[Music] did when we get e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e all right thank you please be seated quot now 22117 the Comm versus Karen Reed can I have councel could we wait on the introduction could I just please see council at C thanks e e e e e e e e e e e e e e e e e e e e e e e e e e he ye hear ye hear you all parties having anything to do before The Honorable first Justice Beverly kenon now sitting in the nor fork superior court within for the county of nor fork drawn near give your attendance you shall be heard God save the Conwell from this good Court thank you may you see the court now okay good morning jurus Jim yeah I'm sorry jurus could you stand one more time and raise your right hands do each of you solemnly swear you shall well and truly try the issue between the Commonwealth and the defendant according to your evidence and according to the law so help you God you can have a seat jurors hearken to these indict Ms 2282 cr17 001 Karen Reed of Mansfield in the county of Bristol honor about January 29th 2022 at Canton in the county of northfalk did assault and beat John o'keef with intent to murder such person and by such assault and batter did Kill and murder the said joh o'keef and is guilty of murder in the second degree and not in the first degree in violation of General Law chapter 265 Section 1 002 Karen Reed of Mansfield County of Bristol honor about January 9 2022 at Canton in the county of northfalk did operate a motor vehicle upon a way is defined in Massachusetts General Law chapter 90 section one or in a place to which the public has a right of access or upon a way or in a place to which members of the public have accesses in VES or licenses with a percentage by weight of alcohol in her blood of 81 100s or greater or while under the influence of intoxicating liquor and did so operate said motor vehicles that the lives and safety of the public might be endangered and by such wanting and Reckless conduct so did described did cause the death of another person to ITT John O'Keefe in violation of General Law chapter 265 section 13 and A2 003 Karen Reed of Mansfield in the county of Bristol honor about January 29th 2022 at Canton in the county of northfalk did operate a motor vehicle upon a way or in a place to which the public has a right of access or upon a way or in a place to which members of the public have access as invitees or lenses and without stopping and making known her name residence and registration number of her motiv vehicle to go away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to John o'keef such injuries having resulted in the death of said person in violation in violation of General Law chapter 90 section 242 a and a half2 to these indictments the defendant has pled that she is not guilty and for trial has put herself upon the country which country you are and you were sworn to try the issue if she is guilty you ought to say so if she is not guilty you will say so and no more jurors hearken to the evidence thank you very much will Council identify yourselves please starting with the Commonwealth Adam L for the Commonwealth good morning your morning Mr Ali morning your honor Laura mlin for the Comm good morning Miss mlin good morning your honor Alan Jackson on behalf of M Reed morning Mr Jackson good morning your honor Elizabeth little also on behalf of Miss Reed good morning Miss little good morning your honor and Ladies and Gentlemen of the jury my name is David yti and I represent Karen Reed good morning Miss tetti good morning Miss all right good morning jurors uh before we begin I have to ask you three questions that I'm going to ask you every single time we meet the first question is were you all able to follow my instructions and reframe from discussing this case with anyone everyone said yes so nodded affirmatively were you also able to follow the instructions in reframe and doing any independent research or investigation into this case everyone said yes or noded affirmatively did anyone happen to see hear or read anything about this case since we were last in court everyone said no or shook their heads thank you all right jurors I'm about to make some preliminary remarks to you to acquaint you with some of the legal principles procedure and terminology that you'll hear about during the course of the trial but these comments are not intended to be a substitute for the more detailed instructions on the law uh which I will give you at the conclusion of the case this is the trial of a criminal cases you've heard and you've heard that the defendant is charged with second deegree murder she's also charged with mans Slaughter while operating Under the Influence and leaving the scene after causing personal injury or death I will describe in detail at the end of the case each of these indictments when I teach you the law but briefly murder is the unlawful killing of a human being in order to prove the defendant guilty of second deegree murder the Commonwealth must prove Beyond A Reasonable Doubt that the defendant committed an unlawful killing and that it was done with malice in comparison manslaughter while operating Under the Influence is an unintentional unlawful killing caused by wanting or Reckless conduct while under the influence of intoxicating liver liquor again these terms and elements of the crimes including the additional crime of leaving the scene of an accident after causing personal injury or death will be described for you in detail at the end of the case please remember that the defendant starts this trial presumed to be innocent the fact that she was arrested or that she was indicted is not proof of anything an indictment is just a piece of paper it just makes an accusation so it it's merely a formal manner of accusing a person of a crime to bring her to trial in the superior court but it is only the jury in other words you folks who can decide whether the prosecution has proved its case Beyond a reasonable doubt if the Commonwealth does not do that then the presumption of innocence alone requires you to find the defendant not guilty the law does not require a defendant to prove her innocence to produce any evidence whatsoever or to do anything other than attend the trial this presumption of innocence remains with the defendant until you the jury make your determination after listening and considering all the evidence what is proof Beyond of Reasonable Doubt the term is often used and probably pretty well understood though it is not easily defined proof Beyond A Reasonable Doubt does not mean proof beyond all possible doubt for everything in the lives of human beings is open to some possible or imaginary doubt a charge is proved Beyond a reasonable doubt if after you have compared and considered all of the evidence you have in your minds an abiding conviction to a moral certainty that the charge is true when we refer to moral certainty we mean the highest degree of certainty possible in matters relating to human Affairs based solely on the evidence that has been put before you in this case I have told you that every person is presumed to be innocent until he or she is proved guilty and that the burden of proof is on the prosecutor if you evaluate all the evidence and you still have a reasonable doubt remaining the defendant is entitled to the benefit of that doubt and must be acquitted it is not enough for the Commonwealth to establish a probability even a strong probability that the defendant is more likely to be guilty than not guilty that is not enough instead the evidence must convince you of the defendant's guilt to a reasonable and moral certainty a certainty that convinces your understanding in and satisfies your reason and judgment as jurors who are sworn to act conscientiously on the evidence that is what we mean by proof Beyond a reasonable doubt now our system of justice depends on judges like me and jurors like you being able and willing to make careful and fair decisions all people deserve fair and equal treatment in our system of justice regardless of their race national origin religion age age ability gender sexual orientation education income level or any other personal characteristic you have agreed to be fair and I'm sure you want to be fair but that is not always easy one difficulty comes from our own built-in expectations and assumptions they exist even if we're not aware of them and even if we believe we do not have them some of you may have heard this called implicit bias and that is what I'm talking about of course we judges have the same problem as everyone else so let me share a few strategies that we have found useful first slow down do not rush to a decision hasty decisions are more likely to reflect stereotypes or hidden biases second keep an open mind avoid drawing conclusions until the end of the case when you and your fellow jurors deliberate remember that when you deliberate you will have all the evidence and all the time you need to make a careful decision so there truly is no need to St making up your mind before them third you should listen closely to all the witnesses that is the best way to ensure that you decide this case based on the evidence and the law instead of upon unsupported assumptions fourth as you listen to the testimony about the people involved in this case consider them as individuals rather than as members of a particular group finally I might ask myself would I view the evidence differently if the people were from different groups such as different racial ethnic or gender identity groups at the end of the case I will remind you of these strategies and ask you to focus on the evidence instead of any unsupported assumptions you may have all we ask is that you individually and as a group do your best to resolve this case based upon the evidence and the law without sympathy bias or Prejudice to the best of your ability as human beings now when I finish with these initial instructions Mr L will make his opening statement Mr dianetti can choose to make an opening statement or not because the defendant has no burden of proof and doesn't have to prove anything her lawyer doesn't even need to make an opening statement an opening statement is a summary of what the lawyer expects the evidence at trial will be it is intended to introduce the main issues in the case next the prosecution will introduce evidence in support of the charges in the indictments after that the defendant may present evidence on her behalf if she wishes to do so but again she is not obligated to do so remember the burden of proof is always on the Commonwealth to prove that the defendant is guilty the law does not require any defendant to prove her innocence or to produce any evidence at all after all the evidence each side will have an opportunity to offer you closing arguments about what conclusions you you might draw from the evidence like the opening statements the closing arguments are not evidence they're merely intended to help you understand the respective contentions of the parties finally after all the evidence and the lawyer arguments I will instruct you in detail on the principles of law which you to apply in your deliberations when you retire to consider your verdict your verdict must be unanimous you see that we have many of you we have 17 of you and only 12 will Ely decide this case uh and that's done at the end of the case we impanel so many jurors in a case that's going to take a long time in case something comes up and a juror can't complete his or her service let me talk briefly about our respective roles in this case as the judge my responsibility is to see to it that this case is tried in an orderly fair and efficient manner it's also my function to decide any questions of law that come up during the trial and to instruct you about the law that applies to this case it is your duty to accept the law as I stated to you whether you agree with it or not the jury's function you folks are the most important people in this courtroom you determine the facts of this case you are the sole and exclusive judges of The Facts you alone determine what evidence to believe how important any evidence is that you do believe and what conclusions all the believable evidence leads you to you will have to consider and weigh the testimony of all the witnesses who will appear before you and you alone will determine whether to believe any witness and the extent to which you believe any witness you can believe all of what a witness says some of it or none of it it's entirely up to you it is part of your responsibility to resolve any conflicts in the testimony that may arise during the course of the trial and to determine where the truth lies ultimately you must determine whether or not the Commonwealth has proved the charges Beyond A Reasonable Doubt the lawyers have their own important role in this trial they are of course Advocates their job is to bring to your attention the evidence and arguments that best support their position they may also object to evidence offered by the other side that may not be admissible under our Rules of Evidence similarly we may engage in sideb conferences over here out of your hearing they not intended to keep secrets from you but to allow the lawyers a little more time to argue their points so that I can rule on what you may consider as evidence if I agree with an objection to a question during trial I will use the term sustained you are then to disregard that question and you not to speculate as to what the answer might have been in the same way you were to disregard any evidence that I tell you is stricken from the record if I reject or overrule an objection I will allow the witness to answer the question and you may consider that answer but you're not to give that answer any more weight than you would have had no objection been made please do not hold it against the lawyers if they make an objection that's part of the lawyer's job the lawyers have to let me know when there's a potential issue about the admissibility of certain evidence of law under our laws you must decide this case solely in the evidence presented in the courtroom and this will include the sworn testimony of witnesses and may also include exhibits that are admitted into evidence any facts which I tell you may have been agreed upon by both sides and any facts which I indicate to you that you may take as a matter of common knowledge question to Witnesses no matter how artfully phrased are not evidence only the answers that you receive from the witnesses who are testifying under oath or evidence if one of the lawyers or I refer to some part of the evidence that does not coincide with your own recollection it is your Collective recollection which you are to follow in your deliberations in this case I'll allow you folks to take notes any jurors who wish to take notes during the course of the trial except during opening statements and closing arguments because again those aren't evidence um we'll hand out notebooks after the openings this morning so that you can take notes they'll be provided to you daily your notebooks will be collected every day they'll be kept locked up and conf confidential and they're destroyed at the end of the trial you're not required to take notes the choice is completely up to you some jurors may feel that notes are helpful particularly if the case involves many witnesses or complicated issues notes also can help you to remember specific testimony or evidence such as times places dates names relationships events distances things of that nature other jurors may feel that no taking is a distraction and may interfere with hearing and evaluating the evidence if you do take notes I suggest you keep them brief they are not and cannot be considered official transcripts of the trial testimony however bear in mind that although the court reporter is recording everything that transpires here we do not have the capability of providing you with the transcript of the testimony at the conclusion or any time during the trial so you will have to rely on your own memories of the testimony perhaps supplement by your notes regardless of whether or not you take notes remember that how a witness testifies may be just as important as what he or she says Therefore your observations of the witness's appearance and demeanor on the witness stand may play an important part in your assessment of his or her credibility so please do not let your not taking distract you from an appreciation of all the evidence now I'm going to address the issue of of public interest in this case again and the duty of this court and this jury to adhere to the rule of law because it is so very important remember John Adams said that we are a government of laws not of men and that the law must be deaf to the clamoring of the public he meant that while public opinion about a given subject May e in flow the law Must Be steady reliable and evenhanded we know that on the subject of this case there are people advocating for one outcome or another with intensity but without the benefit of having heard or seen any evidence at all the law Works in a different way and the difference is crucial to our system of justice this jury will decide this jury selected for this trial will hear and judge the evidence you will decide what the facts are and where the evidence is contested you will determine where the truth lies ultimately this jury you folks will decide whether the Commonwealth has carried its burden of proving that the defendant is guilty of any crime Beyond A Reasonable Doubt people outside of this building have rights and we know that they have voices but this trial will be decided by you an independent jury free from outside interference based only upon the evidence presented in this courtroom and the the law this is the only way to ensure that every person who comes before the court receives a fair trial it is just that simple and that important so while public comment will likely continue you must ignore it so that in this courtroom the rule of law will be upheld this means that during the trial until you retire to deliberate you must not discuss this case with anyone this includes family and friends and even your fellow jurors nor should you allow anyone to communicate with you about any aspect of this case you must not conduct any independent research about this case the matters in this case the individuals involved in this case in other words you must not consult the internet including social media and do anything else to find out any information from any Source outside the confines of this courtroom as best as you recognize them please have no contact with any of the participants in this trial or anyone associated with either side including the lawyers please do not visit any locations that may be mentioned during the trial we will go on a view and I will discuss that with you before we go remember you were instructed that you must not and you assured us that you would not read watch or listen to any account of any aspect of this case in any news media or from any other source it is critical that you follow that instruction as hard as it's going to be finally please continue to keep an open mou now I know that you will try this case according to the oath that you have taken as jurors when you took that oath you promised that you would well and truly try the issues between the Commonwealth and the defendant according to the evidence and the law if you follow that oath approach this case with an open mind and make your decisions fairly and without prejudice bias or sympathy for anyone they then you will arrive at a true and just verdict and that's what we ask of you so with that it's time for opening statements and whenever you're ready Mr L thank you and I ask only that you keep your voice up please my best good morning uh so as her honor was telling you uh this is one of the two opportunities that I will get to uh to address you um the per of which right now uh essentially uh what I'm going to attempt to do and I know you heard over the course of the impalement process a number of different witnesses that were listed out as as far as potential Witnesses in this case uh so what my intent here is to provide as much of a road map as I can through uh those Waters and help you to navigate sort of who these people are and what relation they have to this case me start with John O'Keefe John O'Keefe uh grew up in braer he was 46 years old when he passed he was the son of uh joh o'keef Jr and Margaret or Peggy he was a brother to Paulo Keef uh and to his sister Kristen fer Kristen was married so John's brother-in-law was a man named Steven FR and they had two children uh who were very young uh in 2013 now in 2013 uh Kristen unfortunately tragically uh passed away to coming to uh to cancer uh in November of 2018 within months of that uh mr's brother-in-law and Kristen's husband stepen uh passed away as well now initially uh when John O'Keefe's sister passed away uh sort of the initial plan uh for that situation was that uh John O'Keefe was going to move in with Steven flush and the kids and assist uh as far as raising and then uh when Steven passed away a few months after his wife uh before those plans could be final um Don o'e then moved in uh with his niece and nephew and assumed the parental role and assumed legal guardianship with respect to both of those children now he was assisted in this uh by a great number of people within the town of Canton where the for bues lived uh and where John moved into uh the home with the two children there there were other parents uh within the neighborhood other the parents within the children's age group uh you'll hear from a number of them over the course of this trial uh but they include Mrs Carrie Roberts and Mrs Jennifer McKay uh they helped Mr O'Keefe out during those initial stages and and during the time uh that he assumed this he also brought help from his work Don O'Keefe was a uh proud member of the Boston Police Department had been for many years uh he had been a patrolman prior to uh moving in with the children and assuming this role uh Boston Police Department helped him greatly as far Asing him to more of a death's role working in the sex offender unit uh with more regular hours to sort of simulate himself to this new life uh and this new role that he uh with these children initially John o'keef lived in the house with the kids however in 2018 uh they moved into a new home sort of a new home that they could have at Rome uh that home is located also within the town of Canton sort of on the stoen side of Canton at one Meadows at John o'keef raised these children uh swimming guardianship for them for about 8 years his niece was the the Elder of the two was about 14 at the time that John o' died and his nephew was about 11 years old at the time that John O died January 28th 2022 was a relatively typical day it was a Friday going into a Saturday of January 29th sort of typical in the sense uh of most sort of suburban parents there were a lot of activities weend Sports practices games things of that nature uh that the o for Bush uh family had to look forward to one little difference uh when it came to that particular day of January 28th and the 29th is the weather so there had been predicted and there was going to be a snow storming significantly uh a blizzard essentially was coming in overnight that Friday into Saturday uh lasting through most of the day on Saturday the 29th and as a result of that most of those sort of typical you know weekend routine activities that would keep most people including those within the town Camp busy have been cancelled ahead of time everybody knew what was coming everybody knew essentially you weren't going to leave your house all that much the following day now also on January 28th Mr oie had received some news in respect to his niece so his niece and her best friend uh were in eighth grade of the time going into