Nicholas Guarino - Direct (Part 2)

MR. GUARINO: Sure.

MR. GUARINO: Okay. Thank you. Good morning, everyone.

MR. GUARINO: Yes.

MR. GUARINO: Yeah. Good morning. My name is Nicholas Guarino. G-U-A-R-I-N-O.

MR. GUARINO: That's correct.

MR. GUARINO: Yes. So the extractions — into a program of our choosing. Cellebrite is the most commonly used. And then we can take call logs or text messages, uh, any information that the investigator is looking for.

MR. GUARINO: Yes, I did.

MR. GUARINO: Uh, the calls — those are the calls that the phone receives.

MR. GUARINO: Yep. So in the program you can go in and select uh the calls from it and export it into different formats — PDF, uh, XML, HTML — or you can create a portable case and extract them all as a portable case that we would see on my computer.

MR. GUARINO: Yes.

MR. GUARINO: Uh, it is the call logs — just want to make sure — uh, between John O'Keefe and the defendant, from — so let me see the dates. The 28th — January 28th, 2022, to January 29th, 2022.

MR. GUARINO: Yes, that's what I created.

MR. GUARINO: Yes, that is true.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes, I do.

MR. GUARINO: Uh, these are the texts from the defendant to John O'Keefe. Um, yes — January 29th, 2022. Yes, that's correct.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes.

MR. GUARINO: This is the uh text messages between John O'Keefe and Jen McCabe — on — to — on January 29th, 2022.

MR. GUARINO: Yes, that's correct. Yes.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes. This is the call log between John O'Keefe and Jen McCabe — just want to make sure I have all the dates correct — just for January 29th, 2022.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes. This is the text messages — excuse me — text messages between John O'Keefe and the defendant from January 28th to January 29th, 2022.

MR. GUARINO: Um, uh, what were you referring? I did make some uh reports from the defendant's phone.

MR. GUARINO: Again, the call log report is the calls that the party makes to another phone. So it's going to show everyone they've called or attempted to call.

MR. GUARINO: Yes.

MR. GUARINO: It's uh the call log from the defendant's phone for January 29th, 2022.

MR. GUARINO: Yes, that's fair to say. Yes, that's correct.

MR. GUARINO: Yes, you can. You can search by phone number or name.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes, I do.

MR. GUARINO: It's the phone calls from the defendant and Jennifer McCabe on January 29, 2022.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes, I do.

MR. GUARINO: Yep. It's the call logs between the defendant and Kerry Roberts for January 29th, 2022.

MR. GUARINO: Yes, it is.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes.

MR. GUARINO: This is text messages between the defendant and Kerry Roberts on January 29th, 2022.

MR. GUARINO: Yes, I did.

MR. GUARINO: Yes.

MR. GUARINO: Yes. This is a text conversation between the defendant and — looks like a group chat between Ingrid Curtis and Bill Curtis.

MR. GUARINO: Yes. This is on January 29, 2022.

MR. GUARINO: Yes. It's the raw data extraction of John O'Keefe's cell phone.

MR. GUARINO: Yes, the raw data extraction of Jen McCabe's cell phone that I created.

MR. GUARINO: Yes. So, I didn't do the extraction of Jen's phone, but I made those reports with the PDFs from that extraction.

MR. GUARINO: Yes, that's correct.

MR. GUARINO: Yes. It also included the 28th.

MR. GUARINO: Yes, I did.

MR. GUARINO: Just to show the texts and calls in chronological order, because that way you're not looking at two different documents trying to compare and contrast the calls to text messages when each is coming in.

MR. GUARINO: Yes, that's correct.

MR. GUARINO: Yes, there's a handful starting around 9:45 a.m.

MR. GUARINO: Yes. So, this is — the bulk of this is the PowerPoint — calls and text messages — and at the beginning there's the messages from before 2:16 in the morning.

