Transcript for:
Tully 2024

thank you good afternoon sir good afternoon would you uh please state your name and spell your last name for the Jer Brian Tully t l l y and uh how are you with the massachusett state police and how long have you been a member of the state 18 years and uh what rank or assignment do you currently have with the Mass state the rank hold is detective lieutenant and my current role is the unit Commander for the North Fork State police detective unit and now how long have you been um let me ask you first as far as how long have you been uh Lieutenant of the State uh I was a first lieutenant um in 2021 and then I attained the rank of detective Lieutenant uh later in 2021 and with reference to uh your current unit how long have you been a member of that I've been with the North Fork State police detective unit for 12 years and prior to and throughout the course of your work within the detective unit uh the noric DA's office for the State Police uh what if any specialized training uh have you received and or given in regard to uh investigations and how they uh for the first 10 years as the rank of trooper and Sergeant I was on the homicide section of the unit um PRI when first entering the unit I received instruction on how to conduct homicide and death investigations and in addition to that uh I uh attended over 200 hours of specialized training in the use of cell phones and cell phone technology in the furtherance of criminal investigations um further on I have now um been an instructor about cell phones and cell phone technology and criminal investigations I've taught uh death inves investigation classes around the Commonwealth and uh as well as search and seizure law in Massachusetts now if I could ask you just uh with respect to your unit um if you could explain to the jury sort of what is the role and what is your unit do with respect to death investigations uh within North County so each district attorney's office has a state police detective unit assigned to it so Mass General law section 38 section 4 says that the district attorney is in charge of all death investigations so if someone passes away essentially not in the presence of a doctor or the circumstances that led to their death was out outside the presence of of Medical Care the district attorney is in charge of the investigation or their representative and so each DA has a state police detective unit assigned to them to act as their representative in certain jurisdictions like Boston Worcester and Springfield the Das in those Counties have said that those local departments can be their representatives but throughout the Commonwealth the state police is the DA's representative in those death investigations now as far as assignments go or as far as um how how is it that uh well as as far as how an investigation is run um how is it that a call comes in if you could take the jury through sort of from the time that a call comes in how that investigation I'll talk in a typical State uh often times someone passes away again not in the presence of a doctor gets found by somebody a loved one a friend a passer by they call 911 which gets routed to the local police who respond and come to learn at their someone has passed away in the circumstance that police department will then call the troop uh headquarters on the state police the state police is cut up in different troops by geographic location um each troop Duty Lieutenant would have a list of who the on call person is for the state police detective unit of jurisdiction they would then call that troop or a sergeant directly to inform them that there's a death in a certain community and give them a telephone number to contact somebody who's directly unseen to get more information now as far as uh your role as as sort of the the supervisor lieutenant in charge of the unit can you describe to the jury sort of what your role is in regard to those investigations So within the detective unit we have the homicide section a narcotic section does narcotics investigations and uh a special investigation section so specific to the homicide section um there are certain levels of supervision um we have a sergeant assigned to the homicide section uh I have an executive officer who's a lieutenant and then me so C multiple levels of supervision uh specific to any of the sections including the homicide side section now turning your attention to January 29th 2022 at some point did you become aware in the morning uh with regard to a uh a death within the town of Ken yes and uh what if any when did you become aware and how did you become aware initially of of what had transpired Surly after 7 a.m. that date I received a call from Sergeant Yuri buenik informing me that a person by the name of John O'Keefe was found unresponsive in can he was transported to good Samaran hospital or was expected he was not to survive um normally I would not get a call like that um but the we learned that Mr O'Keefe was a active Boston police officer so Ser mcken wanted to make me aware of it um at that point and so then what what happened from there as far as your units involved so uh as we learned more information about um what was found on scene by the can police department um Trooper Proctor who was the on call Super excuse me the on call trooper that day on the schedule and SJ muken uh responded to Canton Police to begin the investigation and they would keep me updated as they learned more information now as far as your unit is concerned uh what if any role does does your unit have or what if any jurisdiction does your unit have with relation to um any kind of death whether it be homicide suicide unattended death within the confines of North County uh we have exclusive jurisdiction by law but the law also suggests that we need to work with the local police department as well and so how is it that typically in a typical investigation that your your unit would work in conjunction with the local police department uh in relation to a death investigation their detective unit would be involved if they have one in the some departments in northal County don't um they would stand by to wait for our arrival um there'd be constant communication between the responding trooper and the detective on scene about things that need to be done prior to our arrival um but essentially um ask for our or wait for our guidance on what to do next and as far as certain investigations go are there decisions sometimes that are made with regard to your involvement or maybe your unit not being involved in in a death investigation yes and how are those determinations made and who makes those determinations it uh it falls through either the person who's on call or their supervisor we don't respond to all of those calls so a police officer may call and say um that a woman in her 80s has passed away in bed overnight um do her primary care doctor has said that she struggled with um cancer or treatment um and that that doctor is willing to sign a death certificate and those circumstances it's not suspicious um it's not a suicide or fatal opiate overdose we would not respond in that case um that would be one that we would decline uh in other circumstances we may get the call and then learn that the person's going to survive and so we will not um respond we typically will mirror whether the office of the chief medical examiner if they're involved then we'll will definitely be involved now turning to that point as far as the office of the chief medical is concern um in any sort of death investigation that your unit is involved in what if any involvement or communication uh uh do troopers from your unit uh or yourself have with the office of the chief medical ex we have constant communication that the law that I cited also says that the office of chief medical examiner has exclusive jurisdiction as well um to determine the cause and manner of death so we work closely hand inand to figure out the circumstances that led to the death as far as working close uh hand in hand uh with the medical examiner's office what does that sort of typically entail takes a turn of phone calls we'll call in and speak to the the intake person or the onall doctor to tell them what we've learned or what we're observing uh we will We forward reports in every case um to the doctors they understanding at least what we learned in the first 24 hours doctors will often reach back out to us asking for scene photographs more reports ask questions um and in instances where it's a suspicious death we will send an investigator to the autopsy to stand with the doctor to make observations and answer any questions for the doctor now as far as the determinations that are that are ultimately come to by the medical examiner [Music] Lieutenant as far as any determinations that are made with reference to either cause or man or in any instance with medical examiner what if any um role do uh do you or anyone from your unit have with regard to to that decision by the medical team we we have little to no role outside of providing information and as far as the the determination specifically whether it's Mana or CA uh as what what of any impact does that have with regard to any death investigation uh well the cause will give us a big incident so we want to know if the person died of a heart attack or if they died of a gunshot wound um that's big when it comes to then making charging decisions about circumstances so um it's important to learn learn the cause um and to get the the doctor's input on the manner is also helpful but as far as the manner if the manner is uh found to be undetermined would that impact of what you've learned through the rest of the course of your investigation as far as charging go no that determination by the ocme is often in the early stages of investigation and as we learn more information um the circumstances can change and the determination that is made by the medical exam or that's strictly from a medical perspective correct correct now with regard uh to January 29th 2022 and this call that is initially received um super Proctor in Serge of a canic uh then essentially respond to the Canon Police Department first is that correct yes and as far as your role as it pertains to this or any other investigation how much involvement do you have or how are you sort of apprised of of what's going on uh Sant muken in this case and in typical cases he's keeping me updated by telephone um so I can supervise from anywhere with my cell phone he's giving me updates about what he's learning we will discuss what the next step should be um and that's what transpired over the morning of January 29th now over the course of the morning of January [Music] [Applause] [Music] 29th over the course of the morning of January 29th what if any conversations uh did you have with relation to C Police Department's involvement uh or ongoing or further involvement with regard to this investigation I had spoken with the acting chief of the time the current chief well excuse me the chief of the time Kenneth burwitz about the involvement in the C Police Department we talked about the the homeowner where at 34 Fairview and his relationship to his department and because of the appearance of a conflict we made had made a decision that the Canton police was going to take a step back from the investigation and that the state police would would do the investigation without them now as far as that appearance of a conflict or step back as as you term it what was your understanding uh at that time as far as what what the role of the Cy police would be uh really to provide support So when anytime we're in a local community we need the support of the local police if we're going to start knocking on doors we want to make sure they're aware or present um they have resources in town whether it be lights or or barriers that we may need to to access so um I would Define it as a support role now with respect to those conversations you mentioned that you had yourself and with the then acting the then current chief uh Kenneth Burke with who if anyone else was involved in those conversations uh the district attorney that would be Mr morrisy is that correct yes is that abnormal for him to be involved in conversations in regard to uh a police department and any sort of appearance of conflict uh no it's not abnormal for him to be involved and as far as his involvement uh in his conversations as far as you're aware did they evolve or were they any greater or less than than the conversations that you had which you work with no they were the same conversations let me ask you this Lieutenant at some point over the course of this case or at some point over the course of this investigation did you become aware of certain text messages on Trooper Proctor's personal f yes and uh upon your being made aware of those text Communications what if anything did you as a supervisor what if anything you do I had a long discussion with him about the content and nature of them I express my expressed my displeasure as unprofessionalism and um the content of them and then I reported up my chain of command was he admonished in any way um he was by me at that conversation yes now sir again just sort of in general terms uh you're familiar with this investigation as you're supervising the unit that was investigating it correctly yes now is it typical practice uh in conducting homicide or death investigations as far as civilian Witnesses are concerned uh to seize their personal self um it's not uncut it happens yes and is that a practice that occurs with respect to every single witness in every single case no and so what are sort of the parameters or what would be some of the reasons that certain civilian Witnesses cell phones would be seized versus others well use the word seiz so when I think of the word sees I'm thinking in the legal context where I think there's there's probable cause to believe is more likely not there's evidence of the crime of investigating held within the data of that phone um sometimes if if we believe this information on the phone we may ask for consent um for that one specific um thing or for that one specific reason but um outside of that unless I have that belief this data on a phone I won't ask for consent or seize a phone and pursue a search warrant now are you aware of certain cell phones that were either seized or or granted access via consent uh in relation to this investigation yes and specifically Mr O's phone was taken into custody correct yes and the defendant's phone was taken into custody on January 29th as well yes now as far as civilians there were two uh civilian Witnesses uh whose phones were given via consent and then extracted that being a Jennifer mccave and a Carrie Roberts correct yes and so why was it that Miss mcc's phone and Miss Roberts's phone was taken versus some other way they had information relative to the the actions of Miss Reed and the communications with specifically those two individuals on the morning of the 29th so we wanted to memorialize them and save them now sir with respect uh to your involvement on January 29th um where and when uh Did you sort of leave and and become involved uh in the investigation Beyond sort of a supervisor uh shortly after noon time we had learned more information that um necessitated a broader search so I had reached out to Kevin excuse me Lieutenant Kevin O'Hara with the state police SE team to assist with um processing of a scene and so since we were going to be processing a scene uh it was prudent for me to leave my house dig out and drive to Canton Sir with respect to uh you mentioned dig out from your house um what what were the conditions like around the time that you were leaving um there was probably 8 to 10 Ines at the house so I had to dig out my driveway and the large snow bank at the end of the driveway that's caused by the plow um in order to get a vehicle out and head to Canton and where is it first that you were heading to I first went to the Canton Police Department to talk to Chief burkowitz when wait for the arrival of the C team and then to 34 Fairview and as far as the C team was concerned if you can explain to the jury sort of the process from your perspective from your end as far as activating the C team what it is that they do and why you had request um we work with Lieutenant O'Hara frequently I called him on a cell phone um and the C team is out of a different chain of command so the state police is very paramilitary organization with specific chains of commands with different structures so I reached out to him and asked for um his assistance with this investigation he had to get further approval up his chain of can Mo mostly for overtime and to pay the Troopers to come out um that would be the way that I would ask make a formal request to the SE team and so the initial phone call that you make to Lieutenant oara you don't have the power or the authority to sort of direct him to to dispatch his team and go to 34th fa correct correct um and so as far as that initial phone call that you made to Lieutenant Hara do you know about what time day that was it about 2 in the afternoon and and what was the purpose of sort of that initial phone call that you made to lieutenant or house uh to give him a heads up because it needs to be a conversation uh up my chain of command so above me there's a detective captain and a major U my major needs to really talk to his major to make the formal request but I wanted Lieutenant O'Hara to be aware the request was coming so that he could at least St polling his people to see who was available to respond to Canton and with with respect uh to the weather if you could uh just in general terms describe for the jury sort of what you observed as far as the weather conditions on that um I observed the blizzard like conditions it was snowing heavily windy low visibility got yes [Music] and do you recognize those sir I do and what do you recognize those to be they are certified records from the US Department of Commerce out of Asheville North Carolina for weather reports from Norwood Memorial airport Massachusetts um for the dates of January 2022 and February 2022 so for the entirety of the months of January 2022 as well as February 2022 correct yes and are you familiar with the Norwood municipal airport and where it is in relation to the town of Canon yes where is it it's the next town over and as far as um are you familiar with a Neponset Street in Norwood I am and there's neonet Street also carry into the town of kenon as well yes and with regard to 34 Fairview Road about how far away is 34 Fairview from Neons Street uh from neon Street it's a mile two miles relatively same geographic area as far as uh the nor municipal airport and 34 Fairview Road yeah I would say as the crow flies from 34 Fairview to Norwood municipal airport that's probably 3 miles and Sir with regard to um the records before you um from your memory of that those dates and those times in January and February 2022 is that a fair and accurate portrayal of what the weather was like uh temperature- wise as well as precipitation yes I love that question yes may approach yes I'm introduce minut to see me and so Lieutenant at some point you respond uh to 34 Fair viw room is that correct yes and uh do you recall about what time it was that you arrived there about 5:30 p.m. and when you arrive there uh who if anyone else uh from the state please pleas proceeded your right there was at least two members of The Sur team present including Lieutenant O'Hara and if you recall where were they located in relation to the residents they were directly in front of the residents um now as far as um their search was concerned um how was a determination made or who if anyone made a determination as far as where where they were going to search