Commonwealth v. Read — Trial ArchiveJennifer McCabe - Direct (Part 2)
556 linesCOURT CLERK: [unintelligible docket call] Commonwealth versus Read. Counsel had asked to see you before the jury came over, your honor.
JUDGE CANNONE: All right. Good morning.
PARENTHETICAL: [counsel]
JUDGE CANNONE: : Good morning, your honor. So, what is it you wanted to see me about, Mr. Brennan?
MR. BRENNAN: I was handed clips 12A and 16. I think it's 12 and 12A that you should have.
JUDGE CANNONE: Oh, okay. Yeah, 12 from yesterday. You have 12 from yesterday. 12A is in addition.
MR. BRENNAN: This is regarding the evidentiary issue of Jen McCabe's phone call to John O'Keefe when she was giving directions and she identified the location by pointing out Bella's mom's house. I believe that those two clips will have statements of the defendant which will establish the predicate for allowing in that statement by Miss McCabe, and then I expect to play those clips after Miss McCabe's testimony concludes.
JUDGE CANNONE: All right. What do you say, Mr. Jackson?
MR. JACKSON: That does not cure the hearsay aspect. I understand Mr. Brennan's argument about the relevance to his case of what Miss Read said and her statements — that's obviously an admission of a party statement — that does not do anything to cure the hearsay that was being asked or requested by this witness to address the statements sought yesterday. If you want to give clips, he would do so. I have no objection to that as long as they would in context and they pass the relevancy test. But it doesn't appear that the statement addresses the issue — so Miss McCabe testified — my notes, for whatever it's worth — said at the end of the day, one of the things she testified to was the defendant on the morning when they were driving over to Fairview was saying, could you be cheating on her?
MR. JACKSON: Could he be with Bella's mom?
JUDGE CANNONE: Yes. So that's in evidence. Do you want more than that? What do you expect the testimony to be?
MR. BRENNAN: I expect, if allowed to testify, Miss McCabe would testify that she had a phone call with John O'Keefe before John O'Keefe and the defendant arrived at Fairview. And John O'Keefe and the defendant were lost. And in giving directions, she offered to John O'Keefe, which was heard by the defendant, the house is near Bella's mom's house. That is evidence of motive.
JUDGE CANNONE: All right. Just that, that she said — yeah, I'm going to allow that. I don't have a problem with that. Yesterday, I'm sorry, I misunderstood. I thought Mr. Brennan was trying to get in the nature of the relationship between Bella and John, which would be hearsay. I have no problem with this offer of proof.
MR. JACKSON: Yeah. It's a little bit different than yesterday.
JUDGE CANNONE: Okay. All right. And I understand the loop you'll make eventually, but this is all you intend to get through Miss McCabe now, right?
MR. BRENNAN: Yes.
JUDGE CANNONE: Okay. Yes. Because I don't think from what I heard, she knows of that relationship at that time. Okay. So, I don't think I should ask that. Okay. That she was giving directions — and yep, that's fine. That's fine. And then those clips can come in.
MR. BRENNAN: Great. Fantastic. Thank you.
JUDGE CANNONE: All right. So, we'll bring the jurors over. The only thing I would ask is not be played from the witness stand.
MR. BRENNAN: Agreed.
JUDGE CANNONE: Okay. All right. Let's bring the jurors over. Do you need me to take a recess? Okay. Yes. Yes. You are —
COURT OFFICER: [unintelligible — court called to order]
JUDGE CANNONE: All right. Good morning again, counsel. Good morning, Miss Read. Good morning. Good morning, jurors. We appreciate you being prompt and ready to go this morning. It was something I needed to discuss with the lawyers to help streamline the evidence that'll be presented to you today. So, I appreciate your patience. I do have to ask you those questions. Were you all able to follow my instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes or nodded affirmatively. Were you also able to follow my instructions and refrain from doing any independent research or investigation into this case? Everyone said yes or nodded affirmatively. Did anyone happen to see, hear, or read anything about this case since we left yesterday? No.
JUDGE CANNONE: Everyone said no or shook their heads. Thank you very much. Could we have Miss McCabe back, please? Ms. McCabe, I'll remind you you're still under oath. Thank you.
MR. BRENNAN: Good morning, Miss McCabe.
MS. MCCABE: Good morning.
MR. BRENNAN: Good morning. Before you take us back to Fairview Road, I want to ask you a couple questions about John's house at [unintelligible — location name]. Are you familiar with his house?
MS. MCCABE: Yes.
MR. BRENNAN: Have you seen the front of his house before?
MS. MCCABE: Yes, I have.
MR. BRENNAN: Are you familiar with his driveway?
MS. MCCABE: Yes.
MR. BRENNAN: Are you familiar with whether there's any surveillance system at Mr. O'Keefe's house?
MS. MCCABE: Yes.
MR. BRENNAN: Can I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: Ms. McCabe, I'm showing you what has been previously marked as Exhibit 6. Do you recognize that photo?
MS. MCCABE: Yes, I do.
MR. BRENNAN: And what is it?
MS. MCCABE: That's John O'Keefe's house.
MR. BRENNAN: Could we provide Exhibit 6 to the jury, please? On that screen, is that Mr. O'Keefe's home?
MS. MCCABE: Yes.
MR. BRENNAN: Show what's been marked as Exhibit 8. Do you recognize that?
MS. MCCABE: Yes.
MR. BRENNAN: And what is it?
MS. MCCABE: That is the side of Mr. O'Keefe's house. The two garage doors.
MR. BRENNAN: Is there any indication of surveillance?
MS. MCCABE: Looks like — is this a ring camera right here? Looks —
MR. BRENNAN: Is that what John O'Keefe's house looks like?
MS. MCCABE: Yes.
MR. BRENNAN: Okay. Want to show you Exhibit 10. Do you recognize what's in that photo?
MS. MCCABE: Yes.
MR. BRENNAN: What is it?
MS. MCCABE: It is the driveway at John O'Keefe's.
MR. BRENNAN: You see a car to the left?
MS. MCCABE: Yes.
