e e e e e e e e e e e e e e e e e e e e e e e e the hear ye hear ye hear ye all parties having anything to do before The Honorable first Justice kenon now sitting in the deam superior court with and for the county of north drawn near with your attendance and shall be heard God sa the final wel Court good 2117 the Commonwealth versus Karen Reed councelor could I you identify yourselves for the record Adam L for the Comm good morning good morning Mr L good morning your honor Laura mlin for the good morning Miss mlin H good morning Mr Jackson good morning Miss little morning Miss tetti good morning Miss Reed good morning jur so I have to ask you those same three questions were you able to follow the instructions and reframe from discussing this case with anyone since we left here everyone said yes and noted affirmatively were you also able to follow the instructions and refrain from doing any independent research or investigation into this case into the last year everyone said yes or not at affirmatively did anyone happen to see hear or read anything about this case since we left here the other day everyone said no okay thank you may we have mix please watch your Stu again cour the truth the whole truth and Tru I sure v a l l i e r all right Mr L whatever you're ready thank you H morning man now ni uh valer uh when we had left off uh the other day um I believe you had just looked at some photos of item 7-16 is that correct um if you recall it's been a few days [Music] yes and next I'm G to show you phots all right so I'm going to remind both of you to keep your voices up Mr L when you're facing the witness and you're this close I guarantee you nobody behind you can hear you underst do you recognize what's in those photographs and what do you recognize those to be uh photos that I took of item 7-16 can I approach the witness yes you the call to seek to introduce in a minute can I [Music] no objection you want to for the record those are good 332 333 369 37 371 372 thank you thank you thank you with the court submission may I have those published for the jury yes Miss Gilman if I can have photograph 2059 yeah you recognize what's up on the screen is that photograph which is now yes is that one of the items from 76 measur coresponding that yes and M Gman if I could have photograph 2081 Andy Mi glair what's up on the screen is that another piece from 7-16 that's not been marked as ex 369 yes now where as far as this um particular item is is concerned with reference to sort of the texture of that particular piece of clastic what if anything you know observe refence I'm sorry the texture um I'm sorry do you have the um laser pointer in front of you or oh yes now as far as the surface area of that particular plas how would you describe that I mean there are little dots on it they're not just like dimples of a sort your diples of some sort on a piece of plastic yes and as far as those sicks or diples on the piece of plastic were those flush with the rest little um I don't recall and if iot me your 64 and again this what's up on the screen that's now been marked ex 371 do you recognize that I do that is another piece next to rer emori measur from it6 that correct correct thank you a man coach witness yes this where I'm showing you a another series of 11 photographs can you tell Mr yed what those are so he can look at at his copies Council was shown each and every one of the photographs prior to court coming in today but I'm happy to give them the counsel as well I'm just trying to save some time right I just need to know the particular evidence numers at the uh do you recognize those I do and what do you recognize those to be uh photos that I took of item 7-16 so additional items contained within item 7-16 is that correct yes and what's contained in those photographs is that a fair and accurate portrayal of what you observed during the course of your examination and Analysis in regard to item 7-16 in this case yes thank you your honor the Comm seek to introduce and Adit as the next 11 exhibits any objection I'm not going to have that's thank you and your honor with the Court's permission if I could publish uh some of the photos from this packet for the jury okay filing if I can have photograph 2036 you recognize what's up on the screen as exhib 373 um that was one of the photos I just looked at and as far as the evidence back item from 7-6 is that correct yes and have9 and again you recognize what's on the screen which has now mared 34 I do and what do you recognize those uh a photo that I took of item 7-16 and that would be the entirety of the items contained within that PRI is that correct yes again do you recognize what's it up on screen I do what do you recognize that to be a photo I took of item 7-16 particular one of these can you speak up in particular one of the red plastic pieces from item 7-6 is that correct yes for the you're that 6 376 okay and Miss Gilman if I could have photograph 2053 and again Mi do you recognize what's on the screen now as exhibit 37 I do you recognize that one of the photos that I took of item 7-16 lastly from thisch recognize what's on the screen I do you recognize that it's one of the photos that I took of item 7-16 and this particular item here 380 descri of color shape what What You observe from this particular item um that's a piece of red and clear apparent plastic piece of red plastic with piece plastic with the same piece is that fair to say um piece yes um apparent plastic yes now M if you could um describe for the jury again just as far as the process that can we put the lights on Mr yes I'm sorry my apologies no it's okay thank you m Le if you could um explain to the jury again uh sort of the process that you undertook uh as far as these various pieces uh from these various uh evidence item numbers um what was the process that you undertook as far as doing your comparison um so first of all everything is documented each each item is documented separately um with photographs notes um I put a label with the case number item number and then um a b c Etc if there are multiple pieces in it um a label on each piece um I look at the photos to see if there are any similar similar dissimilarities um to see if there are any um potential pieces to compare um and then if I do think that there are pieces that could be compared um I'll open those items um and keep them all separate um and then look at them in real time to see if it does actually look like they um could be consistent um before I bring them close together um and if it still looks like they are they could be um consistent then I'll bring them together to see if there is an actual mechanical fit and then I'll document that and look at it under the stereo zoom and the device or the instrument that you're looking at again could you describe for the jury again what that is uh so the stereo Zoom is also called a stereo microscope um it's a microscope that um is on a stand um so you can put larger pieces of evidence underneath it now as far as that initial uh sort of um looking at things together are you doing that um how how are you sort of organizing that is that by item number by color or by something else um I did this by color because it seemed the um easiest way to organize all of these pieces and then within the individual item number um say just randomly 7-15 for examp for example um are you looking at that those if multiple pieces within an item are you looking at the consistency within the item prior to looking sort of Crossing between 715 to 76 is that is that the process um sorry could you repeat the question um very long question very conf Michael so as far as the comparison is concerned are you looking solely within an item so if an item has multiple pieces are you comparing just those pieces within that item first um as part of my initial examination when I'm documen in that that item if there are multiple pieces I'll compare those pieces first and then if there are any pieces that are consistent are you then cross referencing that item's pieces with pieces from a different item um yes you onor may approach [Music] yes I'm showing you another series of 19 photographs to review those help for and uh do you recognize what's contained in those photographs mix valair I do and what do you recognize um these are photos from my case of um either within the same item that had a mechanical fit um that I'd then tape together or of and um of mechanical fits from between different items may approach yes to seek to introduce minut as the next morning right uh I was going to hand them to you after they that's fine for for ask for before you get to the photos mix if I could just ask as far as um as far as your analysis was concerned with reference to each of of these items um if I to excuse me just ask you some questions about that um starting first with item 3-1 that was the passenger side tail light housing is that correct I believe so and you analyzed uh pieces of that along uh with the the sort of housing unit itself is that correct oh do you mean like there was that there was like the tail light and then there were smaller pieces also in the correct yes and uh you took measurements of the various pieces uh that that you observe I did and did you record those within your notes I did um do you recall what those measurements were um not without looking at my notes permission May the witness refer to our not yes [Music] Witnesses ready and what were those measurements do you want all of them just in U yes I mean first starting with reference to the the tail light housing assembly um okay so the tail light I called piece a in this case and it measured approximately 14 in by 9 in by 8 and A4 in and then which of the pieces uh that were contained within that sort of tail light evidence bag did you compare to the tail light housing itself um so there were there was a lot of like very very small pieces that um I took pictures of but they're very very small so they were not suitable for comparison so I didn't look at those um there were some larger pieces that I did that were suitable for comparison so I did look to see if they fit in with p a and with regard to uh that analysis of whether not they fit in with p a which of those pieces uh did you find did fit um so amongst item 3-1 um let's see sorry sorry um piece a and piece B fit together mechanically and then piece a and piece F fit together mechanically f f is in Frank f is in Frank yes it may be pretty apparent but if you could mix Flair just U expound upon what you mean when you say they fit together mechanic um so when things Break um they break in a like unique pattern like it's pretty different every time um so a mechanical fit is bringing two things with broken edges um together to see if they were originally part of the same same item um see if they like if the broken edges align um and if they do then that's a mechanical fit now turning your attention to item 7-5 you looked at those various pieces together as well is that correct um I believe so and were there any uh three pieces in total from 7-5 so a b and c is that correct as well um may I look at my um yes and what if any mats did you find with item within item 7-5 um there were no mechanical fits amongst those three items or three pieces of the item and with reference to item 7-6 there were two pieces A and B within that is that correct um May okay um yes and were there any physical matches within those two pieces of item 7-6 no now turning your attention to item 7-8 do you recall how many pieces were contained within that um if I may look at my um there were 14 pieces and of those 14 pieces uh they were each compared to each other is that correct correct and what if any mechanical fit did you find between the pieces contained within s-8 oh uh so pieces c and d uh were found to fit together mechanically and then pieces E and F were found to fit together mechanically you e you are unmuted [Music] mix Blair turning your attention to item 7-9 um you analyzed three pieces from that is that correct okay Mi you can okay um sorry could you repeat your question how many pieces were contained again within item s-9 uh three pie seven-9 yes three pieces and what if any physical matches did you find contained within that item 7-9 um there are no mechanical fits and with reference to 7-10 how many pieces um one piece and with reference to item 7-1 how many pieces contain within that um six pieces and what if any physical matches did you find contained within s-1 um there were none 7-1 how many different colors of pieces were contained within 7-1 um there was black red and colorless apparent plastic now with reference to item 7-12 how many pieces were contained within uh there were 14 pieces and of those pieces um again how many different colors or or how many different colors of pieces were were within 7-12 um they were all colorless and from those what a any mechanical fits Did You observe or did you find within item 7-12 okay um so there were three um you want me to say all the pieces that fit together please okay so pieces b c d f and k um all fit together pieces e and I fit together and pieces M and N fit together now turning your attention to uh item 7-13 how many pieces were contained within item 713 uh three pieces and uh how many different colors of items were contained within 7-3 um it was red and black apparent plastic what if any physical matches did you find within item 7-3 um there were none turning your attention to item 7-14 how many pieces were contained within that um there was one piece and what color was that one piece uh it was colorless and turning your attention item 7-5 how many pieces were contain within that um there were eight pieces and as far as um those eight pieces uh how many uh items were of different color what color were they um they were red and colorless apparent plastic and of those eight pieces what if any mechanical fits that you find within them um so piece F and piece H um were found to fit together turning your attention to item 7-16 how many pieces were contained within 7-16 um there were seven pieces and of those seven pieces what if any differences in color with the seven pieces within 7-16 um it was red and colorless apparent plastic and of those pieces what if any mechanical fits to be find within 7-16 uh pieces a C and D um fit together mechanically now with reference uh to those pieces once you did those inspection from or analysis from uh the individual items what if anything did you do with those individual items with reference to the tail light house um so before even comparing it to the tail light um I compared all of the questioned items to each other so that's the seven Dash 5 to 7-9 um to see if any of those pieces would fit together um and amongst those I was able to make five larger pieces um that I called piece one through piece five and of those uh larger pieces uh which of those larger pieces were you able to mechanically fit together um prior to comparing them to the TA house um sorry can you from your analysis of of those larger pieces and and analyzing them together with with other larger pieces um what if any opinions did you draw what if any conclusions did you come to as far as your analysis of those um so for the larger pieces amongst item like the different items um that fit together mechanically I can see that those items were once a part of the same unit and so I guess what I'm asking uh mixer is with reference to uh say item 7-6 or 7-5 or the items in and of themselves which of those items were you uh if any were you able to find mechanically fit with each other um amongst like like sorry um are you asking me like which specific items made up like piece one correct um okay I can okay um okay so piece one contained pieces from item 7-5 7-8 7-10 7-1 7-13 7-15 and 7 -6 and then so based on their mechanical fit what if any conclusion did you draw in reference to those those several items that um those specific pieces from all of those items were at one time together as part of a larger unit and then what if any comparison or analysis did you do of items between U item 7-15 and item 7-6 um so pieces from item 7-15 and 7-16 were part of piece one um I could look through my notes and see if they're a part of any of the other pieces that I fit together with okay okay so um piece two um consisted of pieces from item 7-15 and 7-16 and then with reference to item 7-6 and 7-1 what if any what if anything did You observe between the [Music] pieces okay um so piece three um consisted of pieces from item 7-6 and 7-1 similar to what you had described before with 715 and 16 as far as them mechanically fitting together and now I'm talking about 76 and 711 uh what if any conclusions did you draw in regards to that um that those pieces from item D7 item 7-6 and item 7-1 were at one time together as a larger unit and then as far as item 7 d8 7-9 and part of 7-16 what if anything did you were you able to do with reference um so piece number four um consisted of pieces from item 7-8 7-9 and 7-16 and as far as mechanically fitting those pieces together again what if any conclusions did you uh come to in reference to those items uh 78 79 and 76 um that those pieces from item 7-8 7-9 and 7-16 were at one time together as a larger unit now uh lastly with reference to this in reference to item 7-12 and 7-14 uh what if any analysis did you do with reference to pieces from those items sorry which item 7-12 and 7-14 um uh I have item 7- 11 and 7-12 that fit together for piece number five and your honor with what's now been marked as exhibits 384 through 402 if I could ask to publish some of those to the jur yes gentlemen if I could have photograph 2069 Mak do you recognize what's up on the screen as now 384 I do what are we looking at um within item 7-16 um those are pieces that were mechanically fit together and 2096 and do you recognize what's now been marked as exhibit 386 I do and what you recommend that to be um so that is what I called piece one um so the piece that um is made up of apparent plastic pieces from many of the different items if I could ask you to just zoom in a little what exibit number is this Mr this is 386 and from sort of this J version of 386 are you able to now see some of the um yes uh so these labels right here here are the labels that I put on each piece individually when I initially examine it um so all of the little white labels you recogniz what's on the [Music] screen I do what do you recognize that to be um that's still piece one it's just from a different angle if I can have 21 and next we you recognize what's up on the screen nowed I do what are we looking at um that's still piece one um from another taken photos taken from another angle out3 you recognize what's up on the screen which is92 I do um that is another angle of piece one miss Gilman if I could have photograph 2107 Mi do you recognize what's up on the screen which is now marked exibit 395 um I do and what are we looking at in exhibit 395 um may I look at my notes okay okay um so that is p two do you recognize what's up on the screen which is now mared as exibit 398 I do what do you recognize um that is piece three and if i111 [Music] I do what do you recognize that to be um that is piece four Miss if I have photograph 2113 you recognize what's up on the screen now that's been marib 401 I do what do you recognize that um that is piece five you my Approach yes so mi Val uh earlier I'd uh put before you another 23 photographs do you recognize what's depicted in those 23 photographs I do what do you recognize that to um that's comparisons between item 3-1 and piece one and item 3-1 again was the tail light is that correct correct um you with the court court call would seek to introduce and admit as the next exhibits okay for for for [Music] [Music] EX four thank you honor with the course's permission if I may uh publish some of those uh these photographs for the jury yes if I get out photograph 2156 you recognize what's now up on the screen has been marked as exhibit 403 I do and what do you recognize that to be that's one of the photos comparing item 3-1 and piece one if I could have photograph 2125 [Music] Mi Blair do you recognize what's up on the screen which has now been marked as it did before 11 I do and what do you recognize that to be um that's the contents of item 3-1 that's prior to you at what stage of this analysis or comparison processes um so that's when I initially looked at at item three d one have a moment yes this G if I could have photograph 2150 do you recognize what's up on the screen which has now been marked as exhibit 431 I do and what are we looking at in 431 um so on the left is item 3-1 piece a and then on the right is piece one and I 51 do you recognize what's up on the screen which has now been marked as ex 432 I do what are we looking at in 432 um that is piece one on top of item 3-1 in a