Commonwealth v. Read — Trial ArchiveJonathan Diamandis - Direct/Cross/Redirect/Recross
401 linesCOURT OFFICER: You are unmuted. Please be seated.
JUDGE CANNONE: So, Mr. Alessi, I was told you wanted to see me.
MR. ALESSI: Yes. Can I just have a moment with Mr. Brennan?
JUDGE CANNONE: Okay. Sure.
MR. ALESSI: With regard to the lawsuits that Dr. Russell — we're not going to agree to that.
JUDGE CANNONE: You don't want to agree?
MR. ALESSI: I've resolved the matter with Mr. Brennan that would have been the subject of that.
JUDGE CANNONE: Okay, great. Thank you very much. So, I appreciate getting the redacted text messages over the weekend. "Miss T and Eddie", this is yours, right? So, Mr. Brennan, I'm letting the text messages in over the Commonwealth's objection. I find that they're properly authenticated and that they do go to — Can I turn the fan off? Yes. Can we turn them? Thank you. So, I do find that they're properly authenticated and I find that they come in as they go to the state of mind of Trooper Proctor, specifically as that goes to potentially reflecting any bias or omissions in the police investigation. So I'll give a limiting instruction at the time they come in. I understand that what was still remaining with disagreement are in orange. So I've got rulings on those.
JUDGE CANNONE: I don't think we need argument. We've heard plenty of argument on this. So, regarding the first page with the numbers, I think we should do it the way I inquired about them last week with just the last two numbers, not the last four. So those redactions will have to be made. I think the first page with disagreement is on page 02537. Is that right?
MR. BRENNAN: Correct.
JUDGE CANNONE: Okay. So the first one from "bird" saying something stinks — I'm going to allow that in. And then there's a message that you both agree to in yellow. And then for the orange, all I'm going to let in out of that is "got to be," and that's where it ends. So you'll have to redact out the rest of that, Mr. Yannetti. And the next page — and the only other one was 02539. Is that right?
MR. BRENNAN: Correct.
JUDGE CANNONE: So that comes out. All right, that's it. I don't know whose objections they were. Those are my rulings. All right. Can we bring the jury in, please?
COURT CLERK: Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable Beverly Cannone, Justice of the Superior Court, now sitting within and for the county of Norfolk, draw near, give your attendance, and you shall be heard. God save the Commonwealth of Massachusetts. This court is in session. Please be seated.
JUDGE CANNONE: Good morning again, counsel. Good morning, Miss Read. Good morning, jurors. I hope you had a nice weekend. I do have those questions I need to ask you. Was everyone able to follow my instructions and refrain from discussing this case with anyone since we left? Everyone said yes or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes or nodded affirmatively. Did anyone happen to see, hear, or read anything about this case since we left last week? Everyone said no. All right. Thank you very much. :
MR. YANNETTI: Thank you very much, your honor. Defense calls Jonathan Diamandis.
COURT OFFICER: You swear the testimony you give to the court and jury in the case now before you to be the truth, the whole truth, and nothing but the truth, so help you God?
MR. DIAMANDIS: I do.
MR. YANNETTI: May I proceed?
JUDGE CANNONE: Thank you. Thank you.
MR. YANNETTI: Good morning.
MR. DIAMANDIS: Morning.
MR. YANNETTI: May I proceed?
JUDGE CANNONE: Yes.
MR. YANNETTI: Good morning, sir. Would you please state your name and spell your last name?
MR. DIAMANDIS: Jonathan Diamandis. D-I-A-M-A-N-D-I-S.
MR. YANNETTI: Sir, do you know former trooper Michael Proctor?
MR. DIAMANDIS: I do.
MR. YANNETTI: How do you know him?
MR. DIAMANDIS: We've been friends since middle school, approximately 30 years.
MR. YANNETTI: And in what town?
MR. DIAMANDIS: Canton, Massachusetts.
MR. YANNETTI: Did you graduate high school with Michael Proctor?
MR. DIAMANDIS: I did.
MR. YANNETTI: When was that?
MR. DIAMANDIS: 2000.
MR. YANNETTI: How close did you remain in contact with Michael Proctor after high school?
MR. DIAMANDIS: Very close.
MR. YANNETTI: Do you have his cell number?
MR. DIAMANDIS: I do.
MR. YANNETTI: How often have you texted him over the years?
MR. DIAMANDIS: Frequently.