MR. GUARINO: Yes. Apologize if I misspell things or misstate them. Start time. All right. This is from Karen Read to John O'Keefe: "You have really hurt me this time." This was sent at 9:49:22 a.m. on the 28th. From John O'Keefe to the defendant: "I'm sorry. This has been an issue with me for 8 years. It physically hurts me to see everyone else in their life do things for them, and I'm forced to always be the bad guy." This was sent at 10:02:56 a.m. on the 28th. From the defendant to John O'Keefe: "I'm not the same as everyone else. Most of the time, I try to do what is healthy/smart for them. More importantly, I try to support you and what you need. You just lashed out at me and said terrible things. I don't know how you've gotten to this point with me when I'm just trying my hardest.

MR. GUARINO: You made your point and continue to beat me down. I have a lot going on, too. Physically, I am falling apart and trying to get answers and help." 10:09:49 a.m. on the 28th. From the defendant to John O'Keefe: "I am just your girlfriend. I am not a perfect parent. I'm trying very hard and sometimes treat them — nothing like I used to." 10:10:46 a.m. on the 28th. From John O'Keefe to the defendant: "I know. I'm sorry for lashing out. I'm just hurting and struggle daily with them. Always feel like I'm failing at this parenting thing. I wasn't built for this." 10:14:12 a.m. on the 28th. From the defendant to John O'Keefe: "Kaylee isn't perfect, but everything wonderful about her is because of you." 12:21:06 p.m. on the 28th.

MR. GUARINO: From John O'Keefe to the defendant: an emoji is sent at 12:21:59 on the 28th. From the defendant to John O'Keefe: "It's true. I know she's her mother's daughter, but she wouldn't be so bright and successful if she lived with anyone else." 12:22 p.m. on the 28th. From the defendant to John O'Keefe: "Wow. Kristen just sent two back-to-back messages. Do not lose your faith in the kids." 12:31:28 p.m. on the 28th. From the defendant to John O'Keefe — or in yourself — at 12:31:41 p.m. on the 28th. From John O'Keefe to the defendant: there are two emojis sent at 12:32:00 p.m. on the 28th. From the defendant to John O'Keefe: "No." And there are two emojis. "Life can pick you up sometimes. Please be happy with them and put away your frustrations for the rest of the day.

MR. GUARINO: And be so proud of yourself, JJ." That's 12:33:05 p.m. on the 28th. From John O'Keefe to the defendant, that's what bothers me more than anything. Should have sent Peg's or Sarah's W2s. We are all equal guardians. 1:18 p.m. on the 28th. From the defendant to John O'Keefe, maybe you can call someone. 1:21:55 p.m. on the 28th. From John O'Keefe to the defendant. Like who? 1:46:42 p.m. on the 28th. From John O'Keefe to the defendant. What time are you coming here? 1:47:38 p.m. on the 28th. From John O'Keefe to the defendant. Another emoji sent. 2:05:30 p.m. on the 28th. From the defendant to John O'Keefe, I don't know what time. Feel kind of out of it. Just trying to clear my head. 2:06:07 p.m. on the 28th. From John O'Keefe to the defendant. He writes, "Okay." 2:06:02 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe. Text me when you guys settle in later. 2:06:04 p.m. on the 28th. From John O'Keefe to the defendant. Sure. 2:06:58 p.m. on the 28th. From the defendant to — Oh, that's cut off here, sir.

MR. GUARINO: I believe it. Yeah. Goes to the next one.

MR. GUARINO: This is from the defendant to John O'Keefe. I feel pretty shitty about how this morning went down. I know you said sorry, but it really stung. Especially — excuse me — especially when I've been trying pretty hard lately. I feel like a loser turning around, just coming back over after everything you said. 2:16:10 p.m. on the 28th. From John O'Keefe to the defendant. Not sure what else you want me to do. I said I'm sorry and I was out of line. If you prefer to stay home, I totally get it. 2:17:16 p.m. on the 28th. From the defendant to John O'Keefe. Things in my own life have been difficult too, you know. 2:17:33 p.m. on the 28th. From John O'Keefe to the defendant. I know. 2:17:40 p.m. on the 28th. At 2:17:45 p.m., the defendant calls John.

