Commonwealth v. Read — Trial ArchiveKarina Kolokithas - Direct/Cross
419 linesCOURT CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
MS. KOLOKITHAS: Yes.
MR. YANNETTI: Good afternoon.
MS. KOLOKITHAS: Good afternoon.
MR. YANNETTI: May I proceed?
JUDGE CANNONE: Yes.
MR. YANNETTI: Good afternoon, ma'am. Can you please introduce yourself to the jury and spell both your first name and your last name?
MS. KOLOKITHAS: Sure. My name is Karina Kolokithas. It's K-A-R-I-N-A. Last name Kolokithas. K-O-L-O-K-I-T-H-A-S.
MR. YANNETTI: That's almost as bad as your name.
MS. KOLOKITHAS: It's — it's long.
MR. YANNETTI: In what town do you live now?
MS. KOLOKITHAS: I live in Canton.
MR. YANNETTI: How long have you lived there?
MS. KOLOKITHAS: We've lived there for 22 years.
MR. YANNETTI: Where did you grow up?
MS. KOLOKITHAS: So I initially grew up in Randolph, and then we moved to Braintree, and I finished my last three years of high school and stayed there till I was married.
MR. YANNETTI: And where did you go to school after high school?
MS. KOLOKITHAS: So after high school I went to Northeastern University. I did the pharmacy program there.
MR. YANNETTI: And what is your profession?
MS. KOLOKITHAS: I'm a pharmacist.
MR. YANNETTI: How long have you worked as a pharmacist?
MS. KOLOKITHAS: So total years is about 30 years as a pharmacist, but I have been at my current job for about 24 years.
MR. YANNETTI: Are you married?
MS. KOLOKITHAS: I am married.
MR. YANNETTI: To whom?
MS. KOLOKITHAS: His name is Nicholas Kolokithas.
MR. YANNETTI: How long have you been married for?
MS. KOLOKITHAS: 24 years.
MR. YANNETTI: Do you have children?
MS. KOLOKITHAS: I have two children.
MR. YANNETTI: And without giving us their names, can you tell us if you have boys or girls and what their ages are?
MS. KOLOKITHAS: So I have two girls. One is 19 and one is 17.
MR. YANNETTI: Have you raised your children in Canton?
MS. KOLOKITHAS: Yes, I have.
MR. YANNETTI: Do your children play sports — or have they played sports — in Canton?
MS. KOLOKITHAS: Both girls played sports in Canton. One actively is playing sports there and one is in college, so she's not playing sports.
MR. YANNETTI: Understood. What sports have your girls played?
MS. KOLOKITHAS: So they primarily played basketball, and my youngest plays lacrosse as well.
MR. YANNETTI: From raising your children in Canton and attending their sporting events, I'm assuming — have you met other parents with children on your daughters' teams?
MS. KOLOKITHAS: Yes, I have.
MR. YANNETTI: Specifically, did you come to know Jennifer and Matthew McCabe?
MS. KOLOKITHAS: Yes, I have.
MR. YANNETTI: And is that the way that you came to know them?
MS. KOLOKITHAS: Correct. Typically, that's how we came to become friends with people — through the sports.
MR. YANNETTI: Now, prior to January 28th of 2022, how long had you known Jennifer McCabe specifically?
MS. KOLOKITHAS: I would say about 10 years or so.
MR. YANNETTI: And during that time, what was the nature of your relationship with Jennifer McCabe?
MS. KOLOKITHAS: So we were just friends through the kids — multiple kids did different sports. They played on different sports teams, so we were friends through that.
MR. YANNETTI: And how often, or if at all, did you socialize with her and/or her husband?
MS. KOLOKITHAS: So typically sometimes if the kids had playdates — it was mostly my youngest daughter, to be honest. My youngest daughter and one of her daughters were good friends and played on similar sporting teams, so they would have playdates and stuff like that. Sometimes we'd see them after a game or they had a playdate or something like that.
MR. YANNETTI: And I — I'm sorry, it's a little loud with the fan. If the last part of your answer — if I didn't hear it, I'm thinking the jurors might not have heard that. You said it was mostly after games?
MS. KOLOKITHAS: After — like sporting, like after playdates, or — yeah, sports and stuff like that.
MR. YANNETTI: I see. And would there be times where, after a game, you go out for pizza — that type of thing?
MS. KOLOKITHAS: Yeah, like you'd go out for pizza, the girls would be like, "Hey mom, can we have a playdate? Can a couple of the girls come over to the house and do stuff like that?"