MR. YANNETTI: And when you text him, is that direct one-to-one or part of a group chat or both?
MR. DIAMANDIS: Both.
MR. YANNETTI: And I want to direct your attention to one particular group chat that had nine people on it. Do you know the one I'm referring to?
MR. DIAMANDIS: I do.
MR. YANNETTI: And what one is that?
MR. DIAMANDIS: It's one that's been in existence for many years. We've been texting on that text chain for 10 plus years, I would suggest.
MR. YANNETTI: Okay. And over those 10 years, the members of that group chat — I'm not asking you for names, but if you could tell me, where are these people from, how do you know them?
MR. DIAMANDIS: We all grew up together and went to school together at some point.
MR. YANNETTI: All from Canton?
MR. DIAMANDIS: All from Canton.
MR. YANNETTI: And with regard to the nine people on that group chat, you're one of them, correct?
MR. DIAMANDIS: And whether or not Michael Proctor is on that group chat with the rest of your high school friends as well.
MR. YANNETTI: He is. Yes. May I have the exhibit that was marked for identification, please? I apologize. I don't recall the triple letter. Would have been the last one from Friday.
JUDGE CANNONE: You are.
MR. YANNETTI: May I approach the witness for the purpose of showing him this? I've handed you what has been marked Triple N for identification. Do you recognize that, sir?
MR. DIAMANDIS: I do.
MR. YANNETTI: Have you seen that before?
MR. DIAMANDIS: Yes. I was shown it last Friday.
MR. YANNETTI: And what do you recognize it to be?
MR. DIAMANDIS: A portion of our text chain.
MR. YANNETTI: Okay. And when you say a portion, it's a limited time period within a much longer text chain. Is that fair to say?
MR. DIAMANDIS: That's correct.
MR. YANNETTI: And with regard to how you're able to recognize it, I'd like to just ask you a few questions. First of all, on the first page of that document, do you see a series of phone numbers?
MR. DIAMANDIS: I do.
MR. YANNETTI: And do you recognize your phone number on that text chain?
MR. DIAMANDIS: Yes.
MR. YANNETTI: And having reviewed that text chain on Friday, did you see that you had actually sent one text of the whole body of text that's included in what has been marked Triple N for identification?
MR. DIAMANDIS: Yes.
MR. YANNETTI: In order to send that text message as of late January, early February of 2022, did your phone have a passcode on it?
MR. DIAMANDIS: Yes.
MR. YANNETTI: Have you had that for several years?
MR. DIAMANDIS: Yes.
MR. YANNETTI: In order to send a text, do you have to enter the passcode to your phone first to unlock it?
MR. DIAMANDIS: Correct.
MR. YANNETTI: And so it would have been you who sent that message?
MR. DIAMANDIS: Yes.
MR. YANNETTI: And having reviewed the content of that text chain, were you able to identify which entries were typed and sent by Michael Proctor?
MR. DIAMANDIS: Yes.
MR. YANNETTI: Who is he on that text chain?
MR. DIAMANDIS: He's listed as local user.
MR. YANNETTI: Okay. And it says local user and there's a bunch of letters and numbers after that. Correct?
MR. DIAMANDIS: Correct.
MR. YANNETTI: Everybody else is identified by a phone number?
MR. DIAMANDIS: Yes. Or a nickname.
MR. YANNETTI: And actually even the ones with a nickname have a phone number. Correct.
MR. DIAMANDIS: Correct. Yes.
MR. YANNETTI: So three of them have nicknames.
MR. DIAMANDIS: Correct.
MR. YANNETTI: Yeah, I see two on the first page here. Do you see — oh, third on the bottom.
MR. DIAMANDIS: Yes, I see three.
MR. YANNETTI: So you see three there.
MR. DIAMANDIS: Yes.
MR. YANNETTI: And so of the nine, we have three nicknames with phone numbers, right?
MR. DIAMANDIS: Mm-hmm. Yes.
MR. YANNETTI: We have eight phone numbers total, right?
MR. DIAMANDIS: Yes.
MR. YANNETTI: And one local user.
MR. DIAMANDIS: Correct.
MR. YANNETTI: And you've testified the local user is Michael Proctor.
MR. DIAMANDIS: Correct.
MR. YANNETTI: And having known Michael Proctor for as long as you have, does he have any nicknames?
MR. DIAMANDIS: He does.