high school in the fall of 2022 they both applied to a private school called fishan and they both found out on 28th that they have been accepted to that uh so the friend as well as her father gentleman by the name of Michael camarano uh who uh both he and his wife Katherine camarano were friendly uh with John o'keef uh they had children around the same ages as both John's niece and his nephew and they had come over to their house on Meadow zav that evening to celebrate the girls getting into this um the nephew of John uh the 11-year-olds uh was sweet over a friend's house that night he left at home sometime around 700 p.m. or so got picked up and and went to sleep over his friend's house John O ke and Michael camarado then uh decided to travel out to a local establishment on Washington Street called CF Marc bar and restaurant uh you're going to hear testimony uh and you're going to see surveillance video and you're going to see receipts and all kinds of things from variety of different establishments all sort of located within cam Center along that strip in Washington now they get uh Mr o'keef and Mr camarano uh leave the girls at home uh they then go to see if McCarthy is arriving there sometime between 7:30 and 8: a.m. they eventually uh kajo another friend of theirs Mr K Roberts uh to come out to the bar and join them as well and there's some other people that are located within the bar including a Mr James suin who we hear from who was present at the bar that night as well eventually the defendant Karen Reed joins them at this establishment C carus uh sometime just before 9 p.m. now Jon Keef and Karen Reed had met sometime in 2004 they had dated briefly during that time and and reconnecting sometime around March of 2020 around the time of the uh 19 sort of pandemic shutdown they had started dating around that time period or reconnected during that time period and um the defend had stayed at the house in Canton several nights a week she had helped out out with the children in the month or so leading up to mr's death the relationship sou you will see text messages uh between Mr oi and Miss Reed to that effect you will hear testimony uh from the children uh from John's niece and nephew in regard to uh things they observe within that relationship and you'll hear testimony from some other individuals as far as their OB or things that they [Music] heard turning to January 29th 20122 just after 6: a.m. C Police Department receives a 911 call from a woman reporting a male party subsequently identified as John found in the snow outside of residence at the 34 Fairview Road at the time as I mentioned the blizzards that had been predicted was occurring heavy snow temperatures in the teens uh wind uh bu buling around officer Steven SAR and officer Steven Melania the cam police were dispatched along with cfire and EMS and you'll hear from them in regard to their response and what they observed onene in particular with officer sarahfield have as an exhibit anticipates a cruiser camera video from his Cruiser detailing or memorializing sort of his response in the darkness in the blizzard type conditions uh as he's driving from the can police station where he was when you receive the call uh to 34 Fair View when they arrive there they observe uh three individual three females sort of off to the left side of the property and when I say the left side of the property I mean if you're standing out on the street facing 34 Fairview Road off to the left side of the property there's a flack ball there's a fire hydrant uh there's some bushes uh that is where this ke for the right side of the property is sort of the driveway and the mailbox other things that you'll become familiar with uh through photographic evidence and other means through force of this trial the three females that the officers observed there were then identified as a defendant Karen Reed Mrs Jennifer mccab who have received a phone call earlier in the morning from the defendant as well as Mrs Kerry Roberts who would also received a phone call early that morning from the defendant the several firefighters from the Canon fire department you'll hear from in regard to their observations of injuries abrasions and lacerations to the right arm of M here their testimony in regard to swelling of his eyes and other injuries that he observed they observed uh redness from the cold that he had been lying out in for some time you'll hear the testimony from these firefighters of Timothy nuttle Anthony flatti Matthew Kelly Francis Walsh K MC Laughlin and Greg woodb at least from three of those firefighters you their testimony anticipates detailing statements that the defendant made to when they had asked about the origination of some of those injuries defendant St repeatedly I hit him I hit him I hit him Mr o'e then taken from the front lawn onto what they call a scoop stretcher as he's doing that I anticipating you hear Miss Robert's testimony that despite the 6 Ines of snow approximately that was on top of Mr O ke's body and the snow throughout the the roadway front yard everywhere around where he was there was grass underneath Mr o'i where his cell phone was located underneath his body As We Lay on that he's then transported by firefighters Kelly flatti and Nal as well as the ambulance being driven by firefighter Mosin to the good smaran medical once there there are some observations and you'll hear testimony from Dr Justin rice from that facility as far as observations consistent with why I anticipate the here from those firefighters but then there is a certain warming procedure that they go through trying to bring his body temperature up because when Mr o'keef arrives at the Good Samaritan Medical Center his body temperature is 0 and after those resuscitative efforts prove unsuccessful Mr roef is eventually pronounced by Dr Rice at approximately 750 shortly after that when the fendant is then being driven away from the scene by Miss Roberts who uh is now going to go pick up Mr and Mrs o'keef Jonathan's parents in BR treat and bring them to this Maran Medical Center in Brock the attended makes some statements of self harm as a result of that she's then transported uh to the good maritan Medical Center as well by two firefighters named Daniel Whitley and Jason Becker and amongst the statements that they uh gain from the defendant as they're having a conversation with her in regard to that in regard to retrieving diagnoses she indicates that the last uh that she saw Mr they had gotten into an argument before he had gotten out of the car front a fair now you'll also hear testimony from some of the other first responding officers from the can police department including Lieutenant Paul Gallagher Sergeant Sean good and Sergeant Michael Len in regard to their initial response their observations people that they spoke to where they went uh and their ability to recover Within These blizzard I that are still ongoing certain pieces of of evidence that they located in around the area with Mr O's body was found you'll also hear from Charles Ray of the County Police Department who was CED with at this point in time the County police were unaware that that the nephew was over a sleepover they weren't aware that Mr camarano had come over to the residents on meow zav and picked up the niece bringing her back to his house as she was left unattended when the defendant left uh to go looking for S key so unaware of that they go do a well-being check approximately 8:22 in the morning and they also have Cruiser camera video attached to their Cruise Room you'll see that video of and when they pull into the driveway thats approximately 8:22 in the morning they pull in directly behind uh where eventually you'll hear miss m left uh the def vehicle after driving it from carhouse meow and search m Kei and you'll have that foot um that footage and you'll be able to see the back of the defendant vehicle specifically the right rear tail light of that now you'll also hear testimony as I mentioned from the ceranos from Mr Roberts uh from Mr so also they were all present with the defendant and Mr o'keef at CF McCarthy's um you'll hear testimony from another number of other individuals who were at the waterfall waterfall is a bar located across the street essentially from CF McCarthy is on Washington Street in Camp center and somewhere the Mr o' Keith and the defendant went after leaving CF McCarthy's at approximately 11:00 p.m. or so now from that establishment you'll hear from Rebecca trayers who was working as a bartender at the waterfall that evening you'll hear from a couple named nichas and Karina potis uh who were friends of friends who had known Mr o'keef through daughter around the same age as as Mr Mrs Kus some conversation with the defendant that evening as well as herself and Mrs M at the waterfall she left around the same time as they did she parked on Washington Street around the same area as Mr o'keef and Miss Reed did specifically in Miss Reed's car and she observed Miss oi and the defendant walking toward the defendant's vehicle and specifically the defendant walking towards driver so now you'll hear testimony from a Christopher and Julie Alber who were people who were at one point Neighbors of Mr o'keef uh they knew him well from from being neighbors of him uh Christopher Albert owns a pizza shop also located within that cannon center area Mr O'Keefe earlier in the day of the 28th had been into that pizza shop along with his nephew to get his nephew Place Christopher Albert and Mr o'keef had some conversation regarding what they were doing that night and it's Christopher Albert who actually texts uh Mr o'keef and indicates that they're over at the waterfall and that he should come over shortly before Mr o'keef and the defendant make their way from CF McCarthy's hope now Christopher Alin left directly from the waterfall and went home was sort of walking distance way uh from um his wife Julie Albert had left earlier in the evening there was band playing at the waterfall that night this Julie Alber started to get a migraine and she left before most of the group included within that group and sort of how they came to the waterfall the Albert family in particular Julie Albert uh went there along with uh her sister-in-law Nicole Albert uh as well as her uh niece Caitlyn Albert her niece's boyfriend and Mr chist Morris and they had had dinner at the waterfall earlier in that now Nicole Albert lives at 34th FAO she has a husband named Brian Albert who's also a Boston C house Brian Albert had gone with a friend of his who's also in law enforcement named a man named Brian Higgins and they had gone separately but have come home together from a funeral for a fallen police officer in New York City came home early to sort of beat the weather and eventually they meet up with Brian Albert's family at the waterfall now Tristan Morris who was Caitlyn Albert's boyfriend uh had left the waterfall at some point in the evening he then returns later to the residence on favie road and picks up Caitlyn Albert brings him home all of this is in relation to Brian Albert and Nicole Albert's son Brian Albert Jud uh whose birthday was coming up following day the day of the snowstorm on the 29th so he had been back at the house at 34 Fairview while his family was out at the waterfall uh he had a number of friends that had come over uh that evening to celebrate his birthday with now among those friends was two individuals named Sarah levenson and Julie n and they were at The Residence at 34 Fairview for a good portion now those individuals from the waterfall that leave and then come uh to 34 fairie they do so sometime shortly after midnight shortly after midnight is when it starts to snow BL are starting to come down snow is starting to stick to some degree to road to front lawn grassy areas uh around the town now from that group the group that goes back is obviously Brian Albert and Nicole Albert as they live there Caitlyn Albert because it's her parents and her boyfriend picking her up as well as Jennifer mccab who was Nicole Albert's sister uh and her husband Matthew um they go back to that and there's an open invitation to essentially anybody that's there um John O'Keefe takes them up on that there's certain text messages and phone conversations between Donald ke and Jennifer mcab as to where this house is located as he's never been there before and then he and the defendant arrive in the defendant's vehicle to 34 fair vle and once there there are several witnesses from within the home that observe uh the vehicle parked in so I mentioned earlier there were two uh females that were with Brian Alber Jr at the house one of them being Julie Nick some point she calls her brother Mr Ryan for a ride home he then gets a ride from his friends Ricky Antonio uh as well as uh his Mr Nagel's girlfriend Heather Max that's riding in the back of Mr theon's Pickup truck I say that because they arrive at Fairview Road around the same time as a defendant pant is coming in from One Direction the pickup truck that Nagel brother is coming in from another Direction the pickup truck that the Nagle brother's riding in flashes its light signaling defendant to go she goes first they follow in behind and lo and behold they end up at the same house they Park the pickup truck somewhere in that right side of the property facing it from the street in the area of the driveway and the defendant in her black leg say SUV Parks a little bit further up different people from within the pickup and different people from within the house observe that Lexus SUV in one location pull up a little bit further and then pull up a little bit further till it's in the area of that fire hydrant of that flag pole where Mr o' is located the following morning now from their position I anticipa the testimony that you're going to hear is that Heather Maxim from that pickup truck observes uh a male passenger and a female operator when the pickup truck operator flashes those lights if the vehicle is a facing each other before they pull out there what you'll hear also I anticipate from all three of those individuals in the pickup and julle comes out to the pick up the talk to thebr uh is that no one ever exits that V there are no footprints around that vehicle there's no damage that they observed to that vehicle at that time again it's just started to snow things aren't sticking really too much at this L Nagel has a conversation with the brother decides if she's going to stay at the house longer so the rains for a ride home uh and the pickup truck leaves from that one as they pass by they observe a female operator matching I submit is the description of the defense from all of those people within that house that evening none of them at any point in time observe John o' ke come into the house see the vehicle out front they see the vehicle pull away and they just assume that they left and that no one was coming we'll hear a testimony from other individuals who are at the house that night including Colin Albert who was Julian Christopher Albert's son he's also the cousin of Brian Albert Jr who has having people over for his birthday he's leaving the house around the time that the initial people coming back from the waterfall which includes the homeowners uh Mr Higgins are sort of coming into the house at that point uh Colin Albert is leaving he's getting picked up by young lady named Alis in the cave who was Jennifer and Matthew the Cave's um daugh who's also friends with Colin Albert and also cousins of Brian Albert Jr who's within the home celebrating his birthday as I mentioned you'll hear testimony from Matthew mccab and from Jennifer M in regard to their observations that particular evening both at the waterfall as well as uh at the residence on sah View Road and then you'll hear testimony in regards to a phone call a phone call that Jennifer mccabes from John o' ke's niece at approximately 4:53 in the morning she answers that phone call speaks to the niece briefly and the niece hands the phone over to the defendant now you'll hear testimony from the niece as well that about 4:30 in the morning or so the defendant came into her room uh in a frantic State saying that Mr o'keef had not come home the night before so initially when the defendant is talking to miss mcab she indicates to miss mccab that the last time she saw m was at the waterfall eventually as miss m was waking up she reminds the defendant that she not only saw them leave the waterfall around the same time as herself but also saw the vehicle uh the defendant vehicle outside of the home on Fairview Road eventually the defendant while driving around this will come in as far as other testimony and related testimony as it develops but she's driving around in that morning she's calling a bunch of number of different people friends of of Mr O'Keefe she's calling Mr O himself she also calls Miss Roberts so K Roberts receives a call about 5: a.m. from the defendant indicating uh that mrke did not come home indicating that he got hit by a plow or that he must be dead M Roberts then gets ready Mr cave is getting ready as we're all sort of planning to go out and and look for Mr O to see if they can locate they call numerous times you see that within the text messages and the the phone extractions from a variety of people's different phones throughout the course of this trial as well So eventually the defendant comes to miss MC's home um indicates at some points prior to that that she has cracked help this m then gets in the driver seat uh due to the defendant's Frantic State Miss Roberts is there as well Miss Roberts follows Miss mccave driving the defendant's vehicle back to Mr use residence of meadow checks on the nce uh the defendant then shows uh both Miss Roberts and Miss MCC uh the damage to her right ra tail light which is essentially missing a number of different pieces from that right rear tail light they then proceed off uh to drive and see if where they can if they can locate Mr O V is insistent that they go to that residence on shie road again they're driving down there in the dark in the snow in the wind in the blizzard as they approach towards that residence there is one person so they're seated within the vehicle and this is Miss Robert's vehicle she's driving Mrs M is in the front passenger seat and the defendant is in the rear passenger seat the defendant is the only one who sees Mr O yells and screams at Miss Roberts to stop the Roberts and miss m by anticipate will testify that they did not see Mr not only as they were driving past him but even after they got out of the vehicle until the defendant gets out of the back seat and makes a be line essentially right over to where Mr O's body is found this is the cave uh dials 911 and shortly after that is when the officers and firefighters arrive on now while they're waiting there at approximately 6:23 6:24 a.m. uh during conversation uh with the defendant the defendant uh asks Mrs mcab to look up on her phone how long someone has to be out in the fold to die from hyp or something to that effect and you'll hear some dispute as to when that search was made and you'll hear testimony from three different friends of exraction experts Nicholas Gino M Jessica Hyde and mran wh who uh you hear about a lot of these things called extraction reports from cell phones and the extraction reports are done with the program called Cel Mr wiffin is someone who writes that software for Cel I anticipate you'll hear from each of their testimonies that that Google search that was done on Miss McCabe's phone was done at the same time frame that she indicates the defendant request to do it and that at 6:23 and 6:24 morning we'll hear testimony from M Roberts m m the firefighters and the responding K police officers about a repeated phraseology that the defendants stated while there asking again and again in regards to Mr O because he did today you will also hear testimony as I indicated about s of treatment that she received at Good Samaritan Medical Center and that would involve testimony of Miss Daisy orth Miss Kathleen Wilford and the Dr Gary fer hear testimony from a number of different analysts from the state Poli crime lab and from some other uh Laboratories as well um included within that will be a Mr Nicholas Roberts and M Mor hartnet Mr Andre Porto M Ashley valer and Miss Christina hen those being from the state you will hear testimony uh in [Music] regard to an incident which occurred earlier uh in January right around New Year Mr o'keef defended and the children have been invited with a much larger group approximately 70 people or so to uh spend New Years in Aruba uh this is a trip that was organized by a friend of Mr ois named Laur Sullivan hear a testimony from her as well as from her sister Miss maretta as well as you'll hear testimony from two children in relation to this and essentially day two or so of this trip uh maretta Sullivan the sister of Laura is walking through the lobby and she runs into Mr o'keef this is someone she refers to as Godfather because John o'keef is also the Godfather of Laura Sullivan's son runs into him in the lobby uh gives him a hug and sort of pointing him in the direction of of where she believes he's going his room the defendant is in the area the defendant starts yelling and screaming and swearing uh at the theant responds in kind essentially for the most part the civan sisters see very little of Mr o'keef through the remainder of their trip uh to Ru and we also hear testimony from the children that shortly after this or immediately after this uh there is a approximately 20- minute screaming match going on between Mr O and the defendant within their hotel room in front of the children now you'll also hear testimony from the defendant's phone in regard to from another individual's phone in regard to that Rubik in regard to text messages of an Amorous nature that she had with Mr Brian Higgins who was at the waterfall and also at the residence on 34 Fairview because he was friends with his homeowner Brian Albert but he was also friends with Mr o'keef and had also met defendant and throughout the course of those amor txt messages there is uh references that the defendant makes to that incident in Aruba as she purports it to be Mr oef CH she insists that he was making out with maretta suan in that lobby as opposed to her giving him a hub and makes repeated reference uh to that within the content of those text messages uh as well now you'll hear testimony from a number of different other individuals Mr Michael trod who has a supervisor role Canton Department of Public Works we'll hear from Mr Lewis jutus uh who has a supervisor role with regard to it in regard to certain video that was recovered from the town of Canton as well as from a Temple located along the route that the defendant traveled uh both away from Fair View that evening as well as to fair viw from the waterfall away from Fair View uh to Mr O's residence on meadows and then later in the morning uh at 5: because if you recall Mr M I anticipate will testify that she receives the call from the defendant about 4:53 in the morning the defendant then drives around Canton for some perceptible half hour or so period of time prior to even getting to miss mcc's and what I submit the evidence or what I anticipate the evidence will show based on sort of the tracking of her phone records testimony you'll hear from Prim to of the State Police uh from these Bly records and RT accounts uh that's the defendant while she's using her phone is uh driving in the direction of Fairview Road prior to going to Mrs house where she meets Mr C and M robs now again you'll hear testimony from a number of different Troopers who were involved in the investigation with regard to this case you'll hear from TR Michael Proctor and Sergeant Bure mechanic of the State Police uh you'll hear from Lieutenant briyan to you'll hear some testimony from Super hul he's