MR. BRENNAN: Do you know whose car that is?
MS. MCCABE: Yes. That's Miss Read's.
MR. BRENNAN: Is that where you left it the night before — those early morning hours when you drove to [unintelligible]'s house?
MS. MCCABE: Yes.
MR. BRENNAN: I want to show you what's been marked as Exhibit 11. Do you recognize what's in that photo?
MS. MCCABE: Yes. Miss Read's vehicle.
MR. BRENNAN: Is that the vehicle that [unintelligible] showed you with the broken missing tail light that morning?
MS. MCCABE: Yes, it is.
MR. BRENNAN: You mentioned earlier in the night you spoke to John O'Keefe when you called him or he called you about directions to Fairview Road.
MS. MCCABE: Yes.
MR. BRENNAN: And you also shared that you had a phone conversation offering directions.
MS. MCCABE: Yes, I did.
MR. BRENNAN: Um, did you tell John that the house at Fairview was near Bella's mom's house?
JUDGE CANNONE: Sustained. [unintelligible — remainder of ruling garbled]
MR. BRENNAN: Okay. Um, what did you tell John as far as directions to Fairview? How did you mark it for him?
MS. MCCABE: I told him to go by, past Bella's house, the Bella Street, and then to follow it down to the end.
MR. BRENNAN: Now I want you to take us back where we were yesterday when we left off. You had brought us to Fairview Road. You had found John.
MS. MCCABE: Yes.
MR. BRENNAN: You shared with us that you were trying chest compressions. Before the chest compressions, did you make a phone call?
MS. MCCABE: I called 911.
MR. BRENNAN: I'd like to move to introduce a copy of that 911 call.
JUDGE CANNONE: Okay. Do you have something physically to—
PARENTHETICAL: [someone has]
JUDGE CANNONE: passed out in the snow. Hold on. Okay. Yeah. I can— keep like— 911 OPERATOR [in recording]: Okay. I know. Where— are you? 911. What's your address? WITNESS (McCABE) [in recording]: 34 Fairview Road. 911 OPERATOR [in recording]: What's going on? WITNESS (McCABE) [in recording]: There's a guy— unresponsive in the snow at 34 Fairview Road. 911 OPERATOR [in recording]: 34. Yes. 34— the address. Can you come— hello. Yes. Can you come to 34 Fairview Road in Canton? 34. Yes. There's a man unresponsive in the snow. 911 OPERATOR [in recording]: Okay. In the— okay. He's out here. Okay. Okay. What's going on? BACKGROUND [in recording]: Down.
MR. BRENNAN: Thank you. Ms. McLaughlin does. Thank you. [Exhibit] 45. Thank you. With the court's permission, I'd like to play Exhibit 45.
JUDGE CANNONE: Yes. [911 CALL RECORDING — EXHIBIT 45 PLAYS] WITNESS (McCABE) [in recording]: No. Um, yes. I need someone— tell people that
JUDGE CANNONE: We— we just came over. 911 OPERATOR [in recording]: Okay. Who's that in the background? Is that someone? WITNESS (McCABE) [in recording]: That's his girlfriend. 911 OPERATOR [in recording]: His name is— WITNESS (McCABE) [in recording]: His name is John. 911 OPERATOR [in recording]: Okay. How old is he? WITNESS (McCABE) [in recording]: John is— um— 46 years old. 911 OPERATOR [in recording]: 46. How long has he been outside? WITNESS (McCABE) [in recording]: I don't know. Um— I— I don't know. He got out of the car— WITNESS (McCABE) [in recording]: —a couple of hours ago. 911 OPERATOR [in recording]: Did he— [unintelligible] WITNESS (McCABE) [in recording]: I don't— I— I— don't know if he's breathing. There are two women trying to help. Okay.
JUDGE CANNONE: 911 OPERATOR [in recording]: Can you just try asking? I know it's tough, but we need to know. They just need to know. Okay. Okay. Do they know how to do CPR? Can you guys do CPR? WITNESS (McCABE) [in recording]: No. I guess he's gone. Okay. They don't feel comfortable doing so. We don't know. I think he passed away. 911 OPERATOR [in recording]: Okay. All right. We've got the fire department and the police department on the way. If anyone starts doing CPR, call me— I'll hang up with you and— um— if anything changes, you can give us a call back. Where are you guys? WITNESS (McCABE) [in recording]: Outside. I know. I know. I'm on the phone with 911. BACKGROUND [in recording]: I know. I know. I know. I know. Honey, I know. I know.
JUDGE CANNONE: BACKGROUND [in recording]: Kerry, you've got to get— Kerry, you've got to get off of him. 911 OPERATOR [in recording]: Do you know if there was any, uh, alcohol or drugs involved? WITNESS (McCABE) [in recording]: He— he had— um— they had some but I'm talking hours— about maybe— and I— I don't know. 911 OPERATOR [in recording]: Okay. Is there any bleeding? WITNESS (McCABE) [in recording]: I think maybe in his head— his head— yes, possibly— I think I see— possibly bleeding in the face. 911 OPERATOR [in recording]: Okay, bleeding from the face. All right. How big is the pool, if there is any? WITNESS (McCABE) [in recording]: Um— I can see. One of the women is doing CPR. Okay. One— only one is doing CPR. Yes. 911 OPERATOR [in recording]: All right.
JUDGE CANNONE: If she continues CPR, just let me just— 911 OPERATOR [in recording]: —give us a call back. But we're on our way. Okay. [911 CALL RECORDING ENDS]
MR. BRENNAN: Miss McCabe, describe your mental state when you were speaking to 911.
MS. MCCABE: Um, I guess the best way to describe it was I was in shock. Um, my heart was racing. Um, I was trying to be as helpful as I could and get the information— the most important information— out as quickly as I could to the 911 operators. Um, but also the scene there with Karen and, um, Kerry was a bit chaotic between the two of them. Um, so I was just trying my best to be as calm as I could, to get help there as fast as I could, and to answer their questions the best that I could.