MR. GUARINO: The phone call is answered and they speak for 2 minutes 22 seconds. At 2:23:02 p.m., the defendant calls John. That call is answered and they speak for 1 minute 2 seconds. At 2:24:07 p.m., the defendant calls John and the call is rejected. From the defendant to John O'Keefe, tell me if you're interested in someone else. Can't think of any other reason you've been like this. 2:25:18 p.m. on the 28th. From John O'Keefe to the defendant. Nope. 2:25:33 p.m. on the 28th. From John O'Keefe to the defendant, "Things haven't been great between us for a while. Ever consider that?" 2:26:03 p.m. on the 28th. At 2:28:40 p.m., the defendant calls John. That call is rejected.

MR. GUARINO: Yes. So, if the call is not answered, that means the call rang out and goes to voicemail. If the call is rejected, that is someone actively hitting the send-to-voicemail button to disable the call — to stop it from ringing. From John O'Keefe to the defendant, kids are here, not in the mood to talk. 2:29:03 p.m. on the 28th. From the defendant to John O'Keefe. So, you're not into it anymore? That's fine, but I don't want to keep trying and you keep treating me like this. 2:29:12 p.m. on the 28th. From the defendant to John O'Keefe, I'm trying to hug and kiss you this morning and you whack me in the face with a pillow. 2:29:59 p.m. on the 28th. From the defendant to John O'Keefe, last night, you're basically like, "Yeah, what about when we talk about the future?

MR. GUARINO: So, why don't you just admit you're not into it so much anymore?" 2:30:23 p.m. on the 28th. From John O'Keefe to the defendant. Not how it went down, but okay. 2:30:26 p.m. on the 28th. From the defendant to John O'Keefe, can you please admit your head is out of the game with us? 2:30:52 p.m. on the 28th. John O'Keefe to the defendant. Sick of always arguing and fighting. It's been weekly for several months now. So, yeah, I'm not as quick to jump back into being lovey-dovey as you, apparently. 2:32:08 p.m. on the 28th. At 2:32 p.m., the defendant calls John. That call is rejected. John O'Keefe to the defendant. OMG, stop calling. 2:32:54 p.m. on the 28th. From the defendant to John O'Keefe, then why would you start with me this morning? 2:32:08 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe, you're setting me up to fail. 2:33:05 p.m. on the 28th. From the defendant to John O'Keefe, you start a number of fights from your end. 2:33:26 p.m. on the 28th. From John O'Keefe to the defendant, I've explained it a few times already. Not doing it again. 2:33:01 p.m. on the 28th. From the defendant to John O'Keefe. So, you're not into this anymore? 2:33:41 p.m. on the 28th. From John O'Keefe to the defendant. Not into fighting all the time. Correct. 2:34:03 p.m. on the 28th. From the defendant to John O'Keefe, if you — excuse me — if you tell me you're interested in someone else, you will never hear from me again. You can have all the space in the world. 2:34:01 p.m. on the 28th. From John O'Keefe to the defendant, he sends an emoji. 2:34:19 p.m.

MR. GUARINO: on the 28th. From the defendant to John O'Keefe, then stop starting with me. 2:34:20 p.m. on the 28th. At 2:34 p.m., the defendant calls John. He rejects the call. John O'Keefe to — excuse me — the defendant. I'm not answering. Stop calling. 2:34:02 p.m. on the 28th. From the defendant to John O'Keefe, can you please answer after how you treated me earlier? At 2:34 p.m., the defendant calls John. That's rejected. John O'Keefe to the defendant. Kaylee is right here. 2:35:02 p.m. on the 28th. The defendant to John O'Keefe, you start a rager with me out of nowhere and then tell me you're sick of fighting with me. 2:35:41 p.m. on the 28th. The defendant to John O'Keefe, I'm going to grab a drink in a bit. 2:38:14 p.m. on the 28th. At 2:38 p.m., the defendant calls John. That call is rejected.

