance video.

221 5:48:08

222 5:48:09

MR. LALLY: Ms. Gilman, if I could have Exhibit 53 up on the screen, and specifically if I could have from Channel 3 the second video down? And if you could put that at approximately 10:59 p.m.? Thank you. And, when it gets to 10:59, if you could just pause it there.

223

(Whereupon, the video was played and paused.)

224 5:48:49

MR. LALLY: Thank you, Ms. Gilman.

225

BY MR. LALLY:

226 5:48:52

MR. LALLY: So, Mr. Kolokithas, what’s up on the screen as Exhibit 53, do you recognize that?

227 5:48:56

MR. KOLOKITHAS: Yes, I do.

228 5:48:58

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

229 5:49:00

MR. KOLOKITHAS: It’s the inside of the Waterfall Bar.

230 5:49:04

MR. LALLY: And before you on that desk, I believe, there should be a laser pointer.

231 5:49:07

232 5:49:07

MR. LALLY: So if you could just grab that and sort of click the button on top when I ask you to.

233 5:49:12

234 5:49:12

MR. LALLY: So, with reference to this video, do you see yourself within this video?

235 5:49:17

MR. KOLOKITHAS: Yes, I do.

236 5:49:18

MR. LALLY: If you could just draw the jury’s attention to sort of where you are in this video?

237 5:49:23

MR. KOLOKITHAS: Black and white shirt.

238 5:49:25

MR. LALLY: And, from that specific area of sort of where you are, do you recognize anybody else in that sort of general area of the frame?

239 5:49:32

MR. KOLOKITHAS: Yes, I do.

240 5:49:32

MR. LALLY: And if you could just draw the jury’s attention to who you recognize and where they are?

241 5:49:37

MR. KOLOKITHAS: I believe that’s Matt McCabe right there to my right and John O’Keefe to my left, in front of me to my left.

242 5:49:45

MR. LALLY: Now, that area of the table where you’ve indicated your wife was with another group of women further away from you, where would that be, if you see it?

243 5:49:54

MR. KOLOKITHAS: The numbering is there, so I can’t really see, but it was towards this side (Indicating).

244 5:50:00

MR. LALLY: And further down the table, is that where people that you were less familiar with, is that where they were?

245 5:50:05

MR. KOLOKITHAS: Correct, yes.

246 5:50:10

MR. LALLY: Thank you.

247 5:50:15

MR. LALLY: Ms. Gilman, you can take that down. Thank you, sir. I have no further questions.

248 5:50:21

JUDGE CANNONE: Cross-examination.

249 5:50:22

MR. JACKSON: Thank you.

Cross

250

CROSS-EXAMINATION BY MR. JACKSON:

251 5:50:54

MR. JACKSON: Good afternoon, Mr. Kolokithas.

252 5:50:55

MR. KOLOKITHAS: Good afternoon.

253 5:50:56

MR. JACKSON: Mr. Kolokithas, you and I have never actually met?

254 5:50:58

MR. KOLOKITHAS: We have not.

255 5:50:59

MR. JACKSON: We’ve never had a conversation?

256 5:51:00

MR. KOLOKITHAS: Have not.

257 5:51:01

MR. JACKSON: We’ve certainly never had an interview about this case?

258 5:51:03

MR. KOLOKITHAS: Have not.

259 5:51:03

MR. JACKSON: So this is our first time visiting about this situation?

260 5:51:06

261 5:51:11

MR. JACKSON: When did you say you first met Ms. Read?

262 5:51:14

MR. KOLOKITHAS: I believe it was towards the end of the summer of 2020.

263 5:51:17

MR. JACKSON: Okay. And that was over at an event at Mr. O’Keefe’s house?

264 5:51:24

MR. KOLOKITHAS: I don’t know if it was John’s niece’s birthday party or so, but I was dropping my daughter off at John’s house.

265 5:51:30

MR. JACKSON: Okay. That sort of dovetails into my next question. You and your wife and y’all’s kids did have some sort of relationship with Mr. O’Keefe, Ms. Read, and Mr. O’Keefe’s niece and nephew?

266 5:51:45

267 5:51:46

MR. JACKSON: In other words, the kids got along well?

268 5:51:47

MR. KOLOKITHAS: Yes, absolutely. And they’re still friends.