mechanical fit is that the mechanical fit that you were talking yes you miss com you can take that [Music] down mi in reference to those items that you uh testified to earlier in item 3-1 the tail light housing what if any conclusions uh regarding um those items as far as a physical match what if any conclusions that you come to um that item 3-1 and the pieces that make up item or the pieces that make up piece one um were at one time together as a larger unit thank you very much I have no further question May e e e good morning good morning you have testified that when evidence comes into the crime lab it's given crime lab evidence or item numbers correct uh it's given a case number and then each piece of evidence gets its own individual item number okay and if you just keep your voice up because uh we want to make sure that the last heers here can hear you um consistent with that policy the evidence that your lab received in this case was also given those item numbers correct correct so I'd like to ask you about one particular item number in this case 7-1 [Music] 18.18 um would you agree with me and feel free to check your records but would you agree with me that that was the item number given to quote debris from orange T-shirt and gray long sleeve shirt end quote um I you can okay and again it's 7188 um debris from orange T-shirt 7-17 and gray long sleeve shirt 7-18 DJ terrific um item 7-1 18.18 did not include the orange T-shirt itself correct no believe that you just testified that was given a different item number which was 7- 17 um I believe so and 7-8 D or8 also did not include the gray long sleeve uh shirt uh either correct um I didn't look at 7-17 or 7-18 I only received the debris from okay well yeah that so that that's my point so with regard to the the orange T-shirt and the gray long sleeve shirt those were given separate item numbers and you examined what was the debris allegedly from those shirts right 7-1 18.18 correct correct and that debris consisted of different categories did it not um there were different pieces of there were different things inside of it yes yes different categories of things correct I'm sure all right so one category was jerk and debris correct um yes uh you did not test the dirt and debris correct correct another category was or were I should say several apparent hairs uh yes and you did not test those hairs correct correct and another category I believe you already testified too uh consisted of several pieces of red apparent plastic and one piece of clear apparent plastic that measured an eighth of an inch by a 16th of an inch is that accurate um okay so there were several pieces of red apparent plastic and then one piece of clear apparent plastic measuring approximately 1/8 of an inch by 1/16 of an inch yes okay and I I apologize for continually reminding you but I'm just mindful that everybody needs to hear you so to the best you can if you can just keep your voice voice up um I'll try to do the same um so when those several pieces of apparent red plastic and one piece of apparent clear plastic came into your possession um those pieces were obviously not embedded in either shirt when you examine them correct um I don't know I didn't examine the shirt well um so to my question the pieces that you saw were not embeded in a shirt when you examine them correct correct uh and again that's because you never took possession of any shirt in this case correct correct uh the pieces were loose and they were not embedded in anything correct um the pieces were well I examined the debris from the shirt I don't know what the person who packaged it did to collect that okay and so it goes without saying that you never saw those pieces on either the orange shirt or the gray long sleeve shirt correct I did not and you obviously had no control over how the evidence was handled before it came into your possession correct um we have a chain of custody in the laboratory but I did not follow the evidence as it went through the chain okay and we we'll talk about the chain of custody in a minute um you uh before this evidence came into your possession you did not witness who seized it correct correct you did not witness who handled it correct correct before it came into your possession you don't know who had access to that evidence correct um so all of our evidence is stored in locked facilities right but uh I guess let me modify that question before it came to your lab um you don't know who had access to that evidence correct correct um you also don't know before it came to your lab whether the shirts in question were at all times kept separate from the red clear plastic pieces of uh well I said pieces of plastic that were in the possession of certain members of the State Police correct correct um the chain of custody at the crime lab started with noting the state trooper who actually delivered the evidence to your lab along with the date correct sorry could you repeat the question sure the chain of custody at the crime lab starts with noting which state Trooper delivered the evidence to your lab and the date that he or she delivered it correct uh or a crime scene responder um but the person who drops off the evidence at the laboratory yes okay and in this case which particular state trooper delivered the orange T-shirt and gray long sleeve shirt to your crime lab I don't know uh well which state trooper delivered the pieces of red and clear plastic uh pieces I should say that you just testified about the item 7-5 to 7-9 right the the uh the several pieces of red red apparent plastic and one piece of clear apparent plastic measuring an eth of an inch by 1/16th of an inch that's what I'm referring to sorry could you repeat the question yes you understand word I'm talking about right in terms of the several pie of red apparent plastic and then the one piece of clear plastic that you have the measurements for you're talking about the the apparent plastic that I noted in the debris of s- 18.18 correct um which state trooper was it that delivered that um do you know sorry that's like an that's an odd question um um I don't know if you want her to repeat it Miss go ahead you have to repeat that please um so evidence is submitt to what you just said that he missed oh I said that's kind of an odd question oh uh not for me um so do do you have a record of that a record of what a a record of which state trooper delivered that debris to the lab um so it wouldn't be delivered as like debris um it would be delivered as the individual piece of clothing which then got assigned um 7- item 7-18 I believe um and then as someone analyzes it um each each offshoot of that piece of evidence um gets a 7-8 point something um so the debris collected from that shirt would be is 7- 18.18 um okay all right listen when those um when those several um actually let me St that um where I was take your time Mr yti okay so I want to confirm with you that when you were assigned to this case you were Ware that the date of the incident was January 29th of 2022 correct um yes all right and uh it's your testimony that you don't know which state trooper delivered the shirts to the lab correct um I could look at my notes because I have a printed chain of custody sure if you would check your notes for that please okay so um okay so um submission seven which is every thing that's item seven Dash in this case was submitted by Trooper Michael Proctor I believe okay that was answer to my question thank you um how long after January 29th of 2022 according to your records did Michael Proctor deliver that clothing to the crime lab um uh it was delivered on March 14th 2022 okay so about six weeks or so after January 29th is that accurate sure um given that your lab received this evidence on March 14th of 2022 you can't testify to the chain of custody of the clothing or the pieces of plastic prior to March 14th 20122 correct correct and except for the tail light housing that was seized by morine haret except for that um your chain of custody at the lab for the two shirts plus the pieces of plastic in 7-18 do8 um that began on March 14th of 2022 correct correct uh so between January 29th of 2022 and March 14th of 2022 you do not know what Michael Proctor did or didn't do with the orange T-shirt and gray longsleeve shirt correct jackon I'll allow it I don't know okay now I'd like to discuss with you if I might um Michael Proctor's submissions of the pieces of plastic that you've testified about um your lab received from Michael Proctor several different evidence bags [Music] containing red clear and black pieces of plastic correct correct some of the those evidence bags contain relatively small pieces of plastic in them correct correct and some of those evidence bags contained larger pieces right correct the evidence bags that you received listed the dates of recovery of those pieces of plastic did they not um I believe so and the all the evidence bags that you received also listed the officer who recovered the plastic pieces right I believe so and again when you receive those evidence bags whatever numbers are on them your lab assigns them your item number correct correct um so I'd like to ask you first about item number 7-8 um do you have a record of that um yes now that evidence bag item number 7-8 contained multiple pieces of red black and clear pieces of plastic correct oh okay okay thanks okay um contained 14 pieces of red black colorless and silver color apparent plastic yes okay and the date of collection was February 3rd of 2022 um go okay uh item 7-8 yes uh February 3rd 2022 okay and that was if you have that in front you that was also collected by a trooper named Dio correct um oh yes correct I may approach honor yes so I show you a photograph can you identify what that is yes what is that um that is the handwritten label on item 7-8 that would have been the evidence bag that your lab received and gave item number 7-8 to it correct correct and that appears to be U an exact you know photograph I don't think there's an objection to it so we that's true okay uh may I offer that you want sure [Music] may I just L that to the jury okay and this is that is what I just showed you on the screen correct correct and it that's where it's indicated what the date of collection was and which Trooper collected it correct [Music] correct all right um we can turn the lights on for a minute um and you would agree with me that that date February 3rd of 2022 was only five days after the January 29th blizzard correct um I don't recall the dates of blizzards but oh okay let's put it let's put it the date of the incident you you would have previously testified that was January 29th correct correct all right and February 3rd was five days after that right yeah all right um I'd like to show exhibit 279 please okay now exhibit 279 which is displayed on the screen now uh this is one of the photos taken of some of the contents of item 7-8 is it not um that's the entirety of the contents of item 7-8 okay you you would agree with me that uh those were the pieces that were inside that evidence bag uh labeled February 3rd as the date of recovery five days after January 29th correct correct um okay and you see that there are some relatively small pieces that were allegedly found on February 3rd correct correct all right now um you're honor I'm I'm continually showing photographs I we can turn the lights on and off whatever the Court's preference is you can just tell the court officer when you want the lights turn okay all right so they they get turned on for like a question or two and then I turn them back off whatever you want to do that's fine um all right so I'd like to contrast uh some of those pieces with some of the pieces that were found days and weeks later by Michael Proctor and I'd like to start first with item 7-13 this is uh I'd like to display exhibit 3 43 which Mr Bates is item okay all you were previously asked about exhibit 343 which is now displayed on the screen yes and that is the first evidence bag submitted by Trooper Proctor is it not um so in my sorry in your let me rephrase that um he submitted evidence bags all at one time correct um yes all on 314 so when I said the first evidence bag I'm at the earliest date of collection I should have asked it that way February 8th of 2022 um sure I don't know all of the dates that each item was collected on okay but in in any case um that those according to the the evidence bag that you received the contents of that bag which were again pieces of plastic correct um pieces of apparent plastic pieces of apparent plastic um those were found five days after the pieces that you previously testified were found by the Cheo right on February 3rd correct all right and February 8th was now 10 days after January 29th correct [Applause] correct and I have displayed exhibit 346 which is 5A um okay looking at exhibit 346 um you will agree with me that this particular piece found on February 8th by Trooper Proctor was quite a bit larger than many of the plastic pieces that had been found by Trooper jico 5 days earlier on February 3rd correct um I mean there were a variety of sizes of pieces on the other one but that is a what is that approximately 4ish inches right but my point is exhibit 346 what's displayed that plastic piece is quite a bit bigger than the small pieces that were contained in to Chico's collection correct uh then some of those pieces yes okay um now I'd like to move on to item 7-15 and if I could show exhibit 352 please which is item eight Mr Bates okay uh item 7-15 the evidence bag that supports that lists the law enforcement officer who recovered the plastic pieces as Trooper Michael Proctor correct correct and the date of recovery of those pieces was February 11th of 2022 correct correct uh and again hearkening back to to Chico's evidence bag from February 3rd this is now eight days later that these pieces are found correct correct and it's now almost two weeks that these pieces are found after January 29th right 13 days correct all right if I could show exhibit 355 which is 8A Mr Bates um you would agree with me that this particular piece found by Trooper Proctor on Fe 11th is also quite a bit larger than those small pieces that were contained in Trooper too's evidence collection correct on February 3rd correct all right I'd like to move on to item 7-16 which is number nine Mr B what exhibit number is this speci and this is this has not yet been introduced so I'm about to introduce it uh and in fact why don't I do that first if I can approach the W sure and there's no objection to this Mr L no okay I'll just have the witness identify it and then offer it uh do you recognize what that photo depicts that I've handed to you I do what is it uh the handwritten label from item 7-16 okay I would offer that in your H okay thank you okay okay so uh if I can display exhibit 436 which is number nine sure um and again you just identified that as the bag supporting item 7-16 correct correct that also lists the law enforcement officer who recovered the plastic pieces as Trooper Michael Proctor correct correct and the date of recovery of those plastic pieces was February 18th of 2022 correct correct um so Trooper Proctor is now finding these pieces over two weeks after the smaller pieces were found by Trooper toico correct jaction sustained February 18th is nearly three weeks after January 29th is it not uh correct all right if I could show exhibit 370 I'm sorry 380 which is 9A Mr Bates [Music] um you would agree with me that this particular piece found by Trooper Proctor on February 18th is also quite a bit larger than those smaller plastic pieces found by Trooper de Chico on February 3rd correct correct this one appears to be about 11 cmers long um approximately sure all right uh if I could show exhibit 376 which is n Mr [Music] B okay um and you would agree with me that this particular piece by found by trar Proctor on February 18th uh is also quite a bit larger than those smaller P plastic pieces found by Trooper Dio back on February 3rd correct correct in fact that appears to be larger than than the piece that you just identified in exhibit 38 correct the one that was just on the screen right yes this one appears to be maybe about 18 cmers long does that seem accurate um I mean it's longer than the than the ruler okay yeah uh and uh finally if we could show exhibit 378 which is 9C Mr Bates uh you would agree with me that this particular piece found by Trooper Proctor on February 18th is even larger than the last one that we just saw correct um in length yes okay um this appears to be about 19 cm long um I mean longer than the ruler that's up there okay but I have the I have the actual measurement in my notes sure um well and the the precise measurement is not important I'm just getting at the relative comparison this one's certainly quite a bit larger than the smaller pieces found by Trooper toico back on February 3rd correct correct um this larger piece of red plastic like the previous two that you just identified were all found on February 18th about three weeks after January 29th correct according to your records correct and regarding these last three three evidence bags um labeled item number 713 715 and 716 in February of 2022 from February 8th to the 18th those were all plastic pieces collected by Michael Proctor correct correct and in addition to collecting those pieces we turn the lights on Miss tet I'm sorry okay and we can take that down please yes um in addition to collecting those PL pieces on all those different days Michael proor was also the person to hand deliver those last three evidence bags all on March 14th of 2022 correct correct and you do not know what Michael CER did or didn't do with those evidence bags of pieces of tail light prior to March 14th of 2022 when your lab received them correct jaction I'm going to sustain it we've already asked that now the uh the tail light of that Lexus sits in the housing of the Lexus the the tail light housing such that part of the tail light faces the rear of the car and part of the tail light loops around and faces the passenger side of the car correct um sure I right because it's on the corner sure yeah um you'd agree with me that once you received the final pieces of tail light from Michael Proctor on March 14th and once your lab received that you were then able to piece together a majority of the tail light correct um so I wasn't assigned this case until later um once everything had already been submitted to the laboratory right so it was true that after Michael Proctor submitted these pieces of tail light on March 14th it was after that that you were able to do the Reconstruction that you testified about correct correct um if I could have exhibit 432 displayed which is image 2151 the Bas um that is the Reconstruction the final reconstruction that you were able to do correct you would agree with me that there's one section of that tail light that was missing completely correct correct um and that missing section is noticeably visible in your reconstruction is it not yes and do you still have that laser pointer there I do would you please point to the section of tail light that's missing okay appears to be a hole on the upper left side of that exhibit is that a is that a question um yes it actually was I should have said right or correct but I didn't uh yes okay um and the you would agree with me and if we could zoom back out Mr Bates um you would agree with me that the portion of tail light that you did not have was strictly on the rear side of the tail light if I can call it that um I am not sure what orientation that goes on to a car okay um but in any case to this day you do not know where the pieces that make up that hole uh are or what happened to them correct I do not I may have a moment okay no F questions thank you all right Mr Lor now mix reference to item 7-17 18 the orange T-shirt and the gray sweatshirt fair to say you never actually physically saw those items correct the clothing no I did not now the debris that was provided are you familiar with how that process uh or who um got those debris items from those clothing items um I can look at my notes and tell you who submitted it or who transferred it to our unit if you could okay your Witnesses ready Mr L I'm sorry and from your view who was that person uh Marine hartnet now as far as um the eth of an inch by a 16th of an inch red and clear uh apparent plastic pieces that uh you observed within that debris that was mixed in with other debris as far as dirt fibers things of that nature is that correct yes and the eth of an inch by 16th of an inch uh pieces that were contained within that debris was that something that you uh observed visually or microscopically or both um so visually I take overall pictures of the debris um and then I'll look through the stereo Zoom um to see if there's any um anything