Commonwealth v. Read — Trial ArchiveYuri Bukhenik — Direct
1,780 lines(Court in session at 9:04 a.m.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: Good morning, Counsel. Good morning, Ms. Read. Good morning, jurors. This is great. This may be the earliest we got started, so I appreciate everybody being here so we can go right away. I do have to ask you those questions. Was everyone able to follow my instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes and nodded affirmatively. Were you also able to follow my instructions and refrain from doing any independent research or investigation into this case? Everyone said yes or nodded affirmatively. Did anyone happen to see, hear, or read anything about this case since we left yesterday? Everyone said no or shook their heads. Mr. Brennan, your next witness, please.
MR. BRENNAN: Thank you, Your Honor. The Commonwealth calls Yuriy Bukhenik. YURIY BUKHENIK, sworn
JUDGE CANNONE: Good morning.
MR. BUKHENIK: Good morning, Your Honor. Good morning, ladies and gentlemen.
JUDGE CANNONE: All right, Mr. Brennan, whenever you're ready.
MR. BRENNAN: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. BRENNAN:
MR. BRENNAN: Good morning.
MR. BUKHENIK: Good morning, sir.
MR. BRENNAN: Could you please introduce yourself to the jury and spell your last name for the record?
MR. BUKHENIK: My name is Yuriy Bukhenik. My last name is spelled to B-U-K-H-E-N-I-K.
MR. BRENNAN: Mr. Bukhenik, where do you work?
MR. BUKHENIK: I worked for the Massachusetts State police.
MR. BRENNAN: What is your role with the Massachusetts State Police?
MR. BUKHENIK: I'm currently assigned as a sergeant with the Norfolk District Attorney's Office in the homicide section.
MR. BRENNAN: I want you take us back to before you became a state police trooper with the Norfolk County District Attorney's Office. Where were you born?
MR. BUKHENIK: I was born in Lviv, Ukraine.
MR. BRENNAN: Did you immigrate?
MR. BUKHENIK: Yes.
MR. BRENNAN: How old were you when you immigrated?
MR. BUKHENIK: I was nine years old when my family moved to the Boston area.
MR. BRENNAN: Did you attend public schools?
MR. BUKHENIK: Yes.
MR. BRENNAN: Through high school?
MR. BUKHENIK: Yes.
MR. BRENNAN: Tell us what you did after high school.
MR. BUKHENIK: After high school, I enlisted in the United States Marine Corps.
MR. BRENNAN: Why did you enlist in the Marine Corps?
MR. BUKHENIK: It was right after 9/11 and my friends were --
MR. JACKSON: Objection.
JUDGE CANNONE: He can finish this answer and then just move along. Go ahead, you can finish. A My friends and I decided to serve in the nation's Armed Forces.
MR. BRENNAN: Did you serve in the Marine Corps?
MR. BUKHENIK: I did.
MR. BRENNAN: Did you go through training?
MR. BUKHENIK: I did.
MR. BRENNAN: Did you learn any skills?
MR. BUKHENIK: My specialty was military police, and I attended the military police school at Fort Leonard Wood, Missouri.
MR. BRENNAN: Through your military service, did you receive top- secret clearances?
MR. BUKHENIK: Yes, my first duty station was with Marine One Presidential Helicopter Squadron. The duty station requires a top-secret Yankee white SCI clearance. And as a result, I attained that clearance and held it throughout my career.
MR. BRENNAN: Did you engage in any special assignments?
MR. BUKHENIK: The presidential helicopter squadron is a special assignment. We provide security for the presidential helicopters and presidential assets. With that clearance, we are read into a SEI program which is a need to know basis type situation.
MR. BRENNAN: How long were you in the military for?
MR. BUKHENIK: Four years.
MR. BRENNAN: When did you -- when were you discharged from the Marines? What year?
MR. BUKHENIK: 2006.
MR. BRENNAN: Honorably discharged?
MR. BUKHENIK: Yes.
MR. BRENNAN: After you were honorably discharged from the Marines, what did you do next?
MR. BUKHENIK: I had a passion for law enforcement, and I wanted to serve my community here in Massachusetts, so I left California and came home applied for various police departments, ultimately, getting a job with the VA Hospital Police here in the Boston region.
MR. BRENNAN: When did you transition from the VA to Massachusetts State Police, what year?
MR. BUKHENIK: I actually transitioned to the Attleborough Police Department. I worked there as a patrol officer, SWAT team member, then in 2011, I transitioned from Attleboro to Massachusetts State Police.
MR. BRENNAN: When did you join the homicide unit?
MR. BUKHENIK: It was May of 2015.
MR. BRENNAN: And have you been in that position since?
MR. BUKHENIK: I have.
MR. BRENNAN: And you're now a sergeant in that?
MR. BUKHENIK: I am.
MR. BRENNAN: I want to ask you about the structure of the homicide unit for the state police. How many different troopers work in the homicide unit at Norfolk County DA's office?
MR. BUKHENIK: We have a range from two to six troopers working in the homicide section over the years that I've been there. Currently, we have six homicide detective troopers in the section.
MR. BRENNAN: What type of cases does your unit investigate?
MR. BUKHENIK: Our unit investigates primarily unattended deaths. Unattended deaths are those that are not attended by a physician. A variety of deaths including natural deaths, old-age, medical conditions, accidental, industrial accidents, obviously, homicides, overdoses. We have suicides as well. And those vary in age on the victims that pass, whether they're stillborn infant deaths, children that pass away of SIDS or, unfortunately, teenage suicides.
MR. BRENNAN: Have you been to a number of scenes, a number of cases?
MR. BUKHENIK: Yes, I have.
MR. BRENNAN: Do you handle more than one case at a time?
MR. BUKHENIK: Yes, we do.
MR. BRENNAN: When a case, an attended death is notified to your office, is that routine or is it by statute?
MR. BUKHENIK: The notification comes in due to the statutory requirement. In Massachusetts, under Mass. General Law, Chapter 38, Section 4, the authority is given to the district attorney in each county to investigate those deaths. They appoint designees and within Norfolk County, those designees are law enforcement agents from the Massachusetts State Police. So in our county, the Massachusetts State Police, with the district attorney's authority, investigate all unattended deaths.
MR. BRENNAN: You mentioned that it's called the homicide unit. Are many of the deaths that you investigate not homicides?
MR. BUKHENIK: Primarily, the death investigations are not homicides.
MR. BRENNAN: When you walk into a call, do you have a preconceived notion whether it's a homicide or not a homicide?
MR. BUKHENIK: When we walk into a call, we take in all the evidence. So we do not know exactly what we're going to have as a finding. We follow the evidence. We follow the information that we're provided that we learned throughout the investigation. At times, it's obvious there was a homicide when the local agency that's reporting the death says that there was a shooting, reported, and there's a, you know, a deceased person at the scene. So, yes, we will know that it's most likely a homicide, but we don't make a preconceived notion or a determination before we get there.
MR. BRENNAN: You said there are a number cases that go through your office. Do you work investigations by yourself?
MR. BUKHENIK: Never, no.
MR. BRENNAN: Are investigations assigned to the group as a whole, or is there a particular trooper in the unit?
MR. BUKHENIK: We have case officer and the assignment of the responsibility when you will most likely be a case officer is scheduled a month or so in advance. So each trooper has a responsibility of a 24-hour period that they are on call. They respond to the scenes, whether it be a train strike versus pedestrian or a vehicle or a suicide by, you know, hanging, they respond, and then if they need assistance, or they think that there's something more, additional resources are called out like crime scene services, which helps us document scenes, et cetera.
MR. BRENNAN: Have you been assigned a homicide or a homicide investigation?
MR. BUKHENIK: Yes.
MR. BRENNAN: In the cases where you were assigned, do you investigate the case alone?
MR. BUKHENIK: Never. It's always a team effort. Every case requires a team effort. Just the amount of work that goes into collecting evidence, interviewing witnesses, interviewing involved parties, interviewing the suspect. All those tasks that are required and collecting surveillance footage require manpower and time and resources, and so every investigation, although it has a case officer, it requires a team effort of individuals to work together in concert to accomplish a successful investigation.
MR. BRENNAN: Are you often working on more than one investigation at the same time?
MR. BUKHENIK: Yes, we are.
MR. BRENNAN: If you were the case officer, would you have other resources you would use to help with the investigation, other units in the Massachusetts State Police or local police?
MR. BUKHENIK: Yes. Typically we partner up with the local police detectives, and when we're conducting interviews, it's a state trooper and a local detective that are conducting those interviews or collecting surveillance footage and so forth. And there's a reason behind it. The reason why we pair up is, not just the manpower, it's also we work in the dangerous line of work, and people could lose their life, people could get injured, or, unfortunately, people could get fired or retire and no longer be available to testify, provide their testimony, or be a resource in the future.
MR. BRENNAN: Is it a common practice that when there's investigation, more than one trooper will appear at many events?
MR. BUKHENIK: It is very common and preferred. Unfortunately, in, you know, in the real world, it's not always possible. A trooper can be responding to a scene and just to simply grab something from another trooper and could be approached and a small, brief interview could happen. If a trooper is at a home talking to a witness and others show up, willing to provide information, he has to conduct that interview by himself because of the resources aren't available for him.
MR. BRENNAN: Let's talk about the assignment of this case. You said that there's case assignments schedule that is made in advance?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: On the day or the morning of January 29, 2022, do you know who was assigned to take calls for new cases?
MR. BUKHENIK: Yes. Before 7:00 a.m. on the 29th, it was Michael Proctor that was assigned to be on call.
MR. BRENNAN: Is there a supervisor assigned as well in addition to a trooper that's not in a superior position?
MR. BUKHENIK: Yes. Everyday there's a supervisor assigned. In addition to the on-call trooper, there's a supervisor that's also available for any reason any time to respond, assist that trooper if there's any questions or issues that come up.
MR. BRENNAN: Was there a supervisor assigned that morning?
MR. BUKHENIK: Yes, there was.
MR. BRENNAN: And who was that?
MR. BUKHENIK: It was myself.
MR. BRENNAN: When did you first hear or learn anything about this call or this case?
MR. BUKHENIK: In a unique fashion, this call actually came from the troop H headquarters, which is the field services portion of the state police, the uniform patrols that service the Metro Boston area. The headquarters’ duty officer contacted me I think by mistake misdialing the number because our names and numbers were listed one above the other. So the call actually came in to me. I took the call and advised them that I would call the on-call trooper for that day, and they would contact Canton PD and take the appropriate steps.
MR. BRENNAN: About what time did you receive a call that morning?
MR. BUKHENIK: Approximately, 6:44 in the morning.
MR. BRENNAN: After receiving the call around 6:44 that morning, did you contact anybody to assign a case manager, or did you get involved personally?
MR. BUKHENIK: I called Michael Proctor and told him to reach out to Canton and follow up on the report of a male in a snowbank.
MR. BRENNAN: And this is around 6:44 a.m.?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: What did you do next?
MR. BUKHENIK: I waited for a call back from Michael Proctor, and he reported the details of, yes, there was a male found in a snowbank in Canton, and that they were requesting our assistance, as he had sustained injury and was unresponsive, and had been transported to Good Samaritan Hospital.
MR. BRENNAN: What was the plan at this point?
MR. BUKHENIK: At this point, where I learned that he had sustained injury, there was a heavy blizzard in the area, I decided myself to get dressed, shovel out, and respond to Canton.
MR. BRENNAN: Were you required to get involved and go to Canton that morning?
MR. BUKHENIK: At this point in time, I was not, but I thought that it would be prudent on me to at the very least shovel out because another call could have come in, and I would have had to respond to that and the driveway would've been shoveled.
MR. BRENNAN: Were you in touch with Mr. Proctor?
MR. BUKHENIK: I was.
MR. BRENNAN: Did you have any plan to meet him?
MR. BUKHENIK: Yes.
MR. BRENNAN: When and where?
MR. BUKHENIK: We decided to meet at Canton Police Department.
MR. BRENNAN: And about what time were you going to leave your home, when did you leave your home?
MR. BUKHENIK: I left my home probably around 8:50, and I know we -- I arrived to the Canton Police Department approximately 9:15 in the morning.
MR. BRENNAN: Did you know the address where the person was found in the snow?
MR. BUKHENIK: At that time, I learned the address once we got to the police department, but it had no significance for me. I did not know where it was.
MR. BRENNAN: Why did you plan to go to the Canton Police Department instead of going to the scene first?
MR. BUKHENIK: The Canton Police Department fire department personnel and paramedics had already cleared the location, so we, again given the conditions, it would be -- we were in a controlled environment. Inside a police station to exchange information, collect any evidence, if it was available, and the police department safety and security of that would've been the best location for it.
MR. BRENNAN: You mentioned that you arrived at the Canton Police Department around 9:15 a.m.?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Was Mr. Proctor there when you arrived?
MR. BUKHENIK: Mr. Proctor was there walking in with me.
MR. BRENNAN: When you went in with Mr. Proctor that morning, who did you meet?
MR. BUKHENIK: We went in. We met with multiple Canton police personnel, one of which being Sergeant Goode. He was one of the first responders to the initial scene.
MR. BRENNAN: Did you receive any items from Sergeant Goode or any of the police officers while you were there?
MR. BUKHENIK: Yes, we received -- we didn't receive it, but we were shown a broken cocktail glass, the bottom of a broken cocktail glass. We were provided Mr. John O'Keefe's cell phone, and I was also shown a brown paper bag with six plastics solo cups in it containing a -- what was reported to be blood in the snow.
MR. BRENNAN: When you were shown these items and had a discussion with the Canton Police Department, were any decisions made about the future of the investigation? You had shared with us earlier that typically the state police pair up with local detectives. Did you do that that morning?
MR. BUKHENIK: That morning, we did not. We had learned that there was a loose, familiar connection through town channels with the address and possibility of a Canton police officer or a detective. So Canton police, out of overwhelming precaution into impropriety, not that there was one, decided to step away from any interview investigation assistance with us.
MR. BRENNAN: Has that happened in your career before?
MR. BUKHENIK: Yes, it has, yes.
MR. BRENNAN: Since there would be no local detective, did that change your role at this point in the case, your involvement?
MR. BUKHENIK: It did not change my involvement, but it did bring up a concern of manpower. We are obviously limited by staff. The weather conditions also further exacerbated that issue, so transportation was an issue. Timing is always an issue. And you can never have enough manpower.
MR. BRENNAN: Did your role becomes more prominent given there was no local detective involved?
MR. BUKHENIK: I would have to pick up the slack. I'm a team player. I always want to assist in any which way I can to make others' life easier.
MR. BRENNAN: And you were Mr. Proctor's supervisor?
MR. BUKHENIK: I was.
MR. BRENNAN: After you received the broken glass, the cell phone, and you saw the plastic cups with the blood in them, where did the evidence next lead you?
MR. BUKHENIK: Based on the information, we had learned, and the evidence, we decided that we needed to speak to the individuals who were last in contact and present at the scene when Mr. O'Keefe was found.
MR. BRENNAN: Did you have any specific other information that you were following at that point?
MR. BUKHENIK: Yes. We had statements made by the defendant that she was questioning whether she had hit him and to that extent.
MR. BRENNAN: Had you focused in on a target at this point or reach any conclusions about your investigation?
MR. BUKHENIK: No, we were still in the information and fact-finding portion of the investigation. We are not ruling out people as much as -- we're not ruling people in as much as we're ruling people out. So we need to get as much information as possible that is in physical form, statement form, and circumstantial factors as well.
MR. BRENNAN: Where did the evidence take you next?
MR. BUKHENIK: Following three interviews conducted in Canton with witnesses, we proceeded to the Good Samaritan Hospital because, based on the information I learned, I needed to put eyes on Mr. O'Keefe and his injuries. I needed to see what exactly the witnesses were describing.
MR. BRENNAN: Do you remember who you spoke with that morning before you decided that you wanted to go to the hospital to see Mr. O'Keefe?
MR. BUKHENIK: Yes, we interviewed Ms. Jen McCabe, Mr. Matt McCabe, and Mr. Brian Albert at the McCabe residence.
MR. BRENNAN: How long or about what time did you get to see Mr. O'Keefe?