MR. BRENNAN: Before you told the 911 operator John O'Keefe's name and his age, um, you said— —"there's a man in the snow." Do you know why you chose those words?
MS. MCCABE: I think I just wanted to get out the most specific details. So, a man in the snow, versus, you know, John O'Keefe and— into a story. I think I just wanted to get the details to them as fast as possible, to get help to him as fast as possible.
MR. BRENNAN: When you told the 911 operator that your friend John O'Keefe was the person lying in the snow, how did you know his age?
MS. MCCABE: Um, we used to joke because he was a couple months older than me. So I would, you know, say, "Oh, you're older than me." It was a silly little thing between friends.
MR. BRENNAN: When you called the 911 operator, had— —Kerry and the defendant already been around or near John?
MS. MCCABE: Yes.
MR. BRENNAN: Do you know if they had begun trying CPR before you called 911?
MS. MCCABE: I'm not sure if they had, because Karen had straddled him and— lifted her shirt— was warming him up, and then Kerry was yelling at her to get off. And I think when Kerry, um, got the blankets and was trying to put them under John, I think as she started to move him and wipe him, blood started to come out. And um then Karen was afraid that he was going to choke on his blood and wanted to move him on his side. But then Kerry was yelling at her, "We can't move him." And this was kind of— —all going on while I was talking to 911.
MR. BRENNAN: You described what you saw, and you said at some point he was bleeding from the face area. Was that before or after he was moved?
MS. MCCABE: After.
MR. BRENNAN: Um, before he was moved, did you see any active bleeding?
MS. MCCABE: No.
MR. BRENNAN: After you called 911, what do you do next?
MS. MCCABE: I— I think I called my sister, and she didn't answer. And then— I think I called her as I was walking over to John, and she didn't answer, and then I immediately got down on the ground, and Kerry Roberts asked me to take over.
MR. BRENNAN: How long did you try to help John for?
MS. MCCABE: I'm not sure. Um, I'm not sure.
MR. BRENNAN: How long were you and the defendant and Miss Roberts there— —before someone else arrived?
MS. MCCABE: Um— a police officer was the first to arrive. In the moments, it seemed like a long time, but I think it was fairly quick that they arrived.
MR. BRENNAN: At any point during the time when you tried to help Mr. O'Keefe, and the first police officer arrived— at any point, did you see any signs of life from Mr. O'Keefe?
MS. MCCABE: No.
MR. BRENNAN: When the police officer first arrived, do you remember what happened next?
MS. MCCABE: Um, I remember— I remember there was— it was very chaotic, but there was talk about a spotlight, and I remember— I think I got up and ran to kind of wave— to grab the police officer's attention so we could see where we were.
MR. BRENNAN: And then what happened?
MS. MCCABE: Um, the police officer— not sure specifically— I do remember him asking, um, about John. I think he said, "Is he a drug user?" He was just asking some basic questions.
MR. BRENNAN: And what's the environment? What's going on around you?
MS. MCCABE: Um, Karen's just running around crazy, like just yelling, screaming. Um, kind of like a ping pong.
MR. BRENNAN: What are you trying to do?
MS. MCCABE: I was just trying to talk to the officer. Um, I guess I just went into this like type of— auto mode of, all right, I have to just talk to him, get the information out, figure out how we can best help John and what happened to him, and try to save him— —ultimately.
MR. BRENNAN: And what happens next?
MS. MCCABE: Um, more officers begin to come, um, fire and EMT. Um, so the scene becomes active with a lot of different presence. Um, you know, John— I— I think they, um, lift John onto a board at one point. Um, the officers are asking us questions. Um, Karen's kind of coming over, talking to the officers, and then kind of just running away, and then she runs back over. She's doing a lot of screaming, a lot of repetitive, "Is he dead? Is he dead? Is he dead?" Um, you know, "Could I have hit him? Did I hit him?" Um, Kerry, I think, is— Kerry's off kind of making phone calls. Um, I believe to— —John's family.
MR. BRENNAN: Do you know what time the first responders lifted John from the ground and put him on that board?
MS. MCCABE: Um, I don't know a time, but it was—
JUDGE CANNONE: Okay, that's the only question. Okay.
MR. BRENNAN: Um, you heard your 911 call. Do you know the time of that 911 call?
MS. MCCABE: Not off the top of my head. No.
MR. BRENNAN: At some point, did you talk to a number of different people at the scene?
MS. MCCABE: Yes.
MR. BRENNAN: And who were you talking to?
MS. MCCABE: Um, the first officer was Officer Saraf. I know I spoke with him. Um, I spoke with Officer Lank. Um, Officer Goode. Um, there were other officers— I don't remember their names. Um, there were EMTs— I don't remember their names either.
MR. BRENNAN: You have lived in— —this area for a long time?
MS. MCCABE: Yes.
MR. BRENNAN: Active in the community?
MS. MCCABE: Yes.
MR. BRENNAN: Did you know Sergeant Goode from before that night?
MS. MCCABE: I knew of him. I didn't know him personally.
MR. BRENNAN: Did you know Sergeant Lank?
MS. MCCABE: Yes, I knew him.
MR. BRENNAN: How did you know him?
MS. MCCABE: We were, um, friendly.
MR. BRENNAN: Did your children ever associate with each other?
MS. MCCABE: Um, not until recently.
MR. BRENNAN: After you had a chance to speak to some of the officers, did you move around at all yourself?
MS. MCCABE: Yes, I— um— you know, I kind of— the officers would talk to us here and then a little bit over to the side. Um, I tried to comfort Miss Read. Um, we— um— at one point Miss Read was very upset. Um, and one of the officers thought— —it would be best if maybe she went and just sat in, um, one of the cruisers for a little bit, because she was just doing a lot of screaming and yelling. And I think they were just trying to, you know, work on John and make the scene a little less chaotic. Um, so I went into the back of the car with her and Kerry Roberts came over. Um, and then we all just sat in the back— Well, I— Kerry, uh, Karen and I kind of were scrunched and sitting in the back and Kerry was at the door of the cruiser.
MR. BRENNAN: Why did you get in the car with the defendant?