that um looks different um and then I'll take a picture of that so that is what I did I looked through the stereo Zoom now as far as the collection of evidence fair to say you don't know who was a trooper who was there when they were collected how many troopers were there when it was collected when it was collect elected anything to do with that fair to say Yes And as far as the pieces that you testify to as far as uh fitting them mechanically together all of those pieces uh then fit mechanically onto the tail light housing taken from the defendant correct correct nothing further all right ni Belair you are all set thank you very much all right J you want to take your morning break now or wait people are saying yes so we'll take the morning break all rise to the court please so I'll see Council for a second at sidebar please still in session e e e e e e e you are unmuted you are muted e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e you are unmuted all right Mr L your next witness please yes H the call to call Miss Christina Hanley to the stand step right up there just watch your step for me setting really need you to keep your voice okay all right whenever you're ready Mr thank you uh good morning man good morning could you uh please state your name and spell your last name for the jury sure it's Christina Hanley Hanley is spelled h n l y and uh what do you do for work now I am a forensic scientist at the Massachusetts State Police crime laboratory and how long have you been at the uh Massachusetts State Police crime I have been there for approximately 16 years now ma'am if I could ask you just a little bit about your educational background starting with um where did you go and and what many degree did you receive uh regard to your undergraduate sure I have a Bachelor of Science uh in chemistry with a concentration in forensics from Marat college and then after receiving uh those degrees from marac where did you go from I uh began working at the massachusett state police crime lab in 2008 and um from your work there in 2008 what did you do next so I began um as a chemist one in the drug identification unit um once I completed my training in there I was promoted to a chemist 2 um in 2009 I transferred into the uh Trace unit um as a chemist 2 uh which is the equivalent of a forensic scientist 2 currently and in 2017 I was promoted to a forensic scientist 3 in the trace arson and explosives unit and if you could um describe for the jury sort of the difference between a forensic scientist or chemist one forensic scientist two forensic scientist three within your lab sure so uh forensic scientist 2 is um considered like a bench analyst U working on casework Miss Hanley I'm going to ask you to keep your voice up really loud okay uh a forensic scientist 3 is a unit supervisor uh and I also and also perform uh casework and how long is it you've been a a forensic scientist three or a supervisor within the trace unit I have been a supervisor for since 2017 for approximately seven years your voice up now miss anley with reference to uh starting in general terms with the trace unit if you could describe to the jury what is the trace unit and what type of analyses are done within that unit sure so the type of uh examination that we do in the trace arson and explosives unit um I examine and compare trace evidence such as paint fibers hair glass tape miscellaneous items and I also uh do physical match examinations as well as serial number Restorations on Firearms what type of training did you receive uh at at the lab so I received uh in-house training as well as some external training uh the in-house training consisted of required readings exercises uh observing other analysts working on casework in the lab I was required to successfully complete um a written exam a competency test and a mock trial and if you could describe to the jurys um sort of what your duties and responsibilities are with your current position at the lab sure so I'm responsible for the daily operations in the unit training other new analysts in the unit um I perform Technical and administrated reviews of Case Files I also work on case workk um like I had mentioned examining trace evidence such as um paint fibers hairs glass tape um miscellaneous items and uh physical match examinations and St number Restorations on firearms now was your lab the Massachusetts State Police crime lab is that accredited somehow yes it is and can you describe to the jury what that accreditation means essentially sure so an accreditation uh it's a a formal recognition that the lab is in compliance with uh certain um accreditation requirements and is the lab that you work for is that currently up to uh up to code or up to speed with regard to accreditation yes now as far as you mentioned that you work as a supervisor and review other people's uh case workk is that correct yes that's correct now when it comes to this specific area as far as um Trace analysis or comparison of items if anyone reviews your work I'm sorry I didn't hear the end of that when it comes to this type of analysis as far as comparison of items uh who is it that reviews your work uh so depending on the type of case um currently uh we do have um an external uh technical reviewer um who is authorized to perform that technical review and is that external review is that essentially as a result of there's no one else at the lab that can do what you do with uh some of the uh disciplines that I uh perform casework in um I am the only one so we when I do those types of cases um we utilize an external uh technical reviewer are you familiar with the proficiency test yes can you explain to the jury what that is and how that plays into uh either your work at the lab or the accreditation process that the lab goes through sure so a proficiency test um monitors and analysts performance um it's a quality assurance process um and I am required to complete at least one external PT annually um due to the multiple subdisciplines in Trace uh I I do typically perform or complete um more than one uh proficiency test per year and are the proficiency tests that you take are they required by by the accrediting body AAP yes and um have you passed each of those proficiency tests that you've undertaken over the years I have successfully completed my proficiency tests now turning your attention um to this case at some point uh did you become involved in an analysis in reference to a lab case number 22- 02184 yes and the name of the suspect on that is a is Karen Reed is that correct correct and if you could uh describe to the um jury again just in a in a general sense in any sort of case uh when items come into your possession uh at the lab how is that done and sort of what do you do with those items when you first received sure so evidence is submitted to the lab through the evidence unit um it's assigned a unique lab number and barcode um the information for the case is input into our limb system which stands for laboratory information management system and the a chain of custody of the items is tracked in that limb system uh when I take an item into my custody um I then document it with photos and notes um and then I proceed with sampling and um microscopic examination and instrumental analysis now specifically when it comes to um over the you mentioned you have a a variety of sort of subdisciplines or different types of testing or case work that you do with that correct yes specifically as it applies to uh an analysis or an examination of items uh of class what if any experience or what types of cases uh would it be that you've looked at at those types of items in the past um so I have examined glass um numerous times um from variety of different types of cases um for example a a hit and run or a b& and as far as the types of are there different types of glass that you've performed examinations on uh in the past as well um there uh yes I mean there could be a a variety of types of type of glass that I I could um come across for examination and with respect to examination of glass uh What uh are some of the steps or what is the process or what if any instrumentality are you using to conduct your examination sure so when I examine an item that is glass um I document it with photos and notes making General observations um of appearance color um I examine a portion microscopically um and observe certain Optical properties and then I will uh also check um to see if it fluoresces under UV light and I also will sample it um for analytical analysis uh using a grim which stands for glass refractive index measurement if you could explain to the jury the Grim device how does that work sure so it it measures the refractive index um your uh refractive index uh it uh your is placed into an oil of a known refractive index and that then gets placed onto a hot stage of um the microscope of the Grim instrument and it goes through a process of cooling and heating and uh it looks for the match match point temperature and from that match point temperature um we're able to uh determine the refractive index of the glass sample now as far as that determination of the refractive index of a glass sample how how is that is that something that you're viewing and how are you viewing it what are you viewing from um it's it's viewed through um the software that the Grim instrument uses and how does that appear as far as um visually when you're when you're looking um so it it essentially um you watch the cooling and heating process of this sample like I had mentioned and it determines the match point temperatures uh and it takes an average and um it then calculates the refractive index for the sample now is there another device that you utilize in the lab called an ftir yes and can you explain first of all what what that term stands for sure it stands for forer transform infrared spec spectromet spectrometer sorry and um what is that device and how is that used in your examination so it's a analytical technique um that's used for certain types of analysis um basically your sample is uh exposed to infrared light and it reacts in a certain way and what's produced is a what we call a spectrum or a graph and it's just a series of Peaks and valleys that are representative of the sample now turning your attention back to uh this case um 22- 02184 um starting with where there's some glass pieces that you examined in reference to that case yes and uh what were the item number associated with the glass pieces that you examined in this Cas sure so the item numbers uh were was item 3-2 3-3 7-12 and 7-14 and if you recall as far as starting with item 3-2 how was there any other sort of label associated with that Beyond just item 3-2 uh 3-2 was a uh a clear uh apparent drinking glass and item 3-3 uh item 3-3 uh I believe was the um clear apparent glass pieces um recovered from the bumper of the vehicle then item 7-12 that was um uh some clear apparent glass uh that was recovered um it was recovered from the ground the ground at 34 Fairview Road is that correct yes yeah and lastly item 7-14 7-14 uh was also a clear um a apparent piece of glass that was recovered from the road now with reference uh to uh item 3-2 the drinking glass um what if any observations did you make or did you note uh during the course of your examination of that sure so uh it appeared to have uh broken irregular edges um and that was um all I had noted at that point did you take measurements as far as height and width I did do you recall what those were I would need to refer to my notes for that yes so the diameter of the bottom of the drinking glass was 2 and 3/4 in uh sorry approximately 2 and 3/4 Ines and uh it measured approximately two and a half inches in height in addition to the measurements that you took what if anything else did you note as far as the interior and the exterior of that class uh that there was some dirt debris material noted on the exterior and interior um of that item now as far as item 3-3 uh the parent glass on the rear bumper of the vehicle uh what if any observations or measurements did you take in reference to that or or how many pieces were there sure so it consisted of five uh clear pieces of parent glass um with all with broken irregular edges um the largest piece measured approximately 78 of an inch by 516 516 of an inch and the smallest piece measured approximately 316 of an inch by 1/8 of an inch now within those five pieces in items 3-3 were they then given uh each of those pieces respectively an additional label or marker yes and was that an alphabetical one essentially a through e yes I I labeled them a through e now with regards to piece E from item 3-3 what if anything uh in addition did you do with regard to that piece so what I labeled as piece E I also um did I also used the Grim instrument um for analytical um instrumentation now with regards to um item 7-12 uh or the the 14 pieces of glass and clear plastic what if anything did You observe in your um initial observations or initial examination of those pieces individually um um so in item 7-12 uh it consisted of five pieces of clear apparent plastic and nine pieces of uh clear apparent glass um all with broken broken irregular edges now specific to the nine pieces of broken glass uh what if any examination did you do a demition uh so the nine pieces of apparent glass were examined microscopically now lastly with regard to item 7-14 uh the pieces of glass uh recovered from 34 Fairview Road um what if any did you know during your initial examination of them and observations that you make in regard to that sure so item 7-14 consisted of one clear piece of apparent glass with broken irregular edges now as far as the microscopic appearance uh so when you're when you're putting something under the microscope and you're you're looking at what if what kind of things are you looking for what kind of characteristics are are you looking for when you're examining something microscopic uh so I look at um several things um so initially um I look at uh the color uh whether there are um like flat smooth surfaces to the glass um whether it's flat or curvature um and then uh I may sample some more uh to examine under a polarized light microscope and uh check to see um if there if there are certain Optical properties under um a polarized light microscope that are characteristic of glass and in addition to looking at each of these items individually then what if any comparison did you do between uh those various items 3-3 three 3-2 3-3 7-12 and 7-14 so between those items I first examined them to see if there was a physical match uh between item 3-2 and um um item 7-12 and 7-14 um and then I also did a comparison of um 3-2 to item 3-3 um and then I also compared item 3-3 to 7-14 for possible possible physical match uh and in addition I um also uh sampled some pieces for use for um examination on the Grim instrument let me ask you um just as far as classification go are you familiar with uh the terms as far as a class characteristic versus an individual characteristic yes can you explain what those terms mean and how they relate to each other within your specific friends field sure so a class characteristic is when a material can be associated with a group of items that share characteristics um like for example fibers or tape uh an individual characteristic is when a material uh can be associated with a single Source uh for example a physical match now with reference to your analysis between uh items three 2 and 7-12 what if any conclusions uh did you were you able to draw from from your examination or comparison of those up sure so right there are several items that I'll just have to refer to my conclusion if that's okay on my report yes you can go ahead and look at your notes uh so item 3-2 uh was found to have a physical match with six of the pieces of clear apparent glass from 7-12 uh but there was no physical match between with three with the three other pieces from 7-12 um based on that physical match that you determined what if any conclusions uh can you come to with regard to those items at work as sure so um item 3-2 and the the six pieces um from 7-12 um were at one time together as one unit uh the so and so then item 3-2 and um all nine pieces from items 7- 12 were examined microscopically however there was no physical match uh found with the piece of clear glass from 7-14 item 3-2 and all nine pieces of clear apparent glass from 7-12 were examined microscopically um but no physical match was found with uh two of the pieces um from the clear apparent glass from item 3-3 now with reference to item 3-3 and item 7-14 what if any comparison uh examination were you able to do reference that sure so um item three- uh so two of the P two of the clear glass pieces from 3-3 were examined microscopically um no physical match was found with the piece of clear glass from item 714 um one of the pieces that I had labeled as piece E from item 3-3 was found to be consistent in physical and instrumental properties with examined portions of the piece of clear glass CL from item 714 so accordingly um the examine portion of the piece of clear glass that I labeled as E from item 3-3 um could have originated from the examined portion of the piece of clear glass from item 714 or from another source with the same [Music] characteristics hand use the ter there as far as instrumental properties can you explain to the jury what what that term means and how it relates to your examination in this case so the instrumental properties uh that's referring to the Grim analysis that I did so in comparing the refractive index from 3-3 versus 7-14 so the clear parent glass uh from item 3-2 uh that was uh recovered from the scene uh was a physical match for six pieces from 7-12 which were additional glass pieces found from the seat correct I'm sorry say that again sure so the glass uh the glass um the drinking glass from item 3-2 uh was a physical match for six of the pieces from item 7-12 which was glass recovered from the SE correct correct and then the two of the pieces from item 3-3 or one of the pieces excuse me uh piece E from 3-3 um which was from the bumper of the defendant vehicle uh was consistent uh with piece of clear glass from 7-14 which was found on the ground correct correct now miss Hanley in addition uh to that uh Trace analysis you performed with regards to the glass pieces uh what if any other excuse me additional examination did you do with regard to uh items of debris sure so I also examined item 3-1 and 7- 18.18 now starting with item 7- 18.8 what if any other description did you have as far as as what what that item was or where it came so 7- 18.18 uh were uh is scrapings uh Trace material recovered from the victim's clothing and that would be both an orange T-shirt and a gray long sleeve shirt is that correct correct and uh those particular items as far as the debris that was provided to your unit within the lab by who uh I believe it was uh Morin that um did the the scraping of the clothing and um had those scrapings transferred to our unit for further examination and that would be Morin haret is that correct yes and then as far as uh what if any items the other item was 3-1 is that correct correct that was the actual sort of tail light housing uh from the vehicle is that correct yes that's correct and according to your notes if anyone provided that piece of of evidence to your unit or to your lab for that comparison purpose um I would have to double check who TR I believe it was Morin but I'm not I would have to double check in my go ahead you can go oh okay okay I'm sorry it was uh Trooper Christopher Moore uh that had that item delivered to the lab now with reference to um item 3-1 the passenger side tail light from the vehicle what if any um observations or or things did you note in regard to your sort of initial examination of of the tail so I did notice that there were portions of the tail light uh portions uh that were clear and red that had broken irregular edges uh it appeared to be that there was damage to it now with reference to your examination just of the the tail light now what what if any instruments did you utilize uh in the course of your examination of the tail sure so during my examination I a polarized light microscope a comparison microscope as well as a FTI uh with a microscope attachment and a micro spectr photometer also known as a microspec now the um g in the FD I believe you've already discussed in your testimony as far as the the microspec is concerned can you explain to the jury sort of what that instrument is and and how how it's used used and how you used it in this this examination specifically sure so a microspec is used to examine items that have color um so essentially uh your sample is exposed to visible light reacts in a certain way some of the light gets absorbed some of it gets transmitted and we get