MR. BUKHENIK: We got to see Mr. O'Keefe I would approximate maybe about 12:30, maybe 1 o'clock-ish, in the afternoon.
MR. BRENNAN: Why did you want to see him, specifically?
MR. BUKHENIK: I wanted to see the injuries for myself, the location of the injuries, the types of injuries, the extent of the injuries, and overall condition that his body was in would be very telling. The mechanism of injury, how it might have taken place, and also the correlation of any evidence at the scene with those injuries.
MR. BRENNAN: You don't have any medical degrees, do you?
MR. BUKHENIK: I do not, no.
MR. BRENNAN: How about biomechanical engineering?
MR. BUKHENIK: No.
MR. BRENNAN: Do you have life and job experience in these situations?
MR. BUKHENIK: Yes, 20 plus years of law enforcement investigating car crashes, pedestrian crashes, and ten years in homicide.
MR. BRENNAN: Your role is not to make a diagnosis, is it?
MR. BUKHENIK: No, it's not.
MR. BRENNAN: Is this information and your interpretation, based on your experience, important in guiding what you are going to do in the investigation?
MR. BUKHENIK: Yes, it is, very.
MR. BRENNAN: Do you ultimately get to Good Samaritan Hospital?
MR. BUKHENIK: Yes, we do.
MR. BRENNAN: Okay. Take us through what happens when we got there.
MR. BUKHENIK: When we got to Good Samaritan Hospital, the driving conditions were treacherous. It took us 45 minutes from Canton Center, basically, to Good Sam, which should be a 15, 20 minute drive. At one point I had to get off the highway because I couldn't tell if I was on the roadway, or if I was off the roadway. So the guidance of trees on the side of the road through the town streets actually helped us guide the path to Good Samaritan. Once we arrived, we walked to the emergency department where Mr. O'Keefe was initially treated, and where he remained. Upon arrival, we spoke with medical personnel who advised us that the defendant had, at that point, been discharged from the hospital, and that Mr. O'Keefe was still in the emergency room and available for us to view.
MR. BRENNAN: At that point, you said the defendant had been discharged. She was not the defendant at that point?
MR. BUKHENIK: No, she was not, no.
MR. BRENNAN: Did you have a chance to enter a room or actually see Mr. O'Keefe?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Had he passed at that time?
MR. BUKHENIK: Yes, he has.
MR. BRENNAN: When you walk in the room, what do you see?
MR. BUKHENIK: When I walked into the room, I saw a medical bed in front of me. Mr. O'Keefe was covered with a sheet as typical with any victim that had passed. There was a pile of clothing to the left at his feet -- to the left of the bed. I observed several injuries on him once I lifted the sheet, and those were documented with photographs by crime scene services member of the state police who also met us at the hospital for that purpose.
MR. BRENNAN: So there were other members of the team that were there to photograph --
MR. BUKHENIK: Yes.
MR. BRENNAN: -- Mr. O'Keefe and some of the injuries?
MR. BUKHENIK: Yes.
MR. BRENNAN: How many people were in the room with you and Mr. Proctor when you were observing and viewing Mr. O'Keefe?
MR. BUKHENIK: There was a total of three of us: myself, Mr. Proctor, the crime scene services individual. There was medical staff coming in, nurses asking us if there was anything that we needed to assist us with. But from law enforcement, there was three of us there.
MR. BRENNAN: Now, I don't want you to try to give us a diagnosis or provide us an opinion of the cause of any of his injuries, but rather I want you to share with us as you were observing Mr. O'Keefe in that hospital room, what are you seeing and what is standing out to you?
MR. BUKHENIK: I saw pooling of blood underneath his head. There was seepage of blood into the sheets. There was also swelling, discoloration, a large amount of blood pooling underneath his eyelids. There was no abrasions or injuries that I observed to that region. So to me, through my training and experience, I took that as --
MR. JACKSON: Objection.
JUDGE CANNONE: Not to the medical -- not to any medical observations, but just you as law enforcement.
MR. BUKHENIK: Yes, Your Honor.
MR. BRENNAN: I'd ask you not to give your personal interpretations of what you saw. Rather, I want you to share with the jury what you saw through your view.
MR. BUKHENIK: There was also a tiny cut, laceration to the eyelid area (indicating).
MR. BRENNAN: You're pointing to your right eye --
MR. BUKHENIK: Yes.
MR. BRENNAN: -- could you continue, please.
MR. BUKHENIK: Yes, also on the left nostril, there was a very small laceration there. Both were not actively bleeding. There were a series of cuts and bruises to the right arm, which extended from approximately mid-forearm up to the mid- tricep area of Mr. O'Keefe, and they were concentrated on the exterior of the arm. There was no other injury or marks on the interior or inside of the arm. There was also a bruise on that same arm on the back of the hand. It was light in color. It wasn't a profound discoloration as the eyes appeared to me. There were also injuries to abrasion or cuts, scrapes to the knee, I believe.
MR. BRENNAN: Which knee?
MR. BUKHENIK: The right knee. I apologize.
MR. BRENNAN: You at first described swelling in the right eye, and then you had just said the eyes. Could you be specific? Was the swelling in one or both eyes when you saw Mr. O'Keefe?
MR. BUKHENIK: When I saw Mr. O'Keefe, the swelling was in both eyes. It might not have been exactly symmetrical, but there was swelling/discoloration in both eyelids of Mr. O'Keefe. There was also blood pooling in the cavity of the eyeball -- both sides of the eyeballs.
MR. BRENNAN: Do you know about what time it was that you visited Mr. O'Keefe and made these observations?
MR. BUKHENIK: It was sometime between 12:30, 1 o'clock and 2 o'clock, I would assume.
MR. BRENNAN: You mentioned that there was pooling on the back of Mr. O'Keefe's head; did you look for any injury?
MR. BUKHENIK: Yes, we looked for injury. All I could tell there was bleeding happening. I could not tell exactly what the extent of the injury, was not being a medical professional.
MR. BRENNAN: You mentioned there were a pile of clothes in the floor. Is that uncommon?
MR. BUKHENIK: No, it's not uncommon at all.
MR. BRENNAN: Did you have any opportunity or did you decide to look at those clothes?
MR. BUKHENIK: Yes. What happened is the reason those clothes are on the floor is that for medical therapy, for medical treatment, the victim has their clothing removed for access to the body. There's obviously all sorts of equipment and medical procedures that's done. So that clothes is discarded. We knew that it was Mr. O'Keefe's clothing. We knew that it would be important to aid us in the investigation, so that clothing was picked up, identified item by item and bagged. It was in a soaking wet state with moisture and other debris on it.
MR. BRENNAN: When you are looking at Mr. O'Keefe, do you have to touch him or move him?
MR. BUKHENIK: Yes. During our investigations, we're not simply looking at photographs. We are there in the scene. We are smelling it. We are touching it. We are, unfortunately, with certain pungent scenes, we are tasting it. That's the reality of us breathing in the scene when we're living it through the investigation.
MR. BRENNAN: Do you wear any type of protection?
MR. BUKHENIK: Absolutely. We wear gloves. At times, we wear other PPE, personal protective equipment.
MR. BRENNAN: When you looked at Mr. O'Keefe's clothes, you said that you bagged them, did anything stand out in particular about his set of clothing?
MR. BUKHENIK: In particular, we were a sneaker of his missing that was very significant to me. And it caused me have Michael Proctor contact the paramedics that transported Mr. O'Keefe to the hospital and confirm with them, conduct a secondary check, that that sneaker was not left behind in the ambulance.
MR. BRENNAN: Why was the missing sneaker significant to you at that point?
MR. BUKHENIK: At that point, our theory had evolved to a vehicle strike based on the injuries, and I was suspecting that he was hit out of his shoes.
MR. BRENNAN: Is there a phrase that's common in these type of situations?
MR. BUKHENIK: Yes.
MR. BRENNAN: What's that?
MR. BUKHENIK: Knocked out of your shoes.
MR. BRENNAN: Did you know where the other sneaker was?
MR. BUKHENIK: I did not, no. But I suspected since it was missing and once the reports came in that the paramedics, EMT personnel did not find the other sneaker, that it would be somewhere where Mr. O'Keefe was found, or where he was initially struck by a vehicle.
MR. BRENNAN: Did you and Mr. Proctor have an opportunity around that time at 12:30, 1 o'clock to go back to that address to look for the sneaker?
MR. BUKHENIK: We did not, no.
MR. BRENNAN: Why not?
MR. BUKHENIK: Again, during the critical early hours of an investigation, timing is essential. We have to make sure we get to any and every location that could possibly have evidence and prevent that evidence from being destroyed, altered, or concealed. So we are prioritizing missions, and with the resources available at that time, I conferenced with my boss and advised him of the current status of the information that we had, and he stated that he would go out and marshal up resources to conduct a search.
MR. BRENNAN: Is this an example of the team approach with the state police at the homicide unit?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: After having this information and making these observations of Mr. O'Keefe yourself and bagging the clothes, where did the evidence lead you next?
MR. BUKHENIK: At this point, once we viewed the clothing and Mr. O'Keefe, we had to go talk to the last person that saw him, and that would have been at the time his girl --
MR. JACKSON: Objection.
JUDGE CANNONE: Who did you go see?
MR. BUKHENIK: The defendant, Your Honor.
MR. JACKSON: Move to strike the prior --
JUDGE CANNONE: The prior question, it wasn't answered. So the prior question is struck.
MR. BRENNAN: Do you know where Ms. Read was at that point?
MR. BUKHENIK: Yes, we had learned that she traveled to her parents' home in Dighton.
MR. BRENNAN: Did you learn about any or did you have any interest in any physical evidence at that point?
MR. BUKHENIK: Yes. With the missing shoe, her stating that, "Did I hit him," and along that line of statements, I was interested in the vehicle that she was operating that night.
MR. BRENNAN: How far was Dighton from where you were at Good Samaritan Hospital?
MR. BUKHENIK: Typically, I would say it's probably a 35, 45 minute drive. With the driving conditions, it took us all of an hour, hour 15 minutes.
MR. BRENNAN: Who was driving?
MR. BUKHENIK: I was driving.
MR. BRENNAN: Were you in a issued vehicle, or were you in a personal vehicle?
MR. BUKHENIK: No, I had to drive my personal pickup truck due to the weather. My cruiser would had never made the unplowed streets of the area.
MR. BRENNAN: Was Mr. Proctor with you?
MR. BUKHENIK: He was.
MR. BRENNAN: Were you by his side the entire time?
MR. BUKHENIK: Mr. Proctor and I were together the entire day.
MR. BRENNAN: You decided to go or drive towards Dighton. Did you ultimately make it Dighton?
MR. BUKHENIK: Yes, we did.
MR. BRENNAN: Do you know what time you arrived in Dighton, approximately?
MR. BUKHENIK: Approximately 3:00 p.m.
MR. BRENNAN: On your way down to Dighton, did you learn any further information beyond what you had known when you left Mr. O'Keefe at Good Samaritan?
MR. BUKHENIK: Yes. At one point, Michael Proctor took a call from Jen McCabe, and she further elaborated and provided information stating that she remembered --
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: After receiving that information, is there something specifically you wanted to look at when you got to Dighton?
MR. BUKHENIK: Yes. We wanted to look at the right taillight. Based on the information provided, it was allegedly to --
MR. BRENNAN: Let me stop you there. I just want to know what you wanted to look at.
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: I don't want to relate conversations of someone who's not here. So you had an interest in looking at the right rear taillight?
MR. BUKHENIK: Yes.
MR. BRENNAN: Do you know what type of vehicle you were looking for?
MR. BUKHENIK: We were looking for a large black Lexus SUV.
MR. BRENNAN: When you made your way down to Dighton, you said you finally arrived. How did you know you were at the right address?
MR. BUKHENIK: The defendant provided her parents' address to us.
MR. BRENNAN: Before you got to Dighton, after learning of new information and the information you already had, did you make any arrangements?
MR. BUKHENIK: Yes.
MR. BRENNAN: Tell the jury what you did on the way down to Dighton.
MR. BUKHENIK: On the way down, we contacted the Dighton Police Department and gave them a heads up that we would be coming down for an investigation, and we were looking to most likely seize a vehicle, and we were requesting their assistance in contacting a local tow truck company that they were contracted with and/or also to assist us at the scene being a uniform presence.
MR. BRENNAN: When you pull up to the address, did you make any immediate observations while you were still inside your truck?
MR. BUKHENIK: Yes. The road was not well plowed. There was only enough clearance for one vehicle. So it was difficult to find a place to park and maneuverability was also challenging.
MR. BRENNAN: Did you make any observations of the home or the driveway before you got out of your truck?
MR. BUKHENIK: Yes, the home is to the left of the driveway. The driveway was not plowed either. There was a large black Lexus SUV parked in the driveway.
MR. BRENNAN: Was the front of the SUV facing you or the back of the SUV?
MR. BUKHENIK: The back of the SUV was closest towards us.
MR. BRENNAN: How far from the SUV were you when you first parked at that address?
MR. BUKHENIK: Probably -- it's the length of the driveway based on my memory now, I would probably estimate it to be 60 feet or so.
MR. BRENNAN: Did you make any observations of the SUV from that distance?
MR. BUKHENIK: It was covered with snow like it's been either sitting outside or driven outside in the snow, so it was exposed to the elements.
MR. BRENNAN: What was your next steps?
MR. BUKHENIK: We waited for Dighton PD to arrive to assist us. Once they arrived, Michael Proctor, and I exited and proceeded up the driveway. I told Michael --
MR. BRENNAN: Let me stop you with what you said. I want to just know what you observed.
MR. BUKHENIK: Okay.
MR. BRENNAN: As you're walking up the driveway, how close to that SUV did you get at its closest?
MR. BUKHENIK: At its closest, I got as close as me and the defense table which is probably 10 to 12 feet.
MR. BRENNAN: From the 10 to 12 feet, did you notice anything remarkable about the SUV?
MR. BUKHENIK: Yes. There was a large piece of red taillight cover missing from the vehicle.
MR. BRENNAN: After you made an observation of a large piece of the red taillight cover missing, did you do anything else relative to the SUV at that time?
MR. BUKHENIK: Yes, I told Michael to get close --
MR. BRENNAN: I don't -- I'm not interested in what he did. What did you do? What did you see?
MR. BUKHENIK: I just saw the damaged, missing taillight cover. I did not touch it. We did not approach it with physical contact, so.
MR. BRENNAN: Did you see where Michael Proctor went?
MR. BUKHENIK: Yes.
MR. BRENNAN: How close to the car or to the vehicle did he get?
MR. BUKHENIK: Within 3 feet.
MR. BRENNAN: Did he ever touch it?
MR. BUKHENIK: No.
MR. BRENNAN: Where did you and Michael Proctor go next?
MR. BUKHENIK: We proceeded to the front door of the home to make contact with the residents.
MR. BRENNAN: And how clearly did you see that missing piece? What's your level of certainty?
MR. BUKHENIK: A hundred percent.
MR. BRENNAN: Did you knock on the door?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: And were you invited in?
MR. BUKHENIK: We were, but not through the front door. Due to the weather and the piled up snow, we couldn't open the storm door. Mr. Read invited us into the home through the garage. He opened the garage door for us and welcomed us inside.
MR. BRENNAN: When you went inside, what did you see?
MR. BUKHENIK: We went inside; I saw Mr. Read, Mrs. Read, and the defendant sitting on the couch.
MR. BRENNAN: You've referred to the defendant a number of times as Ms. Read. Do you see the defendant here in the courtroom today?
MR. BUKHENIK: I do.
MR. BRENNAN: And the person you spoke to that morning, can you point that person out and describe an article of clothing they're wearing?
MR. BUKHENIK: She's sitting in the middle right there front of me wearing a black suit with a yellow colored metal buttons on it.
MR. BRENNAN: When you walked in, you said -- did you say that the defendant was sitting on a couch?
MR. BUKHENIK: She was.
MR. BRENNAN: How close were you when you were speaking to her?
MR. BUKHENIK: Within 12, 15 feet. We were in the same room, in the living room area.
MR. BRENNAN: Was Mr. Proctor there?