269 5:51:49

MR. JACKSON: And, as the adults, you wanted to make sure that you could facilitate play dates, get-togethers, things of that nature for the children?

270 5:51:58

271 5:51:59

MR. JACKSON: As a matter of fact, do you remember a situation in which Ms. Read had arranged a relatively elaborate 13th birthday party for Mr. O’Keefe’s niece, a scavenger hunt of some sort?

272 5:52:12

MR. LALLY: Objection.

273 5:52:13

JUDGE CANNONE: I’m going to see counsel at sidebar, please.

sidebar Thirteenth Birthday Relationship Question

274

(Whereupon, there was a sidebar conference as follows:)

275

JUDGE CANNONE: And so thirteenth birthday. It would be right around the same timing, right?

276

MR. JACKSON: Correct.

277

JUDGE CANNONE: What is the objection?

278

MR. LALLY: I don't know that what -- she was 14 at the time. So that would have been probably at least a year before.

279

JUDGE CANNONE: Okay. What's the nature of the objection?

280

MR. LALLY: I just don't know how any of this is relevant or how it isn't sort of back-door character evidence as it relates to the defendant.

281

JUDGE CANNONE: Where are you going with that?

282

MR. JACKSON: Just along that question how -- it's a deeper understanding of the nature of the relationship and how Mr. Kolokithas knows Ms. Read and knows Mr. O'Keefe and how they connected. He indicated on direct examination, as couples, we didn't do all that much together. I want to make sure that the jurors understand that he did have a connection with Mr. O'Keefe and Ms. Read as a couple. He visited the kids, and this was sort of a bigger event in their lives. This is the only question I'll be asking about it.

283

JUDGE CANNONE: Okay. So I'll let you have this question.

284

MR. JACKSON: Thank you.

285

(Whereupon, the sidebar conference concluded.)

Cross

286 5:53:35

MR. JACKSON: May I, Your Honor?

287 5:53:37

288

BY MR. JACKSON:

289 5:53:37

MR. JACKSON: With regard to the last question I asked, you recall an event in which Ms. Read had organized a relatively elaborate 13th birthday party for Mr. O’Keefe’s niece; correct?

290 5:53:53

291 5:53:54

MR. JACKSON: And one of your children was actually invited to that?

292 5:53:56

293 5:53:57

MR. JACKSON: Did you actually go and accompany your child at the 13th birthday party?

294 5:54:02

MR. KOLOKITHAS: I did not.

295 5:54:03

MR. JACKSON: Did your wife?

296 5:54:05

MR. KOLOKITHAS: I don’t know. She generally keeps a social calendar for the kids, but I don’t know.

297 5:54:10

MR. JACKSON: So it could have been a situation, Mr. Kolokithas, in which you just dropped the child off --

298 5:54:14

299 5:54:14

MR. JACKSON: -- and they enjoy the birthday party?

300 5:54:16

MR. KOLOKITHAS: Correct.

301 5:54:16

MR. JACKSON: Okay. Fair enough. But you had no problems or no qualms with Ms. Read and Mr. O’Keefe being caretakers over your children?

302 5:54:26

MR. KOLOKITHAS: Absolutely not.

303 5:54:29

MR. JACKSON: Okay. You said that you didn’t socialize as couples all that often, but there were times in which you did socialize with them?

304 5:54:37

305 5:54:38

MR. JACKSON: About how many times, would you say?

306 5:54:41

MR. KOLOKITHAS: A handful of times, maybe.

307 5:54:43

MR. JACKSON: Okay. Five or six?

308 5:54:46

MR. KOLOKITHAS: If that.

309 5:54:46

MR. JACKSON: Over the course of how long?

310 5:54:49

MR. KOLOKITHAS: Since 2020 to 2022, two years. Less than two years.

311 5:54:54

MR. JACKSON: Focusing your attention more toward the end of that time period that you just mentioned, toward 2022, when you socialized with Ms. Read and Mr. O’Keefe did you ever see any sort of tension between the two of them?

312 5:55:07

MR. KOLOKITHAS: Not at all.

313 5:55:07

MR. JACKSON: Did they seem like a normal loving couple?

314 5:55:09

MR. KOLOKITHAS: Absolutely.

315 5:55:10

MR. JACKSON: Did they seem like they were affectionate, normally affectionate with one another?