MR. GUARINO: The defendant to John O'Keefe. Can you please answer? 2:38:02 p.m. on the 28th. From John O'Keefe to the defendant. No, Karen. Not sure why you need to announce that you're grabbing a drink, but have fun. 2:39:46 p.m. on the 28th. From the defendant to John O'Keefe, seeing if you want to meet me later. 2:40:22 p.m. on the 28th. From the defendant to John O'Keefe, can you please call me? 2:40:32 p.m. on the 28th. From John O'Keefe to the defendant. Have to take them to the doctor. He has practice. 2:40:55 p.m. on the 28th. From the defendant to John O'Keefe. Yeah. 5 minutes. 2:41:07 p.m. on the 28th. At 2:43:01 p.m., the defendant calls John. It's not answered. At 2:43:45 p.m., the defendant calls John. The call is rejected. John O'Keefe to the defendant, "My father just walked in."

MR. GUARINO: 2:43:58 p.m. on the 28th. The defendant to John O'Keefe. Okay. Can you please call me for 2 minutes? 2:44:14 p.m. on the 28th. John O'Keefe to the defendant. Not right now. 2:44:23 p.m. on the 28th. The defendant to John O'Keefe. I'm there when anyone else needs me. 2:44:26 p.m. on the 28th. At 2:45:02 p.m., the defendant calls John. The call is rejected. The defendant to John O'Keefe, yes, John. You gave me utter grief this morning. I'd like you to call me for amends. 2:46:16 p.m. on the 28th. The defendant to John O'Keefe. I've been trying to get over the hump with this arguing and now you tell me you're not into doing things and you don't want to fight weekly, but fly off the handle at 8 a.m. with me — like you're setting me up to fail. 2:47:08 p.m. on the 28th.

MR. GUARINO: Defendant to John O'Keefe. I've been dealing with my own personal crisis over things I have zero control over. I'd like to lean on you too sometimes. Instead, I just hear everything I've done wrong. 2:48:34 p.m. on the 28th. At 2:50:06 p.m., the defendant calls John. The call's rejected. At 2:51:13 p.m., the defendant calls John. It's rejected. 2:52:07 p.m. John calls the defendant. Not answered. At 2:53:56 p.m., the defendant calls John. Again, not answered. The defendant to John O'Keefe. You seriously cannot pick up the phone for 2 seconds. 2:54:13 p.m. 2:58:05 p.m. The defendant calls John. It's rejected. At 2:59 p.m., John calls the defendant. The call is answered and they speak for 4 minutes 59 seconds. From the defendant to John O'Keefe, why don't you meet me at Hillside at 4:30/5.

MR. GUARINO: 3:08:05 p.m. John O'Keefe to the defendant, sends an emoji. 3:10:08 p.m. on the 28th. From the defendant to John O'Keefe, or whenever you get — excuse me — or whenever you get everyone settled. 3:10:05 p.m. on the 28th. From John O'Keefe to the defendant. Like I said, doctor now and he has practice till 6:00. If you want to go start drinking, then go for it. 3:36:21 p.m. on the 28th. The defendant to John O'Keefe. I didn't know the times of his practice. 3:36 p.m. on the 28th. The defendant to John O'Keefe. I just want to give you space at the house without me there. So rather meet you out than meet at the house. 3:37:01 p.m. on the 28th. John O'Keefe to the defendant. Yeah. Well, now there's a 72-year-old taking up shop on my couch. 3:37 p.m. on the 28th. The defendant to John O'Keefe.