MR. BUKHENIK: He was.
MR. BRENNAN: Was Mr. Proctor speaking to her?
MR. BUKHENIK: He was.
MR. BRENNAN: Were you speaking to her at the same time or were you changing?
MR. BUKHENIK: We were both communicating with her. A team approach.
MR. BRENNAN: I want to ask you about that conversation you had with Ms. Read. Before I do, Your Honor, may I approach briefly?
JUDGE CANNONE: Okay.
(Sidebar commences:
end of sidebar.)
JUDGE CANNONE: Jurors, feel free to stand up. Counsel, why don't you come back for a minute.
(Sidebar commences:
MR. BRENNAN: Can I just clarify the record real quick?
JUDGE CANNONE: Yes.
MR. BRENNAN: This was provided in discovery and was testimony in a past trial, so this is not a Rule 14 issue.
MR. ALESSI: We're looking at --
JUDGE CANNONE: Mr. Jackson has to speak.
MR. JACKSON: Okay. We're currently looking for the report. My memory of the report --
JUDGE CANNONE: You need to speak so she can hear.
MR. JACKSON: My memory of the report is at odds with what had been suggested. I can't rely on my memory, which is why we're looking for the report real quick.
JUDGE CANNONE: Do you doubt that Mr. Read was the one that went and did the interview?
MR. JACKSON: Yes. Yeah. My understanding is as follows: That once they were contacted and both Michael Proctor and Trooper Bukhenik were in the room, at some point, they began questioning that there was a voluntary conversation up to a point at which Ms. Read said, "I'm not comfortable answering any more questions. I don't want to answer any more questions at this point." She ended the interview. Bill Read said nothing. That is what's been reported to me, and that's what's reflected --
JUDGE CANNONE: According to this report, she does invoke.
MR. JACKSON: Yeah.
MS. LITTLE: It specifically says, "It was at this time I asked Karen the follow-up question regarding how she pulled up to the residence and which way her vehicle was facing." It was at this time --
COURT REPORTER: Ms. Little.
JUDGE CANNONE: Okay. You're not being heard.
MR. BRENNAN: Excuse me. Let me get out of your way.
JUDGE CANNONE: All right. So it's in the transcript that she invoked.
MS. LITTLE: Yes.
JUDGE CANNONE: So you're not going to get into it.
MR. BRENNAN: No, absolutely not.
JUDGE CANNONE: Okay. So we don't need to have this discussion.
MR. BRENNAN: I have a transcript that is different, but if it says that, I'm going to err on the side that's the version, so I'm not going to --
JUDGE CANNONE: Is that this trooper's report?
MS. LITTLE: Yes.
MR. JACKSON: It is.
MR. BRENNAN: Yeah, that's it.
JUDGE CANNONE: All right. Thank you.
MR. BRENNAN: Sorry for the time.
JUDGE CANNONE: That's okay.
end of sidebar.)
JUDGE CANNONE: So is it appropriate for me to give an instruction right now, Mr. Brennan?
MR. BRENNAN: I would defer to counsel.
JUDGE CANNONE: Mr. Jackson, do you want me to give a humane practice instruction?
MR. JACKSON: Yes.
JUDGE CANNONE: So, folks, you're about to hear testimony regarding a statement or statements that were allegedly made by or attributed to Ms. Read. I'm going to instruct you in more detail at end of the case about this matter, however, I want you to understand that at this time, as the statements are offered into evidence, that before you may consider the content of any such statement made by the defendant as evidence, you're going to have to make a preliminary determination about whether or not it can be considered by you as evidence at all. In your determination, at the end of the case, you're not to consider any such statement by the defendant as evidence, even though it's presented to you through a witness at trial, unless from all the evidence in the case you first determine that the Commonwealth has proved beyond a reasonable doubt that Ms. Read made the statements she is alleged to have made, and that she made it voluntarily, freely, and rationally. All right. Go ahead, Mr. Brennan.
MR. BRENNAN: Thank you, Your Honor.
MR. BRENNAN: Sir, I want you to begin from when you were in the living room, the beginning conversation with the defendant, the presence of both her father and mother, and you're with Mr. Proctor. Can you share with us the conversation that you had with the defendant?
MR. BUKHENIK: Yes, she stated that she's willing to answer our questions, but she didn't want to go into too many details. That's how the conversation began. She provided us the fact that Mr. O'Keefe was hanging out with a friend at 5:00 p.m. at the One Meadows Avenue residence following which he proceeded to CF McCarthy's in Canton where the defendant stated that she met him approximately at 9:00 p.m. She was drinking vodka sodas. Mr. O'Keefe was consuming Bud Lite beer. After CF McCarthy's, they proceeded to the Waterfall Grille and Bar. At this point, the defendant was asked if she brought a beverage with her from CF McCarthy's to the Waterfall establishment to which she stated she didn't think so. After the Waterfall, the defendant stated that she dropped Mr. O'Keefe off at 34 Fairview Road. She was asked if she saw him go in the house. She stated, no, she did not see him go in the house. She was asked about the damage to her rear taillight to which she stated, quote, I don't know how I did it last night, end quote. Once she provided us with the fact that she dropped him off and never saw him go in the house, she was asked to provide details about her leaving. She stated that she made a three-point turn and left. She was asked to provide some explanation how Mr. O'Keefe sustained those injuries that he had. She did not --
MR. BRENNAN: Let me stop you there. Did you get an answer to your question about how he sustained the injuries or the details about the three-point turn?
MR. BUKHENIK: No, I did not.
MR. BRENNAN: You mentioned that when you were at Good Samaritan Hospital you saw blood on the back of Mr. O'Keefe's head?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you ask the defendant anything about that injury?
MR. BUKHENIK: Yes. We asked about the injuries that Mr. O'Keefe had that had -- that he had been displaying and whether or not he had those injuries the night prior at either McCarthy's or Waterfall, to which the defendant said she didn't see any injuries on him, but then she provided a statement saying that Mr. O'Keefe bumped his head two nights prior and asked her about it, which to me seemed kind of strange, but.
MR. BRENNAN: Without the commentary.
MR. BUKHENIK: Mm-hmm.
MR. BRENNAN: After she told you that Mr. O'Keefe had bumped his head two nights prior, and that he had asked about or she had asked about it?
MR. BUKHENIK: She stated that he had bumped his head two nights prior and Mr. O'Keefe asked her about it.
MR. BRENNAN: Did you say when Mr. O'Keefe asked her about the bump on his head from the few nights before?
MR. BUKHENIK: No, she did not.
MR. BRENNAN: Did the conversation conclude?
MR. BUKHENIK: Yes, it did.
MR. BRENNAN: After the conversation concluded, what was your next step?
MR. BUKHENIK: Once the conversation concluded, the defendant was advised that her vehicle is being seized and her cell phone was also seized.
MR. BRENNAN: Were there any other items at that point that you were seizing other than the cell phone and the vehicle?
MR. BUKHENIK: Not from that location, no.
MR. BRENNAN: Did you have a warrant at that point?
MR. BUKHENIK: We did not, no.
MR. BRENNAN: Did you have authority to seize items prior to having a warrant?
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: I'll allow that.
MR. BRENNAN: What is the process when you want to obtain items but you don't have a warrant? What process do you go through?
MR. BUKHENIK: We seize them to prevent any alteration/destruction of the evidence that could be contained on those items pending a warrant. They are secured. They're not touched or processed by us. The process of obtaining a warrant includes writing an affidavit justifying --
MR. JACKSON: Objection.
JUDGE CANNONE: Yeah, we don't need hear any of this part, Mr. Brennan.
MR. BRENNAN: Understood.
MR. BRENNAN: Did you ultimately obtain both the phone and the vehicle?
MR. BUKHENIK: Yes we did.
MR. BRENNAN: Describe how the vehicle was seized. What happened?
MR. BUKHENIK: The defendant provided her key card - it looks like a credit card size key fob for the vehicle - to allow the ignition to start. It was driven onto a flatbed tow truck, secured, and then we followed it from Dighton to the Canton Police Department.
MR. BRENNAN: Was video ever provided that showed part of that vehicle being loaded onto the tow truck?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: Have you ever reviewed that video?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: When you were at Dighton and the defendant's Lexus was being put on the tow truck, about what time was that?
MR. BUKHENIK: It was approximately 4:16, 4:15 in the afternoon on the 29th of January, 2022.
MR. BRENNAN: Now, you mentioned that you took a cell phone. Are there parts or people, participants on the team, that handle that specific type of evidence?
MR. BUKHENIK: Yes, we have troopers that are specialized trained and have expertise in digital forensic analysis, extraction, and processing of digital devices.
MR. BRENNAN: Is that something you do?
MR. BUKHENIK: I am trained in certain portions of it, but I am not an expert like them.
MR. BRENNAN: Did you manipulate the phone in any way?
MR. BUKHENIK: No.
MR. BRENNAN: Did you see Mr. Proctor manipulate the phone in any way?
MR. BUKHENIK: I don't recall seeing it, no.
MR. BRENNAN: Before the vehicle was moved during the loading of the tow, did either you or Mr. Proctor go back anywhere near that vehicle?
MR. BUKHENIK: We were near the vehicle once it was unloaded, but we never touched it.
MR. JACKSON: Objection. May we approach, briefly?
JUDGE CANNONE: Okay.
(Sidebar commences:
JUDGE CANNONE: I was just going to strike the end of that answer.
MR. JACKSON: Thank you, Your Honor. I would ask that it be stricken in front of the jury. But also, I would ask that the witness be -- I don't want to keep objecting, but he's constantly saying "we", "we didn't do this," "we took that."
MR. BRENNAN: I'll be more specific and say, "What did you see, and what did you do?"
MR. JACKSON: I would appreciate that. I don't think we need an instruction to him at this point, but I just wanted to highlight. I didn't want to keep --
MR. BRENNAN: Yep, I'll be on it. One last thing while we're here. I do plan on getting into his sustained findings and part of that is the text --
JUDGE CANNONE: Yeah, I wanted to know specifically what wording. What was --
MR. BRENNAN: I have a copy of it. I'd like to show it on the screen. Perhaps you might want to see it before I do that. What time is the break and I can try to put other stuff in so I don't interrupt.
JUDGE CANNONE: How far can you go before we take a break?
MR. BRENNAN: I could put it anywhere in the examination, so I can go for a while.
JUDGE CANNONE: All right. If you can go to 10:30 or quarter of 11.
MR. BRENNAN: Sure.
JUDGE CANNONE: If you can pass a copy up of it. I'll take a break and look at it.
MR. BRENNAN: Okay.
JUDGE CANNONE: But you intend to put it up?
MR. BRENNAN: I do.
JUDGE CANNONE: Is there an objection to that?
MR. ALESSI: No, there's not an objection. I intend to go into it in cross-examination as well.
JUDGE CANNONE: All right. Thank you. So I'll just strike the last portion.
MR. BRENNAN: All right. And I'll focus on directing him more clearly.
JUDGE CANNONE: Thank you.
MR. JACKSON: Thank you.
end of sidebar.)
JUDGE CANNONE: Jurors, I'm going to strike the last portion of that answer.
MR. BRENNAN: From the point you went in and spoke to the defendant until the vehicle was placed on the back of the flatbed, did you ever go back near the vehicle and touch it in any way?
MR. BUKHENIK: No.
MR. BRENNAN: Did you ever see Mr. Proctor go back near that vehicle and touch it in any way?
MR. BUKHENIK: No.
MR. BRENNAN: You mentioned that the tow was loading the vehicle the defendant's Lexus around 4:15?
MR. BUKHENIK: I believe so, yes.
MR. BRENNAN: Did you join the tow truck driver or did you keep your separate vehicle at that point?
MR. BUKHENIK: We traveled in my --
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it. A I drove my vehicle and followed the tow truck back to the Canton Police Department.
MR. BRENNAN: Where was Mr. Proctor?
MR. BUKHENIK: In my front passenger seat.
MR. BRENNAN: During that time, had you made arrangements or did you receive any information about other members of the team engaging in any searches relative to this case?
MR. BUKHENIK: Yes, I have.
MR. BRENNAN: And what did you learn?
MR. BUKHENIK: I learned that Detective Lieutenant Tully had --
MR. JACKSON: Objection.
JUDGE CANNONE: I'm going to allow it. A Had dispatched other members of our unit to 34 Fairview and other resources from the Massachusetts State Police to assist him in a search for the missing shoe.
MR. BRENNAN: Do you know what time those other members arrived or began to arrive at 34 Fairview?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: You begin your travels at 4:15 p.m. back to Canton Police Department. Why did you choose to bring the vehicle to the Canton Police Department if the Canton police detectives were not working on this case anymore?
MR. BUKHENIK: They had a heated storage facility being the sally port. We needed to preserve the vehicle as best we could away from the elements, and it was also in close proximity to our office. Also to process the vehicle and get the search warrant from the local courthouse would've been more convenient for us.
MR. BRENNAN: Why was a heated sally port or heated garage important to you?
MR. BUKHENIK: The vehicle was impacted with snow that accumulated. And also from traveling on the highways, it was packed with a shell of snow covering the exterior of it. So it would melt away in the heated sally port.
MR. BRENNAN: Were you intending on having other resources or other team members or other units available to look at the vehicle at some point?
MR. BUKHENIK: Yes, we were.
MR. BRENNAN: Who were you intending? What did you expect would happen with the vehicle in the future?
MR. BUKHENIK: For one, we would have to document the exterior of it with photographs. That would be crime scene services section. We would process it for fingerprints, which would be also a service the crime scene services section provides. We would, if needed, take swabs for DNA or other latent evidence so that would be the chemist. As well as if the authority was there to process the internal workings, the computer chips, and the infotainment system of the vehicle, and that would be a digital forensics expert that's trained in that field.
MR. BRENNAN: Would an unheated garage or sally port impede that?
MR. BUKHENIK: Yes.
MR. BRENNAN: Given that Canton police department was not now part of the active investigation, did you have any concern bringing it to the Canton Police Department?
MR. BUKHENIK: No.
MR. BRENNAN: You said you left Dighton at 4:15. What time approximately did you and Mr. Proctor and that Lexus arrive at the Canton heated sally port garage area?
MR. BUKHENIK: We arrived at the Canton Police Department at 5:30, and the vehicle was unloaded and placed into the garage at 5:35 p.m.
MR. BRENNAN: Did you and Mr. Proctor go into the garage?
MR. BUKHENIK: Yes, we did.
MR. BRENNAN: And in the garage, what were you doing?
MR. BUKHENIK: We helped facilitate putting yellow --
MR. BRENNAN: I' going to ask what you were doing and then what you saw Mr. Proctor doing. Rather than use we, I want to be very specific what you did and saw. What were you doing?
MR. BUKHENIK: I helped put up yellow caution tape around the vehicle to prevent anyone from coming near it and touching it.
MR. BRENNAN: Were there any other persons in that area other than you and Mr. Proctor?
MR. BUKHENIK: There were members of the Canton Police Department.
MR. BRENNAN: Did you make observations of the vehicle once you had it in that sally port area?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: You mentioned that it was packed with snow. Was there snow still on it when you brought it into the sally port?
MR. BUKHENIK: Yes, there was.
MR. BRENNAN: Did you wipe the car down or clean the car of the --
MR. BUKHENIK: No.
MR. BRENNAN: -- of the snow?
MR. BUKHENIK: No.
MR. BRENNAN: Do you touch the vehicle in any way with your hands?
MR. BUKHENIK: No.
MR. BRENNAN: Did you ever see Mr. Proctor touch that vehicle?
MR. BUKHENIK: No, he did not.
MR. JACKSON: Objection.
JUDGE CANNONE: I'll sustain it.
MR. JACKSON: Move to strike, Your Honor.
JUDGE CANNONE: I'll strike it. Ask it differently, Mr. Brennan.
MR. BRENNAN: Did you ever see Michael Proctor touch that vehicle while you were in the sally port area?
MR. BUKHENIK: I did not.
MR. BRENNAN: How long did you remain in the sally port area for, do you know?
MR. BUKHENIK: We remained the sally port area approximately until 5:51 and change based on the best of my memory.
MR. BRENNAN: After you left the sally port area, where did you go?