a spectrum and it's representative of the uh d or pigment in the [Music] sample now with reference to item 7- 18.18 U that being the debris from the the victim's clothing um what if any observations or measurements uh did you take in reference uh to to that particular sure so I uh noted that there uh was some clear uh plastic material as well as uh some red plastic material and um I would have to refer to my report for exact measurements of those items um you can go ahead and do so the piece of clear plastic measured approximately 1/8 of an inch by 1116 of an inch and the largest piece of uh one of the red plastic um pieces measured approximately 1116 of an by less than 116 of an inch and the smallest piece from that measured approximately less than 1/16 of an inch by less than 1/16th of an inch as far as measurements go is as far as your examination as far as the lab is concerned is 116th of an inch sort of the the bottom row as far as measurements go yes so something is less than that it's just sort of noted as less than 116 is that correct yes and with regard to uh that debris the clear and red plastic uh from the debris what if any examination or what if any instruments did you use uh to conduct their examination just to those so I examined uh the CLE uh a portion of the clear plastic as well as um one of the pieces of the red plastic I examined it I examined them microscopically and I analyzed portions instrumentally um using an ftir and a microspec and based on those uh examinations starting with the clear plastic material that you observed what if any conclusions did you come to with reference to uh comparison of the clear plastic material to the the tail lighthous so the the clear plastic um from item 7- 18.18 was found to be consistent in color and instrumental properties with the examined portion of the clear plastic from the tail light uh so accordingly the clear plastic from 7-1 18.18 could have originated from the clear plastic from um item 3-1 tail light uh or from another source with the same characteristics now similarly with from your examination of uh the red pieces of plastic in the tail light versus the red pieces of plastic with contained within the debris what if any conclusion were you to come from from your examination of of the comparison of those sure so the red the um examine portions of the red plastic from item 7-1 18.18 uh was found to be consistent in color microscopic appearance instrumental properties with the examine portions of the red plastic from the tail light item 3-1 and so accordingly the red plastic from 7- 18.18 could have originated from the red plastic from item 3-1 the tail light or from another source with the same [Music] characteristics thank I have one moment Char yes thank you very much ma'am I have no further questions on right actually Mr Jackson before you begin when don't I see you both by e e [Music] actually J I guess take one may I inquire yes thank you good morning m well almost afternoon Miss good morning yeah um I'd like to show you a document just to begin our our conversation this morning if I may may approach yes this has been previously identified uh as BV as in Victor Victor and I'd like to ask you first of all to take a look at that and tell me if you generally recognize what that document is [Music] yes it it appears to be a chain of custody of uh several items okay and is that a chain of custody document uh reflective of the crime Labs case number in this case sort of a sort of a clumsy question you understand what my question is it is the uh chain of custody for 22- 02184 and is that the case number that the massachusett State Crime Lab Mass Massachusetts State Police crime lab assigned to this case that you're testifying about today yes that's correct and and you've seen reports like this before correct uh yes uh they're routinely used in the crime lab to track evidence and maintain chain of custody at least at the crime lab is that right that's correct and the information contained in the report is entered at or near the time of the event that's memorialized yes okay and it's relied on generally by the crime lab as a business record correct uh as a record of the event Memorial yes it's a a record of the chain of custody of items within the lab okay and my question is is it relied on by the lab for truth and accuracy as best you maintain it to track items of evidence within the lab yes it does track items um and the information contained in the report is presumed by you and other supervisors at the lab to be accurate is that right yes would move forward the admission of exhibit objection see that we'll see you at side e are unmuted and I'm sorry my my request at sidebar is reserved yes thank you um May I inquire yes Miss Hanley I want to draw your attention um specifically to the glass pieces that Mr L asked you about would you agree that there we can there's a lot of numbers that were discussed correct a lot of I compared 3-2 to 7-12 and sub a b c and d of 712 were compared with 3-2 and 3-3 a lot of numbers right yes there are a lot of numbers items okay I want to try if I can see how how well it goes to clear that up and categorize those sure perhaps would you agree that we could put the items that you compared and examined in your analysis in four categories 32 the cup for the glass 3-3 the bumper glass 7-12 the N9 pieces of glass recovered by a trooper named bunik at the scene and 7-14 a single piece of glass recovered by a trooper named Proctor at the scene would you agree that those four categories are basically what you analyze between and among each other yes there's four total items okay and within those items there were some subcategories of items in some of those correct yes because uh some of the items had just had multiple pieces so I uh they were labeled um just to um keep track of of the pieces okay so if I could ask you to take those one at a time pardon me 3-2 under that column visually that would be a single item just the cup correct correct 3-3 under that single item the bumper there would be five sub items a b c and d and e yes that's correct public school education um under 712 the third column there's nine pieces correct a b c d e f is in Frank i k and l are the nine glass pieces correct correct they're close to being alphabetical not quite toward the end right I would have to look at my report for the exact letters but sure go ahead and look at your report so it uh so the the nine pieces of clear apparent glass were labeled as a b c d e f i k and l okay and then of course the last category would be 7-14 that's a single piece of glass that was recovered at the scene by tror correct correct all right objection you're want to just so I'm gonna see council at by for just a minute on this e you are unmuted yes all right so the last uh category we were talking about 7-14 that was a single piece of glass correct that's correct okay first of all I'm going to ask you to take your comparisons one at a time if I can you compared the cup in three Das two to the nine pieces recovered at the scene a b c d e f i k and l correct is that 7-12 you're talking about 7-12 thank you uh sorry can you say the letters again I just don't know if I heard all of them a b c d e f i k l yes that's correct of those pieces that I just mentioned the cup was a match to a b c d f and K correct yes that's correct pieces e and I were compared to each other and you match them correct so I believe I have to look further in my notes but I believe e and I were found to fit together by um properties meaning mechan yes but um I I would have to check my notes but I believe it was um the previous analyst that uh looked at 7-12 that found the physical match between e and I um but that wasn't you is it is it okay if I look at my notes sure I I don't want to get bogged down but yes please for for Okay so item 7-12 was previously examined by another analyst in the trace unit specifically e and I I received when I opened this item for examination um e and I were uh taped together uh because they were found to have a physical match by the analyst who previously examined the item great importantly EI I and L however were not found to match the cup in 32 3-2 correct that's correct all right you also compared the cup in 3-2 to the five items recovered on the bumper in 3-3 correct I'm sorry I say that again you also analyzed the cup in 3-2 against the five items a b c d and e in 3-3 the bumper glass correct I I did examine um I compared item 3-2 uh to two of the pieces um marked as a and b from item 3-3 deed not to match the cup correct correct and you did not analyze C and D correct I'm assuming that's because of size um so the the rest of the items were not used for physical match examination uh due to size and condition so as you sit here none of the items on the bumper were deemed to match the cup correct correct all right so you did end up analyzing one of the items on the bumper item e is an echo and you analyze that against the single piece of glass found at the scene in 7-4 correct correct and you used both well you used a variety it sounds like of analyses including microscopy UV light the the glass reflect refractive index Grim process correct that's correct you also used the FTI is that right INF uh infrared spectromet spectrometry that's incorrect okay you did not use ftir on in this analysis I did not okay but in the analysis that you did use you found that there was a match between item e on the bumper and the single piece of glass in 714 to correct they were found to be consistent um uh sorry they are found to be consistent in uh physical and instrumental properties okay so importantly you also compared the single piece of glass in our sort of visual column 4 714 that single piece of glass to the cup we found that it didn't match correct correct all right so lastly you tested the single piece of glass found in the fourth column 714 against the nine pieces of glass found in 712 a b CDE e f i k and l correct I I did compare item uh 714 to item um 3-2 and the nine pieces in item 7-12 so another way to put that would be you analyze column four against column three now correct I examined them for a possible physical match um and they did not match correct there was no physical match to item 714 okay uh you want to a okay [Music] want to show Mr what you have sure I'm looking to the one that was already labeled I don't have it I I may I approach uh the magistrate and ask if he's got ww a chance no I do I borrow that thank you I'd like you to take a look at that document just glance it over for a second and let me know when you've had an opportunity to study that okay you've taken a look at that single page document yes does that appear to accurately reflect in sort of a visual manner what you've just testified to about your analysis of each of these pieces irrespective of the of the text on the item just the analysis of the items specified in that document um I'm not quite sure what I I've never seen this before I'm I'm not quite sure what um I think you have to move along Mr Jackson for all the reasons we talked about it sidebar I understand um my question is a relatively simple one is this a and and if you don't understand something on the the document just say so is this A visual representation an accurate visual rep representation of what you've just testified to in terms of what matched and what didn't match where the green matches the circle with the red through it doesn't match um I I would need to go through my conclusion and compare to confirm fair enough it is accurate to say use a cheat sheet for a second it is accurate to say that the cup was not found to match any items that were found on the bumper that's correct correct that is correct okay also it's fair to say that the piece recovered under 714 the single piece of glass recovered under 714 does not match either the cup nor does that piece match any of the nine pieces in 712 correct and you can look at your notes if that's easier for you we just want the right answer Mr Jackson right of course so take your time with your notes if that's easier for you so I'm sorry can you just repeat the last question that you asked for the single piece of glass under 714 neither matches the cup nor doesn't match any of the nine pieces found in 712 in other words it stands alone so that's correct uh so okay 7 14 um there was no physical match between 714 and 3-2 or any of the pieces in 7-12 thank you that and then my final question is the only piece of material glass material that was recovered from the bumper item e the only thing that any piece on that bumper matched was the single piece of glass found in 714 correct so piece E from item 3-3 um was the piece that I examined um microscopically and instrumentally it was found to be consistent in PH physical and instrumental properties with 7-14 and that's the only piece of material on that Bumper in that section we work in 3-3 it matched anything else in your analysis a piece that was found singularly at uh under 714 corre the only it yes it was um are found to be consistent thanks that's all I have thank you Ron okay L briefly H Hanley within uh item 7-12 there were nine pieces of glass and five pieces of plastic correct correct and as far as the comparison uh analysis that you're conducting is concerned um why is it uh as far as the pieces of plastic are concerned Why is that not part of the comparative analysis I did not examine the plastic pieces um for physical match because there there were no other plastic pieces uh for comparison uh for physical match uh so I examined the glass pieces um for possible physical match and what are some of the differences between um from an elemental standpoint as far as plastic versus versus glass uh well uh plastic is um it's a a it's a type of polymer um a different type of analysis would be conducted if I was examining plastic um versus glass um something like a plastic um something that we refer to as anisotropic or glasses isotropic um so they they are different um types of material now as far as um characteristically speaking um from plastic and or glass what are some of the the commonalities of of those items as they're found in general objection beyond the scope yes sustained now again from the drinking glass uh that was covered on scene that was a match for six of the pieces of glass that were found on the roadway or on the ground at 34 Fairview Road correct um I believe it was six I just would have to confirm in my go ahead you can go ahead and look at your notes yes it was six pieces from 7-12 and then it was piece E from uh item 3-3 from the bumper of the defendant's vehicle that was found to be consistent with clear glass that was found on the ground at 34 Fairview correct yes that's correct nothing F anything nothing fur all right thank you very much Miss Hanley you are all set no that Jim the one the posted on can you give me that yeah that's good thank you your next witness Mr L you're on a maywe approach okay e than yes you're on the call call Sergeant Yuri banic to the stand okay and I envelope Mr L I have that St me the court jury the the truth the whole truth nothing the truth so I whenever you're ready Mr L thank you good afternoon sir good afternoon would you uh please state your name and spell your last name for the jury yes sir my name is Yuri buenik spelled Yu r i y last of Buu k h n i k and uh how are you employed sir I'm employed by by the massachus state police and how long have you been a trooper with the state police I've been a trooper since 2012 and uh what um prior to being employed as a trooper with the state police excuse me what if any uh other employment or background you have is as far as law enforcement is concerned my law enforcement career began in uh 2003 when I graduated from the military police School in for letterwood Missouri while I was enlisted in the United States Marine Corps uh from there I was stationed at uh quanico Virginia with the Marine Corps um presidential helicopter Squadron I provided security for uh the presidential helicopter and assets uh attaining a top secret Yankee white clearance um I was promoted meritoriously to Corporal and sergeant and had a platoon of 44 Marines from there I was stationed in Camp Pon California where I was a patrol supervisor on base as a military police officer once my enlistment ended I decided to come home and pursue a law enforcement career here in Massachusetts in the communities that I grew up in I first worked for the VA Hospital police where I attained a secret clearance which was a requirement of the employment after that I worked at the adabor police department in uniform Patrol as well as the SWAT team with adabor Massachusetts police department in 2011 I applied for the massachusett State Police graduated and worked at the Sturbridge Barracks Milbury barracks and Foxboro barracks in 2015 I was selected to come to the North District Attorney's office with the detective unit and worked homicide cases as a trooper 20 21 December I was promoted and took on a supervisor role within the unit now with respect to your work within the unit uh of the tech unit at the nor District Attorney's Office uh what have any specialized training uh did you receive in regard to uh your work there I've attended numerous um homicide conferences uh training in various aspects of digital device analysis and U investigations in uh Major Crimes homicides drug investigations and so forth now were you working in that capacity uh with the State Police Executive unit on January 29th 2022 I was and were you on call that day I was on call as a supervisor now can you explain to the jury as far as the on call system within the detective units um well let me ask you this first what if any do duties or responsibilities do you have as a sergeant or as a supervisor with reference to on call duty and sort of how that works as a supervisor on call um responsibilities include uh answering the detective that's on call any questions that might arise obviously we don't all have the same experience so we put our heads together and if it's a situation or case a scene that they have not been exposed to before they called the supervisor for suggestion or bounce questions off of them in order to help them um navigate that uh case and who was the on call detective on this particular date of January 29th January 29th um the morning hours up until 7 am. it was Trooper Michael Proctor and do you know Trooper Proctor I do and how long have you known TR uh since he came into the office in 2019 I believe it was uh September October 2019 and have you supervised TR Proctor sort of throughout his his work within the office I have supervised him um throughout my supervisory position so his entire time in the office uh while I was a supervisor I've supervised him directly yes and as far as that on call system or that on call rotation is concerned how is that how is that determined or or how does that sort of come into existence the on call system is um formulated it's it's it's compiled uh the month prior so for example if uh it was December beginning of December um the Troopers in the office would submit their days uh requesting not to be on call due to trials training personal reasons or vacations they had planned uh those days are submitted in the beginning of the month and then if it's in the beginning of December for example the on call schedule for January is then uh compiled a month in advance really so these are generated well in advance of whatever specific data Trooper is on call correct that's correct and as far as um the detective unit um within the nor County District Attorney's office um if anyone is is your supervisor uh currently my supervisor is uh Lieutenant Fanning and the unit Commander is detective Lieutenant Brian Telly and that sort of pecking order if you will was that the way that it was set up in January of 2022 as well yes it was now on this morning of January 29th 2022 at some point uh do you get a call uh in the morning and and from from whom do you initially get a call I received a call approximately 6:44 in the morning or so um from the h troop headquarters which is the field uh headquarters for the Metro Boston area which also covers our County um and they advised me that there was a body in the snowbank in Canton I asked for further details uh and advised them that I was not on call but I would call the on call Trooper uh and and let them know that there was a call out requesting their assistance um so that I that's that's what I did I called the trooper Proctor advised them to contact hand police and following that initial contact that you had from the h troop and then your called the tro Proctor what happened then uh Trooper Proctor began uh making phone calls gathering information sustained next question what was the next uh thing that happened as far as as your involvement