Commonwealth v. Read — Trial ArchiveEvan Brent - Direct/Cross/Redirect
200 linesMR. LALLY: Yes, your honor. The Commonwealth calls Evan Brent to the stand.
JUDGE CANNONE: Okay.
PARENTHETICAL: [inaudible — oath]
MR. BRENT: Yes.
JUDGE CANNONE: Good morning.
MR. BRENT: Good morning.
JUDGE CANNONE: All right. Go right ahead, Mr. Lally.
MR. LALLY: Thank you, your honor. Good morning, sir.
MR. BRENT: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. BRENT: My name is Evan Brent. B-R-E-N-T.
MR. LALLY: And what do you do for work, sir?
MR. BRENT: I work for the Massachusetts State Police.
MR. LALLY: And how long have you been a trooper with the Massachusetts State Police?
MR. BRENT: For just under eight years.
MR. LALLY: And in what capacity do you currently work with the State Police?
MR. BRENT: Currently, I am a sergeant and I am assigned to the Leominster barracks.
MR. LALLY: Now, going back to when you initially joined the state police, did you undergo any training?
MR. BRENT: Yes, I did.
MR. LALLY: And could you please describe for the jury generally speaking what that training consisted of?
MR. BRENT: I went to the state police academy in New Braintree. I attended the 83rd recruit training troop from August 2017 until January of 2018, and I learned about different topics that you would expect to learn about at an academy, such as criminal law and procedure and motor vehicle law, to name a few.
MR. LALLY: Now, when you joined the state police, where were you initially assigned?
MR. BRENT: I was initially assigned to the Holden barracks.
MR. LALLY: And how long were you at that barracks?
MR. BRENT: For about three or four months.
MR. LALLY: And where did you go from there?
MR. BRENT: I went to the Charlton barracks.
MR. LALLY: And how long were you in Charlton?
MR. BRENT: For a little over a year.
MR. LALLY: And then following Charlton, where did you go from there?
MR. BRENT: I went to a unit called crime scene services.
MR. LALLY: Now, what specialized training did you receive in relation to that work with the crime scene services section unit?
MR. BRENT: New members assigned to crime scene undergo a progressive training program that consists of completing a series of modules, each of which has assigned readings and a written test for each one. It moves on to assisting in the lab and then eventually assisting in the field. There is additional assigned readings, classroom instruction, and it concludes with a series of competency tests that must be passed before you are assigned your own casework.
MR. LALLY: Now, when you're working for the crime scene services section, how are you assigned to a particular case or investigation?
MR. BRENT: As cases come in, if you're on call, you typically would own that case if it's your call day, if something comes into the lab or something you need to respond to.
MR. LALLY: And how long do those on-call periods typically last for?
MR. BRENT: Typically, when I was there in Maynard, it was 24 hours. So you would own a day starting at 7:00 in the morning and it would go all the way until 7 the next morning.
MR. LALLY: Now, how big of an area does that particular unit, the crime scene services section — how big of an area does it cover?
MR. BRENT: The Maynard lab covers somewhere between, I think, 50 and 55 different municipalities.
MR. LALLY: Now, sir, were you working with the state police crime scene services section on February 3rd of 2022?
MR. BRENT: Yes, I was.
MR. LALLY: And where were you requested to go on that date?
MR. BRENT: I was requested to respond to an address in Canton.
MR. LALLY: And do you recall what that address was?
MR. BRENT: It was 34 Fairview.
MR. LALLY: And approximately what time did you arrive at that location on Fairview Road?
MR. BRENT: It was about 9:45 in the morning.
MR. LALLY: And who did you meet upon your arrival there?
MR. BRENT: I met with several members of the State Police Detective Unit for Norfolk County.
MR. LALLY: And do you recall specifically who those members of the state police detective unit were?
MR. BRENT: Yes, there was Lieutenant Tully, Sgt. Bukhenik, Trooper Proctor, Trooper De Castro, and Trooper Moore.