in specialized unit within the state we is called ours for short but essentially aionion analysis and reconstruction section within the Massachusetts State Police his examination of the vehicle his examination of the scene his examination of specifically some Toyota texture because Lexus IS essentially owned by Toyota or vice versa uh so there is some data that he's able to recover from that and back the vehicle up based on its known locations and travel hey Cycles essentially anticipate Hill that around 12:45 in the morning when the vehicle was in front of the residents on Fairview that for some perceptible period of time that vehicle travels over 60 ft in Reverse at over 20 approximately 24.2 miles hour now you'll hear testimony as I said from a number of uh different uh Troopers as well as from a number of different analysts from different Labs included within that is Miss Morin Harnet of who collected items from the vehicle the defendant's vehicle including the tail light sort of housing from that vehicle pieces of the tail light that were discovered uh in to front grass and Front Street area uh there is a specialized team called C team uh you'll hear from Lieutenant Kevin o' Hara has a supervisory role in relation to that and then later on that day of the 2019 he along with Lieutenant Tully and number of different members uh from his sear team were searching for evidence within the Mounds of snow uh in front of that house lizard is still ongoing at this point through sort of the afternoon hours among the items that they locate is a sneaker when Mr o'keef is transported to the hospital he's found to only have one sneaker on his on his feet they find the other sneaker uh in that a body they find various pieces of tail light and as is want to do over the course of the following days the temperatures rise there's rainstorm that comes in and the snow melts over those successive days there are additional pieces of tail lights that are eventually discovered in that are area of the front wall in the street now from these uh different pieces it's harded is also locates a cocktail glass that's located on the bumper or the rare area of that scene and she locates a human hair on the back of that defendant vehicle as well now the cocktail blast on the bumper you'll also see uh surveillance video from the waterfall and Mr ois is observed on that surveillance video essentially walking out of the waterfall with a cocktail glass in his right hand same right hand that has minor injuries to it and the same right hand that's attached to his right arm that has the evasions and lacerations that are observed by the paramedics that are observed by the doctors that Good Samaritan and are observed by the medical examiner as well we'll hear testimony from another analyst of Christina Hanley about the forensic consistency between a drinking glass that was in the defendant bumper and the drinking glass pieces uh that were found on scene 34 you'll hear uh her testimony in regard to uh pieces of red and clear plastic that were microscopic in siid that were found within Mr O's clothing consistent in her opinion I anticipate should testify with the same pieces of plastic contained within the defense tail you'll hear from an Ashley Valor uh who works for the lab as well uh and how she fit the various pieces of broken tail light from scene together and over that tail light housing uh finding them to be consistent with each other as well you'll hear testimony from Andre Porto with got essentially DNA analyst for the left and samples that were uh DNA samples that were taken from tailight from the clothes of Mr o'keef and the broken drinking glass that were consistent with Mr o'keef those items were also sent the tail light tail light DNA was also sent to an independent lab voting Technologies located in Lon Virginia you'll hear from an analyst there Mr Nicholas Bradford indicating that the DNA on the defendant tail light his opinion is consistent with that of Mr o'keef and inconsistent with Trooper Proctor and Sergeant mecanic who the two preliminary investigators uh and primary investigators when he came to this case you'll also hear from Miss test chart from that b Laboratories in regard to some mitochondrial de that she uh examined in regard to that hair that Miss har had found on the bum of the par and her opinion that it was consistent with that of M as well lastly you'll also hear from Dr Irene Bell and Dr Renee Stonebridge of the off chief medical team in regard to their various examinations Dr Stonebridge is a neuropathologist she essentially examines brain nams Dr reell as a forensic pathologist who does the sort of autopsy and medical examination of Mr o' spot you'll hear about the variety of sort of injuries that she observed over Mr O's body from in particular you'll hear testimony in regards to El aceration the right back of his head a testimony in regard to an initial sort of skull fracture that occurs to the back of his head and then sort of radiating skull fracture that goes throughout his skull this then leads to subdural Hemorrhage or essentially bleeding on the brain and swelling of the brain which then causes a condition called ecosis which then sort of leads to the swelling of both the MST ch's eyes and is observed by the initial response you will hear various testimony about sort of issues in regard to pan how that's indicative of hypo now again as I said this is the first of two times that uh I have an opportunity to to address you directly and I thank you very much for your attention today and I than for an anticipation of your close attention as we go through all of the witnesses and all the evidence that second time that I do get to address you what I'll be asking you to do based on the evidence and again as the board has instructed you you are the sole Arbiters of The Facts of this Cas you are the ones who find what the facts I iterate that fact and what the evidence demonstrates this what I submit to you at that time that second time is that the only true and just based on that is that the defendant Karen made his guilty murder in the second degree striking the the victim is with the car knocking him back onto the ground striking his head on the ground causing the bleeding in his brain swelling and then leaving him there for several hours in ablism the temperatures in the teens wind swirling around snow piling up on his body until she comes with Mrs MC and Mrs Robins just after 6 months and as she is also guilty of vehicular manslaughter um operating under the influence of liquor and that she is also guilty of leaving the scene aftering thank you very much all right thank you Mr L Mr Dy thank you Ron M please the court Karen Reed was framed her car never struck John O'Keefe she did not caused his death and that means that somebody else did you will learn that it was no accident that joh O'Keefe was found dead on the front lawn of 34th Fair viiew Road K on January 29th of 2022 you will learn that at that address lived a wellknown and well-connected law enforcement family in can the Alberts because the Alberts were involved and because they had close connections to the investigators in this case Karen Reed was framed for a murder she did not commit [Music] good morning again ladies and gentlemen as I previously told you my name is David yti I'm an attorney with an office in Boston together with attorneys Alan Jackson and Elizabeth little is truly my privilege and my honor to represent Karen Reed during this trial from a very early juncture in this case you will question the Commonwealth's theory of the case you will question the quality of the Commonwealth's evidence you will question the veracity of the Commonwealth's Witnesses and you will question their shoddy and biased investigation a faulty investigation that led to Karen Reed sitting here today you will learn in short that the police did no real investigation of this case and you will question why you will question why the investigators had such tunnel vision you will question why they focused solely on Karen Reed someone with no ties to the Canton Police Department as opposed to the well-known and well-connected Albert family of Ken family that was never treated as suspects by the investigators in this case Boston police officer John O'Keefe was found mortally injured on Brian Albert's front lawn his body was in full View and almost right below Brian Albert's bedroom window on his front lawn he's found wearing only one sneaker you'll learned that Brian Albert was a Boston police officer as well and that he was a trained first responder Brian Albert was notified that another police officer was in injured and unresponsive on his front lawn and Brian Albert did nothing his sister-in-law Jennifer McCade and other civilians were on his property that morning after John O's body was found police EMTs firefighters police cruises an ambulance fir truck lights flashing and first responder Brian Albert never came out of his house equally important to you will be the fact that the lead homicide investigators never went inside the Albert home that you will learn that Brian Albert's brother Kevin Albert is a Canton police officer it was obvious very early on that the Canton police should not be investigating the death of a man found on the property of the brother of a Canton police officer so it was was decided just about from the start that the Massachusetts State Police should take complete control of this investigation because the Canton police were conflicted out now that sounded good at the time but you'll learn that two major problems arose first despite the fact that they obviously had a conflict of interest the evidence will show that the Canton Police still had their hands in in this investigation you will find it astounding a Canton police officer Kevin Albert the reason for the conflict of interest in the first place was continually updated about the status of this investigation while it was going on second and equally troubling is that the lead State detect State Police detect Ive who was assigned to this case was a man named Michael proor Michael Proctor you will learn is one of the many people in Canton with deep ties to the Albert family Michael Proctor's own mother refers to the Alberts as the Proctor's second family his own sister's wedding Michael Proctor was in a wedding party with Colin Albert and he sat at the head table of that wedding with members of the Albert family that's the man who was chosen to leave the investigation into the suspicious death on the property of Brian Albert that's the man who gave updates to Canton police officer Kevin Albert while the state police were supposed to be investigating what had occurred at his brother Brian Albert's house you'll learn that right from the jump Michael Proctor predetermined the outcome of this case never stepped foot inside the Albert home on January 29th 2022 never checked out whether there were any signs of struggle inside that home he never called for Crime Scene technicians and other Specialists to look for blood or other trace evidence within the home he never asked Brian Albert for permission to go in the home and take a look around Michael proon never replied for a search warn to go in that home instead he focused immediately and exclusively on Karen Reed The Outsider you will learn that no one in the proa family has ever called the Reed family their second family no one in the proor family had been in a wedding party with anyone from the Reed family Caren Reed was a convenient Outsider she was most definitely not from from Ken but how did Michael proa feel about her how did he treat somebody he was investigating at a point in time when he should have been keeping an open mind focusing on obtaining all possible evidence so that he didn't miss anything well you will learn that on the very day that Jal K was found dead on Brian Albert's lawn Michael Proctor was texting with his high school buddies about this supposedly Secret investigation using his personal cell phone he was revealing information about this investigation to his friends assuming that nobody would ever find out what he was doing and what he was saying and he was revealing his true thoughts about Karen Reed to his friends not what he put in his sanitized police reports his true feelings to his friends whom he trusted and in text messages that he never thought would come into the hands of the defense in this case lead investigator Trooper Michael Proctor right from the start called Karen Reed names you would Reserve only for your worst enemies he told his friends that he hoped that she would kill herself he told his friends that he had seized her cell phone and you will learn that he knew he shouldn't have been accessing any content on her cell phone because he knew they would likely the attorney client Communications on between Karen and me at that time he knew that he was supposed to wait for a search warrant or other permission from a judge in order to go through that phone but you'll learn that he went through the phone anyway without permission and you'll know that he did because he told his high school that he was searching her phone for nude photos of Karen Reed and he was disappointed he hadn't found any yet that is the professional and unbiased investigator who was chosen to lead the investigation into the death of John o'keef you will learn that one of Michael Proctor's high school friends commented to him that with a dead body on the front lawn the homeowner in this case is surely going to catch a lot of grief and do you know what Michael Proctor's response to that was one word nope and he explained why Michael Proctor assured his buddies that the homeowner would not catch a lot of grief because quote the homeowners of Boston cop to and that one sentence ladies and gentlemen m in Michael Pro's own words will explain a lot to you about how this investigation was conducted you will be able to evaluate whether Trooper Michael Proctor treated Brian Albert and his family differently because of who they are and their relationships between his family and theirs you will evaluate whether this investigation was on the up and up you will decide as a result how valuable or worthless the prosecu 's DNA evidence is or is not in light of who controlled that evidence you will learn that Michael Proctor's fingerprints are figuratively all over this case his fingerprints are all over the Commonwealth's evidence you will learn that Michael Proctor showed up at Karen Reed's parents house in Dion to interview her during the afternoon of January 29th only hours after John O's body was found dead on Brian Albert's front lawn you'll learn that Michael Proctor had her Lexus SUV Toad from her parents home but you'll also learn that he wrote a search war in which he falsified the time and he took that as he swore under oath that the vehicle wasn't towed until 5:30 p.m. but you'll learn that we obtain surveillance footage and he didn't know we would get and that surveillance footage exposed that Michael Proctor's words in that sworn affidavit were a lie Michael Proctor had that vehicle for about 90 minutes before he claimed to have taken and folks you will learn that the timing is important very important because when John O'Keefe was first found on Brian Albert's front lawn the police thorough searched that uh yard for potential evidence and it wasn't just one officer or two or three there were at least four officers that searched that front line and that morning was the beginning of a snowstorm but there wasn't yet much snow on the ground when they were searching that mall it was light out by the time they did the search and it was getting lighter and during that thorough search of Brian Albert's front lawn the number of pieces of tail that were found by a minimum of four officers looking for evidence was Zero it was only later in the day when the snow was really starting to accumulate that the police miraculously started to find pieces of tail light on the property the police only started to find pieces of tail light after Michael Proctor had seized c re's car they only started to find pieces of tail light after Michael Proctor had possession of her tail you'll learn that Trooper Michael Proctor then kept going back to the Albert residents after that day and he claims to have kept finding pieces of tail light on multiple occasions on multiple different days and in addition a good week after John O'Keefe's death Canton police chief Kenneth burkwitz an older officer on the brink of retirement with probably not the best eyesight someone uh he supposedly was driving uh happened to be driving past Brian Albert's house and uh by the way Brian Albert is someone with whom Chief Burt is also few friends and this older man allegedly spotted yet another piece of tail light from his moving vehicle this was yet another piece of tailight that was somehow missed by the train Specialists who had previously and thoroughly searched the property another piece of tail light that Proctor supposedly missed in the many times he went back to the um and uh Michael proit claims that he kept finding pieces of taill light right up until February 18th of 2022 which was nearly 3 weeks after John O was found dead on Brian Albert's you will learn that there is no confident evidence that Karen Reed's tail light shattered at Brian Albert's property in the early morning hours of January 29th of 202 to to the contrary you'll learn that when Karen left John at Brian Albert's house she drove back to John's house on Meadows a across town in C at John's home where he lived with his two adopted children Karen was drifting in and out of sleep but she woke up for good in a panic sometime around 4 a.m. because John hadn't come home and that was not like him at all he had never done that before Karen had a sinking feeling that something was wrong something was seriously wrong so she got back into her Alexus she backed up out of the garage to leave the driveway and when she did the right rear tail light of her Lexus struck John's parked vehicle in the driveway and her tail light cracked that was the same tail light that the prosecution now claims was broken outside the Albert residence hours earlier at 12:30 a.m. but we have video evidence that the tail light was actually broken at 5 a.m. many hours after the prosecution needs that tail light to have been broken there is of course no video of the tailight being broken at Brian Albert's house you will eventually conclude clude that that's because the tail light was not broken there importantly you will learn that there was an eyewitness who arrived at 34th Fairview after Karen got there with John O'Keefe in the early morning hours of January 29th and that eyewitness Brian Nagel who's the brother of Julie Nagel who was at the after hours party that night he had a clear view of Karen's SUV Ryan Nagel confirms that there was no damage to her tail light at that time Karen was sitting in the driver's seat with her hands at 10 and 2 and Ryan Nagel confirms that while Karen was inside the car John O'Keefe was not John O'Keefe was also not outside the car at that time you will ultimately conclude there's only one other place you could have been now going back to that 500 a.m. video from John's driveway you will see Karen back up her Lexus and strike John's car at about 5:00 a.m. when she was leaving John's house to go out to look for him and you will know that she struck his car at 5:00 a.m. because you will watch that video closely you will witness that the wheels and the hubcaps on John's Car are jostled and moved by Karen's SUV and you will conclude that that video depicts exactly when Karen's tail light was cracked long after she dropped off John at night at 3430 and you will learn that part of the reason that Karen's Lexus hit John's car was that Karen was panicked at that time where is John why didn't he come home what happened to him and you will learn that she was rcking her brain for what possibly could have happened like many of us was worried about the worst did did I hit him could I have hit him that was what she was saying both to herself and to other people later that morning when she went back to 34 fairy couldn't think of anything else that made sense she certainly didn't consider in a million years that someone from within the Albert home could have beaten up John and left him to die on the front lawn now that was over two years ago Karen didn't know then what you will learn during this trial K didn't know that Brian Albert's sister-in-law Jennifer mccave left the after hours party at Brian Albert's house sometime after Karen pulled away she didn't know that after Jennifer mcab dropped off some people elsewhere she returned to her own home Karen didn't know that Jenner from the Cade climbed some stairs in her home and eventually made it into her bedroom with her cell phone Karen didn't know know that Jennifer McCade settled in at 2:27 in the morning on January 29th 2022 and typed a Google search that she would later delete 227 in the morning was over 3 hours before John O'Keefe's body was found on Brian Albert's lawn 227 was over 3 hours before anyone knew or suspected that John o'keef was missing or hurt or in trouble and at 2:27 in the morning you will learn that with no one watching her thinking she was alone with her thoughts and not worrying that anyone would know what she was doing Jennifer mccab typed in the following Google search how long did die in the cold now she misspelled the first word so the actual search was H long to die in the cold but you'll get the point you will ask yourself why would somebody Google how long does it take for someone to die in the cold unless that person knew someone who either was in that situation or would be in that situation you will question during this trial who was it who actually did die in the cold at some point that night sometime after Jen mccab was asking Google for an answer to her question and you'll learn that the answer to that question was John o' the medical examiner in this case will testify that one of the causes of John o' kee's death was hypothermia John o'keef died in part because he was left to die in the court now the Commonwealth will try to dispute the timing of that Google search they'll try to claim that there were only two Google searches at 623 and 6:24 a.m. after John's body was found but one problem for the Commonwealth will be that we have retained Richard green one of the leading computer forensic experts in the country Rick green has forensically analyzed Jennifer mcc's phone both manually and using every appropriate type of computer software to solve this issue M green will confirm for you that Jennifer mccab did indeed make that search at 2:27 a.m. and another problem for the common well is that you will hear and see other evidence that will confirm confirm that Jennifer mccab is lying when she denies making that Google search at 227 a.m. you will conclude that before she went to bed if she went to bed that night Jennifer mccab wanted to know just how long it would take for someone to die in the cold and a big question in this trial for you will be when was John o'keef left to die in the cold I expect the Commonwealth will try to persuade you that he was left there sometime around 12:30 a.m. because they're going to try to prove to you that Karen Reed hit him and that his body stayed there the entire night until First Responders arrived at 6:00 a.m. and his body was taken to the hospital but you will learn that there are big problems with the Kells theory of this case you will learn that there were six people at that after hours party at Brian Albert's house all of whom left by the front door and would have been confronted by John o' kei's lifeless body on that lawn if he was actually there at that time those six people walked out the front door the 34 Fairview walked to their cars either in the