316 5:55:14

MR. KOLOKITHAS: Absolutely.

317 5:55:15

MR. JACKSON: Did you ever have any question about the nature of their relationship, any toxicity in the relationship or any overt indicators that they weren’t getting along?

318 5:55:24

MR. KOLOKITHAS: Not to my knowledge, not at all.

319 5:55:26

MR. JACKSON: As a matter of fact, you spent more time with Mr. O’Keefe --

320 5:55:31

321 5:55:32

MR. JACKSON: -- than anybody else in the foursome; correct?

322 5:55:35

323 5:55:35

MR. JACKSON: Okay.

324 5:55:36

MR. KOLOKITHAS: Other than my wife in the foursome.

325 5:55:39

MR. JACKSON: That’s a good catch. You were going to pay for that later. Fair enough.

326 5:55:45

MR. KOLOKITHAS: You get brownie points for that.

327 5:55:48

MR. JACKSON: Yes. Let me see if I can restate it a little bit better. Between Mr. O’Keefe and Ms. Read, you spent more time with Mr. O’Keefe?

328 5:55:54

329 5:55:54

MR. JACKSON: Fair enough. You knew that Mr. O’Keefe and Ms. Read had rekindled a previous relationship from years earlier?

330 5:56:05

MR. KOLOKITHAS: Yes, I did.

331 5:56:06

MR. JACKSON: And you knew that Mr. O’Keefe was excited about that?

332 5:56:09

333 5:56:12

MR. JACKSON: I want to draw your attention to the late night hours of January 28th, going into the early morning hours of January 29th, if I could, specifically at the Waterfall. Did you get to the Waterfall before Mr. O’Keefe and Ms. Read got there?

334 5:56:29

MR. KOLOKITHAS: Yes, I did.

335 5:56:30

MR. JACKSON: How long before?

336 5:56:31

MR. KOLOKITHAS: So I got there around 9:00 and they got there shortly before 11:00. So two hours.

337 5:56:36

MR. JACKSON: While at the Waterfall did you have an opportunity to speak with Ms. Read or Mr. O’Keefe just in normal conversation?

338 5:56:44

MR. KOLOKITHAS: Yes, I did.

339 5:56:45

MR. JACKSON: You engaged both of them as a matter of fact; didn’t you?

340 5:56:48

341 5:56:49

MR. JACKSON: Was there a time in which Ms. Read was actually singing John’s praises that night --

342 5:56:54

343 5:56:54

MR. JACKSON: -- talking about what a great dad he was?

344 5:56:55

MR. KOLOKITHAS: Yup.

345 5:56:56

MR. LALLY: Objection. Move to strike.

346 5:56:57

JUDGE CANNONE: I’m going to strike that. Next question.

347

BY MR. JACKSON:

348 5:57:00

MR. JACKSON: At any point did you have an opportunity to hear Mr. O’Keefe talk about Ms. Read and the nature of their relationship or any events surrounding their relationship?

349 5:57:10

MR. LALLY: Objection.

350 5:57:11

JUDGE CANNONE: I’m going to allow it.

351 5:57:15

MR. KOLOKITHAS: I had heard that they were planning vacations in the future.

352 5:57:23

MR. JACKSON: Were you aware of the time frame of those vacations in the future, next week, next month, next year?

353 5:57:30

MR. LALLY: Objection, Your Honor. May we approach?

354 5:57:32

JUDGE CANNONE: Okay. Jurors, feel free to stand up and stretch.

sidebar Vacation Statement Hearsay

355

(Whereupon, there was a sidebar conference as follows:)

356

MR. LALLY: Your Honor, I'd move to strike any of this testimony as I don't believe this witness is testifying from him overhearing. So when he was asked, what have you heard of Mr. O'Keefe, his answer is essentially nonresponsive in the sense that he stating, I had heard that. There is no indication as to he had heard it from Mr. O'Keefe or who he had heard it from or even -- I don't know if we are talking about the same evening or if this is something that he had heard subsequent. I'm not aware of any conversation that night about vacations with anybody and this witness.

357

JUDGE CANNONE: What do you say?

358

MR. JACKSON: I was asking the question of what Mr. O'Keefe had told him that evening and that's what I was focused on. That was his answer. I certainly can follow up with one question, was that directly from Mr. O'Keefe on this night or otherwise.

