Commonwealth v. Read — Trial ArchiveNicholas Guarino - Direct (Part 3)
135 linesMR. BRENNAN: The Commonwealth recalls Trooper Guarino.
JUDGE CANNONE: Okay.
MR. BRENNAN: Your Honor, I'll inform the court that this will be the last recall for Trooper Guarino.
JUDGE CANNONE: Thank you. Welcome. Please step up.
COURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
MR. GUARINO: I do.
JUDGE CANNONE: Thank you.
MR. BRENNAN: Good afternoon.
MR. GUARINO: Good afternoon, sir.
JUDGE CANNONE: Again, if you need to stand at the podium at any point, please do so.
MR. BRENNAN: Thank you. I'm sorry. May I proceed?
JUDGE CANNONE: Yes.
MR. BRENNAN: Good afternoon.
MR. GUARINO: Good afternoon, sir.
MR. BRENNAN: Last time you appeared, there were a number of extraction reports that we introduced into evidence. Do you remember that?
MR. GUARINO: Yes, I do.
MR. BRENNAN: And just remind us briefly what an extraction report is.
MR. GUARINO: Uh, it's the information from the cell phones that I pull up via Cellebrite.
MR. BRENNAN: All right. So I'm just going to ask that this witness identify himself. My apologies. Could you please again introduce yourself to the jury? Spell your last name for the record.
MR. GUARINO: Uh, I'm Trooper Nicholas Guarino. G-U—
MR. BRENNAN: You were explaining what an extraction report is.
MR. GUARINO: Yes. Uh, it's the information in the cell phones. Uh, we can create PDFs or portable cases from the information, whatever is specified.
MR. BRENNAN: An extraction report — can it be general or more narrow?
MR. GUARINO: Yes, it can be.
MR. BRENNAN: I want to introduce a few more extraction reports that we didn't get to last time. Okay. In this case, did you use John O'Keefe's phone to create an extraction report that included all of his calls from the 28th and the 29th of January 2022?
MR. GUARINO: Yes, I did.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Handing you a document. Do you recognize that document?
MR. GUARINO: Yes, I do.
MR. BRENNAN: And what is it?
MR. GUARINO: Uh, it's John O'Keefe's call logs, uh, from the 29th to the 28th.
MR. BRENNAN: I move this into evidence.
JUDGE CANNONE: Thank you.
MR. BRENNAN: Did you create an extraction report that included a text message between the defendant and Jennifer McCabe?
MR. GUARINO: Yes, I did.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Handing you a document. Do you recognize that?
MR. GUARINO: Yes, I do.
MR. BRENNAN: Can you tell us what that is?
MR. GUARINO: Yes. It's the text chain from the defendant to Jen McCabe.
MR. BRENNAN: I move this into evidence, please.
JUDGE CANNONE: Exhibit 66.
MR. BRENNAN: Yes. One moment. Thank you. With the court's permission, could Trooper Guarino read this to the jury?
JUDGE CANNONE: Okay.
MR. BRENNAN: Could you kindly read that and explain it to the jury with all the information on it?
MR. GUARINO: Yes. Uh, this is from the defendant to Jen McCabe. Uh, 7:26:52 a.m. on the 29th, says: "Can you send me Cari's number?"
MR. BRENNAN: Did — do you further... I'm sorry. Let me step back. Can you review that again?
MR. GUARINO: Yes. And do you see who that's from, and who it's to? Uh, I'm sorry. It's from Jen McCabe to the defendant.
MR. BRENNAN: And what does it say?
MR. GUARINO: "Can you send me Cari's number?"
MR. BRENNAN: What time and date?
MR. GUARINO: That is 7:26:52 a.m. on April 29th, 2022.
MR. BRENNAN: Thank you. Did you do a further extraction report from John O'Keefe's phone with text messages between him and a person named Kay?
MR. GUARINO: Yes, I did.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: You recognize that?
MR. GUARINO: Yes.
MR. BRENNAN: What is it?
MR. GUARINO: It's the text chain between John O'Keefe and Kay. The date it goes — sorry, it's kind of faded. — January 28th, 2022 to January 29th, 2022.
MR. BRENNAN: Thank you. I'd move this into evidence.
JUDGE CANNONE: Okay. Exhibit 67.
MR. BRENNAN: Thank you. Trooper Guarino, we're done with extraction reports. Okay. Did you have an opportunity to obtain phone messages — phone calls and text messages between the defendant and Mr. O'Keefe? Thank you. Thank you, your honor. Trooper Guarino, did you have an opportunity to obtain phone calls, voice messages, and text messages from the defendant to Mr. O'Keefe's phone on the evening of January 29th, 2022?
MR. GUARINO: Yes, I was.