MR. YANNETTI: Okay. Prior to January 28th of 2022, did you know John O'Keefe?
MS. KOLOKITHAS: So I knew John O'Keefe the same way. His niece and my younger daughter were good friends — are good friends. So same thing. We knew him through the sports as well. My husband coached his niece on a couple of teams and they also played soccer together. So that's how we knew John.
MR. YANNETTI: And do you remember how long you would have known him for before January 28th of 2022?
MS. KOLOKITHAS: I would say about nine years or so.
MR. YANNETTI: And what was the nature of that relationship?
MS. KOLOKITHAS: Friendly. Didn't like go out with him, but we were friends. Like we saw him all the time. He would, you know, take my younger daughter with him — I don't — we just saw him all the time. Weekly, I would say.
MR. YANNETTI: Sure. What about Karen Read? Did you know Karen Read prior to January 28th of 2022?
MS. KOLOKITHAS: So same thing. Met Karen through John. And I believe the first time I met her was at Jennifer McCabe's house sometime in 2020.
MR. YANNETTI: 2020.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: So this would have been during the pandemic.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And do you see Karen in the courtroom today?
MS. KOLOKITHAS: I do.
MR. YANNETTI: Would you please point her out and describe what she's wearing?
MS. KOLOKITHAS: She is wearing a blue suit at the table with her lawyers.
JUDGE CANNONE: Okay. May the record reflect that the witness has identified Miss Read?
MR. YANNETTI: Okay. Now, prior to January 28th of 2022, how often would you have seen or interacted with Karen Read in any capacity, if you know?
MS. KOLOKITHAS: So Karen sometimes would come to watch games of John's niece. So I would see her there and we'd just casually talk.
MR. YANNETTI: And what was the nature of your relationship with her prior to January 28th of 2022?
MS. KOLOKITHAS: We were friendly.
MR. YANNETTI: All right. Now, directing your attention to January 28th of 2022 — do you recall that being a Friday?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: What did you do that day?
MS. KOLOKITHAS: So that day I worked as a pharmacist.
MR. YANNETTI: Correct. Do you recall what your hours were?
MS. KOLOKITHAS: Approximately, I would say, 8 to 4, 4:30 that day.
MR. YANNETTI: What plans did you have after work?
MS. KOLOKITHAS: So after work, my plans were to go to the Canton High basketball game to watch my daughter play.
MR. YANNETTI: And what plans came up for before the game that night?
MS. KOLOKITHAS: So before the game, before I left work, there was a text that went around saying that some of the parents were going to meet at the Canton Junction before the game and if anybody wanted to stop by and grab a bite to eat.
MR. YANNETTI: And what is the Canton Junction?
MS. KOLOKITHAS: So it used to be like a little pub/restaurant in Canton.
MR. YANNETTI: And did you go to the Canton Junction?
MS. KOLOKITHAS: So I went home first — I had a bag I had to switch out of because we have to have plastic clear bags at work. So anyway, I went home and then after that I stopped at the Canton Junction.
MR. YANNETTI: Okay. And did you go alone or with someone?
MS. KOLOKITHAS: So I went by myself.
MR. YANNETTI: And when you got there, did you see people that you knew?
MS. KOLOKITHAS: Correct. So I walked in and there was a bunch of parents there from the varsity teams — the varsity team — excuse me.
MR. YANNETTI: Was either John O'Keefe or Karen Read there?
MS. KOLOKITHAS: They were not there.
MR. YANNETTI: What about Jennifer McCabe and/or Matthew McCabe, her husband?
MS. KOLOKITHAS: I believe Matthew McCabe was there. I don't believe Jennifer went to the Canton Junction.
MR. YANNETTI: Now, how long were you at the Canton Junction for?
MS. KOLOKITHAS: I would say less than an hour.
MR. YANNETTI: Do you recall about what time it was that you would have been leaving there?
MS. KOLOKITHAS: I'm not really sure. The game started at 6:30. So, before 6:30.
MR. YANNETTI: All right. And when you left the Canton Junction, where did you go?
MS. KOLOKITHAS: I went to Canton High School to watch the game.
MR. YANNETTI: And in the gymnasium, with whom did you sit to watch your daughter's basketball game?
MS. KOLOKITHAS: I'm not sure who I sat with. But it would have been those parents from the varsity team, whoever was there and wherever there was a spot.
MR. YANNETTI: Was it generally a custom that the parents of all the kids on the team would kind of congregate together in the stands?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Do you recall what time the basketball game ended?
MS. KOLOKITHAS: I believe the game ended around 8:30.
MR. YANNETTI: Where did you go after the basketball game?