359

JUDGE CANNONE: This is just pure hearsay. The initial one was the nature of the relationship. So let's move on. It's excluded.

360

(Whereupon, the sidebar conference concluded.)

Cross

361 5:58:47

MR. JACKSON: May I, Your Honor?

362 5:58:49

363 5:58:49

MR. JACKSON: Thank you.

364

BY MR. JACKSON:

365 5:58:55

MR. JACKSON: There was nothing eventful at the bar while you were at the bar with Mr. O’Keefe and Ms. Read that comes to mind in terms of any kind of tension or fight that night?

366 5:59:05

MR. KOLOKITHAS: Tension or fight, absolutely not.

367 5:59:07

MR. JACKSON: No argument that was audible to you?

368 5:59:11

MR. KOLOKITHAS: Absolutely not.

369 5:59:12

MR. JACKSON: You didn’t see any body language between the two of them that would suggest an argument or fight or tension?

370 5:59:17

MR. KOLOKITHAS: In fact, I noticed the opposite.

371 5:59:19

MR. JACKSON: Describe that.

372 5:59:20

MR. KOLOKITHAS: They were affectionate toward each other, loving toward each other, and to the point where my wife even made a comment why are you not like that with me.

373 5:59:27

MR. JACKSON: You had something to live up to?

374 5:59:31

MR. KOLOKITHAS: Yes. That’s why I needed the brownie points earlier.

375 5:59:33

MR. JACKSON: There you go. I want to shift gears for a second and pinpoint another time at the bar. Was there a time at the bar where you noticed any individuals with their fists up and engaged in some sort of conduct that looks a little like this (demonstrating)?

376 5:59:56

MR. KOLOKITHAS: No, I didn’t notice that.

377 5:59:57

MR. JACKSON: You don’t recall that?

378 5:59:58

MR. KOLOKITHAS: No.

379 6:00:01

MR. JACKSON: Sparring with one another?

380 6:00:03

MR. KOLOKITHAS: Not that I saw?

381 6:00:05

MR. JACKSON: Wrestling?

382 6:00:06

MR. KOLOKITHAS: Not that I saw.

383 6:00:07

MR. JACKSON: Okay. I’d like, if I could, Mr. Kolokithas, and with the Court’s permission, refer to Exhibit 53.

384 6:00:21

385 6:00:21

MR. JACKSON: There are several -- Your Honor, so the record is clear --

386 6:00:24

JUDGE CANNONE: If you are going to talk about it --

387 6:00:26

MR. JACKSON: I am not.

388 6:00:28

389 6:00:28

MR. JACKSON: This is the clip ending in 5959, because there are several clips in 53.

390 6:00:35

391 6:00:36

MR. JACKSON: With the Court’s permission, I’d like to display this to the jury at run time 8:30, 8 minutes and 30 seconds.

392 6:00:42

JUDGE CANNONE: All right. So what exhibit is this?

393 6:00:44

MR. JACKSON: This is 53, and it’s clip ending in 5959. May I play this for the jury?

394 6:00:52

395 6:00:52

MR. JACKSON: Thank you.

396

BY MR. JACKSON:

397 6:00:53

MR. JACKSON: I’m going to play about 10 seconds, Mr. Kolokithas, and then stop it and ask you a couple of questions.

398 6:00:57

MR. KOLOKITHAS: Sure.

399

(Whereupon, the video was played.)

400 6:01:08

MR. JACKSON: Okay. If we could pause?

401

(Whereupon, the video was paused.)

402

BY MR. JACKSON:

403 6:01:10

MR. JACKSON: I just wanted to play a couple of seconds to see if you recognize what’s displayed in this video.

404 6:01:17

MR. KOLOKITHAS: Yes, I do.

405 6:01:18

MR. JACKSON: How do you recognize it?

406 6:01:19

MR. KOLOKITHAS: How do I recognize? I was there that night.

407 6:01:23

MR. JACKSON: I guess my question is, do you recognize this as being a surveillance video from the 28th, going into the morning of the 29th?

408 6:01:29

MR. KOLOKITHAS: Yes, I do.

409 6:01:29

MR. JACKSON: Okay. I’m going to draw your attention to the individuals that are toward the top. Okay. If I could draw your attention to the individuals at the top, can you name the folks that we’re seeing and describe what they’re wearing for the jurors so we have an understanding of who we’re looking at?

