Trial 2 Trial Day
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Day 2 - April 23, 2025

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

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, Roberts said she had not personally heard Read ask Jennifer McCabe to Google hypothermia and said she had misunderstood the grand-jury question after Jackson called her answer false; she had participated with McCabe in creating a timeline. On recross, Roberts agreed her answer was false and that she had lied under oath, while maintaining it was unintentional and due to a misunderstanding. Jackson also questioned an interrupted 'how long' phrase, but Roberts said she did not recall. 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's closing witnesses were Trooper Guarino, who laid a digital-forensics foundation, and paramedic Daniel Whitley, who testified about Read's demeanor. Yannetti challenged the later 'snarky' characterization using its absence from Whitley's February police interview and the partner-authored patient-care report, and Whitley said the term would not be medically appropriate report language.

  • 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.'
  • Yannetti uses the absence of Whitley's 'snarky' characterization from his February police interview and the partner-authored patient-care record to challenge it; Whitley says 'snarky' would not be medically appropriate report language.
  • 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.
Video thumbnail for Day 2 — Roberts, O'Keefe, Guarino, Whitley 7h 24m
Watch this day Day 2 — Roberts, O'Keefe, Guarino, Whitley Watch with synced transcript →

Procedural — Motions

Motions on Guarino's consolidated exhibits and McCabe health-watch rebuttal preceded ARCCA voir dire scheduling; Judge Cannone separately raised 105+ deleted texts, while an unidentified speaker discussed a 30-day auto-delete policy.

Procedural
Procedural - Motions
50 lines

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 raised concern that 105 or more text messages were deleted and said the pending-case issue needed clarification. A neighboring, unresolved-orator discussion also addressed a 30-day auto-delete policy.

Kerry Roberts — Direct (Part 2)

Kerry Roberts describes the snow-covered body, CPR, injuries, grass beneath O'Keefe, Read's repeated questions, her later party statement, and phone handling.

Direct
Kerry Roberts Hank Brennan
550 lines

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

Jackson cross-examines Kerry Roberts about DA-office contacts, coordination with Jennifer McCabe, and her lack of firsthand knowledge of the grand-jury Google-search testimony.

Cross
Kerry Roberts Alan Jackson
813 lines

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 firsthand-versus-secondhand contradiction in her 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 confirming that she never heard Karen Read ask McCabe to 'Google hypothermia'; after Jackson said her grand jury answer was false, Roberts responded that she had misunderstood Lally's question.

Kerry Roberts — Redirect/Recross

Roberts's redirect and recross dispute her grand-jury Google-hypothermia testimony; recross includes her false-answer admission, while the page closes with tail-light video playback and the lunch recess.

Redirect
Kerry Roberts Hank Brennan
235 lines

Hank Brennan conducted redirect examination of Kerry Roberts after cross-examination. He asked Roberts whether she had told the grand jury that she actually heard Karen Read ask McCabe to Google hypothermia; Roberts answered that she had not. When asked what she meant by 'at one point,' Roberts said she did not know at what time it was done. Brennan also addressed Roberts's communications with McCabe and others, Roberts's recollection of Read's two 5:00 a.m. phone calls, the shoes-off house rule, and her observation of tail light damage despite the missing Ring video segment. On later questioning, Alan Jackson read the grand-jury question asking what Read said to McCabe 'that you heard'; Roberts said she misunderstood that question.

Recross
Kerry Roberts Alan Jackson
61 lines

Alan Jackson conducted a focused recross-examination about Kerry Roberts's grand jury testimony concerning the Google hypothermia search. He walked through the question posed to Roberts and pressed her claim that she had misunderstood it. Roberts maintained that she misunderstood the question but admitted her answer was false and that she lied under oath, while saying it was not intentional. Jackson then asked about Roberts's interrupted phrase 'how long,' including whether it could refer to 'how long to die in cold'; Roberts said she did not recall. Jackson attempted to play a video clip, prompting a break request from Brennan; the adjacent proceeding then played the clip, in which Read said she picked small tail-light pieces from the housing at John's and dropped them in O'Keefe's driveway, before the lunch recess.

+1 procedural segment

Margaret O'Keefe — Direct

Margaret O'Keefe recounts learning of John's death, Read's statements and hospital conduct, and the later home visit; the defense waived cross-examination.

Direct
Margaret O'Keefe Hank Brennan
198 lines

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. Her father asked to retrieve a couple of her things; Margaret did not see them go upstairs or know what they did or took, but testified that she could hear them upstairs for an estimated 10 to 15 minutes. Margaret now raises John's niece and nephew full-time in Canton.

+1 procedural segment

Procedural — Motions

Sidebar dispute over two video clips of Karen Read's statements: Brennan argued consciousness of guilt, Jackson withdrew his objection to clip 4, and the judge reserved ruling on clip 5.

Procedural
Procedural - Motions
44 lines

ADA Brennan sought to introduce two video clips (labeled 4 and 5) of Karen Read's statements. Clip 4 showed Read describing feeling watched warily and uncomfortable at the O'Keefe home, and saying she wanted to leave because she believed John's mother thought she had done something to John. Brennan argued that removing the Lexus with the broken tail light from the scene was consciousness of guilt evidence. Jackson said he disagreed with that argument but withdrew his objection to clip 4, which was admitted. 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 explains phone-extraction methods, hash-based data integrity, and the foundational forensic work involving phones tied to O'Keefe, Read, Roberts, and McCabe.

Direct
Nicholas Guarino Hank Brennan
356 lines

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

Paramedic Daniel Whitley describes Read's statements, demeanor, and hospital transport; cross-examination challenges the later 'snarky' account and explores his Canton connections. The court then releases the jury.

Direct
Daniel Whitley Hank Brennan
161 lines

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 lines

David Yannetti cross-examined paramedic Daniel Whitley about the emergency response at 34 Fairview Road. Yannetti asked whether anyone came out of the house; Whitley said he would not have known the homeowner and was not focused on the house. Yannetti also explored Whitley's neighborhood acquaintance with Kerry Roberts and school connection to Michael Proctor, contrasting those contacts with Whitley's lack of connection to Karen Read. The cross then focused on Whitley's characterization of Read as 'snarky.' Whitley said he did not think he mentioned snarkiness in the February 2022 police interview. Yannetti compared that omission with a patient care record describing Read as crying, visibly upset, and cooperative; Whitley said the report was his partner's and that 'snarky' would not be medically appropriate report language.

+1 procedural segment
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