I was advised of the circumstances under which um the body was located and what was transpiring and uh I told Trooper Proctor that I would start shoveling out during the blizzard uh and then uh proceed to meet him in Canton to begin our investigation and where was it that you and Trooper Proctor first met up on that particular morning we met at the Canton Police police department and do you recall approximately what time it was that you arrived at the can police department it was approximately 9:15 uh due to the amount of snow that was on the ground the time that it took me to shovel out uh the main roads actually any no roads were plowed at the time um during my track so I decided to drive my personal truck to Canton um Police Department because it was a four-wheel drive and me me Trooper there now as far as your personal truck versus you have a work vehicle as well that's correct and you mentioned that the truck is is four-wheel drive what is the difference between your personal truck and its capabilities in weather versus the work well at the time there was approximately 10 15 inches of snow that had accumulated already um my my work vehicle is a sedan low to the ground low clearance front-wheel drive it would not be able to navigate the road conditions um at the time my four-wheel drive vehicle is higher clearance from the roadway and was able to navigate the conditions at the time and sir when you arrived um so at approximately 8:22 in the morning or so where where is it that that you were at that point in time if you know at 8:22 I would say I was still blowing uh the snow out of my driveway clearing the path from for my truck to leave the driveway and uh when you arrive at the the can police station um you mentioned that you met Trooper Proctor there do you recall who arrived first uh Trooper Proctor was in the parking lot in his vehicle and I pulled in backed in next to his and we walked in together into the police department I believe and when you walked into the can police station on that morning um sometime after 9:00 am. where is it that you went who if anyone did you talk to when you first got we walked into the police department we're guided to the detective uh uh Department division of the PD and we met with uh the detectives from Canton um and Sergeant good uh who was the uniform Patrol sergeant and having been first responded to the scene as well now without reference to anything thing uh that was communicated between the two of you uh at some point prior to getting to the Kon police station did you have conversations with TR Proctor yes I did and did tro bror make you aware of uh conversations that he had had with other people prior to getting to the C police station I'll allow that it's a yes or no yes and so you get to the can police station you and triple Proctor then proceed to talk to Sergeant go is that correct that's correct and again without any reference to what was said to you by Sergeant good he relate some information to you as well that's correct no I'll allow that that's correct and if you know about how long was the the period of the conversation that you had with Sergeant good at the can police station uh the conversation with Sergeant good was probably 25 to 30 minutes he walked us through his next question please Mr going stop you from answering that Sergeant yes Sergeant mechanic as reference to um at some point did you learn the name of the the body or the person that was found on the lawn on fairie road yes I did who did you Le him to be Mr John o'keef and uh in reference uh to where Mr O'Keefe's body was at that point uh what if any information did you receive about that OB I'll allow that we learned that Mr O's body was transported to the hospital Good Samaritan Hospital in Brockton and in reference to the Good Samaritan Hospital in Brockton if anyone else were you told had been taken to that facility as well in relation to to uh your response that morning objection I'll allow that the defendant and uh just to be clear at some point over the course of your investigation had you had or have you had interactions with Karen Reed yes I have and uh to be clear when we say as far as Karen Reed the defendant do you see her in the courtroom today yes I do could you identify Justa where she SE or an article of clothing that she she's seated between her uh legal defense team wearing the white blouse ask the record reflect identification of yes so upon having that conversation uh with Sergeant good at the can police station where is it that you and chup Proctor went next from the cam Police Department we proceeded to uh the mcab residence and that was over on Country Lane is that correct that's correct number 12 Country Lane and when you arrive there U as far as transportation to that is it you and trer Proctor in the same vehicle yes I made the decision to drive us uh that we only take one vehicle in addition to Trooper Proctor being able to make phone calls and facilitate other logistics as necessary allowed him that uh freedom to do so while I operated the vehicle in the dangerous snow conditions and the snow conditions that you were talking about as far as clearing out the driveway uh drive to the Canon police station did those conditions persist throughout the day of the 29th yes they did and so you make your way over to the mcab residence again without anything that was said with anyone did you speak with at mcab residents that morning uh we first spoke with Miss Jennifer mccab um we then spoke with Mr Matt mcab and then we spoke with Mr Brian Albert and with reference to each of those conversations uh were they done collectively or separately or how are those uh interviews conducted each interview was conducted separately we first interviewed Miss Jennifer mccab uh with request of Mr McCabe to uh give us privacy he proceeded upstairs once we were done with that interview Mr mccab came downstairs and miss m uh Miss mccab uh gave us the same courtesy and once the that interview was over Mr Brian Albert had arrived and we interviewed him briefly is that sort of the typical process of of how at least your unit conducts interviews with respect to civilians yes with cooperating civilians we typically advise them they were going to be we schedule an interview we uh proceed to their location of convenience and uh separate them um and get their version of recollection of events that we are inquiring about now after you spoke with those uh three individuals yourself and TR Proctor at the theab residence where is it that you and TR Brockton when uh we proceeded to the Good Samaritan Hospital in Brockton and where within the goods Maron hospital did you go we went to the emergency department and within the emergency department were you led to a specific room yes we were and what if anything did You observe when you were in there once in the room uh we observed Mr oi's body uh on the medical bed bed or gurnie and um his clothing which had been cut off of him were on the floor at the foot of the the bed couple of feet away at the foot of the bed now first with regard to the the clothing what if anything did you do with regard to that after viewing Mr O's body um we proceeded to identify the clothing items and bag them into evidence bags um notating which which item and a brief description about each each item of clothing let me ask you just a little bit about that as far as that that process is concerned so when an item of evidence is collected um by you or by your units um during the course of an investigation is there sort of a policy or protocol or how are how are things uh what do you do with things when you collect them and take them into custody and evidence if we uh deem an item to be of evidentiary value we identif ify the item we take a brief description of it um and we label the evidence bag with that description we notate who's taking the item into custody uh typically who located the item um the time that it's located and the location from which it was U seized or taken or collected and with regard to items of clothing uh is that something that would be placed in just one big bag of clothes or like how how would those be packaged uh in in evidence uh Mr O'Keefe's uh clothing which was already in one big pile on the floor we packaged um all okay Joor feel free to stand up and stret e e e e and so sorry Sergeant when you come into the hospital room where Mr o' body was um there's clothing items that are on the floor is that correct that's correct and uh do you recall uh how those clothing items were in relation to each other in relation to FL they were positioned on the floor in a a pile stacked on top of each other and they were in a condition of being soak and wet and with respect to those clothing items do you recall what those clothing items were individually yes sir and what were they they were a um plaid par boxer underwear it was a orange colored uh design print t-shirt it was a blue pair of uh Lucky Brand Jeans a belt uh two-tone gray light thin hooded sweatshirt and a right sneaker black in color with white uh design and a Nike brand and how many sneakers were there contained within that property one right sneaker and what if any observations did you make of the condition Beyond them being soaping wet I also uh recognized due to the aroma and um visual observations um traces of vomit on the clothing and with regards uh to those uh items that you observed on the floor what if anything did did you and or TR Proctor do with reference to those clothing I'll allow that uh once we went through the clothing we collected each item and put it into a large evidence bag we double bagged it due to the wetness of the clothing so it would not seep through we also identified the fact that there was only one sneaker so I requested that Trooper proc to contact the paramedics that transported Mr o'keef from 34 Fairview to the hospital and have them once again check their uh ambulance to see if there was another sneaker inadvertently left behind in the ambulance vehicle now prior to sort of physically touching this or any other piece of evidence what if any other sort of precautions uh do you take prior to handling tactile handling any any of these anytime we handle evidence which obviously we take great caution not to destroy alter or um discard any any evidence uh we also put on gloves in order to help preserve that item and in reference to these items or items uh anything of evidentiary value that you seiz as evidence once you take it and secure it into an Evidence bag what happens to it from there once it's secured in the evidence bag it is um sealed and logged into our evidence storage um facility at the office and then as necessary it is signed out shipped off to for processing review or Court proceedings and as far as that ceiling is concerned how how are bags or boxes of of items of evary value how are they once the bag is I'll allow it I'll allow it thank you once the bag is sealed it's utilized we utilize tape uh typically red or yellow tape um once it's secured we initial and date the the tape on the edge uh that that procedure helps identify the the time and date it was sealed and by who with the initials and then once that bag or box is sealed U if that bag or box is subsequently opened at a later time uh what if any notation or what what if any recordation of that is is made anytime a piece of evidence is signed out for review it's logged in the tracking system in addition anytime a piece of evidence is open with the container being the bag or a box is open and the tape is cut it is then resealed reinitiated by the trooper or uh you know an individual who's signing that evidence out and then returning it as far as the the evidence bag or box is concerned when it's been opened is that something that is noticeable based on um the sealing and resealing of of that particular receptacle yes sir it is definitely noticeable uh and it's noted in the the systems now with regard to uh you mentioned or made some mention earlier in the testimony in regard to um evidence storage facilities at your office yes um can you describe um what those are uh and who if anyone has access to those evidence storage in within our office we have two Troopers that are designated as evidence officers those individuals have access to the secure rooms designated strictly for evidence storage those rooms are inventor and kept under uh not just lock and key but also digital access control and alarm systems uh they are the only ones that have access to those uh facilities uh in addition to our unit Commander but I'll tell you that our unit Commander does not access that uh room without the evidence officers I myself even as a supervisor do not have access to that room you don't have access to that evidence room is that correct that's correct the tro proor is he one of those evidence officers do he have access to that room he does not as far as at the time in January of 2022 who are the Troopers within your office did have access to that in January 2022 that would be Trooper Jeff C and Trooper David Deo and that would be in addition to Lieutenant Tully is that correct detective Lieutenant Tully I believe has access to it but I I cannot speak to that I just I just believe that he does as a unit Commander to facilitate any next assignment now with reference to any items that you were physically present for uh that were taken into custody or taken into evidence uh including that clothing from the hospital on Jan AR 29th and any other items throughout the course of this investigation uh when they were um taped and sealed uh what were each of those what happened with each of those items once they were taken back to to your off objection I'll allow it each item that was sealed it was processed in it was logged in and then it was stored after processing it was stored uh in the evidence room now we turning back to the Good Samaritan Hospital within that hospital room um you made mention that you secured items and that you made observations in Mr oef is that correct that's correct and can you describe for the jury uh as far as Mr O'Keefe's body what were those observations that you made Mr O's body was laying um on his back uh the the observations I made were of uh bruising to the eyelids of his face uh based on my experience and having cases with head trauma I can tell you that uh during subdural hematoma the yeah I'll sustain the objection can build a foundation if you can Mr Lally over the course of your work uh with this unit um in particular um if you know about how many homicide or or let me let me step into it this way as far as your work within this unit as far as it's concerns uh what if any jurisdiction uh does the state police detective unit of the District Attorney's office have with reference to not only homicide but death investigations within North by Statute uh chapter 38 section for each County um the District Attorney's office is provided jurisdiction over all death investigations um as a result the law enforcement entities that are assigned to that norfor or that district attorney um performed the investigations in norfor County those individuals are members of the massachus State Police assigned to the state police detective unit within our office and so as far as death investigations what exactly or what type of of Investigations would that Encompass death investigations that um we have jurisdiction over are all unattended deaths unattended death um means that a physician a doctor is not overseeing the individual that passes those uh deaths would be suicides homicides overdose type deaths natural deaths accidental deaths uh and so forth any type of death that is not overseen by a doctor at a medical facility or in a hospice type situation so as a results of your assignment to this unit and that sort of exclusivity of jurisdiction over unintended deaths within nor County if you know approximately how many uh death investigations have you been a part of over the course of of your work with the state police detective excuse um over the last nine years I would venture to say it's over 500 death investigations that I was uh a part of and Sergeant over the course of your involvement within those investigations if you know how many of those uh investigations involved some indication or some type of head Trum scores scores of U investigations that involveed some sort of head trauma and through the course of your investigations uh in those cases that have been D spores of head Trum um have you been privy to information as far as medical findings autopsy reports things of that nature in relation to those prior investigations yes sir I have been now with regard to your observations to Mr o'keef uh with regard to his eyelids um what if any what if any observations did you make and what if any um well let me start just with physical observations what if any physical observations did you make Mr O's face and and Body in general his face I observed the swelling and the discoloration uh being produced through the uh the blood pooling in the eyelids y so just just your observation so the swelling and discoloration I'll strike the the remainder of what you've said I also observed a um cut to his nostril and an eyelid which was very small in size which would have been produced by a objection yeah so we'll leave it at that next question is to L based on uh your training experience what if any uh conclusions or what if any opinions that you have in regard to the swelling run objection yeah I'll see you at sidebar here did [Music] yes so Sergeant mechanic with reference to your prior uh death investigations have you had occasion to make observations of bodies that there was a later determination of some sort of subdural Hemorrhage yes I'll allow that have you made those observations have you been part of those investigations yes your honor yes and what you observed in regard to Mr O'Keefe was was that consistent or inconsistent with what you had observed on those prior investigations objection that I'll allow it was consistent now in addition to the injuries that you observed to Mr O'Keefe's face uh what if any injuries Did You observe to his extremities his extremities uh produced um abrasions to his upper forearm and lower bicep uh area on his right arm and just as you use that term I'm not asking for any sort of medical definition but as far as you use that term abrasions what do you understand that term I understand that term to be a injury sustained Through Blood force trauma or friction to the epidermis of the skin where a crushing of the vascular system occurs and produces that type of uh uh sign on the skin and from your observation of the injuries to Mr O'Keefe's arm which which arm was this again it was his right arm and as far as your observation of those injuries to his right arm what if any um as far as the consistency of those injuries what if anything did you know to observe in reference to those consistency with what with the let me let me rephrase this yeah how were the abrasions that you're describing positioned in relation to each other each abrasion appeared to me to be linear and concentrated in a specific um location on the arm it didn't go any further north of a a point and did not go any further south of a point so it was concentrated in the elbow few inches below the elbow a few inches above the elbow on the right arm now while you were at uh The Bitz Mar Hospital did you Endeavor to speak uh with Miss Reed we did attempt to yes and was she present at the hospital at that time no she was not and at some point subsequent to that did you receive or what if any information did you receive as aware of we were made aware that she was located at 345 Country Hill Drive and D at her parents home and where did you go from the goods maritan Hospital once once you left from there we proceeded to that location now sir with reference to the items of clothing um that you recovered from Good Samaritan of Mr o' uh do you have those items of clothing with you here today in court yes I do uh your honor uh with the Court's permission I would ask that the witness be allowed to retrieve those items and display those items okay are they in the courtroom I believe so yes okay yes I approach yes [Music] how many items are we talking about okay jurs if we go a little past one my intention would be to still just take a half hour lunch today and come back so I'd rather just go through this if we could Sergeant you with this item you recognize that yes I do and what do you recognize that to be uh the sweatshirt from U the hospital room where Mr o'keef was located and um you want to the call Mo to seek to introduce and admit that as the next exhibit okay any OB Mr Jackson to see what's in the all right so you've receive photos of all of this right I assume what's in the bag is what's been photographed but until I see it I won't know all