MS. MCCABE: Um, she was crying. She asked me to get in. Um, we held hands. Um, we prayed. Um, she did— have blood on her hands and she said, "Could I have gotten my period?" Who's going to take care of the kids? She just kind of was all over the place. And then at one point we saw them moving John towards the ambulance. And at that point, Miss Read started yelling to Miss Roberts, "Go check on him. Are they working on him? Is he dead? Is he dead?" And at that point, myself and Miss Read got out of the car and she started yelling and pulling on me to Google hypothermia and Google how long it takes for somebody to die in the cold.
MR. BRENNAN: When the defendant first asked you to Google an inquiry about hypothermia, were you still inside the police cruiser or were you outside?
MS. MCCABE: Outside.
MR. BRENNAN: What was the weather? I know it's an obvious question, but how cold was it?
MS. MCCABE: It was very cold, windy, the snow was blowing. As I stated, I have multiple sclerosis. So when I am out in either extremely hot or cold temperatures, I lose the feeling and sensation in my fingers, which obviously made the googling very hard for me to do because of my motor skills.
MR. BRENNAN: So when you were outside of the car with the defendant and she had asked you to do a search regarding hypothermia, did you try to do that?
MS. MCCABE: Yes, I did.
MR. BRENNAN: Do you know the exact time from your memory? Not from reading or learning, but from your memory. Do you remember the exact time you did that?
MS. MCCABE: No.
MR. BRENNAN: Was it after the police came that morning?
MS. MCCABE: Yes.
MR. BRENNAN: Had you ever attempted to search about hypothermia any time before that moment that morning?
MS. MCCABE: No.
MR. BRENNAN: Or that day?
MS. MCCABE: No.
MR. BRENNAN: That week?
MS. MCCABE: No.
MR. BRENNAN: Was this the first time that morning, after the defendant asked you to search, that you searched that phrase?
MS. MCCABE: Yes, it was.
MR. BRENNAN: And did you complete your search and get a result?
MS. MCCABE: I think — I don't know what came up because I think as I entered it, I think I misspelled things. And so then I think I tried a second search. And again, I don't think I even paid attention to what came up because we were already on to the next thing. Karen was already moving and screaming about the next thing — [unintelligible]. [unintelligible — likely "Kerry, are they working on him? Is he dead?"]
MR. BRENNAN: Did the defendant move somewhere from the point when she first asked you to try to Google about hypothermia to something else?
MS. MCCABE: She was next to me and then I think she took off — she kept kind of running off.
MR. BRENNAN: And what did you do?
MS. MCCABE: I believe — as they were putting — I think I stood there. I believe as they were putting John into the ambulance, I went back kind of to the original spot where he had been — talking to the police. And at that point, a new officer might have come because I remember talking to multiple officers there.
MR. BRENNAN: At some point, did you go back towards the area of Miss Roberts's car?
MS. MCCABE: Yes, that's where I'm referring to. Sorry.
MR. BRENNAN: At some point, were you with the defendant when she spoke to an officer and a first responder?
MS. MCCABE: Yes.
MR. BRENNAN: Do you remember if the first responder was a man or a woman?
MS. MCCABE: I remember there was a woman right next to us. Yes.
MR. BRENNAN: Do you remember if that was before or after the defendant asked you to search about hypothermia?
MS. MCCABE: I'd be guessing if I —
MR. BRENNAN: Then don't guess.
MS. MCCABE: Mm-hmm.
MR. BRENNAN: When the defendant was speaking to the first responder, the woman, were you near?
MS. MCCABE: Yes.
MR. BRENNAN: Did you hear or do you remember the defendant saying anything to the first responder?
MS. MCCABE: Yes.
MR. BRENNAN: What did she say?
MS. MCCABE: She told the first responder, "I hit him. I hit him. I hit him."
MR. BRENNAN: When she told the first responder "I hit him," how did you react?
MS. MCCABE: I was startled, kind of like, "What are you saying? What are you talking about?"
MR. BRENNAN: Did you say anything to the defendant?
MS. MCCABE: I think after the second or third time she was saying it, I was like, "Karen, Karen, like what are you saying?"
MR. BRENNAN: Why were you trying to interrupt her?
MS. MCCABE: Because I thought she was just talking crazy and I'm saying, "Why is she saying she hit him?"
MR. BRENNAN: Were you trying to look out for her?
MS. MCCABE: Yeah. Yeah.
JUDGE CANNONE: Sustained. I'll strike it. You can ask it differently.
MR. BRENNAN: What was your motivation for trying to interrupt the defendant making the statements to the first responder?
MS. MCCABE: Karen was hysterical, irrational, kind of.
MR. BRENNAN: I'll move on.
JUDGE CANNONE: Okay. I'm going to see counsel at sidebar for just a minute, please.
MR. BRENNAN: Ma'am, after you made the search at the defendant's request for an inquiry regarding hypothermia, did you have a chance to speak to the officers further?
MS. MCCABE: Yes.
MR. BRENNAN: Did they ask you to do anything or go anywhere?
MS. MCCABE: Yes. Officer Lank asked me to go into my sister's house and to wake them up.
MR. BRENNAN: And your sister's name again?
MS. MCCABE: My sister Nicole.
MR. BRENNAN: And that is the house you were in the night before?
MS. MCCABE: Yes.
MR. BRENNAN: And after you spoke to the officer and they requested you go in to speak to your sister, did you?
MS. MCCABE: Yes.
MR. BRENNAN: Was there any directive on what you should speak to your sister about?
MS. MCCABE: No.
MR. BRENNAN: After the officers asked you to go into the house, did you?
MS. MCCABE: Yes, I did.
MR. BRENNAN: Do you remember what door you went through?
MS. MCCABE: Yes, I went through the front door.
MR. BRENNAN: Was the door locked?
MS. MCCABE: Yes. How did you get in? Oh, I'm sorry — I thought you said was it unlocked?
MR. BRENNAN: No, I asked if it was locked.
MS. MCCABE: Oh, sorry. It was unlocked.
MR. BRENNAN: As you're approaching the house, were there any lights on?
