Kevin O'Hara - Direct
294 linesJUDGE CANNONE: Your next witness, Mr. Brennan?
MR. BRENNAN: My next witness would be Kevin O'Hara.
JUDGE CANNONE: You're welcome.
COURT CLERK: You swear the evidence you give to the court and jury in this case shall be the truth, the whole truth, and nothing but the truth?
MR. O'HARA: I do.
JUDGE CANNONE: Mr. Brennan.
MR. BRENNAN: Thank you, your honor. Good afternoon, sir.
MR. O'HARA: Good afternoon.
MR. BRENNAN: Could you please introduce yourself to the jury? Spell your last name for the record.
MR. O'HARA: My name is Kevin O'Hara. O-H-A-R-A.
MR. BRENNAN: Where do you work?
MR. O'HARA: I'm a lieutenant with the Massachusetts State Police.
MR. BRENNAN: How long have you worked for the Massachusetts State Police?
MR. O'HARA: 23 years.
MR. BRENNAN: When you began your career, what was your role with the Massachusetts State Police?
MR. O'HARA: I was assigned as a trooper, a patrol trooper, working out of several barracks across the state.
MR. BRENNAN: Did you have to have any special education or training before you became an official Massachusetts State Police Trooper?
MR. O'HARA: Yes, I did. We went to a six-month academy in New Braintree.
MR. BRENNAN: How long were you on patrol for?
MR. O'HARA: I was on patrol for 17 years until I became a sergeant in 2018. So 16 years, became a sergeant, then a lieutenant.
MR. BRENNAN: In those 16 years, did you have any additional training after basic academy?
MR. O'HARA: Yes, continued training throughout the years, additional training. Eventually I wound up joining a search and rescue team. Went to search and rescue training.
MR. BRENNAN: Tell us a little bit about search and rescue — what you did and what you do.
MR. O'HARA: I'm the team commander for the State Police Special Emergency Response Team, which is known as SERT. I am also the search and rescue coordinator for the state of Massachusetts. As a team, we conduct monthly trainings, at least twice a month, where our team will come together and train. We've been to trainings all across the country to meet national training standards.
MR. BRENNAN: Do you have any particular roles — do you look for certain types of things?
MR. O'HARA: So for SERT, we have three main mission types. We will do lost and missing person searches. We will do evidence searches, and then we also do crowd control and security at large-scale events such as the Boston Marathon, the July 4th celebration. We get assigned to Gillette Stadium for all the events down there as well.
MR. BRENNAN: You mentioned that part of your work is looking for missing persons. Did you receive any specialized training? Have any special experience looking for missing persons as far as training and technique?
MR. O'HARA: Yes, we get a certification through NASAR, which is a national search and rescue organization, and NUSAR, which is a New England-based search and rescue group. We train in several different types of techniques to improve our search techniques, including man tracking, probability of detection, and critical separation, which is how we'll line up as we're searching certain areas. We've also gone, as I stated before, to national trainings where we now really use a lot of statistical-based searching in our searches. We'll use live tracking maps now. So we've really advanced the way we search for missing persons.
MR. BRENNAN: When you're searching for a missing person, is there a routine, or does it depend case by case?
MR. O'HARA: We'll start off with a set normal way — we'll deploy. More than likely we'll start with a canine searching high-probability areas, trying to get people out as quickly as possible, and then eventually it may turn into a line search or a grid search.
MR. BRENNAN: You said that you lead the search team.
MR. O'HARA: That's correct, sir.
MR. BRENNAN: How many search teams are there with the Massachusetts State Police?
MR. O'HARA: Just one.
MR. BRENNAN: How do you decide what different cases or situations to get involved in? Is that at your request?
MR. O'HARA: It's not at our request. We'll receive requests either internally through other members of our department or externally from outside agencies.
MR. BRENNAN: So can you take us through, very basically, how would a typical request come to you?
MR. O'HARA: Most of the time I'll receive — excuse me — what I call a courtesy notification. I'll get a call from someone that I know on the department or a local police department asking, giving me the particulars of the case and if we'd be available and what I think about our response. If we are available, if we're not already on another mission, we'll then start the approval request process, which I have to send up through my chain of command. I have to send that up to a captain, which then will go to a major who's in charge of the special operations, and then he may have the final say. It may even go higher to the lieutenant colonel of field services. If the request is internal through another member of our department, it also has to go up their specific chain of command as well.
