Commonwealth v. Read — Trial Archive
Trial 2 Trial Day
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Day 7 - April 30, 2025

McCabe Testifies About 911 Response and Prior Accounts

Judge Beverly J. Cannone
4Proceedings
3Pages
1Witnesses
3,250Lines
11 sidebars
Day 7 of 36
Appearing:
Hank BrennanAlan JacksonJennifer McCabe

Jennifer McCabe's testimony covered the 911 response, later contacts, and questions about prior accounts of what Karen Read said.

Full day summary

Jennifer McCabe continued testimony about the response after John O'Keefe was found, including the 911 call she made, a request she said Karen Read made about searching for hypothermia, and her account of hearing Read speak to a first responder. Before jurors entered, the court allowed limited directions testimony concerning Fairview. On cross-examination, McCabe was questioned about discussions with Kerry Roberts and others, her contacts before an April 2023 interview, and her recollection of vehicles outside 34 Fairview; she denied discussing testimony or comparing accounts. On recross, the defense used stipulated texts and prior testimony to question differences between McCabe's present account and earlier descriptions of what Read said. McCabe maintained her recollection, while qualifying aspects of her memory about the SUV's positions. The court sustained objections during the questioning, instructed counsel not to identify the other agency as the FBI or refer to a federal grand jury, and marked some exhibits for identification.

Notable Moments

Judge Allows Limited Directions Testimony and Defers Clip Playback

The judge allowed limited testimony that Jennifer McCabe gave John O'Keefe directions by identifying a house near "(c)'s mom's house."

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Jennifer McCabe recounts 911 call, reported statement, and early-morning response

Exhibit 45, the audio of McCabe's 911 call, was marked and played; McCabe testified that she was in shock while trying to provide information and obtain help.

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Jennifer McCabe recounts 911 call, reported statement, and early-morning response

McCabe testified that she heard Read tell a female first responder, "I hit him" three times. The court later sustained an objection and struck a separate question-and-answer exchange about McCabe's motivation for interrupting.

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Jennifer McCabe - Cross-Examination

McCabe acknowledged discussing the case and the morning's events with Kerry Roberts, while denying that they discussed testimony or compared accounts.

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Jennifer McCabe - Recross

The defense used McCabe's prior grand-jury testimony to contrast questions attributed to Read—such as "Could I have hit him?"—with McCabe's present account that Read said "I hit him" three times.

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Notable Quotes
Jennifer McCabe
“She told the first responder, "I hit him. I hit him. I hit him."”
McCabe testified that Read made this reported statement to a first responder.
Jennifer McCabe
“It took me hours and in some cases days to remember all the things that Ms. Read had said. My mind, I was in a state of shock, but the minute I remembered she said, "I hit him. I hit him. I hit him," I called Officer Lank.”
McCabe explained why she said she later reported the statement to Officer Lank.
Video thumbnail for Day 7 — McCabe (Direct cont/Cross) 7h 30m
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1. Jennifer McCabe — Direct (Part 2)

Jennifer McCabe continued direct examination with photographs, 911 audio, and Fairview video, describing the emergency response and later police contacts.

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Procedural
Judge Allows Limited Directions Testimony and Defers Clip Playback
40 lines

Before jurors entered, the court considered the prosecution's proposed testimony from Jennifer McCabe about giving John O'Keefe directions to Fairview by identifying a nearby house. Defense counsel initially raised a hearsay concern but agreed after the prosecution narrowed the offer to the directions themselves rather than the nature of a relationship. The judge allowed the limited testimony and stated that clips 12 and 12A could be played; the parties agreed not to play them while McCabe was on the stand.

sidebar
April Narration Impeachment Procedure
12 lines

Counsel discussed an unauthored April 2023 narration and potential impeachment of Mrs. McCabe; the judge required defense counsel to come to sidebar before using it for impeachment.

