Commonwealth v. Read — Trial ArchiveJennifer McCabe - Redirect/Recross
465 linesJUDGE CANNONE: I just — as I was walking out here, I was told the Commonwealth needs to see me.
JUDGE CANNONE: So, counsel wanted to see me. Do here or at sidebar?
MR. BRENNAN: I have no preference.
JUDGE CANNONE: All right. If it's something to be done in open court, go right ahead.
MR. BRENNAN: So, we had mentioned earlier at the end of Miss McCabe's testimony — I have clips that I would like to play. There is a dispute regarding two of them and I've given previous notice to the defense. They've uh — would like different content than I would, and I would hope to have a court's ruling before I play them.
JUDGE CANNONE: All right. So, I received an envelope — court copy. Clip 17 was the only one I was given — that's a new one. The other one previously turned over to the court. Okay. The ones we have a dispute on are clip 13 and clip 15. Okay. So, I viewed the other clips. Um, there's an objection to 13 and 15.
MR. BRENNAN: There's an objection to them.
JUDGE CANNONE: All right. Uh, let's play them. They're quick, right?
MR. BRENNAN: Yes. Play them very quickly.
MS. LITTLE: Just to clarify, it's not that we object to them. It's that they're incomplete. So, should we finish her answer? So, we're just asking it to be extended. So, we produced alternative clips. So, there's two — and —
JUDGE CANNONE: All right. So the Commonwealth gets to play what they want and then you can play yours at some point too.
MR. BRENNAN: I — then if we don't have time, I can wait to have a hearing on this. I don't think the defense can play self-serving statements because they think it's —
JUDGE CANNONE: I haven't seen it. All right. I saw clip 17. I have no problem with clip 17 coming in. I don't think they have an objection to 17. The ones that are objectionable — I know were pressed on a Friday. I can hold them till next week until uh the dispute becomes more clear for the court. Sounds like this is going to take more time than I thought. All right. So, I need what you have, Miss Little. I need that to review this weekend. All right. Anything else?
MR. BRENNAN: The second issue is um — I should approach.
COURT OFFICER: Court is in session. Please be seated.
JUDGE CANNONE: Can we bring Miss McCabe in, please? Jurors, I know I said it was a 45-minute lunch. I apologize. No one intended to waste your time like this, particularly when we don't have much time involved.
COURT OFFICER: Miss McCabe, please.
JUDGE CANNONE: All right. Whenever you're ready, Mr. Brennan.
MR. BRENNAN: Thank you, your honor. Good afternoon, Ms. McCabe.
MS. MCCABE: Good afternoon.
MR. BRENNAN: I want you to briefly tell us your memory of the weather when you first arrived at Fairview, when you left Fairview, and when you returned the next morning a little after 6:00 a.m.
MS. MCCABE: Okay. Um, when I arrived at Fairview um on the evening, early hours of the 29th, the snow was falling, you know, just starting to fall, starting to stick to the street and onto the windshields. Um, when I left Fairview, it had, you know, accumulated more — where my husband had to wipe the windows. Um, and then the following morning when we were driving there, it was dark and um, the snow was like coming out — the car, like it was very hard to see.
MR. BRENNAN: When you returned the next morning, we've seen video from the dash cam. The elements, the visibility — is that fairly depicted in that dash cam?
MS. MCCABE: Yes. With — I mean, obviously it was lit more because of the lighting and the spotlights, etc.
MR. BRENNAN: From the moment that you first saw John until you went into your sister's home, uh, is it fair to say a number of different first responders arrived?
MS. MCCABE: Yes.
MR. BRENNAN: When the first responders arrived, did you see a number of different vehicles arrive?
MS. MCCABE: I did. Yes.
MR. BRENNAN: Did any of them have their sirens on?
MS. MCCABE: Not that I recall.
MR. BRENNAN: Uh, ambulance, fire truck, police cars. Do you remember ever any siren on at all?
MS. MCCABE: Not that I recall. No.
MR. BRENNAN: And your sister and brother-in-law — you described how you went in the house and woke them up. They never came out before you woke them up.
MS. MCCABE: No, they didn't.
MR. BRENNAN: There was a house right next to where you found John — before 34. Do you know what address that is?
MS. MCCABE: I would assume it's 32.
MR. BRENNAN: Did you ever see anybody come out of 32 Fairview and come over to John in the scene to help out?
MS. MCCABE: No.
MR. BRENNAN: Across the street there's a house that's in between 32 and 34 if you cross the street.
MS. MCCABE: Yes.
MR. BRENNAN: Did you ever see anybody come out of that house and offer assistance to help?
MS. MCCABE: No.
