Nicholas Barros - Cross

MR. BRENNAN: Good afternoon, sir.

MR. BRENNAN: Have we met before?

MR. BRENNAN: Do you still work in Dighton?

MR. BRENNAN: At the time you went to the Read residence, you did not know the occupants?

MR. BRENNAN: Since then, have you ever met or spoken to William Read?

MR. BRENNAN: Or the defendant?

MR. BRENNAN: When you went there that day, it was at the request of the state police.

MR. BRENNAN: When they ask you to come, it's typical procedure for one law enforcement agency to contact a local law enforcement agency.

MR. BRENNAN: And part of the reason they do that is to bring in a separate and independent law enforcement officer to the scene.

MR. BRENNAN: Because it's your jurisdiction.

MR. BRENNAN: And they called you before they got to the Read residence, didn't they?

MR. BRENNAN: They told you what they were going to do and when they were going to do it.

MR. BRENNAN: They didn't just show up at the Read house and then you found out later. They invited you and informed you what the process was going to be.

MR. BRENNAN: Were the troopers already there or did they arrive after you?

MR. BRENNAN: Were they in the house or outside of the house when you got there?

MR. BRENNAN: Did you see them get out of the pickup truck after you got there?

MR. BRENNAN: Did you ever see them approach and touch the rear tail light of the defendant's Lexus?

MR. BRENNAN: Did you ever see them manipulate in any way that rear tail light of the defendant's Lexus?

MR. BRENNAN: Did you see them do anything that was suspicious, out of the ordinary, or unfairly remarkable relative to that car?

MR. BRENNAN: When they spoke to you, they then went inside the house. What do you mean by "spoke to me"?

MR. BRENNAN: Yes. And then they came out.

MR. BRENNAN: And that vehicle was towed.

MR. BRENNAN: At no time from when you got there until you left, did you see anybody from the state police in any way tamper with that vehicle?

MR. BRENNAN: When the vehicle was towed, do you know how long it took to take the vehicle from Dighton back to Canton?

MR. BRENNAN: You didn't escort it back.

MR. BRENNAN: You had an opportunity to write a report in this case, didn't you?

MR. BRENNAN: And when you did, you had an opportunity to describe the damage to that tail light in any way you wanted to.

MR. BRENNAN: You could have gone into detail about the size of the damage.

MR. BRENNAN: You could have gone into detail about the shape of the damage.

MR. BRENNAN: You could have gone into detail about the width of the damage.

MR. BRENNAN: You could have taken photographs of the damage if you wanted to.

MR. BRENNAN: In fact, there was no limitation on what you could have written in your report regarding the damage, was there?

MR. BRENNAN: You write reports regularly, don't you?

MR. BRENNAN: You train at the academy — it's the best way to memorialize events.

MR. BRENNAN: What might be important or remarkable later might not be remarkable at the time you're making the observation. Correct?

MR. BRENNAN: So you're taught at the academy to use as much detail as you can so that you can have an accurate memory later on. Correct?

MR. BRENNAN: Because often times, you respond to a number of different events and incidents, don't you?

MR. BRENNAN: You write a lot of reports.

MR. BRENNAN: And so it's sometimes difficult to remember the details of all events and you use the report to refresh your memory. Correct?

MR. BRENNAN: When you wrote your report, and you could have put as much detail as you wanted, is it fair to say you only wrote one single line about the damage to the car?

MR. BRENNAN: Fair to say you didn't document that it was the size of a dollar bill. You didn't say that, did you?

MR. BRENNAN: Or that it was 3 to 6 inches. You didn't mention that, did you?

MR. BRENNAN: You didn't mention the placement of where the damage was.

MR. BRENNAN: Right rear tail light. You didn't indicate if it was on the side or on the back.

MR. BRENNAN: You didn't provide any other details of your description when your memory was probably at its best. True?

MR. BRENNAN: And would you agree that your memory that day was probably much more accurate than it is today?

MR. BRENNAN: When you wrote the report, did you ever have an opportunity to write a supplement report if you wanted to? If you wanted to give more detail?

MR. BRENNAN: You didn't.

MR. BRENNAN: Inevitably, you were a witness at trial. I'm sorry. You were a witness at a prior proceeding in this case, weren't you?

