Yuri Bukhenik - Redirect

26 4:57:45

MR. BRENNAN: I'd like to introduce a copy of that. Is it 122?

27 4:57:51

28 4:57:52

MR. BRENNAN: When you provided the video for January 29, 2022, for that inverted video, did you do any further investigation to see if it was an anomaly that that happened just on that date or whether that was historically the way the video appeared?

29 4:58:15

MR. BUKHENIK: I looked into that matter. It produced the fact that it had been recording that way prior to January 29th.

30 4:58:26

MR. BRENNAN: Why did you want to historically go back and see if it was historically the same way?

31 4:58:34

MR. BUKHENIK: To show that it had not been manipulated or altered in any way, and it was accurately recording what was taking place on January 29th, 2022.

32 4:58:47

MR. BRENNAN: As part of the investigation, was the video taken from January 1st, 2022?

33 4:58:54

34 4:58:54

MR. BRENNAN: And is that before January 29th, 2022?

35 4:58:58

MR. BUKHENIK: Yes, it is.

36 4:58:59

MR. BRENNAN: I'd like to approach and move to introduce this.

37 4:59:04

38 4:59:04

COURT CLERK: 123.

39 4:59:05

MR. BRENNAN: Do you know how many cameras are inside the Sallyport?

40 4:59:10

MR. BUKHENIK: I don't know exactly. I know that there's at the very least two inside the Sallyport.

41 4:59:18

MR. BRENNAN: You were shown a still photograph not from the inverted video but from a different video or a different camera.

42 4:59:28

MR. BUKHENIK: Yes, sir.

43 4:59:28

MR. BRENNAN: Do you remember that photograph?

44 4:59:31

MR. BUKHENIK: I do.

45 4:59:32

MR. BRENNAN: And you were asked about gaps in time.

46 4:59:36

MR. BUKHENIK: Mhm.

47 4:59:36

MR. BRENNAN: Do you know what the health was of that camera around that time?

48 4:59:42

MR. BUKHENIK: I do not know.

49 4:59:44

MR. BRENNAN: Did you obtain and look at video from that camera?

50 4:59:49

51 4:59:49

MR. BRENNAN: May I approach?

52 4:59:51

53 4:59:51

MR. BRENNAN: I'd like to introduce and have you look at this. Do you recognize what that is?

54 4:59:59

MR. BUKHENIK: Yes, I do.

55 5:00:00

MR. BRENNAN: And what is it?

56 5:00:02

MR. BUKHENIK: It's a Sallyport video — the original — a thumb drive. I apologize. [unintelligible]

57 5:00:09

MR. JACKSON: No objection.

58 5:00:10

59 5:00:10

COURT CLERK: 124.

60 5:00:10

MR. BRENNAN: When you saw that dark photograph, you — later saw a picture that was clearer and you were asked questions about that. Do you know whether or not the video from that Sallyport area was clarified?

61 5:00:28

MR. BUKHENIK: It was — what does "clarified" mean?

62 5:00:35

MR. BRENNAN: It means it was enhanced to look clearer. And that image you saw, was that a clarified photograph taken from the video that was not clarified?

63 5:01:04

MR. BUKHENIK: It appears that way. Yes.

64 5:01:10

MR. BRENNAN: Do you know who clarified the video?

65 5:01:18

MR. BUKHENIK: I do not know.

66 5:01:22

MR. BRENNAN: May I approach?

67 5:01:25

68 5:01:27

MR. BRENNAN: Getting you a zip drive. Do you know what is on that?

69 5:01:40

70 5:01:41

MR. BRENNAN: What is it?

71 5:01:44

MR. BUKHENIK: It's Sallyport clarified video from the front wall.

72 5:01:53

MR. BRENNAN: Thank you. I move to introduce this.

73 5:02:01

MR. JACKSON: No — — objection.

74 5:02:06

JUDGE CANNONE: 125.

75 5:02:06

MR. BRENNAN: With the court's permission, could I play a portion of the clarified video for the jury?

76 5:02:22

77 5:02:23

MR. BRENNAN: With Miss Gilman's assistance, could you take us to the clarified video of the Sallyport? And could you take us to about 5:35? As Miss Gilman searches, I have other questions I can proceed with.

78 5:02:57

JUDGE CANNONE: Okay, we'll turn the light on again. Please go ahead.

79 5:03:06

MR. BRENNAN: Thank you. Did you obtain video of outside the Sallyport to show what time the tow truck arrived with the defendant's Lexus?

80 5:03:28

MR. BUKHENIK: Yes, I did.

81 5:03:30

MR. BRENNAN: May I approach?

82 5:03:33

83 5:03:34

MR. BRENNAN: Do you recognize this?

84 5:03:38

MR. BUKHENIK: Yes, I do.

85 5:03:41

MR. BRENNAN: And what is it?

86 5:03:45

MR. BUKHENIK: It's a disc containing CPD exterior Sallyport — — port video.

87 5:03:56

MR. BRENNAN: I move to introduce this, please.

88 5:04:00

MR. JACKSON: No objection.

89 5:04:01

JUDGE CANNONE: 126.

90 5:04:02

MR. BRENNAN: Similarly, did you obtain video from the front driveway of the Canton Police Department depicting the arrival of the defendant's Lexus?

91 5:04:16

92 5:04:17

MR. BRENNAN: May I approach again, your honor?

93 5:04:21

94 5:04:21

MR. BRENNAN: Thank you. And handing you another item. Do you recognize this, sir?

95 5:04:29

MR. BUKHENIK: Yes, I do.

96 5:04:31

MR. BRENNAN: What is it?

97 5:04:33

MR. BUKHENIK: It's a Canton PD driveway video.

98 5:04:38

MR. BRENNAN: And is this a copy of the video you obtained?

99 5:04:44

MR. BUKHENIK: Yes, it is.

100 5:04:46

MR. BRENNAN: I move this into evidence.

101 5:04:50

MR. JACKSON: No objection.

102 5:04:51

JUDGE CANNONE: 127.

103 5:04:52

MR. BRENNAN: Do you recall when you arrived with the defendant's Lexus on January 29, 2022, what time you reached the Sallyport?

104 5:05:05

MR. BUKHENIK: To the best of my recollection, it was 5:35 p.m. is when the vehicle was put into — — the Sallyport.

105 5:05:20

MR. BRENNAN: When you left Dighton after the tow truck lifted the defendant's Lexus and put it on the tow truck, did you follow the tow truck back to Canton?

106 5:05:31

MR. BUKHENIK: Yes, I did.

107 5:05:32

MR. BRENNAN: Did the tow truck stop at any point between Dighton and the Canton Police Department?

108 5:05:38

MR. BUKHENIK: Other than red traffic lights, no.

109 5:05:40

MR. BRENNAN: When you were following, how were you following the tow truck?

110 5:05:45

MR. BUKHENIK: I was keeping a safe distance, always keeping line of sight behind the vehicle. I was following it from the Dighton residence all the way to Canton PD.

111 5:05:56

MR. BRENNAN: Was Michael Proctor with you in your truck?

112 5:05:59

MR. BUKHENIK: Yes, he was.

113 5:06:00

MR. BRENNAN: Did you take any detours on your trip back to the — — Canton Police Department?

114 5:06:07

MR. BUKHENIK: No, we followed the truck driver. He led the way.

115 5:06:10

MR. BRENNAN: At any point did you take any turns to Fairview Road?

116 5:06:14

117 5:06:14

MR. BRENNAN: Did you know whether or not there was a search team at Fairview Road searching while you were driving back to the Canton Police Department?

118 5:06:23

MR. BUKHENIK: I knew one was dispatched. Yes.

119 5:06:26

MR. BRENNAN: Did you go to Fairview Road to speak to any of the search team members?

120 5:06:31

121 5:06:31

MR. BRENNAN: Did you watch the search team members conduct their search?

122 5:06:35

MR. BUKHENIK: No, I did not.

123 5:06:36

MR. BRENNAN: In any way, did you at any point during that search see it happening?

124 5:06:42

MR. BUKHENIK: No, I did not. No.

125 5:06:43

MR. BRENNAN: When the search team members were there, do you remember that they arrived at 4:54 and 4:56?

126 5:06:50

MR. BUKHENIK: I don't have a specific memory, but I know that they arrived sometime between that hour.

127 5:06:55

MR. BRENNAN: When you arrived at the Sallyport at the Canton Police Department with the defendant's Lexus, what was your understanding of where the search team was?

128 5:07:05

MR. BUKHENIK: My understanding was they were at 34 Fairview Road.

129 5:07:08

MR. BRENNAN: When you first arrived around 5:37 at the Canton Police Department, were any members of the CERT team at the Canton Police Department?

130 5:07:17

MR. JACKSON: Objection.

131 5:07:17

JUDGE CANNONE: I'll allow it. Lay your foundation.

132 5:07:19

MR. BRENNAN: Now, I asked you — do you remember about what time you got back to the Canton Police Department? Do you know specifically what time you got back?

133 5:07:30

MR. BUKHENIK: I — — know we pulled in to the driveway at 5:30 p.m.

134 5:07:35

MR. BRENNAN: And did you see some of the timestamps that you were shown on cross-examination?

135 5:07:40

136 5:07:41

MR. BRENNAN: Did you see the timestamp 5:37:18 when it was shown to you by the defense?