MR. O'HARA: Sometimes getting an external request sometimes goes faster because there's not that second chain of command to go through.
MR. BRENNAN: In 2022, how many full-time members were on the SERT team?
MR. O'HARA: At that time — excuse me, sir — we had one full-time member, 55 total members on the team.
MR. BRENNAN: So, the members on the search team, did they engage in other roles of the state police at the same time they're a member of the SERT team?
MR. O'HARA: Yes. It's an additional duty. They have a primary assignment either at a barracks or some other assignment throughout the state.
MR. BRENNAN: If you decided on accepting a mission or you were assigned a mission, who determines how many people from the search team would attend?
MR. O'HARA: That would be determined by myself and the captain from special operations.
MR. BRENNAN: You mentioned back in 2022, there was one full-time member and 55 part-time members of the SERT team.
MR. O'HARA: Yes, 55 total. Correct, sir.
MR. BRENNAN: As we stand today, how many full-time members of the SERT team?
MR. O'HARA: Currently 69. We did have 71. We've had a few members leave the team recently.
MR. BRENNAN: Are those full-time or part-time members?
MR. O'HARA: I'm sorry. That's full — total members. We have currently five full-time members. So we increased on both ends.
MR. BRENNAN: Are members of the SERT team who work for the Massachusetts State Police drawn from different geographical locations around the state?
MR. O'HARA: That's correct. We try to split east-west the best we can geographically just so we have as quick a response time as possible. We'll break it down further into the northeast part of the state, the southeast, central, west, but the main breakdown for us is east-west, basically using 495 as our boundary.
MR. BRENNAN: If the search team's assigned a mission and there are members that have chosen to participate, how often would you go to that scene or involve yourself in that particular event?
MR. O'HARA: When I was the only full-time member, probably 99% of the missions I would go to. Now we have a few other supervisors on the team. I have a full-time executive officer who's also a lieutenant, but my role hasn't changed too much. Still 90 to 95% of the missions.
MR. BRENNAN: I want you to take us back to January 29, 2022. Were you contacted or was a request made for you to consider and accept a mission?
MR. O'HARA: Yes. I received a call from Lieutenant Tully.
MR. BRENNAN: After receiving the call, what was your process?
MR. O'HARA: Again, that was what I would classify as a courtesy notification to see if we were available, if he thought we could get a response on that date. I told him we would be able to respond. I asked him if he had started the approval — the request for approval up his chain of command, which he hadn't at that time. He stated he would start on that, and then I contacted my captain after getting off the phone with him to start the approval process through my chain of command.
MR. BRENNAN: Do you remember generally about what time this process began?
MR. O'HARA: He called me at 2:32 p.m.
MR. BRENNAN: At some point was the task or the mission assigned?
MR. O'HARA: So I told Lieutenant Tully that we had received snow that day. I told him most of the members, including myself, may not have shoveled out their driveway. I told them at best case scenario it would be an hour-plus response time depending on how long it would take people to shovel out their driveway. So at 2:53, I contacted one of the west team members, a sergeant from the west team, to have him send out an alert to our full team just to build an availability list to see who was available. So at 2:53, that got sent out to the entire team.
MR. BRENNAN: At some point were you able to acquire or compile a team?
MR. O'HARA: Yes. Sergeant Simpson was able to put that list together.
MR. BRENNAN: And what time did you start to begin your way towards Fairview Road?
MR. O'HARA: At 3:48, we sent out an alert for the deactivation of our team, including which members, notifying the team which members would actually be responding. I had just finished shoveling my driveway. By the time I changed into my uniform, got all my equipment together, I left my house at 4:13 p.m.
MR. BRENNAN: When you left your house, were you in an assigned cruiser or a personal vehicle?
MR. O'HARA: Assigned cruiser, sir.
MR. BRENNAN: Is there tracking of assigned cruisers?
MR. O'HARA: Yes, there is.
MR. BRENNAN: Could you share with us how that works?
MR. O'HARA: Each cruiser has an automated vehicle locator or GPS system. It tracks everywhere you go, marking every time you stop.