MR. BRENNAN: There's a house right across the street from 34 Fairview, isn't there?
MS. MCCABE: Yes.
MR. BRENNAN: And did anybody ever come out of that house and come over to assist?
MS. MCCABE: No.
MR. BRENNAN: When you were trying to help John at that moment — have you ever been trained in emergency aid?
MS. MCCABE: Probably 25, 30 years ago.
MR. BRENNAN: Your state of mind — best describe how you were feeling at that moment as far as your focus and what was going through your mind.
MS. MCCABE: Um, I was shocked, confused, um, nervous, scared, anxious. My friend was lying there on the ground. I had no idea what happened. I — all I wanted to do was to get help for John and as fast as I could.
MR. BRENNAN: You saw on the dash cam — you spoke to a number of different people in law enforcement?
MS. MCCABE: Yes.
MR. BRENNAN: In fact, during that day, a number of different people from law enforcement — did they call you?
JUDGE CANNONE: I'll allow that. Move along, Mr. Brennan.
MR. BRENNAN: Did a number of people call you from law enforcement that day, um, on the day of the 29th?
MS. MCCABE: Yes. Michael Proctor called me.
MR. BRENNAN: Okay. Did you speak to law enforcement after that day?
MS. MCCABE: Yes.
MR. BRENNAN: Were you asked to engage in interviews?
MS. MCCABE: Yes.
MR. BRENNAN: Were you asked to testify in front of grand juries?
MS. MCCABE: Yes.
MR. BRENNAN: Were you asked to come to court and testify?
MS. MCCABE: Yes.
MR. BRENNAN: Did you ever once refuse to speak to the police?
MS. MCCABE: No.
MR. BRENNAN: Did you ever once refuse to testify?
MS. MCCABE: No.
MR. BRENNAN: When you were speaking to the police — on that dash cam, it's depicted on the dash cam — why were you speaking to the police?
MS. MCCABE: Well, each officer that arrived had a set of questions — of who it was, what happened, etc. So, I was answering all the questions because my main focus was John.
MR. BRENNAN: Did you ever try to be evasive with the police?
MS. MCCABE: No, I told them everything I knew.
MR. BRENNAN: Did you ever try to avoid speaking to them?
MR. JACKSON: Objection.
JUDGE CANNONE: [unintelligible]
MR. BRENNAN: Did you ever hold anything back from the police when you spoke to them?
JUDGE CANNONE: I'll allow that and then let's move on.
MS. MCCABE: No, I didn't.
MR. BRENNAN: When you interviewed with many different law enforcement and people involved in this case, um, were you ever given an opportunity to review somebody else's report after it was written and provide edits or your input?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MS. MCCABE: No.
MR. BRENNAN: When you testified, are you testifying from what somebody wrote — they interpreted what you said months or years ago — or are you testifying from your own memory?
MR. JACKSON: Objection.
JUDGE CANNONE: All right.
MS. MCCABE: I'm testifying from my own memory.
MR. BRENNAN: You called 911?
MS. MCCABE: Yes.
MR. BRENNAN: And that morning when you called 911 — well, let me ask you — do you wear an Apple Watch?
MS. MCCABE: I do have one. Yes.
MR. BRENNAN: When you were speaking to 911 that morning and during that event, um, how did you feel?
MS. MCCABE: Um, extremely nervous, anxious, scared, uncertain.
MR. BRENNAN: Do you think panicked? Do you think your ...heartbeat was up?
MS. MCCABE: Yes.
MR. BRENNAN: At 2:27 the night before — or around that time — when you were looking up [unintelligible] before you went to bed, were you of the same state of mind of fear and panic, or were you in a very different state of mind? Objection.
JUDGE CANNONE: Strike the fear and panic part. You can answer that, though. Were you of the same mind or different?
MS. MCCABE: Different.
MR. BRENNAN: What was your state of mind at that time?
MS. MCCABE: I was relaxed. Just playing on my phone, looking at things before I went to bed.
MR. BRENNAN: Do you think your heartbeat was as elevated that evening as it was the next morning?
JUDGE CANNONE: Sustained.
MR. BRENNAN: When you made a search for "how long to die in the cold" — or "how long to die in cold"? Is that something that you thought of for yourself? Objection.
JUDGE CANNONE: [unintelligible]. Now.
MR. BRENNAN: Why did you do it?
MS. MCCABE: Miss Read asked me to Google it.
MR. BRENNAN: And when was that?
MS. MCCABE: That was in the morning after we found him.
MR. BRENNAN: And had you ever attempted either of those searches before Miss Read asked you to do that?
MS. MCCABE: No, I didn't.
MR. BRENNAN: You were asked questions about the next day when you visited the O'Keefe home, and you read some records. Do you remember those questions?