MS. KOLOKITHAS: So, after the game ended, I went down and waited on the court for my daughter to come out of the locker room, greeted her, the players, and then I said to everybody, I'm going home.
MR. YANNETTI: Okay. And you did go home, correct?
MS. KOLOKITHAS: I went home after the game.
MR. YANNETTI: And having now made it home, what were your plans that night?
MS. KOLOKITHAS: So, my plans were to stay home. I was tired. I'd worked all day. Watched the game. I was pretty much done with the day. So, my plans were to stay home.
MR. YANNETTI: At some point, did those plans wind up changing?
MS. KOLOKITHAS: So, then I started getting text messages from my husband saying, "You should come out. We're going to go to the Waterfall."
MR. YANNETTI: And what is the Waterfall?
MS. KOLOKITHAS: So, that's a restaurant that has a bar and it's in Canton on Washington Street.
MR. YANNETTI: Okay. So, you've now told — you've given your husband the stiff arm, so to speak, right? You're not going.
MS. KOLOKITHAS: Not going.
MR. YANNETTI: So, what happens?
MS. KOLOKITHAS: So, then he keeps on texting me. He's like, "I'm at the Waterfall. You should really come. It's fun. There's a band." And I was like, really, I don't want to go, and then my kids got involved with the conversation.
MR. YANNETTI: And how did that affect your decision?
MS. KOLOKITHAS: So they started saying to me, "Mom, you never go out. You never do anything. You know, dad's by himself. Just go keep him company while he eats." So I reluctantly went.
MR. YANNETTI: All right. So you were guilted into it.
MS. KOLOKITHAS: Guilted, 100% into it.
MR. YANNETTI: All right. So where did you go?
MS. KOLOKITHAS: So then I went to the Waterfall.
MR. YANNETTI: Do you recall about what time it was that you got to the Waterfall Bar and Grille?
MS. KOLOKITHAS: I believe I got there approximately 9:30 or so.
MR. YANNETTI: And when you first arrived there, who was there, if anyone, that you recognized?
MS. KOLOKITHAS: So, my husband was there and then I recognized Jennifer and Matt McCabe.
MR. YANNETTI: And what happened after you got there?
MS. KOLOKITHAS: So, after I got there, I walked in and I said to my husband, "Where is everybody from the basketball team?" And he said, "I don't know. They all sort of split up. Don't worry. Just hang out here. I already ordered a sandwich, so just hang out with me while I eat and then we'll go."
MR. YANNETTI: And were you introduced to anyone?
MS. KOLOKITHAS: Yeah. So, then Jennifer McCabe started introducing me to all her family. And, you know, so I got to meet a lot of them. It was fun. It was a good time.
MR. YANNETTI: And do you recall specifically who you met?
MS. KOLOKITHAS: I'm not sure 100%, but just like the niece, her sister, her brother-in-law, like people like that.
MR. YANNETTI: All right. The Albert family, correct?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And when you're being introduced to a bunch of people at once, it can be tough to keep everybody's names straight at the time, right?
MS. KOLOKITHAS: It was — there was a lot of Jen's family.
MR. YANNETTI: Now, what were you drinking that night?
MS. KOLOKITHAS: So, that night I drank water.
MR. YANNETTI: And the whole time you were at the Waterfall, did you drink anything else except for water?
MS. KOLOKITHAS: I only drank water that night.
MR. YANNETTI: Now, was there a point when you were going to leave the Waterfall before they closed up for the night?
MS. KOLOKITHAS: I'm sorry. Can you repeat that?
MR. YANNETTI: Sure. You wound up leaving at a certain time, correct?
MS. KOLOKITHAS: I never left.
MR. YANNETTI: Well, you left because you're in court today. You're not still at the Waterfall.
MS. KOLOKITHAS: Okay. Correct.
MR. YANNETTI: So, what I'm trying to get at is at some point you left the Waterfall, but was there a point before that where you were planning to go?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Tell us about that.
MS. KOLOKITHAS: So, my husband had eaten and I said, "You know what? I think I'm going to get going," and I was about to get going, and then John and Karen walked in.
MR. YANNETTI: Okay. And when you say John and Karen, you're referring to John O'Keefe and Karen Read.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And why did that change your plans?
MS. KOLOKITHAS: I was excited to see them. I liked Karen, so as soon as I saw her walk in, I was like, "Hey, I'm going to stay. I want to talk to her."
MR. YANNETTI: And what did you notice about John O'Keefe's mood when he arrived that night?
