Trial 2 Trial Day
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Day 2 - April 23, 2025

Judge Beverly J. Cannone · Trial 2 · 10 proceedings · 2,801 utterances

Day 2 of 36
Appearing:

Kerry Roberts's credibility collapses under cross-examination after admitting false grand jury testimony about the Google hypothermia search, while Margaret O'Keefe recounts Karen Read telling her 'I left him there.'

Full day summary

Day 2 centered on Kerry Roberts, whose testimony across direct, cross, redirect, and recross occupied most of the day. On direct, Roberts described finding O'Keefe's snow-covered body, performing CPR, and Read's repeated 'Did I hit him?' questions at the scene. On cross, Alan Jackson extracted Roberts's admission that she testified falsely before the grand jury about hearing Read ask Jennifer McCabe to Google hypothermia — a statement she had never witnessed, drawn instead from a timeline she and McCabe constructed together. Recross pressed further, with Roberts conceding she lied under oath and Jackson highlighting an interrupted 'how long' phrase suggesting possible knowledge of the full search term. Margaret O'Keefe then gave brief but emotionally significant testimony recounting Read's statement that she 'left him at the party' and her agitated behavior at the hospital. The day closed with foundational digital forensics testimony from Trooper Guarino and paramedic Daniel Whitley, whose 'snarky' characterization of Read was undermined when Yannetti showed it appeared in none of Whitley's contemporaneous records.

  • Kerry Roberts admits her grand jury testimony that she heard Read ask McCabe to Google hypothermia was false — she had never witnessed the exchange and relied on a timeline she and McCabe created together.
  • On recross, Roberts concedes she lied under oath at the grand jury, and Jackson presses an interrupted 'how long' phrase suggesting she may have known the full Google search phrase.
  • Margaret O'Keefe testifies that Read told her by phone the morning of January 29: 'We went to a party. I left him there.'
  • Paramedic Whitley's characterization of Read as 'snarky' is shown to be absent from his contemporaneous patient care record and his police interview ten days after the events.
  • Judge Cannone reserves ruling on a video clip of Read claiming that Margaret O'Keefe told her John 'looked like he was hit by a car' — a statement Peggy O'Keefe denied on the stand.
Kerry Roberts
“I did not hear her ask that. I was told she was asked that.”
The admission that defines the day — Roberts acknowledges she never personally heard the Google hypothermia exchange, undermining a core prosecution narrative point and revealing her grand jury testimony was built on McCabe's account rather than her own memory.
Kerry Roberts
“I did.”
The recross culmination: after Jackson walks through the exact grand jury question, Roberts drops the hedge and acknowledges outright that she lied under oath — the starkest credibility moment of the trial so far.
Margaret O'Keefe
“She um — I asked her what happened and she said, 'We went to a party. I left him there.' I said, 'You just left him there?' She said, 'Yes, I just left him there.'”
Read's own words to John O'Keefe's mother on the morning his body was found — 'I left him there' — delivered by the witness most likely to provoke jury sympathy and least likely to be cross-examined.

Procedural - Motions

Pre-testimony motions addressing prosecution's consolidated phone/text PowerPoint exhibits, Jennifer McCabe health watch data as potential rebuttal, and scheduling of ARCCA expert voir dire for Monday.

Procedural
Procedural - Motions
50 utt.

ADA Brennan informed the court he consolidated Trooper Guarino's text message and phone call exhibits into a chronological PowerPoint for easier presentation, noting the content is unchanged from Trial 1. He also disclosed a second PowerPoint containing Jennifer McCabe's health watch heart rate data from midnight onward, offered as potential rebuttal if the defense raises the 2:27 a.m. phone call, arguing the data is inconsistent with a criminal conspiracy. Judge Cannone granted the defense time to review the materials and deferred Guarino's testimony. Separately, the parties discussed scheduling a Monday afternoon voir dire for ARCCA defense experts from Pennsylvania, with Judge Cannone ordering that any contemplated testing be completed by then. The judge also raised concerns about 105+ deleted text messages and a 30-day auto-delete policy, signaling those issues would be addressed at the voir dire.

Kerry Roberts - Direct (Part 2)

Kerry Roberts describes finding John O'Keefe's snow-covered body at 34 Fairview, performing CPR, observing his injuries at the scene and hospital, and her handling of O'Keefe's cell phone.

Direct
Kerry Roberts Hank Brennan
550 utt.