MS. MCCABE: Yes.
MR. BRENNAN: Do you remember going to the O'Keefe home?
MS. MCCABE: I do. Yes.
MR. BRENNAN: You went with who?
MS. MCCABE: With Kerry and our two daughters.
MR. BRENNAN: Do you remember how many hours you spent with the O'Keefe family?
MS. MCCABE: I don't remember the ...hour.
MR. BRENNAN: How many hours?
MS. MCCABE: A few.
MR. BRENNAN: Was it over three or four?
MS. MCCABE: Could have been. I'm not sure.
MR. BRENNAN: What is the reason that you spent so much time at the O'Keefe home the next day?
MS. MCCABE: We went over to offer support, love, comfort, to be with them.
MR. BRENNAN: You weren't avoiding them, were you?
JUDGE CANNONE: Sustained.
MR. BRENNAN: After you left the O'Keefe home — and reading the records, I don't know if this is your memory — it was suggested it was 5:12. Do you remember going to Fairview?
MS. MCCABE: I remember driving by Fairview on the way to Mike Lank's.
MR. BRENNAN: When you went to Fairview, you asked questions about when you stopped by, whether that meant you went in or were outside. Do you remember whether you went in or outside?
MS. MCCABE: We never went in.
MR. BRENNAN: Have you seen your phone records that there are no calls to your sister when you went by Fairview at that time?
MS. MCCABE: Oh, I haven't. No.
MR. BRENNAN: And when you went by, you were asked about that. In fact, you had been asked about that before, hadn't you? Whether you stopped by?
MS. MCCABE: Yes.
MR. BRENNAN: And attorney Jackson showed you part of that statement.
MS. MCCABE: Yes.
MR. BRENNAN: Did you — when you were shown that part of the statement — did you read the whole statement to yourself?
MS. MCCABE: I did.
MR. BRENNAN: And, to put that in completeness, had you under oath talked about the fact that you went by that day?
MS. MCCABE: I'm confused by your question.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Okay. You were shown page 181 and then 182.
MS. MCCABE: Yes.
MR. BRENNAN: Okay. And so when you were asked about that before, had you in fact offered under oath that you did go by Fairview?
MS. MCCABE: Yes.
MR. BRENNAN: When you stopped by Fairview — according to the questions you were asked or the record you were asked to read — it was 4 minutes you stopped by Fairview. Does that sound like your memory?
MS. MCCABE: No, I know. We drove by, slowed down, and we were looking outside.
MR. BRENNAN: Why did you want to go back to the very scene that you had seen that morning?
MS. MCCABE: I think we — Kerry and I — just — I'm not really sure. I think we just drove down and we —
JUDGE CANNONE: All right. So your answer is not really sure. Okay. Next question.
MR. BRENNAN: And then, according to the records that were read to you, you went to Sgt. Lank's house.
MS. MCCABE: Yes.
MR. BRENNAN: And you were at that address for about 40 minutes, 50 minutes.
MS. MCCABE: Yes.
MR. BRENNAN: You were read or shown certain text messages between you and some of your family.
MS. MCCABE: Yes.
MR. BRENNAN: Was that a complete listing of the text messages in order that were on your phone?
MS. MCCABE: I had a lot of text messages with them on my phone. Yes.
MR. BRENNAN: Were some missing from what you were shown?
MS. MCCABE: I'm not sure.
MR. BRENNAN: Okay. You were asked about your state of mind. I'm going to ask you about some of those text messages in a minute. Mhm. Um, you were asked about calls and text messages to John O'Keefe.
MS. MCCABE: Yes.
MR. BRENNAN: Have you ever inadvertently called anybody before on your iPhone? Objection.
JUDGE CANNONE: Allow it.
MS. MCCABE: Yes. Many times.
MR. BRENNAN: And you were asked whether or not you remembered or knew that those calls were made to Mr. O'Keefe.
MS. MCCABE: Yes.
MR. BRENNAN: Did you purposely make those calls?
MS. MCCABE: No, I do not believe so.
MR. BRENNAN: If you inadvertently called on purpose, it wouldn't be inadvertent, would it?
MS. MCCABE: True.
MR. BRENNAN: Did John ever answer any of your calls after that 12:18 call?
MS. MCCABE: No, he didn't.
MR. BRENNAN: And when you were reaching out to him, did you reach out to him the next morning after you heard from the defendant?
MS. MCCABE: I did. Yes.
JUDGE CANNONE: Next question, Mr. Brennan.
MR. BRENNAN: Why were you reaching out to him?
MS. MCCABE: Because I was trying to get in touch with him because Miss Read said he didn't come home.