MR. BRENNAN: Where did you get the phone call records from?
MR. GUARINO: From John O'Keefe's phone.
MR. BRENNAN: Where did you get the voicemails from?
MR. GUARINO: Also from John O'Keefe's phone.
MR. BRENNAN: Where did you get the text messages from?
MR. GUARINO: From John O'Keefe's phone.
MR. BRENNAN: Did you have an opportunity to take those phone calls, the voice messages, and the text messages, and put them in chronological order?
MR. GUARINO: Yes, I did.
MR. BRENNAN: Did you include all of the phone calls, all the text messages, and all of the voicemails between John O'Keefe and the defendant?
MR. GUARINO: Yes.
MR. BRENNAN: Did you create a PowerPoint to put them in chronological order?
PARENTHETICAL: [voicemail — vm1, 12:37:08]
MR. BRENNAN: : I fucking hate you.
PARENTHETICAL: [voicemail — vm2, 12:41:35]
MR. BRENNAN: : beeping — accidental call, no intelligible voice That's good.
PARENTHETICAL: [voicemail — vm3, 12:59:04]
MR. BRENNAN: : John, I'm here with your fucking kids and nobody knows what the fuck you are, you fucking pervert.
MR. GUARINO: Yes.
PARENTHETICAL: [voicemail — vm5, 1:10:07]
MR. GUARINO: : 1 in the morning. I'm with your fucking niece and nephew. You fucking pervert. You're a fucking pervert. At 1:10:44 a.m., the defendant calls John. It's not answered. At 1:12:18 a.m., the defendant calls John. It's not answered. 1:12:46 a.m. The defendant calls John. It's not answered. 1:13:13 a.m. The defendant calls John. Not answered. Um, sorry. 1:14:11 a.m. The defendant calls John. It's not answered. 1:14:4_ a.m. The defendant calls John. Not answered. 1:16:10 a.m. The defendant calls John. Not answered. 1:16:38 a.m. The defendant calls John. Not answered. At 1:17:37 a.m., the defendant calls John. Voicemail number six is left with voice. Miss Gilman. vm6 playing: John, I'm going home. I cannot [unintelligible]. I need to go home.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Showing you a binder, sir. Could you open it up? Tell us what this is.
MR. GUARINO: Yes. This is the phone calls and text messages between the defendant and John O'Keefe, as well as the voicemails.
MR. BRENNAN: Is there a package in the front of that binder?
MR. GUARINO: Yes, there is.
MR. BRENNAN: And what is that package?
MR. GUARINO: Says defendant's voicemails on 1/29/2022 — the USB thumb drive that should have those files on.
MR. BRENNAN: Your honor, I move this binder as the next exhibit. It would include both a PowerPoint presentation as well as a clip of the phone.
JUDGE CANNONE: Should — yes.
MR. BRENNAN: Do you need the thumb drives?
JUDGE CANNONE: I don't.
MR. BRENNAN: Okay. Mark this, please.
COURT CLERK: Exhibit 68.
MR. BRENNAN: Thank you. Thank you. With the court's permission, I would ask that Trooper Guarino take us through the PowerPoint presentation.
JUDGE CANNONE: Yes. Thank you. Is it okay to begin?
MR. BRENNAN: Okay. Please.
MR. GUARINO: So, this is the phone calls on the 29th. So at 12:33 a.m., the defendant calls John. That phone call is not answered. 12:34:09 a.m. The defendant calls John. It's not answered. 12:34:48 a.m. The defendant calls John. It's not answered. 12:35:09 a.m. The defendant calls John. Not answered. 12:35 — the defendant calls John. It's not answered. 12:36:09 a.m. The defendant calls John. It's not answered.
MR. BRENNAN: Trooper, let me stop you there for a second.
MR. GUARINO: Mm-hmm.
MR. BRENNAN: Did you look into any internet connection between the defendant's phone and the router and the internet connection at John O'Keefe's home that night?
MR. GUARINO: Yes. At 12:36:09 a.m., the defendant's phone auto-connects to the Wi-Fi PatsFan123.
MR. BRENNAN: Are you familiar with the router at Mr. O'Keefe's home?
MR. GUARINO: I have not done a look at it in person, but that's the known network that's listed under it. There are two — PatsFan123 and O'Keefe 74.
MR. BRENNAN: Did you learn the range that a connection must be in in order to connect to his router?
PARENTHETICAL: [sidebar]
JUDGE CANNONE: All right, Mr. Brennan, the next witness for the Commonwealth — we're going to return to Charles Rae, please. Okay, jurors. Thank you for your patience.
