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Day 13 - May 9, 2025

Bukhenik Cross Examines Fragment Recovery, Texts, And Investigation

2Proceedings
1Pages
1Witnesses
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9 sidebars
Day 13 of 36
Appearing:

Bukhenik's cross-examination addressed fragment recovery records, investigative steps, text messages, and video footage.

Full day summary

Defense counsel Alan Jackson continued cross-examining Sgt. Yuri Bukhenik about the recovery and handling of fragments at 34 Fairview Road, including the lack of photographs or GPS records for individual recovery locations. The questioning also addressed evidence-bag handling, crime-lab records, texts involving Karen Read and Brian Higgins, and investigative steps concerning phones and witness interviews. The judge admitted the text-message exhibit with instructions that jurors must first find the communications authentic and may consider them only as information provided to police, not for their truth. Bukhenik also described video footage involving Brian Higgins and Brian Albert and testified that a Ring-video clip appeared to show slow-speed contact between the Lexus and a Chevy Traverse.

Yuri Bukhenik - Cross

Bukhenik testified that the exact locations of items recovered on February 10 were not documented by photograph or GPS coordinates and were described as within a general area near the flagpole.

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Yuri Bukhenik - Cross

After considering the parties' arguments, the judge allowed the text-message exhibit with instructions requiring the jury first to find authorship more likely than not and limiting the messages to their provision to police, not their truth.

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Yuri Bukhenik - Cross (Continued)

Bukhenik testified that investigators did not seek Brian Albert's phone or Brian Higgins's actual phone, and said he did not learn of the 2:22 a.m. call during the investigation.

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Yuri Bukhenik - Cross (Continued)

While reviewing the One Meadows Ring video, Bukhenik testified that the Lexus and Chevy Traverse appeared to have contacted at a slow speed, with the Lexus's right rear area contacting the Traverse.

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Yuri Bukhenik
“The exact location where each item was recovered from was not documented with a picture or GPS location.”
Bukhenik acknowledged that the individual recovery locations were not recorded by photograph or GPS.
Yuri Bukhenik
“We did not try to get Brian Albert's phone for any reason whatsoever.”
Bukhenik directly described the investigation's decision not to seek Brian Albert's phone.
Video thumbnail for Day 13 — Bukhenik (Cross) 7h 21m
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1. Yuri Bukhenik — Cross (Part 2)

Alan Jackson continued cross-examining Sgt. Yuri Bukhenik about evidence collection, investigative records, electronic communications, and video evidence, while the court admitted Exhibit 115 with a limiting instruction.

Cross
Yuri Bukhenik Alan Jackson
980 lines

Defense counsel Alan Jackson cross-examined Sgt. Yuri Bukhenik about the February 10 recovery of plastic and glass fragments at 34 Fairview Road. Bukhenik said the exact locations of individual items were not photographed or GPS-recorded, and he could not identify who completed the evidence bag or who received it after he turned it over. The questioning also addressed crime-lab records, later photographs of taillight-plastic items attributed to Michael Proctor, and Bukhenik's review of messages supplied by Brian Higgins. After extended sidebars, the court admitted Exhibit 115 and instructed jurors that they must first find the electronic communications authentic and may consider them only as information provided to police, not for the truth of their contents.

4 sidebars inside this proceeding
  1. Fairview Handwriting Comparison Counsel disputed whether the witness could compare handwriting on the word “Fairview”; the court directed a redacted exhibit for the jury’s comparison instead of witness opinion testimony.
  2. Higgins Text Message Inquiry Counsel debated questioning about Brian Higgins text messages and investigative follow-up; the court required review of the identified materials and allowed a Bowden inquiry subject to the witness's answers.
  3. Text Messages and Authentication Counsel disputed authentication and use of text messages during cross-examination; the court admitted the material with authentication and non-hearsay limiting instructions tied to the officer's knowledge.
  4. Electronic Text Display Setup The court and counsel arranged electronic display of a document so jurors could follow it, with agreement that the witness need not read punctuation or emojis aloud.
Cross
Yuri Bukhenik Alan Jackson
1034 lines

Defense counsel Alan Jackson continued cross-examining Sgt. Yuri Bukhenik about texts involving Karen Read, Brian Higgins, and John O'Keefe. Bukhenik said he had no evidence that O'Keefe saw the messages and testified that investigators did not seek Brian Albert's phone or Brian Higgins's actual phone. After the court limited questioning about a 2:22 a.m. call, the defense questioned Bukhenik about other investigative steps, the Waterfall video, and a Ring-video clip involving the Lexus and a Chevy Traverse. Bukhenik identified Higgins and Albert in the Waterfall footage and described their interaction as roughhousing; he later testified that the Ring video appeared to show a slow-speed contact between the Lexus and Traverse. The cross-examination also addressed Chloe's later ownership, veterinary records, delayed reports, and the timing of interviews with Ricky D'Antuono and Heather Maxon. The court sustained or limited several questions and preserved the defense's rights on excluded lines of inquiry.

5 sidebars inside this proceeding
  1. Call Log Questioning Limits Counsel disputed questioning about calls between two phones and later explanations; the court limited this witness's testimony to documented call details and when the information was learned.
  2. Phone Destruction Questioning After an objection to questioning about phone destruction, the court found the foundation lacking and prohibited that line of inquiry through this witness at that time.
  3. Dog Rehoming Inquiry Counsel disputed how to ask about the family's dog and the witness's investigation; the court permitted questions about whether and when the witness learned the dog had been gotten rid of.
  4. D'Antuono Statement Impeachment Counsel disputed whether a report could be used to impeach the witness about when vehicles arrived; after clarifying the prior question and answer, the court permitted the impeachment.
  5. Witness and Trial Scheduling The court discussed the remaining cross-examination, expected witnesses, and trial timing, excused Dr. Welcher from the following Friday, and scheduled a 10:00 a.m. Monday start.
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