MR. BUKHENIK: We left the sally --
MR. JACKSON: Objection. A I apologize.
JUDGE CANNONE: Go ahead. If you can say first what you did and then wait for the next question, please, Sergeant. A I left the sally port area and proceeded inside the Canton Police Department.
MR. BRENNAN: Where was Mr. Proctor?
MR. BUKHENIK: He was with me.
MR. BRENNAN: By your side?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did he ever leave your sight?
MR. BUKHENIK: I'm sure at some point he walked away from me, but I can't -- we were traveling together all day.
MR. BRENNAN: You went into a different part of the Canton Police Department?
MR. BUKHENIK: Yes.
MR. BRENNAN: Where did you go?
MR. BUKHENIK: Into the dispatch area and then the conference room upstairs later on.
MR. BRENNAN: Why did you go up to the conference room?
MR. BUKHENIK: The conference room was provided for us to use as a meeting location. The members of our unit that had assisted at the 34 Fairview Road scene had traveled back to Canton police, and we were meeting there to share, exchange information based on what we have learned with our portions of the investigation that way everyone's on the same page at that point.
MR. BRENNAN: Did you meet -- is this team, is it called a SERT team?
MR. BUKHENIK: There is a SERT team.
MR. BRENNAN: Do you know if the SERT team was the team that went to 34 Fairview?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: Did you meet with the entire SERT team that night at the Canton Police Department or some members?
MR. BUKHENIK: Not the entire team, no.
MR. BRENNAN: When you had the meeting in that room, who did you meet with?
MR. BUKHENIK: In that room, specifically remember being Detective Lieutenant Tully, myself, Michael Proctor, and other members of our homicide and narcotics section assigned to the Norfolk County District Attorney's Office.
MR. BRENNAN: Did you discuss the evidence you had up to that point?
MR. BUKHENIK: Yes.
MR. BRENNAN: Regarding 34 Fairview Road, did you develop or decide any plans to physically go back to that area?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: And what was the plan?
MR. BUKHENIK: The plan was to take shovels and rakes and other gardening equipment and go back to that location to excavate for additional evidence.
MR. BRENNAN: When did you make the decision that you were going to go back to 34 Fairview Road?
MR. BUKHENIK: It was that evening.
MR. BRENNAN: Why did you decide you were going to go back at some point?
MR. BUKHENIK: During the recall of all the information learned and sharing of that information with other members of our investigative team, it was realized that Mr. O'Keefe was wearing a black baseball hat, and at this point in time, that article of clothing was still missing.
MR. BRENNAN: Was there something impeding a full and complete investigation of the scene?
MR. BUKHENIK: At 34 Fairview?
MR. BRENNAN: Yes.
MR. BUKHENIK: Yes, the heavy, large amount of snow that had accumulated over the last 12 hours or so heavily hindered our investigation of that immediate scene.
MR. BRENNAN: When you were debriefed, did you learn the area where the SERT team had spent most of their time searching?
MR. BUKHENIK: I'm sorry. Can you repeat that, sir?
MR. BRENNAN: When you were debriefed, were you informed of the area that the SERT team spent most of their time searching?
MR. BUKHENIK: I don't recall on the specifics of it, no.
MR. BRENNAN: Now, at some point did you obtain a Registry of Motor Vehicle record and certificate for the Lexus that you had towed? A Yes, we did.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Sir, do you recognize this?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: And if you could take a look at the following pages?
MR. BUKHENIK: (Witness complies.)
MR. BRENNAN: And what is that, sir?
MR. BUKHENIK: It is the Massachusetts Registry of Motor Vehicle title history and registration inquiry for a black in color Lexus LX year model 2022 bearing Massachusetts registration 3GC684 registered to Karen Read.
MR. BRENNAN: Your Honor, I'd move this document into evidence.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 84, RMV Certificate, was marked as an exhibit.)
MR. BRENNAN: As part of your continued investigation, did you have an opportunity to obtain documents and items?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you listen to audio recordings that were included statements of the defendant?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you listen to audio recordings from different sources?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: What did some of those sources include?
MR. BUKHENIK: Dateline, 2020, Gretchen Voss, Fox 25, various media platforms.
MR. BRENNAN: I want to walk through some of the evidence in more chronological order of date. So going back to January 29, 2022, at the hospital you obtained some items?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Did you bring those items with you today?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: I want to talk about the progress of those items from when you first obtained them until today. You mentioned that they were clothes that you obtained at the hospital of Mr. O'Keefe?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: And you shared with us that they were wet and you put them in bags?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: That night, where did those clothes go when you left the hospital?
MR. BUKHENIK: Those clothes while bagged up, they remained in the back cab portion behind my driver's seat of my pickup truck on the floorboard.
MR. BRENNAN: Where did you bring them that night?
MR. BUKHENIK: That bag containing all those clothing traveled with me around the area as we investigated, and then after the debrief at Canton PD, we brought them directly here or to the Canton office of the district attorney.
MR. BRENNAN: Do you have those items with you at the Canton Police Department?
MR. BUKHENIK: They were in my truck. I didn't bring them into the office.
MR. BRENNAN: Did they remain in your truck while you were in the Canton Police Department?
MR. BUKHENIK: Once I placed that bag in the back of my truck, I did not touch until I removed it from the truck at the Canton District Attorney's Office to bring it in.
MR. BRENNAN: When did you remove it from your truck and bring it into the district attorney's office?
MR. BUKHENIK: Probably around 8:00 p.m. on the 29th of January, 2022.
MR. BRENNAN: When you brought the clothes inside, where did you bring them?
MR. BUKHENIK: We brought them to the temporary evidence processing area within the district attorney's office in the state police section of the office where we have our desks and workspaces. There's a designated area for -- at the time, for evidence processing.
MR. BRENNAN: What did you do with the clothes once you got them into the secured area in the district attorney's office?
MR. BUKHENIK: Once the clothing was in that secure area, we had to lay them out to dry.
MR. JACKSON: Objection.
JUDGE CANNONE: What you do if you could, Sergeant. A I had to lay them out to dry them. So we -- I, excuse me, I took a butcher paper, laid it out on the floor and each item I removed and laid out onto that butcher paper to dry.
MR. BRENNAN: Was anybody with you helping you?
MR. BUKHENIK: Yes.
MR. BRENNAN: And who's that?
MR. BUKHENIK: Michael Proctor.
MR. BRENNAN: Why did you lay out the clothing items one by one separately?
MR. BUKHENIK: Each clothing item needs to dry naturally and prevent moisture from being trapped. That moisture, if trapped, could develop mold and damage any DNA evidence that we could retrieve -- scientists could retrieve from the item. To prevent that, we dried each item individually separating each item for better air flow.
MR. BRENNAN: How long did it take for those items to dry?
MR. BUKHENIK: Several days.
MR. BRENNAN: And were they in that secure area on the butcher paper for several days?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Are there times when that separate area was left alone nobody watching?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Were those clothes ultimately moved from that area?
MR. BUKHENIK: Ultimately, they were moved, yes.
MR. BRENNAN: Did you personally remove them from that area?
MR. BUKHENIK: No, I did not.
MR. BRENNAN: Did you know if they were bagged and put into evidence?
MR. BUKHENIK: I do know they were bagged and put into evidence.
MR. BRENNAN: Is there an evidence locker at that office?
MR. BUKHENIK: Yes, there is.
MR. BRENNAN: Is it a secure area?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: Does every officer or trooper have access to that evidence room?
MR. BUKHENIK: No, they do not.
MR. BRENNAN: Did you again see those items at a later date?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: And have you seen those items since?
MR. BUKHENIK: Yes, I have.
MR. BRENNAN: The items, the clothing items you took from the hospital, do remember what items they were?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: Can you share with us your memory of what items they are?
MR. BUKHENIK: It was a two-tone gray sweatshirt, light material sweatshirt. It was an orange T-shirt. It was a pair of blue jeans, a belt, and a pair of underwear boxers.
MR. BRENNAN: And did you bring those clothing items with you today?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Beginning with the pants, do you have them with you up at the stand, Mr. O'Keefe's pants?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could you produce them, please?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Do you have gloves, Trooper Bukhenik?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: I'd move this item into evidence.
JUDGE CANNONE: Okay.
MR. JACKSON: No objection, Your Honor.
MR. BRENNAN: With the Court's permission I'd ask the trooper to show the items.
JUDGE CANNONE: Yes. Go right ahead, Sergeant.
(Item displayed.)
MR. BRENNAN: Thank you. May I approach, Your Honor?
JUDGE CANNONE: Yes.
(Whereupon Exhibit No. 85, Evidence Bag Containing Pants, was entered as an exhibit.)
MR. BRENNAN: Did you learn during your conversations with the SERT team and other members of the team that a sneaker was found at 34 Fairview?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Have you seen the photographs relative to that sneaker?
MR. BUKHENIK: Yes, I have.
MR. BRENNAN: And you mentioned when you were at the hospital there was a sneaker, one?
MR. BUKHENIK: Yes.
MR. BRENNAN: Do you have that sneaker with you?
MR. BUKHENIK: I do.
MR. BRENNAN: Could you produce it, please?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Your Honor, I'd move this item into evidence.
JUDGE CANNONE: Okay.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 86, Sneaker, was marked as an exhibit.)
MR. BRENNAN: May I have the Court's permission for the trooper to show it to the jury?
JUDGE CANNONE: Yes.
MR. BRENNAN: Trooper, is that the sneaker that was at the hospital when you visited Mr. O'Keefe?
MR. BUKHENIK: No, sir, this is the sneaker from 34 Fairview.
MR. BRENNAN: Could I have that marked?
MR. BRENNAN: What -- is that a left or a right sneaker, sir?
MR. BUKHENIK: This is the left sneaker -- excuse me. This is the right sneaker from 34 Fairview Road in Canton.
MR. JACKSON: Objection, Your Honor, may we approach?
JUDGE CANNONE: Sure. If you could put the sneaker back in the bag and let Mr. Brennan bring the bag over, please.
(Sidebar commences:
JUDGE CANNONE: What does the bag say?
MR. BRENNAN: It says, "Left sneaker, 34 Fairview."
JUDGE CANNONE: Okay. So Mr. McDermott has gone to get the sneaker that was introduced.
MR. BRENNAN: This is not a left sneaker. This is the right sneaker.
JUDGE CANNONE: So Mr. Jackson is the one who has to speak.
MR. JACKSON: Right. Can I see the -- my objection was just more confusion than anything, frankly. I thought that was going to be the one that he found at the hospital, had retrieved it, established the chain of custody.
JUDGE CANNONE: So let's see what this bag says. Jimmy has the one from yesterday.
MR. JACKSON: It says the word "right" on it but it's - - but it does say left sneaker. Just for the record, this does have an asterisk, and it's handwritten sneaker indicates Brockton and Trooper Proctor.
JUDGE CANNONE: This is -- Jimmy, can I see that, please. I'll let you take it, Mr. Brennan, and then Mr. Jackson.
COURT CLERK: For the record, that's Exhibit 17.
JUDGE CANNONE: So the note says.
MR. JACKSON: "Left sneaker removed."
JUDGE CANNONE: Okay. It's shaking the microphone. The asterisk says.
MR. JACKSON: This says, "See note below," and the asterisk says, "Left sneaker removed and packaged separately. See item number 34 for left sneaker."
JUDGE CANNONE: All right. So if we look at both of them, it does appear that this bag contains the right sneaker and the asterisk talks about the left sneaker for 34 Fairview.
MR. JACKSON: Removed and bagged them separately. So this appears to be the right sneaker, but it appears to be a left sneaker.
MS. MCLAUGHLIN: Your Honor, if I may. These items were handled by the previous jury, and I believe inside the evidence bag there's a Ziploc bag that has a left and a right.
JUDGE CANNONE: This is making noise for the microphone.
MS. MCLAUGHLIN: I think one of the Ziploc bags, those aren't part of evidence. I think it's something that the jury previously handled. So I'm assuming the jury may have mismarked them, but it is something that was opened and explored by a previous jury.
MR. JACKSON: I would propose the following. The jury doesn't have to sit here and watch us go over this.
JUDGE CANNONE: Right.
MR. JACKSON: Let's take a break, and Mr. Brennan and I can fix this at the break, if that's okay.
JUDGE CANNONE: Okay.
MR. JACKSON: We can probably stipulate.
JUDGE CANNONE: Can you go through the rest of the clothing and then finish?
MR. BRENNAN: Yes.
JUDGE CANNONE: And then do this?
MR. BRENNAN: Yes.
MR. JACKSON: That's fine with me.
MS. MCLAUGHLIN: Your Honor, just so you're aware. The rest of the clothing does require the trooper to get off the stand to retrieve it just from that back room. It was already retrieved.
JUDGE CANNONE: Okay. So we will take a break. All right. We'll take a 20 minute. What do you want me to look at, particularly? I'll read the whole --
MR. BRENNAN: I'm going to introduce the fact that they were a sustained finding for two different issues, and then I would like to show and confront him with the text messages that he's on the text message chain which should be at the end of that document.
MS. MCLAUGHLIN: We need to print them and provide them to the Court.
MR. BRENNAN: Oh, we don't -- I have a copy over there. I'll give a copy.
JUDGE CANNONE: All right. So we'll take a half an hour break. That will give you all a chance to do this and also take a break.
end of sidebar.)
JUDGE CANNONE: Sergeant, we're going to take our morning break, so I'm going to ask you to stick around. Jurors, we'll take our morning recess because you don't need to watch us over there fumbling with things. So we'll take a half an hour just to make sure that everybody has a break and is able to move forward smoothly. These things happens when you have a lot of evidence in the courtroom. So we will see you at 11 o'clock.
(Jury out.)
JUDGE CANNONE: All right. If you need me for any of this, just let me know and I'll come right back out.
MR. BRENNAN: Your Honor, may I be heard, briefly?
JUDGE CANNONE: Yes.
MR. BRENNAN: May I during the break in the company of a representative from that defense team speak to Trooper Bukhenik about this issue?
JUDGE CANNONE: I have no problem with that. Do you, Mr. Jackson?
MR. JACKSON: No, no problem at all.
JUDGE CANNONE: All right. I think it will facilitate things. Yes, you may.
MR. BRENNAN: Thank you.
(Court in recess at 10:30 a.m.)
(Court in session at 11:04 a.m.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: All right. So you all set, Mr. Brennan?
MR. BRENNAN: I am. Thank you, Your Honor. May I?
JUDGE CANNONE: Yes.
MR. BRENNAN: (By Mr. Brennan) Sir, when we left we were discussing Mr. O'Keefe's sneaker that you retrieved from the Good Samaritan Hospital?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Would that be his right sneaker?
MR. BUKHENIK: It would be his right sneaker.
MR. BRENNAN: Do you have that sneaker with you today?
MR. BUKHENIK: I do.
MR. BRENNAN: And again, could you open that bag and show that right sneaker to the jury?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: (Witness complies.)
MR. BRENNAN: Is that the sneaker you retrieved from the Good Samaritan Hospital?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: I'd that into evidence, please.
JUDGE CANNONE: Okay. Any objection, Mr. Jackson?
MR. JACKSON: No, Your Honor.
JUDGE CANNONE: All right. Thank you.
(Whereupon Exhibit No. 86, Evidence Bag Containing Right Sneaker, was marked as an exhibit.)
MR. BRENNAN: Trooper Bukhenik, there are two more items.
MR. BRENNAN: I'm sorry, Your Honor.
JUDGE CANNONE: Okay. Go ahead.
MR. BRENNAN: Thank you, Your Honor.
MR. BRENNAN: Trooper Bukhenik, there are two more items that you retrieved of John O'Keefe's clothing from the Good Samaritan Hospital. Did you bring those items with you?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Are those two of the items that you laid out on butcher paper to dry?
MR. BUKHENIK: Yes, they are.
MR. BRENNAN: Were they ultimately bagged and put into evidence?
MR. BUKHENIK: Yes, they were.
MR. BRENNAN: And did you bring Mr. O'Keefe's T-shirt?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Is it placed in an object so it can be seen?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: What type of object?
MR. BUKHENIK: It's a transparent plastic sheet.