410 6:02:02

MR. KOLOKITHAS: Okay. That’s me in the white and black. That’s Matt to my right. I’m a little hard of seeing, but I think that’s John right there. And I thought I saw Karen earlier right in this area while you were displaying the video.

411 6:02:22

MR. JACKSON: And what about the two gentlemen with their backs to us?

412 6:02:26

MR. KOLOKITHAS: I know I met them that evening, but I can’t tell from behind like this.

413 6:02:32

MR. JACKSON: Understood.

414 6:02:32

MR. JACKSON: With the Court’s permission, could we just go ahead and play this through? I’d like to run it through to about the run time of 11:08, but I’ll ask that the video be paused momentarily?

415 6:02:46

JUDGE CANNONE: 11:08? So just one more second?

416 6:02:51

MR. JACKSON: Run time. Sorry. Run time 11:08. So probably about four minutes.

417 6:02:54

418 6:02:54

MR. JACKSON: Three minutes, four minutes. May I?

419 6:02:57

420 6:02:57

MR. JACKSON: Thank you.

421

(Whereupon, the video was played.)

422 6:03:10

MR. JACKSON: Can you pause it?

423

(Whereupon, the video was paused.)

424

BY MR. JACKSON:

425 6:03:12

MR. JACKSON: Having seen this run forward just a little bit, do you see an individual here with long hair?

426 6:03:18

MR. KOLOKITHAS: It’s hard --

427 6:03:21

JUDGE CANNONE: You’re squinting. Are you having difficulty?

428 6:03:23

MR. KOLOKITHAS: Yes, I am having difficulty. A Could you blow it up a bit?

429 6:03:27

MR. JACKSON: I don’t think so. Our technology is good, but I’m getting a shake of the head.

430 6:03:33

MR. KOLOKITHAS: My eyes are not good.

431 6:03:34

MR. JACKSON: Join the club.

432 6:03:36

MR. JACKSON: Let’s just go ahead and play it forward, with the Court’s permission.

433 6:03:40

JUDGE CANNONE: All right. But if you can’t see it, I don’t want you to guess.

434 6:03:44

MR. KOLOKITHAS: So are you talking right here (Indicating)?

435 6:03:45

MR. JACKSON: Yes.

436 6:03:46

MR. KOLOKITHAS: That looks like Karen.

437 6:03:47

MR. JACKSON: Okay.

438 6:03:48

MR. JACKSON: Can we play it forward, Your Honor?

439 6:03:54

440

(Whereupon, the video was played.)

441 6:03:55

MR. JACKSON: Pause it.

442

(Whereupon, the video was paused.)

443

BY MR. JACKSON:

444 6:03:58

MR. JACKSON: I ask you to draw your attention to the two gentlemen in the foreground right there. Can you describe what they’re doing?

445 6:04:10

MR. KOLOKITHAS: It looks like they’re in a stance that you described earlier with fists up.

446 6:04:16

MR. LALLY: Objection, Your Honor. May we approach?

447 6:04:17

JUDGE CANNONE: Okay. So I’m sustaining that objection. Come forward.

sidebar Video Authentication and Narration Limits

448

(Whereupon, there was a sidebar conference as follows:)

449

JUDGE CANNONE: What did you want to approach for?

450

MR. LALLY: Your Honor, essentially what counsel has asked, whether or not he saw this or observed this that night, he answered that he did not. So then showing the video, something that he doesn't recall seeing or recognizing and essentially having to narrate what he observes on the screen is inappropriate. It's not --

451

JUDGE CANNONE: He can barely see. He's squinting at it. He doesn't know who they are. The video speaks for itself. I'm not letting this witness narrate this.

452

MR. JACKSON: I'm not asking to narrate it. I'm asking to look at see if -- I haven't gotten to the point where -- and I'm trying to establish the foundation, authenticate for this.

453

JUDGE CANNONE: You're asking him what he's seeing. I'm not letting that --

454

MR. JACKSON: Correct. The next question is, are you in this video and are you staring directly at those two men. I believe, I have a good-faith belief, that he is going to say, yes, I recognize it. I had forgotten that they did this. He literally engages --

455

JUDGE CANNONE: Okay. Hold on. You can ask him that question. I don't want him narrating that they are in that stance.

