Commonwealth v. Read — Trial ArchivePaul Gallagher - Direct
613 linesJUDGE CANNONE: All right. So, we're bringing the jurors over. I'll see counsel.
PARENTHETICAL: [Unclear off-mic utterance]
MR. BRENNAN: Calling next witness. Thank you, your honor. Call Paul Gallagher.
COURT OFFICER: Thank you. Follow me, please.
COURT CLERK: Raise your right hand, please. The whole truth and nothing but the truth, so help you God?
MR. GALLAGHER: I do.
JUDGE CANNONE: Thank you. All right, Mr. Brennan, whenever you're ready.
MR. BRENNAN: Thank you, sir. Could you please introduce yourself to the jury?
MR. GALLAGHER: Yes. My name is Paul Gallagher.
MR. BRENNAN: For the court reporter, would you mind spelling your last name?
MR. GALLAGHER: G-A-L-L-A-G-H-E-R.
MR. BRENNAN: Mr. Gallagher, do you presently work?
MR. GALLAGHER: As a police officer, I'm retired.
MR. BRENNAN: When did you retire?
MR. GALLAGHER: August 31st, 2024.
MR. BRENNAN: When you retired, what department were you working for?
MR. GALLAGHER: Canton Police Department.
MR. BRENNAN: How many years had you worked for the Canton Police Department upon your retirement?
MR. GALLAGHER: I was credited with 32 years, eight months of service.
MR. BRENNAN: Did you have a particular rank when you retired?
MR. GALLAGHER: Yes, I was a lieutenant.
MR. BRENNAN: I want to go back to the beginning of your law enforcement career and share your background with the jury. When did you begin your career in law enforcement?
MR. GALLAGHER: I became a permanent intermittent police officer in Canton in 1992.
MR. BRENNAN: What is a permanent intermittent police officer?
MR. GALLAGHER: It's basically a part-time police officer. You are required to attend a 16-week part-time academy. Your duties include regular patrol duties that a regular police officer would do, but you're only utilized during special events, short staffing, and you're allowed to work paid traffic details.
MR. BRENNAN: Did that status change at some point?
MR. GALLAGHER: It did in 1994.
MR. BRENNAN: 1994, were you a patrolman?
MR. GALLAGHER: Yes, it required me to attend a full-time 18-week police academy.
MR. BRENNAN: In addition to the police academy, did you continue your training over the years?
MR. GALLAGHER: Yes, I did.
MR. BRENNAN: Can you share with the jury some of the training that you would attend over the years?
MR. GALLAGHER: Oh, sure. So, I did constitutional law. I did interview and interrogation, terrorism, international terrorism, domestic terrorism, domestic violence, buccal swabbing, and DEA basic narcotics course. And my last duties — I did background checks. So, I attended background training and I did internal affairs.
MR. BRENNAN: Before I talk a little bit more about your experience over the years and your progress through the Canton Police Department, I'd like you to share with us generally and briefly the structure of the Canton Police Department. The Canton Police Department — how big is it? How many officers are typically employed by Canton at the same time?
MR. GALLAGHER: We would like to have 45, but unfortunately we're short staffed at this time.
MR. BRENNAN: At the Canton Police Department, are there different ranks?
MR. GALLAGHER: There is. And what are they? They are patrol, sergeant, detective sergeant, lieutenant, deputy chief, and chief.
MR. BRENNAN: Given the size of Canton, is it a small department or a typically large department for that size?
MR. GALLAGHER: I would say it's a medium-sized department.
MR. BRENNAN: Does Canton receive traffic from other areas nearby?
MR. GALLAGHER: We do.
MR. BRENNAN: Is Boston part of the crossroads through Canton?
MR. GALLAGHER: At times it is. Route 138 runs from Boston and it goes all the way down to the South Shore through Brockton, Taunton, et cetera.
MR. BRENNAN: Other cities or towns nearby that bring traffic through Canton as far as law enforcement's concerned?
MR. GALLAGHER: They do, and other states. Route 95 runs through Canton as well and brings traffic from Rhode Island.
MR. BRENNAN: For a relatively small town, is Canton a busy police department given all the crossroads and intersections?
MR. GALLAGHER: It can be very busy at times.
MR. BRENNAN: You mentioned in Canton that there are different ranks. You started as a patrol officer.
MR. GALLAGHER: Yes.
MR. BRENNAN: Did that change at some point?
MR. GALLAGHER: It did.
MR. BRENNAN: When?
MR. GALLAGHER: July of 2001, I became a detective.
MR. BRENNAN: Did you have any particular or special training to become a detective?
MR. GALLAGHER: I started attending — how to dust for fingerprints. My focus was narcotics. I had several narcotics classes.
MR. BRENNAN: Did you engage in those type of investigations on behalf of Canton?
MR. GALLAGHER: I did.
MR. BRENNAN: Did you work with other agencies?
MR. GALLAGHER: I did, in 2005. I started working with the Drug Enforcement Administration in 2006. I was assigned as a task force officer for the DEA, initially out of Worcester Tactical Diversion Squad, which their goal — their mission goal — was to eradicate OxyContin and oxycodone distribution at that time. It was during our oxycodone phase. In 2008 I was moved to Boston division and there we focused on all narcotics, not just oxycodone — heroin, cocaine, etc.
MR. BRENNAN: How many years did you spend as a detective before you received your next promotion?
MR. GALLAGHER: Approximately 15 years.
MR. BRENNAN: What happened next in your career as far as progress?
MR. GALLAGHER: I took the sergeant's exam and I became a sergeant.
MR. BRENNAN: In order to become a sergeant, do you have to pass an exam?
MR. GALLAGHER: An exam and an assessment. Yes.
MR. BRENNAN: Is that enough to become a sergeant or is there another process you have to go through?
MR. GALLAGHER: That's where they rank you, after the exam and the assessment.