MR. GUARINO: Yes. So, depending on the router, it's either a 2.4 GHz or 5 GHz radio band — or signal band, I should say. Depending on which one it's connecting to, which band, it's either 150-foot indoor range or up to 300 feet outdoor. So, again, when you pull into your home, sometimes you can still be connected to your home Wi-Fi in the driveway.
MR. BRENNAN: And again, can you give us the time of the connection between the defendant's phone and Mr. O'Keefe's router at Meadow Street that night?
MR. GUARINO: Yes. 12:36:09 a.m.
MR. BRENNAN: Please continue.
MR. GUARINO: At 12:36:40 a.m., the defendant calls John. It's not answered. At 12:37:08 a.m., the defendant calls John, and voicemail number one is left with voice.
MR. BRENNAN: Miss Gilman, would you kindly play the voicemail for 12:37:08?
MR. GUARINO: At 12:38:26 a.m., the defendant calls John. It's not answered. 12:39:03 a.m., the defendant calls John. It's not answered. 12:39:37 a.m., the defendant calls John. It's not answered. 12:40:43 a.m., the defendant calls John. It's not answered. At 12:41:35 a.m., the defendant calls John. Voicemail number two is left. Some beeping noises — appears to be a butt dial or accidental call.
MR. BRENNAN: Miss Gilman, could you play the voice message at 12:41:35?
MR. GUARINO: The defendant texts John O'Keefe at 12:55:31 a.m. on the 29th: "I'm going home." Defendant texts John O'Keefe — sorry — "See you later." At 12:55 a.m. on the 29th. At 12:58:19 a.m., the defendant calls John. It's not answered. 12:58:47 a.m. The defendant calls John. It's not answered. 12:59:04 a.m., the defendant calls John. Voicemail number three is left with voice.
MR. BRENNAN: Miss Gilman.
MR. GUARINO: At 1:00:26 a.m., the defendant calls John. It's not answered. At 1:00:49 a.m., the defendant calls John. Voicemail number four is left. It's a 1-second call, no sound. That was it. The defendant texts John O'Keefe: "Your kids are home alone" at 1:02:00 a.m. on the 29th. Defendant texts John O'Keefe: "I'm back in Mansfield. The kids are home alone." 1:04:14 a.m. on the 29th. At 1:10:07 a.m., the defendant calls John. Voicemail number five is left with voice.
MR. BRENNAN: Miss Gilman.
MR. GUARINO: Yes.
MR. GUARINO: You are fucking using me right now. You're fucking another girl. She's sleeping next to me. You're a fucking loser. Fuck yourself. At 1:18 a.m., the defendant calls John. Not answered. At 4:38 a.m., the defendant calls John. Not answered. 4:38 a.m. The defendant calls John. Not answered. 4:39 a.m. The defendant calls John. Not answered. 4:40:05 a.m. The defendant calls John. Not answered. 4:20, excuse me, 4:42:5_ a.m. The defendant calls John. Not answered. 4:42:54 a.m. The defendant calls John. Not answered. 4:45:10 a.m. The defendant calls John. Not answered. 5:04:27 a.m. The defendant calls John. Not answered. 5:21:28 a.m. The defendant calls John. Not answered. 5:21:58 a.m. The defendant calls John. Not answered. 5:23:26 a.m. The defendant calls John.
MR. GUARINO: Voicemail number seven is left with voice. Miss Gilman. vm7 playing: [unintelligible] At 5:24:27 a.m., the defendant calls John. Not answered. 5:25:28 a.m. The defendant calls John. Not answered. 5:26:14 a.m. The defendant calls John. Not answered. 5:28:11 a.m. The defendant calls John. Not answered. 5:28:43 a.m. The defendant calls John. Not answered. 5:29:21 a.m. The defendant calls John. Not answered. 5:29:46 a.m. The defendant calls John. Not answered. 5:30:15 a.m. The defendant calls John. Not answered. 5:30:52 a.m. The defendant calls John. Not answered. 5:31:21 a.m. The defendant calls John. Not answered. 5:36:29 a.m. The defendant calls John. Not answered. 6:03:00 a.m. The defendant calls John. And voicemail number 8 is left with some voice and noise in background.
MR. GUARINO: Miss Gilman, could you play that, please? vm8 playing: Follow me. Um, yes. I need some people getting blankets. I don't see very— —First floor. John— [unintelligible] Thank you. [unintelligible] I know. I know. I know. I know. Get ready. [unintelligible] [unintelligible]
JUDGE CANNONE: If we have the lights on, please.
MR. BRENNAN: I have no further questions.
JUDGE CANNONE: All right. Mr. Alessi, does this seem like a good time to take the lunch recess?
MR. ALESSI: Yes, your honor.
JUDGE CANNONE: Okay. All right. So, folks, we will take a 45-minute lunch.
COURT OFFICER: Court, arise, please.