MR. BRENNAN: And did the vehicle you were driving have that system?
MR. O'HARA: Yes it did.
MR. BRENNAN: Sir, before you left to head towards Fairview at 4:13 p.m., had you already defined what the mission was going to be?
MR. O'HARA: Yes. I knew we'd be conducting an evidence search.
MR. BRENNAN: Did you have any idea of how you were going to do that?
MR. O'HARA: Yes. I spoke to Lieutenant Tully just to get an idea of the area we'd be searching. I determined how many members we would need to respond to that search, which at that time I figured we would need eight members to respond. Normally, as the team leader, I'll function more of an incident command role behind the team, documenting some of our efforts. So we dispatched eight members to the scene. Unfortunately, due to the snow, one of my members was not able to respond. So we only had seven members officially arrive on scene, including myself, which changed the dynamics a little bit of our search, but nothing major.
MR. BRENNAN: How did it change the dynamics of your search?
MR. O'HARA: Well, like I stated, normally I would stay behind the line of searchers, documenting what they do, more of a command role, but because we're one member short, I wound up participating in the search, more hands-on than maybe normal.
MR. BRENNAN: Did you ultimately actively participate in the search firsthand?
MR. O'HARA: Yes, I did, sir.
MR. BRENNAN: Tell us about when you first arrive at 34 Fairview and you get out of your cruiser. What's the weather like at that point?
MR. O'HARA: Still snowing.
MR. BRENNAN: What's the temperature like?
MR. O'HARA: Very cold. Visibility — it was windy, but no real issues for us to see as we were working.
MR. BRENNAN: Was there a particular area you were looking at?
MR. O'HARA: Yes. Once I spoke to Lieutenant Tully, we wanted to focus on a specific area to search.
MR. BRENNAN: What time did you arrive at 34 Fairview?
MR. O'HARA: 4:56 p.m.
MR. BRENNAN: Did any of your team arrive before you?
MR. O'HARA: Just prior to my arrival, one member arrived at 4:54 p.m.
MR. BRENNAN: And do you remember who that was?
MR. O'HARA: It was Trooper Jason Beausoleil.
MR. BRENNAN: Were there other members that arrived after you?
MR. O'HARA: Yes, there were.
MR. BRENNAN: Did you wait until the entire team was there before you began?
MR. O'HARA: No, we did not.
MR. BRENNAN: The other members that arrived, do you remember who they were?
MR. O'HARA: Yes I do, sir.
MR. BRENNAN: Do you happen to remember when they arrived?
MR. O'HARA: Yes, I do, sir.
MR. BRENNAN: Could you share that with us?
MR. O'HARA: Trooper Blake Bearden arrived at 5:21 p.m. Sergeant Charles Luis arrived at 5:24 p.m. Sergeant Michael O'Brien arrived at 5:24 p.m. Trooper Scott Viscardi arrived at 5:34 p.m. and Sergeant Anthony Carrier arrived at 5:41 p.m.
MR. BRENNAN: When you first arrived at Fairview and you looked at the scene, did you have any personal knowledge where any person had been in that area?
MR. O'HARA: No I did not.
MR. BRENNAN: Did you learn generally that a man was found in that area?
MR. O'HARA: Yes, I did.
MR. BRENNAN: Did you have any photographs or precise location of exactly where that person had been found?
MR. O'HARA: No, we did not.
MR. BRENNAN: Did you have a general area that you were directed to?
MR. O'HARA: Yes, sir.
MR. BRENNAN: Any landmarks you can share with us in the general area where you were going to be focused on?
MR. O'HARA: There was a flagpole in front of the residence. There was also a fire hydrant in front of the residence.
MR. BRENNAN: Who made the determination of the scope of the area that you would search?
MR. O'HARA: I made the final markings of the distance we wanted to search, but we were guided by Lieutenant Tully's information he was able to provide for me.
MR. BRENNAN: How did you decide the depth and the breadth of the area you were going to search?
MR. O'HARA: He informed me that there was a vehicle involved in the incident. He told me where that vehicle had been parked. So we wanted to make sure we started prior to where that vehicle was parked, which was almost adjacent to the front door of the house. If you were to look at the house at 34 Fairview Road, you'd say there were two front doors: a main front door and then a secondary front door closer to the garage — whether that's a mud room or a den. So he stated the vehicle was parked almost directly across from the main front door, which, again, looking at the house, is the left front door. So we marked off that as our starting location and we wanted to search down to the fire hydrant.