MR. BRENNAN: You were asked about your state of mind over the next couple days.
MS. MCCABE: Yes.
MR. BRENNAN: And I'd like to ask you about some of the text messages reflecting your full state of mind over the next couple days.
JUDGE CANNONE: This has to be really brief. All right, jurors, you're about to hear some evidence. And remember, I told you this morning that before you consider any electronic communication in your deliberations, you must first find that it is more likely true than not that the person who authored or created or sent — transmitted — this communication was in fact the person alleged to have done so. If you do not find it is more likely true than not that the person alleged to have transmitted or created these messages, then you may not consider the electronic communication in deciding this case. And remember, what you're about to hear — you're not to use for the truth of the statement. It goes simply to the state of mind of Ms. McCabe at the time of the message. All right. Go ahead, Mr. Brennan.
MR. BRENNAN: Thank you. May I approach with an exhibit for the witness?
JUDGE CANNONE: Yes.
MR. BRENNAN: Thank you. When law enforcement asks for your phone, was there any requirement you give that to them? Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Did you voluntarily consent to give your entire phone to law enforcement?
JUDGE CANNONE: I'll allow that.
MS. MCCABE: Yes, I did.
MR. BRENNAN: I handed you a document that reflects your text messages from that morning and the next day. You were asked about some of them on the screen. Do you remember that?
MS. MCCABE: Yes.
MR. BRENNAN: Okay. And you were asked how that affected your state of mind and the decisions that you were making. Correct?
MS. MCCABE: Yes.
MR. BRENNAN: I want to read along. And I'll indicate — if you look at the number on the left and then I'll read it, and you can let me know if I read it accurately.
MS. MCCABE: Okay.
MR. BRENNAN: Starting at number 17, there's a phone call saying, "Please answer." Who are you calling? [Exhibit clarification — exchange largely unintelligible] So, that's John O'Keefe. Okay. Okay. Thanks. Sorry. All right. Number 17. Phone call. "Please answer." Who are you calling?
MS. MCCABE: John O'Keefe.
MR. BRENNAN: Do you know at that point where he is?
MS. MCCABE: No.
MR. BRENNAN: 4:59:49. Number 18. "Karen is worried. We need to find you." John O'Keefe. 5:04:40. Number 19. "Please answer so I know you're okay." Who you calling?
MS. MCCABE: John O'Keefe.
MR. BRENNAN: Number 26. 5:15:41. 1/29. "Okay. I'm trying to call people. I will be in touch soon." Do you know who you're calling?
MS. MCCABE: I don't recognize the number.
MR. BRENNAN: What are you thinking at this point?
MS. MCCABE: I'm trying to find people. I'm trying to call people so that I can try to find John.
MR. BRENNAN: Number 31. 5:22:57. 1/29. "Okay. I tried to [unintelligible]. Okay. I just talked to her." What are you referring to?
MS. MCCABE: I don't know whose number this is.
MR. BRENNAN: Okay. Um, at this point in the morning, you're making these phone calls. Do you know where John is?
MS. MCCABE: No, I have no idea where he is.
MR. BRENNAN: Turn to number 48. 1/29/22 at 8:44. You're texting "any update." What is your state of mind?
MS. MCCABE: Which number is this?
MR. BRENNAN: Number 48.
MS. MCCABE: 48. I believe that may be to Kerry Roberts, and I'm trying to get an update from the hospital.
MR. BRENNAN: You were asked about your relationship with Kerry Roberts at that time, before that night. How many times had you met her?
MS. MCCABE: Once.
MR. BRENNAN: And you said in the moment — did that relationship change?
MS. MCCABE: Yes. Instantly.
MR. BRENNAN: Was it for collusion?
MS. MCCABE: No.
MR. BRENNAN: Let me ask you number 160. This is 1/29 at 2 in the afternoon. Do you have 160?
MS. MCCABE: Sorry.
MR. BRENNAN: It's okay.
MS. MCCABE: Okay, I'm here. 160.
MR. BRENNAN: Do you see that?
MS. MCCABE: Mhm.
MR. BRENNAN: Okay. "I can't stop seeing him in the snow. Jen, this is awful." Who's that from?
MS. MCCABE: Kerry.
MR. BRENNAN: Is your state of mind collusion?
MS. MCCABE: No. Objection.
JUDGE CANNONE: I'll allow it. Don't ask it again, please, Mr. Brennan.
MR. BRENNAN: 168. 1/29/22 at 2:04:32. You're calling Miss Roberts. "Every time I close my eyes, it's all I see. I feel like I'm going to vomit. I just can't even. I know how close you two were. Can't imagine how hard the situation is for you." Does this reflect your state of mind that day?