MR. BRENNAN: What year did you say you became a sergeant?
MR. GALLAGHER: I became a sergeant in 2017.
MR. BRENNAN: Was that your first supervisory position?
MR. GALLAGHER: Not actually. I also worked as an officer in charge, which you're not technically a sergeant, but when there's no sergeant to fill the shift,
MR. BRENNAN: They'll use experienced officers to work as a sergeant, and you receive sergeants pay. How long did you work as a sergeant for at the Canton Police Department?
MR. GALLAGHER: I worked as a sergeant for one year till 2018 and I was promoted to detective sergeant.
MR. BRENNAN: As a sergeant, did your duties change or expand from that of detective?
MR. GALLAGHER: I was still assigned to the Drug Enforcement Administration at that time.
MR. BRENNAN: And you just shared a year later you were promoted to lieutenant. Did you have to take and pass an exam for that?
MR. GALLAGHER: Uh, that was detective sergeant. And I did not have to pass a test for that.
MR. BRENNAN: Did your duties and responsibilities expand when you became lieutenant?
MR. GALLAGHER: Yes, I was brought out of the DEA to work in Canton specifically.
MR. BRENNAN: Were there other lieutenants on the Canton Police Department when you worked as a lieutenant?
MR. GALLAGHER: I became a lieutenant in 2021. At the time there was three other lieutenants.
MR. BRENNAN: Were there any other officers above lieutenant at that point?
MR. GALLAGHER: There was a deputy chief and a chief.
MR. BRENNAN: In 2022 January, were you a lieutenant?
MR. GALLAGHER: I was.
MR. BRENNAN: Your duties and responsibilities, do they include actually going to scenes or was it purely supervisory?
MR. GALLAGHER: It was supervisory, but we were expected to respond to scenes.
MR. BRENNAN: What do you mean by that?
MR. GALLAGHER: Our chief expected a supervisor on scene at all times. At all scenes.
MR. BRENNAN: Even if there was a ranking supervisor like a sergeant, were you still as a lieutenant expected to go to scenes?
MR. GALLAGHER: Oh, yes.
MR. BRENNAN: Did you do that often?
MR. GALLAGHER: Yes.
MR. BRENNAN: I want you to take us to January 29th, 2022. Were you working the overnight shift from January 28th, 2022 into January 29, 2022?
MR. GALLAGHER: I was the outgoing lieutenant. I did not work into the 29th. I was the last lieutenant to work on the 28th in the early morning hours around 6:00 a.m.
MR. BRENNAN: Were you on shift or off shift?
MR. GALLAGHER: I was off shift.
MR. BRENNAN: Were you planning on working that morning?
MR. GALLAGHER: I was planning on working later that day. Yes.
MR. BRENNAN: Do you remember what the weather was like that early morning?
MR. GALLAGHER: Yes. There was a nor'easter — which was snow, wind.
MR. BRENNAN: Did anything interrupt your plan of working later that day?
MR. GALLAGHER: Yes.
MR. BRENNAN: Tell us what happened.
MR. GALLAGHER: Shortly after 6:00 a.m. I received a call from Sergeant Sean Good of the Canton Police Department.
MR. BRENNAN: After you received a call from Sergeant Sean Good, were you informed about a situation?
MR. GALLAGHER: I was.
MR. BRENNAN: Were you told any basic details of where and what?
MR. GALLAGHER: Yes.
MR. BRENNAN: Without sharing the actual conversation, where was this situation taking place?
MR. GALLAGHER: I misunderstood the situation. I thought it was on Meadows A in Canton. I later found out through dispatch that it was actually Fairview Road.
MR. BRENNAN: When you heard that there was a situation in Canton, did you decide to change your plans about when you would come in?
MR. GALLAGHER: Yes, I responded.
MR. BRENNAN: Why did you respond?
MR. GALLAGHER: That's the expectation our chief had for us.
MR. BRENNAN: When you go into work, do you use a police cruiser or do you use a personal vehicle?
MR. GALLAGHER: On this particular day, I used a personal vehicle because of the weather.
MR. BRENNAN: Was that different than typical?
MR. GALLAGHER: Yes.
MR. BRENNAN: And why would you use a personal vehicle instead of a police cruiser?
MR. GALLAGHER: It was larger. It was four-wheel drive. It was the only way I probably would have got there to the scene.
MR. BRENNAN: After you received the call about a situation, tell us what you did.
MR. GALLAGHER: I loaded up the car with a tent and I drove to the Canton Police Department and I got some winter gear from the office and got on the radio and advised Sergeant Sean Good who was at the scene on Fairview that all officers were held to further notice.
MR. BRENNAN: What does that mean?
MR. GALLAGHER: They weren't going to be going home at their end of the shift until they were relieved by another supervisor.
MR. BRENNAN: Why did you take a tent with you?
MR. GALLAGHER: Because of the snow. The way the call was described to me was a person possibly not breathing. And if it was an unattended death, I wanted to be able to cover the person.
MR. BRENNAN: Why?
MR. GALLAGHER: Respect.
MR. BRENNAN: That tent was a tent from your home. A personal tent.
MR. GALLAGHER: It was. It was an 8x8 pop-up tent.
MR. BRENNAN: You went to the Canton Police Department first before you went to the scene?
MR. GALLAGHER: I did.
MR. BRENNAN: Why did you go to the Canton Police Department first?
MR. GALLAGHER: I had some winter gear there, including a reflective jacket that I thought would be helpful given it was dark out. Visibility was very bad.
MR. BRENNAN: When you got to the Canton Police Department, did you learn anything from any of your colleagues while at the police department?
MR. GALLAGHER: The only colleague at the police department at that time was Officer Kelly Dever.
MR. BRENNAN: Okay. After you got your gear at the Canton Police Department, did you head towards Fairview?
MR. GALLAGHER: I did.