so typically when I work with Lieutenant O'Hara um I kind of give him Direction so in this case specifically I learned from sanra buenik that Mr o'keef was found uh in an area between the flag pole and uh the um fire hydrant so we concentrated that area and so I talked to Lieutenant ohhara that this is going to be our parameters and he instructed his people how to deploy uh or to that area now sir as far as Beyond sort of directing as far as an area is concerned what if any other involvement do you typically have when it comes to the certain team and and how they conduct their they're professionals with expertise in that so essentially I just point them in the direction and it's up to them to figure out how to deploy it and get the mission done and so what if any involvement do you have as far as when they begin and how many people are involved or when they end or anything like that uh I'll have some consultation with Lieutenant Ohara but it's really his call to make and as far as um this particular search on January 29th you know how many members of the search team eventually responded and and how the search was conducted there were seven members uh most if not all had typical uh snow shovels and they Ed those shovels to systematically go through the snow bank that was in front of 34th fa view Within These two parameters and over the course of um now as far as where they were searching um can you describe sort of the the road conditions as far as as um snow removal had had concerned or where the precipitation amounts were concentrated within with respect to the road so the road was only plowed really right down the middle um barely two vehicles could get by at a time the banks on either side of the road were protruding into the road um so uh that was kind of the snow setup um our Cruisers were just kind of buried in snowbanks a little bit down the road um as we excavated this and Sir as far as this search was was concerned what if any information did you provide to Lieutenant o' har as far as uh items being searched for or what was he directed to be looking there were two items specifically we were looking for um potential pieces of a tail light of a vehicle and a shoe and as far as a shoe and potential pieces of a tail light where did that information come from or why was were those the it it that were being relative to the shoe um when Sant buenik and troa Proctor responded to good Samaran hospital and collected the clothing of Mr O'Keefe they realized that there there was only one shoe present at the hospital they had contacted the Canton EMS and other people who cared for him and they' learned that um a shoe wasn't removed at the scene and that U when Canon Fire EMS arrived Mr orke only had one shoe on so uh it was important to locate that second shoe relative to the tail light we had gotten information that Witnesses stated that M Reed's vehicle had a broken tail light and so we were looking for evidence uh of it being broken at that location and respect to the search that was conducted by lieutenant o' and members from the C team where was that in relation to either the roadway or the the front lawn of of 34 fa well as we were Excavating this or as they were Excavating this snow bank in front of it we realized that the snowbank protruded about 3 ft into the roadway so as they were moving this first part of the snowbank we're essentially shoveling the road um and so as they continued on there they would then hit the the curb area and as far as beyond the curb area as far as grass or the front lawn was the 1 team members from your observations able to go beyond the curb into the front lawn area no they having difficulty shoveling uh with plastic snow shovels onto the lawn from the lawn Your aror Man oh ask sorry Lieutenant s with respect to the search team uh in their search what if anything did you do to document and memorialize uh their efforts as far or as far as any items that were covered I took photographs of items that were eventually found in place and documented them in a report and um they were collected in evidence bags may approach W sh yes I may have one moment joh yes and Sir with respect to I'm going to place before you two I'm direct your attention to what's been Mark as 111 through 134 and just in general I'm just going to ask I do what do you recognize those the photographs that I took that afternoon may I approach just yes [Music] I don't want to believe the point but if I could just uh publish just a couple of these exhibits if I can have exhibit 11 Lieutenant there should be a uh laser pointer on the desk before you um if I could ask first of all do you recognize what's uh up on the screen as exhibit 111 yes and what do you recognize that to be the front of 34 Fairview Road in Canton and the flag pole I previously mentioned and if you could using the laser pointed just direct jury's attention to what if anything of significance You observe this so this picture was taken to memorialize this um piece of red plastic here and this G if I can have ex 114 again Lieutenant do you recognize what's up on the screen as exhibit 114 yeah and if you could using the laser point director J's attention to what if anything significant observe it it's that same previously mentioned uh red plastic uh the purposes of the multiple photographs I'll take one as overalls and as I get closer I'll take more photographs to get better context and these photographs of these items uh were they take in the items that you're photographing were they moved in any way prior to you memorializing them with photograph yes this piece in particular certain team member as he was removing the snow with the shovel had picked up this piece of plastic with it um I asked him to place it back where he found it where it approximately was so I could memorialize it in place was picked up and you asked him to put it back where he found it and he did so yes uh Miss yman if I could have exhibit 117 and again Lieutenant you recognize what's up on the screen as ex 117 yes what do you recognize that members of the C team doing their excavation of the snowbank M Gilman if I could have exhibit 120 again Serge you recognize what's up on the screen as ex 120 yes and if you could using the laser pointer direct jury's attention what if anything of significance You observe in this phot a black Nike sneaker with a white sole that was recovered in the snowbank and at some point subsequent to this what if any comparison did you do visually with the sneaker that you observed in this Photograph uh with respect to the sneaker that was recovered from the Good Samaritan by trer bror and Sergeant mcken they matched both in mon model size the shoe that was recovered by the Troopers uh at the hospital was a right sneaker this one found was the left or a left Miss Gilman if I get out photograph 127 and again sir do you recognize what's up there as 127 yes and if you could uh using the laser pointer direct the jury's attention to what if anything of significance You observe when that a clear piece of plastic now with respect to this clear piece of plastic what if anything did You observe or did you note a significance as far as the um surface of that particular piece of clear plastic I noticed that it's curvature in shape uh and there are raised um dimples for lack of a better term that were along uh the outside of this piece of plastic on one side of it now miss Gilman if I could have uh lastly from this group exhibit 131 and again Lieutenant do you recognize what's up on the screen is 131 yes what do you recognize that that is a photograph that I took at 34 fa VI that depicts a red piece of plastic down now with respect to the items that were observed um in Photograph by you uh on January 29th during search team search what what happened with those items they were collected placed an Evidence bag and brought back to our offices to be secured and um if you could um as far as the evidence sort of system is is uh conducted uh with regard to this case and other cases and investigations uh within your unit can you explain to the jury that process so sort of when an item is seen uh or an item of evidentiary value is seized what happens well uh first to provide context by Paul I Am The Evidence Officer for the unit and I have assistance EV evidence officers who assist me in uh the caretaking of the evidence so uh we'll use this particular instance where evidence is collected at a scene it's memorialized in place uh placed in um if it's the right shape and the right condition in a a paper bag um with some notes placed on the outside of the bag transported to our office where it's secured either in the temporary Locker or the permanent evidence area and as far as when it's taken in a custody and put into a bag um what is sort of the protocol or the policies with regard to uh how that bag is marked or what is done with that bag once once you have the item contained there there's certain piece of information that will typically go in the bag uh the name of the person who is picking the evidence up put in the bag the date time location a brief description of the evidence contained in the bag it will then be taped and initials will be placed on the tape to memorialize who did the taping and the date in which the taping occurred and as far as the supervisor as far as um evidence is concerned you mentioned that there are some evidence officers for assistance to you as the actual Evidence Officer yes and at this time in January 29th 2022 who were those evidence officers officers within your unit relative to the homicide section it was troop of Jeff kotowski and Troop of David the chico now with respect um to to the evidence storage uh at your office can you explain to the jury sort of how that's managed where it is and and how items are checked in uh to to evidence once they're s we have an Evidence tracking system um so as evidence comes in we place it into the system uh a label will be created and placed on the outside with the case number and an item number specific to that bag it will be placed into um the evidence room which is lock in two different methods and has an alarm code pad and you need your ID pass to swipe in order to enter and only certain members of the unit have access and know the code to the alarm um me obviously being the one and the two assistance EV evidence officers and that's subject to inspection by the state police frequently and so correct me if I'm wrong but at this time it's essentially yourself tro and TR Kowski who had access to that evidence storage area yes now with respect to the remainder of the Troopers within your unit would they have access to that same evidence storage area no now with respect to your unit at this time January late January 2022 how many troopers were in your unit or under your supervision in the second unit at that time there there were 13 under my supervision for the unit as a whole specific to the homicide section there were uh four Troopers and one sergeant and that number as far as sport Troopers in one Sergeant is that sort of a typical number a low number High number uh historically for Northfork there was a low number we have since had more transfers come into the unit how many do you supervise within the homicide unit at this point uh one sergeant and seven Troopers now with respect to the evidence storage area is there sort of a a temporary versus a a permanent storage area contained within that that um locked and coded storage area yes and can you describe sort of the difference uh between the two and and how things are managed uh by either you or your assistance with regards to evidence within the the lock stor so because only essentially three people have access to the permanent storage area if a member collects evidence and brings it back to the office uh and does not have access to the main storage area we have another temporary storage area that is allowed by policy where that they can then secure the evidence um the next available time the person who has access to the main room will come in and transport that piece of evidence from the temporary area to the permanent area as far as that Transportation or or transmission from the temporary area to the permanent area um what if any sort of documentation is generated in regard to into that um there's no notation from one location to the other as Allowed by policy and as far as when items are seized and when their labels are sort of printed in relation to those items is that always done sort of simultaneously when the item comes in or or how is that typically done time well same with the label printing system so only the evidence officers have the ability to create the labels and put it into the system so you you need them to create the label so if a member comes in doesn't have access to that system um place in temporary storage area at the next available opportunity for an Evidence Officer or assistance Evidence Officer to arrive um know that his evidence there and process it place a label on it and stick it in the permanent storage area now with respect to those items uh that you recovered from uh 34 Fairview Road at the roadway in front of it um where were those items located uh with respect uh to each other they were um in total within a 5ot area so if you're looking at the house from right to left was how they were found first was that first picture you you displayed which was the red piece of plastic uh about 3 ft from that was the the Nike sneaker about one or 2 feet to the left of that uh was was the clear plastic and just next to that was another piece of red plastic along the curb of the road and uh as far as those items that were recovered in bagged and placed in evidence on January 29th did you have occasion to bring those items with du to court today yes any a approach yes sir I am presenting you back brought my own um we said first just with reference the adem my place before you do you recognize that yes and what do you recognize that to be the bag that contains the left sneaker that was Seas from 34 Fair View Road that day outside the the residence and uh you're honor with the course permission May the witness I removed that item from bag and display for the yes there than S place that in the back the call to se to introduce and Adit as the next exhibit okay exibit 569 yes sorry I'm handing you two separate bags those finish do you recognize each of those respective bags sir yes what do you recognize those the bags that contain the red and clear plastic pieces that were covered from the roadway in front of 34 fa wrote and Sir if you could just with respect to each of those bags read what is listed as a description on the outside of the bag to the jur the description on this first one is pieces of clear hard plastic tail light cover location 34 Fairview Road Canton and uh the second please the description is pieces of red hard plastic tail light cover location 34 Fairview Road Canon and J with the intermission I would ask that the witness be allowed to open each of those bags and display the items for the jury okay and Sir if I could ask you to to start with the red plastic okay [Music] is [Music] to introduce and mid those as the next exhibit all right Mr Jackson they're coming in um no objection thank you 570 Lieutenant before we get to the next item before you if I could just ask a couple questions in regard to the search January 29 2022 um about what time is it that you arrive uh in the area 34 Fairview about 5:30 and had yourself or any members of your unit or your knowledge been at 34 Fairview at any point in time prior uh to your arrival there that no I'll allow it as to whether he knows whether they're were or not no and about how long was it that you were on on scene at 34 Fairview that about an hour now with respect to when these items were found do you know approximately what time uh the first item uh sort of uh was was located by a member of the 1 team yes and what time was that 5:45 now with respect to at any point in time that you were uh on scene at 34 Fairview Road on January 29th 2020 was either tro Proctor or Sergeant mechanic on scene at 34 Fairview while you were there no and uh with respect to around that time as their supervisor uh were you aware of where they were or their location at that time yes and where was that they were following a tow truck that was Towing Miss Reed's vehicle from dayon to Canon now with respect uh to vehicle Andor the pieces uh of of red and clear plastic that were found by the C team in 34 Fairview Road on January 29th what if any conversation did you have with uh respect to Lieutenant oara in regard to the vehicle and and sort of the damage on the objection I'll allow that we wanted to know what we're looking for specifically Lieutenant O'Hara wanted to know what are we looking for and what what's the scope of the items we're looking for so we had discussion about how much tail light we believe was missing from a Reed's vehicle so that as we go along we know we would um think know if we had it enough or we had it all I should say and so with respect to that what if anything were you able to share with Lieutenant O'Hara with respecting this Reed's vehicle at that particular time I didn't have much information because uh it was still on a tow truck or being loaded up into the C police department at that time so I didn't have any actual knowledge of how much tail light we're looking for and prior to you leaving from the scene at 34 Fairview Road along with the C team on that date of January 29th even at that time did you know the full extent or or how much tail light you were looking for at that time no um now sir if I could ask you just to uh with P permission your onor remove the items from that second [Applause] Lieutenant uh from the two items that you have before you in your hand you would met reference to one of those clear pieces having some sort of stippling or or raised surfaces on it is that correct yes and if you could uh just with your finger or just in some way uh delineate to the jury uh where the where you observe that to be so on you can see it as you look through it you can see almost bubbling of it and as you run your finger along you can feel uh indentations uh along there as long as well as the The Ridges that are along the top end here that appear on both pieces Lieutenant if you could uh you can place those items back in the back would seek to introduce as the next exhibit okay no objection 571 you on am I um given the time and given where I am why don't you come to S say this going rather than while we keep talking I'm going to go ahead and send you home please do not discuss this case with anyone don't whenever you're ready Mr [Music] L uh good morning sir good morning uh again if you could just please State your nameer Brian Tully t l l y now Lieutenant Tully um you were testifying yesterday uh you were testifying in some part about um a search that you search excuse me that you did in conjunction with the seert team at the 34 Fairview on January 29th 2012 right yes and uh at any point in time uh did you or any other member of your unit uh conduct any search of the residents at 34 Fairview no and and why not we had no reason to believe that the evidence found within the home of 34 fa road now Lieutenant if you could um could you inform the jury a little bit about sort of search warrants as far as residences go and what is required in Massachusetts for you to uh to conduct a search so we haven't heard the question let's hear the question that was the question I'm sorry I thought it was you informed the jury about search LA and nwork if I didn't if I interrupted you complete your question I I did your a yes okay uh so it's Su stain that thank you as far over the course of your career you've conducted search warrants uh of people's residencies