MR. LALLY: And when you arrived there, what were you asked to document on that occasion?
MR. BRENT: There was a search effort, digging through some snow banks that they were looking for some items. They wanted me to document it with photography.
MR. LALLY: Now during that search effort were items located and recovered?
MR. BRENT: Yes.
MR. LALLY: Now can you describe for the jury the process of item recovery that you observed there on that day?
MR. BRENT: So once an item was excavated I would be alerted. I would come over. I would document the item in its place and then one of the detectives would use a gloved hand and that item would be bagged and documented on the bag.
MR. LALLY: And was that the same with respect to each item that was photographed by you and then bagged by the state police detective unit?
MR. BRENT: Yes.
MR. LALLY: Now, if I could just ask you if you could expound a little — when you say excavated, what do you mean by that? What did you see being done that day?
MR. BRENT: They were digging with shovels.
MR. LALLY: And as far as the items that were recovered, do you recall where they were in relation to the snow pile and the ground itself?
MR. BRENT: Some were on top of the snow. So there was some significant snow melt. I think that day it was raining out and it was much warmer than it was the previous 3 days. So some had been revealed by this melted snow. So they were on top. Others were under a foot, foot and a half of snow.
MR. LALLY: Now what kind of instruments or tools do you use in addition to your camera when you're photographing items?
MR. BRENT: So items of interest would be documented with a scale. So that way it would show how big the item is.
MR. LALLY: And why is it that you use a scale as far as photographs are concerned when it comes to certain items?
MR. BRENT: Because some of the photos you wouldn't be able to tell how big the item is or proportionally what it looks like. So the scale is just a little ruler that shows exactly how big the item is.
MR. LALLY: Now sir, upon your completion of documenting recovery of items at Fairview Road, were you asked to go anywhere else?
MR. BRENT: Yes, I was.
MR. LALLY: And where were you asked to go?
MR. BRENT: I was asked to go to an address, 1 Meadows Road.
MR. LALLY: And who went with you there?
MR. BRENT: Trooper Proctor.
MR. LALLY: And once there, what were you asked to document or memorialize?
MR. BRENT: At that secondary location of 1 Meadows A, there was a vehicle in the driveway that he wanted me to document.
MR. LALLY: And was that a Chevrolet Traverse? Is that correct?
MR. BRENT: Yes.
MR. LALLY: And were you asked to document anything else with respect to the home adjacent to that driveway?
MR. BRENT: There was a camera up above the garage that he had pointed out. So I just documented that as well.
MR. LALLY: Thank you. Your honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: We were showing you a disc. Do you recognize that?
MR. BRENT: Yes.
MR. LALLY: And what do you recognize that to be?
MR. BRENT: It's a disc of crime scene photos.
MR. LALLY: And the photos on that disc, are those the photos that you took at each of those respective locations on February 3rd, both 34 Fairview and 1 Meadows A?
MR. BRENT: Yes.
MR. LALLY: And what's contained on that disc and those photos — is that a fair and accurate portrayal of what you observed at each of those respective locations that day?
MR. BRENT: Yes, it is.
MR. LALLY: I'll seek to introduce as the next exhibit, and same caveat —
MR. JACKSON: As long as that's all that's on that disc, we have no objection.
JUDGE CANNONE: Okay, it's coming in. Exhibit 135.
MR. LALLY: And your honor, may I approach the witness again?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm handing you a series of seven photographs. Do you recognize generally what's depicted in those seven photographs?
MR. BRENT: Yes.
MR. LALLY: And in the first five of those photographs, is that essentially taking photographs as you walk around the Chevrolet Traverse in the driveway that day?
MR. BRENT: Yes, that is correct.
MR. LALLY: And the last two were of the garage doors at 1 Meadows A. Is that correct?
MR. BRENT: Yes, sir. [unintelligible — exhibit admission] Exhibit 136.
MR. LALLY: And your honor, with the court's permission, may I publish those photographs in relatively short fashion with the jury?