MR. BRENNAN: Other than the general description that you had heard, did you know anything about what was going on there?
MR. GALLAGHER: Just that a gentleman was found unconscious in the snow, possibly not breathing.
MR. BRENNAN: You mentioned the term unattended death. What does that mean?
MR. GALLAGHER: An unattended death is a death where someone dies alone. And you don't know the reason. It doesn't mean there's foul play. In fact, 99% of the time it's natural causes.
MR. BRENNAN: Is there a process for the Canton Police Department when they learn of any death, or not, is there a process you need to follow?
MR. GALLAGHER: Yes, there is.
MR. BRENNAN: And what is that process?
MR. GALLAGHER: That's to call the Norfolk County DA's office, their CPAC unit, Crime Prevention and Control. They have jurisdiction over deaths and unattended deaths.
MR. BRENNAN: You mentioned a CPAC unit. What type of officers or law enforcement is the CPAC unit?
MR. GALLAGHER: It's manned by the Massachusetts State Police.
MR. BRENNAN: Are you required by statute to contact CPAC or the Massachusetts State Police even if it's an unattended death?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did you follow that process?
MR. GALLAGHER: Sergeant Lank followed that process.
MR. BRENNAN: Is that one of the officers who worked under you?
MR. GALLAGHER: Yes, that is correct.
MR. BRENNAN: Did you know if Sergeant Lank was at the scene when you were leaving Canton, or did you learn at some point when you got there whether Sergeant Lank was at Fairview?
MR. GALLAGHER: When I got there, I saw the black Toyota Tundra, which is operated by our detectives there. And then I saw him.
MR. BRENNAN: When Canton Police Department first contacted the Massachusetts State Police or the CPAC unit, do you have an understanding whether or not the Massachusetts State Police were going to respond or not?
MR. GALLAGHER: They were not responding.
MR. BRENNAN: So, when you got to Fairview Road, were there any other law enforcement officers other than Canton police officers?
MR. GALLAGHER: No, there was not.
MR. BRENNAN: When you arrived at Fairview Road, were you the superior officer on the scene?
MR. GALLAGHER: I was. I was the highest ranking officer.
MR. BRENNAN: As you're pulling up to Fairview that morning, what's the first thing you see when you get there?
MR. GALLAGHER: As I pull up, I see the last of the fire apparatus pulling away. I got out of the vehicle. The first one I encountered was Sergeant Sean Good, who was the shift supervisor.
MR. BRENNAN: Did you see any other of your officers there?
MR. GALLAGHER: I did. I saw Sergeant Lank further down. And further down, I saw two other cruisers, which ended up being Officer Mullaney and Officer Saraf.
MR. BRENNAN: Did any of the cruisers or vehicles have lights on?
MR. GALLAGHER: They did.
MR. BRENNAN: Did you hear any sirens?
MR. GALLAGHER: No, there wouldn't be any sirens.
MR. BRENNAN: Why wouldn't there be?
MR. GALLAGHER: Sirens are used to move traffic. There was no traffic. It was a blizzard. There were no cars on the road. You might see an occasional plow.
MR. BRENNAN: Did you ever learn the general area where the person was found?
MR. GALLAGHER: Yes.
MR. BRENNAN: At that time, did you know who the person was?
MR. GALLAGHER: I did. I knew him by name. Yes.
MR. BRENNAN: Did someone inform you of who the person was?
MR. GALLAGHER: Sergeant Sean Good did. Yes.
MR. BRENNAN: Okay. And who was the person that you learned was on the ground?
MR. GALLAGHER: John O'Keefe.
MR. BRENNAN: Had you known John O'Keefe?
MR. GALLAGHER: I knew of John O'Keefe. I had never met John O'Keefe.
MR. BRENNAN: When you first arrived at Fairview, was Mr. O'Keefe still on the ground?
MR. GALLAGHER: He was not.
MR. BRENNAN: Was he at the scene?
MR. GALLAGHER: He was not.
MR. BRENNAN: So, when you got to the scene at Fairview, Mr. O'Keefe was already gone?
MR. GALLAGHER: Yes, he had been transported to the hospital.
MR. BRENNAN: So did you ever firsthand see exactly where Mr. O'Keefe was lying when he was found?
MR. GALLAGHER: I did not.
MR. BRENNAN: Did anybody point out to you the general area?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did you have a chance — well, obviously you didn't have a chance to examine or look at Mr. O'Keefe. Did you have a chance to look in the general area where you were told he was found?
MR. GALLAGHER: I did.
MR. BRENNAN: Tell us a little bit more about the weather now that you're standing outside Fairview Road. What's the visibility like? What's the temperature like? What are the conditions like?
MR. GALLAGHER: It was terrible. It was blizzard-like. The wind would blow in your face, it would change directions. The snow was an icy snow. In the wind you had to actually talk loud to be heard by somebody right next to you, and it was your typical New England blizzard basically.
MR. BRENNAN: At this point, did you have any position as you assessed the area whether this was a criminal investigation?
MR. GALLAGHER: We had no crime at that time.
MR. BRENNAN: When you were there, were you looking for anything?
MR. GALLAGHER: Yes, I was examining the scene.
MR. BRENNAN: At that point, did you have any reason to start a criminal investigation?
MR. GALLAGHER: Not at that time. No.
MR. BRENNAN: When you learned that Mr. O'Keefe was found outside, did you go look at the particular area?
MR. GALLAGHER: Yes.
MR. BRENNAN: Can you describe the area that was shown to you where Mr. O'Keefe was found?
MR. GALLAGHER: Sure. It was on the left side of the property of 34 Fairview. You could see where first responders and witnesses and police officers had walked up to the area. It was by a flag pole on the property line of number 32 Fairview.
MR. BRENNAN: What was the lighting condition at that point in that area?
MR. GALLAGHER: It was dark. The sun was coming up but due to the weather and the cloud cover and the snow, visibility still was not great.