correct yes what do you need to do then a search warrant consent or exent circumstance and as far as a search warrant is concerned uh what do you what is what is needed or what is NE what is necessary in order for you to get a search objection Jody Jody tell Tim you be quiet so I I'm going to allow him to build a foundation so the objections over as governed by the Fourth Amendment of the US Constitution and article 14 of the Massachusetts Constitution law enforcement is required to get a search warrant if we're going to invade someone's privacy in order to obtain a search warrant I need to gather facts that I swear and oath and affirm that are true and accurate um that there is probable cause which means more likely than not that a specific piece of evidence will be found in a specific location it's related to a crime so I need to check those boxes order to obtain a search warrant through the trial court and what if any information did you have uh related to specific evidence of a crime in relation to uh the interior of the residents at 34 Fairview Road uh I didn't have any when thinking about residents uh in search warrants and evidence I need to put the evidence inside the house and so uh I don't believe that Mr O'Keefe entered the home so I had no Nexus to the house and what if any evidence did you have uh that Mr o'keef had ever entered the home in 34 Fairview Road on January 29th or on any other day I don't on the contrary I have evidence that um he was outside but I don't have anything putting him inside the [Music] residence now you're aware that uh or you testified yesterday that at some point while you and the Serge team were conducting the Serge 34 fairie uh the sergeant mechanic and jup Proctor were following a tow truck uh with the defendant's vehicle from dayon to the can police department correct yes and in reference to taking the vehicle to the can police department uh how was that decision arrived at uh what if any discussion or what if any other options that you have so s muken and I had conversations uh was ultimately decision of of where the vehicle is going to go and so we need to find a location that was Secure um indoors and preferably heated and so we start going through checklist of what's available so uh you start thinking obviously of State Police facilities so between dayon in Canton where our office is as well um you have the the Foxboro Barracks which was I worked out of the Foxboro Barracks the garage was probably not uh appropriate for that large vehicle to get in there it's an old building I worked with State Police barracks in Milton that's even worse with a smaller garage that's attached in inside of an older building um so the C Police Department was uh The Next Step It was kind of checked all those boxes it was inside it was Secure and it was heated now over the course of uh your career specifically within the um within the homicide unit of the detective unit of the District Attorneys Office approximately how many uh investigations have you uh LED or been a part of in relation to um let me first ask you this as far as far as your unit is concerned um how is how is it that um from a staffing perspective how is it uh that uh an investigation is conducted as far as uh certain roles or or can can you speak a little bit about sort of the roles that different people within your unit play uh with reference to an investigation just in a general sense within the unit we have different sections we have the homicide section narcotic section and special investigations um so each is kind of broken up into that obviously the homicide section will will undertake homicide investigations um but we work as a team so there'll be situations where you may need an all hands on deck just to get um some people out there so the narcotics folks will help with homicide investigations and vice versa the homicide people will help with narcotics investigations when needed you want may just have a moment yes now specifically when it comes to uh death investigation there's someone who's assigned as what you call a case officer is that correct yes and can you explain to the jury what the role of the case officer is and uh what if any other sort of supervision there is with reference that case officer the case officer is essentially the central collection point for the inves ation so they are the person that would gather the evidence the records um hold those records and then somebody needs to be held accountable for a to-do list or something to do supervisor would go to that one person uh as well as a district attorney's office would know who to contact about a certain case uh and then we'll go from there obviously that case officer U usually is a rank of Trooper especially when you're talking about unattended deaths they have a sergeant and two lieutenants that are supervising them in in that Realm and as far as interviews are concerned uh what if any sort of policy is there with regard to uh Troopers and how many would be involved in the interview of any any wit we would always have two people present either a trooper and a local detective or two Troopers um just one ask questions one take note taking it's just good practice and with respect uh to this investigation uh the locals as far as Canon Police Department was was not something that you utilize correct correct and again I know you testified a little bit about it yesterday but if you could uh just reiterate or expound upon sort of uh what your discussions were with the chief as far as can police department's involvement in this investigation going forward uh following the early morning hours of January 29th our conversation circled around in the early hours about the homeowner of 34 fa view which was Brian Albert has a brother Kevin Albert who was a detective with the c police department and so where we were we had essentially zero information about the investigation uh we wanted to uh remove any appearance of conflict by not having Kevin Albert or any of his co-workers involved in the investigation was that in the investigation in its entirety or the interviewing process or or how was that sort of delineated if at all uh definitely no interviews um they were not involved in any discussion um essentially the entire investigation and as far as the case officer is concerned is the case officer someone who uh particularly in a in a homicide investigation is is um as far as a decision regarding charging is is that something that a case officer would be tasked with no now turning your attention back uh to your testimony yesterday there were items that you had uh retrieved from um SE te search on January 29th correct yes and as a precursor um if I could uh ask you sort of over the course of your career and specifically within the homicide unit uh with the District Attorney's office about how many um death investigations homicide investigations have you uh been involved I would say uh in excess of 600 unattended death investigations um that I personally investigated that's not counting the those phone calls that um the calls I end up declining that I mentioned yesterday um in addition to that I probably have either worked or supervised um 75 homicides um and then getting back to the unattended deaths I've supervised countless since I've attained the rank of trooper and Lieutenant sorry sergeant lieutenant and with respect uh to your training and with respect to your experience um how many of those uh investigations have involved injuries which included abrasions probably 10 to 20% of them and uh if you could at least uh from your understanding if you could explain to the jury what your understanding of what what is an operas um with regard to the items that you uh recovered on January 29th uh there was one piece of clear plastic you testified yesterday had something that you term as stippling on the outside correct yeah I may have used the word dimples but yeah now with respect um to Mr O'Keefe at some point uh did you have occasion to view photos of Mr o'keef from the good maritan Hospital yes and with regard to the items that you recovered uh what if any significance Did You observe between those items and the injuries that you observed to Mr o'keef uh the injuries to Mr O'Keefe I noticed the abrasions had a certain pattern on them um and I know that when a blunt force object is involved in causing an abrasion the characteristics of the object that comes in contact with a person we'll often leave the characteristics uh on that person in the form of an abrasion and with respect to this specific case as far as uh any items recovered on January 29th and your observations of Mr o'i uh what if anything did You observe of any significance in relation to that uh I'd be comfortable on saying that the the marks of Mr O'Keefe are consistent with objection sustained now sir if I could turn your attention two other uh members of your units are are Troopers by the name of Trooper Dunn and Trooper Moore is that correct yes and on February 2nd 2022 are you familiar with um them retrieving some video in relation to this investigation yes and specifically uh from the town of Canton did they retrieve video from there yes and specifically what location did they retrieve video from from the Canton Public Library at 786 Washington Street and um are you familiar with them speaking with a gentleman by the name Mr jutus yes uh and he's an IT person with the town of can yes and as far as the time stamp um with regard to the video that was retrieved uh from the can Public Library what if any information do you have can reference that um whenever we retrieve video we want to ensure the time stamp is accurate as as we've learned um businesses are not always great about updating the timestamp so that's always top of mind when we collect video Mr jist ensured us that the timestamp on the video um was consistent and in real time now the following day of February 3rd uh you familiar with Trooper Moore retrieving some additional surveillance video yes and where did you retrieve that video from Temple Beth Abraham in Canton at 1301 Washington Street now as far as those two locations uh as far as the Canon public library and uh the Temple Beth Abraham uh are you familiar with where they are in relation to each other yes both located on Washington Street is that correct yes and about how far away from each other are they about a mile and a half now with reference to the temple video um what if any information did you receive in regard to the time stamp on that that that was also accurate now from each of these respective uh locations what time frames uh was Trooper Mo in one instance and Trooper more and Trooper done in the other instance uh what time frames of video did they retrieve from each of those respective locations from 12:00 a.m. midnight to 1:00 a.m. and from 5:00 a.m. to 6:00 a.m. and why was it that those were the time frames uh based on what you would learn to that point in the investigation why were those the time frames that uh the troop was looking that was we had reason to believe that those were the times that Miss Reed's vehicle was traveling in and around that area and get to that a little bit more in a moment but as far as Reed going to believe that uh that Miss Reed's vehicle was traveling in that area around those times what if any information did you have to uh to base that on uh we had uh statements video from the waterfall Bar and Grill um also on Washington Street a little bit further down um and the car departing in in that direction um we had information about a car that matched her description arriving at 34 V view at a certain time shortly before 12:30 a.m. and so um like we always do we do out a video canvas and look for video cameras from that first known point which would be the waterfall ball and Grill to uh the resident 34 vew and then from there from 34th vew to one Meadows AV which was the home of John O'Keefe in reference to the the morning hours uh between 5 and 6:00 a.m. uh the later morning hours between 5 and 6: a.m. uh what if any information did you have in relation to miss Reed's travel at that time so we had learned through interviews that um she was calling people as early as 4:45 in an effort to locate Mr O'Keefe um and uh a statement that she had left the house shortly after 5:00 a.m. we then know that she arrived at the mcab residence on Country Lane um after 5:30 so we're trying to account for the movements of the vehicle for that 30-minute block now in reference uh to phone calls you've had occasion to review uh information related to the defendant's phone yes and you mentioned that about 4:45 in the morning she made phone calls trying to ascertain uh or allegedly trying to ascertain the whereabouts of Mr O'Keefe is that correct yes prior to those 4:45 a.m. phone calls were there other phone calls at the defended place yes and to whom did she Place those calls in about what time uh starting at uh 12:33 a.m. to 603 a.m. there were 53 phone calls from Miss Reed to a phone number associated with John O'Keefe and in addition to those phone calls to Mr O's phone um what if any other calls uh did the defendant make prior to those 445 a.m. calls um there were phone calls to uh her family members to Jennifer mccab Carrie Roberts um ceranos those are the ones off top my head I have the notes in front of me if I want me to refer to them you have to winess B yes would you like me to continue ad L yes um after 603 when Mr o'keef was found there are a number of calls to members of John o' Keef's family no the phone calls to family members of her own of that the defendant family members those were specifically to her mother and her father is that correct yes and those calls precede the phone calls uh to either miss m or Miss Roberts or anybody else uh earlier that morning on the call detail records They don't appear but I I know the phone dump um has other information uh you may approach yes uh Lieutenant turn your attention back to uh the videos uh we were uh speaking about showing you you with this just ask you to recognize that [Music] I do and what do you recognize that to be it is surveillance video from Temple Beth Abraham May yes next no objection thank youit 572 572 may I approach again your yes another document recognize that sir I do and what do you recognize that is a map I created with icons of the town of Canton and how did you create that map sir using Google Earth um as the mapping software I uh placed icons on locations within the town of Canton that are relative to this investigation to provide better context uh and illustrate um the area that we're going to be discussing may I approach again your yes the next ex okay no thank you subit 573 and honor mayor I return exhibit 573 to the witness yes honor course permission if I could the public CH to the jury at this time yes I you have the laser corner there before you I do um so using that laser Corner we could direct attention to the um icons that you inserted in reference to various points of of of relevant locations as well as any sort of uh route to travel uh or roadways depicted in this city so each icon is a house shaped icon that I had placed at different locations um the the first one is red in color it denotes where 34 Fair View Road is um starting at the bottom there is a pinkish color one uh that is the location of the waterfall Bar Bar and Grill just north of that um you'll see a brown one which denotes the Canton Public Library following up this street here which is Washington Street you'll uh come to Temple Beth Abraham which is denoted by the blue icon there and then off to the right is is one meals Lane with the green icon now as far as uh just using that laser pointer again to know where the temple is it is the blue icon in the center of the map now as far as where the temple is located in reference to specific roadways it's you mentioned located on washingon Street correct yes and so what if any roads uh intersect with Washington Street around the location of of the to uh Chapman Street is the street that runs in this direction towards Washington Street so um again the Washington Street is a street here it continues and stays Washington Street as it turns slightly East in that direction and as far as available points of of directionality or ways to travel roadways from the area of the temple uh intersects in the area of De is that correct yes and so as far as available roots of travel from Temple to 34 Fair um if you could not those on the on the map uh if one were to was at the temple and were to travel to 34th AV you could continue up Washington Street take the left onto Dam Street which is that street you just mentioned a left onto cedarest and to enter that neighborhood down here um one could take a left and come down uh Chapman Street and take the right um to enter the neighborhood in that direction straight onto favy Road and uh if you're approaching sort of from the uh from the Chapman Street side of Fairview Road as you come down Fairview Road which side of the road would 34 Fairview be on left and similarly if you're approaching from the exceed press side of of Fairview Road and turn on Fairview Road which side of the street with 34 Fairview Road be on right thanks now with respect um to each of these videos as far as the Canon public library video and the temple video These are exterior cameras is that correct yes and sort of orientation wise where do they focus on or where are they pointed that uh the ones that we focused on were the ones that captured Washington Street now are you aware of a another location right around the area of of the Temple Beth Abraham called Cassis yes and that's essentially like a convenience store is that right yes and were you able to you were other the Troopers able to retrieve video from that location as well uh I I don't believe so now you H with the Court's permission if I could um publish portion of the video from the Canon Public Library which is marked as exibit 110 yes Miss Gman if you uh could from the first uh video and from the time on the video I'd ask you to go to about 1250 I'm sorry 15 or 15 155 pause now again for orientation purposes uh Lieutenant if you could uh using the laser corner just uh describe to the jury sort of what we're looking at here directionality wise and and what um what You observe in this the Main Street uh of the in the video is Washington Street the waterfall Barn Grill would be off to the right hand side and Temple Beth Abraham would be off to the left the intersecting Road we're looking at here is Sherman AV I believe and if one were to take that right you're coming from the right of the screen to the left of the screen on Washington Street heading toward Sher and you were take that right on a sermon where does that take you you would head towards the neighborhood that one Meadows have resides now were you also able uh over the course of of the investigation did you have occasion to look at uh surveillance video from the waterfall bar grill itself yes and from that video we able to determine a time uh which Mr o'keef was leaving from that esta yes and what if any observations as far as time or what if any observations did you make as far as what Mr O was doing or had with him when he left uh when he left shortly after midnight he was holding what appears to be a clear glass container and you recall which hand he was holding his right and specifically that was about 121m is that correct yes and Gan if you could I'm going to ask you to press play here and then pause again at 12:15 58 now looking up at the screen now where it's PA at 12558 what Do You observe there I observe a large black SUV here on Washington Street and the large black SUV That You observe is that consistent with what you've observed of the defendant vehicle yes and uh if you could uh