137 5:07:47

138 5:07:47

MR. BRENNAN: At that time when you were arriving and bringing the defendant's Lexus into the Sallyport, were there any search team members at the Canton Police Department?

139 5:07:58

140 5:07:58

MR. BRENNAN: Were there any troopers who were speaking to you or receiving items or evidence from you or Trooper Proctor?

141 5:08:06

MR. BUKHENIK: Absolutely not.

142 5:08:07

MR. BRENNAN: Were there any items exchanged between you and or Trooper Proctor and anybody else for that matter that you saw?

143 5:08:15

144 5:08:16

MR. BRENNAN: — while you were at the Canton Police Department in the Sallyport area. Do you remember how long you stayed in that area?

145 5:08:24

MR. BUKHENIK: Approximately 15 to 20 minutes.

146 5:08:26

MR. BRENNAN: And so you were asked when the first items were found at Fairview Road. Do you remember that it was around 5:45?

147 5:08:34

148 5:08:34

MR. BRENNAN: So at the time those items were first found at Fairview Road, where were you and Michael Proctor?

149 5:08:41

MR. BUKHENIK: At the Canton Police Department.

150 5:08:43

MR. BRENNAN: When you were at the Canton Police Department and you had brought the Lexus back, did you ever see Michael Proctor leave the Canton Police Department without you?

151 5:08:53

152 5:08:54

MR. BRENNAN: You ever see him hop in a car and take a drive?

153 5:08:58

154 5:08:59

MR. BRENNAN: A 3-minute drive or a 4-minute drive?

155 5:09:01

156 5:09:02

MR. BRENNAN: Did you ever see him leave for a 6-minute, 7-minute trip?

157 5:09:06

MR. JACKSON: Objection.

158 5:09:07

JUDGE CANNONE: You've made your point. Next question.

159 5:09:09

MR. BRENNAN: When you were at the Canton Police Department, were you separate or with Michael Proctor?

160 5:09:15

MR. BUKHENIK: We were together. Not obviously tied at the hip, but we were within eyesight, traveling together.

161 5:09:22

MR. BRENNAN: After you left the Sallyport area, did you and Michael Proctor immediately leave the Canton Police Department?

162 5:09:29

MR. BUKHENIK: No, we stuck around.

163 5:09:30

MR. BRENNAN: Why did you stick around at the Canton Police Department?

164 5:09:34

MR. BUKHENIK: To make sure that evidence was properly being protected with yellow tape around it. And we were making — — plans to go get dinner.

165 5:09:45

MR. BRENNAN: When you were making plans, did you go anywhere else in the police department after you left the Sallyport area?

166 5:09:52

MR. BUKHENIK: Yes, I believe we went to the conference room.

167 5:09:56

MR. BRENNAN: Was there anybody else that you saw in the police department when you went to the conference room with Mr. Proctor?

168 5:10:04

MR. BUKHENIK: I remember talking to Chief Berkowitz in the police department. We were in the dispatch area at one point in time as well. So there were multiple people that observed us there.

169 5:10:16

MR. BRENNAN: At any point did you give any items to Chief Berkowitz?

170 5:10:20

171 5:10:20

MR. BRENNAN: At any point did you ever see Michael Proctor hand or give an item to Chief Berkowitz?

172 5:10:27

MR. BUKHENIK: Absolutely not.

173 5:10:28

MR. BRENNAN: You said Michael Proctor had a folder with him.

174 5:10:31

175 5:10:32

MR. BRENNAN: Is that typical in an investigation?

176 5:10:34

177 5:10:34

MR. BRENNAN: Did you ever see him place a tail light or any item in that folder?

178 5:10:40

MR. BUKHENIK: No. That would be absurd.

179 5:10:42

MR. BRENNAN: Did you ever see him retrieve an item or tail light pieces and give it or sneak it over to Chief Berkowitz?

180 5:10:51

MR. JACKSON: Objection.

181 5:10:52

JUDGE CANNONE: Ask.

182 5:10:52

MR. BRENNAN: Did you ever see Michael Proctor hand any piece of tail light to Chief Berkowitz or any other officer for that matter?

183 5:11:01

184 5:11:01

MR. BRENNAN: The entire time you were there, did either you or Michael Proctor, from what you saw, provide any physical items to anybody else that was there?

185 5:11:12

MR. JACKSON: Objection.

186 5:11:12

JUDGE CANNONE: I'll allow them.

187 5:11:13

MR. BUKHENIK: No, we did — — not.

188 5:11:16

189 5:11:17

MR. BRENNAN: May I?

190 5:11:19

191 5:11:20

MR. BRENNAN: At any point from when you first arrived at the Canton Police Department with the defendant's Lexus to the point when you left to go to dinner or to get something to eat with Michael Proctor, did you ever provide any physical item to anybody at Canton Police Department?

192 5:12:17

MR. BUKHENIK: No. Other than dropping off the vehicle itself, we did not exchange anything.

193 5:12:32

MR. BRENNAN: Oh, don't say "we." I'm just asking for you. Now, I'm going to ask you — at any point when you got to the Canton Police Department until you left to go to eat with Michael Proctor, did you ever see him hand any physical item to any other person whatsoever?

194 5:13:32

MR. BUKHENIK: No, I did not.

195 5:13:37

MR. BRENNAN: After — — do you know about what time you and Michael Proctor left the Canton Police Department?

196 5:13:58

MR. BUKHENIK: I would have to estimate it to be around six, maybe. Well, after six.

197 5:14:04

MR. BRENNAN: And at the point you left, do you know how many of the items had been found by the search team at 34 Fairview Road at the time you left the Canton Police Department?

198 5:14:21

MR. JACKSON: Objection.

199 5:14:22

JUDGE CANNONE: Overruled.

200 5:14:22

MR. BUKHENIK: 16.

201 5:14:23

MR. BRENNAN: When you left with Michael Proctor, where did you go?

202 5:14:27

MR. BUKHENIK: I went to Norwood, Massachusetts.

203 5:14:30

MR. BRENNAN: Is that where you ate?

204 5:14:32

205 5:14:33

MR. BRENNAN: When you left and then arrived in Norwood, did you stop along the way at any other place, including but not limited to 34 Fairview Road?

206 5:14:46

MR. BUKHENIK: I did not.

207 5:14:47

MR. BRENNAN: Did you eat?

208 5:14:49

209 5:14:49

MR. BRENNAN: After you ate, where — — did you go?

210 5:14:54

MR. BUKHENIK: Back to Canton Police Department.

211 5:14:55

MR. BRENNAN: Why?

212 5:14:56

MR. BUKHENIK: We were having a debrief for that day on the investigation so that everybody could get a good understanding of what had been learned, what had been collected, and where the investigation stood, and to assign tasks on the next steps.

213 5:15:12

MR. BRENNAN: Who were you meeting at the Canton Police Department when you returned?

214 5:15:16

MR. BUKHENIK: It was Detective Lieutenant Tully, members of the Norfolk SPDU.

215 5:15:20

216 5:15:21

MR. BRENNAN: Do you know about what time you returned to the Canton Police Department?

217 5:15:26

MR. BUKHENIK: I want to say it was after 7:30, but I'm not positive.

218 5:15:30

MR. BRENNAN: When you left the place that you and Mr. — — Proctor ate at and returned to the Canton Police Department, did you take a swing by Fairview Road?

219 5:15:42

220 5:15:42

MR. BRENNAN: Did you stop anywhere from the point you left where you ate and came back to the Canton Police Department?

221 5:15:50

MR. BUKHENIK: No, sir.

222 5:15:51

MR. BRENNAN: When you came back to the Canton Police Department, did you get debriefed?

223 5:15:57

224 5:15:57

MR. BRENNAN: Did you learn whether or not the search team had found any physical items at Fairview Road?

225 5:16:04

MR. JACKSON: Objection.

226 5:16:05

JUDGE CANNONE: I'm going to allow that.

227 5:16:07

MR. BUKHENIK: Yes, I did.

228 5:16:08

MR. BRENNAN: Did they give you any details about what they had found at Fairview Road during the CERT team search?

229 5:16:16

MR. JACKSON: Objection.

230 5:16:17

JUDGE CANNONE: I'm going to allow that.

231 5:16:19

MR. BUKHENIK: I learned that —

232 5:16:20

MR. JACKSON: Objection.

233 5:16:21

JUDGE CANNONE: I'm going to allow this.

234 5:16:23

MR. BUKHENIK: I learned that the second sneaker was — located. Also, a large piece of red tail light was also located.

235 5:16:32

MR. BRENNAN: After you were debriefed, did you leave the Canton Police Department?

236 5:16:36

237 5:16:36

MR. BRENNAN: Who did you leave with, if anybody?

238 5:16:39

MR. BUKHENIK: Uh, it was myself, uh, Trooper Proctor, and, uh, Trooper Keith, I believe.

239 5:16:44

MR. BRENNAN: When you left the Canton Police Department, do you know what time that was?

240 5:16:49

MR. BUKHENIK: I do not, but I would have to estimate to be around 8:00, maybe 8:15.

241 5:16:55

MR. BRENNAN: Did you leave alone?

242 5:16:56

MR. BUKHENIK: I was in my truck. Yes.