MR. YANNETTI: And what are his nicknames?
MR. DIAMANDIS: Chip and Bear.
MR. YANNETTI: Chip. C-H-I-P?
MR. DIAMANDIS: Yes.
MR. YANNETTI: And Bear. B-E-A-R.
MR. DIAMANDIS: Correct.
MR. YANNETTI: And having reviewed that text chain, is that a true and accurate document documenting the texts that were sent in that chain for the time period listed on Triple N for identification?
MR. DIAMANDIS: Yes.
MR. YANNETTI: Your honor, I would offer that subject to our discussions outside the presence of the jury.
JUDGE CANNONE: Okay.
MR. YANNETTI: May I take it back from the witness?
MR. DIAMANDIS: Yes.
MR. DIAMANDIS: [unintelligible — "2009"].
MR. YANNETTI: Thank you. No further questions.
MR. DIAMANDIS: Thank you, sir.
MR. BRENNAN: Thank you. Can I have [unintelligible] ready, please? Thank you. Good morning, sir.
MR. DIAMANDIS: Good morning. ADA
MR. BRENNAN: Have we met before?
MR. DIAMANDIS: On Friday I saw you.
MR. BRENNAN: We didn't meet.
MR. BRENNAN: You had been friends with Mr. Proctor for about 30 years?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Are you still friends with him?
MR. DIAMANDIS: I am.
MR. BRENNAN: Are you still close with him?
MR. DIAMANDIS: I am.
MR. BRENNAN: You were on a text chain with Mr. Proctor over the years?
MR. DIAMANDIS: Correct.
MR. BRENNAN: Did that include other friends of yours and Mr. Proctor's? Did the extent of that text chain go back many, many years?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Have you ever looked at any records that summarize some of that text chain?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Did it note that there were over 38,000 texts in that group?
MR. DIAMANDIS: I did notice the number, but it sounds accurate.
MR. DIAMANDIS: ADA
MR. BRENNAN: When there are conversations in that group, do you always respond to the conversation? No.
MR. BRENNAN: There was a particular section or segment of those 38,777 text messages that were shown to you. Did you see that document?
MR. DIAMANDIS: I did.
MR. BRENNAN: Are you familiar with it now that you've seen it?
MR. DIAMANDIS: Now that I've seen it. Yes.
MR. BRENNAN: In that document, are there inappropriate comments that your friend Michael Proctor made about one of his investigations?
MR. DIAMANDIS: There are.
MR. BRENNAN: Was it about this case here?
MR. DIAMANDIS: It was.
MR. BRENNAN: In those inappropriate comments, did other people on that text chain, not you, comment or respond to Mr. Proctor?
MR. DIAMANDIS: Yes.
MR. BRENNAN: In that text chain where Mr. Proctor made inappropriate comments, you did not respond to any of those inappropriate comments, did you?
MR. DIAMANDIS: Correct.
MR. BRENNAN: You're on the text chain at a point later on in conversations, but not relevant to the inappropriate comments.
MR. DIAMANDIS: Correct.
MR. BRENNAN: Did you know that Mr. Proctor was fired by the Massachusetts State Police because of his inappropriate comments?
MR. YANNETTI: Objection.
JUDGE CANNONE: I'm going to allow that.
MR. BRENNAN: May we approach, please?
JUDGE CANNONE: Sure. Last question and answer.
MR. BRENNAN: Sir, do you know if Mr. Proctor was fired from the Massachusetts State Police?
MR. DIAMANDIS: I do.
MR. BRENNAN: Did he tell you why?
MR. DIAMANDIS: Um, it was in connection to this case. I believe it was based on his text messages that were sent to us.
MR. BRENNAN: Based on these comments that are in exhibit, correct? Did you at any time ever defend or endorse these comments?
MR. DIAMANDIS: I did not.
MR. BRENNAN: Did you ever encourage him in his comments?
MR. DIAMANDIS: I did not.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: I've handed you Exhibit 209. Thank you. On the first page ending in the numbers 27 — there's a fuller number, but I'll just use the last two numbers. Bottom right, 27. Is there a number of redacted phone numbers?
MR. DIAMANDIS: I'm sorry?
MR. BRENNAN: On the first page, on the bottom of the page, if you look to the bottom right of the page, there's a number on it.
MR. DIAMANDIS: Oh, yes.
MR. BRENNAN: And then there's — it's blacked out next to it.