MR. BRENNAN: I would move the T-shirt into evidence.
MR. JACKSON: No objection, Your Honor.
MR. BRENNAN: With the Court's permission, can Trooper Bukhenik show it to the jury.
JUDGE CANNONE: Yes. A (Witness complies.)
MR. BRENNAN: Could you sow the back as well, Trooper?
MR. BUKHENIK: (Witness complies.)
MR. BRENNAN: Thank you.
MR. BRENNAN: Mr. Brennan, could you help assist the court reporter with that, please.
MR. BRENNAN: Of course.
(Whereupon Exhibit No. 87, T-Shirt, was marked as an exhibit.)
MR. BRENNAN: Would you like me to place on that side?
COURT CLERK: Yes, that would be great. Thank you.
MR. BRENNAN: And, Trooper Bukhenik, is there a last piece of item of Mr. O'Keefe's that you took from the Good Samaritan Hospital?
MR. BUKHENIK: Yes, there is.
MR. BRENNAN: And what is it?
MR. BUKHENIK: It's the sweatshirt.
MR. BRENNAN: I'd move that into evidence, Your Honor.
JUDGE CANNONE: No objection, Your Honor.
MR. BRENNAN: With the Court's permission?
JUDGE CANNONE: Yes.
MR. BRENNAN: Could you show the backside, too, please.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes, thank you. Next exhibit, please, Madam Court Reporter.
(Whereupon Exhibit No. 88, Sweatshirt, was marked as an exhibit.)
MR. JACKSON: Your Honor, may we approach briefly?
JUDGE CANNONE: I'm sorry?
MR. JACKSON: May we approach briefly?
JUDGE CANNONE: Oh, okay.
(Sidebar commences:
JUDGE CANNONE: I thought you said there was no objection.
MR. JACKSON: There's not. I just want to make sure I put a caveat on this. I have no objection to this. It seems fine to me as it is. When it goes back to the jury, it is this one that specifically needs to be removed from the plasticine. There's specific evidentiary value to them seeing the sleeve.
MR. BRENNAN: Agreed.
MR. JACKSON: I don't have any problem with this.
JUDGE CANNONE: So let's store it like this for now.
MR. JACKSON: Right, agreed.
JUDGE CANNONE: Is it likely, Mr. Jackson, not just before it goes back -- excuse me, Mr. Jackson.
MR. ALESSI: I want to get out of the way.
JUDGE CANNONE: Not just before it goes back to the jury, but do you anticipate using it with another witness so we know how to store it.
MR. JACKSON: I may. I may use it with another witness, but I was thinking when Mr. Brennan was -- showed it me the shirt first time, it's easy enough, if I need to, take a razor blade just cut --
JUDGE CANNONE: We need to know about storing it.
COURT CLERK: Yeah, so I can get it.
MR. JACKSON: I have no problem with it being stored for the timing as it is. I may with one or more of my experts need it.
JUDGE CANNONE: So just give us a heads up so we can have it.
MR. JACKSON: I certainly will.
MS. MCLAUGHLIN: Your Honor, while we're here, based on the last two prior exhibits - the shoe that was entered into evidence, it's the understanding of both parties that the items were mishandled or handled by the jury of the previous at trial. So my suggestion would be on the bag to mark it for ID, and, if, Your Honor, if we can put the shoe that was just entered into evidence into another evidence bag so it's clearly labeled and it does not mislead this jury.
JUDGE CANNONE: Okay. It makes sense. It creates a clearer record, as well. Is there any objection to that?
MR. JACKSON: I have no objection to a new bag as long as the old bag is also entered into evidence. It's got Trooper Proctor's name on it, and I need that for --
JUDGE CANNONE: Can we sanitize the other part of it where it has the asterisk and all that, or any --
MR. JACKSON: If we can agree, yes.
JUDGE CANNONE: Why don't --
MR. YANNETTI: We'll come to an agreement.
JUDGE CANNONE: Yeah, why don't we all come --
MR. BRENNAN: I'll come to an agreement -- I don't there will be any problem.
JUDGE CANNONE: Just so the record is clear, we're likely to change that bag and have it remarked, right?
MR. JACKSON: Right.
end of sidebar.)
JUDGE CANNONE: Jurors, every piece of evidence that you're getting is recorded, and we have to keep a very clear record. So sometimes we spend time that may seem like a waste of time to you, but it's very, very important for the case, so we do appreciate your patience. All right. Go ahead, Mr. Brennan.
MR. BRENNAN: Thank you.
MR. BRENNAN: Trooper Bukhenik, you shared with us that you met with some of the members of the state police that night and then returned to the Norfolk County District Attorney's Office to put the clothing on butcher paper you called it. What was your next step in your investigation?
MR. BUKHENIK: We met and discussed the next steps. My decision was to go back to 34 Fairview and excavate for the missing clothing item, being Mr. O'Keefe's hat. There was also plans to start writing search warrants.
MR. BRENNAN: Did the weather get better over the next couple days?
MR. BUKHENIK: The weather did take a turn for the warmer temperatures, yes.
MR. BRENNAN: Did you return to Fairview a few days later on February 3?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Was that the first time you personally had visited 34 Fairview?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: When you went to 34 Fairview Road on February 3, 2022, do you remember about what time in the morning you went?
MR. BUKHENIK: Sometime between 8:30, 9 o'clock, maybe 9:30.
MR. BRENNAN: When you went there, did you travel with anybody?
MR. BUKHENIK: Yes.
MR. BRENNAN: Who did you travel with?
MR. BUKHENIK: It was other members of my unit and a member from crime scene services unit.
MR. BRENNAN: Did you all travel in the same vehicle, or did you meet there?
MR. BUKHENIK: We all traveled in our own issued cruisers.
MR. BRENNAN: Was this a planned search or a planned excavation on February 3?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: 2022?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: Who was there at the scene at 34 Fairview with you?
MR. BUKHENIK: It was Trooper DiCicco, Mike Proctor, and Trooper Evan Brent.
MR. BRENNAN: And Trooper Evan --
MR. BUKHENIK: Brent.
MR. BRENNAN: Was Trooper Brent the photographer?
MR. BUKHENIK: Yes.
MR. BRENNAN: What type of tools did you bring when you went to 34 Fairview?
MR. BUKHENIK: We brought snow shovels, garden shovels. I brought like an E-tool, military style E-tool.
MR. BRENNAN: Was there still some snow on the ground?
MR. BUKHENIK: There was, yes.
MR. BRENNAN: Did you and the members of the group begin to look for any evidence?
MR. BUKHENIK: Yes, we did.
MR. BRENNAN: Were you looking on the street or did you move to more on the grass?
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: Ask it differently.
MR. BRENNAN: What area were you focused on at this point?
MR. BUKHENIK: We were focused on the lawn portion of the property by -- in the vicinity of the flagpole, the fire hydrant, and along the edge of the asphalt.
MR. BRENNAN: Did you see a berm, an asphalt or berm separating the concrete street and the yard?
MR. BUKHENIK: Yes.
MR. BRENNAN: Were you looking anywhere near the area of the berm?
MR. BUKHENIK: We did, yes.
MR. BRENNAN: Were you looking anywhere on the street?
MR. BUKHENIK: The street was plowed, but portions of the street still had remnants of snow so we did check that area, but it was much easier to identify anything because it was clear of snow.
MR. BRENNAN: Where was most of your focus?
MR. BUKHENIK: On the lawn.
MR. BRENNAN: As you worked your way through the lawn, did you or members of your team come across any items that you believed to be evidence?
MR. BUKHENIK: Yes.
MR. BRENNAN: I'm going to ask you to produce some of that evidence to us. Beginning with 535, did you find a number of pieces of plastic?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could you produce 535?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Let me ask you a couple of questions before you open that. If somebody identified an object that they believed to be evidence, what was the process in handling it?
MR. BUKHENIK: On this day, we identified evidence. The process would have been documenting each item that was located with photographs, then one of the members of the individuals present would bag each item into a paper bag.
MR. BRENNAN: When they were bagged, would the bagging them use type of protection like you're using?
MR. BUKHENIK: Absolutely, every time.
MR. BRENNAN: After the items were bagged, was the bag sealed?
MR. BUKHENIK: Eventually it was sealed, yes.
MR. BRENNAN: When you say eventually, what does that mean?
MR. BUKHENIK: Once it was -- all the items were inside, and it was brought back to the office, it would be sealed, signed, completely filled out with all the pertinent information on the back.
MR. BRENNAN: Could you open that bag?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: And before you take the pieces out, I'm asking you to look in. Do you recognize those pieces?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What do you recognize them to be?
MR. BUKHENIK: I recognize them to be the items that we recovered from the lawn area on the left side of 34 Fairview Road on February 3, 2022, during the planned excavation of the property.
MR. BRENNAN: And were they photographed before they were put in that bag?
MR. BUKHENIK: They were.
MR. BRENNAN: Your Honor, may I approach before Trooper Bukhenik --
JUDGE CANNONE: Yes.
MR. BRENNAN: -- opens that bag or goes further.
JUDGE CANNONE: Could you show Mr. Jackson?
MR. BRENNAN: I am sorry.
MR. BRENNAN: Handing you a series of photographs. I'd ask you to take a look at them and see if you recognize them.
MR. BUKHENIK: I do recognize them.
MR. BRENNAN: And what is in those photographs?
MR. BUKHENIK: The photographs depict items collected from the lawn at 34 Fairview Road on February 3, 2022.
MR. BRENNAN: Do those particular photographs correspond with the pieces of items that are in that bag?
MR. BUKHENIK: They do.
MR. BRENNAN: I would move this series of photographs into evidence.
JUDGE CANNONE: Any objection?
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: We'll mark them separately, please.
(Whereupon Exhibit No. 89, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 90, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 91, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 92, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 93, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 94, Photograph, was marked as an exhibit.)
MR. BRENNAN: Those items, were they eventually sent for analysis to a Massachusetts State Police lab?
MR. BUKHENIK: Yes, they were.
MR. BRENNAN: When the laboratory receives those items, are you familiar whether they mark them with a label or a number for identification?
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: I'm going to allow that.
MR. BUKHENIK: Yes, they mark each item individually.
MR. BRENNAN: do those items have markings on them reflected by an item number?
MR. BUKHENIK: Yes, they are.
MR. BRENNAN: When you refer to a piece, will you refer to that item number that is on any individual piece?
MR. BUKHENIK: Once it's labeled, it is identified by that individual piece by that designated LIM.
MR. BRENNAN: So if there's any numbers written on any of those pieces, was that written by you?
MR. BUKHENIK: No.
MR. BRENNAN: Would that have been written by somebody else after it was sent?
MR. BUKHENIK: Yes, at the lab.
MR. BRENNAN: If we can begin, you can begin to take the pieces out and show them to the jury.
MR. BUKHENIK: (Witness complies.)
MR. BRENNAN: And does that have a number on it or a tag?
MR. BUKHENIK: Yes, it does. This is item 22–021847–8 also alphanumeric A.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Thank you.
MR. BUKHENIK: These two are taped together.
MR. BRENNAN: When you found them, were they taped together?
MR. BUKHENIK: No, they're taped together by the lab.
MR. BRENNAN: There's also a canister labeled debris collection. That number is 22–021847–8.1. This is 7–8G. This is 7–8N as in November. There are also items too small to label with a letter number. Those were put into a bag like this. It almost looks like a stamp bag, wax stamp bag.
MR. BRENNAN: Are those all the items in that bag?
MR. BUKHENIK: Altogether, there are -- it does look like those are all the items. Some of them are some inside the canister that I pulled out.
MR. BRENNAN: Your Honor, I'd move those items into evidence, please.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 95, Evidence Bag, was marked as an exhibit.)
MR. BRENNAN: Sir, you mentioned that there was a trooper there photographing the evidence?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Did the photographer take a photograph of the items in the place when they were found, or were the items moved to a different location before they were photographed?
MR. BUKHENIK: That day, every item was photographed where it was found.
MR. BRENNAN: With the Court's permission I'd like to show a number of exhibits to the jury?
JUDGE CANNONE: Okay.
MR. BRENNAN: Starting with Exhibit 89, which is P4907690.
MR. BRENNAN: Trooper, is that one of the items you found that morning?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: Do you know where in relation to the fire hydrant or the flagpole this item was recovered?
MR. BUKHENIK: It was in the general vicinity between the flagpole and the fire hydrant. The area where we were excavating was approximately 40 to 50 square feet in area.
JUDGE CANNONE: Mr. Brennan, can that be expanded, please, so jurors can see.
MR. BRENNAN: Thank you, Your Honor.
MR. BRENNAN: Is the item that you recovered on top of that leaf?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: Thank you. If I could next show Exhibit 90, which is P4927692. Before we close up, sir, is that the fire hydrant that is at the corner of 34 Fairview Road?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: If we could close up, please, on that? Why is there a ruler on the ground?
MR. BUKHENIK: The ruler is utilized to help put the item to scale by the photographer from crime scene services. They utilize these measuring rulers for scale of the item that you're looking at. Sometimes it's hard to depict how large an item is if there's no reference point.
MR. BRENNAN: If we could do a little bit further view to show the fire hydrant. Is that where this piece of evidence was found in that exact location?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Thank you. I would like next to show the jury Exhibit 91, 5157721. Do you recognize that piece of evidence?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Could you zoom in, please. And is that the same piece of evidence that is depicted in Exhibit 89, P4907690, different angle with a ruler?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Thank you. If we could have Exhibit 92, please, P4937694. Could you zoom in, please. Is that piece of evidence in the bag that you provided is evidence, physical evidence?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Was this found near the area of the other pieces?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: If we could show Exhibit 93, P5077711, please. Could you zoom in, please. How long did you spend that day looking, you and your team, for pieces of evidence?
MR. BUKHENIK: It was probably 45 to an hour.
MR. BRENNAN: And finally, if I could show Exhibit 94, P5037707. And if you could zoom in, please? And this piece of evidence, where in relation to the other pieces was this found?
MR. BUKHENIK: In same vicinity.
MR. BRENNAN: Thank you. If you take that down, please.
MR. BRENNAN: When you were searching, did you find any item near the street area?
MR. BUKHENIK: Yes, we did.
MR. BRENNAN: What did you find?
MR. BUKHENIK: A black plastic drinking straw.
MR. BRENNAN: Could you retrieve 536 for us, please.
MR. BUKHENIK: (Witness complies.)
MR. BRENNAN: I'd moved this piece of evidence into --
MR. JACKSON: No objection.
JUDGE CANNONE: All right.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes, let's get it marked before.
MR. BRENNAN: I'm sorry, Your Honor?
JUDGE CANNONE: Let's wait until it's marked.
(Whereupon Exhibit No. 97, Straw, was marked as an exhibit.)
MR. BRENNAN: Showing you a photograph. Do you recognize that, sir?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What's it a photograph of?
MR. BUKHENIK: It's a photograph of the black drinking straw that we found at 34 Fairview on February 3, 2022.
MR. BRENNAN: What location did you find it in?
MR. BUKHENIK: It was close to the paved berm on the street.
MR. BRENNAN: And this is after the street was plowed?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: I'd this into evidence as an exhibit, please.
JUDGE CANNONE: Okay.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 98, Photograph, was marked as an exhibit.)
MR. BRENNAN: I'd ask you to open this and show it to the jury?
MR. BUKHENIK: Yes, sir. (Witness complies.)
MR. BRENNAN: With the Court's permission, I'd like to show Exhibit 98 to the jury.
JUDGE CANNONE: Okay.
MR. BRENNAN: And that is before P4887688.
MR. BRENNAN: Sir, if you look at that photograph.
MR. BRENNAN: And, Ms. Gilman, could you close ...
MR. BRENNAN: Do you recognize what's in that photograph?
MR. BUKHENIK: I do.
MR. BRENNAN: And what is that?
MR. BUKHENIK: That is the photograph of the straw we picked up from the street in front of 34 Fairview Road.
MR. BRENNAN: Could we zoom out a little bit please, Ms. Gilman?
MR. BRENNAN: Is that the area where you or your team found, recovered that straw?
MR. BUKHENIK: That is exactly where it was found and recovered from.