456

MR. JACKSON: Okay. How do you want him to describe --

457

JUDGE CANNONE: You can ask him if that's him and if he was looking at somebody. The second part of your question is fine.

458

MR. JACKSON: Okay.

459

JUDGE CANNONE: The law is that he has to be able to assist the jury better than any position that they are in. He said he doesn't see them. This is clear. People can see what these two men are doing, people except for this witness.

460

MR. JACKSON: Okay.

461

(Whereupon, the sidebar conference concluded.)

Cross

462 6:06:06

MR. JACKSON: May I, Your Honor?

463 6:06:07

464

BY MR. JACKSON:

465 6:06:09

MR. JACKSON: Another question. And if you’re having trouble seeing just let me know. Do you see the person in the far right?

466 6:06:15

MR. KOLOKITHAS: Yes, I do.

467 6:06:16

MR. JACKSON: Who is that?

468 6:06:17

MR. KOLOKITHAS: Me.

469 6:06:17

MR. JACKSON: And what do you seem to be or what do you appear to be looking at, if anything?

470 6:06:20

MR. KOLOKITHAS: I appear to be looking in that direction.

471 6:06:23

MR. JACKSON: Okay.

472 6:06:27

MR. JACKSON: We’re going to play this forward.

473

(Whereupon, the video was played.)

474 6:06:51

MR. JACKSON: Pause.

475

(Whereupon, the video was paused.)

476

BY MR. JACKSON:

477 6:06:52

MR. JACKSON: Mr. Kolokithas, do you recall engaging in the two men, sorry, engaging with the two men in any sort of conversation, the two men with their backs facing to us?

478 6:07:01

MR. KOLOKITHAS: I mean, I can see it. I honestly do not recall it.

479 6:07:04

MR. JACKSON: Okay. Do you recall ever being introduced to those two gentlemen?

480 6:07:08

481 6:07:09

MR. JACKSON: Who are they?

482 6:07:10

MR. KOLOKITHAS: Brian Albert, Brian Higgins.

483 6:07:12

MR. JACKSON: And which one is which, left and right?

484 6:07:15

MR. KOLOKITHAS: Left is Albert; right is Higgins.

485 6:08:26

MR. JACKSON: Okay.

486

(Whereupon, the video was played.)

487 6:08:38

MR. JACKSON: Pause it.

488

(Whereupon, the video was paused.)

489

BY MR. JACKSON:

490 6:08:38

MR. JACKSON: Mr. Kolokithas, can I draw your attention to the upper right? Do you recognize any person facing the camera in the upper right corner?

491 6:08:45

MR. KOLOKITHAS: Yes, I do.

492 6:08:48

MR. JACKSON: Who is that?

493 6:08:48

MR. KOLOKITHAS: John O’Keefe.

494 6:08:57

MR. JACKSON: About 30 more seconds, Your Honor.

495 6:09:24

496

(Whereupon, the video was played.)

497 6:09:29

MR. JACKSON: Your Honor, we’ve paused at 11:08. If I could ask a couple of other questions? And I think we can leave the lights down because I’m going to ask, with the Court’s permission, another clip be played.

498

BY MR. JACKSON:

499 6:09:38

MR. JACKSON: Mr. Kolokithas, you indicated that you don’t recall the events that you’re seeing. Is that still the case or has your recollection been refreshed about what you were witnessing?

500 6:09:47

MR. KOLOKITHAS: I honestly don’t remember what appears to be play fighting.

501 6:09:52

MR. JACKSON: Fair enough.

502 6:09:54

MR. JACKSON: If we could move to run time 16:36 with the Court’s permission?

503 6:10:01

504

(Whereupon, the video was played.)

505 6:10:08

MR. JACKSON: And pausing.

506

(Whereupon, the video was paused.)

507

BY MR. JACKSON:

508 6:10:22

MR. JACKSON: Do you see yourself in the upper right-hand corner?

509 6:10:25

MR. KOLOKITHAS: Yes, I do.

510 6:10:26

MR. JACKSON: And do you see the two people, the two individuals, Brian Albert and Brian Higgins, in the foreground?

511 6:10:32

MR. KOLOKITHAS: Yes, I do.

512 6:10:45

MR. JACKSON: Let it run.