MS. MCCABE: No.
MR. BRENNAN: Was it dark?
MS. MCCABE: Yes.
MR. BRENNAN: Any sign of any movement inside the house before you went in?
MS. MCCABE: No.
MR. BRENNAN: Take us through walking through the front door. What happens?
MS. MCCABE: So I went in the front door. I opened the door. I walked up the stairs into their hallway and then I think I knocked on their bedroom door. And then I kind of opened the door. I went in and I walked over to the bed and I was like, "Brian, Nicole, Brian, Nicole." Because I was in a position where I felt like the world was going on around me. So much was happening. But I also was aware that I was just about to wake up two people that are sound asleep and they're going to see me standing over their bed and be startled wondering what am I doing here?
MR. BRENNAN: So what happens?
MS. MCCABE: So I kept — it took a minute or two and then Brian woke up and he immediately was startled and was like, "Jennifer, what's going on? What are you doing?" And then I believe I tried the best I could to say what was going on. I think I said, "We found John."
MR. BRENNAN: You don't need to describe again, but I want to know their reaction and your interaction with your sister and Brian Albert.
MS. MCCABE: They woke up startled and confused.
MR. BRENNAN: Did you have a conversation with them?
MS. MCCABE: Yes.
MR. BRENNAN: How long was that conversation?
MS. MCCABE: Brief. They got up, got dressed, I spoke to them.
MR. BRENNAN: And where did you go and where did they go?
MS. MCCABE: Then we — all three of us — went down the stairs.
MR. BRENNAN: The upstairs to the downstairs.
MS. MCCABE: Upstairs to downstairs. Yes.
MR. BRENNAN: And upstairs is the second level. Is downstairs the first level?
MS. MCCABE: Yes.
MR. BRENNAN: As you come down the stairs, can you see the front door?
MS. MCCABE: Yes.
MR. BRENNAN: Is there anybody in the house at that point?
MS. MCCABE: I saw Officer Lank in the house. Yes.
MR. BRENNAN: Do you know if he had been invited in?
MS. MCCABE: I have no idea.
MR. BRENNAN: When you came down the stairs and saw Officer Lank, where was your sister and Brian Albert?
MS. MCCABE: They were walking with me down the stairs.
MR. BRENNAN: Did you see whether or not the officer spoke with your sister and your brother-in-law?
MS. MCCABE: He did. I'm sorry. He did. Yes.
MR. BRENNAN: Were you there during that conversation?
MS. MCCABE: No.
MR. BRENNAN: How long was that conversation? Do you know?
MS. MCCABE: Not sure.
MR. BRENNAN: Where did you go when the officer was speaking to your sister and your brother-in-law inside their home?
MS. MCCABE: I was standing at the front doorway and then my husband Matt had just arrived.
MR. BRENNAN: What happened next?
MS. MCCABE: I started talking to Matt and almost immediately Officer Lank came, got Matt, and asked if he could talk to him outside.
MR. BRENNAN: Okay. At this point I want to go back and show you some video. Have you seen video in this case before?
MS. MCCABE: Yes.
MR. BRENNAN: I'd like to ask the court's permission to display Exhibit 4 and I would like to walk through some of the video.
JUDGE CANNONE: Okay.
MR. BRENNAN: Miss Gilman, if you kindly put on Exhibit 4. I'd like to start at 6:09:57. Miss Gilman, if you can take us to the arrival at Fairview. Can you stop there, please? Ms. McCabe, do you recognize this scene?
MS. MCCABE: Yes.
MR. BRENNAN: Is that that morning?
MS. MCCABE: Yes.
MR. BRENNAN: The car directly in front of this dash cam — do you know whose vehicle that is?
MS. MCCABE: Kerry Roberts's.
MR. BRENNAN: On the left, we see somebody with a blue parka or jacket. Do you know who that is?
MS. MCCABE: I believe that's me.
MR. BRENNAN: Can you continue to play, please? [unintelligible] Can you stop there, please? Does that fairly depict your first interaction with law enforcement?
MS. MCCABE: Yes.
MR. BRENNAN: Do you see the flagpole in that video?
MS. MCCABE: Yes.
MR. BRENNAN: And is that the area where you found John?
MS. MCCABE: Yes.
MR. BRENNAN: I'd like to move forward in the video — if we can move forward to 6:14:45, please. Could you stop there? Can you identify people on that video from right to left if you can?
MS. MCCABE: I don't know the officer. That's myself. I believe behind me — that's Miss Read. And this is about —
MR. BRENNAN: Let me get the time correctly. Pardon me. 6:14:47. And do you know where John is at this point? Are they lifting him to the left?
MS. MCCABE: Okay.
MR. BRENNAN: Could you continue, please, Miss Gilman? Could you start there? The person all the way to the left near the flag pole. Do you know who that is?
MS. MCCABE: I believe Kerry Roberts.
MR. BRENNAN: And is that the area where John was found?
MS. MCCABE: Yes.
MR. BRENNAN: And that's at 6:15 a.m. If you don't know, that's okay. Do you know what Miss Roberts was doing at 6:15 a.m.?
MS. MCCABE: My guess is—
MR. BRENNAN: I don't want you to guess.
MS. MCCABE: I don't know.
MR. BRENNAN: Okay. Now, you're over to the right. Is that you?
MS. MCCABE: Uh, yes.
MR. BRENNAN: Okay. Continue, please. Is that Kerry on the left?
MS. MCCABE: Yes.
MR. BRENNAN: Stop, please. On the right, do you see yourself?
MS. MCCABE: Yes.
MR. BRENNAN: And which person are you?
MS. MCCABE: I'm the one next to the one with the fluorescent yellow.
MR. BRENNAN: Is your back to us?
MS. MCCABE: Yes.
MR. BRENNAN: To the right in yellow. Do you know who that is?
MS. MCCABE: I don't.
MR. BRENNAN: Continue, please. Continue. Stop, please. Do you see the defendant move from the right to the left?
MS. MCCABE: Yes.
MR. BRENNAN: Do you see the yellow jacket?