MR. BRENNAN: That photograph doesn't show much of the grass area. How far is that area from the fire hydrant?
MR. BUKHENIK: It's probably with my estimate 15 feet, maybe 20 from the fire hydrant. Yeah, it's probably 15 to 20 feet if I had to estimate.
MR. BRENNAN: Thank you. You mentioned that one of the items that you went back to Fairview to try to find was a hat. Why were you specifically looking for a hat?
MR. BUKHENIK: I had learned that Mr. O'Keefe was wearing a black baseball hat baseball the night prior to the incident. So with us recovering the clothing from the hospital and the hat was not part of that pile of clothing, we needed to see where the hat was. That could have been the lead. That could be a clue of where Mr. O'Keefe was last prior to being discovered.
MR. BRENNAN: Did you and the team ultimately find a hat that morning?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could I have you produce 537?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Your Honor, I'd move that item into evidence.
MR. JACKSON: No objection.
JUDGE CANNONE: So this is going to be 96.
MR. BRENNAN: Thank you.
(Whereupon Exhibit No. 96, Evidence Bag Containing Baseball Hat, was marked as an exhibit.)
MR. BRENNAN: With the Court's permission, Trooper Bukhenik, could you open that and show it to the jury?
JUDGE CANNONE: Yes. A (Witness complies.)
MR. BRENNAN: Was that item photographed?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: And when that was taken from the scene, was the same methods used of using gloves and putting it in a bag?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: When the item was photographed, was it photographed in the place that it was found?
MR. BUKHENIK: Yes, it was.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Sir, I'm showing you a series of photographs. Could you take a look at the first one. Do you recognize that photograph?
MR. BUKHENIK: I do.
MR. BRENNAN: What is it?
MR. BUKHENIK: It's the accumulated snow that was being excavated at the scene where we located Mr. O'Keefe's hat.
MR. BRENNAN: And the second photo?
MR. BUKHENIK: The second photo is a close-up of Mr. O'Keefe's hat flattened and frozen to the ground with portions of it that were exposed underneath the piled up snow.
MR. BRENNAN: Third photo.
MR. BUKHENIK: Third photo is also of the hat once it's been removed, and you can see the thin blue line, American flag on the front of the hat and the Nike swoosh on the brim.
MR. BRENNAN: And the fourth photo, please?
MR. BUKHENIK: And the fourth photograph is also a close-up of the top of the hat with a scale ruler next to it with grass showing from underneath the hat.
MR. BRENNAN: I'm going to put these back in the order in which you identified them.
MR. BRENNAN: Your Honor, I'd move these four photographs into evidence.
JUDGE CANNONE: Okay. Any objection?
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Do you want them as four separate or A, B, C.
MR. BRENNAN: A, B, C, will be fine. Thank you.
(Whereupon Exhibit No. 99A, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 99B, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 99C, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 99D, Photograph, was marked as an exhibit.)
MR. BRENNAN: With the Court's permission, I'd like to show these photographs to the jury.
JUDGE CANNONE: Yes.
MR. BRENNAN: Beginning with 99A, P5267733, please. Could you close up just a little bit, please? Sir, can you describe what you see here?
MR. BUKHENIK: Yes, that's the excavation track by one of the members at the scene. You can see the hat frozen flat to the bottom or on the bottom of the snow right on top of the grass. It was under approximately a foot and a half of snow that had accumulated in the area.
MR. BRENNAN: If you could next show 99B, P5277735.
MR. BUKHENIK: This is again the close-up of the frozen flat hat to the grass at 34 Fairview Road.
MR. BRENNAN: Next is 99C, P5297739, please?
MR. BUKHENIK: Once pulled out and flipped over, again, this is the same hat belonging to Mr. O'Keefe that was discovered frozen flat to the grass at the scene.
MR. BRENNAN: Thank you. If you could take that down, please.
MR. BRENNAN: Did you search the entire front lawn at that time?
MR. BUKHENIK: No, we did not.
MR. BRENNAN: And we can see from those photographs, there's still snow in that yard?
MR. BUKHENIK: Yes.
MR. BRENNAN: As you continued your investigation, did you continue to go back to Fairview over time?
MR. BUKHENIK: Yes. Based on the amount of snow still present and the fact that we were finding pieces of broken taillight and glass at the scene and items that we did not expect to find, like a cocktail glass -- a straw, we -- I directed my members to go by the scene every day. As the temperatures rose, snow would expose more evidence on the lawn and with the hopes of finding each and every item that was present.
MR. BRENNAN: By February 4, the next day, 2022, did you receive a call?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Not what was said, but who was that call from?
MR. BUKHENIK: I believe it was --
MR. BRENNAN: I don't want you to guess if you don't know. Was the person a member of any group?
MR. BUKHENIK: Yes.
MR. BRENNAN: From what group?
MR. BUKHENIK: It was the Canton police.
MR. BRENNAN: As a result of receiving a call from the Canton police or someone from the Canton police on February 4, 2022, did you go anywhere?
MR. BUKHENIK: I was already in route to 34 Fairview Road to conduct a directed check of the area.
MR. BRENNAN: When you say a directed check, did you drive by every day on your way to work?
MR. BUKHENIK: I told my members on every day to work and home to make sure someone's checking the lawn to make sure that any evidence that exposes itself through the melting snow would be identified and collected.
MR. BRENNAN: As you were on your way there, you received a call from someone from the Canton police?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you arrive at 34 Fairview on February 4, 2022?
MR. BUKHENIK: I did.
MR. BRENNAN: When you got there, did you see any more items?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: How many?
MR. BUKHENIK: One item. A larger in size red taillight piece had revealed itself, and it was collected.
MR. BRENNAN: Could you produce 710, please?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Is that 710, sir?
MR. BUKHENIK: Seven dash ten, yes, sir.
MR. BRENNAN: I'd move that item into evidence, please?
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 100, Evidence Bag with Red Taillight Piece, was entered as an exhibit.).
MR. BRENNAN: With the Court's permission, could Trooper Bukhenik open the item and show it to the jury?
JUDGE CANNONE: Yes. A (Witness complies.)
MR. BRENNAN: Thank you. Did anybody photograph that item where it was found?
MR. BUKHENIK: Yes, there was a photograph taken.
MR. BRENNAN: Did you take the photograph?
MR. BUKHENIK: No, I did not.
MR. BRENNAN: How did you receive the photograph?
MR. BUKHENIK: It was attached to the Canton police reports that were provided. Canton police documented that item in place.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: I'm showing you two photographs. The first page, do you recognize that item?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What do you recognize that to be?
MR. BUKHENIK: That was the item I collected on February 4, at 34 Fairview Road, which I was just showing to the jury.
MR. BRENNAN: And the second photograph?
MR. BUKHENIK: The second photograph is a zoomed out general vicinity photograph of the same item from 34 Fairview Road, the lawn area approximately 7 feet from the roadway.
MR. BRENNAN: Your Honor, I'd like to move these into evidence A and B, with the Court's permission.
JUDGE CANNONE: Any objection, Mr. Jackson?
MR. JACKSON: There's no objection, Your Honor.
(Whereupon Exhibit No. 101A, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 101B, Photograph, was marked as an exhibit.)
MR. BRENNAN: With the Court's permission, I'd like to show those photographs to the jury.
JUDGE CANNONE: Yes.
MR. BRENNAN: P46, please.
MR. BRENNAN: Is that a photograph of the item you just showed the jury, sir?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: And where was it in relation to the other pieces that you had found on February 3?
MR. BUKHENIK: It was further to the right. If you're looking at the property, if you have the fire hydrant on your left, it was further to the right on the right bank of the snow that was melting on the lawn.
MR. BRENNAN: Is that on the lawn or on the pavement?
MR. BUKHENIK: That's on the lawn.
MR. BRENNAN: And could we show the close-up please, P47. Thank you. You can take it down, please.
MR. BRENNAN: When you recovered those items, did you go through the same protocol of gloves and bags?
MR. BUKHENIK: Absolutely.
MR. BRENNAN: Did you return to 34 Fairview on February 10?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Was the snow in a different state then when you last left it on February 3?
MR. BUKHENIK: Yes, it had receded, significantly.
MR. BRENNAN: When you went back on February 10, were you with anybody?
MR. BUKHENIK: I believe I was with another trooper.
MR. BRENNAN: Do you know who that was?
MR. BUKHENIK: I don't remember. I'd have to refresh my memory.
MR. BRENNAN: Was it Michael Proctor?
MR. BUKHENIK: It might have been, yes.
MR. BRENNAN: Could you produce 7–11, please?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Does that bag contain some of the items you found on February 10, at Fairview Road?
MR. BUKHENIK: Yes, it does.
MR. BRENNAN: I'd move that into evidence, please.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 102, Evidence Bag with Items, was marked as an exhibit.)
MR. BRENNAN: Can you describe generally the size of the items in that bag?
MR. BUKHENIK: Can I open it?
MR. BRENNAN: Please.
MR. BUKHENIK: (Witness complies.) Generally speaking, there's six plastic pieces of clear and red and black items. They are in size approximately to like a half dollar.
MR. BRENNAN: Without going through every one of them, could you just pull out one red and one clear to show the jury as a representative sample of what's in the bag?
MR. BUKHENIK: (Witness complies.)
MR. BRENNAN: In total, there's six items in that bag?
MR. BUKHENIK: In total, there are six items in the bag.
MR. BRENNAN: When you retrieved those items, did you use the same protocol of gloves and a bag?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you photograph these items when you took them?
MR. BUKHENIK: Not on this day, no.
MR. BRENNAN: Why not?
MR. BUKHENIK: We had been to the scene so many times, it was the same general vicinity, and we just made a decision to have crime scene come out to photograph these six pieces.
MR. BRENNAN: Were they in any remarkably different position than the other pieces, anything that stood or were they -- let me rephrase that. Where were they, generally, in relation to the other pieces that you had found?
MR. BUKHENIK: They were all in the general area where the other pieces had been located. It was on the left side of the lawn, but near the flagpole between the road and the home.
MR. BRENNAN: Was there another group of items that you found that day that you put in a separate bag?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could you provide us?
MR. BRENNAN: May I approach? I'm not sure if I marked this one for evidence, Your Honor.
JUDGE CANNONE: Yes.
MR. BRENNAN: Would you produce 7–12, please?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: I'd move this into evidence, please.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 103, Evidence Bag with Fragments, was marked as an exhibit.)
MR. BRENNAN: With the Court's permission, could Trooper Bukhenik open the bag?
JUDGE CANNONE: Yes.
MR. BRENNAN: In that bag, are there different types of items, the items you showed us before were -- appeared to be plastic?
MR. BUKHENIK: Yes, these items are packaged in wax paper. There's 14 pieces in total, and these items contain glass and plastic fragments, some of which are also within like a cylindrical tin container that you saw earlier.
MR. BRENNAN: Could you show us some of the glass pieces, please?
MR. BUKHENIK: Yes, sir. I'm going to have to open the wax bag.
MR. BRENNAN: Please. Could you stand so the people in the back can see?
MR. BUKHENIK: (Witness complies.)
MR. BRENNAN: Thank you. Were there a number of different items inside -- that are inside that bag that you found that day?
MR. BUKHENIK: Yes, there are a number of glass pieces taped and labeled for identification at the lab, and mechanically pieced together to form this one piece in my right hand. And this is one solid thick piece of curved glass in my left hand.
MR. BRENNAN: And again, is this February 10, 2022?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: For the last evidence bag you said you did not photograph where they were found, did photograph where these pieces were found?
MR. BUKHENIK: No, I did not, no.
MR. BRENNAN: Different reason than the last bag?
MR. BUKHENIK: No.
MR. BRENNAN: Do you have a memory of where these items were found in relation to the items in the last bag?
MR. BUKHENIK: Yes, they were all in the general vicinity where all the other taillight pieces were located as well as the baseball hat.
MR. BRENNAN: How much snow was on the ground at this point?
MR. BUKHENIK: Most of the snow had melted. There might have been some areas that was still present because of the excavation that took place. So very little to no snow was present at this point in time.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Is that all the pieces that you have that you were part of finding or retrieving from 34 Fairview Road related to plastic or glass discovered?
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Did you continue to work on this case?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: At some point, did you receive video from a number of different locations?
MR. BUKHENIK: Yes.
MR. BRENNAN: Where were you part of retrieving or receiving video from?
MR. BUKHENIK: I was part of retrieving or receiving video from CF McCarthy's, the Waterfall. There was also video that was collected from other agencies and entities.
MR. BRENNAN: Did you seek a search warrant or video evidence from a company called Ring?
MR. BUKHENIK: Yes.
MR. BRENNAN: For what location?
MR. BUKHENIK: For the Meadows Ave. location, Mr. John O'Keefe's residence.
MR. BRENNAN: Did you see receive a video from Ring directly from Ring?
MR. BUKHENIK: Ring sent over files with Ring video.
MR. BRENNAN: Was that by a link by a computer?
MR. BUKHENIK: I'm not sure how it came in. It was via the Internet.
MR. BRENNAN: Did you view all of the files that were produced by Ring?
MR. BUKHENIK: At some point, I reviewed all the files, yes.
MR. BRENNAN: Was that pursuant to a subpoena?
MR. BUKHENIK: I'm sorry?
MR. BRENNAN: Were the Ring videos produced pursuant to a subpoena?
MR. BUKHENIK: Through the search, yes, we requested it through the search warrant. That's the way these providers, service providers, respond to the court legal service.
MR. BRENNAN: Were you aware that cruisers or the cruisers at the Canton Police Department had dash cam video?
MR. BUKHENIK: Yes, I am aware of it.
MR. BRENNAN: Did you obtain and review video?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Have you seen any other video Canton Police Department?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: At some point, were you asked if you would consent to provide your DNA?
MR. BUKHENIK: Yes, I was, yes.
MR. BRENNAN: Is that uncommon in investigations?
MR. BUKHENIK: It's not -- it's not common, but situations do arise where you're asked to do that, so we -- it's not the first time that's happened, but it has happened before where a law enforcement individual officer has to provide DNA and they consent.
MR. BRENNAN: Did you?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you review any other materials in this case? Did you review any reports?
MR. BUKHENIK: I did review reports, yes.
MR. BRENNAN: Did you write reports in this case?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Now, I want to ask you about Michael Proctor. You told us that you were working on this investigation with him?
MR. BUKHENIK: Yes, I was.
MR. BRENNAN: Are you still working on this investigation with him?
MR. BUKHENIK: No, I am not.
MR. BRENNAN: You were Michael Proctor's supervisor?
MR. BUKHENIK: Yes, I was.
MR. BRENNAN: When you worked for the state police, do you have a personal phone, and a phone that is provided to you by the state police?
MR. BUKHENIK: Yes.
MR. BRENNAN: The state police phone, is that a work phone?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: What type of information do you receive on that phone?
MR. BUKHENIK: You can receive communications via email, text message, cell phone tower, voice communications.
MR. BRENNAN: Do officers communicate with each other at times on those work phones?
MR. BUKHENIK: Yes, they do.
MR. BRENNAN: And during that time, did you have a work phone that you were using for communications?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: At some point, did you receive or were you placed on an email chain that included Michael Proctor and others?
MR. BUKHENIK: I believe it was a text chain.
MR. BRENNAN: I'm sorry, a text chain.
MR. BUKHENIK: Yes.
MR. BRENNAN: Were you included on a text chain involving Michael Proctor and others?
MR. BUKHENIK: Yes, I was.
MR. BRENNAN: Did you receive a text or a text chain from Michael Proctor and other people?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: And when you received a text, do you remember where you were when you received the text chain?
MR. BUKHENIK: This specific one you're referring to; I was at the Logan Airport working a traffic detail.
MR. BRENNAN: When you received that text or text chain, did you respond?
MR. BUKHENIK: I acknowledged the text. I did not respond through with verbiage.
MR. BRENNAN: And during that text chain, did you look at the entire text chain?
MR. BUKHENIK: No, the text message came through on my Apple watch. As I was controlling traffic, I glanced at it, took part of the information that came through, and acknowledged it with a thumbs-up emoji indicating that I read it.
MR. BRENNAN: At some point, did you learn everything that was on that text chain?