right so let's go ahead and open it commission yes for [Music] no objection Mr L why don't you come take the [Music] bag put it back the and we'll put that back in the bag okay yes you another it sir you recognize that item yes I do and what do you recognize that to be uh says it's a uh one orange T-shirt and you're H with the cour permission if witness could remove that item in display for the jury as well yes no objection okay you want approach yes yes it's the right sneaker uh recover from the hospital room you honor with the Court's permission if the witness could remove that item from the B okay e e e e e Contin you Sergeant you are unmuted all right Mr L yeah thank you sir you could return that to the back pleas yes I'm going to thank you may I approach one last time I'm my apologies I guess I should no objection with what we discussed I understand thank you may yes that yes uh it's a bag containing a blue jeans black belt and plaid box or shorts and you're honor with the court permission um May the witness a remove just the jeans in the belt from from the back yes for you can return that to the Back Sir you're H the call to se to introduce and as the next activ okay no objection thank you so are you not displaying the third item but it's going into evidence or is it just the genes and the belt going into evidence jees in the belt into evidence your honor with the course submission so we can mark the bag and we'll remove the third item during a break thank you all right so Sergeant you'll be with us this afternoon why don't we take our lunch in recess it's only going to be about a half an hour thank you honor all right so folks we'll see you back here let's say no later than 1:40 okay you are muted e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e thank you thank you maybe C quot back in session all right all right Mr L May we approach just briefly okay e e e did that's okay you can go ahead Mr L yeah thank you Sergeant those items as far as the clothing items uh that you displayed for the jury just prior to the recess uh those were the same clothing items that you recovered from the hospital room of the Good Samaritan uh on January 29th is that correct yes sir now you had mentioned earlier in your testimony that those items had been placed into one bag initially um what if anything happened with those items as far as as their their keeping or their bagging uh once you got back to uh to the office or to your um where the evidence room due to the condition of those items after they arrived at the office um the items were laid out on um butcher's paper that we utilize for evidence um um viewing and um allowed to dry naturally um because they were soaking wet and as far as when they were done with that sort of drying process um were they how were they packaged from there they were packaged in the bags uh sealed up and stored for uh transport and processing and so those would be bags individual for each clothing item is that correct um each item that the way that it was packaged the the pants with the belt and the boxers and then so on so forth with the sweatshirt and the sneakers and uh get to this a little bit more in a moment but at some point there were pieces of um plastic red and clear plastic that were recovered uh by you and other troopers from Fairview Road is that correct that's correct at any point in time where pieces of clear and uh red plastic that were covered from 34w Road ever placed inside the same evidence bag as any piece of clothing that you recovered no absolutely not now with reference uh to the hospital of Good Samaritan in addition to yourself and and tro of proor uh were there uh other members of the State Police or other units of the State Police that arrived at the hospital at some point yes sir um Lieutenant Melo um came to the hospital hital to document the victim and the clothing and um he's assigned to the state police crime scene Services section now as far as the crime scene Services section or csss um what if any role do they have with relation to uh your investigation in this case or your investigations in general as far as documentation is concerned crime scene Services section assists Us in documenting scenes through video and um photographs they also assist in collecting latent prints fingerprints they assist in collecting Impressions like foot foot impressions in the in mud or soil um and those types of uh missions now there are a number of different Troopers that are assigned to that particular unit is that correct that's correct and as far as over the course of of this investigation um how many occasions approximately were there uh that a member of the crime scene Services section responded to memorialize or photograph different different scenes or different areas throughout the course of your investigation in this case I just off off the top of my head there would be four five maybe six uh instances where a trooper or sergeant from crime scene Services responded to the scene to assist us in this investigation now at any point in time over the course of the investigation when crime scene Services Troopers responded to document anything was it ever the same Trooper more than once no it was not and so with regard to January 29th fact of the Good Samaritan Hospital uh there were Sergeant Ben Sergeant Melo arrived to uh document a photograph Mr O correct that's correct and um your may approach witness yes Mr L do you want me to give my instruction now or in a few minutes just about 30 seconds okay so Sergeant mechanic uh just Place three photographs before you do you recognize what's depicted in those three photographs I do and what do you recognize those to do that is Mr John o'keef and what's contained within those photographs is that a fair andac of a trailer what you saw Mr O's body goodan Hospital on January 29th yes it is you want to may approach again yes on the com seek to introduce all right so there's no objection right all right so folks the the Commonwealth is introducing into evidence um through this witness certain photographs that are not pleasant and may be considered graphic photos uh sometimes evidence is presented um that creates an emotional reaction in jurus for example it's natural and understandable to feel sympathy and empathy when you hear about a person who was injured in some serious way or suffered in some way or who has passed away but as jurors you've taken an oath to follow the law and I instruct you that you must separate any emotional reaction on your part from the informational value and weight of the evidence you must not be influenced in any way by the nature of some of the testimony and you must find the facts in this case based only on the evidence you can't find facts or base your decision on sympathy anger passion or Prejudice or pity for or against either side in this case rather your verdict must be based solely on the evidence and my instructions on the law all right with that Mr lelly those photos will be in evidence with permission made yes thank you and M if I could have photograph 2866 Sergeant directec your attention to the screen uh is that uh what's displayed on there now been marked as exhibit 41 you recognize that yes I do and uh using the laser pointer on the desk before you could draw the jury's attention to what anything of significance youer I observed the swelling of the eyelids slight ler of the nostril and the eyelid the blood pooling on the bed and uh that depiction of Mr o'keef again Sergeant you recognize what's on the screen I do exhib you ustion I observed the I observed the lateral excuse me uh parallel lacerations excuse me abrasions uh and markings on the the skin of Mr o'keef uh limited between that point there and that point there as I described earlier in my testimony again Sergeant youn screen I do and this is it's uh the same um abrasions to Mr O'Keefe's right arm uh just further up uh on the bicep tricep shoulder area now Sergeant taking you back to January 29th 2022 after you left uh the Good Samaritan Hospital where is it that you went we went to 345 Country Hill Drive in dayon that was the residence of uh M re's parents is that correct that is correct now on your way uh from the Good Samaritan in Brockton to uh the residents in d uh what if any communication did either you or TR Proctor have with regard to the D police I advised uh Trooper proct to contact Dion police dispatch and advised them that we would be responding to the location uh 345 Country Hill Drive and uh seizing a vehicle and we were we were requesting uniform patrols to assist us in that mission and and why was that request made of the local people we were going into their jurisdiction there was a blizzard going on um we were considerate of the circumstance and um wanted to be courteous to the Reed residents and not just show up without any uniform presence we have never met the Reed family they have never met us and with the clothing that we were wearing um it would be difficult for them to um see that we were long enforcement and so as you arrive in that area of the residents in Dion uh where did you position yourselves and and and when did you arrive in relation to the the mark unit for D we called them while we were still on the highway and gave them an approximate time of arrival uh GPS was not accurate due to the conditions uh at the time on the roadways e e e e from knee high to up to my waist for reference I'm 6 foot one so it was quite deep uh and in some locations and as you made your way to the home what if anything did You observe in the drive as we walked up to the driveway uh in front of the garage we observed a large Lexus black and color SUV bearing Massachusetts registration 3 GC 684 and subsequently did you come to find out whose vehicle that was yes once uh we queried the plate we learned that the vehicle was registered to the defendant and as you're going by this vehicle what if any observations did you make of the vehicle as you were walking P it toward the home I observed a damaged rear right uh tail light fixture on the vehicle um from my vantage point I also told Trooper Proctor to approach the vehicle closer and confirm what I was seeing which he did and as far as that damage to the right passenger tail light area can you describe sort of what it was that you that you saw during that initial phase absolutely during the initial phase I observed uh snow compacted and caked onto portions of the tailight casing there were pieces missing um and I knew that because the left side tail light was intact and as you made your way past the vehicle to the home at some point are you greeted or do you meet someone in the area of the home yes once we walked up to the front door I rang the doorbell and Mr Reed um opened the front door with the storm door glass storm door um unable to open due to the level of snow on the ground and on the front steps and so where were you directed to uh to enter theice Mr Reed directed us to the garage door at which point it opened up and Trooper Pro and I entered the garage we once again greeted by Mr Reed and invited into the home and officer barel where did he remain when you and TR Brock went all he remained outside with the vehicle um during our time in the home uh officer baros came in and asked if what the plan was and um offered to have DPW plow out the driveway because the tow truck was not able to maneuver into the driveway in order to retrieve that vehicle now as far as during any time that you were uh on scene or at this residence indict did you yourself or did you observe triple Proctor touch uh that vehicle at any point in any way while you were no and Did You observe oer barrows or any other Personnel uh beyond the tow truck driver touch the vehicle in any way no as far as the tow truck driver was concerned Did You observe that individual touch anywhere in the rear passenger side area of that vehicle at any time that you were there no then you proceed inside the home and when you get inside the home uh where did you go and and who if anyone did you speak we were directed by Mr re to the living room where the defendant was Seated on the couch she had her laptop on her lap and her phone resting on the right armrest of the C of the couch now in add addition to uh defendant and her father who if anyone else was was present U when you talk to M the defendant's mother um Mrs Reed was also present in the home and the defendant's mother and the defendant's father were they present throughout the course of of your interview or your discussion with Miss Reed yes they were and at any point in time did you ask them to leave or anything like that I did not no now with respect uh to can you describe sort of the the demeanor or the tone of of the conversation that you had with this Reed that afternoon it was uh polite courteous she had just went through a traumatic event so we were you know considerate of her losing her boyfriend and um we had a normal tone conversation we were in the information gathering fact finding portion of the investigation we simply wanted to collect her recollection of events that she remembered and so throughout the course of this interview um how are you are you standing are you seated or how are you positioned in relation to miss Reed and how is she positioned in relation to you she was sitting on the couch um we were standing across the room um I don't recall if there was a coffee table but if there was a coffee table we would be standing um on the opposite side of that coffee table if there was one present I do not remember if there was one present but that's the distance um approximately from me to the defense table and if you could describe to the jury sort of how did that interview or how did that conversation begin what was what was said uh first things first we introduce ourselves advise uh the individual we're speaking with uh who we are where we work and what we're looking to find out um the defendant was advised that we're looking to get a recollection of the events what happened um what she observed what she remembers uh from the night before and to walk us through the last 24 hours or so of of activity and prior do I need to give an instructions to um I'm not sure exactly why don't I see council at side a minute for e e e all right so I interrupted you sergeant and I'm going to instruct you jurors okay um we're about to hear testimony about statements allegedly made by the defendant Karen Reed allegedly concerning the crimes that are charged in this case before you may even consider any such statement as evidence the Commonwealth must prove to you beyond A Reasonable Doubt that the defendant made the statement that she's alleged to have made and that she made it voluntarily freely and rationally in determining whether any statement made by the defendant was voluntary or not you may consider all the surrounding circumstances these include when and where the statement was made the nature of any conversations with the police or a questioning by the police and the defendant's physical and mental condition including her intelligence age education experience and personality your decision does not turn upon any one factor you must consider the totality of the surrounding circumstances I'll instruct you about this again at the end of the case but for purposes of as you hear the testimony that's the lens that you have to sort of hear it through all right with that Mr L thank you Sergeant mechanic when you began to speak uh to the defendant prior to any sort of substantive uh conversation um what if any conversation did you have with her about the conversation you were going have I just asked her to recount any events and the history between the the actions that that were taking place and how did she initially respond to that she stated that she's willing to answer our question she just doesn't want to go into too much detail about what what transpired and given the circumstances uh that she had just lived through I I understood and gave her that U courtesy and as far as that interview or that conversation went um can you describe that conversation or the contents of that conversation uh with to the jury absolutely the conversation was normal tone of voice like I am speaking to you right now um Miss Reed responded in the same tone of voice um answered questions the content of the conversation began with her saying that um as I stated she was not she doesn't want to go into too much detail but she was willing to answer our questions we asked uh what she was um what she had for plans what she had for as far as activity the night before leading up to um Mr O being discovered she stated that she was um in the relationship with Mr O'Keefe uh that morning meaning the 28th of January she got into a fight with Mr o'keef over what the the niece and nephew were being fed uh for breakfast or what they had for breakfast um she went on to say that she met Mr O'Keefe at CF McCarthy's approximately 900 p.m. the night of the 28th of January 2022 she stated that the gentlemen were drinking consuming beers Bud Lights and she was drinking vodka soda uh prior to moving on to uh the bar at waterfall uh the defendant was asked where she parked her vehicle uh she told me that she parked her vehicle on Washington Street across the street from CF McCarthy's facing Northbound so the vehicle was on the side of waterfall uh Bar and Grill we went on through the um conversation the interview to to the waterfall restaurant at which point she was asked if she left CF McCarthy's with a beverage or container from that establishment to which point she stated that she did not she also confirmed that Mr oef did not have any injuries on him when she interacted with him at Sea of maath or the waterfall he did not get into any verbal or physical altercations with anyone to have sustained those injuries um she stated that once at the waterfall they stayed for approximately an hour uh hanging out with acquaintances and then um they left the waterfall she drove them to after they were invited to a residence she drove them to um a location in Canton where she dropped Mr o'keef off she was asked if she saw Mr o'keef walk into the home at 34 Fairview and she stated she did not she stated that she made a three-point turn after dropping him off and left she was asked whether or not Mr o'keef um excuse me let let me back up she was asked if she knew if how she found out about the damage to her vehicle to which she stated quote I don't know it happened last night end quote now at some point um earlier in the interview uh what if any indication did she give as to uh who Miss was with when she arrived to see McCarthy's and and sort of how long he had been with those respective people uh she indicated that uh Mr o'keef was with um Mr camarano Kurt Roberts at which point she was asked to provide contact uh information meaning phone numbers for those individuals at which time she picked up the phone on the right armrest of the couch manipulated the device entering a passcode and provided that phone number to Trooper Proctor and I and an any point in time in the conversation interview you had with her what anything did the defendant say in regards to why she had not gone into the residence of faie wrot herself the defendant stated that she was having stomach issues and did not want to enter the the residence now what if anything did she tell you about the later on that morning of the 29th she stated that when she woke up she began looking for Mr o'keef um and when she found him in the snow she began CPR um on Mr o'keef and what if anything did she say to you about any observations she made of Mr o'keef later on that morning as far as any injuries to Mr o'keef the defendant stated that while she was performing CPR Mr o'keef had sustained um injuries and was bleeding from the nose and the mouth and if you recall what if anything did she say about Mr O's eyes at that time the defendant stated that Mr O's eyes were swollen is that both eyes is that correct that's correct now as the interview progressed uh at some point uh did you ask uh questions seeking further details yes I did and details about what specifically were you asking once we got to the point in time where the defendant told me she did a three-point turn I asked her to walk through step by step of her operating the vehicle and exactly what she did prior to that um I asked her excuse me so she she was asked to uh give a step-by-step recollection of how she um what she did in manipulating the vehicle and leaving the scene and at that point was the interview terminated yes it was now once the interview concluded or was terminated um what if anything did you do with reference to miss Reed's pH and the defendant once the ter uh interview was terminated I advise Miss um Reed that her phone was going to be seized as evidence and her vehicle was going to be seized as evidence