describe to the jury as far as when I asked M skilman to press play what is that vehicle going into it's going to continue North in Washington Street through the intersection on Sherman and continue North on Washington Street and uh what if anything is sort of in that directionality uh as a continues uh off of the screen to the left i' be heading towards Temple Beth Abraham if you could there now with respect uh you with the Course Mission if I could publish portions of the temple video yes and just uh as a continuing I'm my ention would be to sort of go back and forth if if that's all right with the court okay yes I have one moment joh yes I'm sorry I should play this out a little B better second to last one and if you could pause there thank you uh again for orientation purposes uh Lieutenant if you could describe you doing the laser for there as far as what we're looking at uh in this particular camera angle and shot uh and and as far as the roadways that you this is an exterior camera for from Temple Beth Abraham at 1301 Washington Street where it's paused now at uh 12:01 I believe is a time stamp you see a vehicle here that vehicle is traveling on Washington Street um we are now on the other side of Washington Street looking at it than we were from the library um so uh the South and towards the waterfall in the library be off to the left North would be off to the right and uh m g if you could uh fast forward to 1217 thank you good pause it now as far as the time concerns um the video from the prior video from the library was about 12:15 a.m. when you saw the vehicle consistent with the defendants pass by that location yes and so as far as this time that's up here now approximately 1217 or so uh or somewhere within that minute between 1217 and 1218 um is that consistent with uh the time it would take to travel from where the library is on Washington Street to where the temple is on Washington Street yes and uh from this particular time period around 1217 between the minutes of 1217 and 1218 what if anything did You observe uh with reference to of significance with reference to this investigation on this portion of this video at approximately 1217 and 56 seconds you'll see a large black SUV travel from left to right on the screen which again would be northbound and again left to right on the screen just for orientation purposes what is in the direction from left to right on the screen as far as of any significance to this um as you continue North on Washington Street you would uh I believe the next intersection on the left is Dam Street which one could take to get to 34 Fairview Road and Mr if you could I would ask you for and again Lieutenant directing your attention to the screen and if you could using the laser porner directed Jo's attention to what if anything of significance observe in this portion of the video at 12756 from the temple a large black SUV traveling Northbound in Washington Street and the large black SUV is that consistent with the large black SUV that you observed in the prior video exhibit 110 from the C Public Library yes is that also consistent with what you observed as far as your personal observations of the defendant's vehicle yesman if you could please uh press you can pause that take that down please this G if I could ask you for the Canon public library video again and from this I'm going to ask for from the second video now Lieutenant directing your attention to up on the screen this is the K public library video again ex 110 yes and as far as uh this is uh the time frame that you were talking about before between 5:00 am and 600 am that trooper's done and uh more retrieved from uh Mr Jus correct yes and with reference to um as far as the conditions outside at this particular time between 5: and 6: a.m. what if anything do You observe in this video the ground is now covered in snow and Miss Gman if I could ask you uh to fast forward to about 5:11 a.m. and pause it there now Lieutenant from this uh portion of this video from the can Public Library what if anything of significance Did You observe uh in this portion of the video relevant to this investigation You observe a large black SUV take uh a left from U Sherman Street onto Washington Street heading south and as far as the directionality from where uh that vehicle came from and the directionality where that vehicle is headed toward uh what if any of the locations of significance uh are are located in those areas so again Sherman Street or a goes straight to one Meadows so if one were to travel from Meadows AV the residence of John o' Kee um to this location here you would come down Sherman and you could take a left on the Washington Street to head south and as far as South on Washington Street again off to the right of the screen what if any locations of of significance in this case are are located in that direction the waterfall Bar and Grill now as far as the um black SUV That You observe in this video is again is that consistent uh with the the black SUV you observed in the temple video from um 12:17 a.m. yes is it also consistent with black SUV that you observed in the library video from 12:15 a.m. yes and is it also consistent with the defendant's black SUV yes now with reference to are you familiar with uh Mr ois home having ring cameras fixed to it yes and are you familiar with a uh video from those ring cameras uh depicting the defendant backing the black SUV out of Mr O'Keefe's garage at approximately 507 a.m. yes and from that uh as far as uh distance or time it would take to travel from Mr ois residence to this intersection covered by the can Public Library uh from 507 to 511 uh now depicted on the screen is is that consistent with the time it would take to drive that particularly given the conditions yes and Miss Gilman if you could please press plate Gilman if you could pause that now M Gilman if you could uh fast forward to about 5 minutes I'm sorry 5 15 and 30 seconds pause there please now we stand it between these time frames at 511 a.m. and 5:15 a.m. uh at any point in time do You observe the black SUV traveling back in the other direction yes and uh specifically around 5:15 and 51 seconds what if anything did You observe uh on this video of significance or relevance to this investigation uh a large black SUV will appear on the screen on the right hand side and travel to the left hand side which again would be traveling uh North on Washington Street um now as far as again directionality uh North on Washington Street to the left stream would be towards the temple is that correct yes and uh as far as the operation as far as directionality is concerned What You observe uh in this area from 5:15 a.m. is that uh consistent with what you observed on the can public library video earlier on 12 at 12:15 yes and again as far as the black SUV That You observe in this it's consistent with all the other black SUVs you observed in the video and the defendant corre yes and Miss Gman if you could press play pause uh and Lieutenant if you could using the laser poter you have before you direct the jury's attention to where you observe the LA here on Washington Street near the intersection again using that laser Corner could just uh indicate to the jury as far as directionality where this vehicle is going to head on North would be to the left hand side of the screen towards Temple Beth Abraham again if you can pause there it's comeing you can take this one now miss Gilman if I could ask for the Temple Beth Abraham video again I have just one moment yes [Music] pause there for the record this is from uh the temple be Abraham video this is from the period of 510 a.m. to 5:20 a.m. which is the second video listed uh down within uh those now trooper with regards uh to this video at some point uh around 5:18 a.m. uh what if anything did You observe of significance or relevance this investigation from that period of the video a large black SUV travel left to right on the screen and again as far as directionality um where would that vehicle be coming from where would that vehicle be heading from the left side of the screen would be in the direction of the camp public library in the waterfall Bar and Grill off to the right again would be the intersection with Dam Street which one could take to third four fa View as far as directionality uh with reference to uh the earlier video from 12:17 a.m. from the Temple Beth it's directionality consistent in this video with what you observed in 127 yes now um gentlemen if you could uh pray from about 518 and lien what if anything do You observe uh in this portion of the video relevant to this investigation a large black SUV traveling north on Washington Street and again is that large FL SUV that youer here consistent with the large FL SUV You observe in Fire videos and also consistent with the defendant vehicle yes and Miss Gilman if you could please please excuse me press play again thank you can take that Mr Officer we can have the lights back up now if I can just have the sure [Music] now Lieutenant through the course of your investigation are you familiar with uh what time it was that the def proximately what time it was that the defendant arrived at Miss MC's home think 5:35 approximately and Miss mcc's home is located on Country Lane is that correct yes now from the directionality of uh that vehicle in the 518 a.m. video as far as timing is concerned 518 to about 535 or so is that consistent with the time it would take to drive from that area of the Temple Beth Abraham to miss uh McCabe's residence on countryland no not if you were to drive directly there um and and so to to that point as far as what about that time doesn't match up is it too short too long or something else um it's it would take you much quicker to get there it's about a mile and a half from Temple Beth Abraham to Country Lane you would continue North on Washington Street and just take a left into the Country Lane neighborhood um so the time to travel a mile and a half and from sort of the distance between uh either that Temple video and either 34 Fairview Road or Country Lane uh were you able to find locate or retrieve any surveillance video in those areas uh that would capture the vehicle no now as far as um you had mentioned earlier in your testimony uh when we were talking about the earlier 127 a.m. um portion from the Temple Beth Abraham video the directionality of uh that black SUV both in the 1217 and the 518 uh where is Fairview Road in in relation to the directionality of the SUV That You observe uh that SUV could take a left on the deam street and then a left on a cedarest and to enter down to favie Road and uh from your knowledge of the area as far as uh travel is concerned uh would from 518 to about 535 or so uh would that allow for sufficient time to go from where it's uh viewable on the Temple Beth Abraham video uh for the vehicle to then travel to 34 Fair viw Road and then travel to 12 Country Lane yes now I believe you had uh mentioned uh earlier in your testimony that uh at some point there were called to detail records uh that were obtained in reference to the defendant phone yes and can you explain to the jury um as far as let me ask you this first with regard to uh call detail records and with regard to phones in general what if any specialized training uh have you received uh or have you given uh in reference uh to those areas of focus I received over 200 hours of training uh relative to obtaining and using call detail records and cell phone data in furtherance of criminal investigations most recently I've given talks and seminars uh about the topic and I've testified in numerous courts around the Commonwealth about the topic now can you explain to the jury sort of call detail records what they are and how you would use them as far as utility in in generally speaking in reference to investigation call detail records are business records held by cell phone companies specifically to this matter um that are created in the normal course of business typically you think about in a billing context so if you think of your own cell phone bill it would contain information like the date and time of communication occurred the other phone number in which you communicated with uh the duration of the call that sort of bits of information obviously as we're doing a criminal investigation it's helpful to know uh with whom someone was communicating Additionally the cell phone companies uh memorialize other bits of information uh specific to what we refer to as csli Sal site listing information they tell us the antennas that were used during the communication usually just in the form of the first antenna and the last antenna um there are other engineering records that we can obtain that can be helpful when trying to determine where the handset uh the cell phone was at any given time and and the handset that you refer to is essentially the phone itself correct yes and with relation to uh the handset and its connection to antennas or Towers uh can you speak a little bit about uh that based on your training and experience uh with reference to um how those how the handset sort of communicates with an antenna and and how it gets to a specific anten cell phone companies Place antennas all around to help facilitate communication you can think of a cell phone as really a two-way radio it's sending and receiving radio waves so in order to facilitate that uh cell phone companies place these antennas all around um traditionally you can think of them on a tower but they can also be placed on the side of buildings or disguised as trees or just on top of light poles so they they're all around but you don't quite know it um as as far as how the handset communicates with the antenna there are different variables that go into that now the cell phone wants to connect to the antenna with the strongest signal the best predictor of a strong signal is distance so the the further a radio wave travels the more it's going to degrade and not be as strong but there are other factors that can um degrade or or reduce the um strength of a radio wave um specifically in obstruction if you're in a basement of a building or standing behind a large brick wall um the radio waves aren't going to penetrate that as well but even things like precipitation or foliage on a a tree can also hinder it and you think about Rolling Hills here in Massachusetts uh in tall buildings they can also uh disrupt radio waves as far as that sort of disruption of radios radio waves are you familiar with certain areas uh that that get sort of termed as a dead zone yes and can you explain what your understanding of that term is as it relates to what you've been talking about as far as the the handset communicating with the antenna I would Define a dead zone as an area where there's not good cell phone coverage so the antennas are not covering that area for whatever reason obstruction um the the density of the tower um often times uh well an antenna can only handle so many cell phones at a time it's an idea that we coin or uh refer to as load so there certain number of devices that can handle an antenna my best analogy of that is Gillette Stadium I've worked at Gillette Stadium detail many times we have roll call for Patriots game early in the morning I take my post I have strong functionality my cell phone as hundreds of thousands of devices are now entering the area around Gillette Stadium the functionality of my cell phone reduces as more devices are using the antennas in that area now with respect to the cell phone companies themselves uh they create or utilize this data for their own business purposes correct yes and can you just briefly explain a little bit about sort of what the cell phone companies would be using this kind of data for as far as what you're talking about Connections to antennas and T it's a company wants to make money so it's going to memorialize things to build their customers appropriately um they're also required by the FCC to uh keep for a certain period of time certain records because they are a Communications provider um so they are some requirements regulatory that they need to uh fulfill now as far as the information that you're able to to glean from these uh call detail records uh I believe spoken a little bit about but as far as uh what if any limitations are there uh with reference the information you're you're able to C reference well the the overarching one is I I can only get what I get so whatever the company sends me that's what I can use in my determinations um kind of the next step is when we're talking about antennas um I will never I have difficulty saying exactly where a cell phone was when using antenna I can make generalizations um that the phone is going to be in the area of the antenna but I would never with just that specific information be able to tell you exactly where it is I can look at other records um like uh the engineering records where especially now with 4G and 5G technology the cell phone providers need to know how far away a handset is from the antenna in order to facilitate that communication and they keep those ranging records for me so if I can obtain those records I can then place a much narrower area where a cell phone would have been during a per time period sir I'm showing you a four page document just that finish you recognize that document sir yes what do you recognize it to be it is he subscriber information for the phone number ending at 9554 and through the course of your investigation as far as that phone number ending at 9554 who if anyone did you find that uh number to be associated with the defendant Karen Reed now with respect uh to the documents before you that has some listing of account information is that correct yes and who is listed as the subscriber uh for that account with phone number ending in 955 Karen Reed of 481 Gilbert Street in Mansfield Massachusetts and are you through the course of your investigation familiar with that address 481 Gilbert Street yes and is that the residence of the defendant yes approach yes to introduce andit next exhib objection okay 57 I'm actually going to see Council back in just a minute now I'm trying tell um we Mark that Madam court reporter thank you so that's [Music] 574 all right go ahead Mr L thank you now as far as the information that you receive uh with reference to call detail records is there a section called the record key yes and can you explain to the jury what a records key is and how you use that in order to facilitate or read the records the records key give us the definitions of terms that are used in the record so the record comes usually in the form of a spreadsheet or PDF um you'll get columns and rows the columns will be named certain things and those titles are often specific to the company so I want to make sure that I'm reading and understanding what the data is I believe you alluded to it earlier in testimony but uh just for the jury's edification if you could uh describe to the jury what your understanding of of the term as far as cell site listing information and how that's used in an analysis of called each other so csli as was referred to has that billing information time date duration other phone number and it has the antenna used uh during the communication so U just as it says it's a cell site which is the another other term for antenna as I usually use now sir three trans par are you familiar with the term in reference this type of material called ranging data yes and can you explain uh to the jury what you understand that term to me and how it's used uh in interpretation of called detail records so the ranging data goes back to the engineering reports I had mentioned earlier that can provide more information um they can tell me um the antennas that were use during communication they can tell me the range