MS. KOLOKITHAS: So, John was very happy. His niece had just gotten into a private school called Bishop Feehan, and that was like the first thing he was talking about. He was elated that she got in and he was telling everybody about that.
MR. YANNETTI: And thereafter, how much interaction did you have with John and/or Karen?
MS. KOLOKITHAS: Karen and I probably spent the entire night talking — maybe, give or take some time that we didn't — but the majority of the time Karen and I were speaking together.
MR. YANNETTI: And if you had to estimate, how long a conversation did you have with Karen?
MS. KOLOKITHAS: Maybe like 40, 50 minutes out of — if we spent like an hour together, perhaps we spoke 50 minutes of that hour.
MR. YANNETTI: And without telling us the content of the conversation, what was the subject matter, if you remember?
MS. KOLOKITHAS: So, Karen was also — she mentioned being excited about Kaylee getting into Bishop Feehan. And when I first saw her, she first started talking about my daughter. So I saw her, she came in, she greeted me, and when we did start talking, she just started talking about my daughter and how much she really loved my daughter's relationship with John's niece.
MR. YANNETTI: Okay. And while you were having this conversation with Karen, was it an easy conversation back and forth?
MS. KOLOKITHAS: Very easy.
MR. YANNETTI: Where were you located within the Waterfall while you were having this conversation?
MS. KOLOKITHAS: We were — I don't remember where we were. We were talking. We were sitting down talking at a table.
MR. YANNETTI: And how close did you get to her when you were speaking with her? In order to get — in order for someone to hear you because of the band being so loud, we were probably a couple feet from each other. And in what direction were you facing when you were speaking to her? And I'm talking in relation to Karen.
MS. KOLOKITHAS: I don't remember exactly — if she was next to me at this point. She could have been next to me at this point.
MR. YANNETTI: All right. And your face would have been facing where?
MS. KOLOKITHAS: At her.
MR. YANNETTI: Okay. That actually was the question. I'm sorry. This is kind of a strange way to talk, but I have to ask the questions this way.
MS. KOLOKITHAS: We were face to face.
MR. YANNETTI: There you go. All right. So, in other words, Karen was also facing you when she was talking to you.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Did you notice what Karen was drinking?
MS. KOLOKITHAS: So, she was drinking — it was a clear liquid out of a clear glass. And I assumed it to be alcohol of some sort, but I'm not sure.
MR. YANNETTI: And while you were talking with her, can you describe — was the conversation coherent?
MS. KOLOKITHAS: Very coherent.
MR. YANNETTI: Was she making sense?
MS. KOLOKITHAS: She was.
MR. YANNETTI: Was she engaged in the conversation?
MS. KOLOKITHAS: She was.
MR. YANNETTI: And did you make any observations regarding her sobriety?
MS. KOLOKITHAS: She seemed fine to me.
MR. YANNETTI: And you're a pharmacist, correct?
MS. KOLOKITHAS: I am a pharmacist.
MR. YANNETTI: And you were that night?
MS. KOLOKITHAS: I was that night.
MR. YANNETTI: How much interaction did you see that Karen had with John O'Keefe?
MS. KOLOKITHAS: They had some interaction.
MR. YANNETTI: And was there one specific interaction that stands out in your mind then and today? And I'm talking about a physical interaction when they —
MS. KOLOKITHAS: Well, they hugged at one point.
MR. YANNETTI: Okay. And did John come over to Karen at one point and do something?
MS. KOLOKITHAS: He did.
MR. YANNETTI: What did he do?
MS. KOLOKITHAS: So, John went over to Karen and he gave her a kiss on the forehead.
MR. YANNETTI: Okay. And that kiss on the forehead, why did that stand out to you?
MS. KOLOKITHAS: So, honestly, I'd never seen something like that before, a boyfriend do to a girlfriend in public. Never saw that. So, it just stood out to me. I was like, "Wow, that's the sweetest thing I've ever seen."
MR. YANNETTI: Can we queue up Exhibit 22, Mr. Woll? I'd like to go to approximately 11:36 and 41 seconds. And if we can — well, first of all, have you seen that video before?
MS. KOLOKITHAS: I have.
MR. YANNETTI: Do you recognize what Exhibit 22 depicts?
MS. KOLOKITHAS: It shows the Waterfall.
MR. YANNETTI: And is that consistent with what it looked like when you were there that night?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And you've previously identified that as being a fair and accurate video of that night?
MS. KOLOKITHAS: I do.
MR. YANNETTI: If we could zoom in. Well, first of all, again, let me try and lay a foundation. Where would you be, if you recall, at the Waterfall within that video? To the right, to the left?