as well and did you subsequently seize both of those items sir yes we did and similar to the clothing Mr ois as far as evidence was concerned was that packaged and um taped and transported back to the office in a similar fashion the device was the vehicle was transported via tow truck that was dispatched by Dion PD on our request and so when you get back outside um of the residents after the conclusion of your interview with M with the defendant um what if anything did you observe going on with regard to the driveway and or any other vehicles that weren't there when you went into the house during our interview I glanced out the window and I saw flashing amber lights and a tow truck plowing the driveway um so the V the driveway was plowed and the tow truck was excuse me PL plow truck was plowing the driver not the tow truck and the tow truck was um loading the vehicle onto the the flood then and from at any point in time when you were outside of the residence what if any observations did you make as far as cameras or anything like that on the exterior of I did not see cameras on the exterior of the home at that point in time subsequent to that dat did you become aware that there were exterior cameras that were record on the exterior of home IND subsequently yes we learned that there was video recording of the um the residence and the driveway approach yes I'm showing you a disc you recognize that sir yes and what do you recognize that to be I recogniz it to be Dion videos um as it relates to the location where the interview and the vehicle was seized from and what's contained on that as far as the video is concerned is that a fair andac of traal what you observed as far as the the defendant vehicle being loaded on to a tow truck yes it is thank you yes OB and with the Court's permission if I could publish uh those two short clips for the jury yes C onuse L you need to keep your voice up yes pause right there please now the sergeant mechanic from this particular point of the video do you recognize the vehicle that is just pulled into the driveway yes I do is that the same driveway that you had walked up from the street to the house and D on that morning yes it is as far as theic is concerned what do you recognize that vehicle be that would be the Lexus SUV owned by the defendant be massachus registration 3 GC 684 two individuals just exited that vehicle is that correct Sergeant that's correct you recognize who those individuals are as far as who they are what part vle they exit yes uh the passenger side exit was the defendant and then the driver side vehicle was Mr Reed that correct that's correct now Sergeant towards the end of that video Did You observe the defendant and her father in any specific area in relation to that vehicle yes I observed the defendant her father at the rear right tail light a gesturing or signaling towards the affected damaged and missing parts of the tail light I'll allow just the direction that they were signaling at okay as far as that vehicle's position within the driveway is that essentially the position that you observed it in when you and Proctor and officer Barrow were walking up the driveway to yes it was again Sergeant mechanic if you could describe to the jury What You observe particular this video captures the vehicle um being moved into position to be loaded up onto the flat bed um for transport from the scene yeah you really have to keep your voice up yes Sergeant mechanic from this uh still image from this video uh what if anything of significance You observe in relation to vehicle at this time that it's being loaded on uh the rear tail light is illuminated you could see a white light um coming from that tail light if you could using that laser point right there now Sergeant mechanic as far as when you left the residence and Di where is it that you uh went can we turn the lights on Mr L yes my apologies once we left the residents in Dion we proceeded following the tow truck back to the Canton Police Department and was there anywhere else uh that either you or the the tow truck uh went U between dyon and the Canon Police Department no sir and when you say we it's yourself and tro Proctor is that correct that's correct now once you arrived at the Ken Police Department where did the vehicle go the vehicle was unloaded and put into a heated sally port located at the can police department and in reference to the can police department and putting it in the sallyport why was it that it was taken to that loc it's a uh location that serves as a storage for a vehicle that would um suffice for the size of the vehicle the location is um as it related to the the crime that took place was and was investigated was in that town so we utilized their facility it was also a heated facility to help melt the snow that had been accumulating on the vehicle and at some point uh well as far as some point subsequent to this uh did you learn that there are uh external exterior cameras of the Canon Police Department as well as cameras within the sallyport garage area yes I did and have you reviewed each of those respective cameras prior to your testimony here today yes I have may I approach your honor yes I'm showing you a disc to you recognize that sir yes I do and what do you recognize that to be the Ken Police Department driveway with video and what's contained on that is that fair AC of a trail of yourself and the tow truck pulling into uh the Canon Police Department driveway uh on that afternoon or early evening of of January 29th yes it is may I approach honor yes introduce okay [Music] thank you for that no objection okay in your honor with the Court's permission uh publish that okay just for reference points um in regard to this view of this camera Sergeant you're familiar with yes I am so where is this camera view in relation to the department the where the vehicle eventually go uh this camera is uh capturing the driveway entrance to the can police department as viewed from Washington Street that driver there is on the left side of the structure um the camera itself is pointing towards the entrance of uh the driveway to the can Police Department as you can see the brake light illuminated in the shot that is a can police cruiser sitting at the edge of the driveway right by Washington Street so for orientation purposes as far as the tow truck and your vehicle is that coming from the top of the screen to the bottom or the bottom to the top it's uh coming from the top left to the bottom right of the screen towards the rear of the building where the sally port is located as far as what's depicted in this shot on this video Sergeant what what if anything youer that is the tow truck transporting the defendant's vehicle uh arriving at Canton py uh my vehicle with Trooper Proctor inside me operating are following closely behind as we did the entire way from dayon all the way to can thank um now as far as the interior of the sort garage that the thank you um as far as the interior sally port of the garage you mentioned that that is a heated area is that correct that's correct and as far as the heat within that do you know how that is is produced or how hot it gets in there as far as the time that you spent with in there I do not know but it was a standard garage heating system that blows hot air um as far as temperature when the doors were open that day it was freezing cold it was I believe like 18 degrees with you know winds blowing so inside the garage with inside the sallyport with the doors open it was quite cold once the door shut um the temperature Rose above freezing and uh the snow began to melt off of the vehicle and from the arrival of that vehicle into the sallyport garage area you wear or have you reviewed video in reference to that yes I did and you're on a may approach yes showing you another disc sir just ask you to that finish and do you recognize that sir yes I do is that contain the video that you were just testifying about as far as the arrival of vehicle at the Ken Police Department Sally board corruption yes it is thank you may I approach honor yes introduce minut no OB Sergeant before we get to that uh video if I could just ask um if you know approximately what time was it that you left uh dayon following that tow truck back to the Canon Police Department we left dayon approximately 4154 420 and we followed the vehicle back to Canton um arriving probably around 5:30 or so PM you on with the Court's permission if we could uh publish that video uh for the jur okay EX direct your attention up to the video on the screen just for orientation purposes again first of all you recognize what's in St yes I do what do you recognize it's that is the sallyport uh 2 Bay garage at kenon Police Department with the antique can Cruiser on the bottom of the screen and the open um spot for a vehicle um in the middle of the screen with the four-wheel drive Al alterrain vehicle at the top now as far as again for orientation purposes the driveway that the jury just PRI is that to the left of the screen right of the screen or something else uh the driveway is to the right of the uh the right of the screen and this vehicle the picle of Tak into thear from the opposite side left of the screen is that correct correct okay could you pause that Miss Gilman e e e take a short afternoon break on our long days in about a half an hour but I think the better use of our time is to give you a 10-minute break now um and then we'll go straight through to if anybody needs a break all rise for the court please Jim e made a witness leave this stand just for a moment sure yeah we'll see you back here in about 10 [Music] minutes you are unmuted okay so you want us to watch this now that if you please yes [Music] get Just a Little Closer sure can we turn out the lights please Dave thank you for [Music] for [Music] for for ch for for for is that the end of it Mr L or I believe so yes is that the end of it Miss Gilman okay all right lights on please Dave thank you all right so I have a copy of the printed docket on 424 paper number 347 was the comm's notice of Discovery XL I just asked Mr McDermot to print it for me the printer up here doesn't work all right so that was before we impaneled that was the day I believe of the long motion and lemon a trial all right so we'll take a five minute break okay thank [Music] you e e e e e e e e e e e e e e e e e e e e e e e e thank you all right so we're ready to pick right up where we left off ready thank you so I'll just be clear the objections overruled Mr Jackson thank you Sergeant we're gonna start up again with the video your honor for the record I believe we're picking up where it was paused which was 53536 okay [Music] and Sergeant as far as the condition of the vehicle as You observe it this sort pause still shot of video is that fair and accur portrayal of the condition as far as the snow or ice or anything You observe on that vehicle when it came into the s yes it is Falling video all right so keep your voice up um Sergeant mechanic with reference to any individuals you see in this video do you recognize any of those individuals um I can recognize Trooper Proctor myself um other other than that I don't remember exactly who else was present uh at this uh moment in time if you could start the that's Tri Proctor and myself then any point time present uh with this vehicle in Sal garage this evening of January 29 2022 did I do yourself or did you observe Pro Touch or manipulate in any way the right side no we did [Music] not for for for [Music] for e Dr banic from uh what you're observing in this video what you've seen or or what you recall from this um what is it that you and and proor and some of the other officers are doing that we're establishing a perimeter around the vehicle with yellow tape in order to prevent um or alert and advise anyone in the area to stay away from the vehicle e you can take that down to Mr Officer we can have the the lights back now Sergeant mechanic you wear um of a a warrant that was executed on that vehicle uh on February 1st of 2022 I am aware and you yourself were not present for that is that correct I was not present for the execution no sir uh Trooper Proctor was as far as you aware is that correct that's correct now the next time that you were um within uh the Canton Police Department Sally for garage with the vehicle was on February 2nd is that correct that's correct and on that day where did the vehicle go from the police station from the Ken police station I escorted the vehicle to the Milton Barracks for safekeeping and why was it taken from the Ken police station on February 2nd to the Milton police par what had occurred in the intervening part between January 29th and February 2 the Ken Police Department had recused themselves from uh interviews and in that portion of the investigation and now that the vehicle had been processed we needed to free up the Canon sally port so they can utilize that facility for transporting prisoners to their um facility and uh booking so we stored the now processed vehicle back at the Milton barracks in a unheated garage and uh your honor if with Court's permission if I could publish just a very brief portion of what's been marked as exhibit 34 okay which is the c Police Department Sally ports uh garage uh camera okay you up there sorry February 2022 9 I'm just G ask you to play that through till about 8 Minute uh sorry 81026 Sergeant just for orientation purposes again this is another camera from within the same s is that correct that's correct it's the opposite view from what we just uh viewed in the previous video and as far as any of the people this video you recogniz I believe that's myself and then another uh officer I I don't know who uh that other officer is just again us laser pointer direct and as far as the condition of the vehicle uh from January 29th when you saw it on that day February 2 when you saw it on that day as far as the exterior of the vehicle what if anything was different or what if I noted the tail light um removed and the evidence collected as far as the snow and ice you on that was that February no that had melted away for for than and you can take that down and Mr Officer we can have the the lights back on thank you now Sergeant mechanic with regard um to Mr O's house at one Meadows Avenue in K at some point did you become aware throughout the course of your investigation uh that there were exterior cameras are fixed to that residence as well yes I did and those were ring cameras is that correct that's correct now with respect to investigation uh what if any steps uh were taken in order to secure any of that footage uh from the exterior of the house from The Ring objection no I'll allow it we applied for multiple search warrants all right I'll see you at sidebar on this e muted and so sir during the course let me ask you this as far as this or any other investigation is concerned um how is it uh that members of your unit sort of uh work through an investigation or work on a case we objection no I'm going to allow that as a case comes in we address each case on individual basis based on the evidence that is presented through testimony and physical evidence that is recovered um that is what guides our investigations and we then develop leads and process um information collected sometimes information needs to be collected from uh third party holders of data or service providers at which point to access that data we apply for search warrants which are guided okay so leave it move on from that so you apply for search warrants we'll move on from there so Sergeant my question is more geared towards as far as individual Personnel within um within your unit um how is it is is an investigation conducted as far as one Trooper does everything or is a collaborative effort or how is that how is that the reason I say we is because every investigation takes the entire unit typically to uh put an effort in to conduct interviews analysis and and so forth so it's a team effort each and every time no investigation is a Onan show uh that's why we call it a case officer not a lead investigator because the case officer organizes the individuals to um assign different tasks and collect and organize the data that comes back from the third party providers and from the interviews that are conducted as far as the interviews that are conducted through the course of this or any other investigation is there ever an interview that's conducted just by one Trooper or one person in any investigation that you've done with this youth it is no we conduct uh interviews with two people whether it's a trooper and a local detective or two Troopers assigned to our office other State Police agent um unit within the agency now as far as the case officer um who was the case officer on this particular investigation the case officer in this investigation was Trooper Michael Proctor and trole Proctor Works under your supervision is that correct that's correct so as far as a search warrant for the ring video from one Meadows Avenue who uh specifically sat down put pen and paper and wrote the Search Trooper procto is the affiant and as far as uh from that search warrant are you aware of the materials that were provided by ring in response to that search war I'm going to allow it I am aware of it and have you reviewed both material as well as the videos that were provided by ring uh in in response to that search I did now with reference um to those with reference to those videos uh specifically um Did You observe a uh if if you know um with respect to those videos how were they sort of Ed sequentially uh when in the manner in which they were provided as far as date time things that ask it differently ask it differently Mr L so the videos that you received from r you review correct yes I did objection no I'll allow that so he's reviewed videos from ring next question what if any information did they contain as far as dat or time the data provided back from ring uh provided videos there was no date and time on the labeling of the uh the identifier unique identifier for each video but it was presented in a sequential order knowing that the last video presented uh from the provider was the last video within the scope of our request and the first one being the first uh in that timeline in the scope of of your request the scope of the request of the warrant what time frame are we talking about objection I'll allow that the first warrant uh we requested from January 24th at midnight through January 30th at midnight and with respect to those videos that were provided you reviewed each of those is that correct that's correct and you're on with the course permission I would ask to publish certain of those videos for the next time so are these why don't we come to sidebar e you are [Music] unmuted Miss Gilman if I could have from what's been previously marked as six our first video 119 if you could pause there miss Gilman now with reference to uh this particular video number 119 and exhibit 6 Sergeant um what if anything can you tell the jury as far as the timing of this particular based on the appearance of the driveway we know know that this uh recording took place prior to the Blizzard of January 29th and as far as uh anything that you observe in this video as far as vehicles or people within those Vehicles what if anything youve within this uh I observed Mr O's car parked in the same location um as he typically parked it and then um objection I'll strike the aie typically pass and then uh a black SUV par um perpendicularly to Mr ke's vehicle uh adjacent to the entryway to the garage if pause at some point in the course of your viewing of of this video of the video yes that is the defendant operating her black and colorless Lexus SUV bearing massachusett plate 3 GC 684 and now Sergeant mechanic you're also aware from your review of The Ring videos from One Metals AV uh another video uh depicting the defendant leaving the house uh sometime shortly after 5:00 a.m. on January 29 yes I am and M Gilman if I could also from exhibit 6 ask for um excuse me video 153 you can just pause there for a moment now Sergeant with reference to this video in the one uh just previously from 119 um where is Mr O's vehicle part um in relation to this video these are the the other the vehicle's parked in the back corner of the driveway along the fence uh in the same location that is it as it's parked in the previous video at some point you see the defendant vehicle back out of the garage in the same directionality it did in the prior video yes you do [Music] now as far as the operator of that vehicle are you able to observe who that operator is within that vehicle I I observe the vehicle being operated I cannot identify who the individual is and then from that shot right there uh from at any point in the shot or the video that you observes are we able to recognize the not from