243 5:16:59

MR. BRENNAN: Did you see where—

244 5:17:00

JUDGE CANNONE: What I'm going to do is just interrupt you for a minute, folks. A couple of minutes ago when Sergeant Bukhenik testified as to what he learned of the debriefing, that's not offered to you for the truth of what he said, but only so you understand what the police knowledge was — what he was told. Go ahead, Mr. Brennan.

245 5:17:24

MR. BRENNAN: Thank you. When you drove away, were you alone?

246 5:17:31

247 5:17:32

MR. BRENNAN: Okay. When the Lexus was brought to the Sallyport, did you have a chance to again look at that right rear tail light?

248 5:17:53

249 5:17:54

MR. BRENNAN: And did you make observations of it?

250 5:18:00

251 5:18:01

MR. BRENNAN: The right rear tail light — the right rear tail light. Try that one. The right rear tail light. While you were at the Canton Police Department and in the Sallyport area, did you ever see anybody take a piece or in any way remove part of that broken tail light from the Lexus?

252 5:18:49

MR. BUKHENIK: No, I did not.

253 5:18:57

MR. BRENNAN: If you had, what would you have done?

254 5:19:15

MR. JACKSON: Objection.

255 5:19:17

JUDGE CANNONE: Sustained.

256 5:19:20

MR. BRENNAN: I approach, Your Honor.

257 5:19:21

258 5:19:22

MR. BRENNAN: Show Mr. Jackson. Could I have exhibit 13 displayed, please? Okay. Could you zoom in a little, please, Miss Gilman? Do you recognize that photo?

259 5:19:34

MR. BUKHENIK: I do.

260 5:19:35

MR. BRENNAN: What do you recognize it as?

261 5:19:38

MR. BUKHENIK: I recognize it as the damaged and missing pieces of the right rear tail light on the defendant's Lexus SUV.

262 5:19:48

MR. BRENNAN: When the Lexus was brought into the Sallyport, was there still snow on it?

263 5:19:55

MR. BUKHENIK: Yes, there was.

264 5:19:57

MR. BRENNAN: Was there any snow on it that covered parts of the vehicle?

265 5:20:03

MR. BUKHENIK: Yes, there was.

266 5:20:04

MR. BRENNAN: Was there any snow in that area currently?

267 5:20:08

268 5:20:09

MR. BRENNAN: When you first brought it into the Sallyport?

269 5:20:13

MR. BUKHENIK: Uh, I'm sorry. In the area of the vehicle?

270 5:20:17

MR. BRENNAN: No. The area of that tail light?

271 5:20:21

MR. BUKHENIK: Yes, there was. Yes.

272 5:20:22

MR. BRENNAN: How close did you get to take a look at that?

273 5:20:26

MR. BUKHENIK: I was within a foot of it.

274 5:20:29

MR. BRENNAN: Is that a fair and accurate depiction of what you saw?

275 5:20:33

MR. BUKHENIK: Yes, it is.

276 5:20:34

MR. BRENNAN: From what you saw, was the damage you saw when you looked at the car for the first time in the Sallyport area any different than the damage that appears on this exhibit 13?

277 5:20:46

MR. BUKHENIK: It is not.

278 5:20:47

MR. BRENNAN: You can take that down, please. And lights on. Thank you. As part of your investigation, did you look for other evidence that the tail light was broken before it came into the Sallyport area?

279 5:21:00

MR. BUKHENIK: Yes, I did.

280 5:21:01

MR. BRENNAN: Did you have a chance to view the ring video from Meadows Road at 5:07 in the morning?

281 5:21:08

MR. BUKHENIK: Yes, I did.

282 5:21:09

MR. BRENNAN: And when you looked at that, did you have an opportunity to look at the defendant's Lexus backing up and then leaving that driveway?

283 5:21:17

MR. BUKHENIK: Yes, I did.

284 5:21:18

MR. BRENNAN: Did you have a chance to see if there was any evidence?

285 5:21:23

MR. BUKHENIK: Yes, I did.

286 5:21:24

MR. BRENNAN: And what did you see that stood out to you about the tail light?

287 5:21:29

MR. BUKHENIK: The tail light is shining white and not covered by a red tail light cover, which would have produced red light.

288 5:21:36

MR. BRENNAN: Did you further look at any video from the Canton Police Department dash cams to get a view of that tail light and determine whether it was broken before it was even brought to the Sallyport area?

289 5:21:50

MR. BUKHENIK: Yes, I did.

290 5:21:51

MR. BRENNAN: And did you in fact look at video or still photographs from the Canton Police Department dash cam?

291 5:21:58

MR. BUKHENIK: Yes, I did.

292 5:21:59

MR. BRENNAN: Could I have exhibit 11 displayed, please? And during your investigation, when you were making this analysis, did you view this photo?

293 5:22:11

MR. BUKHENIK: Yes, I did.

294 5:22:13

MR. BRENNAN: Did you make any particular observation — anything that caught your attention in this video?

295 5:22:21

MR. BUKHENIK: Yes. The right rear tail light of the Lexus SUV is missing the red lens cover and it is damaged.

296 5:22:32

MR. BRENNAN: You can take that down, please. You mentioned your observations when you got to Dighton about what you saw relative to the tail light. And then at some point video was provided of the

297 5:22:51

MR. BUKHENIK: tow.

298 5:22:51

MR. BRENNAN: Yes. Did you study that video as well?

299 5:22:54

MR. BUKHENIK: Yes, I did.

300 5:22:55

MR. BRENNAN: And did you see anything in particular when you were making these determinations that stood out about the video of the Lexus being put onto that tow truck relative to the tail light?

301 5:23:09

MR. BUKHENIK: Yes, the video indicated that there was white light coming through exposing the missing red right rear tail light cover.

302 5:23:17

MR. BRENNAN: You told us on direct examination you've watched a number of videos and interviews of the defendant.

303 5:23:24

304 5:23:25

MR. BRENNAN: Without getting into the content, did you watch any videos where the defendant talks about the broken tail light prior to the Sallyport?

305 5:23:34

MR. JACKSON: Objection, Your Honor. Not foremost.

306 5:23:36

JUDGE CANNONE: Sustained.

307 5:23:37

MR. BRENNAN: Did you listen to any interviews of the defendant relative to the tail light?

308 5:23:43

309 5:23:44

MR. BRENNAN: Now, I want to go back and I want you to take us through your investigation and I want to be specific about what you learned and when and what you did with that information relative to the decisions and the direction of your investigation when you were called on the morning of January 29th, 2022. When you first got a call, where were you?

310 5:24:14

MR. BUKHENIK: I was at home in bed.

311 5:24:17

MR. BRENNAN: You mentioned that after you received the call, you called another trooper at that time.

312 5:24:24

MR. BUKHENIK: Yes, sir.

313 5:24:25

MR. BRENNAN: And who was that?

314 5:24:27

MR. BUKHENIK: Michael Proctor.

315 5:24:28

MR. BRENNAN: After you spoke to Michael Proctor, did you have any firsthand knowledge about what had happened prior?

316 5:24:36

MR. BUKHENIK: No, I did not.

317 5:24:37

MR. BRENNAN: Did you have any firsthand knowledge about what had happened the night before?

318 5:24:41

MR. BUKHENIK: I did not. No.

319 5:24:42

MR. BRENNAN: Do you have any firsthand knowledge about the participants or the people that may or may not have been involved?

320 5:24:48

MR. BUKHENIK: I did not. No.

321 5:24:50

MR. BRENNAN: Did you at that point know or were you friendly with Brian Albert?

322 5:24:54

MR. BUKHENIK: I knew who he was. I was not friendly with him. I did not know who he was.

323 5:25:00

MR. BRENNAN: Had you ever socialized with him?

324 5:25:01

325 5:25:02

MR. BRENNAN: Nicole Albert?

326 5:25:02

327 5:25:03

MR. BRENNAN: Were you friendly or had you ever socialized with her?

328 5:25:06

MR. BUKHENIK: No, I have never.

329 5:25:07

MR. BRENNAN: Jennifer McCabe, did you know who she was or had you socialized with her?

330 5:25:12

MR. BUKHENIK: No, I did not.

331 5:25:13

MR. BRENNAN: Her husband, Matthew McCabe. Did you know him or socialize with him?

332 5:25:17

333 5:25:17

MR. BRENNAN: How about Julie Nagel? Did you know who she was or had you socialized with her?

334 5:25:22

MR. BUKHENIK: No, I did not.

335 5:25:23

MR. BRENNAN: Ryan Nagel — was that name familiar to you?

336 5:25:26

MR. BUKHENIK: No, it's not.

337 5:25:27

MR. BRENNAN: Sarah Levinson. Did you know that person?

338 5:25:29

MR. BUKHENIK: I did not.

339 5:25:30

MR. BRENNAN: You mentioned that you knew who Brian Higgins was.

340 5:25:33

341 5:25:33

MR. BRENNAN: And you had worked on a case or had some involvement in a case with him?

342 5:25:38

343 5:25:38

MR. BRENNAN: Did you owe him any particular favor or kindness at that time?

344 5:25:42

MR. JACKSON: Objection, Your Honor.

345 5:25:43

JUDGE CANNONE: I'll sustain it.