in which the handset was away from the antenna so now opposed to um just kind of making General determinations where a handset was and near an antenna I now have a range so I will um plot the location of the antenna measure out that distance and draw an arc with that radius of the distance on a map and I can make an assumption that the handset is somewhere on that Arc um the ranging data is also helpful because the user does not need to be actively using the phone in order for a record to be created right the billing record is going to be phone call made or received text message made or received uh uh a cell phone as it sits today is still communicating with the antenna you're getting notifications it's checking email uh it it's updating and because it's utilizing the network your cell phone provider is capturing that data and it's generating a record even though unbeknownst to the user So to that point or illustrator to that point so if I'm standing right here with the cell phone in my pocket not using it not turning it on not activating in any way that cell phone is still doing some sort of communication with the closest or some antenna within the vicinity yes now you also familiar with a term called UTC or universal time code yes can you explain through the jury what that term means and and how it relates to to these types of reference so UTC are now known as coordinated universal time is the time zone along the prime meridian so if you think of the globe uh you got longitude and time zon the Prime Meridian is is a spot that runs through uh Western Europe and and western Africa that is the line in which all time zones around the world are predicated uh and UTC would be a time there and it's not uh determined by um daylight savings time either so all those time zone like I said around the globe are predicated on that because it's one Standard Time uh in the globe a lot of Records will come in UC UTC time um and I you have to make the conversion and they will provide records uh specifically to a cell phone what time it was locally but it it will tell me what the UTC time was so for me to figure out what the time was locally during the time of the communication I got to do the conversion and to that point as far as the conversion is concerned what what type of conversion are we talking um here uh on the Eastern side of the United States it's minus 4 hours during the summer and minus 5 in the winter now as far as these records uh are concerned uh what if any I believe you spoke a little bit as far as the arc and and plotting but if you could uh expound upon that as far as explain to the jury uh what it is exactly you're able to do uh with the information from call detail records uh as far as a visual representation um you said two things there so I want to make sure I answer the question right you mentioned ranging data but csli so specific to the engineering report in ranging or csli let's first start with csli so with the csli I will place on a map the location of the antenna and um I talked I mentioned load a little bit but that load factor determines on how dense the uh antennas will be from uh uh placed by the provider so if you think of an urban environment there's more cell phones there's more devices that need antennas so the locations of the antennas will be more dense I've seen them as close as 100 yards away from each other in an Urban environment you come out to the suburbs there are less devices the the company are going to put less antennas because they don't want to put them up where they don't need to they're going to be further away so in North for County the antennas are placed anywhere from a mile to four or five miles apart and so there would be a difference as far as the amount of antennas the amount of towers like say in the town of Canton versus downtown Boston yes and again I think it's pretty clear but which which of those two as far as downtown Boston or the town of Kon would have more antennas or more towers for a cell phone to connect uh downtown Boston would have more and so with relation to the number of antennas or towers that a handset or cell phone could connect to uh what if any relation does that have to um geographic location or what you're able to glean uh in reference to geographic location from the call detail so once I place the antenna on a map I will look at where the other antennas are um and I can make a general determination that um the cell phone was closer to that antenna than other antennas again there's the caveat and I'll say it up front is that there are other mechanisms that could prevent it from connecting to the closest Tower um but generally it's going to connect to that to that closest tower now there are again there are redundancies built into the system if an antenna goes down because of uh it gets struck by lightning or needs service there are other antennas nearby that can cover an area now with respect uh to the csli there will you able to do that in this case as far as plotting that on a on a visual representation on a map yes may approach [Music] yes so showing you believe 10 page document just ask you to review that look up when you finished and did you recognize that sir yes what do you recognize that it is a series of maps that I created depicting the records obtained from that number ending in 9554 and that's plotted onto sort of a a Google image or Google Earth image I use Google Earth to create the maps I then take a screenshot and place it typically in PowerPoint in order to make it look nice May appron yes introduce and admit collectively is no [Music] objection may I return that to the witness J yes have [Music] yes so directing your attention to the second page there in and your honor with court permission if I could uh publish this to the jury okay Lieutenant do you recognize what's depicted now up on the screen yes and what do you recognize this to be it is a map that I created using the information from the call detail records of csli from that account and from what time period of the call detail records are we looking at in this particular uh representation from 12:33 a.m. to 12:34 a.m. again I had done the conversion for the purposes of making this exhibit um so if one were to look at the call detail records you may see the UTC time for the convenience I've done the conversion for the purposes of the exhibit now sir if you could um using the laser point before you direct the jury's attentions to what if anything niif you've plotted out uh into this visual representation so uh first we're looking at the the area of the town of Canton uh I've placed different landmarks again to give context to um what we're talking about here you see 34 Fair View Road with as a yellow house icon one Meadows AV Canton um as a darker color and the waterfall Bar and Grill as uh another icon now off to the left just west of Route 995 which you'll see running here you'll see a red triangle which I use consistently as the antenna and um a series of letters and numbers next to them so next to them is the numbering system that Verizon assigns to that antenna so in this instance we're looking at ENB which is the um the antenna acronym and specifically 571 71 to be clear as far as that marking with the red triangle the ID 571 71 that is the antenna uh that the handset or the defendant cell phone is is connecting to aform correct yes and I I always try to be clear that that is the antenna that's not where I'm saying the handset was the hand set is somewhere in that vicinity based on your training experience is that correct yes we have the next slide sir what time here are we looking at in this particular refes 12:35 to 12:37 a.m. and again if you could using the laser point before you direct the jury's attention to what if anything of significance or relevance to depicted in this representation so same icons appear as about the the locations relative to this investigation um you'll see uh another red triangle here close to Route 95 which is um NE B ID 57286 and during this time period the handset associated with this account communicates with that antenna and from the locations uh of significance irrelevance uh as far as Enid 57286 uh which of them is the closest to in this uh it's just north of 34 value Road and now if I to direct your attention next I have and Lieutenant what time frame are we looking at in this uh this slide this comes from one call that occurred at 12:38 a.m. and and as far as um if you could again using the laser pointer direct the jury's attention to what if any other locations uh you identified or signified in this representation again same icons further south the bottom the antenna is located here at the intersection of Route 93 and 138 and it's en NB ID 57021 and of those locations of interest that you uh signified within this uh slid uh where is ENB 5701 in relation to those um if you thinking back to the previous slide so now we've moved a little bit further east um here's fairw Road and here is one Meadows a and if like direct your attention to the next slide if I have the next slide pleas and we what time frame are we looking at in this 12:39 a.m. to 5:08 a.m. and again if you could using the Laser Corn director J attention to what if any locations of significance you know in this this so there were a series of calls during this time period U they all used this antenna here en b571 99 um which is south of Meadows AV I can direct your attention to the next hey lieutenant what are we looking at as far as time frame in this particular there was one entry in the call detail records at 516 and again using the laser pointer we could direct the jury's attention to what of any locations you denoted within this particular uh I'll start with the antenna that was used which was 5725 n here in Downtown Canton just north of the waterfall Bar and Grill if I could direct your attention to next slide lieen what time frame is 5:19 a.m. and again if you could U using the laser forner direct the jury's attention to where the intenna is that the phone is connected to at this point and what if anything it Clos uh slightly further south in the previous one it's 5719 n uh directly south of one meow now I could ask you to turn to the next slide if I have that one Lieutenant what time frame are we looking at 5:20 a.m. to 5:37 a.m. and again if you could using the laser point of director jury's attention to where the antenna is and what if any of the locations uh You observe it where it is in reference to I previously mentioned this one here at the intersection of Route 93 and 138 it's ID 57021 uh it's north of those locations I mentioned earlier the 34 Fairview in one Meadows AV and next slide what time frame are we looking at Mr it's one entry at 6:00 a.m. from the record and if you could again using the laser point Direct attention to the antenna and is in relation to locations of interest in this slide it is located just north of the waterfall Bar and Grill uh in downtown campon and the next slide what time frame are we looking at in this slide sir 603 to 657 a.m. and again using the laser pointer if you could direct the jury's attention to which antenna the defendant cell phone is connected to at this point and where it is in relation to location significant or relevant this investigations during this time period the cell phone will bounce back and forth between two antennas so I did lump them together um and place them on one map with this time frame here so you will see two antennas one is this one here just west of Route 95 which is 571 71 the other antenna is north of 4 V VI which is 57286 now sir as far as the locations that you observed from looking at the uh csli information from the defendant phone um Kenny relationship did you know with them in relation to what you had observed on each of the respective videos from the Canon public library and the Temple Beth a uh it was it's consistent as with anything in our investigation we want to get cooperating information so the best cooperation about the location of a hand set is to obtain video receipts anything else with a time stamp in a location that we can cooporate the location of a handset and um with respect to uh information that you had receiv received as far as the defendant's whereabouts uh what if any consistency or cooperation was there between witness accounts of the defendant including the defendant's own statements as far as where she was and what she would retrieve from the Cs a ask it differently Mr M uh throughout the course of the UN ation where you made aware of a path of travel attributed to the defendant both between the hours of 12 between the times of of 12 a and 6:00 a.m. yes and the information that you uh obtained from the csli records was that consistent with what you knew as far as the location of the defense objection ask it differently Mr the objection is the same with respect uh to what you knew as the path of travel of from uh of the defense the information that you obtain from the csli what if any relationship was there between that and the path of travel you I'll allow it it's consistent now sir as far as the um as far as the ranging data uh what if anything were you able to do with the ranging data in relation to uh a visual depiction of that similar to the maps we just saw using Google Earth I made a visual representation of what the records display specifically where the antenna is um but I did mayate took that additional step to measure the distance out from the antenna um that's depicted in in the records and draw a um semicircle line depicting where that range would would lie may I witness yes [Music] do you recognize those documents sir yes what do you recognize those the series of maps I created using the ranging or engineering report uh May apprach yes I'm to seek to introduce and amend the next exhibit and with the courtmission uh I could into the jury now marked as 5 Seconds okay [Music] now turning your attention to the second page of what's now been marked as exhibit 576 is that what's up on the screen uh what you have before you as exhibit 576 second page in is that what's up on the screen Lieutenant yes now if you could uh again what time frame are we looking at here 12:17 a.m. and again sir if you could using the laser pointer describe to the jury what's depicted in this particular so two locations that again as a frame of reference 34 Fair View Road in Canton and the waterfall Bar Bar and Grill are depicted with icons you'll notice a red lollipop would be the best description icon here um and next to it you see a number and the words either first or last this one three first or in last if you were to go back to the record of the ranging report you would go to line three and that's where you would find this record so it's just an easy way to cross cross reference the map with the documents um with these ranging reports it gives me the range uh that the handset was from the antenna at the beginning of the communication and at the end of the communication so that's the first range in the last range that's why we're using those words um you'll notice a a line that goes straight out to uh the semicircles that line denotes What's called the asmith and I've failed to kind of desribe what an asmith is so as antennas are placed in these locations they're pointed in a direction now they're not typically a 360 degree antenna some are but mostly they're not they're pointed in a direction and have a beam width rule of thumb and as the as you'll see with the the records with Verizon it says typically it's 120 degree beam width because they'll Place three around the circle and you get 360 degrees so with this record here I know what the asouth is I then draw a semicircle in each Direction I'll go beyond that 120 degrees just to give deference to maybe it was on the outer edges of that so I want to um give the tie to it was maybe further away um so that's what's the pick thing on the map now with reference to um this semicircle itself um if I could ask is is the semicircle that is being drawn uh what does that exactly denote as to the uh location of of the handset the report is telling me that the handset is somewhere on that semicircle so the phone could be anywhere from here on the semicircle all the way around to there on the semicircle so again it's not denoting sort of that the handset of the phone is within the confines of the semicircle but actually on the line that you drawn correct and uh if I could ask you to flip to the next slide and with the next one now with reference to what's up on the screen now Lieutenant what time frame are we looking at here 5:18 a.m. and again if you could using the laser 4 draw the jury's attention or direct the jury's attention to uh what if anything of significant to observe from this so the two icons again appear on the map waterfall Bar and Grill 34 Fair View Road here is that red lollipop which is the antenna that's used during the communication the aouth or the direction in which the antenna is facing is depicted on there and two semicircles um the the first one and the last one um as a frame of reference I failed to put the Temple Beth Abraham which would appear right here now from this uh what's depicted in these uh last two exhibits as far as what you're able to to plot out from the csli and the ranging data um what if anything what if any significance did that have as far as uh in reference to the investigation and and the handset or the defendant's phone uh it's important to figure out the movements of someone that we're investigating for Crime um so these ranging records really narrow down the scope of they're somewhere around this antenna to uh it's possible they were somewhere on this um line again these records are just depicting where the handset was but as we all know we all travel with our cell phone with arm reach and again it's in reference to this ranging data in the last two slides here uh what if any um relationship did you find that to have with uh other information being videos and witness statements uh that you obtained during the course of Investigation so as we previously showed the Temple Beth Abraham which will be located here um just south of this intersection here um depicts a large black SUV traveling north on Washington Street that SUV is similar to the defendants um and with this record here a phone associated with the defendant was somewhere on this Arc uh at that exact same time I have a moment yes thank you sir I have no further questions [Music] good morning Lieutenant silly good morning um I'm not going to go in any particular order so forgive me if I bounce around just a little bit um you indicated that on direct examination this morning that you didn't seek a search warrant for 34 fa the interior 34 fa correct yes your knowledge nobody under your under your supervision such a search warrant correct correct you explained that in your mind uh there was no probable cause to seek a search warrant for the interior of the of the home is that right yes but you also admitted that you didn't seek consent for which you don't have to have probable cause if you get consent correct correct you could ask me right now hey Alan can I look at your cell phone I say sure you do your thing right I could but for a court to order that I hand over myself cell phone you got to get a search warrant sign an affid and get a court to to uh agree with it correct yes you've applied for Myriad search warrants in your career I'm guessing yes very experience correct supposedly and I uh and I expect that there have been circumstances Lieutenant told in which you sought a search warrant and the judge says no I don't think there's enough here correct yes you don't get in trouble for that correct with whom no with the court no well it's not illegal it's not illegal uh you don't get sanctioned