MR. BRENNAN: Were the law enforcement vehicles providing any light for the area?
MR. GALLAGHER: No.
MR. BRENNAN: How about the house? Was there any bright lights coming out of the house illuminating that area?
MR. GALLAGHER: I didn't see any lights, window lights on. There may have been an exterior — you know, the door light at one or two houses.
MR. BRENNAN: In addition to the law enforcement officers that were there, did you see any civilians when you got there?
MR. GALLAGHER: No, there were no civilians there.
MR. BRENNAN: While you were outside looking at the area, did any civilians ever come out?
MR. GALLAGHER: No, not at all.
MR. BRENNAN: Any civilians ever come out of 34 Fairview?
MR. GALLAGHER: No.
MR. BRENNAN: How about next door, 32 Fairview? Did you ever see any civilians come out of that address?
MR. GALLAGHER: Nobody ever came out of the house.
MR. BRENNAN: Across the street, is there homes across the street from 34 Fairview?
MR. GALLAGHER: There is.
MR. BRENNAN: Did you see anybody come out of either one of those houses?
MR. GALLAGHER: Did not see anybody come out of those houses.
MR. BRENNAN: When you were outside and you were shown the area where you were told Mr. O'Keefe was found, did you try to do anything regarding that area to identify the area itself?
MR. GALLAGHER: I'm sorry. Can you ask that again?
MR. BRENNAN: Yes. The area where you were told Mr. O'Keefe was found. Did you try to do anything around that area to identify the area?
MR. GALLAGHER: Well, it was marked out with crime scene tape at that time and what I saw was pink blood and it was in a circular pattern.
MR. BRENNAN: Was the crime scene tape holding up at all?
MR. GALLAGHER: No, it was not. It was blowing wildly in the wind and at one point it was actually blowing in. It was triangular and it was actually blowing into the crime scene.
MR. BRENNAN: Was the tape helping at all?
MR. GALLAGHER: No, it was not.
MR. BRENNAN: Was there any use for putting a tent up at that point?
MR. GALLAGHER: No, there wasn't. Not due to the high winds.
MR. BRENNAN: Did you learn whether any of the officers had at any point before you got there gone into Fairview Road?
MR. GALLAGHER: Yes.
MR. BRENNAN: Who did you learn went into Fairview Road?
MR. GALLAGHER: Both Sergeant Goode and Detective Sergeant Lank went into Fairview Road.
MR. BRENNAN: Did you know how long they were inside for?
MR. GALLAGHER: I did not.
MR. BRENNAN: At that point, did you go and speak to anybody in any of the nearby homes?
MR. GALLAGHER: I did not.
MR. BRENNAN: When you were at this scene and you saw what was happening in the weather, did you make a decision to do anything?
MR. GALLAGHER: Yes.
MR. BRENNAN: What did you decide you were going to do?
MR. GALLAGHER: Since the state police were not responding, I decided to process the area where Mr. O'Keefe was found and try to find out why he had the medical episode he was having.
MR. BRENNAN: If you understood this to be a medical episode and at that point you didn't have any information it was a crime scene, why were you taking the time and effort to process the scene under these conditions?
MR. GALLAGHER: Because that's what we do. Even going to the hospital, there could be a reason that he — there's obviously a reason he's there. I think we had a duty and obligation to check around where he was found and see if there was any explanation to what caused his medical condition.
MR. BRENNAN: Did you focus on a particular area when you decided to look around?
MR. GALLAGHER: I did.
MR. BRENNAN: What area were you going to look at?
MR. GALLAGHER: Where it was pointed out he was found and where the blood pattern was.
MR. BRENNAN: Were you thinking about looking in any other areas around that?
MR. GALLAGHER: Not at that time.
MR. BRENNAN: Why not?
MR. GALLAGHER: We didn't have any reason to. We only had the area where he was found.
MR. BRENNAN: And at that point, did you have any idea what caused his injuries?
MR. GALLAGHER: We had none.
MR. BRENNAN: At this point, when you were pointed — are you looking at the area where Mr. O'Keefe was found? Was the area getting covered up at all?
MR. GALLAGHER: Yes, it was.
MR. BRENNAN: With what?
MR. GALLAGHER: Snow.
MR. BRENNAN: How quickly?
MR. GALLAGHER: I believe it was forecasted to come down 1 to 2 in an hour, if I recall.
MR. BRENNAN: Did you have any idea how hard the ground was at that point?
MR. GALLAGHER: It was frozen.
MR. JACKSON: Objection.
MR. BRENNAN: Did you have any idea?
MR. GALLAGHER: It was frozen.
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MR. BRENNAN: How deep was the snow covering that frozen ground?
MR. GALLAGHER: Approximately 4 inches at that time.
MR. BRENNAN: When you wanted to look around the area, did you consider using a rake or a shovel?
MR. GALLAGHER: I did.
MR. BRENNAN: And did you?
MR. GALLAGHER: I did not.
MR. BRENNAN: Why didn't you use a shovel at that point?
MR. GALLAGHER: I was afraid I would miss something or possibly break something.
MR. BRENNAN: What could you break with a shovel?
MR. GALLAGHER: Anything. Glass or anything of that nature.
MR. BRENNAN: What was your decision about how you would search that area? What did you want to see?
MR. GALLAGHER: I wanted to see anything that was possible, whether it was any type of weapon or any type of medical bottle or any reason that he could have come to where he was.
MR. BRENNAN: Did you think of a way that you could look below the top of the snow without disturbing the scene?
MR. GALLAGHER: Yes, I did.
MR. BRENNAN: And what did you conclude?
MR. GALLAGHER: Because of the blood — the pink spots I thought might be blood — I thought a leaf blower would be the best method because I have seen it used to remove light layers of snow and it can be controlled.
MR. BRENNAN: And after having seen that before and making that decision, what was the benefit of a leaf blower over a shovel?