MR. GUARINO: Yeah, that too. 3:37:46 p.m. on the 28th. From the defendant to John O'Keefe, is he going to Collins? 3:38 p.m. on the 28th. John O'Keefe to the defendant. Not tonight. 3:38 p.m. on the 28th. From the defendant to John O'Keefe. So, do you plan on going out tonight? 3:39:01 p.m. on the 28th. From John O'Keefe to the defendant, Karen, I don't know. 3:39:07 p.m. on the 28th. John O'Keefe to the defendant. You're like jonesing to drink, so go. 3:39 p.m. on the 28th. From the defendant to John O'Keefe. Okay. Okay. Well, after how this morning went down, I don't think I need to be back over there with you. Get frustrated at how I am with kids. The kids has nothing to do with drinking. 3:40 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe, "I am paranoid now that everything I do with them is problematic. So rather see you for a minute without kids around." 3:40 p.m. on the 28th. From John O'Keefe to the defendant. What's your plan? At 4:47 p.m. on the 28th. From the defendant to John O'Keefe. Don't have one. 4:50:09 p.m. on the 28th. John O'Keefe to the defendant. So, still home. 4:50:26 p.m. on the 28th, the defendant to John O'Keefe. Yes. 4:50, excuse me, 4:50:45 p.m. on the 28th. John O'Keefe to the defendant. We just got home. Waits to see what Papa decides here or else I have to get Patrick at 6:00. 4:59:45 p.m. on the 28th. The defendant to John O'Keefe. Okay. 5:01:55 p.m. on the 28th. John O'Keefe to the defendant. So, are you staying home or coming here? 5:02:23 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe. Waiting to see what you end up doing. I don't want to hang out at the house too much. Like I said, 5:03 p.m. on the 28th. From the defendant to John O'Keefe, I think it's clear me around the kids. Excuse me. I think it's clear me around with the kids around is slowly killing our relationship and our relationship is much more important to me. 5:04:16 p.m. on the 28th. John O'Keefe to the defendant. Well, there's a blizzard coming, so we'll be inside all weekend. 5:04:19 p.m. on the 28th. The defendant to John O'Keefe, it will be over by noon tomorrow. 5:04:44 p.m. on the 28th. John O'Keefe to the defendant, don't think so. 5:05 p.m. on the 28th.

MR. GUARINO: The defendant to John O'Keefe, "I don't want to keep having this constant conflict of the dynamic of the four of us. The harder I try, the more it kills our relationship as a couple. It feels like [unintelligible] to be in that position. Rather just meet you all for drinks when you figure out what your night looks like." 5:06:05 p.m. on the 28th. John O'Keefe to the defendant. Well, I have no idea what's going on, so do what you want. 5:07:34 p.m. on the 28th. John O'Keefe to the defendant, need to figure out what everyone here is doing. All I know now is Maline is coming over. No clue about Patrick yet or if Papa is planning on hanging for a few more hours. 5:09:29 p.m. on the 28th from the defendant to John O'Keefe. Okay.

MR. GUARINO: Well, when you know the story and if you want me to come up, let me know. 5:12:36 p.m. on the 28th. John O'Keefe to defendant. No, Karen, you decide what you want to do. 5:13:18 p.m. on the 28th. From the defendant to John O'Keefe, I know your heart isn't in this anymore. I felt it for a while and especially lately. I'm willing to try more, but not if you're approaching the point of indifference. If you want me to come up and you can head out for a while, then say so when you know what your father is doing. 5:14:23 p.m. on the 28th. John O'Keefe to the defendant, you come up and I head out. Really? Emoji. 5:15:48. John O'Keefe to the defendant. I've told you already I don't bounce back as quickly as you do after we have a battle. 5:16:52 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe, no head out together with an emoji. 5:17 p.m. on the 28th. From the defendant to John O'Keefe or meet out. 5:17:54 on the 28th. John O'Keefe to the defendant. Going to send Patrick to Collins tonight. They're picking him up around 7. Mike may hang out too when he brings Matt over. So why don't you just come over? 5:19:42 p.m. on the 28th. From the defendant to John O'Keefe. Mike doesn't want to go out for a bit. 5:20 p.m. on the 28th from the defendant to John O'Keefe. I would like to been a day from the jump. 5:20:33 p.m. on the 28th. From John O'Keefe to the defendant. Probably. 5:20:39 p.m. on the 28th. John O'Keefe to the defendant. I just got sober an hour ago. 5:20:56 p.m. on the 28th. From the defendant to John O'Keefe, I'll text you.