for it you don't get your pay dot because you don't get a search warrant based on an affidavit correct correct so there's no real sanction in seeking it if you in good faith believe that there's a reason to to seek it correct uh outside of the the time that it takes to author it and put it together and go to the court yes there's no sanction of course but in an homicide investigation uh you're not going to fail to do certain investigative tasks because it takes time you're going to do what is necessary for the investigation cor right yes um you indicated that you did not believe that there was information sufficient that y'all had at the very initial stages of the investigation to seek a search warrant or to to ask for consent correct yes but you did know the following in the initial moments of the in the beginning of the investigation you you were aware that John O'Keefe had been invited to a party inside a home right yes you knew that that home was located at 34 Fairview yes you also knew that joh O'Keefe arrived at 34 Fairview correct we believe so yes you also knew at the time that he had been for want of a better phrase partying with uh the individuals who were inside the home correct expected to meet at the house they were at a bar previous to that yes you're aware that a drinking glass was found uh in the yard attendant to or close to adjacent to where Mr O's body was found yes that drinking glass had been broken correct yes you're aware that drinking glasses are commonly found inside homes right as as well as bars as well as bars right but at that point you didn't know it's just a broken glass correct it's a broken glass correct um you also know that he was found without a coat on yes uh are coats normally worn outside or inside it's user's Choice fair enough 18 degrees you would expect that if someone was out outside they'd have a coat on correct I'm the kind of person that wears shorts throughout the year I'll often go without a jacket all right true Bostonian yes sir um he didn't have any coat gloves scarf nothing like that correct he had no winter gear on whatsoever correct correct under ordinary circumstances and you may be the exception but under ordinary circumstances if someone was out in 18 degree weather you might expect they would have some winter bar on correct Jackson uh you would also you would you certainly would expect that if someone took their coat their glove their hat uh their winter gear off might leave it inside the house right rather than outside the house jackon I I'll let you answer that detective Lieutenant uh it's probably predicated on where you take it off right and your relationship to the location right reasonable assumption might be the winter gear might be inside the house objection is that a reasonable assumption detective Lieutenant no your honor okay it's not reasonable that he would have his jacket inside the house you wouldn't just assume that well using the term the house you talking about any house 34 Fairview correct no it's not reasonable all right uh you didn't think it was reasonable at the time still don't to even ask could he have had a jacket off inside the house and I'm talking about at the time the initial stages of the investigation who who am I asking this question too so I'm asking if you believe it was reasonable if a man is found 30t outside the front door of a home and he's got no winter gear on whatsoever that perhaps he came from inside the home not having beond his winter gear objection can you answer that detective Lieutenant um it's not reasonable given other information I had you also know that he didn't have a shoe on correct yes uh where might you look for the shoe if you didn't find it out by his body initially I well the question's not accurate to the facts we had at the time well the facts you had at the initial stages I'm talking about just after 6:30 7 7:30 in the morning when the investigation was beginning uh during those times you didn't have any information about where the other shoe was except he just didn't have a shoe on at the hospital correct we didn't know there was a shoe not accounted for until after noon time so when you did find out that there was a shoe unaccounted for one place to look might be outside correct yes and another place to look might be inside the hall correct we looked at the former and we located it there you also are aware that a body is being dragged by the shoulders could easily lose a shoe objection have you ever experienced a homicide in which a body is dragged and you're aware of uh a shoe being pulled off while the body's being dragged Jackson I'll allow that I don't have experience with that um certainly not outside the real of possibility as a professional investigator possible yeah um you also aware that at least initially it appeared from accounts that joh o' ke may joh o'keef may have been involved in a physical altercation correct possible as a matter of fact that was reported by one of your subordinates uh Yuri buenik to the medical examiner's office right as a possibility yes as a possibility uh and you're aware that your other subordinate Trier Proctor according to certain information he had gotten from First Responders also believed that a physical altercation was possible sorry as well it was possible yes okay and you also knew that the house would be a normal location to have other individuals who might have been involved in that physical altercation Jackson can you answer that detective Lieutenant an altercation could take place anywhere exactly and and people can often travel from the location of the altercation miles away to another location or they could travel 30t outside as well correct yes okay um in the early morning hours of well let's say the the the hours following uh your massachusett State Police initiation or engagement in this investigation you became aware of Brian Higgins correct yes that name was baned about as a potential witness in the the investigation correct yes and you're aware that Brian Higgins indicated that he saw a tall dark-haired man enter the home after he arrived correct I'm not aware of that and the reason you're not aware of it Lieutenant Tully is because nobody bothered to interview Brian Higgins February 10th right jaction so in that form then sustained ask it differently Mr Brian Higgin first interviews February 7th 7th 10th yeah in in February not January 29th certainly correct although he was known to be inside the house correct yes uh so had you known that had you had the information for instance that Brian Higgins admitted to having seen a tall dark-haired man walk in the house that might have changed your the uh complection of your investigation that time objection can you answer that detective lieutenant in the off chance that Mr Higgins presumably had said something like that I would certainly need more information describing this person I would ask a series of questions to narrow it down to make sure that this person was the was John o'keef right exactly that would just be a normal part of the investigation you just take evidence a and Link it to evidence B to evidence C that would be the normal way to do an investigation we would normally follow the evidence correct um but in point of fact nobody did seek a warrant to see to to go inside the house correct correct nobody did seek to have um a forensic team go inside the house and look correct and nobody asked for consent correct I want to ask you about the um sallyport video if I could um did you obtain a copy of any video surveillance footage from Canton Police Department yes okay if you can tell me which footage you obtained and where and there's several videos lieutenant and I it can be confusing so if you could be as detailed as possible explain what footage you gathered and when you get most recently and the the date escapes me um but it's within the last couple of months I had contacted chief helina raffy of the can police department and asked her to burn another copy or create another copy of the sallyport video um during a certain time period on January 29th to ensure that the video that we had received previously was um all the records responsive to that request and you found out that the video that you you received earlier was not fact completely responsive uh because there was a video left out right I I I didn't do a one toone comparison and I just had made the request ultimately you did receive a video of the interior of the Sally correct yes and can you tell me did you look at that did you review that video quickly not the whole thing okay was there anything of note about that interior video by the way let me ask you another question Lieutenant tell just to to clarify there's a very grainy dark almost black of the Interior correct you've seen that one yes or excerpts of it yes and that video is missing some pretty significant time frames throughout the video I haven't I didn't review the whole thing but I'm aware of that video existing fair enough then there's another video pretty clear right yes okay I'm asking you about the clear video did you make any note about anything unusual about that video no but again I didn't really review it you didn't review it with any detail correct did you make a note that that video was inverted I did not did you make a note about the time stamp on the video either being correct and and properly positioned or inverted no did you give that video to Trooper Proctor I believe I gave the sergeant buenik Sergeant buen uh and then what did Sergeant buen do with it reviewed it okay uh is that somehow uploaded on onto the Massachusetts State Police computer system somehow for safekeeping uh no we'll hold it within the DA's office on that server you know it's not touching the MSP okay so it is uploaded on some sort of ser we will memorialize it somewhere yes did did Chief rafy give it to you on a thumb drive or a disc or how is it physically provided uh I don't know I I didn't receive it she dropped it off at the office I I remember a thumb drive you remember a thumb drive all right and then it's uploaded onto the system and the the case officer would have access to that system yes okay and in this case that would be T Proctor yes did you notify T Proctor uh when I say immediately reasonably quickly after you received or after you got noticed that the video had been dropped off by Chief raffer I informed Sergeant mechanic okay and do you know as you sit here you may not as you sit here do you know if Sergeant mechanic reasonably quickly informed to Proctor that that video existed I don't know when or where that notification was made as you sit here now are you are aware that trer Proctor is aware of that video and had access to it yes okay yesterday there were there was some testimony about tailight pieces that were found at the location correct yes um may I have just a moment your honor [Music] yes before I get to the um the evidence bag May inire thank you before I get to the evidence bagend tell you one more or maybe a couple more questions sallyport video uh you indicated that you received additional video from Chief raffy once she dropped it off you said within a couple of months yeah additional that that package yes what was the original sallyport video that you received in other words what were you following up on uh what you had previously described as a grainy blackish video okay and so just to be clear and close that Loop when did you receive that video If You Can Tell us which one the grainy one bra uh earlier in in the investigation a year ago two years ago I don't recall okay uh do you believe it was pretty early on in the investigation I don't recall do you know what the mechanism was that you received that one if Chief raffy is the one that gave over the clear video how did you get the the grainy video I don't know was it you that that received it or do you believe that you commissioned uh Trooper Proctor to go get that video that would have been a task for SJ buannic or Trooper Proctor or someone else from the unit so the reason you don't know is because you didn't you didn't personally do it correct yesterday you testified um that it is obviously your responsibility as the not just the chief of the unit uh but as the uh Evidence Officer to M maintain and protect the Integrity of the physical evidence that's found under your supervision correct yes um you indicated that you took photographs of the items that were recovered on that initial search search uh and you took those photographs in place where they were found correct yes with the exception of one of the photos you indicated that uh it had been moved by a shovel and then you instructed the individual put it back down where it was found and then that's the point at which you photographed it correct yes you took an establishing shot then a closer shot and then I think even a third closer closeup shot correct yes and you indicated pretty clearly yesterday what the evidence that you found at the scene was a red plastic tail light piece that was recovered first then 3T or so to the south of that the shoe was recovered and then one to two feet south of that another red plastic piece and then a clear plastic piece next to that correct uh yeah you get the last two inverted it's clear than than red but inversion it's becoming a theme sorry about that so it's clear p I'm going to strike that comment clear piece and then a red piece next to the clear piece yes three pieces of plastic in total and a Sho uh no there's there with the clear piece there was two pieces with it so clear plastic multiple pieces of the clear plastic Okay so yesterday when we saw the photographs that you testified to uh there was one piece of clear plastic that was photographed right two didn't the photograph have one sort of Arc shaped clear piece of plastic that you described as having the did you say dimples or stippling I did yes I believe I think I said dip dimples okay what was the second photo there the next photo that was displayed was the second piece of clear plastic tail light so in fact that would be four pieces of plastic yes okay but yesterday you testified that you found three pieces of plastic and in your report you reported that you found three pieces of plastic correct I didn't I didn't number the piece of plastic if I recall my report correctly I said we found clear clear plastic and as I displayed out of the bag there was two pieces of clear plastic that we but there was only a photograph of one no there wasn't and your report says three total pieces of plastic doesn't it no let's take a look do you have your report with you detective Lieutenant not that one your honor okay is it possible we can take our recess so wasting the juror's time I can use my time sureen tell you we were talking just before the break about the the search search on January 29th 2022 uh obviously it's important to be accurate in terms of the memorialization of things that are found of note during a search correct yes and the way that you normally would memorialize something like that would be in a police report correct that's one method yes you might have have personal handwritten notes uh a search correct yes you might videotape part of it or all of it I could and then you could photo document it as well yes but ultimately the circumstances surrounding how something was found or what was found at the time is best done in a memorialization in a police report correct that is one method yes and that is the official record of what was done at the time and who did it correct yes and you did in fact draft a police report as it rep as it pertains to the search that was done by the sear team on February 20 I'm sorry January 29th 2022 yes um mayor coor yes if you would take a look at the face page of that and tell me if that looks familiar to you it does is that your report that you utilized is that the report that you wrote rather not you is that the report that you wrote documenting the search that was conducted we've testified to uh in front of this jury yes um what's the date of that report February 10th 2021 which was a typo should be February 2022 okay so February 10th 2022 uh was the date that you memorialized the information about the search correct yes obviously that was much much closer in time than today correct yes or yesterday correct correct um if you turn to paragraph three could you review that paragraph and tell me after you review it if that refreshes your recollection about exactly what you indicated was found by you and the C team on January 29th 2022 my recollection of what was located Remains the Same I do see that the report states that it was a piece of clear plastic okay so in fact your report says that in approximately 1745 hours which is what time 5:45 p.m. the sh team located quote a piece of red plastic correct yes and then it goes on to say it was consistent with brake light material from a motor vehicle right yes then if you look down a couple of other sentences you talk about the shoe That Was Then recovered correct yes and if you look at the second to the last sentence a few feet south from the sneaker a piece of clear plastic consistent with clear lens uh of a motor vehicle is located correct yeah the quote is a second piece of red plastic yes well actually the sentence before that s just above that starting with a few feet South yes it reads a few feet south from the sneaker a piece of clear plastic that's not what it says would you like me to read it I'm reading it sure read it okay the sentence is several feet south of clear the clear plastic look at Sor sentence above that before that a few feet south of the sneaker a piece of clear plastic consistent with clear lens of a motor vehicle was located right so in your in your Lexicon a piece means singular does it not yes if you meant pieces you would have written pieces you're educated correct allegedly so clearly from this report that was memorialized on February 10th you indicated that a piece of clear plastic was located consistent with clear lens from a motive vehicle right that's what it says okay then well it's not just what it says it's what you wrote correct correct then the next sentence which is the sentence you were about to read go ahead and read that for me as well several feet south of the clear plastic a second piece of red plastic was located okay simple math according to your report like on February 10th a piece of clear red sorry of red plastic was found first then a piece of red plastic sorry of clear plastic was found then a piece of red plastic was found thereafter correct according to that report yes then you go on in the following paragraph to reiterate just to clear up any doubt about what was found and the last um the last sentence reads the sneaker and three pieces of plastic were secured as evidence correct objection see over I don't know what's the objection form no I'll allow it is that what it says yes okay then yesterday you were asked to open these two evidence Syms right evidence backs could I take a look of course of course yes may I approach yes sorry 570 [Music] 571 those are the bags that you opened yesterday correct yes you indicated yesterday in front of the jury you didn't indicate you pulled out two pieces of clear plastic did you not I did okay that was in bag I want to say that was in bag 570 why don't we do this can you please open with the Court's permission can you please open bag 570 I'm sorry evidence uh exhibit 570 in that bag and just look inside I didn't bring loves with in your honor I think there might be some on the stand there ins attorney Jackson could you uh just repeat your request again make sure I have correct of course Li um let's start with 570 okay I don't remember which one it is so if you could just open it and look inside and describe for us which uh items