MR. GALLAGHER: I wasn't going to miss anything with a leaf blower. Much better control.
MR. BRENNAN: Tell us your intention — what was your hope with the leaf blower?
MR. GALLAGHER: To clear the area in a controlled, slow manner so any potential evidence of what happened to Mr. O'Keefe wouldn't be lost.
MR. BRENNAN: Did you have a leaf blower with you?
MR. GALLAGHER: Did not.
MR. BRENNAN: So what did you do?
MR. GALLAGHER: Sergeant Goode volunteered to go get the leaf blower.
MR. BRENNAN: Did you remain at the scene?
MR. GALLAGHER: I did.
MR. BRENNAN: And during this time, you still had no information that it's a crime scene?
MR. GALLAGHER: We had no information on a crime at that time.
MR. BRENNAN: Did Sergeant Goode come back with the leaf blower?
MR. GALLAGHER: He did.
MR. BRENNAN: Did you try to get any other items to help you?
MR. GALLAGHER: Not that I recall.
MR. BRENNAN: When Sergeant Goode came back with the leaf blower, did you use it?
MR. GALLAGHER: I did.
MR. BRENNAN: Was it successful?
MR. GALLAGHER: Very.
MR. BRENNAN: Tell us what you did.
MR. GALLAGHER: I started with low speed and began whisking away the snow and then I saw how it was uncovering those pink spots — they were becoming brighter red. I verified it was frozen or coagulated blood at that time. So out of an abundance of caution, I decided that was something we may want to collect.
MR. BRENNAN: Why did you want to collect that?
MR. GALLAGHER: Just out of an abundance of caution — DNA. I expected it to be John's DNA and I wasn't going to get a second chance at it. It was either collected or never have it.
MR. BRENNAN: Were you making quick decisions under these circumstances?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did you ask somebody to get a container to put the coagulated blood in?
MR. GALLAGHER: I ended up getting the containers.
MR. BRENNAN: Where did you get them from?
MR. GALLAGHER: I got them from Lieutenant Kelleher, who lived in the neighborhood.
MR. BRENNAN: Did Lieutenant Kelleher ever come over to the scene?
MR. GALLAGHER: He did not.
MR. BRENNAN: Did he work for the Canton Police Department?
MR. GALLAGHER: He did.
MR. BRENNAN: Why didn't he come over to the scene with you?
MR. GALLAGHER: Because he originally thought the scene was at 32.
MR. BRENNAN: Did you ask him to come over to the scene to help you?
MR. GALLAGHER: No.
MR. BRENNAN: Did you expect him to come over to help you?
MR. GALLAGHER: No.
MR. BRENNAN: Did you prefer he not?
MR. GALLAGHER: Correct.
MR. BRENNAN: So, when you get the containers, were they plastic cups?
MR. GALLAGHER: Yes, they were red Solo cups.
MR. BRENNAN: And what was the purpose of using the red Solo cups?
MR. GALLAGHER: They were plastic. They weren't going to leak. They weren't going to get soggy. They were large. I needed a small sample. My thought was, because this was frozen or coagulated, that we could collect it, transport it, and transfer it to the crime lab, who could extract the DNA however they saw best fit.
MR. BRENNAN: Does the crime lab sometimes test evidence and sometimes not?
MR. GALLAGHER: Of course. Yes.
MR. BRENNAN: Is that your decision?
MR. GALLAGHER: No.
MR. BRENNAN: You were telling us about the leaf blower. Did it serve to excavate the area?
MR. GALLAGHER: It did.
MR. BRENNAN: Did you begin that process?
MR. GALLAGHER: I did.
MR. BRENNAN: And when you did that, did you try to memorialize it?
MR. GALLAGHER: Yes, I did.
PARENTHETICAL: [unclear]
MR. BRENNAN: Could you, Miss Gilman, stop at the end of the video so it's a still frame? That's good right there. Sir, who's the person holding the leaf blower?
MR. BRENNAN: How did you do that?
MR. GALLAGHER: I had Sergeant Goode videotape it.
MR. BRENNAN: Why did you have Sergeant Goode memorialize your efforts to excavate the area?
MR. GALLAGHER: I thought someone may wonder why I decided to use a leaf blower, so I wanted to demonstrate its effectiveness.
MR. BRENNAN: I'm going to move to introduce two videos that counsel has. So, there's no objection to these videos, right?
MR. JACKSON: No objection.
MR. BRENNAN: 51. Thank you. With the court's permission, can I show the jury the videos?
JUDGE CANNONE: Yes.
MR. BRENNAN: Miss Gilman, can we show number one, please? [unintelligible] Is that — is that —
MR. GALLAGHER: That is me.
MR. BRENNAN: Did the leaf blower work as you had hoped?
MR. GALLAGHER: It was great.
MR. BRENNAN: You see other footprints around that area, correct? Do you know how those footprints got there?
MR. GALLAGHER: Some of them were from first responders, some of them were from witnesses. The ones up top by the flag pole were from when the officers put out the crime scene tape.
MR. BRENNAN: Did officers try to wrap the crime scene tape around the flag pole?
MR. GALLAGHER: They did wrap it around the flag pole.
MR. BRENNAN: I see. And from that vantage point, could you see the side and front yard?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did the side yard have any footprints or evidence that anything was dragged through the side yard?
MR. GALLAGHER: No, not at all.
MR. BRENNAN: How about the front yard? Did the front yard have any evidence that anybody had walked across it or dragged anything across it?
MR. GALLAGHER: I mean, there was one set of prints from Sergeant Lank.
MR. BRENNAN: Other than Sergeant Lank's footprints across the front yard, was there any other impediment?
MR. GALLAGHER: No, not that I saw.
MR. BRENNAN: I'm going to ask if we could see the second video, please. Miss Gilman, could you stop there, please? You see the end of the leaf blower?