346 5:25:44

MR. BRENNAN: Did you have any loyalty or friendship with him?

347 5:25:47

MR. JACKSON: Objection.

348 5:25:47

MR. BUKHENIK: I did not. No.

349 5:25:48

MR. BRENNAN: At this point, you are how far into your career as a Massachusetts State Police officer?

350 5:25:54

MR. BUKHENIK: In 2022, I was approximately 10 years in.

351 5:25:57

MR. BRENNAN: And you had been honorably discharged from the military?

352 5:26:01

MR. BUKHENIK: Yes, I was.

353 5:26:02

MR. BRENNAN: Served the president.

354 5:26:03

355 5:26:04

MR. BRENNAN: And so at this point, how about Heather Maxon? Did you know that name?

356 5:26:10

MR. BUKHENIK: I did not. No.

357 5:26:12

MR. BRENNAN: When you first received the call, you had no firsthand knowledge whatsoever?

358 5:26:17

MR. BUKHENIK: No, just what I was told over the phone.

359 5:26:21

MR. BRENNAN: You mentioned you went to the Canton Police Department first and spoke to Canton Police officers.

360 5:26:28

361 5:26:28

MR. BRENNAN: Was it at that point you learned about a physical item that was found at the scene? What did you learn from them that was important in your investigation when you first got to the Canton Police Department?

362 5:26:45

MR. BUKHENIK: Uh, I learned that there was a broken, shattered cocktail glass that was recovered from near where Mr. O'Keefe was found, and also his phone was underneath him at the scene.

363 5:26:55

MR. BRENNAN: And were both those items available to you?

364 5:26:58

365 5:26:59

MR. BRENNAN: Did you also learn any statements made from any witnesses that were attributed to the defendant at that time?

366 5:27:05

367 5:27:06

MR. BRENNAN: And what were the statements at that point in time while at the Canton Police Department?

368 5:27:11

MR. BUKHENIK: The statements were, "Oh my god, did I hit him? Did I hit him?" — in a question format. Questioning.

369 5:27:18

MR. BRENNAN: And based on that information, was it somewhere around that point when you called the hospital or medical examiner's office?

370 5:27:26

MR. BUKHENIK: Yes, I made a call to the medical examiner's office.

371 5:27:30

MR. BRENNAN: Is that all the information you learned that morning?

372 5:27:35

MR. BUKHENIK: No, it's not.

373 5:27:36

MR. BRENNAN: After you learned that information, did you ask the police officers — well, let me ask it this way. After you learned that information, did you want to go somewhere?

374 5:27:51

MR. BUKHENIK: Yes, I did.

375 5:27:52

MR. BRENNAN: Where did you want to go?

376 5:27:55

MR. BUKHENIK: I wanted to interview the individuals that were with the defendant when Mr. O'Keefe was located and get their accurate and most first-person information from them directly.

377 5:28:08

MR. BRENNAN: Do you know whether or not — were they suspects at this point?

378 5:28:15

MR. BUKHENIK: No, they were not.

379 5:28:16

MR. BRENNAN: Did you know whether they were eyewitnesses or differently witnesses?

380 5:28:19

MR. BUKHENIK: At this point in time, prior to speaking to them, I just knew that they were eyewitnesses for the location of Mr. O'Keefe, but I did not know if they were eyewitnesses or witnesses.

381 5:28:31

MR. BRENNAN: And who did you speak to?

382 5:28:33

MR. BUKHENIK: I spoke with Miss Jennifer McCabe, Mr. McCabe, and Mr. Brian Albert.

383 5:28:37

MR. BRENNAN: When you spoke to them, did you separate them or speak to them as a group?

384 5:28:42

MR. BUKHENIK: I separated them.

385 5:28:43

MR. BRENNAN: You went to whose house to speak to them?

386 5:28:46

MR. BUKHENIK: Uh, the McCabe household.

387 5:28:47

MR. BRENNAN: Is it typical to go to a person's house rather than bring them to the station under these circumstances?

388 5:28:54

MR. JACKSON: Objection, your honor.

389 5:28:55

JUDGE CANNONE: Ask it differently.

390 5:28:56

MR. BRENNAN: Mr., um, why did you go to their house rather than ask them to come to the police station?

391 5:29:04

MR. BUKHENIK: Uh, well, there were multiple factors involved in that decision. One, the driving conditions. Two, uh, these are witnesses that uh had suffered some sort of traumatic event, finding their friend on the front lawn of their own town. So um, going to their uh home would provide hopefully a more comfortable scene for them to recall information in the comfort of their own home.

392 5:29:31

MR. BRENNAN: When you spoke to them, did you receive any information from any of them that Mr. O'Keefe went into 34 Fairview at any time that night?

393 5:29:42

394 5:29:42

MR. BRENNAN: When you asked questions about scene versus crime scene, was 34 Fairview, the home, the inside of the home, a crime scene in your mind?

395 5:29:53

396 5:29:53

MR. BRENNAN: Was the area where Mr. O'Keefe was found an important or unimportant area?

397 5:29:59

MR. BUKHENIK: It's very important.

398 5:30:00

MR. BRENNAN: Did you know whether or not any of the Canton Police Department officers at that time had done any type of limited search of the area?

399 5:30:11

MR. JACKSON: Objection.

400 5:30:12

JUDGE CANNONE: Just whether you knew at that point in time.

401 5:30:15

MR. BUKHENIK: We did know. Yes.

402 5:30:17

MR. BRENNAN: What did you learn about the scope or the breadth of that search by the Canton Police Department?

403 5:30:25

MR. JACKSON: Objection.

404 5:30:25

JUDGE CANNONE: I'll allow it.

405 5:30:27

MR. BUKHENIK: I knew it was brief based on the weather conditions and the item that was recovered.

406 5:30:32

MR. BRENNAN: Okay. After you spoke to Jennifer McCabe — and did you say Brian Albert?

407 5:30:37

MR. BUKHENIK: Jennifer McCabe, Matt McCabe, and Brian Albert.

408 5:30:40

MR. BRENNAN: Um, at that point, did you have any reason to want to go into 34 Fairview?

409 5:30:45

MR. BUKHENIK: No, I did not.

410 5:30:47

MR. BRENNAN: Did you learn whether or not Canton police officers spoke to those particular people who lived there before you got there?

411 5:30:54

MR. BUKHENIK: I had learned. Yes.

412 5:30:56

MR. BRENNAN: What did you learn?

413 5:30:57

MR. BUKHENIK: I learned that Canton police officers went inside the home, spoke with members inside the home as well.

414 5:31:04

MR. BRENNAN: When you speak to witnesses, you've done many interviews over your —

415 5:31:08

MR. BUKHENIK: Yes, I have. Yes.

416 5:31:10

MR. BRENNAN: In addition to asking questions, what are you looking for when you speak to a witness?

417 5:31:16

MR. BUKHENIK: Uh, we're looking for body language, how willing they are to provide the information. Uh, and as with everyone, we always trust but verify. We corroborate their statements.

418 5:31:29

MR. BRENNAN: Did you see anything about these witnesses when you spoke to them that cued you or concerned you to do a further investigation?

419 5:31:39

MR. JACKSON: Objection.

420 5:31:39

JUDGE CANNONE: Ask it differently.

421 5:31:40

MR. BRENNAN: Um, was there anything about their mannerism or demeanor that stood out to you?

422 5:31:46

MR. JACKSON: Objection.

423 5:31:47

JUDGE CANNONE: I'll allow it.

424 5:31:48

425 5:31:49

MR. BRENNAN: After speaking to the witnesses, in your mind as an investigator, what did you need to do next?

426 5:31:57

MR. BUKHENIK: Uh, I needed to take a look at Mr. O'Keefe's injuries for myself.

427 5:32:02

MR. BRENNAN: And you shared with us detail about when you went down to Good Samaritan Hospital and made observations.

428 5:32:10

MR. BUKHENIK: Yes, sir.

429 5:32:10

MR. BRENNAN: On direct examination, I pointed out you're not a medical examiner, are you?

430 5:32:16

MR. BUKHENIK: I am not.

431 5:32:17

MR. BRENNAN: No. Not a biomechanical engineer.

432 5:32:19

MR. BUKHENIK: I am not.

433 5:32:21

MR. BRENNAN: No. In your experience, when you looked at Mr. O'Keefe and had a chance to study his body, what impression did that leave with you relative to your investigation?

434 5:32:33

MR. JACKSON: Objection.

435 5:32:33

MR. BRENNAN: At that point in time, after viewing Mr. O'Keefe's injuries.

436 5:32:37

MR. BUKHENIK: Uh, my impression shifted from him possibly being struck with the glass uh that was located at the scene where he was found to him being struck by a vehicle.

437 5:32:50

MR. BRENNAN: Why?

438 5:32:51

MR. BUKHENIK: Uh, due to the abrasions and cuts on his right arm, and in my experience, the amount of force one would have to generate to produce the wound to his head.

439 5:33:04

MR. JACKSON: Objection.

440 5:33:04

JUDGE CANNONE: I'm going to strike that last part.

441 5:33:07

MR. BRENNAN: After coming to the conclusion — strike that — after making your observations and your uh determination, did your focus shift at that point?

442 5:33:17

MR. BUKHENIK: Yes, it did.