MR. BUKHENIK: Yes.
MR. BRENNAN: And as a result of that text chain, was there an investigation?
MR. BUKHENIK: There was.
MR. BRENNAN: And during that investigation, you were Michael Proctor's supervisor.
MR. BUKHENIK: I was.
MR. BRENNAN: After the investigation was done, did the state police make any finding against you for that text chain?
MR. BUKHENIK: Yes, they were two sustained findings as a result of that investigation.
MR. BRENNAN: Did you initiate that text chain?
MR. BUKHENIK: No, I don't believe so.
MR. BRENNAN: You did react with a thumbs-up?
MR. BUKHENIK: I acknowledged the text message that he sent or a portion of the information that came through on my watch.
MR. BRENNAN: And the two sustained findings against you, were one of them for a failure to adequately supervise?
MR. BUKHENIK: Yes.
MR. BRENNAN: And the other, was it regarding a routine or regular review that it didn't consider that text chain --
MR. JACKSON: Objection, Your Honor.
MR. BRENNAN: I'll rephrase.
JUDGE CANNONE: Okay.
MR. BRENNAN: That second sustained finding, was it regarding a review of the performance level of Mr. Proctor?
MR. BUKHENIK: That's correct.
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained as to form.
MR. BRENNAN: What there a second sustained finding?
MR. BUKHENIK: Yes, there was.
MR. BRENNAN: Did it relate to the review process of a subordinate?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained as to form.
MR. BRENNAN: What was that second sustained finding about?
MR. BUKHENIK: The accuracy of the review of the quarterly performance evaluation.
MR. BRENNAN: You said quarterly. How often would you have to review subordinates?
MR. BUKHENIK: Every 90 days.
MR. BRENNAN: Was there any other sustained finding against you?
MR. BUKHENIK: No.
MR. BRENNAN: Was there punishment in light of those two sustained findings against you?
MR. BUKHENIK: There was.
MR. BRENNAN: And what was that punishment?
MR. BUKHENIK: I lost five vacation days.
MR. BRENNAN: Do you presently work in the homicide division of the Norfolk County District Attorney's Office?
MR. BUKHENIK: I do.
MR. BRENNAN: Are you currently a sergeant?
MR. BUKHENIK: I am.
MR. BRENNAN: Have you ever reviewed that entire chain that was at issue?
MR. BUKHENIK: Only through the documents provided for me during the internal investigation.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: May I stand here?
JUDGE CANNONE: Sure.
MR. BRENNAN: Sir, I'm going to ask you to take a look at that document, and if you turn the page, does it begin through -- one more page, please. Does it begin to reflect the email chain?
MR. BUKHENIK: Yes, it does.
MR. BRENNAN: Do you remember this email chain?
MR. BUKHENIK: I remember seeing it when I reviewed it. I don't remember the intricate details of these messages.
MR. BRENNAN: Do you remember that photograph?
MR. BUKHENIK: I don't.
MR. BRENNAN: Okay. Could you turn the page. Is there text?
MR. BUKHENIK: Yes, there is.
MR. BRENNAN: Without citing the phone numbers, I'd like would you to cite the author of the text, and I'd like you to read the texts to the jury.
MR. BUKHENIK: Do you want me to date and time or no?
MR. BRENNAN: Sure.
MR. BUKHENIK: August 17, 2022, 9:44 p.m., 25 seconds. "Funny. I am going through his retarded client's phone."
MR. BRENNAN: I'd like you to read all of them, please.
MR. BUKHENIK: Next one, "No nudes so far. I hate that man. I truly hate him."
MR. BRENNAN: And can you give the author for each comment? And can you start again because I want us to understand --
MR. BUKHENIK: I'm sorry, can you repeat that?
MR. BRENNAN: The author, whoever makes the comment, I'd like to have the name of the author.
MR. BUKHENIK: I'm sorry. This document does not identify who the author is, sir.
MR. BRENNAN: May I?
JUDGE CANNONE: Yes.
MR. BRENNAN: It identifies this as your phone?
MR. BUKHENIK: That is, yes.
MR. BRENNAN: But each comment doesn't identify who sent it?
MR. BUKHENIK: No, it does not. I assume it's an extraction from one device, but ...
MR. BRENNAN: I see. If you've made any of the comments yourself, would you tell us?
MR. BUKHENIK: If I made those comments?
MR. BRENNAN: No. If you make any of them in here as you read them, will you point out --
MR. BUKHENIK: Absolutely. Absolutely, yes.
MR. BRENNAN: Please. Okay. And if you don't know who made the comment, can you just identify that for us as you read it so we know.
MR. BUKHENIK: Okay. Do you want me to continue to the next page?
MR. BRENNAN: Why don't we start over because I should have been more clearer in my directions. If you begin again.
MR. BUKHENIK: So in the beginning it says, "Funny, I am going through his retarded client's phone." Is that your comment? A No, it is not.
MR. BRENNAN: Okay. Next.
MR. BUKHENIK: It appears to be the same person because of the way that the extraction happens, and it says, "No nudes so far." Again, I believe it's the same person because all of these identified as sent. It says, "I hate that man. I truly hate him."
MR. BRENNAN: Do you have any belief that's Michael Proctor who was writing these?
MR. BUKHENIK: Yes, I believe that it is.
MR. BRENNAN: Next please.
MR. BUKHENIK: There's a blank page and that's the end.
MR. BRENNAN: Did you say you were suspended five days or lost five days’ vacation?
MR. BUKHENIK: Last five days of a vacation.
MR. BRENNAN: And have you continued on your cases?
MR. BUKHENIK: Yes, I have.
MR. BRENNAN: I want to go back to the evidence that you reviewed in this case.
MR. BUKHENIK: Okay.
MR. BRENNAN: Did you get to look at the Ring video for John O'Keefe's home at Meadows?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you review the video over a period of time over January 28, and January 29?
MR. BUKHENIK: I did
MR. BRENNAN: What were you looking for?
MR. BUKHENIK: We were looking for activity to get a timeline. During investigations, different sources provide you information that can develop into leads. It all also helps verify witness statements. It helps verify informations coming in. We always trust but we always verify the information that we take in from individuals who we do not know. So although it could be a cooperating witness, you still have to verify that their information is accurate - not that they might be intentionally misleading you, but three people can watch the same event and observe it differently. So it's good to talk to individuals and pick up on different facts that they remember giving you a whole picture of what took place.
MR. BRENNAN: Did you review Ring video from January 28, 2022 and January 29, 2022?
MR. BUKHENIK: I did.
MR. BRENNAN: With the Court's permission, I'd like to show a number of segments of the video from January 28, 2022?
JUDGE CANNONE: Okay. The one that's already in evidence.
MR. BRENNAN: It is. It's Exhibit 6.
JUDGE CANNONE: Okay.
MR. BRENNAN: When you reviewed the video from the Ring that Ring provided for Mr. O'Keefe's home on Meadows on January 28, 2022, did you review it from the morning time at about 7:18:55 throughout the evening?
MR. BUKHENIK: On the 28th?
MR. BRENNAN: Yes.
MR. BUKHENIK: Yes.
MR. BRENNAN: Could I have video 119? Thank you.
(Whereupon, a video was played.)
MR. BRENNAN: After that video, did you have an opportunity to look at video at about 5:05 p.m.?
MR. BUKHENIK: I'm sorry there was noise coming from the bag over there. I apologize.
MR. BRENNAN: Not a problem.
MR. BUKHENIK: Can you repeat that question?
MR. BRENNAN: Sure. On January 28, 2022, did you have a chance to look at video from the Ring at about 5:05 p.m.?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could I have video 145, please?
(Video played.)
MR. BRENNAN: Thank you, Ms. Gilman.
MR. BRENNAN: Did you have -- there's more video. Did you have a chance to look at live video from a little later that evening, 7:36 p.m.?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: If we could have video 149, please.
(Video played.)
MR. BRENNAN: In your investigation, did you learn that the defendant's phone connected to Mr. O'Keefe's Wi-Fi at his house on January 29, 2022, at 12:36:39?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you look for any Ring video for that time, 12:36?
MR. BUKHENIK: Yes.
MR. BRENNAN: Was there any Ring video on the production that was sent to you by Ring for the time period of 12 -- around 12:36:39 on the evening of January 29, 2022?
MR. BUKHENIK: There was no Ring video for that time frame.
MR. BRENNAN: Did you look for Ring video around 5:07:58 that morning on January 29, 2022?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Could we see video 153, please.
(Video played.)
MR. BRENNAN: Thank you. Did you review that video from 5:07:58?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you later review video of 5:46:29?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could we play number 154, please?
(Video played.)
MR. BRENNAN: Could you stop that, please? Do you recognize what's in that video?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What is that?
MR. BUKHENIK: That is top left corner is Mr. John O'Keefe's vehicle. Middle left side of the screen is a black Lexus SUV registered to Karen Read with the license plate based on that registration, and then on the right side, I believe that's Ms. Kerry Roberts' vehicle.
MR. BRENNAN: Did you see the people enter the house?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you look for further video after the people arrived at 5:26:29?
MR. BUKHENIK: Yes.
MR. BRENNAN: Was there any video of those three people leaving?
MR. BUKHENIK: No, there was not.
MR. BRENNAN: Was there later video at 7:05:16 a.m.?
MR. BUKHENIK: There was, yes.
MR. BRENNAN: Ms. Gilman, could we see video 155, please.
(Video played.)
MR. BRENNAN: Thank you. Did you later see video at 8:23 a.m.?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could we have exhibit or video 159, please?
(Video played.)
MR. BRENNAN: Thank you. Did you later see video at 10:36:28?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Could we have video 161, please.
(Video played.)
MR. BRENNAN: Could you stop that, please. Do you know who's in that video?
MR. BUKHENIK: I believe it's Mr. Paul O'Keefe and Mrs. O'Keefe.
MR. BRENNAN: Could you please play?
(Video played.)
MR. BRENNAN: Okay. Thank you. Did you later look at video of 12:04?
MR. BUKHENIK: Yes.
MR. BRENNAN: And could we please play the one minute segment of video 165?
(Video played.)
MR. BRENNAN: Could you stop that video? Do you know who that is?
MR. BUKHENIK: I believe that's the defendant.
MR. BRENNAN: Continue, please.
(Video played.)
MR. BRENNAN: Could you stop that? Do you know who exited the car?
MR. BUKHENIK: I believe that's Mr. Read.
MR. BRENNAN: Continue, please.
(Video played.)
MR. BRENNAN: Thank you. Did you continue to watch the video from the driveway?
MR. BUKHENIK: Yes.
MR. BRENNAN: During that time period?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you see anybody else get out of that car that was in the back?
MR. BUKHENIK: Yes.
MR. BRENNAN: And who did you believe you saw getting out of the car?
MR. BUKHENIK: I believe it was the defendant's brother and possibly his companion. I don't know who that is.
MR. BRENNAN: Did you have a chance to watch the video?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: At 12:35 p.m., could you play video 174, please?
(Video played.)
MR. BRENNAN: Thank you. Did you look at video from 12:40?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Could we have video 171?
(Video played.)
MR. BRENNAN: And 175.
(Video played.)
MR. BRENNAN: Did you look for further video to see if there was any video for the time around when the Lexus was taken from Meadows that morning?
MR. BUKHENIK: Yes.
MR. BRENNAN: Was there any video that was produced that shows the time around before and the time that Lexus was removed from that driveway that morning?
MR. BUKHENIK: There was no video, no.
MR. BRENNAN: When you were at the sally point, did you get an opportunity to look at the Lexus's rear taillight area?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you get to make observations about the damage that you viewed that morning?
MR. BUKHENIK: Yes, I was.
MR. BRENNAN: Did you later have a chance to see, after the snow melted, what that damage looked like?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Can I have Exhibit 54, please? Do you recognize what's in that photo?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: And what do you recognize it to be?
MR. BUKHENIK: That is the defendant's SUV that was seized and later processed. It's currently in the Canton sally port I believe.
MR. BRENNAN: Could we close up on the right rear taillight, please. Do you notice anything about that right rear taillight?
MR. BUKHENIK: Yes.
MR. BRENNAN: And what did you notice?
MR. BUKHENIK: It's missing a large red portion of the lens.
MR. BRENNAN: Is that consistent or inconsistent with the damage that you saw when you first saw that car?
MR. BUKHENIK: That is 100 percent consistent.
MR. BRENNAN: Did you get an opportunity to see any video or photographs of that right rear taillight before the car was placed in the sally port video?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you view the Ring video from Mr. O'Keefe's Meadows Ave. address?
MR. BUKHENIK: Yes.
MR. BRENNAN: If we could go back to video 153 from Exhibit 6. If you could play this, please? Did you have a chance to review this video?
MR. BUKHENIK: Yes.
MR. BRENNAN: Is this at 5:07:58 a.m. on January 29, 2022?
MR. BUKHENIK: Yes, it is.
(Video played.)
MR. BRENNAN: Could you stop, please? Do you notice anything about the right rear taillight in that video?
MR. BUKHENIK: Yes.
MR. BRENNAN: What did you notice?
MR. BUKHENIK: It's showing white and is missing the red taillight cover lens.
MR. BRENNAN: You could zoom back out for a second, please? Could you continue and I'm going to ask you to stop for a second.
(Video played.)
MR. BRENNAN: Stop, please. Did you notice anything about that still of that video?
MR. BUKHENIK: Yes, it's consistent with its appearance of missing that red taillight lens.
MR. BRENNAN: If you could play the vehicle leaving the driveway, please.
(Video played.)
MR. BRENNAN: Thank you.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Handing you a document, sir. Do you recognize what's in that?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What is it?
MR. BUKHENIK: It's a still frame from the Ring footage taken of the video we just watched of the Lexus SUV leaving and the red -- large red portion of the rear taillight is missing.
MR. BRENNAN: I'd like to move this into evidence.
JUDGE CANNONE: Okay. Any objection, Mr. Jackson?
MR. JACKSON: No, Your Honor.
(Whereupon Exhibit No. 104, Photograph, was marked as an exhibit.)
MR. BRENNAN: If I may correct the record, the Ring video Exhibits are from 12A not Exhibit 6.
JUDGE CANNONE: Okay.
MR. BRENNAN: At some point later that afternoon you shared -- or midafternoon you went to Dighton, but before that, did you review any other evidence of the damage to the taillight before you and Mr. Proctor even got to the Dighton address?
MR. BUKHENIK: Yes.
MR. BRENNAN: Could I have Exhibit 10, please? Did you have a chance to view still photos from the wellness check that was conducted by the Canton Police Department and videos on the dash cam?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you review this photograph?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: And can we show a close-up on Exhibit 11. Did you have a chance to view the dash cam from this footage at 8:26:31 a.m. relative to the damage to that right rear taillight?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: You shared with us -- you can take that down, please. You shared with us that after this time, somewhere around 3:15, you went to Dighton?
MR. BUKHENIK: Yes.
MR. BRENNAN: And you shared your observations when you got out of your truck and walked towards the car?
MR. BUKHENIK: Yes.
MR. BRENNAN: Is there any difference between the damages that you've seen in the video to the photograph from what you saw that morning?
MR. BUKHENIK: The only difference is the amount of snow that's impacted on the vehicle. The damage is consistent. The large red lens is missing in every single piece of -- every single image that I saw.
MR. BRENNAN: You mentioned that there was a tow of that car in Dighton that you were there for?
MR. BUKHENIK: Yes.
MR. BRENNAN: Were you aware that video footage was provided to us on that tow?
MR. BUKHENIK: I was made aware, yes.
MR. BRENNAN: I'd like to enter into evidence a video from alarm.com.
JUDGE CANNONE: Okay.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Thank you.
(Whereupon Exhibit No. 105, Video from Alarm.com, was marked as an exhibit.)
MR. BRENNAN: Did you view the video that was provided to us relative to the right rear taillight?
MR. BUKHENIK: From alarm.com?
MR. BRENNAN: Yes.
MR. BUKHENIK: Yes.
MR. BRENNAN: With The Court's permission, I'd like to play that for the jury.
JUDGE CANNONE: Okay.
MR. BRENNAN: May I have a moment, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: This is video one, Your Honor.