driveway or parked in front of the house Brian Albert's sister-in-law Jennifer mccab was there her husband Matthew mccab was there ATF federal agent Brian Higgins was there there who was also Brian Albert's friend Sarah levenson a friend of Brian Albert Jr was there Julie Nagel another friend of Brian Albert Jr was there and Caitlyn Albert Brian Albert's daughter was also there all of them leaving the residents each of those people left 34th fair viiew in Canton for Brian Albert live each of them walked out facing the front lawn where the Commonwealth will tell you at a 6'2 nearly 220 lb big man in dark clothing was sprawled on the front lawn when there was only a dusting of white snow on the ground he supposedly sprawled on that lawn just feet from where these people were walking when they left the residence and you will learn that not one of these people saw j o keep Lane not one and you know who else saw no one laying outside in the early morning hours of January 29th the snowplow driver in charge of plowing the street for the city of Kim and this is another big problem for the Commonwealth you will learn that Michael Proctor here's that name again wrote a report where he claimed that the DPW superviser had told him that Fairview r Road had not been plowed that night doctor's total investigation on this issue consisted of one phone call and no followup he just submitted his report that simply said the road hadn't been plowed that night and perhaps thinking that no one else would follow up either but you'll learn that when it came to finding out the truth it's not that proor couldn't find the truth it's that he wouldn't unfortunately you'll learn that we would and we did you'll learned that within weeks after January 29th we sent our investigator a former Medford Police Officer named Paul Makowski to the Canton DPW to try to get to the bottom of this Paul Makowski talked to the same supervisor at the DPW a man named Michael trod whom Proctor claimed had told him that the street hadn't been plowed that you'll learn that Paul Makowski found out that Michael Proctor was not telling the truth you'll learn that Michael TR from the DPW told Paul Makowski our investigator that the street was indeed plowed that night and that the name of the plow driver was Brian laughren so Paul Makowski Tracked Down Brian laugh he asked Mr laughren if the state police or any investigators had ever spoken to him and the answer came back no you will then learn what Brian laughren had to say about what he saw and didn't see that night and you will be shocked Brian laughren told Paul mosy that he was driving a big snowplow in Canton that night you'll learn that the nickname for it at the DPW was Frankenstein because it had a lot of spare parts and it had been around forever Brian laughren told Paul Makowski that when he plows the streets of Canton in Frankenstein he's very careful he makes sure to check not only the roads in front of him but also the yards to the side of his clot he makes sure not to hit a fire hydrant or a tree or an animal or heav forbid a person lying in the snow he's always on the lookout you'll learn that Brian laughren passed by 34 Fairview in his plow traveling right by Brian Albert's front lawn at 2:30 in the morning you'll learn that Brian Lin confirms that at about 2:30 when he went by that house John o'keef was not on that front lawn so you'll learn that about two hours after the Commonwealth claims that Karen Reed somehow incapacitated John o'keef an eyewitness confirms that not only could it not have happened but it didn't happen but you'll learn that Brian laern also provides some other troubling testimony for the common you'll learn that after making that pass at 2:30 in the morning and seeing no body he showed up again at the entrance to Fair View Road intending to make another pass down it with his plot this time however at about 3:30 in the morning he looked down the street and he saw that parked right next to Brian Albert's front lawn right in the very area where John O'Keefe's body was later found at 6:00 a.m. Brian Laughin saw a Ford Edge parked on the side of the road you will learn that the police have done zero investigation to discover whose Ford Edge that was you'll learn that members of the Albert family drove Ford edges you'll learn that the police to this day claim not to know who was parked right next to the area where jno Keef's body was later found you will learn that while investigators on this case including Michael frock completely ignored the snowplow driver who went right by the Albert residence the defense not only tracked him down and interviewed him but the cloud driver actually took our investigator on a ride back past the residents to explain the precise route that he had taken on January 29th you'll learn that some other curious things were going on in the early morning hours of January 29 curious things that the police in this case utterly failed to investigate for example after people left the after hours party at Brian Albert's house on January 29th Brian Albert claimed that he had no contact with anyone but his wife until he was woken up in the morning but you will learn that he was ultimately confronted by the fact that his phone records revealed that he had actually placed a phone call to ATF agent Brian Higgins his friend the same friend who had been at his house earlier that night and that was at 2:22 in the morning you'll learn that Brian Higgins called him back 17 seconds later and they connected 22 seconds on their cell phones you'll be asked to consider just how long 22 seconds is and what could be said and discussed during that long of a phone call you will consider that phone call in the context of the other curious things that were going on during the early morning hours of January 29th you will learn about the following in chronological order 2:12 a.m. Jennifer mccab arrives at her home 2:22 a.m. Brian Albert calls Brian Higgins 2:22 a.m. 17 seconds later Higgins calls him back and Brian Albert and Brian Higgins are on the phone together for 22 seconds 2:23 a.m. Jennifer MBE climbs the stairs to her bedroom 2:27 a.m. Jennifer mccave searches on Google along to die in the cold 2:30 a.m. Cloud driver Brian laugh confirms there was no body on Brian Albert's front line 3:30 a.m. Brian Brian laughren confirms that a Ford Edge was parked right where Brian where John oi's body was later found the Cel will not be able to successfully dispute any of those facts that I expect that they will persist in asking you to convict Karen Reed anyway you will learn that there are other major problems with the comms Theory you'll learn that when John o'keef was found he did not look like he had been hit by a car you'll learn that he looked to have been attacked and beaten up you'll learn that John O'Keefe was a large 6'2 man who if positioned behind Al Lexus SUV would have had his torso completely exposed to the rear of that vehicle including to the tail light you'll learn that no part of his torso was injured there was no bruising no reges no scratches no punctures you'll learn that his chest and hips and legs were pristine despite the kol's contention that he was hit by a 6,000 lb vehicle the evidence will show that what was not pristine was his right arm you will take one look at that arm and you will conclude that a card did not cause those injuries the injuries to John O'Keefe's arm appear to be consistent with scratch marks and claw marks marks that make it look as though an animal had attacked his arm but you won't have to rely just on your common sense when you look at those photos you'll hear from expert forensic pathologist who was world renowned who has personally conducted thousands of autopsies and he will testify that those marks are consistent with scratch and claw marks and bite marks from an animal including a German sheer you'll learn that on January 29th of 2022 Brian Albert's family dog Chloe was a German Shepherd you'll learn that Brian Albert has admitted that this dog is not good around strangers you'll learn that on January 29th of 2022 John O'Keefe would have been a stranger to that dog and you'll learn that Chloe had been the beloved family dog for the Alberts for seven years the Albert family loved Chloe strangely as we discuss this dog today the Albert family doesn't have its beloved Chloe anymore you'll learn that Brian Albert was called to testify before the grand jury regarding this matter in April of 2022 and that he did testify about his German Shepherd Chloe during that grand jury testimony and you'll learn that not long after that testimony Brian Albert and his family rehomed their beloved family dog they gave away their family do and Chloe the German Shepherd is therefore now gone now the Commonwealth will try to take your attention away from all of these troubling facts and try to persuade you not to consider their shocking lack of Investigation of anyone else not to consider John O'Keefe's injuries not to consider the fact that multiple people left the residence and saw no body not to consider the fact that the snowcloud driver was specifically looking at 2:30 a.m. and there was nobody there not to consider the fact that two people in the house were communicating at 2:22 a.m. but denied speaking to each other for 22 seconds and not to consider the fact that one of their Witnesses who was also present at the home was unusually curious at 2:27 a.m. about how long it would take for someone to die in the cold Commonwealth will Instead try to persuade you that Karen Reed supposed had a motive to kill John o'keef because they were not getting along you'll hear about their trip to Aruba over New Year's Eve and that Karen was upset that John had been flirting with another woman and you will hear that Karen considered exploring her options after that trip which led her to a get together at one point with ATF federal agent Brian Higgins although that never went anywhere but you'll also hear that in January of 2022 after the Aruba trip and not long before January 28th and 29th John o'keef was making long-term plans with Karen including a family trip with her and the kids and also another trip with Karen and another couple for months into the future and you'll see video of how John and Karen were interacting on the night in question you'll see for yourself how they look with each other from the video at the waterfall that night nobody who saw them that night saw anything wrong there was nothing wrong I mean like any couples occasionally they would bicker or disagree but you will hear zero evidence of any domestic violence in that home whatsoever John never raised a hand in anger toward Karen and Karen never raised a hand in anger toward John that simply wasn't who they are you will conclude the notion that Karen Reed chose the start of a snowstorm to suddenly become violent out of the blue for the first time and intentionally killed her boyfriend by hitting him with her car and leaving him there with a household of people inside is patently ridiculous you will also learn that what's not ridiculous is that someone not Karen Reed ambushed John somebody probably didn't mean to kill him but somebody went too far you'll learn that Trooper Proctor failed to investigate motives that other people had to harm John oi you learn that Proctor failed to investigate anything or anyone who was in the Albert residence that night you learn that he failed to investigate the antagonistic relationship between members of the Albert family and John o'i you'll learn that apparently nobody investigates the Albert family of Canton remember on day one Trooper Proctor was asked whether the homeowner ran Albert would catch a lot of grief and Trooper Proctor himself said it nope homeowners of Boston cop too so folks the trial is now about to start and the witnesses about are about to start testifying on behalf of Karen Reed I ask that you do two things during this trial first I ask that you pay attention to all all of the evidence the way trials works the prosecution gets to present its case first they conduct their direct examinations first so we respectfully ask that you wait for us we will get to cross-examine their Witnesses and you will find that cross-examination is the key that unlocks the truth wait for us we'll be glad that you did second I ask that you keep your eye on the ball you have one job and one job only to do during this trial and that job quite frankly is not to solve this case your only job during this trial is to determine whether the Commonwealth the prosecution has proven to you each and every element of the crimes they have charged Beyond A Reasonable Doubt to a moral certainty the prosecution will fail to prove this case to a moral certainty they will fail to prove this case Beyond a reasonable doubt you will reasonably doubt their case because their theory of the case does not make sense you will reasonably doubt their case because Karen Reed was framed and the evidence shows that despite the fact that the police never ever investigated that angle of this case at all because the prosecution will not prove their case Beyond A Reasonable Doubt to a moral certainty we will stand before you again at the end of this trial and ask that you find har re not kilty all right thank you very much Mr tetti may we appr you at sidebar [Music] yes e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e back session you may seated all right jurors uh we're about to begin the evidence in this case and I remind you I defined for you what the evidence is and what isn't evidence please remember that the opening statements of lawyers are not evidence you're about to hear the evidence starting now so Mr L your first witness please yes the call to call Mr Paul o Keith to the stand okay [Music] [Music] the evence should give the court and jury in the case down hearing the truth the whole truth and nothing but the truth so help you God yes I do thank you you may take the stand put this one [Music] down anytime you're ready Mr Tali uh good afternoon sir good afternoon could you uh please state your name and spell your last name for the way Paulo Keefe last name O Apostrophe capital k e e f and uh where do you live sir I live in West Bridgewater Massachusetts and how long have you lived there uh 10 years and who if anyone do you live there with my wife Aaron are uh two children and how old are you children uh 13 and 10 and both daughters is that correct correct and how long have you and your wife been uh together 24 years total uh married for 17 almost what is your wife's name Aaron and where did you go about uh brain tree Massachusetts and um what are your parents names uh my father is John mother is Margaret and uh did you have any siblings uh two yes um my sister Kristen and uh excuse me brother John and uh what was sort of the the order and age as far as the siblings uh my sister was the oldest um my brother was the middle uh I'm the youngest so my sister was 5 years older than me and my brother was three and a half years older than me and uh do you work sir I do what do you do for work uh I'm in sales uh for a company Simmons Industries which is a manufacturer of U Plumbing products how long have you been doing that um 12 12 years now does uh does your wife work as well she does what does she do um she's in marketing she works for uh mechanical contractor uh out of Randolph about how long has she been doing that she's been with her company for uh a year and a half now before that um she had a a job in working out of Boston for about 13 years and uh your brother John um did you call him John or was there other like a nickname or anything else that you refer to him I mean we all called him Johnny especially if you're a family and um what did what did Johnny do for uh Boston police how long was he a member of the Boston police 16 years and within the Boston police where specifically did he sort of work uh he started in hide Park matapan area uh which I believe is E18 and transferred over to Dorchester which is C11 um and then um downtown Boston for the uh in the store unit which is the sex offender registry unit and when was it about that he started with the sex Defender registry so after uh my sister had passed away in 2013 uh her husband passed away two months after that um my [Music] brother he took on responsibility of raising uh our niece and nephew um and so the Boston police you know to ensure that he was safe and protected um moved him to that unit in 2014 and um I'm sorry to ask you this but but you're your sister passed away in 2013 is that correct correct and uh what did your sister Kristen pass away from um she had an aggressive brain tumor which is called gleo blastoma and about how much time was it between the time that she sort of received the diagnosis uh five and a half months and so you mentioned that you had a brother-in-law Kristen's husband is that correct correct Steven furbush yes and uh when was it that he passed in relation to uh two months later which was January 12th 2014 and uh they and by they I mean Kristen and Stephen furbush they had two two children is that correct yes two children uh Kaylee and Patrick which one is old kayle's the uh older Patrick's a couple years younger than our about 3 years how old are they now uh Kaylee is 16 and Patrick is [Music] 13 and you mentioned um so initially when your your sister Kristen passed away um what was sort of the the family's plan as far as um alien Patrick were concerned um can you repeat that sure so initially when your sister Kristen passed away and her husband Stephen was still alive what was sort of the initial plan as far as with reference to the children um we were kind of in scramble mode to figure out you know how we going to move forward um my wife and I talked about having the kids come live with us we had two small children at the time um three and 8 months were uh my children um we didn't have a you know large enough house to take on two other children so my brother um stepped in moved into the house in Canton and and raised them for 8 years and so around this time of 2013 uh your sister Kristen and and her husband Stephen's children about how old were they at this time that that Johnny sort of took over Kaye was Kaye was six Patrick was three now [Music] um when your brother Johnny uh sort of U what if any sort of legal relationship did he have to to your niece and nephew Kay uh he was made a legal guardian and uh where did where did he move from and where did he move to when he assume that so he was living in uh Dorchester u in a condo um he was living by himself so he pretty much moved into my sister and brother-in-law's house in Canton um lived there for I want to say four years until um sold the house and bought a different house uh which is also located in Kenton now the initial house uh that your sister Kristen and her husband Stephen lived in with with kayy and Patrick about how long had they been living there before before your brother Johnny moved in um they were probably there for five or six years prior to that where where had um your sister Kristen and and either of the children lived prior to moving into that house yeah so they uh Kristen and Steve actually moved in with Johnny um and doorchester when Kaylee was just a baby uh lived with him for uh approximately a year before they bought their home in Canton [Music] um now about you mentioned that at some point uh your brother bought a second house in Canon moved in there with the kids is that right correct around around what time was that I want to say 2017 or 2018 time frame um and they live there up and through sort of January 28th 29th of 20 20 22 is that correct [Music] correct now around that particular time of of January 2022 um about how often uh did you see your brother Johnny and and kids killing uh I would say probably every other week twice a month and your brother in particular how often would you communicate with him during that time uh communicate regularly um mostly through text messaging um you know a couple days a week I would [Music] say now over the course of time in said about eight years or so that that Johnny had sort of custody of Ken Pat correct correct and uh over that course of of time uh about how many um relationships and well let me let me phrase this question first about how many long-term relationships uh did your brother Johnny have with women over the course of that time and and before you get to that if I could just ask you what your definition of of long-term relationship uh long-term relationship is you know over a year and so how many of of those types of of dating relationships that lasted for at least a year uh did did the brother have during that time that he had the kids two and uh who were those two individuals um Amy Amy Fortney and uh Karen Reed and uh this other individual Amy uh went about was it that that your brother dated her uh 2016 2017 time frame I think and did this other woman that he dated named Amy did she have children of R yeah she had uh two sons now you mentioned two so other than the name who who was the other one uh her two sons names are uh Gabriel and Christian no I'm sorry oh I'm sorry in reference to you mentioned two women that your brother had dated for a long-term period correct yes correct and one of them was the woman Amy that you were just speaking about correct correct okay and who was the second one Karen Reed and is Karen Reed someone that you had met through the course of your brother dating her yes this clear for the record do you see Miss Reed in the courtroom today could you identify as to where she seated or an article of clothing that she yep she is seated right there U between Mr yannetti and Mr Jackson ask a record reflect identification of the defendant by the witness no protction yes no Mr oef when was it that you first uh met [Music] Karen I believe it was Mother's Day um so maybe May of 20 2020 now prior to that uh were you aware of any other time uh when Miss Reed and your brother Johnny had dated in the past they dated uh very briefly in 2004 and had you had occasion to to meet her during that brief period where they dated in 2004 I did not meet her back then no and so the first time you met her would have been sometime in the spring of 2020 correct correct and what was your understanding as far as uh when they had reconnected or gotten back together uh in reference to when you met her they uh reconnected I believe my brother reached out to her um in March of 2020 um right at the beginning of co uh I think he reached out to her via uh Facebook messenger and then um you know text and they resumed some kind of relationship and you had occasion to uh to meet or see Karen Reed over the course of of hang out with your brother at various occasions correct correct yep now about how often would you see Miss Reed would it be the same more or less than than when you saw your um almost the same maybe a little less if you know if my brother was just it was just him and I are his friends but uh for the most part um he was with Karen and as far as your understanding what was sort of the um living arrangements uh with regard to miss Reed and and your book she has her own home in Mansfield Massachusetts um she would stay at my brother's house in Canton I would say three maybe four nights a week and that would be at your brother's house with both he and and your niece and nephew correct correct now with regard to you mentioned that they reconnected sometime around the covid-19 pandemic is that correct uh yes correct and with regard to uh your brother and uh the defendant Miss Reed and the children what was sort of going on as far as as far as school and work with regard to the pandemic with regard to each of so that was a a period of time when um schools were closed and kids had to do remote learning so kayy and Patrick were both at home um remote learning and my brother um you know didn't have a job