443 5:33:18

MR. BRENNAN: Where did you want to go next?

444 5:33:21

MR. BUKHENIK: I wanted to observe the vehicle uh that the defendant was driving.

445 5:33:26

MR. BRENNAN: What were you going to be looking for?

446 5:33:30

MR. BUKHENIK: Uh, any damage to the headlights, um, windshield, and other parts of the vehicle that would have come into contact with Mr. O'Keefe.

447 5:33:40

MR. BRENNAN: You mentioned the windshield and the headlights. Those were in the front of the car. Did you have an impression at that point?

448 5:33:52

MR. BUKHENIK: Yes. Um, the majority of the cases that I had exposure to with pedestrian vehicle strikes, the strike comes from the front of the vehicle. So in my um assumption, speculation at that point in time based on the limited information I had, uh, that was my theory.

449 5:34:19

MR. BRENNAN: When you got to Dighton, did that theory change?

450 5:34:24

MR. BUKHENIK: Uh, prior to our arrival to Dighton, the theory had changed based on

451 5:34:32

MR. BRENNAN: Information you received from Jennifer McCabe?

452 5:34:34

JUDGE CANNONE: Sustained.

453 5:34:34

MR. BRENNAN: Um, what was that based on?

454 5:34:37

MR. BUKHENIK: It was based on information I received from uh Jennifer McCabe's phone conversation.

455 5:34:42

MR. BRENNAN: And what was that information?

456 5:34:44

MR. BUKHENIK: That the defendant told her that she had damaged her tail light and showed Mrs. McCabe and Mrs. Roberts the missing pieces and damage to the rear right tail light of her vehicle.

457 5:34:57

MR. BRENNAN: When you got to Dighton and had a chance to look at the defendant's Lexus, did your focus of your investigation develop in any way?

458 5:35:06

MR. BUKHENIK: Yes. Uh, seeing for myself that there was actual damage uh, coupled with the statements made — "Did I hit him? Could I have hit him?" — uh, along with my observation of the vehicle, uh, my focus began to concentrate on the defendant.

459 5:35:24

MR. BRENNAN: You shared with us that you went inside and spoke to the defendant.

460 5:35:31

461 5:35:32

MR. BRENNAN: Why did you speak to her at her home rather than ask her or force her to come to the police station?

462 5:35:44

MR. BUKHENIK: Uh, same reasons we interviewed the witnesses — uh, the driving conditions, the time that it would take for her to respond. Um, the comfort of her own home or her parents' home, uh, where she had just experienced a very traumatic event, being concerned for her well-being. Um, we interviewed her in the comfort of her parents' couch.

463 5:36:19

MR. BRENNAN: When you interviewed her in her parents' home, where was she seated?

464 5:36:32

MR. BUKHENIK: On the couch of her parents' living room.

465 5:36:41

MR. BRENNAN: Where was her mother?

466 5:36:46

MR. BUKHENIK: She was in the home. I don't have a specific memory of her being in the room with us. Uh, but her father was in the room with us.

467 5:37:18

MR. BRENNAN: Did you ever try to separate the defendant from her father when you interviewed her?

468 5:37:36

PARENTHETICAL: [sidebar]

469 5:37:35

MR. JACKSON: Objection.

470 5:37:36

MR. BRENNAN: We can approach.

471 5:37:41

JUDGE CANNONE: Bless you. Right ahead.

472 5:37:45

MR. BRENNAN: Thank you, Trooper. Get back to my question. When you decided to speak to the defendant, did you ask her father to leave the room?

473 5:38:13

MR. BUKHENIK: I did not.

474 5:38:17

MR. BRENNAN: No. Why not?

475 5:38:20

MR. BUKHENIK: We just simply wanted to get her recollection. Her father did not pose a safety risk to us. He was not present, um, to the best of our knowledge at that time when Mr. O'Keefe was injured. So him leaving the room um just didn't appear necessary. Again, my concern was for her well-being, having uh known that she was sectioned, and um we wanted to make sure it was a safe and uh comfortable environment for her to do the best she could to tell us what she remembered.

476 5:40:02

MR. BRENNAN: What was her demeanor when you spoke to her?

477 5:40:09

MR. BUKHENIK: She was calm, stoic. She was uh sitting on the couch with a pillow on her lap, a laptop to her left. Uh, she was — I guess maybe poised when she was answering our questions.

478 5:40:40

MR. BRENNAN: When you finished your conversation with the defendant, had anybody in that home ever mentioned the idea of whether or not John O'Keefe went into 34 Fairview that night?

479 5:41:05

480 5:41:05

MR. BRENNAN: When you went outside to get in your truck and follow the tow truck back to Canton, did you have any information whatsoever that there was any animus —

481 5:41:19

JUDGE CANNONE: Bless you.

482 5:41:20

MR. BRENNAN: — or animosity between Brian Higgins and John O'Keefe?

483 5:41:24

484 5:41:25

MR. BRENNAN: After speaking to witnesses and the defendant, at that point when you got back into your truck to go to Canton, did you have any information that there was any animosity between Brian Albert and John O'Keefe?

485 5:41:42

486 5:41:43

MR. BRENNAN: We've already talked about, out of order, your return back to Canton, the Sallyport, and then you and Mr. Proctor prior to going out to dinner and going back. So I'm going to skip all of that. After you went home that night, did your investigation continue?

487 5:42:06

488 5:42:06

MR. BRENNAN: How long do investigations continue for?

489 5:42:10

MR. BUKHENIK: Until they are completed and exhausted, sometimes years, sometimes decades.

490 5:42:17

MR. BRENNAN: If you were to receive new information tomorrow, would you consider it?

491 5:42:26

MR. BUKHENIK: Absolutely.

492 5:42:26

JUDGE CANNONE: Sustained.

493 5:42:27

MR. BRENNAN: When you write police reports, um, is there a time limit on when you can file a report?

494 5:42:40

495 5:42:40

MR. BRENNAN: Throughout this case, um, did you write a number of reports over time?

496 5:42:50

497 5:42:50

MR. BRENNAN: Did you engage in tasks after the case began?

498 5:42:57

499 5:42:57

MR. BRENNAN: Have you engaged in tasks recently?

500 5:43:00

501 5:43:00

MR. BRENNAN: As you were investigating this case, did you speak to a number of witnesses?

502 5:43:06

MR. BUKHENIK: Yes, I did.

503 5:43:08

MR. BRENNAN: Did you consider reports that were provided by other troopers who interviewed witnesses?

504 5:43:14

505 5:43:14

MR. BRENNAN: Mr. Proctor was the case manager of this case?

506 5:43:18

507 5:43:19

MR. BRENNAN: You were his supervisor?

508 5:43:21

509 5:43:21

MR. BRENNAN: Were there other troopers who participated in this case?

510 5:43:25

511 5:43:25

MR. BRENNAN: Um, do you know whether or not Lieutenant O'Hara participated in this case?

512 5:43:31

MR. BUKHENIK: I do know.

513 5:43:33

MR. BRENNAN: You do know?

514 5:43:34

MR. BUKHENIK: I do know that he participated. Yes.

515 5:43:37

MR. BRENNAN: Did he?

516 5:43:38

517 5:43:39

MR. BRENNAN: Do you know if he had a team with him of other troopers?

518 5:43:45

519 5:43:45

MR. BRENNAN: Do you know if Trooper Prince engaged in any interviews?

520 5:43:50

MR. BUKHENIK: I do know. Yes.

521 5:43:52

MR. BRENNAN: Are you familiar with the name Nick Guarino?

522 5:43:56

MR. BUKHENIK: Uh-huh.

523 5:43:56

MR. BRENNAN: Guarino.

524 5:43:57

MR. BUKHENIK: Yes, I am.

525 5:43:58

MR. BRENNAN: And do you know if he engaged in any tasks in this case?

526 5:44:05

MR. BUKHENIK: I do know. Yes.

527 5:44:07

MR. BRENNAN: What did he engage in generally?

528 5:44:10

MR. BUKHENIK: He generally uh conducted the digital forensics uh portion of the investigation extractions.

529 5:44:17

MR. BRENNAN: Trooper Keef, is that a name familiar?

530 5:44:21

MR. BUKHENIK: Yes, it is.

531 5:44:22

MR. BRENNAN: And do you know whether or not he was involved?

532 5:44:27

MR. BUKHENIK: Yes, I do know.

533 5:44:29

MR. BRENNAN: Were there a number of other troopers who were involved in different aspects of this case?

534 5:44:38

MR. BUKHENIK: Yes, there are a number of different ones.

535 5:44:42

MR. BRENNAN: Trooper Adam Bryant.

536 5:44:43

537 5:44:44

MR. BRENNAN: Did you look or seek other information after you left the defendant's house?

538 5:44:51

539 5:44:51

MR. BRENNAN: Did you look for other witness statements?

540 5:44:54

541 5:44:54

MR. BRENNAN: Did you try to obtain further evidence?

542 5:44:57

MR. BUKHENIK: Yes, we did.

543 5:44:58

MR. BRENNAN: Was there an interview with firefighter Timothy Nuttall on February 8th?

544 5:45:03

MR. BUKHENIK: Yes, there was.

545 5:45:04

MR. BRENNAN: That was about 10 days after the incident approximately.