513

(Whereupon, the video was played.)

514 6:10:58

MR. JACKSON: Pause it.

515

(Whereupon, the video was paused.)

516

BY MR. JACKSON:

517 6:10:59

MR. JACKSON: Do you see at this point, and I know it’s difficult, do you see John O’Keefe anywhere in the frame at this juncture?

518 6:11:09

MR. KOLOKITHAS: I do not see him.

519 6:11:10

MR. JACKSON: Okay.

520 6:11:17

MR. JACKSON: Play it.

521

(Whereupon, the video was played.)

522 6:11:29

MR. JACKSON: Then pause.

523

(Whereupon, the video was paused.)

524

BY MR. JACKSON:

525 6:11:29

MR. JACKSON: And now taking a look at the individual in the top of the screen, do you see that person?

526 6:11:34

MR. KOLOKITHAS: Yes, I do.

527 6:11:35

MR. JACKSON: Who is that?

528 6:11:35

MR. KOLOKITHAS: John O’Keefe.

529 6:11:36

MR. JACKSON: And what direction -- is he facing us or facing away from us?

530 6:11:41

MR. KOLOKITHAS: He’s facing us. It looks like he’s facing us.

531 6:11:43

MR. JACKSON: So he would be facing the two individuals with their back to us?

532 6:11:47

533 6:11:48

MR. JACKSON: Okay. And he appears to be standing across the table, across the bar table?

534 6:11:52

535 6:11:57

MR. JACKSON: Can we play that for a second?

536

(Whereupon, the video was played.)

537 6:12:32

MR. JACKSON: Now let’s pause it.

538

(Whereupon, the video was paused.)

539

BY MR. JACKSON:

540 6:12:33

MR. JACKSON: I would ask you who this individual is with the fur coat --

541 6:12:37

MR. KOLOKITHAS: My wife.

542 6:12:38

MR. JACKSON: -- on the coat?

543 6:12:39

MR. KOLOKITHAS: That’s my wife.

544 6:12:39

MR. JACKSON: Okay. And are you still in the same spot, upper right-hand corner?

545 6:12:43

MR. KOLOKITHAS: Yes, I am.

546 6:12:43

MR. JACKSON: And where is Mr. O’Keefe?

547 6:12:45

MR. KOLOKITHAS: Across. He’s now facing the other way --

548 6:12:49

MR. JACKSON: Thank you.

549 6:12:50

MR. KOLOKITHAS: -- away from us.

550 6:12:51

MR. JACKSON: We can take this down.

551

BY MR. JACKSON:

552 6:12:58

MR. JACKSON: With regard to what you just saw, the second incident of what appeared to be two individuals touching each other, did you engage in any sort of roughhousing or play fighting that night?

553 6:13:13

MR. KOLOKITHAS: I did not.

554 6:13:13

MR. JACKSON: Did you engage in any grappling or wrestling that night?

555 6:13:16

MR. KOLOKITHAS: I did not.

556 6:13:17

MR. JACKSON: Did you see John O’Keefe engage in any wrestling or grappling or play fighting?

557 6:13:21

MR. KOLOKITHAS: I do not recall him doing that.

558 6:13:23

MR. JACKSON: Or do you recall him doing any sparring?

559 6:13:26

MR. KOLOKITHAS: I do not recall him doing that.

560 6:13:27

MR. JACKSON: Do you recall him ever putting his fists up toward any other person in that bar that night?

561 6:13:32

MR. KOLOKITHAS: I do not recall him doing that.

562 6:13:34

MR. JACKSON: Thank you.

563 6:13:37

MR. JACKSON: That’s all I have for this witness, Your Honor.

564 6:13:39

JUDGE CANNONE: All right.

565 6:13:39

MR. JACKSON: Oh, just a moment. I’m sorry. I’m fine. Thank you, Your Honor.

566 6:13:44

JUDGE CANNONE: Mr. Lally, any followup?

567 6:13:45

MR. LALLY: Just briefly, Your Honor.

Redirect

568

REDIRECT EXAMINATION BY MR. LALLY:

569 6:13:58

MR. LALLY: Mr. Kolokithas, as far as your observations of Mr. O’Keefe and Ms. Read and their relationship, you saw what they sort of depicted in public; correct?

570 6:14:09