MR. BRENNAN: Were you looking randomly or was there any specific items you may have been looking for?
MR. O'HARA: No, we were instructed that it was believed that the vehicle may have had a broken tail light. So we were looking for tail light pieces. We also were informed the victim in this incident was missing his shoe. So we were going to be looking for his sneaker as well.
MR. BRENNAN: What tools did you and your team bring to begin the search?
MR. O'HARA: We brought shovels. We also brought push brooms. I brought a couple of garden rakes. And we also were all equipped with headlamps, you know, hiking lamps that you would wear.
MR. BRENNAN: Were the headlamps the only lighting you had for the search?
MR. O'HARA: Once we began the search, we wound up turning a few of the cruisers around just to put some extra headlights on the scene.
MR. BRENNAN: Were the cruisers parked so they were facing the yard?
MR. O'HARA: Uh, they were parked on the street just covering the street — not angled towards the yard at all.
MR. BRENNAN: I want to ask you some questions about the tools you brought. You said you had shovels, some garden rakes, and brooms.
MR. O'HARA: Yes, sir.
MR. BRENNAN: What was the purpose of the brooms?
MR. O'HARA: Just to help us sift through the snow very carefully. We want to be slow and methodical as we went through the area.
MR. BRENNAN: How about the shovels? Were you concerned that if you use the shovel, you could hit an item and break it?
MR. O'HARA: Uh, yes, but we went as slow as we could layer by layer as we moved down throughout the snow.
MR. BRENNAN: When you use shovels, were you digging like you would dig vegetables in a garden?
MR. O'HARA: No, sir.
MR. BRENNAN: Could you explain a little bit about the process — before we get into the actual search — of how you as a team would look through snow? Would you just pick it up and turn it over or was there a process in place?
MR. O'HARA: No, eventually we wound up going — again, our searches, we'll call it a grid search, but it's a line search where we're all lined up. Again, talking about critical spacing. If we're searching for a particular item on a search, we may use a replica item to say, okay, how far can each member be away from each other? Because this was such a small search area, our members lined up almost shoulder-to-shoulder. Once we were on a line, we would slowly move forward. Each member taking out snow, sifting — you know, excuse me — small layers, sifting it out at their own feet with a right flank along the curb in front of the house. That snow would eventually get moved out to the street where I was standing. I was the left flank on our line.
MR. O'HARA: I would then re-go through that snow, make sure we didn't miss any items or by accident carry an item that we were looking for over towards the middle of the street. Once I was satisfied there wasn't anything there, I would take that snow and throw it across to the other side of the street.
MR. BRENNAN: Before you began the search, did you have a chance to look around at the surroundings, including the street, the berm separating the street from the yard and the area you were going to look at?
MR. O'HARA: Uh, yes, I did, sir.
MR. BRENNAN: Did you see any evidence that there had been any plowing before you arrived?
MR. O'HARA: Uh, yes. The plow had come through the area. The plow had not gone curb to curb. So, we had a good 3 to 4 foot embankment coming off each curb. So, at that embankment where the snow had come to, there was higher levels of snow before it dropped down to the normal snow depth that the rest of the area had received.
MR. BRENNAN: Could you describe a little more simply what you mean that the plow didn't go curb to curb?
MR. O'HARA: So again, the plow had probably only done enough distance from maybe two vehicles to safely pass each other, not enough to go all the way to the curb on each side of the street. As we wound up parking — the responding members as they wound up parking, they wound up parking in the snow closer to the curb. And at the end of the night, several of the cruisers were stuck. We had to push them out.
MR. BRENNAN: When you looked at the snow that appeared to have been pushed by the plow, did that snow that had been displaced reach the berm, the separation between the street and the yard?
MR. O'HARA: No, there was 3 to 4 feet between the edge from where the plow was to where the curbing in front of the house was located.
MR. BRENNAN: Sir, the area where you searched — or where you were pointed to where Mr. O'Keefe was — in that general area, did it look like any snow from any plow had reached that area?
MR. O'HARA: No, it did not.