546 5:45:08

547 5:45:08

MR. BRENNAN: Did you learn any statements from him in addition to the earlier statements you learned that added to your investigation?

548 5:45:16

549 5:45:17

JUDGE CANNONE: I'm going to allow it.

550 5:45:19

MR. BRENNAN: And do you remember what Timothy Nuttall told you on February 8th, 2022 about any statements of the defendant?

551 5:45:26

MR. JACKSON: Objection.

552 5:45:27

JUDGE CANNONE: So folks, again, this is being offered not for the truth of the statement, but simply to show that the information was provided to the police.

553 5:45:38

MR. BRENNAN: Yes. Mr. Nuttall was one of, uh, three, I believe.

554 5:45:45

MR. BUKHENIK: Five.

555 5:45:45

MR. BRENNAN: So, talk about Mr. Nuttall, please.

556 5:45:50

MR. BUKHENIK: Mr. Nuttall told me that the defendant stated, "I hit him. I hit him. I hit him."

557 5:46:02

MR. BRENNAN: Was that information different than the statements that you were first learning about that she had allegedly made earlier that night?

558 5:46:17

MR. BUKHENIK: Yes, it was.

559 5:46:20

MR. BRENNAN: Did you interview firefighter Daniel Whitley on February 8th, 2022?

560 5:46:23

MR. BUKHENIK: I did.

561 5:46:23

MR. BRENNAN: When you spoke to him, do you remember whether he shared any statements about the defendant telling him anything about her interaction with Mr. O'Keefe at the end of that night?

562 5:46:33

MR. BUKHENIK: I believe that he stated that they got into a fight.

563 5:46:36

MR. BRENNAN: Do you remember the words that he used when he described that fight?

564 5:46:40

MR. BUKHENIK: I do not remember the exact words. Those would be reflected in my police report.

565 5:46:45

MR. BRENNAN: Would your police report potentially refresh your recollection?

566 5:46:47

MR. BUKHENIK: Potentially.

567 5:46:47

MR. BRENNAN: May I approach?

568 5:46:48

569 5:46:48

MR. BRENNAN: Thank you. I'll hand you a document. I do not want you to read from it. I want you to look at it, determine whether it refreshes your memory, and then I'll ask you if it refreshes your memory. If it does, I'll ask you about it. If it doesn't, then I won't. Okay, sir. After reviewing the report, does it refresh your memory about your conversation with Daniel Whitley on February 8th, 2022 about statements made by the defendant to him?

570 5:47:14

571 5:47:16

MR. BRENNAN: And could you share with us what the statements were as related by Mr. Whitley back on February 2022?

572 5:47:56

MR. BUKHENIK: The statement was—

573 5:48:03

MR. JACKSON: Objection.

574 5:48:05

JUDGE CANNONE: Again, jurors, this is not offered for the truth that's contained in the statement, but simply to show that this information was provided to the police.

575 5:49:01

MR. BUKHENIK: The defendant made a statement questioning whether Mr. O'Keefe was still alive, and anything about the nature of their disagreement — Mr. O'Keefe and the defendant got into an argument.

576 5:49:15

MR. BRENNAN: So, for those same purposes, as you're learning this information, does it in any way shape your continued investigation?

577 5:49:24

MR. BUKHENIK: Yes, it further supports witness statements. It further supports and corroborates information that we're learning. The more information we collect, the stronger the case becomes.

578 5:49:36

MR. BRENNAN: Did you interview a person by the name of Anthony Flatley?

579 5:49:41

MR. BUKHENIK: Yes, I did.

580 5:49:42

MR. BRENNAN: And when you spoke to him, do you recall whether he shared any statements that the defendant made to him?

581 5:49:52

MR. JACKSON: Objection.

582 5:49:53

583 5:49:54

MR. BRENNAN: And do you recall what those statements were?

584 5:50:02

MR. BUKHENIK: I do have a general recollection of what they were, but—

585 5:50:13

MR. BRENNAN: I don't want you to guess. Would your report potentially help your memory?

586 5:50:27

MR. BUKHENIK: Yes, it would.

587 5:50:30

MR. BRENNAN: Approach.

588 5:50:31

589 5:50:32

MR. BRENNAN: Thanks, sir. Same protocol that I mentioned before. Take a look. See if it refreshes your memory. If it does not, let me know. If it does, I'll then ask you some questions about it. May I approach, your honor?

590 5:51:14

591 5:51:15

MR. BRENNAN: After looking at your report, does that refresh your memory at all?

592 5:51:38

MR. BUKHENIK: Yes, it does.

593 5:51:43

MR. BRENNAN: And when you were learning information to shape your investigation, did you consider anything that Anthony Flatley told you?

594 5:52:56

PARENTHETICAL: [sidebar]

595 5:52:19

MR. BUKHENIK: Yes, I did.

596 5:52:24

MR. BRENNAN: Okay. And what did he tell you that the defendant told him that helped shape your investigation?

597 5:52:56

JUDGE CANNONE: I'm going to see counsel inside.

598 5:53:09

MR. BRENNAN: In addition to trying to get or obtain information about statements of the defendant, was there physical evidence that was important?

599 5:53:48

600 5:53:50

MR. BRENNAN: Was there any data evidence — were you aware of the team from the Massachusetts State Police pursuing any data type evidence?

601 5:54:31

MR. BUKHENIK: Yes, there was.

602 5:54:33

MR. BRENNAN: Was there some phones involved?

603 5:54:36

MR. BUKHENIK: Yes, there were.

604 5:54:38

MR. BRENNAN: What phones did you understand or pursue that you thought might be helpful for your investigation?

605 5:54:49

MR. BUKHENIK: For one, Mr. O'Keefe's phone was a device that we were looking into. We also had seized the defendant's phone and were attempting to access that device. There was other digital information that we were seeking as well.

606 5:55:16

MR. BRENNAN: Was the potential data from the defendant's Lexus important to the team of investigators?

607 5:55:26

MR. BUKHENIK: Extremely important.

608 5:55:27

MR. BRENNAN: And did any of your team pursue that so-called black box data?

609 5:55:35

MR. BUKHENIK: Yes, we did.

610 5:55:38

MR. BRENNAN: You were asked whether you interviewed or were present for interviews of Nicole and Brian Albert.

611 5:55:56

612 5:55:57

MR. BRENNAN: And after you spoke to them, including and considering all of the prior information you had, was there any evidence that John O'Keefe went into 34 Fairview Road on January 29th, 2022?

613 5:56:35

MR. BUKHENIK: There was not.

614 5:56:39

MR. BRENNAN: — relative to the information that could be stored in the computer systems on the Lexus. Do you know which troopers — well, do you know if Trooper Guarino was involved in any process regarding that?

615 5:56:51

MR. BUKHENIK: Yes, I do know. And yes, he was involved in conducting that portion of the investigation.

616 5:56:57

MR. BRENNAN: As part of the investigation, was it important or was it considered to look at John O'Keefe's phone to see if there was any specific or particular information on it that would be helpful?

617 5:57:09

MR. BUKHENIK: Yes, it would be.

618 5:57:10

MR. BRENNAN: What were you looking for? What was the team looking for on Mr. O'Keefe's phone?

619 5:57:16

MR. BUKHENIK: Well, the all-encompassing data includes location of the device. It includes communication, the party's identity with whom an individual could possibly be communicating. In this case, Mr. O'Keefe's text messages, phone calls, emails, other applications like Signal and WhatsApp could have also been in use.

620 5:57:32

MR. BRENNAN: How about voicemails?

621 5:57:34

MR. BUKHENIK: Voicemails. Yes.

622 5:57:36

MR. BRENNAN: Did you ever review or consider any of those things that you just mentioned in your investigation?

623 5:57:53

MR. BUKHENIK: Yes, I did.

624 5:57:56

MR. BRENNAN: Speaking of interviewing witnesses, did you along with Michael Proctor interview Katie McLaughlin on January 30th, 2022?

625 5:58:12

MR. BUKHENIK: Yes, I did.

626 5:58:15

MR. BRENNAN: Was this the very next day?

627 5:58:21

MR. BUKHENIK: Yes, it is.

628 5:58:24

MR. BRENNAN: And as part of your investigation and the direction and scope of your investigation, did you consider the interview with her and what she might have told you?

629 5:58:32

MR. BUKHENIK: Yes, it was.

630 5:58:33

MR. BRENNAN: When you were speaking with her the very next day, were there any statements that she attributed to the defendant that you considered in the next days of your investigation?

631 5:58:43

MR. BUKHENIK: Yes, there was.

632 5:58:44

MR. BRENNAN: Do you remember what she told you the defendant said that was part of your consideration for your future investigation?

633 5:58:50

MR. BUKHENIK: "I hit him. I hit him. I hit him." I'm going to remember that.

634 5:58:55

MR. BRENNAN: Yep.

635 5:58:55

JUDGE CANNONE: Remember that the statement is not being offered for the truth of the statement, but simply to show that the information was provided to the state.

636 5:59:04

MR. BRENNAN: Did the statement that Katie McLaughlin attributed to the defendant that very next day, January 30th, 2022, did that shape your investigation at all?

637 5:59:21

MR. BUKHENIK: It helps contribute to the investigation. Again, all the evidence, all the statements, all the digital, all the circumstantial, all of that information is coupled and then put together — capped off by the defendant's statements herself — to form the case.

