Commonwealth v. Read — Trial ArchiveConnor Keefe - Direct/Cross
456 linesJUDGE CANNONE: The jury's coming over. Why don't you come up to side? All right. Can we bring the jurors in, Tony, please?
COURT OFFICER: Yes, thank you.
JUDGE CANNONE: You are unmuted. Okay, thank you.
MR. BRENNAN: Judge, while we're waiting for the jurors, just for the record, I think Miss Little had an opportunity to review the redacted exhibits from yesterday, and I don't think there was any objection to—
JUDGE CANNONE: All right. Thank you.
COURT OFFICER: All rise for your attendance.
COURT CLERK: Hear ye, hear ye. shall be heard. God save the Commonwealth of Massachusetts.
COURT OFFICER: This court is in session. Please be seated.
JUDGE CANNONE: All right. Good morning again, counsel. Good morning. Good morning, jurors. I have to ask you those same three questions. Were you all able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes and affirmatively. Did anyone happen to see, hear, or read anything about this case since we left yesterday? JURORS: No. Thank you. All right, Mr. Brennan, your next witness, please.
MR. BRENNAN: Thank you, your honor. The Commonwealth calls Connor Keefe.
COURT OFFICER: Come on. Step forward. Now step up.
COURT CLERK: Raise your right hand. Thank you. You raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth. So help me God.
MR. KEEFE: Yes.
MR. BRENNAN: Good morning.
MR. KEEFE: Good morning, your honor.
JUDGE CANNONE: All right, Mr. Brennan, whenever you're ready.
MR. BRENNAN: Thank you, your honor. Good morning.
MR. KEEFE: Good morning, sir.
MR. BRENNAN: Could you please introduce yourself to the jury? Spell your last name for the record.
MR. KEEFE: Sure. My name is Connor Keefe. The last name is K-E-E-F-E.
MR. BRENNAN: Mr. Keefe, where do you work?
MR. KEEFE: I work for the Massachusetts State Police.
MR. BRENNAN: What's your position with the Massachusetts State Police?
MR. KEEFE: I'm assigned to the Norfolk District Attorney's Office.
MR. BRENNAN: Are you a trooper?
MR. KEEFE: Yes.
MR. BRENNAN: When did you first start working as a Massachusetts State Police trooper?
MR. KEEFE: 2017.
MR. BRENNAN: Did you go to basic training?
MR. KEEFE: Yes, the academy.
MR. BRENNAN: How long was the academy?
MR. KEEFE: Approximately 6 months.
MR. BRENNAN: Did you have any further training after the academy?
MR. KEEFE: On the job training? Yes. Yes. In various specialties.
MR. BRENNAN: What's your role at the Norfolk County District Attorney's Office?
MR. KEEFE: I am assigned to the homicide unit where we investigate homicides, unattended deaths, suicides, stuff like that. And I'm also a digital forensic examiner at the district attorney's office.
MR. BRENNAN: Did you have a role in investigating this case?
MR. KEEFE: Yes.
MR. BRENNAN: Were you an assigned investigator in this case?
MR. KEEFE: I wasn't the main investigator, but I was involved. Yes.
MR. BRENNAN: Did you deal with any of the digital forensic evidence?
MR. KEEFE: Yes.
MR. BRENNAN: Specifically regarding the digital forensic evidence. Did you meet anybody to obtain a phone?
MR. KEEFE: Yes.
MR. BRENNAN: Who did you meet?
MR. KEEFE: I met Jen McCabe and Kerry Roberts.
MR. BRENNAN: When you met with them, did you have to obtain anything from them?
MR. KEEFE: I obtained a consent form and their cellular device.
MR. BRENNAN: After you received their devices, where did you bring them?
MR. KEEFE: They were brought back to the forensics lab located at the Norfolk District Attorney's Office.
MR. BRENNAN: And what if anything did you do with either or both phones?
MR. KEEFE: I conducted a forensic extraction on those devices.
MR. BRENNAN: An extraction? Is that copying an image of the phone?
MR. KEEFE: Yes.
MR. BRENNAN: Is that different than analyzing the phone?
MR. KEEFE: Yes.
MR. BRENNAN: Were you involved in analyzing Kerry Roberts's phone?
MR. KEEFE: No.
MR. BRENNAN: Were you involved in analyzing Jennifer McCabe's phone?
MR. KEEFE: No.
