Commonwealth v. Read — Trial ArchiveNicholas Barros - Redirect/Recross
152 linesMR. JACKSON: Thank you, your honor. I'll be brief. Sergeant, did you celebrate your birthday two years ago?
MR. BARROS: I did.
MR. JACKSON: Kind of a big deal. It's your birthday, right?
MR. BARROS: Yes.
MR. JACKSON: What day of the week was your birthday two years ago?
MR. BARROS: No idea.
MR. JACKSON: You have a difficult memory, sir.
MR. BARROS: Yes.
MR. JACKSON: The fact that you had a birthday, you recall.
MR. BARROS: Correct. Correct.
MR. JACKSON: The day of the week of that birthday may fall by the wayside in your mind.
MR. BARROS: Right. Right.
JUDGE CANNONE: Sustained to the form. Mr. Jackson, this is your witness.
MR. JACKSON: The fact that you can't remember the day of the week, does that mean that you have a bad memory?
MR. BRENNAN: Objection.
JUDGE CANNONE: I'm going to allow it.
MR. BARROS: Correct.
MR. JACKSON: You remember being at Dighton?
MR. BARROS: Correct.
MR. JACKSON: Being called out to Dighton to the residence of the Reads.
MR. BARROS: Correct.
MR. JACKSON: Do you remember the time?
MR. BARROS: I do.
MR. JACKSON: Do you remember the weather?
MR. BARROS: I do.
MR. JACKSON: Do you remember who you met there?
MR. BARROS: I do.
MR. JACKSON: Do you remember the conversations that you had?
MR. BARROS: I do.
MR. JACKSON: Do you remember the phone calls that you received?
MR. BARROS: I do.
MR. JACKSON: The first one?
MR. BARROS: I do.
MR. JACKSON: The second one?
MR. BARROS: I do.
MR. JACKSON: Do you remember being in the garage and speaking with someone?
MR. BARROS: I do.
MR. JACKSON: Do you remember it was this lady, pretty lady right here in the blue?
MR. BARROS: I do.
MR. JACKSON: You remember meeting Mr. Read briefly? Handsome gentleman with the gold tie?
MR. BARROS: I do.
MR. JACKSON: You remember all that, right? Do you remember the SUV?
MR. BARROS: I do.
MR. JACKSON: Do you remember the condition of the tail light?
MR. BARROS: I do.
MR. JACKSON: You were asked whether or not you saw Trooper Proctor in any way manipulate that right rear tail light while it was out at Dighton while you were there.
MR. BARROS: Correct. Correct.
MR. JACKSON: You said no. Honestly, I never saw him touch it.
MR. BARROS: Right. Correct.
MR. JACKSON: Were you in the Sallyport at Canton PD? I'm sorry — in Canton, in the Sallyport at the police station.
MR. BARROS: I wasn't at 5:30 p.m.
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained.
MR. JACKSON: Sir, at any point did you ever go to the Sallyport at Canton PD that day?
MR. BARROS: I did not.
MR. JACKSON: Do you have any idea what did or didn't happen inside the Sallyport?
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained.
MR. JACKSON: You were asked by Mr. Brennan, you could have taken photos had you wanted to. Correct.
MR. BARROS: Correct.
MR. JACKSON: And certainly you could have, right?
MR. BARROS: Correct.
MR. JACKSON: Was that your vehicle that was being seized?
MR. BARROS: No.
MR. JACKSON: You were simply there to assist another officer.
MR. BARROS: Right.
MR. JACKSON: Okay. [unintelligible] What were you there to do?
MR. BARROS: Just to assist another agency.
MR. JACKSON: Would it have been normal protocol for you to photograph that vehicle?
MR. BARROS: No.
MR. JACKSON: Did you see Trooper Proctor photograph the vehicle?
MR. BARROS: No.
MR. JACKSON: Did you see Sergeant Bukhenik photograph the vehicle?
MR. BARROS: No.
MR. JACKSON: By the way, you and I did meet once before, correct?
MR. BARROS: Correct.
MR. JACKSON: Was that before or after you testified last year at another hearing?
MR. BARROS: After.
MR. JACKSON: And you were called by whom? Last year at the other hearing, the defense or the Commonwealth?
MR. BARROS: The Commonwealth.
MR. JACKSON: You testified for them, correct?
JUDGE CANNONE: So that's stricken. It's beyond the scope.
MR. JACKSON: Did the Commonwealth ever contact you after your testimony at the hearing last year?