MS. KOLOKITHAS: I'm to the right, in a black top, sitting on a chair.
MR. YANNETTI: Okay. Could we zoom in on that area, Mr. Woll? Okay, we've zoomed in. Do you see yourself?
MS. KOLOKITHAS: I do.
MR. YANNETTI: And where are you seated?
MS. KOLOKITHAS: So, there's a white jacket on the back of a chair. That's me.
MR. YANNETTI: And do you see anybody else in that video that you now recognize?
MS. KOLOKITHAS: I see Brian Higgins.
MR. YANNETTI: Okay. And when you say Brian Higgins, is that somebody that you had known prior to that night?
MS. KOLOKITHAS: I did not know Brian.
MR. YANNETTI: He was one of the people you were introduced to.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And you since have learned — put the face to the name — — or, I'm sorry, I should say the name to the body, or the name to the face.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: All right. And where do you see Brian Higgins?
MS. KOLOKITHAS: He has like an emblem on the back of like a sweatshirt.
MR. YANNETTI: All right. So his back is to the camera.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And uh, we have not located that pointer. Thank you, sir. Yes. Now, if you can, ma'am, would you please use that pointer to show where you are first?
MS. KOLOKITHAS: That's me.
MR. YANNETTI: Okay. And Brian Higgins, that's him. All right. Do you recognize, at this point in the video, do you recognize anybody else?
MS. KOLOKITHAS: Not right now.
MR. YANNETTI: Okay. Uh, if we could start to play it, Mr. Woll, and stop for a second. Um, I would ask you as soon as you recognize somebody else, if you'd uh speak up and tell us to stop and we'll pause.
MS. KOLOKITHAS: Okay. So, right there um is Karen's head.
MR. YANNETTI: Is that the back of Karen's head, correct?
MS. KOLOKITHAS: So, that's the back of her head.
MR. YANNETTI: All right. And, by the way, just so the record's clear, over Mr. Higgins's shoulder there appears to be a face looking forward uh on the right shoulder. You see that, right?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: You're not referring to that. You're referring to the long hair that's in back of that face.
MS. KOLOKITHAS: Yes. Can I — could I point to it again?
MR. YANNETTI: Okay.
MS. KOLOKITHAS: So, I'm referring to that head right there.
MR. YANNETTI: Understood. Okay. And I think you had said something else.
MS. KOLOKITHAS: And then that right there um is John O'Keefe with the hat.
MR. YANNETTI: Okay. There's a ball cap.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And on the video as we're looking at it, it's to the right, up at the top. It's to the right of the PM uh chyron on the screen.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Sorry. If we could continue to play. Stop. What do you see?
MS. KOLOKITHAS: So, I see John giving Karen a kiss on the forehead.
MR. YANNETTI: Is that what you saw that night?
MS. KOLOKITHAS: I did. I was looking right at them when it happened.
MR. YANNETTI: You were facing them.
MS. KOLOKITHAS: I was facing them.
MR. YANNETTI: And uh, what about Mr. Higgins? Where was he facing?
MS. KOLOKITHAS: It appears that he's facing them as well. That happened right in front of him.
MR. YANNETTI: That's what it looks like. If we could play for — okay, you can stop and we can take that down. Now, that night, did you have any information about the nature of Karen Read's previous interactions with Brian Higgins?
MS. KOLOKITHAS: None whatsoever.
MR. YANNETTI: Okay. How long did you stay at the Waterfall, or if you recall, about what time you got ready to leave?
MS. KOLOKITHAS: I believe things wrapped up around midnight.
MR. YANNETTI: And with whom were you leaving around midnight?
MS. KOLOKITHAS: So, my husband and Matt McCabe stayed behind. They were helping the band um clean up and stuff. So, it was myself, Jennifer McCabe, and Karen Read that walked out together.
MR. YANNETTI: Okay. And you have — you've previously seen uh video footage of the end of the night with yourself, Karen, and Jennifer McCabe sort of in a grouping.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Um, and excuse me, I'm sorry, I just need to clear my throat. I hope that's the last time.
MS. KOLOKITHAS: That's okay.
MR. YANNETTI: Uh, did you see on that same video at the same time there's a grouping in another area of the bar at the same time?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And do you recall who was in that grouping?
MS. KOLOKITHAS: I believe it was Chris Albert, Brian Albert, and Brian Higgins.