MR. GALLAGHER: I do.
MR. BRENNAN: There's an object just below it at like 7:00. Do you see that?
MR. GALLAGHER: I do.
MR. BRENNAN: Did you discover something in that area?
MR. GALLAGHER: We did.
MR. BRENNAN: What did you discover?
MR. GALLAGHER: It's a cocktail glass.
MR. BRENNAN: Was it — did it have any damage to it?
MR. GALLAGHER: It did.
MR. BRENNAN: Describe that for us.
MR. GALLAGHER: It was broken on the top.
MR. BRENNAN: Could you continue the video, please, Miss Gilman? Stop, please. There's some red spots. Is that what you identified as coagulated blood?
MR. GALLAGHER: That is.
MR. BRENNAN: Below some of those spots and to the left, there's an area that's not white. It's brownish. Do you know what that is?
MR. GALLAGHER: That's — I believe just bare ground.
MR. BRENNAN: Okay. If we could finish the video, please.
JUDGE CANNONE: Okay. Thank you.
MR. BRENNAN: Could we have the lights on, please. Did you or any officer at your direction obtain and preserve that broken cocktail glass?
MR. GALLAGHER: Yes.
MR. BRENNAN: May I approach, your honor?
JUDGE CANNONE: Yes.
MR. BRENNAN: So, I'm showing you two photographs. The first photograph, do you recognize what's in that photograph?
MR. GALLAGHER: I do.
MR. BRENNAN: What is it?
MR. GALLAGHER: It's — when we — after we exposed the broken — I exposed the broken glass.
MR. BRENNAN: Is the broken glass depicted in that photograph?
MR. GALLAGHER: Yeah, it is.
MR. BRENNAN: Is that similar or substantially the same way it appeared to you that morning?
MR. GALLAGHER: That's exactly how it appeared. Yes.
MR. BRENNAN: Do you know if that photograph was taken as a still image of the video or not?
MR. GALLAGHER: I do not.
MR. BRENNAN: Okay. Second photograph. Can you take a look at that?
MR. GALLAGHER: That's a closeup of the cocktail glass from the same scene.
MR. BRENNAN: It is. Yes. I'd like to move these two photographs into evidence.
JUDGE CANNONE: Okay. Do you want it to be 52 and 52A?
MR. BRENNAN: Please, your honor.
JUDGE CANNONE: It's 52 and 52A.
MR. BRENNAN: Lieutenant, what was done with that cocktail glass?
MR. GALLAGHER: It was bagged and seized as evidence.
MR. BRENNAN: Was it brought anywhere that morning?
MR. GALLAGHER: It was brought back to Canton Police Headquarters.
MR. BRENNAN: What happens when it gets back to Canton Police Headquarters?
MR. GALLAGHER: It gets logged into evidence and it's assigned an evidence number. The officer types in a description of the item. In this case it was a broken cocktail glass — or broken glass — and once he hits the space bar, it automatically generates a property number for it. And I believe in this case it was 22-18-PR, which means 22 is the year 2022, 18 is how many pieces of evidence the department as a whole had collected that year so far, and PR I believe means property room.
MR. BRENNAN: Why is it assigned a particular number?
MR. GALLAGHER: Everything is assigned a number by the computer.
MR. BRENNAN: You said it's brought to the evidence room. Is that a separate or special place?
MR. GALLAGHER: So, we have two rooms. We have a temporary evidence room and then there's a permanent evidence room. Only two people have access to the permanent evidence room.
MR. BRENNAN: Is there a reason why access to the evidence room is limited?
MR. GALLAGHER: There is.
MR. BRENNAN: Why?
MR. GALLAGHER: For security. Even in a police department, the evidence room is limited as to the people who have access.
MR. BRENNAN: That is correct. In the evidence room, is there an officer assigned as an evidence officer?
MR. GALLAGHER: Not full-time. There is an assigned admin sergeant who is assigned as the evidence officer.
MR. BRENNAN: Does anything happen specifically with the evidence? Is it packaged or stored in any particular way?
MR. GALLAGHER: The glass was put into a locker, I believe, in temporary evidence, and then it's the evidence sergeant's job to retrieve it. But in this case, we were going to transfer it to the state police.
MR. BRENNAN: Was it transferred to the state police at some point?
MR. GALLAGHER: It was.
MR. BRENNAN: Were you part of the transition of that item to the state police?
MR. GALLAGHER: I was.
MR. BRENNAN: And when was it transitioned, and to whom?
MR. GALLAGHER: It was on February 1st, 2022, and it was to a criminalist from the Massachusetts State Crime Lab.
MR. BRENNAN: Do you know who the criminalist was?
MR. GALLAGHER: I don't know the name. No.
MR. BRENNAN: Did the criminalist come to your department, or did you bring the item to them?
MR. GALLAGHER: They came to our department.
MR. BRENNAN: In addition to the glass, there were plastic cups with coagulated blood.
MR. GALLAGHER: That's correct.
MR. BRENNAN: What did you do with those cups?
MR. GALLAGHER: Those were placed in temporary evidence and placed in a refrigerated unit to carry them from Fairview to the police department.
MR. BRENNAN: Did you hold the actual cups or did you put them in something?
MR. GALLAGHER: Nope, they were stacked in a bag.
MR. BRENNAN: What type of bag?
MR. GALLAGHER: It was a craft paper bag. In this particular case, we utilized a Stop & Shop bag.
MR. BRENNAN: Is that any different than a bag from the police department?
MR. GALLAGHER: They're made of the same paper, craft paper, the same size and dimension. Other than Stop & Shop and "evidence" and probably price, they're basically the same bag.
MR. BRENNAN: Why did you use one of those rather than a bag that said "evidence" on it?
MR. GALLAGHER: I don't know where that bag came from. I was in a personal car. Sergeant Lank was in a Tundra. If that bag is upside down, you wouldn't know. It didn't say "evidence" on it. I'm not sure where that bag came from.
