Day 25 - June 2, 2025

Yannetti recalled Jonathan Diamandis to authenticate the nine-person group text chain (Exhibit Triple N) before the jury, following the prior day's voir dire and admissibility hearing. Diamandis confirmed he recognized the document as a portion of a text chain that had existed for over 10 years among Canton high school friends. He identified his own phone number and a text he sent, confirmed his phone was passcode-protected, and identified Michael Proctor as the participant listed as 'local user.' Diamandis also noted Proctor's nicknames were 'Chip' and 'Bear.' Yannetti offered the exhibit into evidence subject to the court's prior rulings on admissibility.

Prosecutor Brennan conducted a methodical cross-examination of Jonathan Diamandis, reading through Michael Proctor's text messages from the friend group chain (Exhibit 209, covering 38,777 messages). Brennan had Diamandis confirm Proctor's texts from January 29 and February 2, 2022, which included crude and derogatory comments about Karen Read, early case theories ('she waffled him,' 'she hit him with her car'), and statements about likely charges. Brennan emphasized that Diamandis was not part of these specific conversations, never responded to or endorsed the inappropriate comments, and would denounce them. Brennan then pivoted to establish that in all of Diamandis's conversations with Proctor, Proctor never suggested planting evidence, framing any defendant, or tampering with evidence in this or any other case. Brennan closed by noting Proctor was fired from the Massachusetts State Police.

In a brief 13-utterance redirect, Yannetti focused on two points from Brennan's cross-examination. First, he established that Michael Proctor was revealing non-public case information — including details about Karen Read's medical conditions — to his high school friend group, and that Diamandis had no independent knowledge of the case. Second, Yannetti addressed Brennan's mention of Proctor's firing by eliciting that Diamandis was unaware Proctor was specifically fired for revealing confidential investigation information and for conduct unbecoming a state trooper and lead investigator.

In a six-utterance recross, prosecutor Brennan responded to Yannetti's redirect by pressing Diamandis on the specifics of Michael Proctor's firing from the Massachusetts State Police. Brennan established that while Diamandis understood the firing was related to the text messages, he did not know that Proctor was specifically not fired for planting or tampering with evidence, nor for compromising the integrity of the investigation's evidence. Diamandis confirmed he lacked knowledge of these distinctions. The exchange aimed to neutralize the defense's redirect implication that Proctor's firing validated broader misconduct concerns.

Officer Kelly Dever, now with Boston PD but formerly Canton PD patrol, testified about her role on the overnight shift of January 28-29, 2022. She was assigned to dispatch after the call came in about a person found in a snowbank. Jackson established that Dever was never interviewed by Canton PD or Massachusetts State Police about her observations that night — her first interview was by a separate law enforcement agency in August 2023. The central confrontation involved Dever's prior statement that she saw Brian Higgins and Chief Berkowitz go into the Sallyport alone with the SUV for 'a wildly long time,' which she now characterized as a 'false memory' after being provided timeline evidence. Jackson also elicited that Boston Police Commissioner Michael Cox summoned Dever — then a rookie — to his office to tell her the department supported her and to 'do the right thing,' something Cox had never done for any of her other cases.

Brennan established that Dever had minimal contact with the defense — one substantive phone call before the first trial and a scheduling call before this trial. He then drew out Dever's account of retracting her Sallyport observation after learning the vehicle arrived 90 minutes after her shift ended, framing it as a good-faith correction based on timeline evidence. The central moment came when Dever testified that during her pre-trial phone call with the defense, team members became 'very aggressive,' raised their voices, and threatened to charge her with perjury when she refused to testify that she saw Higgins and Berkowitz in the garage with the car. Brennan then systematically established that neither Canton PD, Boston PD, Commissioner Cox, nor the Norfolk DA's office ever pressured Dever to shape her testimony in any direction.

On redirect, Jackson systematically dismantled Dever's cross-examination claim that the defense threatened to charge her with perjury, establishing that defense attorneys cannot charge crimes and that Dever had no FBI report documenting the alleged threat. He then re-read Dever's August 2023 statement describing Higgins and Berkowitz alone in the Sallyport with Read's car for 'a wildly long time,' which Dever confirmed was her recollection at the time. Jackson elicited that Dever had said during the defense phone call 'I know you're going to tear me a new one because I'm changing my testimony.' He closed by establishing that Dever is personal friends with Sarah Levinson, watched clips of the trial despite a sequestration order she claimed not to know about, and had never spoken with the DA's office about the case.

On recross, Brennan established that Dever was subpoenaed by the defense, not the Commonwealth, and that the defense never informed her about the sequestration order. He highlighted that Dever's friendship with Sarah Levinson was disclosed in her 2023 law enforcement interview and was never concealed. Brennan then returned to the central theme from cross — that the defense pressured Dever when she told them she had made a mistake about seeing Higgins and Berkowitz in the Sallyport. Dever testified that the defense 'wanted me to repeat a lie' and threatened perjury charges if she did not comply. Brennan closed by asking why Dever chose to testify truthfully despite the pressure, and Dever responded that her career depends on her credibility: 'If I were to lie, I lose my job. I lose everything.'

In a brief re-redirect of just 18 utterances, Jackson returned to Dever's recross testimony that her career depends on her credibility as a witness. He reframed that logic against her: if she agreed with her August 2023 statement about Higgins and Berkowitz being alone in the Sallyport, she would be implicating two fellow law enforcement officers. Dever resisted the framing, insisting the statement was not true, but Jackson closed by highlighting the tension — her career incentive cuts both ways, potentially motivating her to protect colleagues rather than simply tell the truth.

In a brief re-recross of 16 utterances, Brennan asked Dever a series of pointed questions about what she told law enforcement agents during her interviews. Dever confirmed she never implicated Higgins or Berkowitz in evidence tampering, framing, or touching the defendant's vehicle. When asked directly whether she was protecting anyone, Dever responded 'I have no one to protect.' Judge Cannone then excused the witness and sent the jury to morning recess.