MR. GUARINO: Hang with Mike for a few. I don't need to butt in. Text me if/when you think you may head out. 5:25:12 p.m. on the 28th. From the defendant to John O'Keefe. Can you send me Tim Z's contact info, please? 5:26:38 p.m. on the 28th. John O'Keefe to the defendant. I paid the last bill. 5:27:08 p.m. on the 28th from the defendant to John O'Keefe. You didn't have to do that. Thanks. 5:27:43 p.m. on the 28th. From the defendant to John O'Keefe, are you really not going to accept my friend request? 5:32:03 p.m. on the 28th. John O'Keefe to the defendant. An emoji on what? FB. 5:33:01 p.m. on the 28th from the defendant to John O'Keefe. Yeah, we've been going out for 2 years. 5:33:20 p.m. on the 28th. John O'Keefe to the defendant, I haven't gone on. You befriended me over a year ago, I believe.

MR. GUARINO: 5:33:48 p.m. on the 28th. From the defendant to John O'Keefe, Carrie texted that they're headed out in a bit. 6:05:29 p.m. on the 28th. From John O'Keefe to the defendant. Okay. 6:14:55 p.m. on the 28th. From the defendant to John O'Keefe. She's going to let me know where. 6:17 p.m. on the 28th. John O'Keefe to the defendant. So, you're going to meet them? 6:18:12 p.m. on the 28th from the defendant to John O'Keefe. Just presenting it as an option. Wouldn't mind hanging out with them for a drink. 6:19 p.m. on the 28th. Sorry. From the defendant to John O'Keefe, is Mike over? 6:27:26 p.m. on the 28th from John O'Keefe to the defendant. Yes. 6:29:45 p.m. on the 28th from the defendant to John O'Keefe. Sounds like you're good with getting together tonight. 6:31:02 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe, was hoping after this morning you'd be interested in smoothing things over with me. 6:32:04 p.m. on the 28th. John O'Keefe to the defendant, told you to come over, but you insisted on meeting me out somewhere. 6:33:44 p.m. on the 28th. From the defendant to John O'Keefe, Mike is a little off with me for a while now. I've said that multiple times. 6:34 p.m. on the 28th. From John O'Keefe to the defendant. Time to get over it, Karen. He's fine. He was fine the other night when he came by. 6:38:09 p.m. on the 28th. From John O'Keefe to the defendant. Where are you meeting them? 6:39 p.m. on the 28th. From the defendant to John O'Keefe. I don't have plans with them. She just said they're headed out in a bit and we'll text when they land somewhere.

MR. GUARINO: 6:39:52 p.m. on the 28th. From the defendant to John O'Keefe, "If you want to go out with Mike solo, that's fine. Just let me know." 6:40:07 p.m. on the 28th. From John O'Keefe to the defendant, I already told you what you should do. Not going to keep doing this. 6:41:07 p.m. on the 28th. From the defendant to John O'Keefe. I asked to let me know if you guys are going to head out. I haven't been out for drinks this week and had a week and a day, and I dread Kaye or Pat is going to get chatty with me the second I walk in and that is going to irritate you. 6:43:21 on the 28th. John O'Keefe to the defendant. Pat is leaving. K is with [unintelligible] Cam. 6:44:02 p.m. on the 28th. John O'Keefe to the defendant. I'll text Chris then. 6:46:44 p.m. on the 28th. John O'Keefe to the defendant.

MR. GUARINO: We're headed out shortly. What's your plan, Karen? Excuse me, 7:06 p.m. on the 28th. From the defendant to John O'Keefe, do you want me to join or no? 7:06:37 p.m. on the 28th. From John O'Keefe to the defendant. Yes. Wasn't sure if you were meeting the Currins. 7:07:04 p.m. on the 28th. From the defendant to John O'Keefe, they are not out drinking yet. 7:07:00 p.m. on the 28th. From the defendant to John O'Keefe, where are you headed? 7:09:22 p.m. on the 28th. John O'Keefe to the defendant, trying to decide. Maybe McCarthy's. 7:14:08 p.m. on the 28th. From the defendant to John O'Keefe. Okay, then let me know where you decide. I'm still down in Mfield. 7:21 p.m. on the 28th. From John O'Keefe to the defendant. Text me when you leave. Still waiting on [unintelligible]. 7:22:08 p.m.