MR. BRENNAN: In the plastic cups, do you know what happened to those?
MR. GALLAGHER: Yes, they were turned over to the criminalist as well.
MR. BRENNAN: Where did you store them before they were turned over to the criminalist?
MR. GALLAGHER: Temporary evidence in a refrigerator.
MR. BRENNAN: Temporary evidence in a refrigerator. Is the refrigerator part of the temporary evidence area?
MR. GALLAGHER: It is. Yes.
MR. BRENNAN: Did you bring that piece of evidence, the broken glass, with you today?
MR. GALLAGHER: Yes.
MR. BRENNAN: With the court's permission, I'd like to approach the witness.
JUDGE CANNONE: Okay.
MR. BRENNAN: Handing you a box, gloves, and some scissors. Let me ask you about that box. It has red tape on it. Why?
MR. GALLAGHER: It's a secure seal for the transfer of custody.
MR. BRENNAN: Lieutenant, before you open the box, were you one of the officers that discovered that broken glass?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did you personally bring the glass from Fairview to Canton?
MR. GALLAGHER: No.
MR. BRENNAN: Do you know who did?
MR. GALLAGHER: Yes.
MR. BRENNAN: Who?
MR. GALLAGHER: Detective Sergeant Lank.
MR. BRENNAN: Sergeant Lank?
MR. GALLAGHER: Yes.
MR. BRENNAN: When you went back to the station, you said that the evidence was then put into an evidence locker. Did you place it in the evidence locker?
MR. GALLAGHER: I don't recall.
MR. BRENNAN: And then inevitably it was transitioned to somebody from the forensic unit.
MR. GALLAGHER: That's correct.
MR. BRENNAN: Were you personally there when it was taken from the evidence locker and given to the person from the forensic unit?
MR. GALLAGHER: Yes, that was me.
MR. BRENNAN: Did you have a responsibility and role in that process or were you a passive observer?
MR. GALLAGHER: I had an active role — I was the chain of custody. I was turning it over to the criminalist, to the state police lab.
MR. BRENNAN: After that glass was given to the criminalist, did you ever have possession of it again?
MR. GALLAGHER: Never.
MR. BRENNAN: Did you ever package it or touch it again in any way?
MR. GALLAGHER: No. Never.
MR. BRENNAN: When you were looking around the area that was pointed out to you where John O'Keefe was found, did you expand across the front lawn to the street during your search?
MR. BRENNAN: Did you ever process it in any way?
MR. GALLAGHER: No.
MR. BRENNAN: Did you put it in that box and tape it up yourself?
MR. GALLAGHER: No.
MR. BRENNAN: Okay. I'm going to now ask you to open the box, please. Is there an item in that bag?
MR. GALLAGHER: There is.
MR. BRENNAN: Would you please open the bag and show us what's in that bag? Thank you. If you could put it back in the bag and the bag back in the box, please. Lieutenant Gallagher, does that appear to be the same item that you found in the area where John O'Keefe was at Fairview that morning?
MR. GALLAGHER: Yes, it does.
MR. BRENNAN: I'd like to have the box and the item marked for identification, please.
JUDGE CANNONE: Okay.
PARENTHETICAL: [unclear]
MR. GALLAGHER: No, we didn't, with the exception of uncovering the six-foot asphalt berm.
MR. BRENNAN: Did you say six foot, or — excuse me — six-inch? What's What's a berm?
MR. GALLAGHER: It's basically a curbing, but it's made of asphalt. It's curved. You probably have seen it. It's asphalt. It's curved. It separates the street from the property line.
MR. BRENNAN: Why did you clear that piece?
MR. GALLAGHER: Wanted to see. We're trying to find out why John was having a medical issue, and we didn't know if he could have tripped over a curbing, or what turned out to be an asphalt berm, and possibly hit his head.
MR. BRENNAN: After you made efforts to look in that area, did you return to the Canton Police Department?
MR. GALLAGHER: I did.
MR. BRENNAN: About what time?
MR. GALLAGHER: It was shortly after 8:00 a.m.
MR. BRENNAN: After you returned to the Canton Police Department, did you receive any information or have a reason to return back to Fairview?
MR. GALLAGHER: Yes.
MR. BRENNAN: About what time?
MR. GALLAGHER: A little after 9:00.
MR. BRENNAN: Why did you go back to Fairview after 9:00?
MR. GALLAGHER: Sergeant Lank got a phone call that Jen McCabe had more information.
MR. BRENNAN: And where did you understand Mrs. McCabe was?
MR. GALLAGHER: At 34 Fairview.
MR. BRENNAN: Did you go back to 34 Fairview?
MR. GALLAGHER: I did.
MR. BRENNAN: Did you go with anybody?
MR. GALLAGHER: I went with Sergeant Lank.
MR. BRENNAN: Did you travel together or separate?
MR. GALLAGHER: Together.
MR. BRENNAN: When you got back to 34 Fairview outside, what did you do?
MR. GALLAGHER: We parked in the driveway. We walked up and next to the garage there's a side door. I don't know if we rang the bell or not, but Brian Albert, the homeowner, answered the door.
MR. BRENNAN: As you walked up to the door, did you have a chance to look around at the doors in the area in front of that side door?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did you see anything out of place?
MR. GALLAGHER: No.
MR. BRENNAN: You've been a police officer at that point for a long time?
MR. GALLAGHER: Yes.
MR. BRENNAN: Are you — do you receive any training in observing areas or people?
MR. GALLAGHER: Always.
MR. BRENNAN: What type of training? What are you told to look for when you're speaking to people?
MR. GALLAGHER: I've been BOSA trained, which is behavioral observation, suspicious activity training. And you look for clues when you're speaking to people. Whether they cross their legs, cross their arms, certain behavioral characteristics.