MR. BRENNAN: Was your role limited to attaching it to GrayKey and doing the extraction?
MR. KEEFE: That is correct.
MR. BRENNAN: And did you do that?
MR. KEEFE: Yes.
MR. BRENNAN: In addition to the phone extractions, if you take us back to January 29, 2022, were you involved in going to 34 Fairview Road in Canton, Massachusetts?
MR. KEEFE: Yes.
MR. BRENNAN: Do you know about what time you went there?
MR. KEEFE: Approximately 5, 5:30.
MR. BRENNAN: What was your role at 34 Fairview Road that evening?
MR. KEEFE: I was asked by my supervisor, Lieutenant Brian Tully, to assist in processing the scene at 34 Fairview Road in Canton, Massachusetts.
MR. BRENNAN: When you arrived at 34 Fairview Road, was there anybody else there?
MR. KEEFE: Yes.
MR. BRENNAN: Who was there?
MR. KEEFE: Lieutenant Tully, members of the Massachusetts State Police search team, the special emergency response team.
MR. BRENNAN: Are you part of the search team?
MR. KEEFE: I am not.
MR. BRENNAN: Did you see what the search team was doing?
MR. KEEFE: They were conducting an area search of the very front of the lawn and the street or road in front of 34 Fairview.
MR. BRENNAN: Did you have any role in that actual searching of evidence?
MR. KEEFE: No, I did not.
MR. BRENNAN: What was your role?
MR. KEEFE: A limited role that night to process any evidence that was discovered during the search.
MR. BRENNAN: When you say process the evidence, can you explain briefly what does that mean?
MR. KEEFE: Sure. I had evidence bags and if a piece of evidence or an item was found, I would place that item into the evidence bag.
MR. BRENNAN: And why would you do that?
MR. KEEFE: To secure it.
MR. BRENNAN: How would you become aware if there was a piece of evidence found?
MR. KEEFE: The search team would alert the supervisor Lieutenant Tully or myself that there was an item or a piece of evidence and Lieutenant Tully would then take a photograph of it and then I would secure the piece of evidence in an evidence bag.
MR. BRENNAN: Do you know if those photographs were timestamped?
MR. KEEFE: I believe so.
MR. BRENNAN: Your role was to put the evidence in the bag and return it to the evidence room. Correct?
MR. KEEFE: Correct.
MR. BRENNAN: Did you do that?
MR. KEEFE: Yes.
MR. BRENNAN: If I could begin, I'd like to show you on the screen a series of exhibits. If we could start with exhibit 74, please. Trooper, do you recognize that item?
MR. KEEFE: Yes.
MR. BRENNAN: What is it?
MR. KEEFE: That is a black Nike shoe.
MR. BRENNAN: Did you see that item that night?
MR. KEEFE: Yes.
MR. BRENNAN: 74A, please. 74B. Thank you. Is that the same sneaker?
MR. KEEFE: Yes, sir.
MR. BRENNAN: After you were alerted to that sneaker, did you place that sneaker into an evidence bag?
MR. KEEFE: Yes.
MR. BRENNAN: Did you bring that item with you today?
MR. KEEFE: Yes.
MR. BRENNAN: Do you have gloves?
MR. KEEFE: Yes, sir.
JUDGE CANNONE: Do you want the lights on, Mr. Brennan?
MR. BRENNAN: Please. Thank you, your honor. And Miss Gilman, you can take the photo down, please. With the court's permission, I'm going to move this piece of evidence — item into evidence.
JUDGE CANNONE: Okay. Let me ask you a few questions before
MR. BRENNAN: You open it. Could you stand and show that bag, sir? There's red tape on it. What's that for?
MR. KEEFE: To secure the bag closed.
MR. BRENNAN: If the bag is opened, is it then retaped?
MR. KEEFE: Yes.
MR. BRENNAN: Do you write on the outside of the bag?
MR. KEEFE: Yes.
MR. BRENNAN: Why do you do that?
MR. KEEFE: To memorialize the date and time when the evidence was collected.
MR. BRENNAN: Could you open the bag and show us what's in it?
MR. KEEFE: Yes, sir. Sorry.
MR. BRENNAN: With the court's permission, can he show the item, please?
JUDGE CANNONE: Thank you.
MR. BRENNAN: Trooper, is that the same item that you found that night?
MR. KEEFE: Yes, sir.