where he can work remote so he had to go into the office and uh most of the time Karen would be at home with the kids during the day while she worked remotely now you mentioned uh earlier that your your brother had a a legal guardianship role with regard to the children correct correct yes what if any legal status or role did the defendant have with regard to the children she didn't have [Music] any now with regard to uh your brother and the defendant's relationship uh what if any conversations uh did you have with your brother in regard to status of their relationship or any issues in their relationship he didn't say too much um if they were arguing you know he might you know give reference that they were arguing didn't really tell me what they were arguing about but um mostly kept that stuff to himself um what if anything did he mention to you as far as reasons for an argument or sort of points of contention he didn't like um you know if she' spend a lot of money on the kids for gifts or you know um I know there was some arguments over um you know what she she fed them whether it's you know Dunkin Donuts or or or whatnot but those things along those lines [Applause] [Music] now what if any uh sort of um what if on what if any occasions uh as far as their arguing or anything like that Did You observe personally yourself yeah I witnessed uh so they had rented um a house down in Cape Cod say that was um the summer of 2021 um I brought my two daughters down um for a couple nights and uh I witnessed uh you know one intense um fight um between the two of them and as far as a fight as you're characterizing that was that anything physical or just verbal no it was a verbal verbal argument and uh what if anything was that verbal argument about H it's hard to recall I mean you know I guess like typical couples fighting there was um alcohol had had been involved um I recall her complaining that you know he wasn't nice to her you know something to that effect and um I was kind of the referee in that uh entire situation now when you make reference to alcohol involved is that one or both or uh both both your brother and the defend correct now if I could turn your attention to um New Year's uh and specifically New Year's Eve going from um 20121 into 2022 you recall that time I do and do you recall where you and your family were uh for that sort of New Year celebration yeah so I was uh with uh my wife and her family uh we went to Aruba uh the day after Christmas uh in celebration of um my wife's Mother's uh 70th [Music] birthday Mr does it make sense that I give an instruction at this point um I'm going to see council at Side by oh e e [Music] sorry okay um so during that New Year's Eve you were in Aruba uh for your wife's Mother's 70th birthday correct correct and uh was your brother Donnie was he also in a Ruba around that same time Frank yes and your Resort and your brother's Resorts where were they in relation to each other um they were pretty much on opposite sides of the island and uh at any point in time when you were in AR Ruba did you see your brother uh at any point uh unfortunately we did not now you mentioned that you were there with your wife and your children is that correct okay do you know who your brother was in Aruba with around that same time uh he was with Karen Reed and brought the kids so Kay and Patrick were with him um they're also with a large group um many other couples and families you know who was sort of the primary organizer of of that group that your brother was with yes uh a friend of ours um laa suvin and how did you know Laura S I knew Laura um through my brother um she had um dated um my brother's um partner and one of his best friends um Pat Rogers and uh did Miss Sullivan and Mr Rogers have a child together yes and a boy and at some point did Mr Rogers pass away yes what was sort of the relationship between your brother and Miss Sullivan in relation to Mr rogers's child uh Johnny was uh so she has uh son Benjamin who Johnny is uh Godfather to and sort of towards the end of your stay in Aruba um with regard to the pandemic what if anything happened uh to you or any other member of the family so my older daughter um tested positive for covid um so her and I kind of got left behind stayed for an extra three four days I believe [Music] so after you returned uh from Aruba uh at some point uh were you and your brother trying to to make plans to connect or or to to hang out or see each other at some point in January 2022 uh yes we were actually planning on uh getting together on January 29th and do you recall what day of the week that was that was a Saturday and why was it Saturday why were you sort of targeting Saturday as a new Point weekend no work um kids didn't really have much on the schedule by that you mean your kids as well as correct yes and then what if anything uh occurred with reference to those plans as far as them coming to a fruition or uh big snow storm hit um the area and um you know we said it's probably better if we just stay home and off the roads so we kind of canceled um getting together the day before so can so initially had a meeting for the 29th but canceled it the day before on the 28th correct so this snowstorm that you were talking about that was coming in is that something that you and and your brother were aware of Prior uh prior to that day at happened yes and was that something you learned of where did you learn about that uh in the news so sort of all over the news as I Fair correct yes and as far as um any did either you your children or or John's uh children for lack of a better term nie and nephew were there any sort of planned activities for that day that got canceled because of the weather or no um on that Saturday the 29th um I mean I think everything was pretty much canceled I don't know anything specific we had um I mean uh my daughters had basketball on Friday night the night before but we didn't really have any plans uh for the children on Saturday now turning your attention to that that day of the 20 28th so the day before that that was a Friday is that correct yes correct and uh you mentioned that your daughters had basketball uh that evening is that correct correct and what if any role do you have in in regard to your daughter's basket I coach uh I coached both of their teams and so you coached two games that Friday night correct and about what time do you know that you if you know did you sort of get home from all of that first game was at 6 second game was at 7:15 so we got home 8:30ish and uh your wife was with you at both of your daughter's games correct and when you got home had it the snow that had been predicted had it had it started at that point where you were uh I I noticed uh the first flurries um somewhere sometime between 10:30 and 11 p.m. and uh if you know approximately what time did you did you go to bed then uh right around probably midnight and uh your wife Aaron did she go to bed same time as you I think she went to bed a little before me yes now earlier in that day that Friday the 28th uh what if any conversation by any means did you did you have with your brother John my last communication with him was uh on a group text exchange um that included myself um Karen Reed and my mother and he was um excited because uh our niece Kaylee had gotten accepted to U Bishop fan High School um so he was he was happy proud proud dad moment and then um you know Patrick's National math scores came back and he scored extremely high so he was uh extremely proud of Patrick uh that day as well we had sort of sent your brother John and sort of sent that to the Group which included yourself your mother and and Miss Reed correct and um your niece kayy as far as uh what what grade was she in and what grade was she going into as far as that application to yeah so she was uh 8th grade going into n9th freshman you're in high school now you go to bed uh at some point um in the evening of the 28th and you woke up on the 29th do you recall what what woke you up on that morning yes my mother called me at 6:40 a.m. is that something typical no um she called um and just said something happened to your brother uh they found him in the snow and they took him to to the hospital and which hospital was it good Samaritan in Brockton Massachusetts and at that point did you or what if any other sort of information did you have as to what had happened to you I really didn't know much um until I got to the hospital um while I was at the hospital U my cousin Works uh 911 dispatch so she came down cuz she had heard um and the only thing I was able to get was that you know he was cold and they needed to warm him up but uh didn't have much information other than that so you get that information from your cousin when you get to the hospital correct correct that cousin what was what was her name uh Susanna Hensley if I could take you back to just prior so you initially get the phone call from your mother pege is that correct correct that's about 6:40 in the morning correct and um wife Aaron is with you at that time is that correct correct and so you get that call and sort of what is it what is it that you do or sort of how quickly are you out the door I jumped out of bed got changed brushed my teeth and I was out the door and uh you drove uh from your house to to work yes I drove uh myself from my house to the hospital good Samaran hospital and what kind of car did you have at that point if you know um a Toyota 4Runner that's a SUV that's an S SUV yes what what color was that black and as far as the road conditions visibility sort of when you're driving from West Bridgewater to Brockton what if anything did You observe as far as how the road uh the driving was very poor that morning um and just continued to get worse throughout the day so it took me um longer than usual um than it typically would to drive that distance now as far as your parents were concerned um did they come to the Good Samaritan hospital as well yes our friend uh Carrie Roberts picked them up in brain Frey and brought them to the hospital in Brockton and when you say your friend Carrie Roberts how how do you know Carrie Roberts so we grew up in brain Tre uh she grew up in brain as well um two years older than me um knew my brother um they actually they went to homecoming together one year um and she also resides in [Music] Canton so she was someone who had grown up with you and your brother was friends with you and also friends with your brother correct correct now as far as your arrival at the Good Samaritan um who arrived first was it you your parents or something else I got there first and about how long was it if you know between the time that you got there and the time that your parents arrived there with probably about 45 and when you arrived at the Good Samaritan Medical Center where within the facility Did you sort of go uh emergency room waiting area Lobby and at some point did you after your parents arrived uh did you move from from the waiting room area to somewhere else within the hospital so when my parents arrived um they brought us you know in the double doors into like a little family sitting room and about how long was it that you were in the family sitting room before you went somewhere so we were in that waiting room um doctor and nurse came in um and told us that um all their efforts to saved my brother um were unsuccessful and that he had passed away and then um asked if we wanted to go see him and which we said yes so we left that room and walked uh down the hallway to his hospital room and that doctor you spoke to did you recall what the doctor's name was uh Dr Rice and uh when you say that we went down to uh to the room where your brother was was that everyone in the group it was uh myself and my parents yes and uh Miss Roberts did she go as well or did she no she stayed out in the the waiting [Music] area and as you were making your way down uh to the room where they had your brother what if what if anything occurred along the way um so I noticed um Karen Reed was there um she was being restrained by uh hospital employees and she was uh you know screaming out to us um asking if he was [Music] alive is that something that she screamed out once more than once or something else several [Music] times now at some point you went into the room where your your brother was correct correct and um can you describe to the jury sort of what you saw as far as your your brother was concerned um I mean he was pretty banged up um he had [Music] his eyes had swelled up he had a um breathing tube in The Mask anyway Blood come down his nose Blood come down his mouth um but what really stood out to me was you know the eyes it was almost as if like there were pingpong balls under his eyelids they were that swollen now in addition to what you observed as far as his eyes what if any other sort of injuries Did You observe on any other part of of your brother uh I noticed some markings on his arm um didn't mean look at his lower uh torso area at all cuz he was you know covered by a sheet so most of the injuries that you know we observed was was to the Head area and face area and when you say his arm do you recall whether that was one arm both arm arms or which arm in particular uh he had markings on his uh his right arm um I didn't notice anything on the other [Music] side um you spent some some time privately as a family with with your brother at some point you left is that correct yes we were I would estimate we were probably in the room with them for probably 20 minutes until we left and after about that 20 minutes you come back out to the hallway and and where are you going um yeah we went back to the waiting area you know trying to figure out we can we leave do we leave um so yes we left my mother drove with me my father drove with Carri Roberts uh we went from the hospital at Good Samaritan in Brockton back to my brother's house in Kon and if I could just take you back for a moment so as you exit the room where your brother is and you come back out in the hallway what if anything occurred at that point again we saw um Karen Reed um being restrained by hospital employees saying screaming the same things is he alive is he alive is he alive you at any points either before or after respond to any of that screaming that you heard from the defendant actually blew her a [Music] kiss now as far as your relationship with the defendant Miss Reed prior to January 29 2022 how would you characterize I thought we had a a good relationship um I held her in very high regard um I thought she was a good influence on my niece and nephew I appreciated all the help that she was providing to my brother with the kids um we'd go out together as you know couples uh a couple times um she was very became very friendly with my wife but I'd say overall we had a we had a good relationship as far as those positive feelings uh that you had in relation to the defendant prior to January 29th 2022 had you expressed those to either the defendant or any member of her family uh yes so um Christmas Eve of 20 2021 uh was the first time I met her parents like my brother hosted uh Christmas Eve at his house um I met Mr and Mrs Reed uh I offered to help Miss Reed Mrs Reed um carry some uh things in from her car and as we were walking to the car I said you know I just want to I tell you what I think your daughter's great I think um very appreciative of what she's done for the kids and helping my brother now turning back to to that day of January 29th you go back out to the to the waiting area is that correct yes and what if anything happened what what did you see or speak to when you got out there um I saw her father Bill Reed come into the hospital uh he was picking up Karen as we were pretty much exiting the hospital to head back to Canton and did you have any conversation with him I did not now You indicated that you drove with your mother back to Meadow AV where your brother lived is that correct that's correct and Miss Roberts drove with your father back to the same location is that correct that is correct and as far as your understanding sort of on the drive back where with kids where was Kaye and Patrick so Kaylee was uh picked up by uh Mike camarano who's her kayle's best friend's father Patrick was at a sleepover the night before so he was still uh with the family um of the at the house where he slept the night before and you mentioned that the D drive from your house from West Bridgewater to Brockton was was somewhat difficult correct very difficult how would you characterize the drive from Brockton to to your brother's house in champ I mean at one point I said to my mother I don't know if we're going to make it back you know visibility was terrible couldn't see the roads um we made it back it was just a very very difficult um um just the VIS probably the worst driving conditions I've I've driven in as far as weather and so then at some point um you and your vehicle Miss Roberts and hers and your parents you arrive at at your brother's house and Kon correct that's correct know about what time of day that was it was midm morning so maybe between 10 and 11 o'clock in the morning and uh was there anybody present at the house uh when you arrived there no and at some point did other people uh come over as far as specifically I'm asking about uh the children yes so Kaye was dropped off um shortly after we arrived and then a little while after that Patrick was dropped off um from his sleepover and at some point you were tasked with informing the children what happened to your brother correct correct um at some point after you left the hospital in Brockton um what if any conversation or what if any phone calls did you receive in relation to the defendant Miss re um Karen Reed called me um asked me if it was okay to come over to see the kids and I said sure and do you know how long that that phone call went on for it was a quick phone call maybe a minute um I said she just asked if she can come over and I said sure and then uh she arrived at the house you know shortly thereafter when you initially arrived at the house along with uh your parents and Miss Roberts and her vehicle what if any other vehicles Did You observe sort of in the driveway at that [Music] time I noticed I think my brother's car I I mean I don't even recall seeing any other cars I mean um I me there could have been a car in the garage but I didn't notice really nothing stands out what what what kind of car did your brother have uh Chevy Traverse what color was that if you know uh like gray and if you recall when you first sort of arrived there where was that vehicle parked in relation to the Drone I believe it was uh the right side of the driveway you know um all the way down to the end of the drive like the top of the driveway all right now you have the phone call with the defendant you indicate it's fine for her to come over um you know about how long it was after receiving that phone call and when Miss Reed arrived there 20 to 30 minutes maybe and um when she arrived at your brother's house who if anyone was she with she was with her father and uh at some point was there anyone else from her family that that came over the house that morning her brother and his wife showed up shortly after she arrived with her father Yes and how many cars uh if you know come in between sort of the they they each took separate vehicles so two cars arrived and Miss Reed's vehicle do you know where where that vehicle was in relation to your brother's house at that time it was either in the driveway or in the garage I'm not positive so fair to say it was at the house correct it was at the house yes so between the Reed family there's three vehicles at your brother's house now correct correct now the defendant mentioned that you would met her father before on Christmas Eve is that right correct had you met her her brother or brother's wife prior to that day no and um you were in the house when they arrived is that correct when Karen and her father arrived I was uh shoveling the walkway out [Music] front and um in total um about how much time was was the defendant at house that morning when she came um I would probably say about 30 minutes and at that point when when the defendant arrived uh was either Kaye or Patrick are both home at that time yes um they were Kaye had come home first and then uh Patrick had come home so I think Patrick may have come home while they were there and you mentioned when they arrived you were out shoveling sort of the front walk correct yes and when they arrived did you go in the house with them or did you continue shoveling or something else I continued shoveling for a very short period of time and you know went in this went in the house like pretty much right after they did and when you got in the house what was it sort of that you were doing at that [Music] time I mean we had just told Kaylee what had happened um and we were waiting for Patrick to get home so we were kind of just congregated in the kitchen when you say we who who exactly are you talking sorry um myself my mother my my father was Miss Robert still there or has she gone home I don't recall and so in addition to yourself your mother and your father Miss Reed her father any other sort of members of her family where were they within the house at that time so mainly the kitchen at first um when Patrick came home we kind of took him to like a the side room where the kid hang out uh talk to him in that room and then we were in the the kitchen um then um Miss Reed and her father went upstairs and when you sat down with Patrick to uh to tell him what had happened to your brother who if anyone else was with you at that point Karen Reed and at some point subsequent to that uh you went back to the kitchen correct um yes and and where was it that the defendant and her father went upstairs into the bedroom and uh if you know about how long were they in the upstairs area of the house I would say 10 to 15 minutes and um them as they came down the stairs yeah so I was on the phone um a few times um so I didn't watch them walk up upstairs but I saw them come downstairs you know turn the corner at the bottom of the stairs uh she had um some of her belongings that she had uh taken from the bedroom and where did she go with those [Music] belonging uh they left um like I said they were probably there for 30 minutes they got in their cars and uh drove back to dayon Massachusetts and when you say got back in their cars uh you mentioned three cars that had been there in the driveway or in the area of the house correct correct when the defendant left how many of those cars remained zero and as far as the weather conditions that you had mentioned uh that existed at the time that you drove from the hospital in Brockton to your brother's home in kin what if any Improvement occurred with the weather during that time frame none so essentially the same is that fair to say yeah still um you the conditions were still [Music] poor now with respect to miss Reed's vehicle did you know what kind of vehicle Miss Reed had um Alexis SUV I don't know the actual um model Mr Tali that clock is actually wrong it it's just about 1:00 so is this a good place to take a break perfectly all right all right jurors it's the lunch and break we'll break for an hour we here ready to go no later than 2 o' please notbook put them on your chair [Music] take a [Applause] for e e e e e e e e e e e e e e e e e e e e e hellow you guys should F me e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e [Music] what back in session you may be seated all right Mr L can we have Mr o'keef again please yes witness please [Music] [Music] all right whenever you're ready Mr L thank you uh so Mr o'keef um new testifying before the uh the lunch and recess before um you had indicated that um Ben Miss Reed had gone upstairs for some period of time is that correct correct and that's at your brother's house on meow