Kerry Roberts continued her direct examination, describing the tail light damage on Karen Read's Lexus — a missing piece with protruding metal — and Read's repeated question, 'Do you think I hit him?' Roberts recounted finding O'Keefe's body fully covered in snow at 34 Fairview, digging snow from his face with bare hands, observing his swollen right eye and blood from his nose and mouth, and performing CPR until paramedics arrived. She testified that she felt no glass on his face and saw grass with no snow beneath where he lay. Roberts described Read's frantic behavior at the scene, her statements ('Did I hit him? Is he dead?'), and a later phone call where Read told the O'Keefes she 'left him at a party.' Roberts also testified about picking up O'Keefe's cell phone from where his body had lain and keeping it in her pocket until giving it to a first responder, and about her subsequent contacts with victim advocates and law enforcement.

Kerry Roberts - Cross

Defense attorney Jackson cross-examines Kerry Roberts about her contacts with the DA's office, coordination with Jennifer McCabe before law enforcement interviews, and false grand jury testimony about a Google search.

Cross
Kerry Roberts Alan Jackson
813 utt.

Alan Jackson conducted an extensive cross-examination of Kerry Roberts focusing on three main areas: her approximately 50 communications with the DA's office (including victim advocate Steve Nelson, Trooper Bukhenik, and DA Morrissey), her repeated coordination with Jennifer McCabe before giving statements to law enforcement, and a critical admission about false grand jury testimony. Jackson used surveillance video from the O'Keefe driveway Ring camera to demonstrate Roberts's faulty memory about when Karen Read pointed out the damaged tail light. He then methodically walked through each of Roberts's five statements to law enforcement, establishing that McCabe was present or in contact before nearly every one. The cross culminated with Roberts admitting she testified before the grand jury that she heard Karen Read ask McCabe to 'Google hypothermia,' when she never actually heard that — a claim she attributed to a timeline she and McCabe had created together.

Kerry Roberts - Redirect/Recross

Kerry Roberts testifies on redirect and recross, with the disputed 'Google hypothermia' claim as the central issue.

Redirect
Kerry Roberts Hank Brennan
235 utt.

Hank Brennan conducted redirect examination of Kerry Roberts to rehabilitate her credibility after cross-examination. He walked Roberts through her grand jury transcript to establish she never claimed to have personally heard Karen Read ask McCabe to Google hypothermia — she had prefaced her answer with 'at one point,' indicating she was relaying secondhand information. Brennan addressed Roberts's communications with McCabe and others as natural responses to shared trauma rather than coordination. He elicited Roberts's independent recollection of Read's two 5:00 a.m. phone calls, including Read's statement that she thought O'Keefe 'got hit by a plow.' Brennan also highlighted that Roberts and McCabe removed their shoes before entering O'Keefe's house while Read did not, and confirmed Roberts saw the tail light damage despite no Ring video capturing that moment.

Recross
Kerry Roberts Alan Jackson
61 utt.

Alan Jackson conducted a focused recross-examination hammering on Kerry Roberts's grand jury testimony about the Google hypothermia search. He walked through the exact question posed to Roberts at the grand jury — asking what she heard Read say to McCabe in the back of the cruiser — and pressed her on how she could have 'misunderstood' a question that explicitly asked what she heard. Roberts maintained she misunderstood the question but admitted her answer was false and constituted a lie under oath. Jackson then highlighted Roberts's interrupted phrase 'how long' — suggesting she was about to say 'how long to die in cold,' the full Google search phrase — which Roberts said she did not recall. Jackson attempted to play a video clip, prompting a break request from Brennan, after which the court recessed for lunch.

+1 procedural segment

Margaret O'Keefe - Direct

Margaret O'Keefe, John O'Keefe's mother, testifies about her family, learning of her son's death, and interactions with Karen Read at the hospital and later at John's home.

Direct
Margaret O'Keefe Hank Brennan
198 utt.

Margaret O'Keefe introduces herself as John O'Keefe's mother and describes the family's history of loss — her daughter Kristen died of cancer in 2013, followed by Kristen's husband two months later, leaving two young children (ages 3 and 6) whom John became primary guardian for. She recounts the morning of January 29, 2022: Kerry Roberts called around 6:15 AM to say John had been found in a snowbank, then drove Margaret and her husband to Good Samaritan Hospital. During the car ride, Margaret spoke with Karen Read by phone, who said 'We went to a party. I left him there.' At the hospital, Margaret heard Read yelling from a hallway, 'Is he dead, Peg? Is he dead?' Later that day, Read arrived at John's Canton home with her father and brother, went upstairs for 10-15 minutes to collect belongings, and left without offering condolences or interacting with Margaret. Margaret now raises John's niece and nephew full-time in Canton.