MS. MCCABE: Yes.
MR. BRENNAN: Do you know whether or not that's the female first responder?
MS. MCCABE: I believe so. Yes.
MR. BRENNAN: Do you know why the officer moved the defendant from right to left?
MS. MCCABE: I don't.
MR. BRENNAN: Okay, continue. Please stop. At that point, is there a conversation between the defendant and the first responder?
MS. MCCABE: Yes.
MR. BRENNAN: Are you listening?
MS. MCCABE: Yes.
MR. BRENNAN: Continue. Stop. Do you see the officer that was with you in the group?
MS. MCCABE: Yes. Do you see him now turned away from the group speaking to somebody else? I do.
MR. BRENNAN: Continue, please. Thank you. If you could move ahead to 6:19, please. Is that you, Miss McCabe, and Miss Roberts?
MS. MCCABE: Yes.
MR. BRENNAN: Is that Miss Roberts?
MS. MCCABE: Yes.
MR. BRENNAN: Stop for a moment. Do you know at which point you went to the officer's car and sat in the back with Miss Read?
MS. MCCABE: I believe it's right after this.
MR. BRENNAN: Can you continue, please? Is that Miss Roberts?
MS. MCCABE: Yes.
MR. BRENNAN: Okay. Stop, please. Was it before or after that moment that you sat with the defendant and Miss Roberts stood outside the car and you prayed?
MS. MCCABE: I'm not exactly sure from that video.
MR. BRENNAN: That's fine. If we could move forward to 6:23:40, please. At this time, are you still with the defendant behind this car in some spot?
MS. MCCABE: Yes, I am.
MR. BRENNAN: Is it during this time — 6:23 and 6:24 — you tried to make those searches at the defendant's request?
MS. MCCABE: Yes.
MR. BRENNAN: Miss Gilman, if you can move forward to 6:26:15. Pause. Please, Mrs. McCabe, did you see anybody returning to Miss Roberts's car in that area?
MS. MCCABE: Yes.
MR. BRENNAN: And who did you see?
MS. MCCABE: I saw myself and I'm standing outside of the car speaking to Officer Lank. I saw Kerry go up and near her car. I'm not sure if she went into it. And I saw someone walk Miss Read into the car.
MR. BRENNAN: Is it around this time you have a conversation with Officer Lank?
MS. MCCABE: Yes.
MR. BRENNAN: And what does he tell you around this time?
MS. MCCABE: Um, he's at this point, I think, asking me questions about what had happened. And then soon after, he asks me to go into my sister's house.
MR. BRENNAN: Miss Gilman, if you can fast forward to 6:34:15, please. Stop, please. You described that the house had no lights on. Is that a fair depiction of the view?
MS. MCCABE: Yes.
MR. BRENNAN: Do you see a figure walking up the driveway?
MS. MCCABE: Not on this paused clip, but I did see it. Yes.
MR. BRENNAN: Let's play it and see if you can identify.
MS. MCCABE: Yes, I can see myself walking up.
MR. BRENNAN: Where are you now?
MS. MCCABE: I'm walking up the path to go up to the stairs into the house.
MR. BRENNAN: And this is at the request of Officer Lank?
MS. MCCABE: Yes.
MR. BRENNAN: And you described for us you went in and woke up your sister and brother-in-law?
MS. MCCABE: Yes.
MR. BRENNAN: Could we move forward to 6:39, please? Stop, and do you see something happen with the house at that point?
MS. MCCABE: Yes.
MR. BRENNAN: Okay. And what happens?
MS. MCCABE: A light went on.
MR. BRENNAN: I'll note it's 6:39:08. Thank you, Miss Gilman. After first responders took John and you had gone in your sister's house, what did you do next?
MS. MCCABE: Next, after Officer Lank spoke to my husband, Kerry Roberts and I had a conversation. She was going to go pick up John's parents in Braintree. At first, I had told her I would go with her. But then Officer Lank said that one of us had to stay at Fairview to speak to — I believe it was the state troopers that would be coming.
MR. BRENNAN: Did you stay at Fairview?
MS. MCCABE: I did. Yes.
MR. BRENNAN: What was your mental state at that point?
MS. MCCABE: Again, I was in shock. The best way I can describe it is the feeling of — I'm present and everything's going on around me and I'm just trying to process and make sense of everything.
MR. BRENNAN: Did you speak to your sister about what happened?
MS. MCCABE: Yes.
MR. BRENNAN: Did you speak to your brother-in-law about what happened?
MS. MCCABE: Yes.
MR. BRENNAN: And were they giving you any comfort or support?
MS. MCCABE: Yes, they were being very comforting and supportive.
MR. BRENNAN: As you were waiting at Fairview, did anybody else come to the house?
MS. MCCABE: Uh, when my husband Matt had arrived. A little while later, Julie Albert had arrived. She was dropping something off and then Brian Sr. called her in.
MR. BRENNAN: Is Julie Albert the wife of Chris Albert?
MS. MCCABE: Yes, she is.
MR. BRENNAN: And Brian Albert and Chris Albert are brothers, correct?
MS. MCCABE: Yes.
MR. BRENNAN: When she arrived, did you talk to her?
MS. MCCABE: Yes.
MR. BRENNAN: Were you in a group? Were you talking to people privately?
MS. MCCABE: No, we were all sitting around the kitchen table.
MR. BRENNAN: And why were you talking to everybody?
MS. MCCABE: We were trying to figure out what had happened. They were trying to be supportive, trying to help me.
MR. BRENNAN: What was your mood?
MS. MCCABE: I was extremely concerned. I was calling Kerry trying to get updates about John. I was worried about John, his family, about Karen. At that point, did you know whether John was going to live? I had a very strong feeling — I think deep down I knew that John was gone. But you know, there's — until you hear it, I think there was that little bit of hope maybe.
MR. BRENNAN: Did you speak to anybody but Kerry who was not at the home that morning?
MS. MCCABE: I believe I spoke — yeah, Miss Read. You had a conversation? Yes. I spoke to her when she was in the ambulance.