are inside that back so 570 the description is pieces of red hard plastic tail light C cover contained inside this bag look down in there and tell me do you see red red plastic pieces yes okay yesterday you pulled out two pieces and indicate indicated that's what the that was what was contained in the back correct correct take another closer look as I take a closer look there are two pieces and there is a very small fragment that remains in the back can you pull that that fragment out [Music] let show that to the okay you can go ahead and replace that so in total to how many pieces of red plastic are in that as we said here today there are three thank that open up the second bag I'll for mission may I approach yes thank you your honor may I yes uh if you wouldn't mind the next bag is five exhibit 571 is that right yes could you please open that let's go through the same process just look inside and tell us what you see inside 571 there are two pieces of clear plastic you go replace [Music] those thank you lieutenant those two bags are supposed to represent what was found by the C team on January 29th 2022 correct yes there's five pieces of plastic two red sorry three red two clear correct as we sit here today yes my question Lieutenant Tully is where are the other pieces of plastic come from be more specific which pieces where did the extra two pieces of plastic come from in those evidence FS well it it appears to me that small fragment I pulled out may have potentially come from the large piece the think that just to clear that up you believe as you sit here that smaller piece was broken off from one of the larger pieces I again I'm making a big assumption here at your request okay so yeah that's what it appears to me by looking in the bag and by the way Lieutenant this in the trick question I'm not asking you to assume anything you were there and you recovered the pieces and you described recovering three items of evidence Cor no didn't you just read your in your report I'll read it again last sentence the sneaker and three pieces of plastic were secured as evidence that's that's four sorry I said items of evidence items of plastic let's let's leave the sneaker out of our discussion for the time okay okay you were the one that conducted the search correct the search team conducted the search I was presented the search yes you were there photographing the things that were covered in the search yes and ultimately you were responsible for bagging those items up correct yes there are five items in that bag or in those two bags right just the plastic correct and yet your report very clearly says there were three items of plastic evidence recovered at the SE correct yes so my question once again is where did the extra two items come from the pieces of plastic well as memorialized on the bag it says pieces of clear plastic so I'll will take the hit that my report does not properly memorialize it but I would argue that the handwritten notes on the bag that are contemporaneous to the collection of the evidence is would be more accurate as is in my memory of two clear plastic things being collected now as to the third piece again I'm making an assumption that it appears that that is a small piece that was uh separated from the other two pieces you don't know that that small piece separated from the other two by being broken off do you no I don't just a guess on your part right it's a guess the the bags were you know out of our custody at the crime lab for a period of time they had done an analysis we did an Evidence review with you yourself and other defense Council on December 1st of last year we pulled all the evidence out it was memorialized by your investigator um and it was put back in in the bags you didn't see our investigator snapping pieces off plastic right he did not okay I want to shift gears for a second lieutenant and talk a little bit about the cell records that you testified to um specifically the Verizon call records that you testified about during your your training the 200 plus hours of training that you had you've learned how to read Verizon records to determine the cell towers that are used in your investigation correct yes you also taught how to read Verizon call records to determine the sector or the side that a cell tower is is uh pinging for lack of a better word called a cell face correct yes all right um one of the yes thank you one of the documents that you rely on pretty heavily is a ultimately it's a a call record that gives you certain information provided by the the whoever the carrier is Verizon AT&T T-Mobile whoever right yes do you recognize the document that's in front of you or the portion of the call record that's in front of you it appears to be a portion from the call detail records we referenced earlier okay um my questions about this are relatively simple there is a sector number that provides information that describes the directionality if you will of the Target phone number which part of the cell tower that Target phone number or that Target device was facing correct yes um in your Maps did you include any of the cell-face data about which portion of the cell tower was pinging Vis of the phone that was being tracked no can I explain why I made that decision please do when the trouble with depicting in making exhibits when relative to cell phone records is you don't want to make the map too complicated so as I describ it to the jury I want to make sure that the the record is clear now I don't typically will use the sector as part of my maps I would argue that it gives uh greater deference to the defendant because the phone could be anywhere within a 360° area of the antenna opposed to a narrower 120 Dee um area around that antenna so for the purposes of making a clear depiction I typically will not use sector unless it's absolutely important to show that a handset was in a specific location and so you did use I'm sorry you did uh not include the sector information on the map you provided uh both to Mr L which you showed to the jurors provided us correct yes as relative to the csli ones yes so in point of fact uh according to the map at least wherever that little triangle is that red triangle that you use to denote the cell tower or the antenna the the responsive phone the device could be anywhere on a 360° uh Asma from that antenna correct yes um I want to ask you about the the one map that was related to 5:20 a.m. to 5:37 a.m. you remember that not off top of my head okay uh there were several Maps shown I approach [Music] yes that's a copy of a page of an exhibit that's already been marked and ined into evidence you recognize that yes and that's a copy of your map that you did dealing withb 57021 correct yes and the time frame was 5:20 a.m. to 5 37 a.m. is that right yes all right uh and by the way do you know what enbi bid stands for no that's why the legend key is helpful I I've thought it's it's node is the NB but I don't I'm not I'm unsure on the E evolved node B identifier right is that a question yeah that's possible yes it is my question refresh Rec collection that's what it means I I have to look at the key again but that sounds right so an evolved if if that's what it stands for an evolved node B identifier and then ass of numbers after that is simply sort of the proper name for a particular Tower correct no two towers have the same INB ID correct um correct okay um with regard to and I'm just going to call it ID 5721 um do you see what appears to be uh on on your map what appears to be the cell tower that is associated with that ID number 50 7021 yes okay and there's there's one address that's not denoted on your map correct that 34 Fair View uh no there's multiple okay which what are the other addresses that you noted on your map one Meadow zav and waterfall Bar and Grill okay that approach yes if I could hand you another map does that appear to be a Google map yes does that generally track the map that you created the darker map you created meaning it's the same basic scale it is not the same scale uh how much different is that scale the one you handed me is a is a zoomed in version of the map I created okay you recognize it as being Rel a uh true and accurate reflection of a Google map that's just zoomed in a little bit on the same basic area it's as you just described it appears to be Google Map okay creation and you see two addresses that are denoted on that Google Map yes what are those two addresses 34 Fairview Road and 12 Country Lane and as you look at that Google map with both of those given your uh experience with both of those addresses those appear to be denoted accurately on that Google Map it does I would note that you can't see the roads really on this map that you handed me understood I'm not going to ask you question it's a white blur so it but does it look like it's that's where 34 Fair View is and that's where 12 country yeah okay then I'm GNA ask you for the third uh item that's denoted on the map and that is the cell tower uh 5721 you see that denoted on the map yes does that appear to be generally accurate in terms of the spatial location of where that cell is yes the it that docum objection sorry thank you thank you taking a look at that exhibit uh would you agree that the cell tower 5721 is significantly closer to what's denoted as 12 Country Lane the mcab residence physically as a pro flies than it is to 34 fair I would not characterize it as significant how would you characterize it that it is closer okay may I publish okay take a look just a second take a look at the upper portion upper right portion of the map that I just highlighted what does that denote the self tower that we previously mentioned 5721 okay and then there's a line from as a a straight line from that cell tower down to this location what is that location um it's denoted on this exhibit as 34 Fair View Road okay uh and do you see a indicating scale how far that is I see I see numbers and Miles written on there does that appear to be reflective of the given your understanding and your experience with this location or these locations does that appear to be a relatively accurate uh delineation of the distance between the cell tower and that location and that address I don't know the distance between the cell tower and the dress off top of my head would you would you agree that it's around 2 mil it's roughly 2 miles okay uh then I'm going to ask you to take a look at the same proximity cell tower on the top of the the screen and then the address at 12 Country Lane you see those two items denoted on the map yes and do you see the approximate distance between those two items see it on the map all right and does it appear to you that the distance from 12th Country Lane looks like it's less than half the distance to 34 I wouldn't characterize as as appears to be less than half how would you characterize my understanding of that area I would say it's at least a mile between those two locations as the crow flies Okay meaning between the cell tower and 12 country yeah right and that's it indicates approximately a mile correct it does indicate that okay and the other location indicates approximately 2.4 miles right it does indicate that all right so would you agree that a mile is less than half 2.4 miles I would agree a mile is less than half than 2.4 thank you we can take this you also noted that there was two there were two cell towers much much closer to 34 there are two cell towers much much closer to 34 Fairview than the the 5721 correct yes and as a matter of fact already noted that for the jurors that uh say at 6:00 a.m. or 6:05 a.m. and thereafter when it's clear that this re was at 34 Fair View found the body of John that her phone was relaying to those two towers various bouncing back and forth corre yes those two towers are 5717 one correct sorry I test your memory like that I can can I approach yes this is just his gry St the same stuff that you I'm just going to give you that packet Lieutenant uh like I said it's not a memory test that helps refresh your recollection of the the name of the two towers closest to 34 Fair View do you have that in your mind yes sir okay so the two towers closest to 34 Fairview are 571 71 correct yes and 57286 is that right yes and both of those Towers picked up misread signal at 12:33 a.m. and again after 6:03 a.m. correct you asked me about 12:33 so I it's okay I'm going to refer back in the exhibit of course that is correct it hit the 571 71 and then after 6: a.m. it was also picking up bouncing I think you said bouncing back and forth between 5 7171 57286 yes both of those Towers were picking up yes importantly though between 5:20 and 5:37 a.m. neither of those two towers ever picked up her phone or any signal from her phone correct correct okay so based on those facts it's far more likely that Karen Reed was actually a for maves on her way to Jennifer maves at an around 5 a.m. then going to 343 correct objection sustained may I approach just to retrieve [Music] sure did I I just want to make leave Mark oh I'm sorry that that goes with that I believe you handed me that here's the marked item perfect sure that's there there were two other documents you had handed me previously that are not marked okay thank you I just want to touch very briefly on the on the ranging data the RT records uh what does rtt stand for depends on who you ask from Verizon either range to Tower or round trip time have you ever heard real time tool I have okay so that's the rtt has several acronyms but real time tool is one of them correct yes um the the RT data is what you earlier described as a ranging data uh or access distance correct I didn't use the term access distance I know that Verizon may but I yeah I said ranging so it's uh just in common vacular it's the distance from the Tower or from the antenna to the where the signal is going correct yes all right um May I approach one more time [Music] yes could you please review that and tell me if you recognize what's depicted on that document I recognize to be one of the entries from the RT report for the account we're talking I'm sorry and it's around 518 in the morning correct yes okay and you utilize this report or portions of this report including this entry uh to come up with your data especially as it relates to ranging data correct yes uh do you see the column on that document called uh cross duration sex right procedure duration sex I do what does that mean that is the amount of time in which this communication occurred okay um am I correct in understanding the the length of time for the RT event is calculated in seconds correct it is all right uh do you see the row in the in the exhibit that indicates the time 5:18 a.m. yes and do you see a a column that's labeled procedural uh sorry procedure start time yes and right next to it there's a procedure end time correct yes are those the start times and the end times that you earlier testified to in front of the jury about the event in question at 5:18 a.m. or thereabouts uh the start of the of the interaction or the communication with the device and the end of the communication with the device yes when you say communication with the device what does that mean what do you referring to a phone call a text something we don't know as I testified to the ranging reports will create entries even unbeknownst to the user so uh I have no information with this record before me about what the use was or was not doing with the phone but your testimony is that the those two arcs that we saw those respective arcs that we saw your testimony is that this RT data in your view establishes that she was on the device not she but the device was on the first Arc at at the start time and it was on the second Arc at the end time I'm I'm going off the ranging that they give me and then you created those two AR I'm just trying to make sure I understand what the definition of those two arcs are on your map the the definition comes from the first distance and last distance which is denoted on this exhibit you have in front of me here okay and the first distance is what 82 miles okay and the second distance is memory I think it's 97 correct right that's a difference of what do the math 1.5 miles .15 miles correct Excuse me yes okay uh and do you see the procedural duration column indicated on that document I do okay and the procedure duration column indicates zero doesn't it yes however if we look very closely at the start time and the end time they're not actually the same times are they correct there's a difference in those two times can you tell the jors what that difference is it is 4,000 of a second 0.004 seconds correct yes and you testified that you believe that the start and end distances for the RT event in question uh indicate two different locations for that device in other words the start time it was on the first Arc the end time it was on the second Arc you don't know where on the arc but somewhere on those two ARS using the ranging data I created a map and that's what I did okay and so the device would have moved from the first Arc to the second Arc correct yes right you're familiar with obviously the formula to determine speed using distance and time correct yes all right can you calculate for us the speed that the device would have traveled to go from the first Arc to the second Arc over a distance of .15 miles in 4 thousand of a second not not off top my head okay let me see if I can help so distance sorry speed is calculated is distance divided by time right yes if you divide .15 Miles by 4000 of a second you come up with 37.5 miles second would you agree objection sustained can you do the calculation in your in your head no sir you need a calculator I would uh your honor if uh I'd like to council at tyer please so do you happen to have your cell phone I thought you were going to ask the other question first with your numbers can um let me ask you so you don't have to sit there with a cell phone in front of you let me ask you if you would agree with this that 0.15 divided 04 is 37.5 i' have to write it out I'm not sure I'm sorry um if I if you had a calculator in front of you could you do it I could you don't have your cell phone with you I do not with Court's permission I've got mine right here I can turn it on or my my co counsel how about can you use Madam Court reporter's cell phone and do that she's Clos this yes honor thank you thank you madam court reporter thank you your honor if you could divide 0.15 by 0.4 let me know what you come up with 37.5 so that would be given the fact that the distance as calculated as as indicated on that record the distance is15 mil over the course of 04 seconds right no I I would push back as to the when the distance was being created that's the first distance and last distance right what you indicated was the cell phone or the device was on the first Arc during the first time and the at the start time and on the second Arc at the end time all I'm asking is some basic math so you would you would agree that if the calculation we just did or you just did is 0.15 Miles divided 4,000 per second that is 37.5 miles per second to stay consistent miles per second correct what I don't I don't agree with the premise of the question so the you don't have to agree with the premise of the question I'm asking you about the math oh the math is correct yes the math is correct it's miles per second correct on that calculation in order to get to miles per minute you multiply it by 60 correct yes can you do that for please Madam clerk the question again sir I'm sorry yes multiplying 37.5 * 60 would give us miles per minute what is that number 2,250 and if we wanted to go to miles per hour which we're more familiar with multiply by 60 again wouldn't you and what's that number 135,000 excuse me sorry 135,000 135,000 miles