MR. DIAMANDIS: Yes.
MR. BRENNAN: The last two numbers — is it 27?
MR. DIAMANDIS: Yes, it is.
MR. BRENNAN: When you look at that first page, does it have a number of redacted phone numbers of different people?
MR. DIAMANDIS: I don't see anything redacted.
MR. BRENNAN: The top box — are there numbers?
MR. DIAMANDIS: There are numbers. Yes.
MR. BRENNAN: Are they partially blacked out?
MR. DIAMANDIS: No. The display names — it just lists phone numbers.
MR. BRENNAN: Okay. Are those numbers you recognize as the group of friends, including Michael Proctor?
MR. DIAMANDIS: They are.
MR. BRENNAN: As you read down that first box and go down to number of messages, do you see that?
MR. DIAMANDIS: Oh, yes.
MR. BRENNAN: Is it 38,777?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Is that for a time period between October 18, 2021 and August 31st, 2022?
MR. DIAMANDIS: Yes.
MR. BRENNAN: I'd like you to look at the third text message that begins with Chip — without saying who it is. Do you recognize that as one of the people in the group?
MR. DIAMANDIS: I do.
MR. BRENNAN: And what did the person write?
MR. DIAMANDIS: Chip. Name of that BPD cop.
MR. BRENNAN: In the time this conversation was happening, were you part of this immediate conversation?
MR. DIAMANDIS: I was not.
MR. BRENNAN: Turn the page. Bottom right number is ending in 28. Do you see that page?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Okay. Instead of a name, there's a local user with an ID. Is that Mr. Proctor's?
MR. DIAMANDIS: Yes, it is.
MR. BRENNAN: And does he respond to Chip — "Name of that BPD cop?"
MR. DIAMANDIS: He does.
MR. BRENNAN: What does he say?
MR. DIAMANDIS: John O'Keefe.
MR. BRENNAN: What is the next question from somebody in the group?
MR. DIAMANDIS: How old?
MR. BRENNAN: And what does Mr. Proctor respond?
MR. DIAMANDIS: He took custody of his sister's kids.
MR. BRENNAN: The next one?
MR. DIAMANDIS: She died of cancer and the father overdosed on her grave.
MR. BRENNAN: And then one of the group sends a message. What do they say?
MR. DIAMANDIS: Oh man, that's rough.
MR. BRENNAN: And what's Mr. Proctor's response?
MR. DIAMANDIS: Mid-40s.
MR. BRENNAN: Does somebody in the group then post a Facebook posting?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Do you know what that's about?
MR. DIAMANDIS: I do not.
MR. BRENNAN: If you could turn the page ending bottom right 29.
MR. DIAMANDIS: Yes.
MR. BRENNAN: Somebody in the group asks another question.
MR. DIAMANDIS: Yes.
MR. BRENNAN: What do they say?
MR. DIAMANDIS: What's that? Don't have the book anymore.
MR. BRENNAN: If you could just speak up just a little — it's hard to hear with the fan on. Not your — the microphone.
MR. DIAMANDIS: Sure.
MR. BRENNAN: What's that?
MR. DIAMANDIS: Don't have the book anymore.
MR. BRENNAN: How does Mr. Proctor respond?
MR. DIAMANDIS: This one is a nightmare. Forget about the kids. That's awful.
MR. BRENNAN: And then I'd like you to go down to Mr. Proctor's next comment.
MR. DIAMANDIS: But all the powers that be want answer ASAP.
MR. BRENNAN: And what does one of the group respond with?
MR. DIAMANDIS: Gotcha.
MR. BRENNAN: Mr. Proctor — couldn't open it either. Do you know what he was talking about when he said he couldn't open it?
MR. DIAMANDIS: I'm guessing the Facebook link.
MR. BRENNAN: I'd like you to turn forward to bottom right 31. Do you see what that is?
MR. DIAMANDIS: Yes, I do.
MR. BRENNAN: What is it?
MR. DIAMANDIS: John O'Keefe's Facebook page.
MR. BRENNAN: What does it tell us about John O'Keefe?
MR. DIAMANDIS: He went to Braintree High School, studied criminal justice at Northeastern, joined Facebook in 2008.
MR. BRENNAN: Turn the page, please. The first line from Bird — and I'll note this is January 29, 2022 at 10:56:39 p.m. Did I read that accurately?
MR. DIAMANDIS: Yes.