MR. BRENNAN: Did you speak to her again later that day?
MS. MCCABE: No, I think I texted her asking her for Kerry's number because I didn't have it.
MR. BRENNAN: Did you hear back?
MS. MCCABE: No.
MR. BRENNAN: Did you ever speak to Miss Read again?
MS. MCCABE: No, I've never spoken to her again.
MR. BRENNAN: When you were trying to get information from Kerry and you were at Fairview, did anybody else other than the people you've described arrive at Fairview?
MS. MCCABE: Brian Higgins showed up, and Chris Albert.
MR. BRENNAN: Did you know Brian Higgins?
MS. MCCABE: I knew him as a friend of Brian's.
MR. BRENNAN: Did you see him at the Waterfall that night before?
MS. MCCABE: Yes, I did.
MR. BRENNAN: And after you arrived at Fairview that night after leaving the Waterfall, was Brian Higgins one of the people there?
MS. MCCABE: Yes.
MR. BRENNAN: And did you talk about what had happened in front of Brian Higgins as well?
MS. MCCABE: Yes.
MR. BRENNAN: Was there a group discussion?
MS. MCCABE: I wouldn't say discussion. I would just say like, for instance, someone would ask me a question because everybody — this didn't make sense to anybody. No one knew what had happened.
MR. BRENNAN: Agreed. So just — and was there a lot of questions about what you saw and heard?
MS. MCCABE: Yes.
MR. BRENNAN: You mentioned earlier that you felt like you were in a state of shock. Did you feel like you were still in that state or were things changing mentally?
MS. MCCABE: Little by little as I sat there, things started coming back to me that had been said to me earlier.
MR. BRENNAN: Did something significant come back to you about what happened earlier? What you heard?
MS. MCCABE: Yes. And what was that? When Miss Read stated to myself and the female first responder — "I hit him. I hit him. I hit him."
MR. BRENNAN: And did anything else over the course of that morning come back to you about that moment?
MS. MCCABE: Throughout — when I was still at Fairview or throughout the day?
MR. BRENNAN: Still at Fairview.
MS. MCCABE: I believe that was maybe the main thing. I can't be sure what time what memories came back.
MR. BRENNAN: When you remembered the defendant's statements to the first responder, did you decide to do something with that information?
MS. MCCABE: Yes. Officer Lank had said if I remembered anything or needed anything before the state police came, to give him a call.
MR. BRENNAN: And did you?
MS. MCCABE: I did. Yes.
MR. BRENNAN: You knew Officer Lank?
MS. MCCABE: I did. Yes.
MR. BRENNAN: Were you comfortable calling him?
MS. MCCABE: Yes, I was.
MR. BRENNAN: Did you tell him the information that you had remembered?
MS. MCCABE: I just asked him to come back to Fairview.
MR. BRENNAN: Did he?
MS. MCCABE: He did. Yes.
MR. BRENNAN: When he came back, did you speak to him?
MS. MCCABE: Yes, I did.
MR. BRENNAN: Were you with the group or were you alone?
MS. MCCABE: No. I was with the group.
MR. BRENNAN: And did you tell him what you had remembered?
MS. MCCABE: I did. Yes.
MR. BRENNAN: How long did you stay at Fairview?
MS. MCCABE: I believe somewhere between 11 and 11:30. I can't — I'm being approximate with my times.
MR. BRENNAN: Officer Proctor called me from the state police.
MS. MCCABE: Do you know how he got your number?
MR. BRENNAN: No. Did you have a discussion with him?
MR. BRENNAN: Did you speak to him on the phone before you went home or after?
MS. MCCABE: A quick phone call. I'll see you at my house.
MR. BRENNAN: Okay. At that point, did you share any information with him?
MS. MCCABE: No, not on the phone.
MR. BRENNAN: Did you return home?
MS. MCCABE: I did. Yes.
MR. BRENNAN: Do you remember about what time that was?
MS. MCCABE: I'm going to say 11:30 or after. Approximate. General.
MR. BRENNAN: When you got back home, did you have a meeting or speak with Trooper Proctor?
MS. MCCABE: I did. Yes.
MR. BRENNAN: Was it a phone call or an in-person conversation?
MS. MCCABE: He came into my house with Trooper Bukhenik. Him and Trooper Bukhenik came in. Yes.
MR. BRENNAN: Was there anybody else at your home?
MS. MCCABE: My husband was home and my brother-in-law Brian Albert came over.
MR. BRENNAN: Did you speak to them — the troopers?
MS. MCCABE: Yes. I told them what Karen had said to me — that she had said "I hit him. Could I have hit him?" I told them how she showed up at my house. I just basically gave them the events of that morning.
MR. BRENNAN: At that point, did you mention anything about the defendant's broken tail light?
MS. MCCABE: At that conversation, no.
MR. BRENNAN: Did they leave?
MS. MCCABE: They did leave. Yes.
MR. BRENNAN: At some point, did they reach out to you again or did you reach out to them?
MS. MCCABE: At some point I had another conversation with them a few hours later. I'm not sure if they called me or if I called them.
MR. BRENNAN: Do you know generally what the content of that conversation was?
MS. MCCABE: Yes. I had remembered that Karen had told me about her tail light.
MR. BRENNAN: As you're processing that morning, are you trying to think and recreate the event, or are you trying to put it out of your mind?
MS. MCCABE: I couldn't get it out of my mind.
MR. BRENNAN: While you were at home, did you receive any updates from anybody — Kerry Roberts or anybody — about John?
MS. MCCABE: Yes. When I was still at the Alberts, Kerry had given me word that John had passed. Then once I got home, different friends who were starting to hear —
JUDGE CANNONE: Without leading the question. Without the content.
MR. BRENNAN: Were you receiving contacts, calls, text messages from other people?
MS. MCCABE: Yes.
MR. BRENNAN: And were you reaching back out to other people as well?
MS. MCCABE: Yes.
MR. BRENNAN: At some point, did you go over to Meadows Road on Sunday?
MS. MCCABE: I did. Yes.
MR. BRENNAN: Was Sunday the next day?