per hour correct yes so you would agree if the if the premise is moving from The Arc the first Arc moving .15 miles to the second Arc over the course of 0.004 seconds the device would have to be traveling 135,000 miles hour correct in your question you said 1.5 miles travel it's 0.15 miles you corrected me I'm GNA throw it back at you sir fair enough fair enough 0.15 miles over the course of 0.4 seconds the device would have to be traveling 135,000 mil hour it's basic now correct while I agree with that I would push back that's probably not what the record is indicating you would indic you would agree that that is physically impossible correct for cell phone yes right and you would also agree that since that's impossible you're not suggesting to this jury that the device moved from Arc one to Arc 2 in 4,000 of a second that can't be what you're suggesting I'm not suggesting that okay in fact what actually makes more sense is that the signal was moving to and from the device at light speed 186,000 m second it does radio radio waves move it at what speed of light speed of light 186,000 miles per second right yes okay if as you indicated on direct examination if that return signal the bounce is in any way refracted me it takes a deviation it's not straight because something like I don't know weather participation precipitation or snow then it would take longer to get back to the antenna correct that's fair and that could be what's reflected in that map and the distance of the two ARS isn't that correct that's not my experience with these records but you do agree that in fact the device as you indicated earlier moved from Arc one to Arc two from the start time to the end time that's impossible no I'm saying that the records reflect that the first time the distance was created marked and the second time the distance was marked that's what represented on the map right but you said that those are reflective of the start time and the end time which is 4,000 of the second apart no I don't know that's when these distance were created it doesn't say start of procedure distance it says first distance last distance actually it says I got the copy I don't fa approach yes procedure start time 518 and 19 seconds1 154 right yes procedure end time 518 19 seconds1 158 right yes that's the difference may I approach one more time yes that's the difference that's the four of the second difference correct yes and on direct examination you said the start time and the end time are how you calculated the two different parts correct no you changing your testimony no the map says first and last as reflected in the record first distance and last distance so one could hold the map and this record next to each other and figure out how I determined those locations depicted on the map it doesn't say start and end time it says first and last right [Music] but you have you said that it was the beginning of the communication and the end of the communication which are both reflecting on that document start time and the end time I understand what you're saying about the distance it's 0.15 nobody's arguing about that you're saying you said on direct examination that the distance was a difference between what time the first AR occurred and what time the second Arc occurred and there was a distance between it and your testimony was the device moved from the first Arc to the second Arc just set it right I'm saying the device moved from the first Arc to the second Arc yes and it would be impossible to do that in 4,000 correct a cell phone yes um you did one one last issue and I'm gonna I'm G to deviate from the cell tower stuff you got information during the course of your investigation that eyewitnesses or an eyewitness placed a Ford Edge in front of 34 Fairview in the early morning hours of January 29th 2022 correct I'm familiar with that as a supervising investigator by the way you were familiar with the fact that the the witness the eyewitness placed that Fort Edge being sorry see if I can start that over the eyewitness indicated that the fort Edge was placed there sometime between 2:30 in the morning and 3:30 in the morning correct I'm familiar with that all right as the supervising investigator did you do anything to investigate the circumstances of that cord Edge being placed in front of 34 Fair viiew sometime between 2:30 and 3:30 in the morning yes what did you do well we determined the veracity of that statement and we want to make sure that the person who gave it is consistent and accurate and had a good vantage point of it um I have concerns about by the way you sat side that no why not well the person has given the statement multiple times and it appears to have changed over those times um it also appears that the person observed this vehicle from a distance and also the identification of a fort Edge seemed highly suggestive the way that I had read the account of it if I had done that as a police officer this quote would throw out that identification so did you find out anybody in the Albert family on the for Edge uh I don't recall I th my head if somebody did you look uh at automobile registration records I did not no uh did you task anybody else to look at automobile registration records I believe Trooper Proctor and SJ muken had investigated that and do you have any idea what that investigation revealed I don't did the AL own a fort Edge I I don't know as a city here they did own a fort Edge didn't they objection so the objection sustained but nothing was done further that you're aware of to investigate the circumstances of that Ford Edge being seen be placed in front of 34 fair viiew right where the body was found between 2:30 and 3:30 the morning right an investigation into the reliability of that witness was conducted so you just decided and that investigation is I didn't believe him right no yes that's all I have okay Mr L anything just briefly so as far as uh that last line of questioning as far as the uh the witness in the fort Edge um you mentioned that there were several different stores correct yes several different versions of the statement yes and what were those different versions uh the first was that uh this person saw a fort Edge in front of 34 Fairview the next one that I can recall is that the person stated that they were not on fair viiew but on Cedar Crest some distance away looking at this vehicle u in a blizzard person also self-reported that he was color blind um and he was operating a larger motor vehicle um the third story was a concern about the time the the third story was um as he arrived um the Canton Police had the the street blocked off at about 4:00 a.m. and he places the this for Edge um Outside The Residence at a time before that so we know through our investigation that the C police didn't arrive till shortly after 6:00 a.m. so the witnesses times are off as well as far as the uh what you term as a highly suggestive ID with for Ed can you explain what you mean by that as I read the report um the investigator had asked the person um first the question they stated that there was a vehicle in front of 34 Fair View Road the witness was then brought outside and the investigator allegedly pointed to a motor vehicle that was in a parking lot and it said is that it and the witness said yes that's it and so it's suggestive u in the fact that it would be a single photo identification which you know as a police officer I would not give somebody one thing and be suggestive is this it because as the courts have ruled that's highly suggestive and the person's more likely to adopt that description of whatever they're describing opposed to a use other methods now when you were being asked uh on Cross examination about certain distances uh from the house at 34 Fair viiew um to the area where uh you have recovered items uh repeatedly you had been asked about a distance of 30 ft correct I did from the items uh that were covered um in the area that uh was described to you as where Mr O's body was was located shortly after 6: a.m. is that 30 ft from the house no where where the items were were a little further on the edge of the property so it'd be closer to 40 or 50 ft and as far as where Mr oef was located with reference to to the curb with reference to uh the street how close was that um from the curb uh reports was about 10 ft from the curb and so the evidence was u a lot closer to the roadway a lot closer to the curb than it was to the house correct St as far as uh the what if anything did you find significant between the location the evidence in relation to uh and Kei in relation to the roadway versus in relation to the house the piece of evidence were physically on the roadway on the pavement or curb just one question as it applies to the sallyport video from thean Police Department are you aware of sort of how those videos were recorded as far as when they stopped when they started um not off top of my head no but the ones we have in possession no as far as and and I'm sorry let me ask a question probably a little more succinctly but with reference to um are you familiar at all with the camera system at the Canon police station vaguely yes as far as uh do you know whether or not it's motion accurate uh the Canon IT director stated that it was Mo so the objections St let me ask Qui are you aware that the cameras are motion objection as to format system what if anything are you aware as to how the cameras rep objection I'm going to allow it approach okay now Lieutenant when it came to the uh sallyport video at some point you did uh review them to some extent yes and over the course of your review uh what if anything did you note in reference to uh time was it sort of one long consistent or did it jump it jumped and based on that what if any conclusions did you draw as to how that video reported it appeared to be motion activated as the these jumps occurred it uh appeared to be triggered by motion now with reference to the items uh that were recovered on January 29 during the SE team search that you were present for uh in addition to your police report how if at all were they memorialized on the exterior of the paper bags that they were contained in and when was that done before or after February 10th when you're was objection ask different when was the memorialization on the evidence bags done in relation to when you owe the report objection I'll allow it uh the difference would be the the notes on the outside of the bag happened at the time of collection and then I wrote my report 11 days later so as far as your memory as you sit here and testify today and yesterday as far as the items that you uh took out of the bag are those the same items that you recovered or were recovered by the SE team on January 29th yes now the information from the call detail records that Mr Jackson presented to you uh there was essentially two little columns correct two rows yes rows excuse me um and was that sort of the entirety of of what you reviewed as far as the call detail records in relation to generating the slides that would to the jury no and I'm sorry may I approach on yes may I see the uh exhibits I'm sorry these are not marked the mark which one uh whatever the last one was in Mr yes thank you may approach a witness yes telling you now what's been marked as exhibit 577 uh with reference to what Mr Jackson had given you earlier Lieutenant from what's dep picted on there what if any issue do you have with the depiction on that exhibit um like I mentioned the it's difficult to get a good sense of what we're looking at because the roads don't really appear on here if they do they're light and faint um there are the large black line kind of intersects with a lot of them um with the words of them um at the bottom it looks like it's written map scale next to um a scale but I can't attest to the veracity of that um those would be a couple problems I see now with reference to uh the slid that you created uh with the different time frames not just the one single time frame um again the times uh that you observed um or the the location of the handset of cell phone uh of the defendants that you observed from the call detail records were they consistent with other pieces of evidence that you had whether it be video and or witness statements yes and that would be consistent with the location of the defendant correct [Music] yes now asked uh some questions about speed and distance trael um and you indicated that you did not agree with the premise of of Mr Jackson's question correct yes can you explain to the jury what what it was about the premise or or what it was that you did not agree so while I agree it would be impossible for the phone to travel at that distance I disagree with the premise that the procedure that it was being captured here and the distances are may not be at the same time so there may be the distance I could have preceded the procedure and the end distance could have been after the procedure um there are other ways um to capture that information again all I'm doing and I'm at the mercy of the records is illustrating them I then take the next step to in order to cooperate um that information ideally through video and other location based information now in relation to speed is that something that you've done in in other cases with fall detail records yes and uh mentioned that you weren't able to do it here or didn't do it here can you explain why not uh by speed do you mean route of travel or so if I have a more robust set of Records so again we're at the mercy of Verizon here we only got an A limited number of records from the ranging data with other cases if the phone is much more chatty with the antenna if there's more lines of communication I've seen lines of communication as uh frequent as every couple of seconds or less than a couple seconds as I map those out I can make more of a determination of maybe the the route of travel of the cell phone so as I put the first Arc I'll then place the second arc on a map and say to myself how could a handset get from the first Arc to the SEC second Arc and I'll have a number of possibilities I will then lay out the third Arc okay how could a phone get from the second Arc to the third Arc and repeat that process narrowing down the different possibilities and often times I'm able to determine the route of travel send in investigators down to that route and we find cooperating information and again why was it that you weren't able to do that with this information that you received from Verizon in this case we received a limited number of entries on this record and what if any relationship does that have to sort of the the area or the geographic location as far as the town of Canton is concerned and the number of antennas there um well as respective to the number of Records It's a larger area the cell phone could potentially be so in no way in your testimony in your slides or anything else is suggesting that the device or the handset or the defendant cell phone was traveling at that speed correct correct so could you explain to the jury again exactly what those arcs mean and what you are explaining with reference to those records have a start distance and an end distance I take those distances place them on a map um starting where the antenna is also in that record uh states it is draw a distance from that antenna draw an arc at that distance with the radius being the the distance that's on the record um and have an arc that's in excess of [Music] 120° you're also ask some questions about whether uh causing some sort of interference or something in in relation to uh the recording with regard to antennas or which antenna a device might connect to um you indicated that was not your experience uh with these types of Records can you respond upon that the greatest predictor of what antenna cell phone is going to use is distance because like I said the the further the handset is away from a an antenna the more degraded the signal is going to get so that's the best predictor but like I mentioned um earlier there are things that can disrupt a cell phone signal which would cause a handset not to connect to the closest antenna and that can be physical obstruction precipitation uh elevation uh an antenna goes down for whatever period or for whatever reason causing it to connect to another antenna that is technically further away and so from your review of fall detail records and from your mapping from those various time frames contained within the sent ofy um what if anything uh can you say from that material in reference to the other evidence uh collected as to the location of the defendant cell phone during those relevant T um well relevant I'll zero in at the F 518 um I would suggest that the defendant her vehicle and the cell phone were on Washington Street outside of Temple Beth Abraham um at that time uh that's one thing that I would be comfortable suggesting I have a moment yes [Music] thanks sir nothing further on Jackson very briefly uh Lieutenant uh do you still have I think it's 578 578 I have 577 57 is not up where's the the RT record is that 577 um I have rtt records that are not marked in front of me may approach yes to ad May I approach yes ad slow conjection so let's mark it for identification though just have the witness identify it understand I'm sorry then that was letters triple K thank you you're looking at triple correct yes sir all right when you created the arcs on your map you also put on the map 518 a.m. correct yes where'd you get that number from the procedure start in end time so you did use the procedure start time in end time correct H to denote the time but not yeah to denote the time on the slide yes the event correct yes all right so the 58-9 I'm sorry 518 and and 19 seconds and then I don't have it in front of me but .154 I think is that right yes that was the time that you used to establish that the device was on the first Arc correct no I didn't use it to establish the arc I used the distance to establish the arc and I place the time on the slide what time you tell 5:18 the time that Verizon gave you as the start time correct yes the they're both 518 so there's a start time and a start distance from the tower in other words the event took place at this distance at this time starting correct no you're using the wrong words it says first distance I'm not using the wrong words yes sir you said start distance it's first distance okay fine okay pick pick the words first distance start time and first distance correct yes those are on the record right then Verizon gives you an end time correct yes and last distance right and you created your Arc based on the start time and first distance versus the end time and last distance correct no I I the time w't Associated re you're saying no is because that would require the device to to travel at 135,000 mil hour Jackson if the witness could please answer the question so let him finished sure and then the objection to that is sustained you can ask it differently go ahead the times were not part of the depiction of the range well I S I will suggest to you that it is probably unbelievable that those are actually start in end times what I'm saying is we don't know for certainty that that is the exact time the first distance and the last distance I'd have to look back at the records but I also say that we have cooperating evence evidence to say that that is accurate so you'd have to look back at the records correct yes that is your record you looked at isn't it the records key and where's the records key they were provided by Verizon where are they sir I don't have them in front of me that's [Music] all okay may we approach just briefly okay do you have that in mind sir if I may have that exhibit thank you very much to believe this defense councils as well okay all right your next witness Mr L