Direct
Jennifer McCabe Hank Brennan
645 lines

Jennifer McCabe continued her direct examination by identifying photographs of John O'Keefe's home and Read's vehicle, then listening to the 911 call she made after O'Keefe was found. She described the emergency scene, testified that Read asked her to search about hypothermia after police arrived, and said she heard Read tell a female first responder, "I hit him" three times. The prosecution played video from Fairview as McCabe identified people and events shown there. McCabe also described police contacts, waking Nicole and Brian Albert at Officer Lank's request, and later conversations with investigators. The court marked Exhibit E for identification after the defense objected to its admission.

2 sidebars inside this proceeding
  1. Counsel Conduct Before Jury The judge addressed reported facial reactions and eye-rolling toward the jury, instructing counsel to stop and turn the chair toward the front.
  2. Police Report Marked Identification Counsel agreed the police report would be marked for identification rather than admitted at that time, and the judge directed the court reporter to mark it.

2. Jennifer McCabe — Cross (Part 1)

Jennifer McCabe denied discussing testimony or comparing accounts as cross-examination addressed her contacts with others, prosecutor meetings, and events surrounding the Waterfall gathering and 34 Fairview.

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Cross
Jennifer McCabe Alan Jackson
1425 lines

Defense counsel questioned Jennifer McCabe about her repeated discussions with Kerry Roberts and other family members, meetings with prosecutors before testimony, and relationships involving the Albert family and law enforcement. McCabe acknowledged discussing the case and events with Roberts but denied discussing testimony or comparing accounts. She testified that, after an April 2023 interview by another law-enforcement agency, she called the officers back because she had forgotten to mention additional contacts, including Peggy O'Keefe, her witness advocate, and Brian Albert. The examination also covered the Waterfall gathering, the arrival of vehicles at 34 Fairview, and a screenshot McCabe requested about Ryan Nagel's arrival. The judge restricted counsel from identifying the other agency as the FBI or referring to a federal grand jury, sustained several objections, and directed that only answers to questions were evidence.

4 sidebars inside this proceeding
  1. Other Agency Reference Limits The judge addressed references to another law-enforcement agency and instructed counsel not to mention the FBI, agents, or a federal grand jury before ordering a 20-minute recess.
  2. Sealed Post-Recess Sidebar Following the morning recess, counsel were called to a sidebar that the reporter transcript identifies as sealed.
  3. Marital Conversation Question Objection Counsel disputed whether a proposed question concerning a conversation with a husband was privileged or otherwise inadmissible; the judge sustained the objection.
  4. Screenshot Time and Exhibit G Counsel disputed support for a claimed screenshot time; the judge marked Exhibit G for identification and limited its use to refreshing the witness's recollection.

3. Jennifer McCabe — Recross

Jennifer McCabe maintained on recross that Karen Read said, “I hit him,” as defense counsel contrasted that account with earlier records attributing questions to Read and examined McCabe’s recollection of the SUV and observations outside 34 Fairview.

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Recross
Jennifer McCabe Alan Jackson
1128 lines

Defense counsel recross-examined Jennifer McCabe using stipulated text-message records, a photograph of 34 Fairview, prior testimony, grand-jury testimony, and police reports. McCabe described seeing the SUV in several positions but qualified her current memory of how often she went to the door and said weather conditions affected what she observed. The defense contrasted her current account that Read said "I hit him" three times with earlier accounts in which McCabe attributed questions such as "Could I have hit him?" or "Did I hit him?" to Read. McCabe maintained that she remembered the reported statement and said she later called Officer Lank after recalling it. The judge sustained several objections and repeatedly directed counsel to ask questions without commentary.

4 sidebars inside this proceeding
  1. Stipulation to Report Times Counsel agreed to stipulate to times if read correctly from a report, while noting that the underlying information was already in evidence in another form.
  2. Prior Statement Context Counsel objected that a prior statement was being paraphrased and taken out of context; defense counsel agreed to read the statement in full.
  3. Context for Prior Statements Counsel discussed the context of prior statements offered as impeachment, and the judge instructed defense counsel to provide some context for each statement.
  4. Question Predicate Objection Counsel disputed a question's assumption about who found John O'Keefe; the judge sustained the objection and directed counsel to ask about the time instead.
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