MR. BRENNAN: And what does the person say?
MR. DIAMANDIS: I'm sure the owner of the house will receive some shit.
MR. BRENNAN: And could you read Mr. Proctor's two responses?
MR. DIAMANDIS: Nope. Homeowner is a Boston cop, too.
MR. BRENNAN: If you could turn to the next page ending on 33. This is January 29th, 2022 at 10:57:21 p.m. Could you read Mr. Proctor's two comments?
MR. DIAMANDIS: She waffled him. I looked at his body at the hospital.
MR. BRENNAN: And one of the group asks a question — "she waffled him" in quotation marks. And how does he respond?
MR. DIAMANDIS: He was banged up.
MR. BRENNAN: Somebody in the group asks another question. What do they ask?
MR. DIAMANDIS: I thought he was drunk. Did he get beat up?
MR. BRENNAN: And Mr. Proctor's response?
MR. DIAMANDIS: Nope.
MR. BRENNAN: Turn to the next page ending in 34. This is at around 10:58:06 p.m. running through 10:59 p.m. Another question from the group. What did they ask?
MR. DIAMANDIS: So the owner of the cop — was the owner of the house — was a woman cop that beat him?
MR. BRENNAN: And Mr. Proctor's two responses?
MR. DIAMANDIS: That's what I initially thought after talking to Canton paramedic. Then I saw the guy.
MR. BRENNAN: One of the group asks further down — what does — sir, if you could either speak much louder or bring the microphone closer. It's — we have a couple fans back here. It's just difficult to hear.
MR. DIAMANDIS: Okay. Sorry about that.
JUDGE CANNONE: That's not your fault. If we can keep our voice up.
MR. BRENNAN: So one of the group asks what does "she waffled him" mean, and then asks what's the story. Does Mr. Proctor respond?
MR. DIAMANDIS: He does.
MR. BRENNAN: What does he say?
MR. DIAMANDIS: She hit him with her car.
MR. BRENNAN: Turn to the next page, please. Ending in 35. And these texts are from 10:59 p.m. to 11:00 and 8 seconds p.m. The person by the name of Bird asks a question. What does he ask, or what does he say?
MR. DIAMANDIS: Okay, that's fucked up.
MR. BRENNAN: How does Mr. Proctor respond?
MR. DIAMANDIS: Intentional or not?
MR. BRENNAN: And somebody in the group again?
MR. DIAMANDIS: Gotcha.
MR. BRENNAN: He was frozen in the driveway and she didn't see him. Mr. Proctor's two responses?
MR. DIAMANDIS: That's another animal we won't be able to prove. The next one: they arrived at the house together, got into an argument, she was driving, and left.
MR. BRENNAN: What does the friend say? What's the name of the Canton cop living in Canton? The other one involved. What does Mr. Proctor say?
MR. DIAMANDIS: [unintelligible — garbled name]
MR. BRENNAN: Turn to the next page ending in 36. These run from January 29, 2022, 11:00 p.m. and 11 seconds to January 29, 2022, 11:00 p.m. 39 seconds. The first comment by somebody in the group?
MR. DIAMANDIS: The BPD have any jurisdiction here because it was their own.
MR. BRENNAN: And then if you could look where there's a comment from Whitey at 11:00 p.m. 27 seconds.
MR. DIAMANDIS: Liz has got the blueprint.
MR. BRENNAN: Liz has got the blueprint. Do you know who Liz is?
MR. DIAMANDIS: No.
MR. BRENNAN: Okay. And what's the next comment by Mr. Proctor?
MR. DIAMANDIS: [unintelligible]. It's the total opposite. They have to rescue themselves.
MR. BRENNAN: Would it be recuse themselves?
MR. DIAMANDIS: Excuse me. Recuse themselves. Yes.
MR. BRENNAN: And then comment by somebody in the group?
MR. DIAMANDIS: Laughed at "Liz has got the blueprint."
MR. BRENNAN: On the next page, Mr. Proctor's comment — same with Canton. At January 29th, 2022, 11:02 p.m. and 15 seconds. There's a comment from one person in the group, number ending in 5051. Could you read that?
MR. DIAMANDIS: But I assume you guys are out to make it cut and dry since it involves cops.
MR. BRENNAN: Next comment by Bird?
MR. DIAMANDIS: Something stinks.
MR. BRENNAN: And the comment by Mr. Proctor?