MR. BRENNAN: At this point, did you have any understanding that this would later be a crime scene?
MR. GALLAGHER: I did. Yes.
MR. BRENNAN: What happened — oh, how did you come to that conclusion?
MR. GALLAGHER: Not at that time. Not at that time. No.
MR. BRENNAN: Okay. Not at that time. When you went into the house, what part of the house did you go into?
MR. GALLAGHER: I went into the room. It's adjacent to the kitchen. And I stood there with Brian Albert.
MR. BRENNAN: Can you describe what kind of room that would be?
MR. GALLAGHER: Yeah, it was just a typical family room type room. It was not large. It was between the garage and the kitchen.
MR. BRENNAN: You met with Brian Albert?
MR. GALLAGHER: Brian Albert answered the door and let us into the house.
MR. BRENNAN: Did you understand what his relationship was to that house?
MR. GALLAGHER: He was the homeowner.
MR. BRENNAN: Did Sergeant Lank walk in with you?
MR. GALLAGHER: He did.
MR. BRENNAN: Did he stay in that living area?
MR. GALLAGHER: No, he went to the kitchen area and sat down with Jen McCabe.
MR. BRENNAN: Could you see the kitchen area from where you were?
MR. GALLAGHER: I could see a portion of the kitchen area.
MR. BRENNAN: Did you see anybody else in the kitchen area with Mrs. McCabe and Sergeant Lank?
MR. GALLAGHER: There were people in the kitchen area. There was nobody with Sergeant Lank or Mrs. McCabe.
MR. BRENNAN: Could you hear their conversation?
MR. GALLAGHER: No.
MR. BRENNAN: Were you trying to listen?
MR. GALLAGHER: No.
MR. BRENNAN: Were you speaking to Mr. Albert?
MR. GALLAGHER: I was.
MR. BRENNAN: Did you take the time to make observations of him?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MR. BRENNAN: Did you take the time to make observations of him?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did you speak to him?
MR. GALLAGHER: Yes.
MR. BRENNAN: Did he speak to you?
MR. GALLAGHER: Yes.
MR. BRENNAN: Was there anything about his mannerisms or affect that caused you any concern?
MR. GALLAGHER: No. It was just a social conversation. There was nothing of concern at all.
MR. BRENNAN: Was there anything about it that caused you to hone in or be concerned?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow that.
MR. GALLAGHER: No.
MR. BRENNAN: Did you get a chance to look around that living area at the items?
MR. GALLAGHER: I didn't look around — just with my eyes.
MR. BRENNAN: Did you get to see that area?
MR. GALLAGHER: I did.
MR. BRENNAN: Did you see anything broken or out of place?
MR. GALLAGHER: No. Nothing.
MR. BRENNAN: Anything that caused you any type of concern?
MR. GALLAGHER: Nothing.
MR. BRENNAN: When you looked towards the kitchen, did you see anything that looked different or suspicious in any way?
MR. GALLAGHER: Nothing.
MR. BRENNAN: Did the interaction cause you any alarm or concerns?
MR. GALLAGHER: No.
MR. BRENNAN: After Sergeant Lank had an opportunity to speak to Mrs. McCabe and you spoke to Brian Albert, what did you do next?
MR. GALLAGHER: We left.
MR. BRENNAN: Where did you go?
MR. GALLAGHER: We went back to the police department and were informed that the state police were going to respond to the hospital and that we didn't need to respond to the hospital.
MR. BRENNAN: When you heard that the state police was then going to get involved in the investigation, what does Canton do when the state police takes over an investigation?
MR. GALLAGHER: Well, it was based off of a conversation I had with my chief in the detective sergeant's office.
MR. BRENNAN: Was there a decision about Canton's involvement in the ongoing investigation?
MR. GALLAGHER: There was.
MR. BRENNAN: What was that decision?
MR. GALLAGHER: That we should recuse ourselves from any further investigative interviews.
MR. BRENNAN: And why was that?
MR. GALLAGHER: Because our best detective — his name was Kevin Albert — and he was the brother of the homeowner, and I didn't want any potential bias, whether unconscious or subjective, to be perceived by the O'Keefe family.
MR. BRENNAN: So when the state police got involved and you had the conversation with the chief, was that the end of your efforts towards this?
MR. GALLAGHER: It was the end of our efforts until I helped facilitate during the search warrant on February 1st.
MR. BRENNAN: And so at some point was the defendant's Lexus brought to the Canton Police Department?
MR. GALLAGHER: It was.
MR. BRENNAN: Was it put in a particular area at the Canton Police Department?
MR. GALLAGHER: It was.
MR. BRENNAN: What area?
MR. GALLAGHER: The Sallyport.
MR. BRENNAN: What's a Sally Port?
MR. GALLAGHER: Sally Port is where when we have an arrest, we bring our prisoners in. It's basically an extra-large garage. It has four doors. They're numbered 1, 2, 3, and 4. We typically go in door four and pull towards door three. Door four is lowered and then prisoners are walked into the booking area, which is also secure. The exterior doors to the sally port can only be opened by the dispatch console.
MR. BRENNAN: When crime scene services came to look at the car, was that the same day, the 29th, or a later time?
MR. GALLAGHER: No, it was February 1st.
MR. BRENNAN: Did the Lexus remain in the Sallyport area from the 29th until February 1st?
MR. GALLAGHER: Yes.
MR. BRENNAN: When representatives from the crime lab from the Massachusetts State Police came on February 1st, who provided them access to the Lexus?
MR. GALLAGHER: I was one of the people there. I don't know if I provided them direct access, but I certainly assisted them if they needed things. That's when the chain of custody — the exchange of custody for the blood samples and the glass — occurred as well.
MR. BRENNAN: And during their processing of the Lexus, were you there for parts of it?
MR. GALLAGHER: I was in and out, yes, but I did not partake.
MR. BRENNAN: Thank you very much.