MR. BRENNAN: When you began the searching, do you know what time it was that you actually began searching?
MR. O'HARA: We moved my cruiser and Trooper Beausoleil's cruiser at 5:20. We had started gridding off where we wanted to search, but at 5:20, that's when we moved our cruisers to put the headlights on. That's right. Trooper Bearden and the two sergeants arrived quickly after on scene. So by 5:24 we started — all five of us were lined up shoveling. When the two other members arrived on scene, they just joined in on the line to help us move.
MR. BRENNAN: From when you first arrived at 4:56 p.m. to when you began the search at 5:20 p.m., did you see anybody enter the area that you were going to search other than you or a search team member?
MR. O'HARA: Uh, no, they did not.
MR. BRENNAN: Were there other people in the area outside the scene or the grid that you were going to search other than you and members of your search team?
MR. O'HARA: Uh, Lieutenant Tully on scene.
MR. BRENNAN: Was there anybody with Lieutenant Tully?
MR. O'HARA: Uh, at one point he had several other people with him. Maybe — I believe five throughout that search — maybe five different people including him were on scene.
MR. BRENNAN: Were those people part of state police?
MR. O'HARA: Uh, at least one, maybe two. I don't — unfortunately I don't recognize every — all 200 members on our department, but there were probably about five total people on scene.
MR. BRENNAN: Sir, was there somebody who was picking up any evidence that you may find and putting it in bags and preserving it?
MR. O'HARA: Uh, after we found evidence, it was documented on scene by the detectives.
MR. BRENNAN: So you yourself were not documenting?
MR. O'HARA: No. And again, that's maybe a little change in the dynamics. You know, if I had been more in an incident commander role, I probably would have documented time, location. Again, for more — for our internal records — the primary record will always be at the hands of the detectives, but because I was actively searching, the detectives handled all documentation.
MR. BRENNAN: Okay. Did you see somebody from the state police putting evidence in bags after it was pointed out to you?
MR. O'HARA: Uh, yes, sir, they did.
MR. BRENNAN: When you began the search, what part of the street or yard did you begin with?
MR. O'HARA: We started where we were informed the vehicle was parked, which again was almost directly across from the front door of the house, and we began working south towards Chapman Street.
MR. BRENNAN: During the process of the search, if somebody were to find a piece of evidence, what was the process? What would happen?
MR. O'HARA: He would notify myself and Lieutenant Tully and we would stop our operation until that was documented by the detectives on scene and collected.
MR. BRENNAN: Do you know what time the first piece of evidence was found?
MR. O'HARA: Believe it was 5:45.
MR. BRENNAN: Sir, do you remember what the first piece or item that you or the search team found was?
MR. O'HARA: Was a piece of tail light.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Sir, I'm showing you two photographs. Do you recognize what is in them? The first one?
MR. O'HARA: Uh, yes, sir.
MR. BRENNAN: What is that?
MR. O'HARA: It is a piece of clear lens from a tail light.
MR. BRENNAN: And the second photograph?
MR. O'HARA: It's the same lens, just a little enhanced — a closeup.
MR. BRENNAN: Yes, sir. I'd move to introduce these two photographs into evidence.
MR. JACKSON: No objection.
JUDGE CANNONE: All right. So, one is a closeup of the other.
MR. BRENNAN: It is.
JUDGE CANNONE: Madam Court Reporter, they will be next: 73 and 73A. Let's see those photographs.
MR. BRENNAN: With the court's permission, could I show the exhibits?
JUDGE CANNONE: Yes.
MR. BRENNAN: Okay. Could we see exhibit number 129, please?
MR. BRENNAN: All right, I'll move on at this point. And that was at 5:45.
MR. O'HARA: Uh, yes, sir.
MR. BRENNAN: At 5:50. Do you know if another item was found?
MR. O'HARA: I don't know the specific times. I know the first piece was 5:45, but again, I didn't handle the documentation and I have not seen the evidence log.
MR. BRENNAN: Okay. Inevitably, did you or your team find an item of clothing?
MR. O'HARA: Uh, we found the sneaker.
MR. BRENNAN: Yes, sir. A sneaker?
MR. O'HARA: Yes, sir.
MR. BRENNAN: Can you describe where the sneaker was found?