MR. YANNETTI: Okay. Could we now uh publish again Exhibit 22? And I'm going — I'd like from the approximate start time of 11:57 and 42 seconds. And if we could hit play, Mr. Woll. Oh, I'll tell you what. Stop it for a sec. Thank you. Um, could you zoom in, please, on the right portion of that video, the upper right? We'll start with that. Um, so this is the start of this uh clip. Uh, it looks to be 11:57 and 38. Uh, do you see anybody in that clip that you recognize?
MS. KOLOKITHAS: Yes. So um I am the person with the jacket with the fur around the hood, and Karen Read is the other woman that I'm talking to.
MR. YANNETTI: We could play that, Mr. Woll. And right now, do you recognize anybody else in the background of that?
MS. KOLOKITHAS: Uh, so to the right in the plaid um shirt is my husband, Nicholas.
MR. YANNETTI: Okay. What about over your left shoulder?
MS. KOLOKITHAS: So, over my left shoulder is um John O'Keefe.
MR. YANNETTI: And does that appear to be his back?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Okay. You can play. And — stop for a second. He was uh in your line of vision at that point.
MS. KOLOKITHAS: Correct. Correct.
MR. YANNETTI: What does he appear to be doing?
MS. KOLOKITHAS: He appears to be um like paying a tab or something like that, or maybe getting a drink. I'm not sure.
MR. YANNETTI: Okay. And do you see him looking in a particular direction right now?
MS. KOLOKITHAS: Um, he looks um to be looking over his left.
MR. YANNETTI: Continue to play. Oh. If we could pause for a second. I neglected to ask you to point out with the pointer. We have it now. We might as well use it.
MS. KOLOKITHAS: Okay.
MR. YANNETTI: Um, if you could uh point to yourself first.
MS. KOLOKITHAS: Okay. So that's me.
MR. YANNETTI: All right. Karen.
MS. KOLOKITHAS: That's Karen. And John O'Keefe — that's John.
MR. YANNETTI: Okay. Continue to play, Mr. Woll. Stop. Back up just a sec. I'll tell you when. Set it up. Play. Stop.
MS. KOLOKITHAS: Okay.
MR. YANNETTI: Uh, do you see what direction John O'Keefe is facing now?
MS. KOLOKITHAS: He's looking to the left.
MR. YANNETTI: Okay. Keep going. Keep going. Stop. What direction is he facing now?
MS. KOLOKITHAS: To the left.
MR. YANNETTI: And what is over to the left?
MS. KOLOKITHAS: I believe that's where the other group of men are located, perhaps.
MR. YANNETTI: Okay. Keep playing. And I'd like to run this to 11:58:25. Stop. Um, at this point, his whole body is turned to the left.
MS. KOLOKITHAS: Correct. Correct.
MR. YANNETTI: And he appears to be facing where the other group of men were.
MS. KOLOKITHAS: I'm sorry. Repeat that.
MR. YANNETTI: He appears to be facing in the direction of where the other group of men were.
MS. KOLOKITHAS: Correct.
MR. YANNETTI: Continue to play all through until 11:58. Okay, that's perfect. Now, uh, keeping the video up, I'd like to now scroll over to the left side of the screen, and we're going to start that at 11:57 and 2 seconds, the same approximate time we started the previous discussion. Stop. Okay. Uh, you've previously described the other three men. Uh, are you able to identify them on this video now in this still frame clip?
MS. KOLOKITHAS: I believe I am able.
MR. YANNETTI: Uh, and who do you see?
MS. KOLOKITHAS: I see um Chris Albert, um, Brian Higgins, and Brian Albert.
MR. YANNETTI: And which one is which?
MS. KOLOKITHAS: Um, Chris Albert is the one that grabbed Brian Higgins's arm, and Brian Albert is with his back towards us.
MR. YANNETTI: Okay. Now I'll ask you to use the pointer and point to Chris Albert, please.
MS. KOLOKITHAS: That's Chris Albert on the right.
MR. YANNETTI: Where's Brian Higgins?
MS. KOLOKITHAS: That's Brian Higgins in the middle.
MR. YANNETTI: Yeah, in the middle.
MS. KOLOKITHAS: And that's um Brian Albert.
MR. YANNETTI: Okay. With regard to Brian Higgins, which direction is he facing?
MS. KOLOKITHAS: He's facing um the left. He's facing to the left. I mean, I'm sorry. He's facing to the right.
MR. YANNETTI: Okay. And the direction that he's facing in, who's over there?
MS. KOLOKITHAS: [unintelligible]
MR. YANNETTI: What is over there? Is that the direction of the bar?
MR. BRENNAN: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Okay. Um, continue to play, please. Stop. Um, did you see him grab his arm a second time?