MR. BARROS: They did not.
MR. JACKSON: Did they ever call you on the telephone?
MR. BARROS: No.
MR. JACKSON: Did they ever send you a subpoena?
MR. BARROS: No.
MR. JACKSON: And you testified last year that the tail light was damaged but not completely broken.
MR. BARROS: Correct.
JUDGE CANNONE: Sustained.
MR. JACKSON: You and I met in a hotel in a conference room.
MR. BARROS: Correct.
MR. JACKSON: Anything sketchy or nefarious about that?
MR. BARROS: No.
MR. JACKSON: Did I introduce myself to you?
MR. BARROS: You did.
MR. JACKSON: You happen to know I live in Los Angeles.
MR. BARROS: Correct.
MR. JACKSON: I don't have a house here, right?
MR. BARROS: Correct.
MR. JACKSON: I don't have an office out here.
MR. BARROS: Correct.
JUDGE CANNONE: Sustained.
MR. JACKSON: Do you know whether or not I have an office?
MR. BARROS: I do not.
MR. JACKSON: Do you remember me asking you if you would mind meeting at a hotel where I was staying in a conference room?
MR. BARROS: I do.
MR. JACKSON: Okay. Do you have any problem with that?
MR. BARROS: Nope.
MR. JACKSON: Do you find that unusual?
MR. BARROS: No.
MR. JACKSON: Did you and I ever speak before your testimony last year?
MR. BARROS: No.
MR. JACKSON: Did I ever tell you how I wanted you to testify?
MR. BARROS: No.
MR. JACKSON: Did I ever tell you what to say?
MR. BARROS: No.
MR. JACKSON: Did I show you any testimony?
MR. BARROS: No.
MR. JACKSON: Did I play you any video?
MR. BARROS: No.
MR. JACKSON: Did I show you a single photograph?
MR. BARROS: No.
MR. JACKSON: During that conversation, did you tell me how to subpoena you?
MR. BARROS: I did.
MR. JACKSON: Did you tell me where the subpoena should be directed?
MR. BARROS: I did.
MR. JACKSON: Did you tell me your vacation schedule?
MR. BARROS: I did.
MR. JACKSON: Did you tell me your availability and willingness to testify?
MR. BARROS: I did.
MR. JACKSON: Did we talk about any other thing of substance other than that and whether or not you recalled what your testimony was from last year?
MR. BARROS: That was all we talked about.
MR. JACKSON: As you sit here, Sergeant Barros, do you have any difficulty recalling what the condition of that tail light was on January 29th, 2022 at about 3 or 3:15 in the afternoon when you were there? Any difficulty whatsoever?
MR. BARROS: No.
MR. JACKSON: You remember the condition of that tail light?
MR. BARROS: I do.
MR. JACKSON: Was the condition of that tail light the same as the photo that I showed you on my direct examination?
MR. BARROS: No.
MR. BRENNAN: You would agree that your memory has changed since last time you testified in this courthouse?
MR. BARROS: Yes.
MR. BRENNAN: In the photo I showed you — the closeup with the missing right rear tail light — is that consistent with your memory of what you saw in Dighton on January 29th, 2022?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it — it was opened up.
MR. BRENNAN: Is it consistent with what you saw on January 29th, 2022?
MR. BARROS: It is.
MR. JACKSON: Yes. And there are three issues that I believe we should dispatch with. All right. So, why don't you — sure. I have time. I just
MR. BRENNAN: Thank you.
JUDGE CANNONE: All right, Sergeant, you are all set. Thank you. All right, jurors, I know I need to talk to the lawyers about a couple of things. So this seems like a good spot to just send you home for the day rather than [unintelligible]. So, those same cautions — please do not discuss this case with anyone. Don't do any independent research or investigation into the case. If you happen to see, hear, or read anything about this case, please disregard it and let us know. And be careful with your social media. Remember, tomorrow is a half day. We'll finish by one. All right. Court officer, please. Follow me.
JUDGE CANNONE: Please be seated. So, I have — there have been some motions I think piling up. Two I have not had a chance to read yet. Maybe more.
JUDGE CANNONE: The Commonwealth's motion for reciprocal discovery, and then the defendant put in writing about the discovery from Aperture. I've not had a chance to read the prosecutor's opposition. I'd like to do all that before I hear you on that, but the only one that I did read is the reciprocal discovery. , are you examining both Brian Loughran and Karina Kolokithas?