MR. DIAMANDIS: Yeah, but there will be some serious charges brought on the girl. And the beginning of the next sentence is "got to be."
MR. BRENNAN: And finally, the last comment on that page?
MR. DIAMANDIS: She's hot at least. That's a question mark.
MR. BRENNAN: Yes. Turn the page, please. Ending in 38. These messages begin at 11:05:57 p.m., run through 11:06:39 p.m. on January 29th, 2022. Does it begin with comments from Mr. Proctor?
MR. DIAMANDIS: It does.
MR. BRENNAN: Could you read all of them, please?
MR. DIAMANDIS: These are not my words. I'm not really comfortable reading these. Do I have to say these words out loud?
JUDGE CANNONE: I'll see counsel at sidebar.
PARENTHETICAL: [sidebar]
JUDGE CANNONE: Go ahead, Mr. Brennan.
MR. BRENNAN: Thank you, sir. I appreciate that you're not comfortable with these words. These are not your words, are they?
MR. DIAMANDIS: No, they're not.
MR. BRENNAN: You didn't see them at the time?
MR. DIAMANDIS: I did not.
MR. BRENNAN: You've never condoned them or adopted them?
MR. DIAMANDIS: No.
MR. BRENNAN: In fact, you would denounce these, wouldn't you?
MR. DIAMANDIS: I would.
MR. BRENNAN: I don't want you to say words that are not yours. So I'll say the words and I'm going to ask you if I'm reading accurately. Is that better?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Is that a fair way to do it?
MR. DIAMANDIS: Yes, it is.
MR. BRENNAN: Thank you. Okay. On January 29, 2022, 11:05:57 p.m. — and this page ends at 11:06:39 p.m. on January 29, 2022, ending in numbers 38. Did I read that correctly?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Mr. Proctor says, "From all accounts, he didn't do a thing wrong. She's a whack job." And then uses the C word to describe. Is that accurate?
MR. DIAMANDIS: That's accurate.
MR. BRENNAN: He then says, "Yeah, she's a babe. Weird Fall River accent though. No ass." Those are the words that he wrote. Those are the words. And there's a response at the bottom from one member in the group stating, "Oh, she's skating."
MR. DIAMANDIS: Yes.
MR. BRENNAN: Let's turn the page. Ending in 39. These begin January 29th, 2022, 11:06 p.m. 55 seconds. Is that accurate?
MR. DIAMANDIS: Yes, it is.
MR. BRENNAN: Mr. Proctor responds, "Zero chance she's skated. She's effed."
MR. DIAMANDIS: She's fucked.
MR. BRENNAN: Is that what he said?
MR. DIAMANDIS: It is.
MR. BRENNAN: And then one person in the group says, "No ass bitch." Accurate?
MR. DIAMANDIS: That's accurate.
MR. BRENNAN: Mr. Proctor — there's a response laughed at. Quote, "No ass bitch."
MR. DIAMANDIS: Yes.
MR. BRENNAN: If you could turn to the page that ends in 43. You ready?
MR. DIAMANDIS: Yes.
MR. BRENNAN: Okay. Somebody in the group says, "Is that chick a smoke?" And then the same person follows up with a question mark. Accurate?
MR. DIAMANDIS: Accurate.
MR. BRENNAN: Mr. Proctor responds, "Eh, yes. Nut bag, as my chief would say, yes. She's got a leaky balloon knot."
MR. DIAMANDIS: Yes.
MR. BRENNAN: Leaks poo.
MR. DIAMANDIS: Yes.
MR. BRENNAN: Are those the words of Mr. Proctor?
MR. DIAMANDIS: They are.
MR. BRENNAN: Did I read those accurately?
MR. DIAMANDIS: You did.
MR. BRENNAN: And then a person in the group says, "What are you guzzling on?" And — let me take a step back to be more clear. The comments I just read, those weren't on January 29th. Those were on February 2nd, 2022.
MR. DIAMANDIS: Correct.
MR. YANNETTI: And the time is 12:50 p.m., 12:50 and 5 seconds p.m. Beginning of the page.
MR. DIAMANDIS: Yes.
MR. YANNETTI: These are different in time than the ones we read before. The series of text messages.
MR. DIAMANDIS: Correct.
MR. YANNETTI: Okay. And then at the bottom, one of the members of the group says, "What are you guzzling on?"
MR. DIAMANDIS: Correct.