MR. BRENNAN: If you could place it back in the bag, I'd ask this to be marked as an exhibit.
JUDGE CANNONE: All right. Any objection?
MR. YANNETTI: There's no
COURT CLERK: Exhibit 77.
MR. BRENNAN: Sir, you mentioned this writing on the outside of the bag.
MR. KEEFE: Yes.
MR. BRENNAN: What type of information do you write on the bag?
MR. KEEFE: Date, time, location, who is collecting it.
MR. BRENNAN: The time that you write on the bag, is that the specific time the item was found or does that represent a different time?
MR. KEEFE: That could represent a different time.
MR. BRENNAN: And why would that be?
MR. KEEFE: If you're processing multiple things at once, you're bagging things at different times. Then when you seal the bag, that could be the time that is annotated on the bag.
MR. BRENNAN: Can the item be found before the time on that bag?
MR. KEEFE: Yes.
MR. BRENNAN: Would you ever write a time later than when the item was found?
MR. KEEFE: Yes.
MR. BRENNAN: I'd like to move now to exhibit 75, please. And preferably 75A, please. Do you recognize that item?
MR. KEEFE: Yes.
MR. BRENNAN: Is that one of the items you bagged that night?
MR. KEEFE: Yes.
MR. BRENNAN: And if we could turn to 76A, please. Do you recognize that item?
MR. KEEFE: Yes.
MR. BRENNAN: Is that an item that you bagged that night?
MR. KEEFE: Yes.
MR. BRENNAN: Do you have both of those items with you?
MR. KEEFE: Yes, sir.
MR. BRENNAN: Could you produce those, please? Miss Gilman, you could take that down, please. Thank you. [unintelligible]
JUDGE CANNONE: Yes, sir.
MR. BRENNAN: With the court's permission, I'd ask the trooper to open the bag and show the jury. Sir, on those items there are stickers. Did you put the stickers on them?
MR. KEEFE: I did not.
MR. BRENNAN: Do you know where the stickers come from?
MR. KEEFE: I do not.
MR. BRENNAN: Do you know if these items are ever sent to anybody other than your evidence locker? Are they ever removed and given to lab personnel and technicians?
MR. KEEFE: Yes.
MR. BRENNAN: Do you know if that was done in this case?
MR. KEEFE: Yes, I do.
MR. BRENNAN: Inside that bag, is there just two pieces or is there another piece in that bag?
MR. KEEFE: There was another piece in the bag.
MR. BRENNAN: When you put the taillight pieces in that bag, how many pieces did you put in the bag?
MR. KEEFE: I put two.
MR. BRENNAN: Do you know if that other piece in the bag is a piece that broke off or do you know how that arrived there?
MR. KEEFE: I do not.
MR. BRENNAN: Could you just pull out that other small piece and show the jury as well?
JUDGE CANNONE: Enough.
MR. BRENNAN: Is that smaller piece consistent with the same color as the two bigger pieces?
MR. KEEFE: Yes.
MR. BRENNAN: Is it consistent with the same material?
MR. KEEFE: Yes.
MR. BRENNAN: If you could put that back in the bag, please. I'd move this into evidence.
JUDGE CANNONE: Okay. So, Mr. Brennan, I leave it to you and the witness how you do that part.
MR. BRENNAN: Yes, sir. On the small chip piece, you don't know how it became chipped.
MR. KEEFE: I do not.
MR. BRENNAN: I'd ask you to remove that chip. I'd like you to safely secure it, bring it with you and bag it when you leave.
MR. KEEFE: Yes, sir.
MR. BRENNAN: And I'd like to introduce that exhibit. So, we're going to mark the little chip. You want to mark that for identification?
JUDGE CANNONE: Yes. Then we're going to submit that for identification. So, the small chip, secure. Madam court reporter has an envelope for that.
COURT CLERK: Exhibit 78. Exhibit BB for identification.
MR. BRENNAN: Thank you very much. Thank you, Trooper. We have one more bag of items to go through.
MR. KEEFE: Yes.
MR. BRENNAN: Could I have exhibit 73, please? Sir, if you could look at exhibit 73 on the screen, do you recognize that?
MR. KEEFE: Yes.
MR. BRENNAN: And what is it?
MR. KEEFE: A piece of clear plastic.
MR. BRENNAN: Is that piece of clear plastic — when you saw it, was it at ground level?
MR. KEEFE: Yes.