MR. BRENNAN: You came in and you swore under oath regarding your memory. Correct?

MR. BRENNAN: And that was probably a year to a year and a half after you first made the observations which you reduced in writing in the police report. Correct?

MR. BRENNAN: And when you made those observations, that was on January 29th, 2022. Correct?

MR. BRENNAN: When you came into court and you testified, that was on June 10th, 2024. If that was the date, you were asked to use your best memory to describe the damage to that tail light the last time you were sworn under oath to tell the truth, weren't you?

MR. BRENNAN: But were you asked to describe the best you could the damage to that right rear tail light last time you were in court on June 10th, 2024?

MR. BRENNAN: Were you asked questions about the damage to that right rear tail light last time you were in court?

MR. BRENNAN: And when you described the damage, did you do your best to your ability to give as much detail as possible?

MR. BRENNAN: Did you qualify your memory at that time saying to the best of my ability and recollection?

MR. BRENNAN: And when you qualify as a police officer with the best ability and recollection, that is recognizing that time had passed.

MR. BRENNAN: That you had a report that you couldn't refresh your memory. Correct?

MR. BRENNAN: And did you refresh your memory with that report before you testified last time?

MR. BRENNAN: And wouldn't you qualify that it was to the best of your ability and recollection — that account for the fact that when you looked at the report, there was no detail other than your commentary in your report that the vehicle had damage to the right rear tail light?

MR. BRENNAN: And so when you qualify, you were considering human factors like time had passed. Correct?

MR. BRENNAN: That your report was respectfully scant. Correct?

MR. BRENNAN: That you had heard a lot about this case since that point, hadn't you?

MR. BRENNAN: And so considering your memory in June of 2024, when you qualified your answer, was it considering all of those different factors that had passed in between that time?

MR. BRENNAN: Yes. When you decided to qualify your answer and you said to the best ability and recollection and then you went on to describe what you remember from the break of the tail light, is the reason why you use that qualification to the best ability and recollection — is it because of those human factors that had passed?

MR. BRENNAN: And sir, since the time you came into court on June 10, 2024, have you spoken to anybody from the defense about this case?

MR. BRENNAN: How many times have you spoken to somebody from the defense about this case after you gave your testimony on June 10th, 2024?

MR. BRENNAN: Who did you speak to?

MR. BRENNAN: Did you speak to him in person or on the phone?

MR. BRENNAN: Okay. You're not hesitating, are you?

MR. BRENNAN: Where did you speak to him in person?

MR. BRENNAN: How did you know where Attorney Jackson was staying?

MR. BRENNAN: Did you find it odd to go visit an attorney at their hotel and talk about a case?

MR. BRENNAN: Find it odd to go to somebody's hotel to speak to them about a case?

MR. BRENNAN: Without saying the name of the hotel, where was the hotel located?

MR. BRENNAN: And where were you located?

MR. BRENNAN: Sorry? Did you have to drive?

MR. BRENNAN: So, you took the effort to go to see Mr. Jackson at his request. Did you know who Mr. Jackson was?

MR. BRENNAN: On TV?

MR. BRENNAN: When you went there to the hotel in the conference room, who else was there?

MR. BRENNAN: Who else?

MR. BRENNAN: No, it was not. Somebody else.

MR. BRENNAN: Okay. Was there anybody else there?

MR. BRENNAN: When you were in that conference room, were you shown your police report?

MR. BRENNAN: Were you shown your testimony from the last time you came into court?

MR. BRENNAN: The photograph of the vehicle in the sally port or the vehicle with the missing glass. Were you shown that?

MR. BRENNAN: Had you ever seen that photo before?

MR. BRENNAN: And you saw it at the last event you testified at, right?

MR. BRENNAN: And when you were shown that photo during your prior testimony, you never ever suggested that that was in any way different than what you had seen on-site.

MR. BRENNAN: You were asked to describe the damage and you were shown that photograph. You never ever suggested that there was a difference in the damage as you see it in that photo compared to what you remember.

MR. BRENNAN: Did you ever make a note or say anything that was dissimilar to what you remember at the last event that you testified at?

MR. BRENNAN: Did you testify to that at the last event?

MR. BRENNAN: You said that photo does not depict what you saw. Correct?