out correct and who if anyone had she gone upstairs with her father about how long were they upstairs for 105 minutes and as far as was there anyone else uh in the upstairs area the home with them at the time that they were upstairs no nothing I'm aware of now as far as Miss Reed was concerned uh what if any conversation did you have with her while she was at the house for that period of 30 minutes or so none really and as far as any other members of her family without any reference to what it was what if any sort of fincial conversation what have any conversation did you have with either her father her brother or the brother's wife again none not really I didn't really have much interaction with any of them while they at the house [Music] now you're obviously familiar with your brother's house on Meadows AB is that correct yes and as far as the house itself what if any sort of security uh did your brother have installed on on that house on meow uh he's got excuse me a ring he had a ring doorbell uh and then a ring camera flood light combination um above the garage doors overlooking the driveway and when you say the doorbell uh how many sort of points of how many doors or entrances uh into the house were there with cameras I would say two I mean uh the driveway and then the the main front door of the house apprach witness [Music] yes photographs two three and four if you could just look at those briefly and look up when you're finish and generally speaking sir do you uh recognize what's depicted in those three photographs um yes the first before we get to them just in general you recognize those okay what do what do you recognize this them in in general terms what do you recognize them to be photographs up that's my my brother's house at one Meadows AV and Kon and uh Miss Gilman if I could have exhibit two up on the screen [Music] I'm shach I'm you here aser basically okay and again so what's up on the screen is exhibit number two uh what what are we looking at that's my brother's house at one Meadows AV in Canton and as far as the uh ring doorbell camera that you were referring to is that something that's visible in this Photograph not in that photograph no and so typically when you would come over uh to your brother's house um what would be sort of the general points uh or door that you would use to go inside the house so um either the garage door or there's a side you know side door right behind that bush so behind that bush is there any sort of like uh walkway or anything like that over there yeah so there's a walkway that leads up to a couple of steps and then to the entryway is that where the ring doorbell would have been located uh label is sort of the front door yes and garage area with the driveway that you were referencing in relation to this Photograph it's not depicted in this photograph is that fair to say correct okay um so which sort of with relation to this Photograph understanding that it's not depicted and it would that be the driveway would be to the right side of the house as we're viewing it from here and if I could turn your attention to the next exhibit number three Miss Gilman if I could have that and what's up on the screen is that what you have before you as exhibit number three correct and whereabouts in relation to the house what what are we looking at here so that would be the driveway right side of the house um two garage doors the upstairs window and the ring um camera SL flood light combination now with respect to the garage um was there a particular way that your brother would have would have kept sort of the garage area um yeah he had on the left side he had a 1971 Ford LTD parked over that side um and he would typically Park uh his car on the right side so the car that you were talking about before that being the Chevy Traverse is that correct correct and so the flood light combination with the camera that you see that in this photograph is that correct yes if you could just using the laser point to direct the Dury's attention to that right under the window thank and as far as these particular ring C driveway garage one and the front door of the sort of side uh entryway there um who if anyone as far as you knew had access to those particular cameras how would they be accessed uh most likely through uh the the Ring app on your um cell phone and I believe the only ones who had um access to was my brother and Karen Reed and as far as brother strike all right I'll strike bre that see if you can lay a foundation as far as your brother was concern uh how what if anything would he do with reference to those ring cameras and and his app on his phone when people would arrive at his house um I mean a few times he'd talk to me through the speaker you know if I pulled up to the house and he wasn't home and he would speak to me on it but I'm not sure if I follow the entire question no and that's EXA so there were points where you would come to the house correct and wasn't there yes okay and he would sort of talk to you through the the ring application is that fair to say yes okay now as far as Miss Reed wasc um when you say um you believe she had access to it what what leads you to believe I believe the kids had mentioned it before um Kaylee and Patrick mostly Patrick all right I'm going to strike that now if I direct your attention to the next exhibit before your exhibit number four and again sir what's up on the screen is that what you have before you as exhibit for uh correct and uh if you could describe to the jury sort of what part of the house we're looking at here and what if anything in relation to the the ring that you observe here that is also the driveway from a different view um call it the top of the driveway looking down onto the street um right in this picture here the ring camera or the flood light ring is not visible and the walkway that you were talking about that was behind the bush do you see that in this Photograph yes if you could direct the jury's attention to where that is so if you follow that walkway sort of around to the bush where does that LE right to the um Breezeway [Music] door I may approaches yes now the mrke the ring camera uh that we're talking about um have you seen those on on like a disc form is that correct have I seen them on a disc form I'm not sure if I follow that question sure um have you viewed any any ring camera footage from either the the front door or the driveway to your brother's house no I didn't have access okay [Music] now you may approach yes e e all right so Mr L you have something to Mark as an exhibit yes so there are two discs one labeled uh meow a ring videos oh sorry so they they've already been Mark already been marked all right so the next go go right ahead no okay uh so and let us know if you want the lights dimmed at all Mr L uh yes please do you want that now yes would please thank you so miss Gilman if I could have from what's been marked as exhibit six driveway camera if I could have uh video number 161 and if you could just pause that just for a moment now Mr o'keef what's up on the screen there uh do you generally recognize what's depicted there um it looks like Karen Reed's vehicle uh my brother's vehicle and it looks like another SUV behind it I don't know the two people if if you could just using the laser pointer before you if you could just direct the jury's attention to which vehicle you're talking about when you so starting with Miss Reed's vehicle where is where is it in this video that you object uh I believe it's that one right there and your brother's vehicle is back there and the vehicle you're referring to is is your vehicle where is it and uh if you know uh when about is this video depicting in relation to what you've described as the the events of January 29th um I mean that would be um in the morning coming back from the hospital midm morning and as far as the people within this video do you recognize any of the people within that'd be myself I believe that behind me is could be kry Roberts cuz that I believe that's kry Roberts's she drove um my father back from the hospital to one Meadows and Miss still if you could just run the video oh that's my mother [Music] I'm [Music] [Music] Miss Gilman from the same exhibit if I could have go Mark 165 and Miss if you could just pause that Bri now with respect to um this video do you recognize um vehicle that just pulled into the driveway here um that looks like Karen Reed in the in the photo on the video I assume that's her father's car so this would have been the time that M Reed the defendant arrived with her family from the hospital as well correct and Miss Gilman if you could just run that through [Music] [Music] this for [Music] thank you I could ask for the next labeled video from exhibit 6 number [Music] 166 see if I could ask you to pause there now Mr O'Keefe with the last video the two individuals sort of walking over to the house you recognize who those were yeah it appeared to be Karen Reed and her father and uh the individual who just got out of the same vehicle you recognize that that appears to be Karen Reed's brother Nathan again this particular day January 29th that your brother's house that's the first time that you met him is that correct correct this if you could just play this one [Music] is [Music] [Music] thank you Miss Gilman from the same exhibit number six by get out video 169 just there for a moment please now as far as uh you mentioned earlier in testimony that after Miss Reed arrived at the house uh that your nephew Patrick came home as well correct and do you see your nephew Patrick in this video up on the screen now yes would depict when he got dropped off correct just if you could just run [Music] that for Miss Gilman from the same exhibit 6 if I could have number 176 pause that right there now from this uh video you referenced early in your testimony Miss re had gather some belongings and then had left with all the vehicles that her family came with correct correct and do you recognize anyone depicted in this uh video number 176 that's Karen Reed and uh what if anything You observe in this video her to have in her hand at this uh looks like some type of a bag and uh Miss Gilman if you could just uh play this [Music] [Music] [Music] one for thank now Ming if I could have from the same exhibit 6 uh number 178 I could ask you to just pause right there now Mr o'keef you were at your brother's house on Meadow AV for majority of of that day correct yes about how long were you there into the evening yes and uh at some point were attempts made in and around your brother's house the driveway the walkway things of that nature as far as snow removal is concerned um at one point uh other than me shoveling um Patrick's friend's father came with a snowblower and um so initially it was you shoveling was your what if anything was your father doing while you were shoveling as well uh it was just me shoveling um and do you recognize uh what's depicted up in this video as far as any individuals in this video uh I believe that is me standing there with the shovel and uh Miss Gilman if you could just play this [Music] [Music] Miss Gilman from that same exhibit 6 that I have video number 185 if you could just pause it right there now in reference to the snowblower uh coming out or sort of the friend of of Pat the father of Patrick's friends uh you recognize anybody in this video here um I'm assuming that's um the father of Patrick's friend but I'm not sure so fair to say This was later in the day after you were out there shoveling and after the defendant had left the house is that correct yeah yes and with regard to um with regard to that particular day of January 29th uh do you recall any law enforcement whether the PD or state police coming to the house while you were there that day on not on the 29th no and during the course of clearing driveway out as far as snow or ice um what if anything Did You observe as far as Beyond just sort of snow and ice were there any sort of any sort of other items within the driveway that you recall seeing or not that I'm aware of no and Miss Gilman if you could just uh play this video thank you and lastly from this exhibit Miss Gilman if you could from exhibit 6 pull up um video number uh 239 Jo Kei what's up on the the screen right now is that essentially what the driveway look like at the end of sort of the snowblowing and the shoveling and snow removal that day yes and uh that vehicle towards the top that's your vehicle is that correct uh yes and is this around the time that you would have been leaving uh your brother's house uh on January 29th yes [Music] [Music] is [Music] uh Mr coros we can have the lights back up may approach witness [Music] yes recognize that yes if I and Miss Gilman if you could just uh enlarge that a little thank you very much and what's up on the the screen Mr ois uh is that what you have before you as exhibit number one yes and and what are we looking at in this exhibit that's my brother and as far as your earlier testimony in regard to uh the the vehicle that he kept sort of on the left side of the garage what if anything you recognize um it's picted in the picture it's a convertible 1971 Ford LTD and with reference to that vehicle um how did your brother feel about that that vehicle he enjoyed it he thought it was fun driving around um you know in a convertible uh nephew Patrick enjoyed you know being driven to baseball games and whatnot and it so and uh your niece kayy how did she feel about she did not like it still doesn't may approach I have nothing all right Mr O'Keefe sir I have no questions for you all right Mr o'keef you are all set sir thank you thank you sir um one second [Music] [Music] J uh I'm sorry call up a call Miss uh Mrs Arin o Keef to the stand [Music] a should give the court Jing the case now hearing to the truth the whole truth and nothing but the truth so help you God I do thank you you may take this whenever you're ready Mr L thank you uh good afternoon M good afternoon could you uh please state your name and spell your last name sure it's Aon o'keef o k e Fe and uh where is it that you live now West Bridgewater and who if anyone do you uh do you live there with I live with my husband Paul and our two girls and uh how long have you lived there West bridgew uh be 10 years this year and uh your girls how old are your girls now uh 13 and 10 and what is your husband's name Paul and how long have you and Paul been together how long have you been married be 24 years this year and 17 years married this year and uh do you work ma'am I do and what do you do for um currently I'm at a I switch jobs uh currently I work for a mechanical contractor and just sort of in general terms what what type of work is it that you do I'm their marketing director and you said you switch job so how long have you been doing this this sort of new job I'll be there two years in October and your husband uh Paul how how do the two of you meet uh I was his waitress in a bar when he was in college and um as far as your husband Paul's concerned his parents what what what are their names uh John and Margaret and your husband Paul did he have any siblings two um an older sister and an older brother John and Kristen and of the three John Kristen and Paul who was who's the oldest who was the youngest and what is sort of the age difference between the three Kristen uh was the oldest Johnny was next and Paul being the youngest and and Paul's what 3 years younger than Johnny four and your sister-in-law uh Kristen she was the oldest correct um was she married at some point yes her husband Steve do you recall about when it was that that your sister-in-law Kristen and and Steve got they got married in 2006 and uh your sister-in-law Kristen and her husband did they have any children they did uh Kaylee and Patrick and uh Kaylee and Patrick about how all Bank Kaylee is 16 now and Patrick is 13 now now excuse me at some point uh did U their last name was fush is that correct correct and at some point uh did your sister-in-law Kristen or usand stepen and their children moved to the town of C they did and about what time or what year was that uh 2009 2010 I believe and if you know where had they been living previously before they moved to c uh they were renting out their uh townhouse in Abington so they were living in Dorchester with Johnny and uh if you know at the time that they were living with Johnny uh were both Patrick and kayy born yet or just Kaye just Kay uh so fair to say she was relatively young at that point yes now at some point your sister-in-law Kristen got sick correct correct and you recall when about that was that you did you learn of that it was June 2013 beginning of June and uh do you recall what she was sick from or what the diagnosis was she um was diagnosed with gleo blastoma and uh at some point subsequent to that she she passed is that correct correct six months later sometime in Fall November 2013 November 11th 2013 now at that point in November of 2013 um as far as you and the rest of of your family was concerned what was sort of the plan or the expectation as far as what was going to happen with the with the children Patrick and K uh I know that my in-laws were helping while Steve was still here Steve um passed away two months later but my in-laws were helping Steve kind of get acclimated and what if any role uh did your your brother-in-law you called them Johnny is that correct yes um so what if any role did your brother-in-law Johnny have with respect to the kids during this time he was very involved because he was very involved when my sister-in-law was sick I think he was out on he' hurt his hand or or something when he was uh working out on the um when he was out out on the streets I guess and so he was on disability and was helping and going to the hospital all the time and being with Kristen and you mention he was out on disability and that he was working what what was it that your brother-in-law Johnny O what did he do for work he was a police officer in Boston [Music] now you mentioned that shortly after your sister-in-law Kristen passed away her husband Stephen also passed away is that correct correct and so what if anything sort of became the plan or what what happened with respect to your niece and nephew uh following their father's death uh Paul and Johnny went out to lunch one day and we had kind of assumed because Johnny was out on you know the streets doing his job like that that Paul and I would take the kids and Johnny said he was going to do it so he sort of volunteered or stepped up to do it correct correct and pursuant to that where did um where did Johnny go to live where did the kids live when he did this Johnny uh moved into their house in Canton the original house that Steve and Kristen had bought he moved in with the kids there and about how long was it that Johnny lived there with the kids um assumed that role um maybe four years four or five years I don't remember the exact year that he bought the new house and so they lived there for four or five years and then you mentioned that he bought a new house where was the new house that he bought the new house is the house now on U Meadows AV in Canton and so from whenever time Johnny bought that house he lived there basically with with kids Kay and Patrick until he passed away as well correct correct and um with respect um to your niece and nephew what if any sort of legal relationship um did Johnny have with respect to to the kids P he became their guardian and during the time that um from the time that that your brother-in-law Johnny sort of took over uh that guardianship with respect to your niece and nephew um as far as dating was concerned what if any sort of long-term relationships uh did he have during that period before you answer that if I could just ask you for your definition as far as what do you deem or term as as far as a long-term relationship one two years I guess as a start two years years so during that time after he assumed sort of guardianship of of the kids about how many of those relationships one to two years or so did he did Johnny have during that time two and what were the names of the people that he had those relationship uh the first was Amy um and then Karen and just to be clear by Amy that was uh you know where she lived she resides in Westwood and she had children of her own is that correct yes and the second that you mentioned was Karen is that correct correct what is Karen's last name Reed this for prority purposes do you see the person you knew Karen Reed correct yes says for clarity purposes the record do you see Karen Reed in the courtroom I do could you just identify where as to where she's seated or an article of clothing shees um black or blue blazer and I just ask the record reflect identification of an attendant by the yes now with regard um to miss Reed as far as her relationship with regard to your niece and nephew what if any sort of legal relationship did she have with regard to either your niece or nephew or to your brother-in-law Johnny oi legal none now as far as um over the course of well when was the first time uh that you recall me meeting to defended Miss re I believe it was in June uh of 2020 during Co based on sort of your understanding when was that in relation to when they began sort of their relationship I I think it was in February or March of that same year so right around the time that the pandemic caused a sort of General shutdown correct I think so yes now as far as you were aware did you know of any sort of pre-existing relationship or any time that they had dated in the past prior to that February March of 2020 I learned that after the fact so fair to say during any sort of previous time that they may or may not have dated you hadn't met Miss Reed you weren't aware of her at all correct I had not met her and do you recall sort of where you were or what the circumstances were the first time that you that you met the defendant I believe we were all um coming to our house it was either I it may have been a birthday party or Father's day but we were out on the patio I think it was June so John o'keef uh Miss Reed as well as the children came over your house for some kind of holiday or something like correct now from that time sort of going forward how would you describe sort of your relationship with the defendant M I liked her a lot and as far as um prior to January 29th of 2022 would you consider yourself or characterize your relationship as as friends I would and about how often sort of from that time of when you first met her in June of 2020 through January uh the end of January 2022 um how often would you see uh sort of your niece your nephew uh Mr o'keef Andor Miss Reed one two times a month it was covid so when we could be outside or or all get together or if there was a birthday and were there any occasions where you would have occasion to to spend time with or hang out with uh the defendant outside of of either your husband or uh your brother-in-law John noi yes and we talked quite often and just in in regard to sort of iners about how many times was that without them I don't recall now as far as your understanding of sort of the living Arrangement around it um how often um what was your understanding as far as the relationship and and sort of where everybody lived or where everybody stayed or how often things like I I believe that Ken was there most times I do know that she liked to go home on Mondays just to kind of have a fresh Time by herself and Thursday she was teaching an online class so she would be home on Thursdays as well but for the majority of the time I believe she was over there now just to be clear when you say over there you mean the house on Meadows correct when you say she was home where else did she have a home during that time in Mansfield and had you had occasion to to be over her house in Manfield at any point in the time that you were were friends I had gone over