MR. YANNETTI: And that's still February 2nd, 2022. That's at 1:51:33 p.m.
MR. DIAMANDIS: Yes.
MR. YANNETTI: And then if you can turn to the page that ends with numbers 44.
MR. DIAMANDIS: Yes.
MR. YANNETTI: And this is on February 2nd, 2022. 1:52:24. Mr. Proctor says, "Nothing, writing a warrant."
MR. DIAMANDIS: That's accurate.
MR. BRENNAN: There are no further text messages from Mr. Proctor.
MR. DIAMANDIS: Yes.
MR. BRENNAN: Or anybody in this group that you have as part of this exhibit?
MR. DIAMANDIS: That was not the last comment.
MR. BRENNAN: Okay. Let me look. Okay. Is there another YouTube video?
MR. DIAMANDIS: There is.
MR. BRENNAN: You were not part of any of these conversations with Mr. Proctor?
MR. DIAMANDIS: No.
MR. BRENNAN: But you're still friends with him?
MR. DIAMANDIS: I am.
MR. BRENNAN: In your conversations with Mr. Proctor, has he ever suggested that he planted evidence in this case or any other case?
MR. DIAMANDIS: No.
MR. BRENNAN: In your conversations with Mr. Proctor, has he ever suggested framing a defendant, including this defendant?
MR. DIAMANDIS: Absolutely not.
MR. BRENNAN: In all your conversations with Mr. Proctor, has he ever suggested tampering with evidence in this case or in any other case?
MR. DIAMANDIS: No, absolutely not.
MR. BRENNAN: And Mr. Proctor was fired.
MR. DIAMANDIS: He was.
MR. BRENNAN: Thank you.
MR. BRENNAN: I have no further questions.
MR. YANNETTI: Sir, at the time Michael Proctor was revealing this information on this high school group chat, was this information public?
MR. DIAMANDIS: I have no memory one way or the other.
MR. YANNETTI: At the time Michael Proctor was texting these messages to you and your other high school friends, were Ms. Read's medical conditions public? Did you know anything about Ms. Read's medical conditions?
MR. DIAMANDIS: I didn't know anything about this case at all.
MR. YANNETTI: Michael Proctor was the one revealing those details about the case to you and anybody on the chat who cared to read them. Correct?
MR. DIAMANDIS: Correct.
MR. YANNETTI: And you were asked questions about why Michael Proctor was fired. I believe you answered in a shorthand way — for these text messages.
MR. DIAMANDIS: Were you aware he was fired for being biased? I'm not aware of that. [unintelligible]
MR. YANNETTI: Were you aware that he was fired for revealing confidential information about an investigation?
MR. DIAMANDIS: I was not aware of that.
MR. YANNETTI: And were you aware that he was also fired for conduct unbecoming a state trooper and a lead investigator in this case?
MR. DIAMANDIS: I was not aware of that.
MR. YANNETTI: I have no further questions.
MR. BRENNAN: You're not aware that he was fired for conduct unbecoming because of these text messages?
MR. DIAMANDIS: My understanding was it was due to the text messages. I don't know the other details of the situation.
MR. BRENNAN: Do you know he was not fired for any accusations of planting or tampering with evidence?
MR. DIAMANDIS: I do not know that.
MR. BRENNAN: Do you know that he was not fired for doing anything to compromise the integrity of the evidence in this investigation?
MR. DIAMANDIS: I do not know that.
JUDGE CANNONE: All right. Sir, I am going to let you step down, and then folks, I have an instruction for you that I should have read at the time that text messages came in. You can leave them right with Madam Court Reporter and you're all set. Thank you. All right. So, I've told you folks previously, but I've got an additional instruction here. Before — and I think you know this, and you'll hear it at the end of the case as well — before you consider any electronic communication in your deliberations, you must first find that it is more likely true than not that the person who authored or created or transmitted the communication was in fact the person alleged. And here we've heard it be Michael Proctor and high school friends.
JUDGE CANNONE: If you do not find it is more likely true than not that the person alleged to have created or sent these messages, then you may not consider the electronic communication in deciding this case. And also here, this text message chain was not being admitted for the truth of what's in the chain, but solely for the limited purpose of weighing the text as they go to Michael Proctor's state of mind, and more specifically, whether or not that state of mind reflects any bias or omissions in the police investigations. So, all right. Is there another witness this morning?
MR. YANNETTI: There you are.