MR. GUARINO: on the 28th. From the defendant to John O'Keefe. I'm having issues with my hot water, so had to text someone to take a look. 7:24:01 p.m. on the 28th. John O'Keefe to the defendant. An emoji. You trying to piss me off? 7:25:35 on the 28th. John O'Keefe to the defendant, hope your plumber buddy that you texted is hot. 7:26:24 p.m. on the 28th. From the defendant to John O'Keefe. Nope. My shower only got lukewarm and now my sink won't run hot at all. The plumber I used to use is right down the road. 7:26:27 p.m. on the 28th. From the defendant to John O'Keefe, I turn that temp thing in the basement all the way up. 7:26:52 p.m. on the 28th. John O'Keefe to the defendant, check the hot water heater and see if it's leaking. 7:26:52 p.m. on the 28th. The defendant to John O'Keefe, it's not.

MR. GUARINO: 7:26:59 p.m. on the 28th. John O'Keefe to the defendant, don't do that. 7:27:01 p.m. on the 28th. John O'Keefe to the defendant, is the pilot lit? 7:27:08 p.m. on the 28th. From the defendant to John O'Keefe, I was trying to get my shower hot. 7:27 p.m. on the 28th. The defendant to John O'Keefe, yes. 7:27:04 p.m. on the 28th. From John O'Keefe to the defendant. Don't turn it up. Don't turn it all the way up. 7:27:26 p.m. on the 28th. John O'Keefe to the defendant. It will burn out. 7:27:32 p.m. on the 28th. From the defendant to John O'Keefe. I had this issue twice before and it wasn't a disaster. I just can't remember what the cause was. 7:27:41 on the 28th. From John O'Keefe to the defendant, just turn it back to where it was and get over here. 7:28:08 p.m. on the 28th.

MR. GUARINO: From the defendant to John O'Keefe, I don't want to come home in a blizzard and then really be up Shit's Creek. 7:28 p.m. on the 28th. John O'Keefe to the defendant. So, you're going to go home tonight? 7:29:18 p.m. on the 28th. And the defendant to John O'Keefe, or tomorrow or whenever. I've had a chill all day since my shower. 7:29:45 p.m. on the 28th. From John O'Keefe to the defendant, it's going to snow all day tomorrow. No driving. 7:30:05 p.m. on the 28th. From John O'Keefe to the defendant, we're headed to McCarthy's. 7:41:29 p.m. on the 28th from the defendant to John O'Keefe. Okay, let me know if you end up leaving. 7:41:57 p.m. on the 28th from John O'Keefe to the defendant. Why? Now you're not coming. 7:42:27 p.m. on the 28th. From the defendant to John O'Keefe.

MR. GUARINO: I'm waiting for the plumber. I actually think he's in the driveway. 7:42:06 p.m. on the 28th. From John O'Keefe to the defendant. We're taking Mike's car, so I'm relying on you for a ride home if he leaves. 7:43:10 p.m. on the 28th. From the defendant to John O'Keefe, he's not going home after 7:43:27 p.m. on the 28th. John O'Keefe to defendant, 8:00 on a Friday, emoji. 7:43:01 p.m. on the 28th. John O'Keefe to the defendant. He may have to get Michael. 7:43:46 p.m. on the 28th. John O'Keefe to the defendant. You have a plumber coming over at 8. Knowing me and Papa could have handled it. Good luck. 7:44:36 p.m. on the 28th. From the defendant to John O'Keefe. I have always told you I will not put either of you out of your way the way everyone else in your life does.

MR. GUARINO: I knew it wasn't working right when you were at the doctors with Kaye and I knew neither of you could get here and this guy Richie fixed it last time. Whatever it was, he was supposed to be here at 5. 7:48:01 p.m. on the 28th from the defendant to John O'Keefe. If it's not a quick fix, I'll tell him to forget it. 7:48:20 p.m. on the 28th. John O'Keefe to the defendant, if you need a new water heater, don't let him do it. 7:54 — excuse me — 7:55:04 p.m. on the 28th. I just want to make sure nothing is wrong slash will go wrong when I'm not home. 7:55:04 on the 28th. From the defendant to John O'Keefe. He's not a scammer. Half the quick stuff he doesn't even charge me for. 7:56:06 p.m. on the 28th. The defendant to John O'Keefe. He just put the toilet seats on crooked. 7:56:28 p.m.