MS. MCCABE: Yes.
JUDGE CANNONE: I'll allow it. We have to approach, objections noted. Next question.
MR. JACKSON: We need to approach on this particular text. Come to — Returning from sidebar
MR. BRENNAN: This number — I won't read it. This number on top, whose number is that?
MS. MCCABE: That is [unintelligible].
MR. BRENNAN: And the bottom number is who it's going to.
MS. MCCABE: Yes.
MR. BRENNAN: So, this text message — is this what you wrote?
MS. MCCABE: Yes, it is.
MR. BRENNAN: To Kerry?
MS. MCCABE: Yes, it is.
MR. BRENNAN: Okay. I won't read that last text message again. However, it is correct that that text message was from you to Miss Roberts, number 168.
MS. MCCABE: Yes, it was.
MR. BRENNAN: And, um, the response in this text message — number 169 — from Miss Roberts to you: "This is awful, Jen. I'm in shock."
MS. MCCABE: Yes.
MR. BRENNAN: Number 170. And this one is from Miss Roberts to you, 1/29/22 at 2:05:45: "I literally am having wine. I don't know what to do. Calm down." 171 at 20635 on 12922, from you to Miss Roberts. I know I am definitely in shock and it keeps hitting me. I just feel so sick. Is that accurate?
MS. MCCABE: Yes.
MR. BRENNAN: I'm going to read one more. 172. And this is from Miss Roberts to you at 21341 on 12922. I don't know what to even do. I'm so sorry for both of us. Is that accurate?
MS. MCCABE: Yes.
MR. BRENNAN: Number 175. Again to Miss Roberts, 21415, 12922. Do you text? I talked to Peggy. I am devastated for them.
MS. MCCABE: Yes.
MR. BRENNAN: And did you follow up seconds later at 21456 on 12922? I am so sick to my stomach.
MS. MCCABE: Yes.
MR. BRENNAN: That day, did you have to speak to your children about what happened?
MS. MCCABE: I did. Yes.
MR. BRENNAN: Was that part of your state of mind that day?
MS. MCCABE: Yes.
JUDGE CANNONE: I'll allow that.
MR. BRENNAN: Number 208 or 207. Receive a text from this number. I don't want to say it out loud, but if you could read it. 207. Do you know who that's from?
MS. MCCABE: I don't.
MR. BRENNAN: Okay, we'll move to the next one then. 208, 12922, 34206. I've never felt so sick. Is that accurate?
MS. MCCABE: Yes.
MR. BRENNAN: Number 210, 433401, 12922. You text messaging somebody?
MS. MCCABE: Yes.
MR. BRENNAN: Do you know who that is?
MS. MCCABE: I don't just off of the number.
MR. BRENNAN: Okay. And this text message, is this from you to somebody?
MS. MCCABE: Yes. My mind is racing. I have that awful feeling in my gut like I—
JUDGE CANNONE: I'll allow it.
MR. BRENNAN: —sent by this group in the legend. My mind is racing. I have that awful feeling in my gut like I am about to puke. Besides seeing the awful image, trying to wrap my head around what happened to him. Is that accurate?
MS. MCCABE: Yes.
MR. BRENNAN: 213. This is on 12922 at 43820. Do you know who was texting you?
MS. MCCABE: Yes.
MR. BRENNAN: Who?
MS. MCCABE: My friend. Once things settle, you need to talk to someone and process the trauma.
MR. BRENNAN: And then 214, you respond. 12922, 44038. I have been shaking since this AM. I feel so sick. Everything started to be a blur and all run into each other.
MS. MCCABE: Yes.
MR. BRENNAN: And this is at 4:40:38 on 12922.
MS. MCCABE: Yes.
MR. BRENNAN: And during that day, you've spoken to law enforcement.
MS. MCCABE: Yes.
MR. BRENNAN: And the days that follow?
MS. MCCABE: Yes.
MR. BRENNAN: I'm going to move to 12922, 752. If you look at number 289, please.
MS. MCCABE: Okay. At 289.
MR. BRENNAN: Is this a text from your sister Nicole?
MS. MCCABE: Yes.
MR. BRENNAN: Any update? Is that accurate?
MS. MCCABE: Yes.
MR. BRENNAN: Okay. And you were shown this text at 292.
MS. MCCABE: Yes.
MR. BRENNAN: And you texted your sister. Kerry talked to cops. Kept it simple.
MS. MCCABE: Yes.
MR. BRENNAN: What did you mean by that?
MS. MCCABE: I mean, the cops had gone to her house, but she had had a long day and been drinking some wine, so she said she just made it quick.
MR. BRENNAN: And you were sharing that with your sister?