once yes now with respect uh to their relationship um what if anything were you aware of as far as fights arguments issues anything like that I think normal relationship you know nor the stuff everyone goes through if I could ask you just if you could expound upon that a little as far as when you say normal relationship stuff what what what exactly do you me I know that um you know my in-laws being there often could be stressful and you know two par two people with kids in life normal everyday [Music] relationship now during this time frame um you were living in in West Bridgewater still is that correct correct where where were you like what town were you working in at that point at that time I was working in Brighton so fair to say relatively long commute between Brighton and West Bridgewater on daily basis correct and so during that sort of long commute uh what if anything would you do with reference to the defendant or who if anyone would you typically talk to on those long I would text her or call her and say I'm hey in driving and or she would call me and we would just shoot the breeze and just talk [Music] was that something how often would you do that quite often now as far as your relationship with the defendant Miss Reed um you considered yourself friends or friendly is that correct correct is that something that you communicated to her or she communicated to you in any way yeah and yeah we would say how how well we got along and she would say if they ever broke up she hoped that she and I would stay [Music] friends now Mrs oie if I could turn your attention to January 28th 2022 into January 29th 202 um actually first let me bring it back a little bit further uh so New Year's Eve uh going from 2021 into 2022 do you recall that time FR I do would you recall where you were or who you were with around that that time of New Year we were in Aruba for my mother's birthday and um when you say we who if anyone were you went AR with my mother father sister husband and our two girls and over the course of that were you also aware of where your brother-in-law Johnny o'keith and Miss Reed and children Patrick and kayy were at that time as well they were also in Aruba and so where they were situated in Aruba where was that in relation to to where you were situated we weren't our we weren't close um you'd need a cab it was not the other side of the island but far enough away you'd need to catch a cab they were more downtown and what if anything did you know about sort of who they were with or how they had come to be there in a Ru at that time they were with a large group of people I would I don't know how many but there was a large group of people that was going down and as far as you knew was there any one person excuse me in particular that uh organized sort of that trip or yes Laura Sullivan and do you know Laura Sullivan I do and how do you know Laura I know laara through Johnny he's her son's Godfather and uh say as far as you knew that Mr o'keef Johnny o'keef and Laura Sullivan had known each other for some time correct now at any point um when you were in Aruba uh during around the time of new years's um did you ever meet up with or or connect with with Miss Reed and and Johnny y we did not now at some point in time when you were in AR Ruba during that same time frame uh what if any conversation did you have with Miss Reed the defend uh I don't believe any with Johnny uh Karen texted me on the flight down the flight attendants were Karen and Ain and we were trying to arrange and see if there was a time we could get together so the flight attendants on their flight down had the same names as both yourself and this read that yeah she texted me and said that and so you had been trying to arrange some some time or some day to sort of meet up is that correct uh I don't know I don't recall I had texted her on New Year's Eve to see where they were and what if anything did she reply um did she reply in text she did it wasn't until later in the evening um that she had caught Johnny kissing Lara's sister in the lobby of the hotel [Music] and what if anything further did she indicate to you in in regard to that just that they got into an argument about it and so did uh the two of you and by the two I mean the sort of the two groups of of families did you ever connect or or meet up at any point when you were in Aruba we did not you have any further conversation with Miss Reed in reference to what she had indicated occurred at at their Resort I responded and said like kissing and I don't recall what her response was but I had missed the next text she said she did I want to meet up she had freshened up and did did I want to meet up but I had missed it and was either already going to bed or just missed it until the next day so she had indicated to you via text that they had got into an argument and then further indicated or asked you if you wanted to meet up correct correct all right Mr I'm just going to give a brief instruction at this point right excuse me so folks you just heard um testimony about statements that were allegedly made by the defendant you really not to use the statements for the truth but you can consider them solely on The Limited purpose of the defendant's state of mind uh and as they go to the nature of the relationship between the defendant and John O'Keefe thank you you than now um between that time in Aruba and January 28th of of 2022 had you had occasion to meet up with Johnny O'Keefe Andor the defendant Karen Reed or the kids or any anybody from that Canton House no our older daughter tested positive and she and Paul were had to stay back in Aruba so we didn't have and then by the time they got back it was back to school and we didn't have a chance so your oldest daughter was quarantined along with your husband and Aruba and they came back sometime after you and your younger daughter correct and with respect to that um that sort of weekend of January 28th into January 29th uh what if any plans did you have initially to uh to meet up with uh your brother-in-law Johnny in the defense uh Johnny had been communicating to Paul that wanted to get us together on the 29th and I said there's a big storm coming I don't think that's going to happen and so you were aware somehow of of a big storm coming in on that weekend as far as the 29th was concerned correct and what if anything you recall sort of about what you were aware of as far as that storm like how severe what kind of storm I don't recall specifics but I I knew that it was a big storm that was coming for Saturday with a lot of snow and so you didn't think that was a good idea to set up a time to meet up with that correct now on that dates of um January 28th um what if any conversation did you have with with Miss Reed on that day uh she had texted me while I was waiting for the school bus asking if there was any chance I was out without Paul was that a typical thing that she would text you as far as the without Paul part no and um you indicated that you were waiting for the school bus is that right correct and at that time in January 2022 you had two daughters correct yes correct were they sort of them the same school as far as on the same bus no they were not they're separate schools so fair to say one was maybe in elementary one was in Middle School correct um so as far as around uh that time that you receiv received the text would that have been the younger daughter or the older daughter that you were waiting for us uh the younger daughter it was after 3:00 and who comes home or at that time who came home first the younger daughter or the older our older daughter and when you received that um text from the defendant what if anything did you or how did you respond to I said that we I was waiting for the school bus and we had basketball on Friday nights and the basketball on Friday nights was that something that was one of your daughters or both both and uh do you recall um well let me ask you this with regards to your daughter's basketball at least at that time um what if any sort of relationship did your husband have to those basketball teams he was the coach for both of them and was that something that was sort of like a a local league is that correct town league town and um that all of you and by all I mean yourself your husband and and the two girls did you all go to both games that night correct and do you recall about what time those games were six or seven now miss Reed reached out to you and texted you and then you uh responded as you described uh what if any further conversation did you have with Miss Reed on that day I asked her if everything was okay if something was up and she responded and said just another day I wish I didn't talk to an O'Keefe after 2004 and how did you respond to that if you I said what happened what's going on and they had bickered I guess about her taking Kaye to Dunkin Donuts in the morning before school and just to be clear when you say they you mean Johnny o'keef and Karen correct you recall sort of how that conversation evolved or or what if anything else was said during that time I just knew that they had gotten into some type whe I don't know if it was an argument or there was something they bickered about her taking them and he said that she spoiled them now as far as your conversation with Miss Reed in regard to the weekends uh what if anything did two of you talk about as far as sort of plans for the weekend I said I was anticipating a storm so was probably going to hang in the neighborhood with everybody now as far as later on in that afternoon uh what if any uh sort of further communication did you receive from Miss Reed that day the uh think the last text was a picture something that popped up in her memories of my children and Kaye and Patrick from the cape that summer and said this just popped up my memories and made me smile now did you have occasion to talk with Miss Reed any further on that day of the 28th no that was it and so you went to your kids' basketball games came back to your house is that correct correct and uh do you recall about what time you went to bed that night it was either close to midnight or after CU Paul and I were sitting up watching TV you recall what you were watching on the TV Yellowstone was that sort of a a binge watch that you were doing yes now before you went to bed uh did you have occasion to sort of knowing that the snow is coming did you have occasion to sort of look out and make any observations about what the what the weather was like before you went to bed uh I noted that while we were still up watching television that it was snowing already and did you have occasion to see whether or not it was sort of sticking to the either the pavment or the grass or anything like that I looked out on the deck and it was starting to accumulate on the deck sticking to the deck you know about what time that was probably around 10:30 or 11: this is at your house in in West bridgew correct now you go to bed and at some point you wake up on the 29th and if you recall what is it that wakes you up the next day I um woke up to my husband uh on the phone with his mother saying he's going to be okay he's going to be [Music] okay and they got off the phone and I said what happened and what's going on and he said they found Johnny in the snow this morning and after that uh phone call what is it that your your husband Paul do he's pacing around and he goes to the bathroom to brush his teeth cuz he said that he was going to drive to the hospital do you know what hospital he was going to drive to Good Samaritan and based on the weather and sort of the road conditions what if any concerns did you have about that plan of your husbands I was concerned with them driving because the roads weren't good now as far as um your in-laws U so your your your father-in-law is John o'keef Jr is that correct senior senior and uh your mother-in-law is Margaret or Peggy is correct and what if any information did you have as far as were they going to the hospital and it so how were they do they were going to the hospital and Carrie Roberts was going to pick them up because they didn't have a car that could drive in the snow now was Carrie Roberts someone that you knew prior to his date I yeah I knew her from when Johnny moved to Canton um and at some points uh do you recall approximately how long was it between the time that the phone call comes in and the time that your husband left your house 10 minutes relatively quick I'm sorry you just have to yes I'm sorry no you're fine you're fine um so then when your husband is leaving what if similar to earlier the previous evening what if any observations did you make as sort of the weather and what what was going on outside of the time you it was snowing when he was leaving heavy now at some point um you're at home and your children are at home with you is that correct correct and at some point who if anyone do you reach out to to to sort of find out what's going when Paul was brushing his teeth I said to him where's Karen where is she is she okay and I called her and I could hear the phone pick up and I she didn't say hello I just said Karen what the hell is going on and she just yelled back in the phone John's dead and Carrie Roberts grabbed the phone from her and said no he's not he's at the hospital they're working on him and I I didn't know what was going [Music] on um was there any further conversation uh on that initial phone call that you made to they were in car's car waiting for an ambulance to pick up Karen and then Carrie was going to pick up my in-laws as far as sort of going through that day um what was the next conned as far as your brother-in-law Johnny and and who did you learn from I uh when I spoke to Carrie in the car I asked her to take my phone number I knew she was going to the hospital and I was nervous that Paul was going to be there by himself so I asked her to please keep me informed as to what was happening when she got there and without any reference to anything that Miss Roberts may or may not have said to you did you further updates from Miss Roberts throughout uh the course of that morning I think I called her every five minutes and at some point uh did you learn um what sort of the status was in in regards to uh to John I think it was I don't recall the exact time but Carrie had texted me or called me to to let me know when they were finally called in by the doctors from the emergency room and what if anything did you learn once theyve been called in by the doctor all right U sustained at some point um later on in that day um did you have further conversation with the defendant this week I did and you remember approximately what time that was I think it was around 1:00 and if you recall was that a situation where you called her or she called you or I called her because I didn't know what was going on and I kept saying to my husband has anyone checked on Karen is Karen okay so I called her and when you called her what if any conversation did you have with her at that uh she answered the phone and said that I was on speaker and she was in the car with her dad and they were driving to dayon and what if any questions did you ask her about what had happened and what if anything did she said I asked her I said what the hell happened last night and cuz I didn't I couldn't understand understand first how they were together if they had been arguing earlier in the day and she told me that they were out that she he she dropped him at a party afterwards didn't feel like going so dropped him and went back to Canton what if anything did she say uh occur after dropping John Young she said she went back to Canton and I think woke up around 4:30 and couldn't find him and woke up Kaye to see if Kaylee had heard from him at all what if anything did she say happened after that she said that she went to go out and look but the roads were bad so went back and called Carrie and Jen so that they could drive together and by car you understood that to mean Carri Robert K Roberts and by Jen who if anyone did you understand that Jen mccab is that someone that you knew or were familiar with at that time I had never met Jen and what if anything did she say happened after that when she went out with Carrie Angel I don't is is it possible to refresh my memory on that um without without getting into that um just as far as um Beyond sort of what happened um what if anything else that the defendant say to you as far as uh she told me um that she had to remember the bad times which I struck me as an odd comment to say but I had I assumed since she was at the hospital that maybe she was medicated but it just struck me as something odd now in addition to the um having to remember the bad times what if anything else did she say to you at that point during that phone she said I don't think I'm ever going to see you guys again and I said of course you will we're friends [Music] now following that conversation in that day um did you ever speak with the defendant Karen Reed again no [Music] now one moment yes uh just one last question ma'am so in regard to those last two statements that you had testified about was that all part and parcel of the same conversation when the defendant indicated she was driving back with her father to dayon correct okay uh so there was no further conversation after that conversation shortly after 1 p.m. no okay I have nothing further for this witness all right cross examination thank you honor we have no questions all right Miss o'keef you're all set thank you Mr L your next witness yes the call will call officer uh Steven sarif to this St [Music] [Music] should give the court jury the case down here should be truth the whole truth and nothing about the truth so heal you okay you can sit or stand whatever you want to do thank you just ask that you speak into the microphone please okay whenever you're ready Mr L thank you good afternoon sir good afternoon could you uh please state your name and spell your last name for the record my name is Officer sarif um s a r a Kon police department and how long have you been a member of the Canon Police Department about 27 years now were you working with the Canon Police Department on January 28th into January 29th of 2022 I was did you recall what shift you were working on that occasion I was working midnight to 8 shift midnight to 8 am. is that correct that's correct and were you dispatched to a call at approximately 605 a.m yes I was and if you recall what was the dispatch in regard to and where specifically were you dispatched to it was a call of a person that um was unconscious outside um I believe it was 30 34 uh Fair viiew Road in Canton now that particular area of Canton are you familiar with that area of Kon yes and uh as far as the town of Canton is concerned with respect to Police Department is there any sort of U different sectors within the town that you would be assigned to patrol that's correct and the area of Fairview Road would that be within your sector that control that was West sector and how many sectors within the town of Canon are there four now that particular area of Fairview Road what type of area is that is it residential commercial or something else it's residential and uh the roadway of of Fairview Road there's houses on that roadway is that correct that's correct is there any sort of uh it's a paved roadway is that correct it is yes the lanes are they divided by any sort of lines in the middle of it yes and who if anyone owns or maintains that particular Road the town of Canton does now you received that dispatch where were you if you recall when you received the dispatch I was um uh there's a church right next to the uh the police station that was in that parking lot and with respect to um the evening of the 28th into the morning of the 29th uh what if anything were you aware of as far as s of forecast of the weather or some anything sort of impendent coming in yeah it was snowing pretty good that night it snowstorm that that evening so there's snowstorm that had been predicted is that correct I believe so yeah okay there was a snowstorm actually occurring around that time just after 6 a.m. that's correct and at the time that you're responding um a little after 6:00 a.m. uh was light out dark out or something it was dark out and the time if you know how much time elaps sort of between the time that you received the call and the time that you arrive in that area of therapy uh it's pretty close so a couple of minutes maybe because I didn't obviously go as fast as you could go because the uh roads were pretty pretty snowy um during the course of you have been working sort of since midnight correct correct and over the course of of your work throughout that evening had you or what if anything had you noticed with regard to snow removal as far as Town plows or anything like that uh I don't I don't understand were they were they plowing is that your question I I they usually they they were plowing the roads okay so there have been some sort of treatment or plowing to the roads prior to your response as far as you know yes yes um what were sort of the the road conditions or the visibility or anything like that if you recall during your your response time it was it was Pro it was snowing pretty well um the roads were definitely slippery um it took me uh a while to get to the um to the destination and um if you recall sir what was sort of the the path of travel that you took from you mentioned you were in the church parking lot next to the police station correct that's correct and where is the police station located in police station's at on Washington Street 1492 wash and so what was sort of the path of travel that you took from the church slot next to the police station to fair so I went past the police station um onto Chapman Street and then um from Chapman Street I went to Fair View Road and when you were approaching Fairview Road are you taking a right or left or something it's a right and uh as you were taking that right onto uh onto Fairview what if anything happened with your vehicle as you were taking that to not nothing that I would problem and that particular coming from that the chat side of Fairview uh Fair viiew goes from Chapman and then it goes down to sort of let's say the bottom of the street it connects with another street is that correct that's correct and what is the street then Cedar Crest Cedar and if you're coming from the Chapman side down to the cedarest side what if anything is there as far as an elevation like is it uphill downhill or flat it's uh down it's down a hill fa decent size Hill [Music] now as you um are driving down Fairview uh what if anything I mentioned it was dark outside correct that's correct so what if anything beyond sort of the the headlights on your Cruiser um did you utilize uh for assistance as you were driving downfield I had a spotlight on on the um the driver's side handheld Spotlight to try to um Locate the house in question and if I could just ask you a little bit about the type vehicle that you were driving so was it um what kind of police cruiser were you were you driving at uh Explorer so SUV is I yes SUV is and um as far as those um or the the particular Cruiser that you were driving on that occasion what if anything is it equipped with as far as um cameras or anything like that within within the vehicle yeah it's equipped with a um a camera uh for front and back and um um in the rear rear p uh rear seat of the um of the cruiser and so as you're driving down Fairview you reach out and start to utilize your your Spotlight sort of on where is that located on the cruiser it's uh on my left hand side and is that a spotlight that's outside of the cruiser or inside of the cruiser where where is it located on on the outside of the cruiser but there's a handle that manipulates it so you can point the spotlight where you want to go okay so you have a some sort of tool within