MR. BRENNAN: Did you bag that item?
MR. KEEFE: I did.
MR. BRENNAN: When you bagged that item, was there another item along with it in the same bag?
MR. KEEFE: Yes.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: I'm showing you a photo. You recognize what's in it?
MR. KEEFE: Yes.
MR. BRENNAN: What's in it?
MR. KEEFE: The piece of clear plastic.
MR. BRENNAN: Is that the second piece in the bag, separate from the last exhibit?
MR. KEEFE: Yes.
MR. BRENNAN: Is that an accurate depiction of how you saw it that morning?
MR. KEEFE: Yes, sir.
MR. BRENNAN: I'd move this into evidence as an exhibit, please.
JUDGE CANNONE: Okay. Any objection, Mr. Yannetti?
MR. YANNETTI: There's no objection.
COURT CLERK: Exhibit 79.
MR. BRENNAN: With the court's permission, could we show exhibit 79 to the jury?
JUDGE CANNONE: Yes. Miss Gilman, would you be able to close? Thank you.
MR. BRENNAN: Could you produce those, please?
MR. KEEFE: Yes.
MR. BRENNAN: Are these different in color than the last pieces you showed?
MR. KEEFE: Yes.
MR. BRENNAN: With the court's permission, could the trooper show these pieces?
JUDGE CANNONE: Yes.
MR. BRENNAN: Thank you, Trooper. I've moved these items into evidence.
MR. YANNETTI: No objection, your honor.
JUDGE CANNONE: All right.
COURT CLERK: Exhibit 80.
JUDGE CANNONE: Thank you. Thank you, Trooper Keefe.
MR. KEEFE: Thank you, sir.
JUDGE CANNONE: All right. Any questions?
MR. YANNETTI: Good morning, sir.
MR. KEEFE: Good morning, sir.
MR. YANNETTI: Trooper Keefe, you testified that you received the cell phone of Jennifer McCabe and of Kerry Roberts, correct? With regard to the cell phone of Jennifer McCabe in particular, you had her sign what is called a consent form.
MR. KEEFE: Correct. That's correct.
MR. YANNETTI: What is a consent form?
MR. KEEFE: It allows the trooper or law enforcement to, with the owner's consent, conduct an extraction of the device.
MR. YANNETTI: Okay. And on that consent form, there is a description of the item itself.
MR. KEEFE: Yes.
MR. YANNETTI: In this case, it would have been an iPhone 11.
MR. KEEFE: Yes.
MR. YANNETTI: And there also is an identifier with regard to a specific phone called the IMEI number, the International Mobile Equipment Identifier.
MR. KEEFE: Okay.
MR. YANNETTI: And that would be included on the form as well because it identifies the specific iPhone 11 that Jennifer McCabe had.
MR. KEEFE: Correct. Correct.
MR. YANNETTI: The password was provided on that consent form.
MR. KEEFE: Yes.
MR. YANNETTI: And the form was signed, correct?
MR. KEEFE: Yes.
MR. YANNETTI: By both Jennifer McCabe and by you.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: And there was also a second trooper that would have signed the form as well.
MR. KEEFE: That's correct.
MR. YANNETTI: With regard to the timing of the signing of that form, Jennifer McCabe dated it February 2nd of 2022.
MR. KEEFE: Yes.
MR. YANNETTI: You also dated it February 2nd of 2022, correct?
MR. KEEFE: Correct. Correct.
MR. YANNETTI: Jennifer McCabe did not list the time, but you did.
MR. KEEFE: Correct. I would have to look at the consent form.
MR. YANNETTI: Okay. So your memory — you don't remember what time you indicated or if you indicated a time, but looking at the consent form would refresh your memory.
MR. KEEFE: Yes.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Yes.
MR. YANNETTI: Now, I just ask you to read that silently and then look up at me when you're done, Trooper. Having reviewed that form, does that refresh your memory as to whether you indicated a date and time?
MR. KEEFE: I did. Yes.
MR. YANNETTI: And what was the date and time that you indicated?
MR. KEEFE: It was February 2nd, 2022, 12:08.
MR. YANNETTI: And that would have been 12:08 p.m.
MR. KEEFE: Correct. 12:08 p.m.
MR. YANNETTI: The document that I handed you is not an original, correct?
MR. KEEFE: No, it's not.
MR. YANNETTI: Does it appear to be a precise copy of the original, however?