MS. KOLOKITHAS: Correct.
MR. YANNETTI: And Brian Higgins is facing in which direction this time?
MS. KOLOKITHAS: He's facing the bar area.
MR. YANNETTI: Continue to play, please. Okay. Um, you noticed uh some motion that Brian Higgins made — back it up for a second, Mr. Woll, please. Stop. Did you see a motion that he put his um left arm up?
MS. KOLOKITHAS: Okay.
MR. YANNETTI: Uh, appeared to be summoning somebody. Um, continue to play. I'm sorry — uh, continue to play. I'll bear that in mind. Okay, we can stop there. Um, Miss Kolokithas, did you see how many times Brian Higgins motioned with his arm?
JUDGE CANNONE: Sustained. Counsel, please, Mr. Jackson.
MR. YANNETTI: Understood. Understood. Now, um, prior to this night, had you known or been aware of Chris Albert?
MS. KOLOKITHAS: Um, just knew him from seeing him at, um, D&E Pizza.
MR. YANNETTI: Okay. And you say you've seen him at D&E Pizza in what capacity?
MS. KOLOKITHAS: I think he's the owner there at D&E Pizza, and we've gotten pizza there before.
MR. YANNETTI: And you'd been in that establishment before, correct? And with regard to Brian Albert, have you had any interaction with him either that night or before?
MS. KOLOKITHAS: So, that night I was introduced to him and I think I even spoke to him a little bit there. Um, and then maybe saw him at a basketball game. I I don't remember him really prior to that night.
MR. YANNETTI: Okay. Now I'd like to uh play the portion of the video where you are then leaving and ask you some questions about that. Uh, yes. I think we can zoom out and um perhaps hit play, Mr. Woll, at this point and — pause for a sec. If you could use the pointer and just point out again where you are at this point.
MS. KOLOKITHAS: Um, that is me.
MR. YANNETTI: All right. And are you able to see Karen at that point?
MS. KOLOKITHAS: She's right there.
MR. YANNETTI: Okay. And what about Jen McCabe? Are you able to see her at that point?
MS. KOLOKITHAS: Um, I'm not sure.
MR. YANNETTI: Okay. All right. Continue to play, please, and stop for a sec. I I should have asked you — if you do see Jennifer McCabe enter the picture, could you alert us?
MS. KOLOKITHAS: Okay.
MR. YANNETTI: Continue to play. Okay. Um, when you — you can turn the lights back on — when you were leaving the establishment, whom did you leave with?
MS. KOLOKITHAS: So, again, it was um myself, Jennifer McCabe, and Karen.
MR. YANNETTI: Did anything unusual occur when you were leaving?
MS. KOLOKITHAS: So, as we were leaving, um, Jen went over to Karen, kind of put her arm around her, and started saying, "You're coming with me. You're coming with me." And Karen's like, "Huh?" Like, what? What? Like, where are we going?
JUDGE CANNONE: And I'm going to sustain the objection.
MR. YANNETTI: Um, the first part of that answer — the putting your arm around, or "you're coming with me" — why did that stand out in your memory?
MS. KOLOKITHAS: Um, just because I was there too, and it just was strange. It just — it was just like "you're coming with me" — it was just something that stood out to me.
MR. YANNETTI: You weren't included.
MS. KOLOKITHAS: Well, I mean, no, it's fine. I mean, it just stood out, you know. Yeah.
MR. YANNETTI: Uh, did Karen go with Jen?
MS. KOLOKITHAS: Um, no, she did not.
MR. YANNETTI: What did you see her do?
MS. KOLOKITHAS: So, then out of the clear blue, thinking that Karen was going to go with Jen, I see Karen with John.
MR. YANNETTI: And where did you see Karen with John?
MS. KOLOKITHAS: I saw them Just as we were — I was parked across Washington Street, um, across from the restaurant, and I just saw Karen and John like walking down towards what used to be Amber Road. Um, a place. It used to be Amber Road.
MR. YANNETTI: It used to be Amber Road?
MS. KOLOKITHAS: Yeah.
MR. YANNETTI: Is that the Amber Road Cafe?
MS. KOLOKITHAS: Correct. It was like a little cafe shop.
MR. YANNETTI: And did you figure out why they were walking in that direction?
MS. KOLOKITHAS: That's where I think Karen had parked her car.
MR. YANNETTI: Did you have any concerns about Karen being able to drive that night?
MS. KOLOKITHAS: I had talked to her all night and I did not notice anything strange about her. Like, I didn't think anything of it.