that shot no now with respects to theing of this video what what time in the morning is this video this uh the timing of this video is approximately 57 a.m. when the defendant left the home uh through the garage via her vehicle now from this particular pause portion of the video uh Sergeant what if anything of significance Do You observe within uh the still shot of this h p portion of the video one5 the portion of this video In the Still shop presented identifies a a missing damaged rear right tail light exposing the white light coming from the right side of that tail light and if you could using the laser po before you draw the you're talking as as that now earlier in that video I Did You observe fend vehicle coming close to or coming into contact with Mr o' V yes I did and as far as Mr vehicle at least from this video What If any damage You observe no damage and as far as the ground area around where Mr O vehicle parked specifically the rear of that vehicle what if any red pieces or anything You observe on the ground nothing was observed [Music] [Music] and Miss Gilman from exhibit 6 if I could have uh video number 165 you pause there please and Sergeant have you reviewed this video as well yes I have and uh when TimeWise uh in relation to January 29th uh approximately is this video it's approximately like 12:30 in the um uh afternoon and as far as the vehicles in the foreground area from this particular camera shot you know what vehicles those are yes uh the vehicle in the top left corner is Mr O'Keefe's vehicle vehicle in the middle left is the defendants vehicle and um I I do not know who the other two vehicles are [Music] and ser from the two individuals exiting from that vehicle you recognize those individuals AR yes do if you could just using the laser pointer direct jury's attention to whom you recognize and identify that person that there is the defendant and that there is Mr Reed corre that's [Music] correct for thank you Miss Gilman if you could um pull up video 166 from the same exhibit 6 [Music] pause there just for a moment Sergeant you recognize person that just exited from that vehicle and behind the defendant vehicle yes I do as a defendant's brother for [Music] thank this Gan if I could have from the same exhibit six uh video [Music] 171 e it's coming you can take that down Mr Officer we can have the lights back on sergeant from your review of those videos at various points You observe the defendant's brother cleaning off the defendant's car correct that's correct at any point in time did you observe the defendant's brother uh cleaning off the area of the right rear passenger side's uh tail light of the defendant's car I did not now Sergeant turning your attention to February 1st of 2022 um yourself in a troop of Conor Keith is that someone you're familiar with I am and he works within your unit as well yes he does and at some point did you and Trooper keth on that day go to the CF McCarthy's establishment yes we did and uh what if what was the purpose of of your visit to CF McCarthy's on that day the purpose of our visit was to retrieve surveillance video uh during the target time in question that um we knew the victim and the defendant had visited that establishment also any transaction receipts that we could uh collect from that location and were you able to uh retrieve both uh video as well as transaction receipts from that establishment we were and I'm sorry my my apologies before I get into that may I approach the witness your honor yes for and Sergeant I'm showing you a series of 14 photographs still shots if you could just look those and look up when you're finish and do you recognize those sir I do and what do you recognize those to be I recognize these to be still photographs of the Ring video that we just watched and that would be uh video 153 the one with the defendant backing out sometime after 5 am on January 29th that's correct can I approach your honor yes to introduce and amend is the next exhibit okay no thank you for for thank you thank [Music] you thank you so much you honor with the Court's permission uh may I publish just a couple of these photographs Miss kilman if I could have a photograph number 30 and Sergeant you recognize what's up on the screen now as exhibit 46 I do andman ofle yes and Sergeant what's up on the screen now um if you could um direct the jury's attention with that laser point to the area of the rear passenger side tail light that you describing damag thank you sir Mr you can have lights back up thank you sir so Sergeant mechanic if I could take you again I'm sorry back on February 1st to uh CF car um you secured video and receipts from that establishment on that day that's correct and as far as the video and receipts uh were you uh then able to subsequently review those at some point yes I was now first uh starting uh with respect to uh the video you may approach [Music] yes I'm showing you two photographs still shots this look at those up finish and did you recognize those sir yes I do and what do you recognize those to be those are still shots of the CF McCarthy surveillance uh video that we collected from that establishment from the dining room camera angle may I approach again your yes to introduce in a minut no OB thank you thank you in your honor with the course permission if I could ask those be published okay and S to recognize what's up on the screen yes I do and uh if you could using po draw the jury's attention to what if anything significance you observ is still shot from CF we observe the victim Mr John O'Keefe here appears to be communicating with the defendant here Mr camarano is over here as well um Mr Sullivan is down here as well uh Mr O'Keefe is wearing the gray light two-tone sweatshirt that I held up earlier as well as the jeans and simar this Sim previous excuse me you recognize thisy here yes it's again the victim on the other side of the defendant still dressing the same outfit and the defendant standing in front of them as far as the bar area Jason to the defendant what if anything of significance do you know the bar area is located near the Taps uh the draft beer taps at Sea of McCarthy's so if you were to look at the bar from the street that is the left side of the bar um orientation on the way to the restrooms and I'm sorry I should have been more specific as far as the sort of shelf of of the bar immediately adjacent to the defend here I observe a cylindrical vase style um cocktail glass on the bar as well as other beer bottles you can take that down um with reference to uh the CF McCarthy's video uh you know with the Court's permission I would ask to publish certain portions of that it's already been marked as exib 50 okay Miss Gilman if you could from the first video if I could ask you to pull it up to about seven minutes and 50 seconds and Miss Gilman if you could pause just a moment I'm just going to ask you to play from 750 to about 8 minutes and 20 seconds but I may ask Sergeant as far as just uh again for orientation purposes uh with reference to uh the entrance or exit point of You observe that somewhere this video yes at the top of the screen is the front door to CF McCarthy's uh bar and as we just viewed the two gentlemen walking in they walked in through the front door heading to the Taps area um draft beer uh location of the bar and you the front door area is located right here and with respect to those two individuals that came in you recognize those two individuals yes that is the victim Mr John no Keefe dressed in the same outfit as before and Mr karano [Music] Miss Gilman if I could ask you from the same exhibits um same exhibit 50 uh from the third video now if I could ask you to go to about six minutes in 10 seconds in and I'm going to ask you to play that till about 6 minutes and 43 seconds I ask pause just um as far as the individuals around Mr and Mr camarano Do You observe or recognize anybody else in the bar area around them at this time Mr o'keef is sitting next to Mr camarano I believe Mr Kurt Roberts is there as well um next to Mr camarano now from this time we're at about 8:51 PM or so within the video is that correct that's correct now as far as the the time stamp on this video What If any information were you provided when you retrieved this video on February 1st in relation to that time and its accuracy uh for what what time was during uh video surveillance extraction we uh verify the time and date on the system and that is to uh show us how far behind in the past or in the future sometimes devices are time stamp that's in the future it hasn't happened yet in real time but uh the video stamp so so what we do is prior to extracting video we identify the difference in time between real time and video time in this case CF Macy's video was 12 minutes behind real time and thank you and Miss Gilman if you could um play this till about six minutes and 4 far as anyone else within the area of the bar Roberts anyone else recogniz in that area I recognize the defendant walking in and interacting with the victim Mr John o'keef Miss Gilman if you could within that same video three uh I would ask you to go to about 13 minutes and 15 seconds I'm going to ask you to play from here to about 14 minutes and 45 seconds e PA there now from your view of this video what if anything of significance You observe in this part of the video this part of the video I observed the defendant reaching over and retrieving a cylindrical tall cocktail glass from the bartender and again given the understanding that the video is about 12 minutes off as far as the time stamp the defendant entered about 8:51 p.m. and is receiving this drink about 858 p.m. is that correct that's correct if you could play that for nowman if you could um go up to about 32 minutes even in to the same video now I'm going to ask you to play that uh for the next 30 seconds or so to about 32 minutes and 30 seconds and Sergeant during that about 30 seconds or so what if anything of significance Did You observe the defendant to receive at that point a cylindrical cocktail glass and so that would be the second drink is that correct that's correct and that's at approximately 9:15 is that correct that's correct and M Gman if you could go forward to about 37 minutes into the same video if you can play that for about the next minute or so about 38 for sergeant again from that about one minute portion from that video what if anything in significance Did You observe the defendant receive and do with uh any items uh she received the shock glass beverage and poured it into the TS cylindrical cocktail glass and then Mr John O'Keefe stared it for her and so that would now be the third drink is that correct that is correct and that's about 9:20 p.m. is that correct that's correct Gilman uh if I could direct you to uh the fourth video video number four and ask you to go about 50 seconds into 50 into this video and I'm going to ask you to play this Miss Gilman from 50 seconds to about 13 for thank you Miss Gan um so sergeant from this uh particular video what if anything of significance If You observe the defend receiving during this time frame she receives another sha glass beverage and then places uh that liquid into her tall cocktail glass and stacks the second sha glass into the first sha glass into the first tall cylindrical cocktail glass she had previously received and consumed so this would now be the fourth drink is that correct that is correct and for the video that's about 9:33 PM is that correct that is correct and um Miss Gilman within this same video if I could ask you to go to about 26 minutes and 30 seconds if you could pause there for just a moment um just I'm G to ask you to play this until about 27 for [Music] G uh during that period Sergeant what if anything of significance Did You observe uh the defendant to receive during that time frame she received a tall cylindrical cocktail glass and in addition to that what if anything else did she receive from the bartender during that time a shot glass shot glass size beverage and what if anything did she do with the shot glass in regard to the larger cylindrical glass was placed inside the tall cylindrical cocktail glov so that would be drinks five and six is that correct that's correct and per the time stamp on the the bar video this is now about 9:57 p.m. is that correct correct and Miss Gilman if I could direct you to video number five and if I could ask you to go to about three minutes in and ask you to play that till about 3:30 or so second goinging and if I could ask you to go to about 10 minutes and 30 seconds in and I would ask you to play that for about a minute to about 11:30 or so for so Sergeant sort of rounder shots in during this portion of the video is that correct that's yeah sustained you can ask it differently what if anything of significance That You observe uh the defendant and or the group she was with du in this portion of in this portion of the video the two gentlemen um to the right of the defendant consume a shot size beverage and as far as the shot class that the defendant received what if anything do You observe her to do with that I'll allow it or strike that just would Did You observe not what she had what did You observe the defendant to do during that por prior to the shots being taken a shot glass was poured into the cylindrical tall glass and again so that would be drink number seven at that point that would be drink number six and I'm sorry so the previous portion was a cylindrical drink and then a shot glass that was five and six is that correct objection I think that was the testimony but ask it differ as far as that drink during that portion uh is that drink number six or drink number seven objection yeah in that form I'll sustain it at this point in time in the video after watching what you watched how many drinks has the defendant consumed this at this point she's consumed or is in possession of objection I'll allow it six drinks and it says at approximately 10:29 p.m. is that correct yes that's correct gentleman if you could go to about 20 minutes and 30 seconds in the next seconds sorry during that portion of the video uh what if anything do You observe as to the drink the defendant has and and how full it is at that point she has a cylindrical tall cocktail glass in her hand and uh can you observe or did you observe how full that glass was drink number six is uh empty or near the bottom almost empty and uh Miss Gilman if I could ask you to go to about 22 minutes and 40 I'm sorry 2240 or so for the time for now from this portion of the video Sergeant what if anything do You observe the defendant and Mr o'keef doing in reference to see um once the defendant uh got drink number seven the defendant and Mr o'keef walk out of CF McCarthy's the defendant holding the beverage tall cylindrical glass in her hand may approach yes miss you can take that down [Music] I'm showing you five page document to review that look up when you're finished and do you recognize that document sir yes I do what do you recognize it to be I recognize it to be a series of uh transaction receipts uh from the tabs at CF McCarthy's and are these the transaction receipts or tabs that you received uh you and tri ke received from cfar on February 1st 2022 yes they are and with reference uh to those receipts or tabs uh uh if anyone of significance you um so those tabs pertain to uh the first one for 5280 was opened under the bar tab Karen a re and is there also a receipt from John o' yes it is the transaction through the credit card uh being a Master Card for 5280 was paid by Mr John J o'keef and with reference to uh the items listed within uh that particular receipt what if any items of significance Do You observe uh listed on the receipts under Karen a reads receipt one Tios $10 one Tios $10 one C light5 sustained May yes to introdu the medic next [Music] exhibit probably should okay e e you are unmuted so Sergeant mechanic on those receipts from CF McCarthy is under both uh Miss Reed's receipt and Mr O's receipt there was Tito's vodka listed on correct correct now also on February 1st uh what if any other establishments did you go to in the town of C uh myself and uh Trooper Keith went across the street to the waterfall Bar and Grill and uh retrieved um transaction receipts and video from there as well as far as the video is concerned from that establishment have you reviewed that video as well yes I did and uh with regard to the receipts from that establishment uh you reviewed those as well is that correct that's correct uh you may approach [Music] yes I'm showing you four photographs still shots those and look up when you're finished and you recognize those sir yes I do and what do you recognize those to be those are still shots of surveillance video from the waterfall Bar and Grill on the night of January 29th uh after midnight and miss Mr O'Keefe is depicted in the still shot and those are both interior as well as exterior camera shots of of Mr oef sort of exit from the waterfall is that correct that's correct uh interior him leaving at 12:11 a.m. which the time stamp on the surveillance video at the waterfall was accurate to real time uh he is holding a beverage shorter cocktail glass in his right hand as he exits the establishment he's seen on the exterior C camera walking towards Washington Street thank you may approach yes I to se to introduce in a minut Jud okay thank you thank your honor with the Court's permission if I could ask for the jury yes and sorry do recognize what's up on the screen I do and what you recognize that to be that is the still shots presented to me and entered into the exhibit of Mr O'Keefe walking out of the waterfall Bar and Grill 12:11 a.m. on the night of uh the early morning hours of January 29th holding a cocktail glass again do you recognize what's up on the screen sir yes sir and if you could using the laser before you just direct attention where youer youing as mr' Keith is uh observed here he's holding that shorter fatter cocktail glass as he's walking out of the establishment if I could and again Serge you recogniz what's on screen now yes I do if you could direct this is Mr O'Keefe walking out out of the waterfall establishment holding the cocktail glass and his right hand as he uh walks towards Washington Street Mr have lights thank you sir you want may approach the witness yes sir I'm showing you what's been previously marked as exhibit [Music] and do you recognize what's contained in exhibit 54 I do recognize yes and are those the receipts that you received from the waterfall when you went there on February 1st yes they are thank you may approach yes now sir with reference to the waterfall um in regard to the Tim stamp on that surveillance video uh what if anything were you told as far as the accuracy of of that time stamp when you retriev that video that video was confirmed to be accurate in time as in real time no discrepancy um and your with the Court's permission if I could just publish uh three quick um clips from what's been marked as exhibit 53 okay Miss Gilman if I could ask from channel three the second video down I could ask you to go from the time stamp on the top of the screen to 1054 25 seconds ask you to right there so sergeant from that particular portion of the video what if anything signic youve that portion of video depicts um Mr John o'keef walking in with the defendant defendant gesturing to a group of people at the top of the screen and then Mr o'keef walking over and giving a hug to an individual that's part of the group ask 119 and in about five to 10 seconds or so I'm ask it and I'm ask S right corner from that portion of the video um You observe the defendant in that portion of the video yes I did and what if anything did You observe her to be doing she retrieves a drink uh from the table and appears to consume it now as far as the drink the tall cylindrical glass that you observed you're walking out of CF McCarthy's width uh what if any what if anything do You observe from the glass that she's taking a sip of from this portion of the video the water it's a shorter fatter style glass compared to the cylindrical tall style that she walked out of CF McCarthy's with than you m Gman you can take that Mr Officer we get out the lights thank you sir Mr L why don't we end for the day it's been a long day everybody ready to go home yeah okay all right so um s need you back tomorrow and I'll ask you to just follow the jurors out when they leave so jurors those same reminders please do not discuss this case with anyone don't do any independent research or investigation into the case if you happen to see hear or read anything about the case please disregard it and let us know see you tomorrow all rise for the court please follow me I will see council at sidebar about scheduling please sidebar please e e e e e e e e e e e e e e e e e e e let's the journe e e e e e