MS. MCCABE: Yes.
MR. BRENNAN: And was your sister part of many of these texts as part of your support group?
MS. MCCABE: Yes.
MR. BRENNAN: Did anybody tell you that you shouldn't rely on your family and have a conversation about what you went through?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow that.
MS. MCCABE: No, no one did.
MR. BRENNAN: And during that text time, the one I just read to you was at 7:54:08. Turn to 296. 12922 at 75650. Did your sister text you?
MS. MCCABE: Okay.
MR. BRENNAN: Try to get some sleep. Talk tomorrow.
MS. MCCABE: Yes.
MR. BRENNAN: And did you text back at 7:57?
MS. MCCABE: Yes.
MR. BRENNAN: But don't feel pressure?
MS. MCCABE: Yes.
MR. BRENNAN: And the next one? 298. At 75707, was your sister asking you for any updates?
MS. MCCABE: Yes.
MR. BRENNAN: And at 75713, did she text you, "I love you. Don't beat yourself up. You did the best you could."
MS. MCCABE: Yes.
MR. BRENNAN: And just a few minutes later, one at number 308, please. 12922 at 8:01 PM. Did your sister again write to you, okay texting in the AM if you hear anything later?
MS. MCCABE: Yes.
MR. BRENNAN: You continued texting with her?
MS. MCCABE: Yes.
MR. BRENNAN: Okay. You were asked about a timeline.
MS. MCCABE: Yes.
MR. BRENNAN: Okay. You turn to number 761, please.
MS. MCCABE: 761, please. What page is that on?
MR. BRENNAN: 248.
MS. MCCABE: I'm missing page 248. You don't have page 248?
MR. BRENNAN: No, it stops at 212 and picks up at 253.
JUDGE CANNONE: Okay, stand with the witness.
MR. BRENNAN: Yes. Can you remind us who asked you to put together a timeline?
MS. MCCABE: Peggy.
MR. BRENNAN: Peggy—
MS. MCCABE: O'Keefe. Yes.
MR. BRENNAN: 2 days later, January 31st, 2022, and this is at 10:26:29 AM. Are you texting Miss Roberts?
MS. MCCABE: I am. I have spent the AM trying to process that he is really gone and try to piece together all the events.
MR. BRENNAN: Is that part of the process of the timeline?
MS. MCCABE: Yes.
MR. BRENNAN: At some point on the 31st, was something happening around Fairview Road that you learned?
MS. MCCABE: I believe there was police presence.
MR. BRENNAN: Was there any presence from the media, the press?
MS. MCCABE: Oh, yes, there was.
MR. BRENNAN: Was that causing any concern?
MS. MCCABE: I believe I talked to Peggy and she was—
MR. BRENNAN: And so on January 31st, 2022, we're at number 864.
MS. MCCABE: Mhm.
MR. BRENNAN: You're receiving information. Do you know who this number is that's calling you?
MS. MCCABE: That's my sister.
MR. BRENNAN: Which one?
MS. MCCABE: Nicole.
MR. BRENNAN: And she's texting you. News people came by and knocked on the door again. They're all leaving now. Peggy and them left about 15 minutes ago.
MS. MCCABE: Yes.
MR. BRENNAN: And then at 1:00:18 on 1/31/22, you text back. Did you answer the door?
MS. MCCABE: Correct.
MR. BRENNAN: Was this part of your state of mind on the 31st? What was going on around the house?
MS. MCCABE: Yes.
MR. BRENNAN: Just a few more. In trying to recount for people who asked you that morning and over the next couple days, some of what's reflected in those text messages. Was that part of your state of mind?
MS. MCCABE: Yes.
MR. BRENNAN: Was it in any way affecting the way you were remembering and thinking about what had happened?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MS. MCCABE: Yes.
MR. BRENNAN: Your Honor, subject to redactions, I would seek to introduce all of Miss McCabe's text messages.
JUDGE CANNONE: So, we'll deal with that. Wait, is there an objection?
MR. JACKSON: There is.
JUDGE CANNONE: We'll deal with that later.
MR. BRENNAN: Thank you. I have no further questions.
MR. JACKSON: Miss McCabe, couple of follow-up questions. You indicated on redirect examination that there were no sirens that you heard that morning with the approach of the first responders. Is that right?
MS. MCCABE: I don't believe there was.
MR. JACKSON: But they did have their lights on.
MS. MCCABE: I saw a spotlight. Yes. And I do believe they had lights on. Yes.
MR. JACKSON: Flashing red and blue lights or blue lights or red lights, some combination thereof.
MS. MCCABE: Correct. Correct.
MR. JACKSON: That was cruisers. Police cruisers. Correct.