MR. O'HARA: Sneaker was flush up against the curb and it was inverted, upside down.
MR. BRENNAN: Was there anything in the sneaker?
MR. O'HARA: Uh, there was snow on and inside the sneaker.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Sir, I'm showing you three photographs. You recognize the first one?
MR. O'HARA: Uh, yes, sir. That's a photograph of the sneaker we recovered.
MR. BRENNAN: And where is it located in reference to the berm?
MR. O'HARA: Uh, it's directly up against the curb.
MR. BRENNAN: Can you take a look at the second photograph, please? What do you see?
MR. O'HARA: Uh, it's a close-up picture of the same sneaker we located.
MR. BRENNAN: And the third photograph, please?
MR. O'HARA: Again, just a closeup, different angle photo of the sneaker we located.
MR. BRENNAN: Thank you. I move these three photos into evidence, please.
JUDGE CANNONE: All right, Madam Court Reporter: 74, 74A, and 74B, please. So marked, thank you.
MR. BRENNAN: With the court's permission, could I show these photographs?
JUDGE CANNONE: Yes.
MR. BRENNAN: Could we get more of a closeup, Miss Gilman? Sir, can you describe what you're seeing here?
MR. O'HARA: Uh, that's the sneaker we located up against the curb. You can see the snow in the background and that's the flagpole in front of the house. And you can see it's still snowing at this time.
MR. BRENNAN: Could we see 121, please? And sir, can you describe again what that is?
MR. O'HARA: Uh, just a close-up photo of the sneaker we located up against the curb.
MR. BRENNAN: Is that curb the black area to the right?
MR. O'HARA: Uh, correct, sir.
MR. BRENNAN: How high is that curb?
MR. O'HARA: Uh, not sure, sir. Several inches.
MR. BRENNAN: 122, please. You described the photograph with a sneaker with snow in it. Is that that photograph?
MR. O'HARA: Yes, it is, sir.
MR. BRENNAN: Thank you. You can take that down. Do you recall if there was any other pieces of tail light recovered that night?
MR. O'HARA: I believe in total we located maybe six or seven pieces of tail light.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Sir, I'm handing you three photographs.
MR. O'HARA: Yes. Thank you.
MR. BRENNAN: Do you recognize the first photograph?
MR. O'HARA: Uh, yes I do, sir.
MR. BRENNAN: And what's in that photograph?
MR. O'HARA: It's a piece of red tail light that we located.
MR. BRENNAN: Could you look at the second photograph, please?
MR. O'HARA: Yes, sir.
MR. BRENNAN: What do you see there?
MR. O'HARA: Uh, it's the same piece of tail light that we recovered. Just a close-up version. You can see the molding of an overturned shovel. That piece of tail light actually came up as one of our team members was shoveling when he overturned his shovel. The piece of tail light was there. And you can see the actual molding from his shovel.
MR. BRENNAN: And the third photograph.
MR. O'HARA: Uh, that is another piece of tail light that we located uh at ground level.
MR. BRENNAN: A different piece.
MR. O'HARA: Uh, yes, sir.
MR. BRENNAN: Let's stick with photographs one and two. Photographs one and two. A closeup and a further view of a piece of tail light. Are those fair and accurate depictions? Does that piece appear that night?
MR. O'HARA: Uh, yes, they are, sir.
MR. BRENNAN: All right. Introduce two photographs evidence. No, thank you. One's a close one, right? Yeah. 75 75A. Sir, when these items were found, did you examine or study the depth of those items when they were found?
MR. O'HARA: I did not, sir. Gave them a glance when our team members told us we found something and then Lieutenant Tully took over documentation. I returned to my place, you know, on our line.
MR. BRENNAN: Do you know if any of the items were touching the ground or were they on snow?
MR. O'HARA: Uh, couple of the pieces were found at ground level touching the asphalt.
MR. BRENNAN: And you said there was another item found that we just talked about — a separate piece of tail light.
MR. O'HARA: Uh, yes, that was another — that photo you showed me was a separate piece of the tail light we located.
MR. BRENNAN: Sir, may I approach? Yes. Showing you two photographs. Could you look at the first photograph?
MR. O'HARA: Uh, yes, sir.
MR. BRENNAN: What do you see?