MR. KEEFE: Yes.
MR. YANNETTI: May I offer that into evidence, your honor, please?
JUDGE CANNONE: Is there an objection, Mr. Brennan?
MR. BRENNAN: No. Subject to redaction.
JUDGE CANNONE: Okay. So don't put it up on the screen.
MR. BRENNAN: I will not.
COURT CLERK: Exhibit 81.
MR. YANNETTI: Now, Trooper Keefe, as of January 29th of 2022, you were colleagues in the same state police unit as Michael Proctor.
MR. KEEFE: Correct. I was.
MR. YANNETTI: At that time, was the unit called the CPAC unit or was it called Norfolk County Detectives?
MR. KEEFE: I don't recall when it changed.
MR. YANNETTI: Okay. It's been called both.
MR. KEEFE: Correct. It has.
MR. YANNETTI: As of January 29th of 2022, there were only 10 troopers in the unit, including supervisors.
MR. KEEFE: Correct. I don't know.
MR. YANNETTI: It's a small unit, is it not?
MR. KEEFE: Relatively small.
MR. YANNETTI: Within the CPAC or the Norfolk County Detectives, every case that comes in is assigned to one particular trooper as the lead investigator in the case.
MR. KEEFE: Correct. That is something that a supervisor would do, not me.
MR. YANNETTI: And have you been assigned as the lead investigator in other investigations?
MR. KEEFE: No, not a homicide investigation.
MR. YANNETTI: No, you have not yet.
MR. KEEFE: No.
MR. YANNETTI: The lead investigator is the trooper who is responsible for the case.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: Michael Proctor was the lead investigator for the investigation into the death of John O'Keefe, was he not?
MR. KEEFE: Yes.
MR. YANNETTI: If somebody asked within your unit while this case was going on, whose case is it or who has that case? Your answer would have been Michael Proctor. Correct?
MR. KEEFE: Yes.
MR. YANNETTI: The two of you have worked cases together in the past, correct?
MR. KEEFE: A few.
MR. YANNETTI: You've worked on this case with Michael Proctor.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: And in fact, within your work on this case, you actually partnered with him for certain assignments within the case, did you not?
MR. KEEFE: You'll have to be more specific.
MR. YANNETTI: Sure. So for instance, on October 21 of 2022, you and Michael Proctor interviewed Sarah Levinson together, correct?
MR. KEEFE: No, I don't recall that.
MR. YANNETTI: Fine. May I just have a moment, your honor?
JUDGE CANNONE: Okay.
MR. YANNETTI: Okay, Trooper, you do not remember interviewing Sarah Levinson on October 21 of 2022 at 12:20 p.m. at the Norfolk DA's office. Is that your current testimony?
MR. KEEFE: Yes.
MR. YANNETTI: Okay. If you saw a copy of that report, would that refresh your memory to any extent? May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. KEEFE: No, not at all.
MR. YANNETTI: I've placed a document in front of you. I just ask you to read that silently to yourself. Look up at me when you're done. And — sorry — Trooper Keefe, just so we're clear, I'm not going to ask you any questions about the specifics of what Sarah Levinson said. So I'll have to brush up on that. I just want to refresh. Go ahead. Having reviewed that report, does that refresh your memory as to whether or not you participated in an interview of Sarah Levinson with Michael Proctor on October 21st of 2022?
MR. KEEFE: Yes.
MR. YANNETTI: Yes. I don't recall the specifics, but — so when you say yes, is it your current testimony that your memory is refreshed that you were actually there?
MR. KEEFE: Yes.
MR. YANNETTI: Okay. And the two of you would have participated in that interview together, correct?
MR. KEEFE: Yes.
MR. YANNETTI: But you did not write the report.
MR. KEEFE: Correct. No, I did not.
MR. YANNETTI: Michael Proctor wrote the report.
MR. KEEFE: Correct. Yes, he did.
MR. YANNETTI: He was the lead investigator writing the report.
MR. KEEFE: Correct. Yes, he wrote this report.
MR. YANNETTI: He chose the language to use in that report.
MR. KEEFE: Correct. I did not have any input on how he wrote this report.
MR. YANNETTI: Right. You had no input. You weren't standing over him while he was typing it.
MR. KEEFE: Correct.
MR. YANNETTI: Correct. Now, other examples — and actually, let me take that back from you if you don't mind. Let me approach.