JUDGE CANNONE: Okay.
(Video played.)
MR. BRENNAN: Could you play video two, please?
(Video played.)
MR. BRENNAN: Could you stop, please?
MR. BRENNAN: Do you notice anything about the color of the right rear taillight?
MR. BUKHENIK: Yes, it was white.
MR. BRENNAN: Could you continue, please?
(Video played.)
MR. BRENNAN: Thank you. Thank you. You can put the lights back on, please.
MR. BRENNAN: Sir, did you have an opportunity to review video from CF McCarthy's on the evening of January 28, 2022?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you have an opportunity to review videos from the Waterfall bar on January 28, 2002?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: That was taking us into January 29, 2022?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you review all the entire relevant time periods?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: When you reviewed those videos, were there a number of different things you were looking for?
MR. BUKHENIK: Yes, there was.
MR. BRENNAN: Can you share with the jury what you were looking for?
MR. BUKHENIK: We were looking for consistency in statements that were already received through interviews. We were looking for description of clothing individuals were wearing at the bar at those locations. We were looking for any evidence of aggressive behavior, any sort of information we could learn to help us with the investigation. We were also looking to see and document how much alcohol consumption was on the recordings.
MR. BRENNAN: When you went through the video, did you happen to have an opportunity to copy and clip portions of relevant time frames regarding intoxicating -- alcohol ingestion?
MR. BUKHENIK: Yes.
MR. BRENNAN: Did you put all those videos together in sequence to show through the course of the night times when you could identify alcohol ingestion?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you put that into a video format for a presentation?
MR. BUKHENIK: Yes, we did.
MR. BRENNAN: Your Honor, the presentation may take a few minutes.
JUDGE CANNONE: All right. Why don't I see counsel at sidebar for just a second, please. Jurors, feel free to stand up and stretch.
(Sidebar commences:
MR. BRENNAN: I'm sorry. When I saw the clock, I thought it said 12:59, not 12:39. I was at a bad angle.
JUDGE CANNONE: That's okay. So how much longer do you have do you think?
MR. BRENNAN: I'm going to show this presentation and then I'll be done, and I think he can get through it probably in 15 minutes, 20 minutes.
JUDGE CANNONE: How long do you think -- do you think? Will it get you to the end of the day or --
MR. JACKSON: I think it's going to be probably pretty close.
MR. BRENNAN: Yeah.
MR. JACKSON: At least a couple of hours.
JUDGE CANNONE: All right. Before we break, I do have to break at 4:00 today.
MR. BRENNAN: We do.
JUDGE CANNONE: Before we break, we have to figure out about the child testifying tomorrow. If it's a good place to break without putting anyone on. Is the nephew or niece?
MS. MCLAUGHLIN: Niece.
JUDGE CANNONE: Okay. If we can figure it out. I issued an order today consistent with last year's order about the media.
MR. BRENNAN: Thank you very much.
JUDGE CANNONE: All right. So we'll figure that out at some point.
MS. MCLAUGHLIN: Your Honor, may we release the witnesses that we have here after -- that we're --
JUDGE CANNONE: There's no way you're going to be just an hour, right?
MR. JACKSON: No, and I think, honestly, I'm going to go into tomorrow.
JUDGE CANNONE: All right. Yes. That's why I wanted to know this before we broke for lunch.
MS. MCLAUGHLIN: Thank you.
JUDGE CANNONE: All right. So go ahead and do this. If we have to go over -- past 1:00 --
MR. BRENNAN: Okay.
JUDGE CANNONE: -- for you to finish.
end of sidebar.)
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Sir, I'm handing you a CD. Do you recognize that?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: And what is it?
MR. BUKHENIK: It is the PowerPoint presentation of the timeline from CF McCarthy's and Waterfall from January 28, 2022.
MR. BRENNAN: I'd move this into evidence as an exhibit.
JUDGE CANNONE: Mr. Jackson, there's no objection.
MR. JACKSON: There's no objection, Your Honor. I apologize.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 106, CD, was marked as an exhibit.)
MR. BRENNAN: Sir, handing you four photographs. Do you recognize what they are?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What are they?
MR. BUKHENIK: They're still frames from CF McCarthy's on January 28, 2022, at 9:26:01 as time stamped on the footage cam.
MR. BRENNAN: Are there four photographs?
MR. BUKHENIK: There are.
MR. BRENNAN: Your Honor, I'd move these four photographs into evidence.
JUDGE CANNONE: Okay.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Thank you. As one exhibit, again, with the letters please.
(Whereupon Exhibit No. 107A, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 107B, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 107C, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 107D, Photograph, was marked as an exhibit.)
MR. BRENNAN: Sir, I'm showing you four more photographs. Can you take a look, and do you recognize those photographs?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: And what are they?
MR. BUKHENIK: They're still shot photos of the Waterfall surveillance footage from the night of 28th into the morning of 29th.
MR. BRENNAN: Your Honor, I'd move these four photographs into evidence.
MR. JACKSON: No objection, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon Exhibit No. 108A, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 108B, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 108C, Photograph, was marked as an exhibit.)
(Whereupon Exhibit No. 108D, Photograph, was marked as an exhibit.)
MR. BRENNAN: Thank you. Your Honor, can I proceed with the PowerPoint presentation.
JUDGE CANNONE: Yes.
MR. BRENNAN: Trooper, I may stop you at a couple of points.
MR. BUKHENIK: Yes, sir.
MR. BRENNAN: Could you explain to us what this is?
MR. BUKHENIK: Yes, from left to right it is chronological events that took place at CF McCarthy's. This is surveillance video from one of their cameras within the bar. It should be noted that video is time stamped 12 minutes behind actual time. So when it says 9:03 -- when it is 9:03, the frame will be time stamped 2051, which is 8:51. So that's the time discrepancy which is consistent throughout the surveillance footage.
MR. BRENNAN: So the times that is displayed with those arrows, is that the accurate time?
MR. BUKHENIK: The arrows are the accurate time and the time stamp 12 minutes behind actual time.
MR. BRENNAN: In these videos, are you identifying drinks that were received and drink -- and had been consumed by the defendant?
MR. BUKHENIK: Yes. So the first video, as it is labeled, it's the defendant arriving. The next one will be the ordering of the drink and receiving the actual cocktail.
MR. BRENNAN: Okay. Let's start at the first video at 9:02, please.
(Video played.)
MR. BRENNAN: Can you stop it there? Do you recognize who's in that video?
MR. BUKHENIK: Yes.
MR. BRENNAN: From left to right of people that you recognize and identify clothing they might be wearing?
MR. BUKHENIK: From left to right, it'll be Mr. John O'Keefe wearing the gray sweatshirt that was displayed earlier, and then the defendant who he is trying to embrace with one arm there. I do not know who the other individuals are in the shot.
MR. BRENNAN: Thank you. Could you continue, please.
(Video played.)
MR. BRENNAN: If we could proceed to 9:10 p.m.
(Video played.)
MR. BRENNAN: What did that show, sir?
MR. BUKHENIK: It showed the defendant receiving her first tall vase cylindrical style cocktail glass with a lime in it and a straw to go along with it.
MR. BRENNAN: Nine twenty-seven, please.
(Video played.)
MR. BRENNAN: And what was depicted in that video that you saw?
MR. BUKHENIK: In that video, we see the defendant get handed her second cylindrical tall style cocktail glass while she finished the first one and then picked up the second one.
MR. BRENNAN: When you've made a relevant observation in the video, please interject and stop so you can point out for us what you've seen. A Absolutely, sir.
MR. BRENNAN: Next please, 9:32.
(Video played.)
MR. BUKHENIK: Here the defendant is handed a shot --
MR. BRENNAN: Stop, please.
(Video played.)
MR. BUKHENIK: Right there.
MR. BRENNAN: I think we'll just have to play it, and you'll have to speak as you're watching it. Okay.
MR. BRENNAN: Sorry, Ms. Gilman.
(Video played.)
MR. BUKHENIK: She's handed a shot by the bartender on the left side of the screen. She picks it up and puts it into her second cocktail glass making a third beverage of alcohol content that she's consuming. So right there we had -- we observed Mr. O'Keefe retrieve his phone from his rear left jean pocket, and he put it back. Now, the defendant picks up her second cocktail glass with the added shot in it and consumes it.
MR. BRENNAN: Could we proceed to the next video, please. It is now 9:45 p.m.?
MR. BUKHENIK: Yes, sir. So the bartender hands over another cocktail glass and some beers. The shot goes into the empty one after it's poured into the new cocktail glass, so that's drink number four.
MR. BRENNAN: Does it also depict Mr. O'Keefe putting his cell phone in his back pocket again?
MR. BUKHENIK: Yes.
MR. BRENNAN: By 9:45, how many drinks had been served to the defendant?
MR. BUKHENIK: Four drinks.
MR. BRENNAN: Four drinks between 9:10 and 9:45?
MR. BUKHENIK: That's correct, in thirty-five minutes, four drinks.
MR. BRENNAN: Could we proceed to the next screen, please, 10:09 p.m.
(Video played.)
MR. BUKHENIK: Here the defendant speaks with the bartender and gestures that she wants a shot.
MR. JACKSON: Objection.
JUDGE CANNONE: The objection is sustained.
MR. JACKSON: Move to strike.
JUDGE CANNONE: I'll strike that.
MR. BRENNAN: Is Mr. O'Keefe on his cell phone again?
MR. BUKHENIK: Yes, he is. And he puts it in his back pocket. The defendant is showing Mr. O'Keefe the middle finger and then puts the beverages on the bar.
MR. BRENNAN: May I proceed, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: What is the drink count at that point?
MR. BUKHENIK: At that point, it's four drinks.
MR. BRENNAN: Can we have the next?
(Video played.)
MR. BUKHENIK: Mr. O'Keefe brings over a couple of beverages. The defendant retrieves the cocktail glass. A shot glass is picked up by one of the patrons and the defendant retrieves it from him and places it back on the bar. The defendant is consuming the beverage in her hand, places it on the bar.
MR. BRENNAN: What time are we at now?
MR. BUKHENIK: That was 10:34. So we are moving to 10:37.
MR. BRENNAN: What is the drink count at 10:34?
MR. BUKHENIK: That is five drinks at that point.
MR. BRENNAN: Could you play 10:37, please.
MR. BUKHENIK: The bartender makes four shots, top left corner. She's seen preparing the four shot glasses. Two are on the bar top now. She retrieves two more.
MR. BRENNAN: Ten forty-one, please.
(Video played.)
MR. BUKHENIK: Here are the four shot glasses already distributed. Pours it into her drink. She does not consume it from the shot glass. MR. JACKSON: Your Honor, I'm going to object to the last comment.
JUDGE CANNONE: Okay. I'll strike that.
MR. BRENNAN: Next video, please.
(Video played.)
MR. BRENNAN: Now, as Mr. O'Keefe and the defendant are getting ready to leave, the defendant is holding the drink in her left hand, continues to sip on it, and the two walk out of the bar without the beverage in their hand being deposited anywhere.
MR. BRENNAN: At 10:53, how many drinks had been served to the defendant at this point?
MR. BUKHENIK: Seven.
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: I'm going to sustain the objection.
MR. JACKSON: Move to strike.
JUDGE CANNONE: I'll strike that.
MR. BRENNAN: Next slide.
JUDGE CANNONE: So I'm going to actually see counsel at sidebar, please, on this.
(Sidebar commences:
JUDGE CANNONE: It's ten past one. I have to give the jurors a break.
MR. BRENNAN: I'm sorry. I thought it was quicker. I didn't realize --
JUDGE CANNONE: That's okay. So why don't we come back at two o'clock. And we're still fine with the Commonwealth excusing any witnesses --
MR. JACKSON: Yes, for sure. For sure.
JUDGE CANNONE: Okay.
end of sidebar.)
JUDGE CANNONE: All right. Jurors, this seems like a good place to stop for the luncheon break. It's ten past one. We'll see you at 2 o'clock, and, Trooper, if you could just follow out after the jurors leave.
(Court in session at 2:10 p.m.)
(Court in session at 2:10 p.m.)
(Defendant is present with counsel.)
(Jury in.)
JUDGE CANNONE: All right. Mr. Brennan, whenever you're ready.
MR. BRENNAN: Thank you. Ms. Gilman, if you could take us to 10:54, and before we begin, Trooper Bukhenik is this a different location than all the video we've seen before? A Yes, this is the Waterfall bar/grill surveillance footage from inside the lounge area and for reference purposes, this is -- at this location, the timestamp is accurate to real-time.
MR. BRENNAN: Ms. Gilman, if you could begin at 10:54, please. A Here we see the defendant and Mr. O'Keefe walk into the bar and see their friends and engage in hugs and greetings.
MR. BRENNAN: We'll let the Waterfall bar video just play.
MR. BUKHENIK: I'm sorry, sir?
MR. BRENNAN: We'll let the Waterfall video bar just play. We'll just let it play, sir.
(Video played.)
MR. BRENNAN: Eleven forty-six, please.
(Video played.)
MR. BRENNAN: Twelve oh-six, please.
(Video played.)
MR. BRENNAN: Twelve oh-seven.
(Video played.)
MR. BRENNAN: Twelve-ten, please.
(Video played.)
MR. BRENNAN: Did you see the last person walk out the door on that video clip?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you identify who that is?
MR. BUKHENIK: Yes, it's Mr. John O'Keefe. He's wearing the two-tone gray sweatshirt with the sleeves pulled up towards the elbows.
MR. BRENNAN: Is that the same clothing that you found at Good Samaritan Hospital when you went to visit?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: The baseball hat, did you have an opportunity to look at the hat he was wearing?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Is that consistent with the hat that you and the group found on February 3, 2010?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: And the pants?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Showing you Exhibit 108C. This is already introduced into evidence. When you studied that photo, did you notice anything in Mr. O'Keefe's hand?
MR. BUKHENIK: Yes, in his right hand he's holding a short style cocktail glass with a black drinking straw protruding from it as it is back dropped on the snow on the hood of the car and it's parked outside.
MR. BRENNAN: Can you show 108C, please?
MR. BRENNAN: Ms. Gilman, could you focus as best as you can on the drink.
MR. BRENNAN: Is that the photo you looked at?
MR. BUKHENIK: Yes, it is.
MR. BRENNAN: Can you point out or explain where you see the drinking straw?
MR. BUKHENIK: Absolutely. Right there (indicating) to the right of the red indicator, you can see the straw protruding out of the glass Mr. O'Keefe is holding in his right hand.
MR. BRENNAN: Thank you.
MR. BRENNAN: You can take that down, Ms. Gilman.
MR. JACKSON: Your Honor, I'm going to object.
JUDGE CANNONE: I'm going to allow it.
MR. BRENNAN: Can you take that down, Ms. Gilman. Thank you.
MR. BRENNAN: One last matter, Trooper Bukhenik. In 2024, did you obtain Ring video for that time period in 2024 from Mr. O'Keefe's home?
MR. BUKHENIK: Yes, I did.
MR. BRENNAN: Did you provide that Ring video to a person who works for a company by the name of Aperture?
MR. BUKHENIK: Yes, we do.
MR. BRENNAN: Just very basically, do you know what Aperture does?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What do they do?
MR. BUKHENIK: They assist in a scientific fashion to reconstruct tests and evaluate, analyze vehicle involved crashes and deaths.
MR. BRENNAN: Is Aperture part of the Massachusetts State Police team?
MR. BUKHENIK: They are not.
MR. BRENNAN: Are they a private company?
MR. BUKHENIK: Yes, they are.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Handing an item to you, do you recognize it?
MR. BUKHENIK: Yes, I do.
MR. BRENNAN: What is it?
MR. BUKHENIK: It's Ring video from 2022.
MR. BRENNAN: For what location?
MR. BUKHENIK: Meadows.
MR. BRENNAN: Thank you. I'd move this into evidence.
MR. JACKSON: No objection, Your Honor.
(Whereupon Exhibit No. 109, Ring Video, was marked as an exhibit.)
MR. BRENNAN: I have no further questions.
JUDGE CANNONE: Whenever you're ready, Mr. Jackson.
MR. BRENNAN: Thank you, Your Honor.