+1 procedural segment

Procedural - Motions

Sidebar argument over admissibility of two video clips of Karen Read's statements, with the prosecution arguing consciousness of guilt and the defense objecting to one clip as prejudicial.

Procedural
Procedural - Motions
44 utt.

ADA Brennan sought to introduce two video clips (labeled 4 and 5) of Karen Read's statements. Clip 4 showed Read describing feeling unwelcome at the O'Keefe home and the family's departure with the Lexus. After hearing Brennan's consciousness of guilt argument, Jackson withdrew his objection to clip 4. Clip 5 contained Read's statement that Peggy O'Keefe told her John looked like he was hit by a car — a claim Peggy O'Keefe denied on the stand. Jackson objected to clip 5 as improper impeachment of the prosecution's own witness and argued the video format was more prejudicial than probative. Brennan countered that the statement qualifies as a party admission, not impeachment. Judge Cannone admitted clip 4 but reserved ruling on clip 5 until the following morning.

+1 procedural segment

Nicholas Guarino - Direct (Part 1)

Trooper Nicholas Guarino testifies about his digital forensics background and the process of extracting data from phones belonging to John O'Keefe, Karen Read, Kerry Roberts, and Jennifer McCabe.

Direct
Nicholas Guarino Hank Brennan
356 utt.

Trooper Nicholas Guarino of the Massachusetts State Police digital forensics unit testified about his qualifications and the technical process of extracting cell phone data using GrayKey hardware/software, Cellebrite, and Magnet AXIOM. He explained hash values as digital fingerprints that verify data integrity, and walked through GrayKey progress reports for O'Keefe's phone (Exhibit 18) and two extractions of Read's phone — a partial download (Exhibit 19) and a full extraction after brute-force passcode recovery in July 2022 (Exhibit 20). Guarino described extracting O'Keefe's and Read's phones, which he received from Sgt. Bukhenik and Trooper Proctor on January 29, 2022, and noted that Trooper Connor Keefe handled the Roberts and McCabe phone extractions. The testimony was foundational, establishing chain of custody and forensic methodology, with Guarino subject to recall for later substantive testimony.

Daniel Whitley - Direct/Cross

Canton paramedic Daniel Whitley testifies about responding to 34 Fairview Road on January 29, 2022, and transporting Karen Read to the hospital under a psychiatric hold. On cross-examination, the defense challenges his characterization of Read's demeanor, noting it appears only in later accounts while highlighting his personal connections to key investigation figures.

Direct
Daniel Whitley Hank Brennan
161 utt.

Daniel Whitley, a Canton Fire Department paramedic since 2006, testified about responding as the second ambulance to 34 Fairview Road on the morning of January 29, 2022. He described arriving in heavy snow with his partner Jason Becker, finding three women near a gray SUV, and recognizing neighbor Kerry Roberts. Whitley recounted transporting Karen Read to the hospital under a Section 12 involuntary psychiatric hold, during which Read repeatedly asked whether her husband could survive outside in the snow without a coat. He described Read's shifting demeanor — cycling between crying and making pointed remarks, including stating she couldn't take care of the children because they weren't hers or his, and reacting dismissively when Whitley mentioned Kerry Roberts's support. At the hospital, Whitley testified that Read was uncooperative with nursing staff, refusing to change into a hospital gown and resisting providing a urine sample, prompting the ambulance crew to remain until security arrived.

Cross
Daniel Whitley David Yannetti
303 utt.

David Yannetti cross-examined paramedic Daniel Whitley, establishing the extensive emergency response presence at 34 Fairview Road — multiple police cruisers, a fire engine, officers, and civilians — while noting that no one from inside the house came out. Yannetti then highlighted Whitley's personal connections to Canton figures, including neighbor Kerry Roberts, school classmate and lead investigator Michael Proctor, and Canton police officers, contrasting those relationships with Whitley's lack of any connection to Karen Read. The core of the cross focused on Whitley's 'snarky' characterization of Read's reaction to Kerry Roberts — Yannetti demonstrated that this description appeared nowhere in the contemporaneous patient care record, was not mentioned in Whitley's February 2022 police interview just 10 days after the events, and only emerged later. The patient care record instead described Read as 'crying and visibly upset, but cooperative.'

+1 procedural segment
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