MR. GUARINO: on the 28th. John O'Keefe to the defendant, status. 8:09:02 p.m. on the 28th. From the defendant to John O'Keefe, still here with an emoji. 8:09:08 p.m. on the 28th. From the defendant to John O'Keefe, said he's got to go to HD and probably be back mañana. 8:23:56 p.m. on the 28th. John O'Keefe to the defendant. So 8:24:03 p.m. on the 28th from the defendant to John O'Keefe. An emoji 8:25:02 p.m. on the 28th from the defendant to John O'Keefe. Just trying to figure out if I need to be here. 8:25:51 p.m. on the 28th. From John O'Keefe to the defendant. What does it need? 8:26:01 p.m. on the 28th from the defendant to John O'Keefe. I don't know. He showed me some pieces that were all rusted. An emoji. I don't understand half this stuff. 8:26:42 p.m. on the 28th.

MR. GUARINO: John O'Keefe to the defendant, on the water heater. 8:26:09 p.m. on the 28th. From the defendant to John O'Keefe. Yes. 8:27:08 p.m. on the 28th. From John O'Keefe to the defendant, tell him to leave it. I'll take care of it Sunday or Monday. 8:28:30 p.m. on the 28th. From the defendant to John O'Keefe. No, it's okay. I can either meet him here or just shut off the alarm. 8:28:52 p.m. on the 28th. From the defendant to John O'Keefe. He used to work here while I was at work. 8:29:02 p.m. on the 28th. From John O'Keefe to the defendant, does he realize it will be white out conditions tomorrow. 8:29 p.m. on the 28th. From the defendant to John O'Keefe. Yeah, but he lives right down the road. 8:29:47 p.m. on the 28th. From John O'Keefe to the defendant.

MR. GUARINO: Karen, this storm is going to be intense. Can't drive. 8:30:19 p.m. on the 28th. From the defendant to John O'Keefe. Okay. Well, if he can't, he can't. 8:30:36 p.m. on the 28th. John O'Keefe to the defendant. I'll do it Monday. 8:30:56 p.m. on the 28th. From the defendant to John O'Keefe. Ha. I better not still have this problem on Monday. 8:31:22 p.m. on the 28th. From John O'Keefe to the defendant. You plan on being there? 8:31:43 p.m. on the 28th. From the defendant to John O'Keefe, I need to know I can take a shower, a hot shower. They're here if I need to. 8:32:04 p.m. on the 28th. From John O'Keefe to defendant. Figured you'd be in Kansas until Monday. 8:32 p.m. on the 28th. From John O'Keefe to the defendant. I'm getting off my phone. Let me know what you're doing. 8:32:54 p.m.

MR. GUARINO: From the defendant to John O'Keefe. I think the four of us together is toxic to this relationship. Would like to limit it. 8:33:16 p.m. on the 28th. From the defendant to John O'Keefe. You've said so yourself for probably a year now. 8:33:52 p.m. on the 28th. John O'Keefe to the defendant. Blizzard tomorrow. Nobody is going anywhere. 8:33:56 p.m. on the 28th. From the defendant to John O'Keefe. Maybe I'll come back late tonight. Bad snow is in the early A.M. 8:35:14 p.m. on the 28th. From the defendant to John O'Keefe, I'll head up there in a few min. Let me know if you leave. 8:35:26 p.m. on the 28th. John O'Keefe to the defendant, an emoji. Sure. 8:35:34 p.m. on the 28th. That was the last of them. We're almost done, sir. And you can feel free to stand. Okay. Thank you, your honor.

MR. GUARINO: So that presentation is a compilation of texts, messages, and phone calls between

MR. GUARINO: Yes, that was.

MR. GUARINO: Yes, there's more text messages.

MR. GUARINO: Yes, that's correct.