MS. MCCABE: Yes.
MR. JACKSON: There were, pardon me, there were fire SUVs. In other words, a captain of a fire department.
MS. MCCABE: Possibly.
MR. JACKSON: There were fire trucks and fire engines. You know the difference?
MS. MCCABE: No.
MR. JACKSON: Fire engine. Big one with a ladder on it.
MS. MCCABE: Yes.
MR. JACKSON: There was an ambulance, correct?
MS. MCCABE: Yes.
MR. JACKSON: And all of them had their emergency lights on.
MS. MCCABE: Most likely. Yes.
MR. JACKSON: All of them had their motors running.
MS. MCCABE: I'm not sure if they were all running. They could have been. Yes, certainly.
MR. JACKSON: You would agree that there was a cacophony of diesel engines and gasoline engines and internal combustion engines that were running right outside of 34 Fairview. Although no sirens, correct?
MS. MCCABE: I wouldn't exactly say right outside of 34 Fairview. I'd say there were some right outside of 34 Fairview, but the first vehicle pulled up kind of right just on the right end and most of the vehicles with the lights on were to the left. So they were actually more in front of 32 Fairview, but there were vehicles. There was Kerry Roberts' vehicle and then I believe another vehicle pulled up. I think I remember from seeing the dashcam in Saraf's cruiser, correct — yes — and Mullaney's cruiser just on the other side of Kerry Roberts' vehicle. Correct. Yes. I don't believe lights were on. His lights were on. And there was an ambulance just to the left of — to the left and behind Saraf's vehicle. Correct. Yes. Which would have been in front of 32 Fairview. Lights on that as well. Yes.
MS. MCCABE: All facing in the direction of 34 Fairview. Correct. Facing but out front of 32.
MR. JACKSON: So, is there a reason that you're so resistant to admit that there was a cacophony of sound and noise outside of 34 Fairview?
MS. MCCABE: No.
MR. JACKSON: Okay. So, there was, correct, outside on the front lawn?
MS. MCCABE: Yes.
MR. JACKSON: Side lawn. And there was also some people yelling and screaming at a high pitch, right?
MS. MCCABE: Yes.
MR. JACKSON: Both Miss Read, who was yelling and screaming.
MS. MCCABE: Correct. Correct.
MR. JACKSON: And Miss Roberts, who at least at some point told her to shut the fuck up.
MS. MCCABE: Correct. Correct.
MR. JACKSON: You were asked about the stop at 34 Fairview on the way to Sergeant Lank's house on redirect examination by Mr. Brennan just now.
MS. MCCABE: Correct. I was. Yes.
MR. JACKSON: He showed you a couple of pages of your transcript from that question and answer.
MS. MCCABE: Correct. I believe he showed me a page. Yes. And
MR. JACKSON: And you noted that this was a question and answer from a hearing last year in this courtroom. Yes. And you admitted that you stopped, actually, let me rephrase that. You were confronted with the fact that you stopped at 34 Fairview on the way to Sergeant Lank's house by me on cross-examination.
MS. MCCABE: Correct. Yes, you asked me.
MR. JACKSON: You also indicated that you have never refused to speak to the police, any law enforcement officer in this case.
MS. MCCABE: Correct. I've spoken when asked to. Yes.
MR. JACKSON: But in point of fact, when you were approached by the two law enforcement agents who were not connected to Massachusetts State Police or to Canton PD, you suspended that interview and refused to answer further questions.
MS. MCCABE: Correct. I welcomed them in my house, sat with them, and then I stopped. And then I met with them a few times after, and I answered all their questions that they asked. I helped clear up some misconceptions that they had been told, and as you know, they're no longer investigating. So I think I helped them well.
MR. JACKSON: And you're obviously well aware that in that first interview you stopped the interview cold and refused to answer further questions.
MS. MCCABE: Correct. I said I'm going to stop and I'm going to seek some counsel. Yes.
MR. JACKSON: The text messages. You just read a series of text messages that Mr. Brennan actually read for you and you agreed with.
MS. MCCABE: Correct.
MR. JACKSON: Or any of the text messages that you just read in the group chat that I showed you in cross-examination?
MS. MCCABE: I don't believe so. I don't believe so.
MR. JACKSON: And that group chat included you, Brian Albert, Nicole Albert, and Matt McCabe.
MS. MCCABE: Correct.
MR. JACKSON: And that was a private chat among the four of you. Is that right?
MS. MCCABE: That's just a chat with them. Yes.
MR. JACKSON: You read some text messages to and from Kerry Roberts, correct?
MS. MCCABE: Yes.
MR. JACKSON: You had just met Kerry Roberts, isn't that right?