the cruiser where you can manipulate where it points that's correct and as you're coming down uh there of you utilizing that Spotlight what if anything do You observe out in front of um well as I got to uh my destination I saw um three people on the on the on the lawn of uh in the snow um waving me waving at me and initially when you see these three people in the snow do you have any idea sort of who they are or or male female anything like that do do um three women in later learned it was um male male subject on the ground and so when you initially are are sort of approaching or getting to the residence you you indicate you see the three women waving at you could you see uh or what if anything could you could you see the body at that point I saw that there was somebody on the on the ground yes so you could see the three women and you could see a person on the ground that's correct and at some point subsequent to this did you learn the identity of the the person on the ground I did and who did you learn that John o'e and prior to this day prior to this dispatch uh did you did you know John o'keef in any way no now the three uh females that you saw sort of around Mr O spotting on the grounds um at some point later did you subsequently identify who those three people were I did and who did you identify uh one was uh Karen Reed um the other one was Miss McCabe and um Miss Roberts I believe right sir I'm G to ask you to keep your voice up okay or speak into the microphone sorry it's okay now you arrive on scene and and I'm assuming you get out of your Cruiser is that correct that's correct what if anything did you do from me uh walked over to the to the scene um I first asked um you know is this person you know a drug user he's have an issue with drugs um somebody said no he's a Boston police officer I said okay I checked for a pulse I couldn't find a pulse um then I went back to um to my cruiser and tried to find a um the AED which is the auto automated external uh defibrillator back just for a second so you indicated that you checked for a pulse correct that's correct and where on Mr o'keef did you check for on his neck is cored s of his cored is that correct that's correct and when you made contact with sort of the skin area in in his cored area on his neck what if anything did You observe as far as um Mr o'keef when you did I couldn't find any um pulse or anything like that and he was um called to the touch now when you did this Mr o'e you mentioned was was sort of U on the ground correct that's correct and um how is he sort of positioned on the ground he was lying on his back and as far as your observations of Mr o'keef during this initial time when you're checking the pulse um what if anything did You observe sort of on him or around him or anything like that uh um I didn't really let me ask it a different way so as far as you mentioned that when you arrived there it was snowing out correct correct okay and so how much snow was in and around or on top of Mr o'keef when you first there it was about um I would say about six inches on the ground um there was a light dusting on top of them I would say and what if any observations did you make of Mr O'Keefe and sort of how he was dressed at this time That You observe I don't recall what he was wearing now with reference to the residents at the 34 Fairview Road um if you're standing in front of the house on the street facing the house um which side of the property was Mr o'keef lying on his back as you faing the house it's to the um I'm sorry go again can you say that again please so if you're standing on the street facing the house with Mr O'Keefe more to the center of the property the right of the property or the left who's on the left left of the property is now in addition to Mr o'keef in this sort of area on the left side of the property what if any sort of other land marks or or other things that you observe on that side of the property um to the left of the property there was a viah hydrant a a bush and a flag pole I believe to the left to the um farther left like more more near the property line I would say now with reference to um that there was it was snowing out and there was snow on the ground correct that's correct what if anything else did you note as far as uh the weather conditions as far as wind temperature or anything like that the it was I would say it was near blizzard conditions it was snowing really really hard and how cold obviously January it's snowing out it was cold but how how cold was it if you know when you first left less than 32 less than 32 degrees I don't know exactly I me it was cold um so you pull up in that area with the three females are they to your right or to your left um I pulled up basically I had my cruiser um straight on so which side of the cruiser were were the three females and Mr O'Keefe when you pull up and stop was straight ahead Straight Ahead okay A little to the left and what if any other vehicles Did You observe sort of in the roadway in that area uh where three females were and and M there was another uh vehicle um in the roadway on the side of the road I I parked basically right right behind that and uh do you recall anything about that vehicle like what type it was what call or anything like that I don't recall now with regard to the three females you identified as Miss Reed Miss mccab and Miss Roberts uh you recall where they were in relation to Mr o'keith each of them when you s first sort of pull up and get out of your Cruiser so I when I arrived I saw um Mr Reed looked like she was giving CPR to him and she had blood on her on her face now in addition to yourself there are other uh sort of U First Responders that have dispatched to the scene as well is that correct that is correct and um of them um who if anyone else was on scene at the time that you were di um when I arrived I was the first to arrive then then there was officer melany that came a few minutes later and then um then the fire department came after him and I believe Sergeant good came at like within that I don't know with how how many minutes but was pretty pretty close your first arrive on scene and then melany comes a couple minutes later yes about how long was it between when officer millenni arrives and when the fire department arrives um couple minutes I don't then at some point after that a sergeant good comes is that correct that's that's correct Sergeant good is a sergeant with your department that is correct okay now the fire department when they arrived um you recall what type of apparatus they had that that arrived on scene I believe it was an engine they usually come with an engine and an ambulance so to your recollection it was at least an ambulance in an yeah yes when you were in transit sort of coming from the church parking lot next to the station to 34 Fair viiew um what if anything did you have activated on your Cruiser as far as lights or Sirens or anything like that I believe I had my I might I have my blue lights on I'm not I'm not sure as far as the time that you're coming this is shortly after 6: a.m. in a blizzard was there what if any sort of other vehicular traffic Did You observe in route from church parking lot to 34t there wasn't any that I can recall so you go to get your a device from your Cruiser is that correct that's correct and um around that time that you're retrieving that what what happens uh F FD uh the fire department um came on scene and they took um over care of uh Mr [Music] o'keef now Beyond sort of um just checking pulse as far as um around that time when you were checking the pulse in the crowed area for mrke uh what if any other observations did you make with regard to any injuries or anything else uh on Mr O um well when I first got there the um you know he had blood on his face and it was just wiped away so that that's the only so there was blood on his face that was wiped away that's [Music] correct now when the fire department arrives on scene and they sort of take over resuscitative efforts with regard to Mr o'keef is that correct that is correct and uh the person you identified as uh Miss Reed firstly uh do you see that person in the court room today I do could you just identify as to where she's seated or an article at the at the table right there black just ask record to reflect identification by the witness yes after the fire department arrived when they sort of take over resuscitative efforts with regard Mr o'keef what if any observations did you make of of Miss Reed and what she was doing or saying at that Miss Reed was um visibly upset um she kept saying um this is all my fault this is my fault I did this um and she was very hysterical and she kept she kept asking um um he's dead is he dead is he dead and with that spefic cic phraseology that's something that she kept saying yes and by your repetitive nature I'm assuming it was said something that she said more than once several times correct and when she's saying this can you describe sort of how she's saying this I mean is it a a whisper is it a scream or is it something she was yelling pretty good and with regard to her repetitive question as far as uh I he dead what if any response did you provide to her in regards I just said they're doing the best that they can I don't [Music] know now at some point um at some point did you direct Miss Reed uh the defendant to somewhere else away from Mr oi yeah I I I tried to get her out of the um the elements I put her in a car I don't know if it was my cruiser or another Cruiser there but I I I had her sit in the back seat just to get out of uh the snow and did she stay in that Cruiser for any she stayed in for a few minutes and then she was like up and down up and down so sort of in and out of whatever car you put her into that's correct when she would come out of the car where would she go she was just walking around I I from what I remember now with reference to M Mr o'keef he's laying on his back back um on the ground that location where was that in in relation to the roadway at Fairview Road I would say about 20 feet off the road uh so if it's 20 feet off of the road is it fair to say that was on sort of the front lawn of 34 fa yes that's correct and at some point the fire department uh takes Mr O'Keefe's body off of the lawn is that correct that is and where were you in relation to Mr o'keef when that happen I don't I don't remember and from if you don't remember do you recall anything about sort of what the ground looked like when Mr o' was lifted up I don't recall I didn't now that area around where Mr O'Keefe was um when you initially come up you see him on the ground and you check for pulse if anything did you note uh around Mr O'Keefe's body as far as the condition of or disturbance of of the snow around um I noticed that there were Footprints and track marks around the body itself there was none coming from the residence um or the area it was just right around the the the body itself and so the position that Mr o' is lying on his back on the lawn correct correct is his head closer to the house or the street or something else I believe his head was um closest to the house and the footprints that you're talking about was that between sort of his feet in the street or above his head or where was it in relation to basically all around them because people were walking around them and as far as Beyond sort of the immediate area above his head between his head and the house what if any Footprints or what if any disturbance snow did You observe up there I didn't see [Music] any now officer Sarah about how long was it that you were you were on scene uh I want to say about an hour and hour and a half and uh at some point the fire department transports uh Mr O from the scene is that correct that is correct and do you know to to what fa facility he was transported to I don't recall what where they went and after Mr O was taken away by the fire department uh as far as the three females Miss Reed Miss mccab and Miss Roberts do you know where they went or what what they did following that um they after talking to um um Sergeant good they left in their car to I don't know where they went the car that was there they left now at any point in the time that you were on scene before they left did you have any conversation with any of the three of them I I asked you know where were they what happened and what were they doing and who specifically you talk to if you recall well I asked I I asked Miss Reed and she she couldn't really tell me too much about what what happened um Miss mccab said that they were drinking in a couple bars downtown let me just stop before as as far as so just sticking with Miss Reed you asked her what happened and you indicated she didn't really tell you much what no why not what what was her condition like at that point she was very upset so the same upset that you were describing earlier did that sort of continue throughout the time that that she was on scene while you were there I would say yes um and at some point did you speak to miss McCade without reference to what she told you I'm sorry at some point while you're on scene did you speak to either miss mccab or Miss Roberts without reference to what they told you no I mean let me let me rephrase repase yeah at some point when you're on scene did you have occasion to have a conversation with Miss mck yes okay and at some point when you were on scene did you have occasion to have a conversation with Miss Roberts I didn't speak with Miss Roberts I don't believe okay um was there someone else from your department that was speaking with Miss Roberts on I you know I believe uh Sergeant good or or officer um mullany was one of the other two officers that were there correct now following Sergeant Goods arrival uh who if anyone else from your department arrived on scene at some point uh detective link detective Sergeant lank and um Lieutenant Gallagher and if you know when was when was their arrival in relation to sort of when when you arriv um it was light up so I want to say maybe 7:00ish and so for the period that you were on seeing you said it was about an hour hour and a half is that correct that's that's about right the weather conditions that you describe sort of when you first arrived what if any change occurred in in the weather conditions from the time that you arrived and the time that you left um the conditions lightened up a little bit I mean it was still snowing but still snowing still cold correct yes correct the wind was that still persistent as well oh it's [Music] yes now at some point after Miss Reed uh the defendant left the scene did she come back she did and do you know how long a period it was that she was gone between when she left and when she came back just a few M um excuse me a few minutes and do you know why she came I don't know and uh when she returned to the scene if anyone did you speak with her further at that point no who if anyone Did You observe her to to be speaking with I don't I don't recall now the initial ambulance that showed up took and transported Mr O'Keefe is that correct that is correct now after that ambulance left and Miss Reed came back to the scene what if any other apparatus from the fire department arrived on seeing at that another ambulance came and Co if anyone went uh in that ambulance uh for transport they took U Miss Reed to the hospital and do you know what hospital did she went to I don't Rec [Music] call I have one moment yes [Music] it's and you if I may I request the the lights be dim okay could we dim them please M Gilman if I could have exhibit number eight up on the screen thank you very now officer SAR do you uh recognize what's depicted up on the screen as exhibit number eight yes what do you recognize at it's uh the house um 34 Fairview and that's uh the house that you responded to on that date is that correct that is correct Y and what's contained in that photograph is that a fair and accurate betrayal of what you observed roughly when you arrived on that date yes may approach yes direct your attention this this is just a I'm try not basically this button here you just CLI on that shine um so from this Photograph and exhibit number eight sir uh where Mr O's body was when you first arrived is that visible in this Photograph or no um I would say it would be over more to the left okay so further off to the left is that correct that's [Music] correct before we get to that uh just briefly um Miss Gilman if I could have exhibit number 13 could please enlarge thank now officer Sheriff do you recognize uh what's contained in this exhibit number 13 it's it's a [Laughter] street fair enough appr witness yes sorry so what I placed before you as exhibit 13 as that what up on the [Music] screen yes this is is this is okay and is that a fair andac betrayal of what Fairview Road looked like around the time that you were dispatched and arrived on scene yes absent uh the lighting condition you mentioned it was dark when you arrived correct that is correct so this is sometime after when the sun is come up correct um if I could ask you to flip to the next exhibit number 14 if I could have that one and again officer what's up on the screen is that what you have before you as exhibit 14 yes and you were testifying earlier about sort of footprints in and around where Mr o'keef was is that correct that is correct and what's depicted on the screen in exhibit number 14 is that fair and accurate betrayal of the footprints that you were talk yes may I approach the witness Ro yes [Music] so now I'm showing you what's been marked as exhibit [Music] 18 thank you m k if you could enlarge that just a little bit more thank you so much um now from this Photograph first and foremost do you recognize what's depicted up in exhibit 18 on the screen here yes and this is 34 Fair viw row correct that is correct and in regard to uh you had mentioned some sort of landmarks off to the left side of the property facing the property from the street correct yes and if you could using that um lasor pointer that I placed up there before you if you could direct the jury's attention to First those landmarks that you I'm sorry officer if you could while you're you could just describe what so that's there's the flag pole right there there's a bush there and right there I believe is the uh by hydrant and so where in relation to this Photograph if you can see it here was Mr oi's body when you first it's right in this area right here now if I could turn back just a moment when you indicated that you were coming up to the scene and you could see the three females sort of waving and Mr O'Keefe on the ground correct that is correct about how far away were you from them when you first observed them or first saw them 20 ft or so and when you are driving down Fairview if you could describe to the jury where is your direction sort of where are you directed as far as you're driving a vehicle are you looking straight in front of you or you looking out the window a combination of both or or I was looking for the house the house numbers trying to find the house where it was and and there was I saw the the um the motor vehicle parked on the side of the road and that sort of leades my next question sir so what did you see first did you see the vehicle parked in front of you or did you see the people off to the side I saw the vehicle may approach yes this so officer Sarah you had testified earlier in regard to a uh camera within your Cruiser correct that's correct and subsequent to that day have you seen um the video of uh your arrival to the scene uh from the cruiser camera perspective I saw it once okay and uh you're I would SE to introduce and admit as the next exhibits uh the cruiser camera stream uh one from Cruiser 683 is there an objection okay thank you sorry I can cross I'm sorry for the back and forth Mr but if I could ask Li Miss Gilman if you could play what what's now been marked exibit 25 and if you could just pause it right there m so officer sarif what's up on the screen uh is that what you recall as far as the sort of visibility and the roadway conditions when you first left the church parking lot yes and uh this is you sort of leaving from the church parking lot uh as you're going to 34 F correct yes now there are a number of different sort of things up on this screen uh there's an indication as far as the uh speed that the vehicle is is going in correct yes where is that located if you could with the uh the laser pointer there s oops sorry now along sort of the bottom of that uh particular um video there's an indication as far as mic brakes lights sign correct correct if those are activated is there any sort of change in in sort of the the depiction there does it change sort of color or anything like that that you're aware of I don't know and uh the 683 on the bottom right corner is that the cruiser that you were in that day yes that's correct now as far as sort of the top middle of this video uh there's a date and a time is that correct that's correct as far as you're aware of that date and time that's up there that's accurate to to when this occurred correct yes so we're sort of looking in real time correct correct okay um so miss Gilman if you could uh just let it run from this m g I'm sorry you could stop just so officer sff this road you're traversing at this point this is Washington Street is that correct that is correct and at some point you're going to then travel through and then take a right on a Fairview is that correct correct okay if you could just for the jury's sake as you approach Fairview and as you're taking that right turn just direct their attention to the fact that that's when you're turning on the Fairview sure M Gilman you can go ahead oh [Music] so this right here is Chapman Street [Music] [Music] [Music] go e [Music] [Music] [Music] [Music] this right here is um Fair View pause Point uh so officer similar to as the turn on to Fair viw um at some point if You observe uh the point at which you believe you sort of illuminated your Spotlight on the side of the cruiser if you could just uh speak up and draw the T jury's attention to that as well okay Miss Gilman if you could Contin for [Music] [Music] right about now I I believe I put the spotlight on thank you sorry if you could just sort of run it from this point to about the four minute Mark and then I'd ask you [Music] [Applause] he [Music] [Music] damn right there now s this is your test ly earlier as far as the vehicle in front of you that you observe first and then sort of the part is off to your left as far as the three females waving and Mr O'Keefe on the ground correct that is correct and if you could just using that laser pointer direct the jury's attention to number one where the vehicle is that you observe in front of you and then number two Where You observe the three females and mrke on the ground so here's the the vehicle right right there and the the femals are right there now miss Gman if you wouldn't mind just running this uh straight through until about 7 and a half [Music] do he have problem you left [Music] [Music] huh for I for I [Music] uh just want M your sure I have no further questions to this witness Johan all right will there be a cross exam because this may be a good time to stop if there is there will be a cross- examination okay so um jurors we're going to stop for the day uh I have to caution you those same three cautions please do not discuss this case with anyone don't do any independent research or investigation into this case if you happen to see hear or read anything about this case please disregard it and let us know and just to remind you tomorrow will be a half day we'll go for 9:00 until 1:00 with a M morning break so thank you very much we'll see you tomorrow all eyes please J close your notebooks and leave on your chairs press Ro follow me please all right could I see councel at Side by for a moment [Music] please e e e e e e e e e e e e e