JUDGE CANNONE: Sure.
MR. LALLY: Miss Gilman, if I could have photograph 7749. And Trooper, just briefly, what are we looking at in this photograph?
MR. BRENT: The front entrance to that address, 1 Meadows A.
MR. LALLY: Miss Gilman, 7752. And Trooper, same question. What are we looking at here?
MR. BRENT: That was the vehicle in question.
MR. LALLY: And if you could, Trooper, just describe, perspective-wise, what portion of the vehicle we're looking at in this photograph.
MR. BRENT: So you're looking at an angle view of a Chevy Traverse, the back of the vehicle, and part of the driver's side.
MR. LALLY: And Miss Gilman, 7758. And what part of the vehicle does this depict, Trooper?
MR. BRENT: The rear of the vehicle.
MR. LALLY: And Miss Gilman, 7759. And again, Trooper, what portion of the vehicle in this photograph?
MR. BRENT: This is going to be an angle view of the rear of the vehicle and the passenger side.
MR. LALLY: And Miss Gilman, 7769. And again, Trooper, what portion of the vehicle in this photograph?
MR. BRENT: This is the front of the vehicle.
MR. LALLY: And Miss Gilman, 7771. Again, Trooper, what are we looking at in this photograph?
MR. BRENT: An angle view of the front of the vehicle and the driver's side.
MR. LALLY: And Miss Gilman, if I could have 7777. And again, Trooper, what are we looking at in this photograph?
MR. BRENT: This is the driver's side rear quarter panel.
MR. LALLY: And Miss Gilman, 7791. Now, you also took photographs of the garage doors at 1 Meadows A. Is that correct?
MR. BRENT: Yes, sir.
MR. LALLY: Okay. And how many garage doors did you observe there that day?
MR. BRENT: Two garage doors.
MR. LALLY: And which of the two was this?
MR. BRENT: This is going to be the right garage door.
MR. LALLY: And Miss Gilman, if I could have 7795. And which of the two garage doors is this, Trooper?
MR. BRENT: This will be the left garage door.
MR. LALLY: Thank you very much, Miss Gilman. Thank you very much. You can take those down. Now, Trooper Brent, from your observations of those photographs and your observations personally, visually on scene February 3rd at 1 Meadows A, what damage did you observe to the garage doors at that residence?
MR. BRENT: I did not observe any damage to them.
MR. LALLY: And again, both from your view of those photographs and your in-person visual observations of the Chevy Traverse from all angles on that date of February 3rd, what damage did you observe to that Chevy Traverse?
MR. BRENT: I observed no visible damage.
MR. LALLY: Thank you, sir. No further questions, Your Honor.
JUDGE CANNONE: All right. Any questions, Mr. Yannetti?
MR. YANNETTI: Yes, one moment. Sorry. Good morning, Trooper.
MR. BRENT: Morning, sir.
MR. YANNETTI: To be clear, the Chevy Traverse that you photographed at 1 Meadows A — you did so on February 3rd of 2022. Correct?
MR. BRENT: Yes, sir.
MR. YANNETTI: And you realize at the time that was 5 days after the incident in question, which was January 29th of 2022.
MR. BRENT: 5 days after, not prior.
MR. YANNETTI: Did I say prior?
MR. BRENT: You did.
MR. YANNETTI: Thank you for correcting me, because you're right. Five days after. You were photographing it five days after January 29th. Correct.
MR. BRENT: Yes, sir.
MR. YANNETTI: And it's fair to say, sir, that your earliest involvement in the case was February 3rd of 2022. Correct?
MR. BRENT: Yes, sir.
MR. YANNETTI: So you don't know, and you didn't know at the time, who had access to that Traverse during those five days. Correct.
MR. BRENT: That is correct.
MR. YANNETTI: Now, as of February 3rd of 2022, you — I believe you testified you were part of the crime scene services section of the Massachusetts State Police. Correct?