MR. BRENNAN: And when you testified to that at the last event, who was asking you that question?

MR. BRENNAN: Okay. And you remember making that comment on the record?

MR. BRENNAN: Do you remember that as well as your memory about what the tail light looked like back in Dighton?

MR. BRENNAN: When you were asked questions about that tail light, you had described the tail light as not completely damaged. It was cracked and there was a piece missing but not completely damaged. Do you remember that testimony?

MR. BRENNAN: And is that accurate testimony?

MR. BRENNAN: So, in your memory on June 10, 2024, was that that vehicle's rear tail light had a piece missing?

MR. BRENNAN: You said that your memory about the damage to the tail light as you recall it when you were on-site back on January 29th, 2022 — you said your memory is as good as what you said in court, that there was a difference between that photo and the damage. Right?

MR. BRENNAN: Have you ever read your testimony from your last proceeding?

MR. BRENNAN: But you have a specific memory of discussing that specific photograph.

MR. BRENNAN: Can I approach?

MR. BRENNAN: I'm going to show you your transcript of sworn testimony on June 10th, 2024. And when you reflect on your memory, understanding some time has passed, you've testified that your memory of distinguishing that photo is reflected in your testimony, right?

MR. BRENNAN: Let me ask the question differently.

MR. BRENNAN: Your memory is that you discussed the distinction between that photo and what you saw at the last time you testified.

MR. BRENNAN: I want you to take a look there. Could you show me anywhere in your testimony where you made any statement about that photo being inconsistent with what you saw on-site on January 29th, 2022?

MR. BRENNAN: Yes. I can put it back. Thank you. So respectfully, sir, your memory about distinguishing that photo is not as you thought it was and claimed it was in this transcript. Correct?

MR. BRENNAN: And that's not a matter of you trying to fool anybody or lying, is it?

MR. BRENNAN: It's a matter of time passes and memory fades.

MR. BRENNAN: And that's one real example why at the academy they teach you when you write reports to be as detailed as you can to accommodate the fact that memories can fade. Right.

MR. BRENNAN: Memories can change.

MR. BRENNAN: Well, that's not what I'm asking you, because you just testified that under oath you had looked at that photo and distinguished it. But that's not accurate, is it?

MR. BRENNAN: And so it's not a matter of fooling yourself or lying. It's a matter of difficulties with memory, wouldn't you say?

MR. BRENNAN: You shared those same difficulties with memory as many other witnesses.

MR. BRENNAN: You have, as is human nature, difficulties with memory at times.

MR. BRENNAN: Correct. And so that very certain memory you had about your testimony last year, fair to say that never happened.

MR. BRENNAN: You were simply mistaken, weren't you? Or was it something more? Please tell me.

MR. BRENNAN: When you met with the attorneys in Boston, what'd you talk about?

MR. BRENNAN: Those things all could have been accomplished by phone.

MR. BRENNAN: So the face to face meeting—

MR. BRENNAN: Okay. You told us there was some background about being subpoenaed and time subsequently. What did you talk about with the attorneys when you met them at their hotel conference room?

MR. BRENNAN: Okay. Did you get into any detail about the conversation about your testimony today?

MR. BRENNAN: When did you meet with them?

MR. BRENNAN: Last year. This year?

MR. BRENNAN: I'm not looking for a date. Just a general year frame. Last year, this year?

MR. BRENNAN: Are you having some difficulty with memory about that as well?

MR. BRENNAN: Certain date. Was it this year?

MR. BRENNAN: Do you think you met them this year?

MR. BRENNAN: Do you know what month you met them this year? I want to know the month.

MR. BRENNAN: You talked about this issue with the tail light, didn't you?

MR. BRENNAN: When you talked about the issue with the tail light, did anybody from the defense offer you any information?

MR. BRENNAN: Did they ask you questions about it?

MR. BRENNAN: So, you went to a meeting in a Boston hotel in a conference room and nobody talked about the tail light?

MR. BRENNAN: Sir, I'll ask you another question instead. Have you had an opportunity to see other evidence of that tail light being damaged that morning before you saw it on the 29th of January?

MR. BRENNAN: The video that was shown to you with the tow truck, had you seen that before today?