MR. YANNETTI: And once you parted ways, where did you go?
MS. KOLOKITHAS: I went to my car.
MR. YANNETTI: And what was your last image of seeing Karen and John that night?
MS. KOLOKITHAS: It was just them walking towards the car.
MR. YANNETTI: If I may have a moment.
JUDGE CANNONE: You want — okay.
MR. YANNETTI: Thank you so much.
JUDGE CANNONE: Okay. All right. Mr. Brennan.
MR. BRENNAN: Good afternoon. Was your last image of Karen and John both of them walking to the car — and Karen walking to the driver's side door of that car?
MS. KOLOKITHAS: Correct.
MR. BRENNAN: That night it was a celebratory mood.
MS. KOLOKITHAS: Correct.
MR. BRENNAN: Everybody was getting along fine.
MS. KOLOKITHAS: Yes, we were. Yes.
MR. BRENNAN: You were speaking to the defendant for some time.
MS. KOLOKITHAS: Most of the time. Correct.
MR. BRENNAN: You saw her at points hugging Jen McCabe.
MS. KOLOKITHAS: Correct.
MR. BRENNAN: You knew John?
MS. KOLOKITHAS: I did.
MR. BRENNAN: He was a kind man.
MS. KOLOKITHAS: Very kind.
MR. BRENNAN: Generous.
MS. KOLOKITHAS: Very generous.
MR. BRENNAN: Thoughtful.
MS. KOLOKITHAS: Very thoughtful.
MR. BRENNAN: Soft spoken.
MS. KOLOKITHAS: Yes.
MR. BRENNAN: That night was particularly different. He was extraordinarily proud and happy, wasn't he?
MS. KOLOKITHAS: Yes, he was.
MR. BRENNAN: And you could see him emote about his accomplishment — that his daughter got into private school.
MS. KOLOKITHAS: Correct.
MR. BRENNAN: Did you talk to John that night?
MS. KOLOKITHAS: I did.
MR. BRENNAN: No further questions.
JUDGE CANNONE: All right, Miss Kolokithas, you are all set. Okay, thank you. So, why don't I speak to counsel regarding scheduling. Actually, just one question. I'm going to talk to the lawyers about scheduling. I'm actually going to send you back to the room and bring you back. We will definitely be done by 1:00 — short 10 minutes — and we'll bring you right back.
JUDGE CANNONE: Please be seated. All right, jurors, I just realized that I probably made you go downstairs and up twice just to come back shortly. I'm sorry. Sorry I inconvenienced you that way, but we were able to talk. I am assured not only are we on schedule — we are ahead of schedule. I understand tomorrow is supposed to be very hot. Court officers are concerned about how we're going to keep the fans and air conditioners going and still be able to hear the witnesses. I've talked to the lawyers. Everybody's in agreement that because we're ahead of schedule, we give you tomorrow off. All right. So we won't be in session tomorrow. We will be in session Friday all day. So, those same reminders — please do not discuss this case with anyone.
JUDGE CANNONE: Don't do any independent research or investigation into this 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 use. We'll see you on Friday. All right.
COURT OFFICER: All rise for the jury's exit.
JUDGE CANNONE: Please be seated. Is there anything anybody needs to raise with me at this point?
MR. JACKSON: No, your honor.
JUDGE CANNONE: Okay. It's denied. Okay. I just saw that that was the one that was still outstanding. Okay. Thank you all. We'll see you Friday morning.
JUDGE CANNONE: Please be seated. All right, jurors. I just realized that I probably made you go downstairs and up twice to just come back shortly. I'm sorry. Sorry I inconvenienced you that way, but we were able to talk. I am assured not only are we on schedule — we are ahead of schedule. I understand tomorrow is supposed to be very hot. Court officers are concerned about how we're going to keep the fans and air conditioners going and still be able to hear the witnesses. I've talked to the lawyers. Everybody's in agreement that because we're ahead of schedule, we give you tomorrow off. All right. So, we won't be in session tomorrow. We will be in session Friday all day. So, those same reminders — please do not discuss this case with anyone.
JUDGE CANNONE: Don't do any independent research or investigation into this case. If you happen to see, hear, and read anything about this case, please disregard it and let us know. And be careful with your social media use. We'll see you on Friday. All right.
COURT OFFICER: All rise.
JUDGE CANNONE: Please be seated. Is there anything anybody needs to raise with me at this point?
MR. ALESSI: No, your honor.
JUDGE CANNONE: Okay. It's denied. Okay. I just saw that that was the one that was still outstanding. Okay. Thank you all. We'll see you Friday morning.