MR. KEEFE: Yes.
MR. YANNETTI: Thank you.
MR. KEEFE: You're welcome.
MR. YANNETTI: Other examples are the reports on the videos that you — well, strike that. Let me start by saying this. You retrieved videos from both the Waterfall Bar and Grille and C.F. McCarthy's, did you not?
MR. KEEFE: That's correct.
MR. YANNETTI: You and Sergeant Bukhenik retrieved the videos from C.F. McCarthy's, correct?
MR. KEEFE: Yes.
MR. YANNETTI: But lead investigator Michael Proctor was the one to analyze the video and write a report on it.
MR. KEEFE: Correct. I would have to see that report, sir.
MR. YANNETTI: May I approach?
JUDGE CANNONE: Okay. Thank you.
MR. YANNETTI: I'm sorry. And again, if you'd read that silently to yourself and look up at me when you're done. Having reviewed that report, does that refresh your memory about Michael Proctor being the one to write the report on the analysis of the Waterfall video?
MR. KEEFE: Sir, I only — I obtained a copy of the surveillance video. I did not do any analysis on the video.
MR. YANNETTI: That's my question. It was Michael Proctor who did the analysis.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: And that — by the way, I said Waterfall. Is that C.F. McCarthy's there or is that Waterfall?
MR. KEEFE: This is C.F. McCarthy's.
MR. YANNETTI: Okay. I meant C.F. McCarthy's. He was the one to review that video.
MR. YANNETTI: Correct.
MR. KEEFE: Yes. Again, I only got a copy of the surveillance video. I did not do anything else.
MR. YANNETTI: And with regard to the Waterfall Bar and Grille, that was another circumstance where you and Sergeant Bukhenik were the ones to retrieve the video.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: But again, lead investigator Michael Proctor was the one to analyze the video and write the report on it.
MR. KEEFE: Correct. Yes. I would have to see that report as well, sir.
MR. YANNETTI: Okay. Now, another member of your unit was Trooper David DiCicco, correct?
MR. KEEFE: Yes.
MR. YANNETTI: Within your unit, did Trooper DiCicco have a nickname — a first name?
MR. BRENNAN: Objection. May we approach?
MR. YANNETTI: Trooper, in terms of the troopers that were in your unit as of January 29th of 2022, which members of the unit had the least amount of time in the unit at that time?
MR. KEEFE: I don't recall.
MR. YANNETTI: Were you one of the newer members of the unit as of January of 2022?
MR. KEEFE: Yes. Yes.
MR. YANNETTI: Then-Trooper Michael Proctor had more experience than you did as of January 29th of 2022.
MR. KEEFE: Correct. He could have. He'd been on the job longer.
MR. YANNETTI: Okay. Well, if he had been on the job longer, then certainly that means that he did have more experience.
MR. KEEFE: Correct. It depends.
MR. YANNETTI: You attended the autopsy of John O'Keefe on January 31st of 2022. And with regard to other members of your unit, you were the only one to attend that autopsy.
MR. KEEFE: Yes.
MR. YANNETTI: That was done at the medical examiner's office?
MR. KEEFE: The medical examiner's office in Sandwich, Massachusetts.
MR. YANNETTI: In Sandwich, Mass. And it was Dr. Irini Scordi-Bello who performed the autopsy.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: Had you met her prior to that day?
MR. KEEFE: No.
MR. YANNETTI: Had you spoken to her prior to that day?
MR. KEEFE: No.
MR. YANNETTI: Did you know before the autopsy was performed that your former colleague, lead investigator Michael Proctor, had discussed the case with Dr. Scordi-Bello — without telling us what you knew of what was said?
MR. BRENNAN: Objection.
MR. YANNETTI: With regard to Dr. Scordi-Bello's knowledge of what the state police theory was of what happened — did you have to explain that, or was it your understanding she already knew what your theory was?
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained. You can ask that differently.
MR. YANNETTI: What, if any, conversations did you have with Dr. Scordi-Bello about what your unit's theory was about what happened to John O'Keefe?
MR. KEEFE: There was no theory.
MR. YANNETTI: Okay. You did not provide any theory to her.
MR. KEEFE: Correct. I did not provide a theory.
MR. YANNETTI: You learned at the autopsy from your observations that John O'Keefe had two black eyes and a swollen right eye.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: You also learned that there was a small cut above his right eye.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: And there was a small abrasion on the left side of his nose.