MR. BRENT: Yes, sir.
MR. YANNETTI: You met former Trooper Michael Proctor on February 3rd at 34 Fairview Road in Canton.
MR. BRENT: Yes, I did.
MR. YANNETTI: At the time, did you know you were at the home of a Boston police officer named Brian Albert?
MR. BRENT: I did not.
MR. YANNETTI: And February 3rd was the first and only time that you responded to 34 Fairview Road. Correct.
MR. BRENT: That is correct.
MR. YANNETTI: With regard to anything that you saw on the lawn or on the snow that day, you have no personal knowledge as to how any of those items got there. Correct.
MR. BRENT: I do not.
MR. YANNETTI: And 5 days after January 29th, you had no personal knowledge at the time of who had access to that front lawn during those 5 days. Correct.
MR. BRENT: That is correct.
MR. YANNETTI: You had no information that a guard had ever been posted near that lawn.
MR. BRENT: Not that I'm aware of.
MR. YANNETTI: And when you got there, there was no crime scene tape.
MR. BRENT: Correct. No, there was not.
MR. YANNETTI: There was no tent?
MR. BRENT: No.
MR. YANNETTI: Other than the police officers standing there on February 3rd, the lawn was open to anyone who wanted to look at it, just like any other lawn on the street. Right.
MR. BRENT: I'm unaware of that. I don't know.
MR. YANNETTI: Now, in terms of your actions that day in documenting the scene with photographs, you did not write a report on what you saw and what you photographed. Correct.
MR. BRENT: I took notes of what I saw and what I photographed.
MR. YANNETTI: Michael Proctor was the one to write the report in which he reported that you were the photographer on scene. Correct.
MR. BRENT: I don't know what Michael Proctor did for a report, so I can't testify to that.
MR. YANNETTI: Okay. But you didn't write a report.
MR. BRENT: I wrote a report of what I did, showing up at the scene and taking photos and then submitting those photos to the Norfolk County Detectives Unit.
MR. YANNETTI: You knew at the time that Michael Proctor was the lead investigator on the case, correct?
MR. BRENT: Yes, I did.
MR. YANNETTI: And with regard to other dates in February, on February 8th of 2022, were you asked to go back to 34 Fairview Road to document and photograph anything found on that day?
MR. BRENT: I do not believe so. No.
MR. YANNETTI: What about February 10th?
MR. BRENT: No.
MR. YANNETTI: February 11th.
MR. BRENT: Again, my only involvement was on February 3rd. So that means that on
MR. YANNETTI: February 18th, nearly 3 weeks after January 29th, you were not asked to go back to 34 Fairview to document or photograph anything on the lawn that day. Correct.
MR. BRENT: Correct.
MR. YANNETTI: I have nothing further, sir. Thank you.
JUDGE CANNONE: Any questions, Mr. Lally?
MR. LALLY: Very briefly.
JUDGE CANNONE: Okay.
MR. LALLY: Just for clarity, Trooper Brent, you did write a report in relation to your response documentation on February 3rd, 2022. Correct.
MR. BRENT: That is correct.
MR. LALLY: And you mentioned that you also took notes. Is that correct?
MR. BRENT: That is correct.
MR. LALLY: And what did those notes entail?
MR. BRENT: It detailed several items that were collected, my response times, and who else was there on scene.
PARENTHETICAL: [someone]
COURT CLERK: : Thank you. [oath — garbled]
MR. LALLY: Now, when you were there on scene, as far as 34 Fairview on February 3rd, what did you observe — you mentioned that the weather had gotten warmer, some snow had melted. What did you observe specifically as far as the snow accumulation on that front lawn area, in the area of the flag pole at 34 Fairview?
MR. YANNETTI: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: As far as these items, again, when they were recovered, several of these items were under how much snow?
MR. BRENT: I would estimate about — there was one particular item that was about a foot, a foot and a half under the snow.
MR. LALLY: Nothing further.