638 5:59:53

MR. BRENNAN: There were questions about a plow driver by the name of Brian Loughran. When did you first hear or learn of that name?

639 6:00:04

MR. BUKHENIK: It was quite some time after the case had made its way through the court system.

640 6:00:11

MR. BRENNAN: When you learned of his name, did you attempt to speak to him?

641 6:00:18

642 6:00:18

MR. BRENNAN: And before you spoke to him, were there any issues you identified relative to Mr. Loughran before you actually spoke to him?

643 6:00:29

MR. BUKHENIK: In regards to him, no, I didn't know him. I've never met him.

644 6:00:35

MR. BRENNAN: Did you in fact speak to him and interview him?

645 6:00:40

MR. BUKHENIK: Yes, I did.

646 6:00:41

MR. BRENNAN: Was that interview — did anybody attend that interview with you?

647 6:00:47

MR. BUKHENIK: Yes. It was asked whether or not there was a

648 6:00:52

MR. BRENNAN: — car that was seen, and that was a — what type of car?

649 6:00:57

MR. BUKHENIK: Uh, Ford Edge.

650 6:00:59

MR. BRENNAN: Was he specifically asked whether or not that was a Ford Edge owned by the Albert family in our interview?

651 6:01:07

MR. BUKHENIK: Yes. I don't remember specifically, but it is along the line of questions that would have been in my report and transcription of the audio recording.

652 6:01:18

MR. BRENNAN: And one last interview — did you speak to Brian Albert Jr., or did you see or consider a report of his interview?

653 6:01:28

MR. BUKHENIK: I saw a report and considered that interview. I did not —

654 6:01:33

MR. BRENNAN: What did you understand his relevance to be in your investigation?

655 6:01:38

MR. BUKHENIK: He was at the home, at his parents' home, when some of his relatives and his parents' friends came back to 34 Fairview.

656 6:01:48

MR. BRENNAN: And after you considered that interview, did it change your perspective or knowledge about whether anybody had suggested that John O'Keefe went into 34 Fairview Road that night?

657 6:02:06

MR. BUKHENIK: No. He did not know.

658 6:02:09

MR. BRENNAN: When I asked you questions earlier on the case, days ago now, we went through a number of pieces of evidence that were found at different times at 34 Fairview Road. Do you remember those questions and going through that process?

659 6:02:35

MR. BUKHENIK: I do remember. Yes.

660 6:02:38

MR. BRENNAN: When we went through that process, were there any items that I did not ask you about?

661 6:02:49

MR. BUKHENIK: Yes, there were.

662 6:02:51

MR. BRENNAN: And the items I did not ask you about — were they retrieved or found on different dates?

663 6:02:57

MR. BUKHENIK: Yes, they were.

664 6:02:58

MR. BRENNAN: And the items that I did not ask you about on those different dates, do you remember how many different dates other items were found?

665 6:03:08

MR. BUKHENIK: I want to say three different dates.

666 6:03:10

MR. BRENNAN: And on those other items I didn't ask you about, who recovered those items of evidence from 34 Fairview Road?

667 6:03:18

MR. BUKHENIK: Michael Proctor.

668 6:03:18

MR. BRENNAN: Were you with Michael Proctor on any of those three dates when he turned in or reported the recovery of other evidence at 34 Fairview Road?

669 6:03:28

MR. BUKHENIK: I was not. No.

670 6:03:30

MR. BRENNAN: And do you understand whether anybody was with him on those three dates?

671 6:03:35

MR. JACKSON: Objection.

672 6:03:35

JUDGE CANNONE: I'll allow that.

673 6:03:36

MR. BUKHENIK: My understanding is that nobody else was with him.

674 6:03:40

MR. BRENNAN: And I did not ask you about any of those pieces of evidence?

675 6:03:46

MR. BUKHENIK: No, you did not. No.

676 6:03:48

MR. BRENNAN: On cross-examination, you were asked about those three pieces of evidence.

677 6:03:53

MR. BUKHENIK: Yes, I was.

678 6:03:54

MR. BRENNAN: Were you shown what are now exhibits containing pictures and a photograph of the bags in which those items were bagged?

679 6:04:03

MR. BUKHENIK: Yes, I was.

680 6:04:04

MR. BRENNAN: Do you have those physical pieces of evidence?

681 6:04:08

MR. BUKHENIK: I do.

682 6:04:09

MR. BRENNAN: Okay. Now I'd like to ask you about those three pieces of evidence. Was there evidence produced from February 8th, 2022?

683 6:04:18

MR. BUKHENIK: There was.

684 6:04:19

MR. BRENNAN: Who produced that evidence?

685 6:04:21

MR. BUKHENIK: It was Michael Proctor who recovered it.

686 6:04:31

MR. BRENNAN: And you were not there that date when he recovered the items?

687 6:04:48

MR. BUKHENIK: I was not. No.

688 6:04:54

MR. BRENNAN: I'd ask you to retrieve Exhibit 7-13 — the items that were found on February 8th, 2022.

689 6:05:19

MR. BUKHENIK: Yes, sir.

690 6:05:22

MR. BRENNAN: Do you have gloves?

691 6:05:28

MR. BUKHENIK: I do. 7-13.

692 6:05:33

MR. BRENNAN: I move to introduce this into evidence.

693 6:05:40

MR. JACKSON: No objection.

694 6:05:43

JUDGE CANNONE: 128.

695 6:05:44

MR. BRENNAN: Can you describe what is in that bag? And if necessary, you should open it and show it to the jury.

696 6:06:07

MR. BUKHENIK: The description is one large piece of plastic red in color, one small piece of red plastic, and one piece of black plastic. I will open it to further show. This one is labeled 22-021847-13 as the bag, and this is labeled with the letter A as in alpha.

697 6:07:02

MR. BRENNAN: Could you again tell us the date that was recovered?

698 6:07:14

MR. BUKHENIK: This was recovered on February 8th, 2022. This appears to be a black piece of plastic. Same identifying numbers, but this one is labeled with the letter B as in bravo. This small piece of red plastic is not labeled.

699 6:07:59

MR. BRENNAN: Thank you. You mentioned this was on February 8th, 2022. Are you done with that packet?

700 6:08:08

701 6:08:08

MR. BRENNAN: Earlier in your testimony, you had shared that you went back to 34 Fairview on February 10th, 2022.

702 6:08:19

MR. BUKHENIK: Yes, I did.

703 6:08:20

MR. BRENNAN: And on that date, you recovered pieces of tail light.

704 6:08:26

MR. BUKHENIK: Yes, I did.

705 6:08:28

MR. BRENNAN: At that point on February 10th — two days after that February 8th production — was there still any snow on the ground at 34 Fairview?

706 6:08:43

MR. BUKHENIK: Yes, there was still snow on the ground. Obviously, not in the amount that was there the first day.

707 6:08:53

MR. BRENNAN: The second production from Mr. Proctor — do you know what date that was?

708 6:09:02

MR. BUKHENIK: Don't hold me to it. I want to say the 11th of February.

709 6:09:17

MR. BRENNAN: And did you bring 7-14 and 7-15 with you?

710 6:09:28

MR. BUKHENIK: Yes, I did.

711 6:09:31

MR. BRENNAN: Could you produce those, please? Let's take one at a time, please. 7-14 and 7-15. Let's start with 7-14. I'd like to move that into evidence, please.

712 6:10:04

JUDGE CANNONE: Thank you.

713 6:10:05

MR. BRENNAN: Regarding 7-14, can you show us what Mr. Proctor found on February 11th, 2022?

714 6:10:15

MR. BUKHENIK: Yes, sir. Appears to be a variety of wax — like stamp bags, as well as plastic containers, and this is consistent with having glass in it, as it was described earlier.

715 6:10:38

MR. BRENNAN: Does the packaging seem different than the other bags? Is there any reason you know of that the packaging is different?

716 6:10:53

MR. BUKHENIK: It appears that these are small fragments of glass. So for safety reasons, it appears that they were placed into hard containers to prevent injury or possibly losing them.

717 6:11:14

MR. BRENNAN: Could you just hold up a few examples for the jury to see?

718 6:11:23

MR. BUKHENIK: Yes. This one here is labeled 7-14-A, and then this here is B. This here is C. And then there are fragments in here.

719 6:11:41

MR. BRENNAN: You don't need to take them out. Just describe them generally.

720 6:11:50

MR. BUKHENIK: Small pieces of what appears to be glass inside the wax paper.

721 6:12:01

MR. BRENNAN: If you can rebag all that, we'll move to the next item.

722 6:12:11

MR. BUKHENIK: Yes, sir.

723 6:12:13

MR. BRENNAN: 7-15. Please, I'd move 7-15 into evidence. Sergeant, were 7-14 and 7-15, the two separate bags, both found on February 11th, 2022?

724 6:12:32

MR. BUKHENIK: I can confirm that as soon as I look back at the bag — [unintelligible]. Yes. February 11th.

725 6:12:48

MR. BRENNAN: If you could open that and show the jury.