MS. MCCABE: Yes, it was.
MR. BRENNAN: Why did you go over to Meadows?
MS. MCCABE: Kerry and I went over with my daughter and her daughter to see the family and to offer support and our sympathy.
MR. BRENNAN: You said you and Kerry. How did you get there?
MS. MCCABE: Kerry picked me up.
MR. BRENNAN: Prior to that evening, you and Kerry — you described — weren't friends or familiar?
MS. MCCABE: Correct.
MR. BRENNAN: Were things changing?
MS. MCCABE: Yes. Rapidly.
MR. BRENNAN: When she picked you up, who else did she pick up with you?
MS. MCCABE: My daughter, who was Kaylee's friend.
MR. BRENNAN: And was anybody else — were any of Miss Roberts's family in the car?
MS. MCCABE: Yes, her daughter was in the car as well.
MR. BRENNAN: So it was you, Miss Roberts, and your two daughters?
MS. MCCABE: Yes.
MR. BRENNAN: You said you went to Meadows. Why did you go there?
MS. MCCABE: To offer our condolences, sympathy, support — to be with the family. I mean, I love them.
MR. BRENNAN: Were they staying at Meadows?
MS. MCCABE: They were at Meadows. Yes.
MR. BRENNAN: When you went there that next day, can you describe the traffic and the people that were there?
MS. MCCABE: There was a house full of family, friends, co-workers, loved ones — the car repairman — like anyone and everyone.
MR. BRENNAN: Did you ever see the defendant?
MS. MCCABE: No.
MR. BRENNAN: While you're at the house, did you have a chance to speak to Miss O'Keefe?
MS. MCCABE: Yes, I did.
MR. BRENNAN: At some point that day, did you leave the house?
MS. MCCABE: Yes.
MR. BRENNAN: Who did you leave with?
MS. MCCABE: Kerry and my daughter stayed to be with Kaylee, and we left with her daughter.
MR. BRENNAN: Where did you go?
MS. MCCABE: We were heading home, but then we ended up dropping off her daughter at her friend's house.
MR. BRENNAN: Now, who's her daughter?
JUDGE CANNONE: Don't give me a name.
MS. MCCABE: Kerry's daughter.
MR. BRENNAN: Kerry's daughter. Yes. And was Kerry's daughter friends with any of the Lanks?
MS. MCCABE: Yes, Kerry's daughter is good friends with Mike Lank's daughter.
MR. BRENNAN: When Ms. Roberts drove over to Mr. and Mrs. Lank's house, did you meet anybody?
MS. MCCABE: Yes. Her daughter — Kerry's daughter — went in the house, and Mrs. Lank came out. Her and Kerry are very good friends, so she came out to offer support and condolences.
MR. BRENNAN: Was it still cold outside?
MS. MCCABE: Yes, it was freezing.
MR. BRENNAN: When she was offering her support, was she inside or outside of the car?
MS. MCCABE: She jumped into the back seat.
MR. BRENNAN: During that time you spent with Officer Lank's wife, did you ever go into the house?
MS. MCCABE: I have a faint memory. I think I went in and used the bathroom at one point.
MR. BRENNAN: When you were having the conversation with Officer Lank's wife, were you talking about what had happened?
MS. MCCABE: Yes. Kerry was just explaining the morning, the phone calls, the scene, things like that.
MR. BRENNAN: Were you trying to get any type of inside information or push the investigation in any particular direction?
MS. MCCABE: No, I didn't speak much. It was mostly Kerry and Trish.
MR. BRENNAN: And Trish was just being a supportive friend to Kerry?
MS. MCCABE: Yes.
MR. BRENNAN: At some point, did you get together with Miss Roberts and try to memorialize what you had seen or thought that morning?
MS. MCCABE: Yes.
MR. BRENNAN: Why did you do that?
MS. MCCABE: Peg had asked Kerry to do a timeline. So Kerry came over and we were sitting down talking about it, and my sister was there and she said that she would jot it down for us.
MR. BRENNAN: And so when you got together, it was at the request of Mrs. O'Keefe?
MS. MCCABE: Yes.
MR. BRENNAN: When she made that request — asked you to do that — did you question why?
MS. MCCABE: No. She wanted us to do it, so I did it.
MR. BRENNAN: Why?
MS. MCCABE: She wanted us to remember and try to jot down everything we remembered so we wouldn't forget.
JUDGE CANNONE: I'm going to sustain this. That is disregarded.
MR. BRENNAN: Did you speak to officers further in the future?
MS. MCCABE: Yes.
MR. BRENNAN: Can you count how many times you spoke with police — the interviews you had?
MS. MCCABE: There were a lot — or a good amount, I should say.
MR. BRENNAN: At some point, did any of the police officers ask if they could take your phone and copy everything on it?
MS. MCCABE: Yes.
MR. BRENNAN: Did you have any hesitation about that?
JUDGE CANNONE: Ask it differently.
MR. BRENNAN: Were you cooperative?
MS. MCCABE: Yes.
MR. BRENNAN: Why?
MS. MCCABE: I wanted to help in any way I could.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: I've handed you a piece of paper. Do you recognize that?
MS. MCCABE: Yes, I do.
MR. BRENNAN: And what is it?
MS. MCCABE: That's my signature.
MR. BRENNAN: Do you know what that document is?
MS. MCCABE: Yes. It's the consent form that I signed for my phone.
MR. BRENNAN: I'd like to use this as an exhibit.
MR. JACKSON: Objection. I have no objection to the identification of it.
JUDGE CANNONE: Okay. [Exhibit noted.] Thank you.
PARENTHETICAL: [gap: ~2.5 minutes — [1:37:33]
MS. MCCABE: to 1:40:02 missing from transcript]
MR. BRENNAN: After that day when you met with Miss Roberts and you tried to memorialize your memory about what happened — after that date, have you discussed what happened that morning with other people?
MS. MCCABE: Yes.
MR. BRENNAN: And have you discussed it with police over time?
MS. MCCABE: Yes.
MR. BRENNAN: I have no further questions at this time.