MR. KEEFE: Correct. I would have to reference the report for the exact words.
MR. YANNETTI: I have a moment. May I approach?
JUDGE CANNONE: Yes.
PARENTHETICAL: [sidebar/off-mic: unintelligible]
MR. YANNETTI: So, I've placed another document in front of you. Just take a look, read it silently to yourself, and look up at me when you're done. And I would direct your attention to the second page for the question I just asked you. Having reviewed that report, Trooper, is your memory refreshed as to whether you observed a small abrasion on the left side of John O'Keefe's nose?
MR. KEEFE: Yes.
MR. YANNETTI: Now, was this the first autopsy that you had attended or had you attended ones in the past?
MR. KEEFE: I cannot recall. It could have been the first one. Most likely not.
MR. YANNETTI: When you're attending an autopsy as a member of the CPAC unit or the Norfolk detectives unit, you are expecting that the medical examiner is going to examine the body.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: And you're there to witness that examination.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: At the end of the examination, you are expecting that there will be a determination as to cause and manner of death.
MR. BRENNAN: Objection.
MR. YANNETTI: In this case, when the autopsy ended, you left the medical examiner's office.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: When you left, your understanding was that the cause and manner of death was still undetermined.
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: You knew when you left that Dr. Scordi-Bello had seen the scratches or bites or injuries to John O'Keefe's arms.
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: You knew when you left that — in your presence, Dr. Scordi-Bello had seen the injuries to John O'Keefe's arm.
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained as to that line of questioning.
MR. YANNETTI: May we approach?
PARENTHETICAL: [sidebar]
JUDGE CANNONE: Okay. Jurors, feel free to stand up.
MR. YANNETTI: Were you watching Dr. Scordi-Bello as she was conducting the autopsy?
MR. KEEFE: Yes.
MR. YANNETTI: Did she appear to be looking at John O'Keefe's body?
MR. BRENNAN: Objection. It's the same thing.
MR. YANNETTI: Just asking. What direction were her eyes facing when she was examining John O'Keefe's body?
MR. KEEFE: I don't recall.
MR. YANNETTI: Was she looking at the ceiling, Trooper?
MR. KEEFE: She was doing her job, conducting the autopsy. And in order to do that — she was looking at the body, I assume. I'm not —
MR. YANNETTI: Thank you. And looking at the body, you saw her looking at the body, correct?
MR. KEEFE: Yes.
MR. YANNETTI: And looking at the body, the body included an arm, correct?
MR. KEEFE: Yes.
MR. YANNETTI: And the arm was not covered up during the autopsy.
MR. KEEFE: Correct. No.
MR. YANNETTI: It was open for you to see.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: And you saw the injuries to John O'Keefe's arm.
MR. KEEFE: Correct. Yes.
MR. YANNETTI: You didn't see any bruising on his arm.
MR. KEEFE: Correct. I don't recall.
MR. YANNETTI: You didn't notice any obvious broken bones, did
MR. KEEFE: I'm not a medical expert.
MR. YANNETTI: And it is common practice for the state police to attend autopsies when there's an undetermined death. Correct?
MR. KEEFE: Yes.
MR. YANNETTI: It is not at all common for the defense to attend an autopsy. Correct?
MR. KEEFE: I've never experienced that.
MR. YANNETTI: Right. And there was no defense attorney or defense expert at the autopsy of John O'Keefe. Correct?
MR. KEEFE: Not when I was there.
MR. YANNETTI: You were there. Correct?
MR. KEEFE: Yes.
MR. YANNETTI: And there was nothing that prevented you from giving input to the doctor as she examined the body. Correct?
MR. KEEFE: We don't give input. We give the facts that we know so far in the case.
MR. YANNETTI: Okay. Well, giving the facts is giving input, is it
MR. KEEFE: Not? It's not input.
MR. YANNETTI: Okay. Did you talk to Dr. Scordi-Bello during the autopsy?
MR. KEEFE: Yes.
MR. YANNETTI: And you gave her information — if you don't want to call it input. Correct?
MR. KEEFE: Yes.
MR. YANNETTI: And at the end of it, you left without her ruling it a homicide. Correct?
MR. BRENNAN: Objection.
MR. YANNETTI: I have nothing further.
JUDGE CANNONE: Anything?
MR. BRENNAN: No. None.