MS. MCCABE: Yes.
MR. JACKSON: She's not a McCabe. Is that right?
MS. MCCABE: Correct.
MR. JACKSON: She's not an Albert, correct?
MS. MCCABE: Correct.
MR. JACKSON: You even read some text messages with your minor children.
MS. MCCABE: Correct. Just now. Yeah. I don't believe anyone with my children.
MR. JACKSON: Mr. Brennan asked you about a couple of text messages, at least one text message with your children, didn't he?
MS. MCCABE: No, he didn't.
MR. BRENNAN: Objection.
JUDGE CANNONE: Yeah, she can answer that question. Is that what happened? Did I misunderstand?
MS. MCCABE: No, I honestly didn't read anything from my children. I think one I said a friend, another time I didn't know who it was, but I do know my children's phone numbers and no, it was none of my kids. Obviously, the kids are not on that group chat. That private group chat that we went over, correct? Oh, yes. Correct. They're not.
MR. JACKSON: Well, let's talk about those unidentified numbers. You said, "This is a number I don't recognize." And Mr. Brennan read to you a text to that person.
MS. MCCABE: Correct. Yes.
MR. JACKSON: Whoever that is, that person's not a McCabe, correct?
MS. MCCABE: They're not one. Correct.
MR. JACKSON: And that person's not an Albert.
MS. MCCABE: They could be. Again, I — it could have been Crystal, but Julie — I'm — I don't — one of the numbers I didn't recognize because I don't — I have everybody in my phone with the name. So I don't recognize every number.
MR. JACKSON: And that person certainly was not in that group chat with you, Brian Albert, Nicole Albert, Matt McCabe.
MS. MCCABE: Correct.
MR. JACKSON: And then there was a friend. You said this is a friend and I don't need you to identify the friend, but whoever this unidentified friend is, that friend is not a McCabe and is not an Albert.
MS. MCCABE: Correct.
MR. JACKSON: And that friend was also not in that group chat that we went over in cross-examination. Is that right?
MS. MCCABE: Correct.
MR. JACKSON: These are all people outside of that group among whom you engaged in the chat that we saw.
MS. MCCABE: Correct.
MR. JACKSON: And that includes Kerry Roberts. She was not included in that group chat where you talked about the case and talked about what she was and wasn't doing with law enforcement. Right.
MS. MCCABE: Correct. It was just my sister and my brother-in-law and husband. Yeah.
MR. JACKSON: Just a moment, your honor.
JUDGE CANNONE: Okay.
MR. JACKSON: No, that's all I have.
JUDGE CANNONE: All right, Miss McCabe, you are all set. Thank you very much.
MS. MCCABE: Thank you.
JUDGE CANNONE: All right.
MR. BRENNAN: I'd like to play a couple of clips.
JUDGE CANNONE: You're — Yeah. I'd ask you to just wait 10 seconds.
MR. BRENNAN: I'm sorry.
JUDGE CANNONE: All right. You could play them now.
MR. BRENNAN: Okay. May I have your seat? Yes. I'd like to play clip 12, please.
VIDEO PLAYBACK: recorded audio — karen read: There was a woman who was a mother to kids that were close to John's kids who lived very close to the Alberts. In fact, when Jen was navigating John to [unintelligible] when I was driving, she said, "It's near Ashley's house." Ashley and John hooked up prior to John and I dating. There was a woman.
JUDGE CANNONE: Well, hold on. Hold on before you play it again. We've already played that one. We don't need to play it again.
MR. BRENNAN: Okay. 12A, please.
VIDEO PLAYBACK: recorded audio — karen read: two things. Either he's hurt himself and is incapacitated. He could be passed out on someone's couch, which is just weird. We're not on a campus. Everyone lives in their own home with children. Or he's sleeping with someone. And there were multiple women in the neighborhood of Fairview that John had been with. And one of them very recently before I started dating John. Clip 16, please. recorded audio — karen read: We'll backtrack later. So, who are you with? I'm with Jen McCabe and Kerry Roberts, and Kerry Roberts is — Ford Explorer — and I'm in the back leaning over the front two seats. Kerry's driving and Jen's in the passenger seat.
MR. BRENNAN: And I described this to everyone, so you've probably heard this before, but John looked like a buffalo on the prairie. It was just a lawn in a heap that wasn't a bush or a hydrant or a dog. It was a weird shaped lump at that time in those elements. And I was looking to find him on the side of the road. I was expecting I'd find him. And the fear of what I was going to see is the worst feeling I've ever experienced. The anticipation of what is awaiting me — I wouldn't say it was as extreme a feeling as the grief of realizing what happened to him. And finally, clip 17, please.