MR. BRENNAN: Who showed it to you?

MR. BRENNAN: And was it shown to you during your conference room meeting at the hotel?

MR. BRENNAN: So, you've looked and studied and watched this case a little bit.

MR. BRENNAN: I'm not criticizing you for dishonesty. I'm just asking you, have you been exposed to this case since you made those observations in Dighton on January 29th, 2022?

MR. BRENNAN: Have you seen other video footage and evidence about that tail light since January 29, 2022?

MR. BRENNAN: Have you seen other information since you last testified last summer about the tail light?

MR. BRENNAN: And seeing this extraneous information, this other information, do you think that played a part in some of your difficulties—

MR. BRENNAN: Let me approach.

MR. BRENNAN: You've seen quite a bit of information about this case and the issue regarding the tail lights since you first made the observations back in 2022. Would that be fair to say?

MR. BRENNAN: And based on all the additional information you've read and seen, would you agree it's had some effect on your memory?

MR. BRENNAN: Well, I don't want you to guess. You testified that you made explanations at the last trial that you didn't make. Right.

MR. BRENNAN: You had a memory. You testified in direct examination on the record, and you tried your best about things that just didn't happen. Right.

MR. BRENNAN: Would you agree that you have some difficulty.

MR. BRENNAN: I want to show you some evidence of that tail light from before you had a chance to see it in Dighton. If we could have the ring video at 50758, please. Have you seen this video before, sir?

MR. BRENNAN: Before you proceed, please go. Have you seen this on social media?

MR. BRENNAN: Has anybody else shown you this video?

MR. BRENNAN: How many times do you think you've been exposed to this video?

MR. BRENNAN: Because you were involved in this case, and I'm going to say as a predicate, there were no orders for you not to look at anything. I'm not suggesting any impropriety, but because you were involved in this case, issues regarding the tail light, do you think you had a particular interest when things like this came on TV and social media to take a look compared to your memory?

MR. BRENNAN: But you've seen this many many times because of what is out there on social media and the news. Thank you. Stop. Please. Do you see that white part of the back?

MR. BRENNAN: You see that? Sir, can you zoom in a little bit more? I can. You can or cannot? I can. You can. Yes. Thank you. Can you please bring it back? Back right there. You see, sir?

MR. BRENNAN: Is that consistent with the damage that you saw when you looked at that Lexus in Dighton hours later?

MR. BRENNAN: Can we go to exhibit 10, please? And before you show it, I have a couple questions. This was a snowstorm, kind of like a blizzard that day.

MR. BRENNAN: And when you got into the driveway, it had not been shoveled above.

MR. BRENNAN: There's quite a bit of snow accumulating and ongoing.

MR. BRENNAN: And there was snow coming down on top of everything, the ground, the streets, the cars.

MR. BRENNAN: And snow was accumulating, did you notice, on cars and packing onto cars?

MR. BRENNAN: When you looked at this house, when you looked at the defendant's vehicle, you didn't go over and scoop out any of the snow that was in that broken tail light, did you?

MR. BRENNAN: You didn't try to remove any snow off it or that was accumulated inside of it?

MR. BRENNAN: And the snow that was — there was snow packed on that car, wasn't there?

MR. BRENNAN: There was snow packed around the light, wasn't it?

MR. BRENNAN: And would you agree with that, since you didn't tamper with it or try to remove anything, that could impede your ability to accurately observe the depth of the damage? Would you agree with that?

MR. BRENNAN: If we could have exhibit 10, please. Does that appear to be the same Lexus you looked at when it was in Dighton? And it's a far view, so I don't want you to guess. If you're not sure, you can tell me.

MR. BRENNAN: Can you take a look to the right? You see that right tail light? The white part?

MR. BRENNAN: Missing.

MR. BRENNAN: Looks like snow is packed on.

MR. BRENNAN: It look like there's a red tail light there?

MR. BRENNAN: This is from before you saw it in Dighton. Do you know that or you wouldn't know that?

MR. BRENNAN: Do you know if this photograph was taken before or after you made your observations in Dighton?

MR. BRENNAN: The right rear tail light in the missing part. Is that consistent with what you saw around 3:27 on January 29th, 2022?

MR. BRENNAN: Have no further questions.