726 6:12:56

MR. BUKHENIK: Yes, sir. This item is labeled with the same [unintelligible] number 7-15, and the letter A. This is two pieces of clear plastic that are taped together. The longer one here on the left is labeled H, and the one on the right is labeled F, if my eyes are not failing me. This is a canister labeled "debris collection" with the same numerical identifiers.

727 6:13:54

MR. BRENNAN: When would you use a canister as opposed to just putting it in a bag or a plastic bag? Is there a reason it's in a canister?

728 6:14:29

MR. BUKHENIK: I do not know the reason behind it. I would strictly be speculating. This small red piece of plastic is labeled E as in echo. There are more small pieces of similar size that I just showed — but very well.

729 6:15:23

MR. BRENNAN: You can rebag that. You mentioned there were three different days where Mr. Proctor found pieces of tail light at 34 Fairview. I'd like to go to that last day. That would be the 18th, I believe, of February. And do you have a bag?

730 6:16:08

MR. BUKHENIK: I do.

731 6:16:10

MR. BRENNAN: Could you produce it, please? It's 7-16.

732 6:16:17

MR. BUKHENIK: Yes, it is.

733 6:16:20

MR. BRENNAN: Do you have it?

734 6:16:24

MR. BUKHENIK: I do.

735 6:16:26

MR. BRENNAN: I'd like to move that into evidence, please.

736 6:16:34

MR. JACKSON: No objection.

737 6:16:36

JUDGE CANNONE: 31.

738 6:16:37

MR. BRENNAN: Thank you. If you could open it, please, for the jury.

739 6:16:48

MR. BUKHENIK: Yes, sir. This one's labeled B. Here we have three red tail light pieces taped together. Appears to be mechanically fitting — labeled A, C, and D.

740 6:17:15

MR. BRENNAN: Do you typically label items?

741 6:17:20

MR. BUKHENIK: No. No.

742 6:17:22

MR. BRENNAN: Do you know where those labels and the taping come from?

743 6:17:34

MR. BUKHENIK: I believe that's from the crime lab. They label and identify each item according to their protocols to help them facilitate their portion of the investigation. Small clear piece of plastic labeled E as in echo. Small piece of clear plastic labeled G as in golf. And another tin canister — [unintelligible] — labeled piece of plastic.

744 6:18:35

MR. BRENNAN: Thank you.

745 6:18:37

MR. BUKHENIK: Yes, sir.

746 6:18:40

MR. BRENNAN: You earlier mentioned that the tow truck brought the defendant's Lexus to the Canton Sallyport. Do you know if there's a video depicting that arrival?

747 6:19:07

MR. BUKHENIK: Yes, there is.

748 6:19:10

MR. BRENNAN: With the court's permission, I would like to play a portion of Exhibit 127.

749 6:19:27

750 6:19:28

MR. BRENNAN: Have you seen that video before?

751 6:19:35

MR. BUKHENIK: Yes, I have.

752 6:19:39

MR. BRENNAN: What does it depict?

753 6:19:44

MR. BUKHENIK: It depicts a tow truck from Diamond Towing arriving at Canton Police Department, followed by my personal pickup truck — we're following the vehicle in that video.

754 6:20:16

MR. BRENNAN: That's before the video of being in the Sallyport?

755 6:20:27

MR. BUKHENIK: Yes, it is.

756 6:20:30

MR. BRENNAN: When you were considering the physical pieces of evidence as part of your investigation, were you considering the weather conditions that night?

757 6:20:57

758 6:20:57

MR. BRENNAN: When you were evaluating pieces of physical evidence that were found at 34 Fairview, were you making any assessment about their location or depth or closeness to the ground when you were evaluating them?

759 6:21:12

760 6:21:13

MR. BRENNAN: And why were you considering the closeness of items to the ground?

761 6:21:18

MR. BUKHENIK: Well, common sense will dictate that if an item is found on the grass and there's snow covering it, that it would have to have been placed prior to the snow accumulating. If an item is shoved into the snow, it will be exposed as the snow melts prior to it reaching the ground level.

762 6:21:44

MR. BRENNAN: I'm going to ask you to, with the court's assistance, retrieve Exhibit 85.

763 6:21:50

MR. BUKHENIK: Yes. I have to go over and get it. It's right across here.

764 6:22:00

MR. BRENNAN: Sure. I'll bring you. You want some questions while we wait?

765 6:22:08

MR. BUKHENIK: I can.

766 6:22:10

MR. BRENNAN: When you retrieved pieces of tail light on February 3rd, did you consider their location — not only where on the lawn they were, but about the depth of where they were found?

767 6:22:36

MR. BUKHENIK: Yes, I did.

768 6:22:38

MR. BRENNAN: And based on the items that you found on February 3rd, how close to the ground were they?

769 6:22:52

MR. BUKHENIK: They were on the ground, or in the instance with the hat, it was frozen almost in a solid piece to the grass blades, to the ground.

770 6:23:13

MR. BRENNAN: And was that significant to you how the hat was found?

771 6:23:22

MR. BUKHENIK: Yes, it was.

772 6:23:24

MR. BRENNAN: Could I have 99C? [Exhibit 99C displayed.] And we now have 99D — beneath the hat on the left side, next to the ruler. What do you see?

773 6:23:43

MR. BUKHENIK: Yellow grass and a leaf — I believe a brown leaf.

774 6:23:50

MR. BRENNAN: Was that of importance to you?

775 6:23:54

MR. BUKHENIK: Yes, it was.

776 6:23:56

MR. BRENNAN: I may approach, your honor?

777 6:23:59

778 6:24:00

MR. BRENNAN: And if you could turn the lights on and take that down, please. Thank you, sir. I'm approaching 85. Could you take the item out of the bag, please, sir?

779 6:24:21

MR. BUKHENIK: Yes, sir.

780 6:24:22

MR. BRENNAN: Can you look at the back of the pants, please? As part of your investigation and the significance of the evidence, did you consider any debris on the back of the pants as part of your analysis?

781 6:24:55

782 6:24:56

MR. BRENNAN: The grass stains on the left —

783 6:25:03

MR. JACKSON: Objection.

784 6:25:04

JUDGE CANNONE: The appearance of the —

785 6:25:08

MR. BRENNAN: Go ahead. I'm sorry.

786 6:25:12

MR. BUKHENIK: The appearance of the staining that's taken place or had taken place on these jeans was significant in the fact that it appears to be green and grass.

787 6:25:37

MR. BRENNAN: What did that suggest to you as part of your evaluation of your investigation and the decisions that you made after?

788 6:25:56

MR. BUKHENIK: It suggests that Mr. O'Keefe impacted the grass area with his left glute, transferring green staining onto his pants.

789 6:26:15

MR. BRENNAN: Do you know, from your investigation, the amount of snow that was on the ground at about 12:29 to 12:32 AM on January 29th of 2022?

790 6:26:42

MR. BUKHENIK: Yes. Based on my investigation and review of video from surveillance footage, it appears to be very little to a coating of snow in some areas.

791 6:27:09

MR. BRENNAN: You could repackage that for us, please.

792 6:27:16

MR. BUKHENIK: Yes, sir.

793 6:27:19

MR. BRENNAN: I have just a few final questions for you. You were asked questions about interviewing Brian Higgins.

794 6:27:26

795 6:27:26

MR. BRENNAN: And you shared with us that he provided you a number of text messages between him and the defendant.

796 6:27:35

797 6:27:49

PARENTHETICAL: [unclear]

798 6:27:35

MR. BRENNAN: You began to explain that you vet information during your investigation.

799 6:27:40

MR. BUKHENIK: Yes, we do.

800 6:27:41

MR. BRENNAN: What did you tell him you were going to do with the messages he was giving you?

801 6:27:49

MR. BUKHENIK: I explained to Mr. Higgins that we have in our custody and will eventually get into both the defendant's phone and Mr. O'Keefe's phone — so that, to protect his integrity as a law enforcement official, I told him that the information he was providing better be true and accurate, or else he would suffer the consequences of the

802 6:28:16

MR. BRENNAN: Did you in fact vet what he gave you?

803 6:28:21

804 6:28:21

MR. BRENNAN: And before you vetted it, did he make any changes, additions, or subtractions from that information?

805 6:28:31

MR. BUKHENIK: No, he did not.

806 6:28:33

MR. BRENNAN: And when you vetted that information, was there anything different from the alternative source — that being the defendant's phone — from his phone?

807 6:28:47

MR. BUKHENIK: Not that I noticed. No.

808 6:28:50

MR. BRENNAN: That exhibit — or that document — has been marked for identification. I'd like to introduce it as an exhibit. Is there — apologies. I'll need to look. I don't know the number off hand. I think the clips might have it. It's marked for identification.

809 6:29:18

COURT CLERK: No — it's actually — it was E. Now it's — oh, it was introduced. I didn't realize — this has been introduced as Exhibit 15.

810 6:29:34

MR. BRENNAN: As part of your investigation, did you look to see if there was any animosity or difficulty between Mr. Higgins and Mr. O'Keefe prior to Mr. O'Keefe's death?

811 6:29:53

812 6:29:53

MR. BRENNAN: Did you look at text message records to see if there was any motive that was evidenced in those text messages for Mr. Higgins to want to murder Mr. O'Keefe?

813 6:30:13

MR. BUKHENIK: I did look.

814 6:30:15

MR. BRENNAN: Can I approach?

815 6:30:17