MR. O'HARA: Uh, piece of tail light at ground level.
MR. BRENNAN: And if you could look at the second photograph, what's that?
MR. O'HARA: Uh, it's a close-up enhanced view of that same piece of tail light. So it's just a different view of the same piece of tail light.
MR. BRENNAN: Correct, sir. Is that a fair and accurate depiction as that piece of tail light appeared that night?
MR. O'HARA: Uh, yes, it is, sir.
MR. BRENNAN: I would move these two into evidence. One photograph and a second closer up view. No objection.
JUDGE CANNONE: Okay.
COURT CLERK: 76 and 76A.
MR. BRENNAN: While you were conducting the search, did anybody but your team, Lieutenant Tully, the person who was documenting the evidence — did you see any other people who were not law enforcement in the area?
MR. O'HARA: At some point during our search, uh, the media arrived on scene, began filming us or taking photos.
MR. BRENNAN: Was there anybody from your department or a different department that was managing the crowd?
MR. O'HARA: Uh, no. There were members with Lieutenant Tully that I believe were not state police members, but I wouldn't know how to characterize what their job description was.
MR. BRENNAN: At any time did anybody enter that area or scene — the grid that you and your members were working on — other than your group and Tully and the people with him?
MR. O'HARA: No. Correct. Once we marked off our area, no one came forward of our line. That whole search area was fresh undisturbed snow as we moved through the area and no one moved past our line. Even when Lieutenant Tully and uh the member who works in his unit came to collect the evidence, they didn't move past the point we had — we had searched up to at that time.
MR. BRENNAN: Why were you so careful about anybody coming on to your grid?
MR. O'HARA: We don't want to disturb our scene, but we also don't want to move forward unless we're all moving together, you know, acting in unison.
MR. BRENNAN: Um, given you had brushes and rakes and shovels, um, did you get through every piece of that area?
MR. O'HARA: We didn't go all the way to where I had marked off originally because after we'd found everything that was collected, we had gone approximately 8 to 10 ft without finding any other evidence, uh, Lieutenant Tully and I had a discussion. I think we determined we'd found everything we're going to find that evening and we decided to suspend the search.
MR. BRENNAN: Was it a search that, uh, took up the whole front yard and street of that area?
MR. O'HARA: Uh, our focus was on the street. We really didn't touch the front yard at all. We started to go over the curb at one point to see if we could search the grass area, but we could not properly definitively say we were searching it. Well, as we started to move the snow, we couldn't really differentiate down to the grass level.
MR. BRENNAN: How hard was the ground?
MR. O'HARA: Uh, it was cold, frozen. The ground was frozen, sir.
MR. BRENNAN: And so, not being able to search the entire yard, was there a plan at that point? Did you just end your mission?
MR. O'HARA: So when we suspended our search, we'll always do a full team debrief and we'll debrief with the person who requested our search. And at the end of our search, we'll come up with what we call our probability of detection. We'll give a baseline determination of what I think, percentage-wise, whether we would have found what we were looking for. I did provide that to Lieutenant Tully — told him there was a good chance we did not locate everything that evening and we offered to return at a later date or time at his request.
MR. BRENNAN: When you were looking generally for pieces of tail light and the sneaker, did you have — were you informed? Did you have any idea how much tail light would be in that area?
MR. O'HARA: I did not know, sir.
MR. BRENNAN: Was there any way for you to at that point identify exactly what you were looking for?
MR. O'HARA: No, we didn't have a photo of the tail light. I was never shown anything, so I wasn't sure how much we were actually looking for.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: I withdraw that. What time did you end the search?
MR. O'HARA: Uh, approximately 6:15, I believe. I was the last one to leave, which was 6:23 p.m. when I left.
MR. BRENNAN: Okay. And so how long was the entire search?
MR. O'HARA: It was about 55 minutes. We started again around 5:20, ending around 6:15.
MR. BRENNAN: Sir, do you know if any other colleagues or members went back at a later date?
MR. O'HARA: I have been informed that they did. Yes. But not from my team, but other members of our department.
JUDGE CANNONE: I'll allow it. Just move on.
MR. BRENNAN: Did your team go back?
MR. O'HARA: We did not, sir. No.
MR. BRENNAN: Okay. Thank you. I have no further questions.