Transcript for:
Testimony Insights from Trooper Proctor 2024

the truth the whole truth nothing morning on jur all right Mr L whenever you're ready thank uh good morning sir good morning sir would you uh please state your name and spell your last name for the jury troop of Michael Proctor PR c t o r and uh how are you employed sir I am currently assigned to the northal County District Attorney's Office in the homicide unit uh within the massachusett state police and how long have Trooper I'm going to ask you to keep your voice up loud okay yes ma'am thank you and Sir if you want that microphone in front of you is adjustable so close or far away you want um now how long have you been a trooper with State Police little over 10 years and it'll be um 5 years in September with the homicide unit now with reference uh to uh your work with the homicide unit with the uh detective unit at the District Attorney's Office what if any uh specialized training did you receive in regard to uh your work uh within that unit I've attended several homicide schools I've also been certifying celebrate software uh programming I've also uh uh in addition to homicide investigations um have worked in the within the narcotics unit uh on several different investigations there as well now with respect back to your work um with the detective unit um as far as you have sort of an on call system we do and can you explain to the jury sort of how that works or or how those uh specific days for your on call Duties are are assigned sure um so a sergeant Sergeant mechanic usually sets the on call rotation it's at random and your on call is from 7: a.m. to 7: a.m. any unattended death homicide suicide overdose things of that nature that comes in during that time frame you own it that's your call now were you working in that capacity with the detective unit uh on January 29th 2022 yes and at some point in the morning did you uh receive a call in regard to a uh situation in the town of C I did and what if anything was that when did you first received that call from Saj banic called me at approximately 6 48 that um that Saturday morning advised that KPD had a uh mail party that was discovered in the snow um outside of a residence and he wasn't sure what had happened he it was originally given to me as a possible medical situation and based on that initial call and that initial information that you received uh what if anything did you do and at that point I knew I needed to gather uh further information so I contacted um detective lank from Canton Police Department to see exactly what would transpired in the morning um he had informed me that a male party had been transported to good Samaran hospital with some injuries detective L didn't have much more information so I knew I needed to contact the paramedic at the hospital the individual was treating Mr O'Keefe before we get to that if I could I'm sorry as far as detective Sergeant lank was concerned was that someone that you called on your own or how did you get his information or why did you call him specifically I knew he was on scene so I called uh detective link so that was some information that you had received uh at some point in earlier and then you contacted excuse me detective Sergeant L correct and following that uh you reached out to whom I'm sorry this uh fire fighter uh Anthony flatti and with reference to uh that conversation what if anything did you learn from that fire fire flatti informed me that I'm going to allow it fight fighter flat informed me that Mr AEF had some injuries to his right arm um some abrasions to his right arm some injuries to his his eyes a cut to the nose area um and he put a a 10% chance of survival for Mr o'keef and then based on that information who did you call next I contacted s mechanic uh advised him that this sounds like it's more than a medical situation and what if any decision did you and Sergeant can come to with regard to what to do or where to go or what what the next step should be so there's a couple different steps uh number one it was lizard conditions and we operate you know Ford Fusions or Chevy Malibu so we got authorization to use our personal vehicles that are four-wheel drives um and to meet at Canton PD and to speak with the responding offices and about what time was it uh the new and Sergeant mechanic arrived at the Kon police deparm it was approximately 10: a.m. that morning and so TR Proctor if I could ask you where whereabouts were you at about 8:22 in the morning home uh had you shoveled out of your driveway at that time not yet um had you cleaned off your car at that time no um so you arrived at the can police station about 10:00 a.m. or so um when was it that you arrived in relation to Sergeant you can9 yeah K py yes uh I don't recall is he if s banic arrived first or myself but it's fic to say sometime you both arrive around 10: a.m. is that correct yes sir and where did you go with the Canon police when you arrived there uh we spoke with the um Sergeant Sean good and what of anything did you learn from Sergeant good Sergeant good um informed us that well he was onen he identified kri Roberts Jennifer mccab Karen Reed um he also informed us that the Jen from MC was out early in the night uh at a u waterfall bar and Canton with some individuals and um the that she was the one who called 911 uh when they found Mr O'Keefe in the snow this uh that morning now with regard to the parties that you just mentioned uh prior to January 29th 2022 uh had you ever met or were you aware of either Jennifer C or Carrie Roberts Karen Reed or John o'i I've never met any of them and at some point subsequent did you have occasion to uh meet and speak with uh Miss Reed yes and uh do you see Miss Reed in the courtroom today I do uh just clarification purposes if you could identify as to where she's seated or an article of clothing that she's wearing uh she's seated between Mr Jackson and Mr Yanti wearing a pinstripe uh sport code just ask to record reflect identification of the defend yes now after you speak with Sergeant Goods did you speak with anybody else at the Canon police station no and where did yourself in Sergeant mecanic go from there we then traveled to the home of Matthew and Jennifer mccab now with reference to what I say you and Sergeant banic at how long a period of time was it that you were with Sergeant banic on that date of January 2th from 10 a.m. approximately we met at Camp Police Department until uh we returned to the camp Police Department that afternoon around 5:30 in the afternoon so all day and we also had a a debrief meeting with just the Troopers in my office at Canton PD um so at least from 10: to 6 7 because we also went back to the office with some uh evidence and so from that entire time from 10: in the morning until later on in the night other than maybe short drives in in individual cars um were you essentially with Sergeant mechanic that entire day yes we used Sergeant mechanics pickup truck um that entire day I left my personal vehicle at the police department and I rode with Sergeant mechanic all day into the evening now from the can police station where did you win Sergeant mechanic off the maves house in Canton and who if anyone to speak with it uh we spoke with Matthew and jennif from M cave as well well as Brian Albert and those interviews that you conducted uh were they uh sort of how were they conducted one-on-one um San and myself uh kind of rotated out Jennifer Matthew and Brian so first we interviewed Jennifer and then once that was completed we had her step out go to a separate room brought in Matthew and then the same thing with Brian and for the balance of the interviews that you conducted you conducted several interviews over the course of your investigation in this case is that correct correct and for U those interviews uh as far as individually done was that primarily what you what you did with each of the people that you interviewed over the course of the investigation yes each interview conducted was um either with either with sag mechanic or another trooper and uh one-on-one with the exception of um Julian chrisel but I believe were in the same room as us now with respect um to um I believe you just answered it but as far as each of the interviews that you conducted over the course of of your investigation was it at any point in time was there an interview that you conducted just by yourself there was just one and uh who was that one that that you conducted by yourself that took place um just at the Grand Jury across the street it was the uh the currents uh I had some difficulty locating them so when they appeared for grand jury I interviewed them oneon-one um by myself prior to their testimony at Grand Jury you had attempted to meet with them prior to them coming to the grand jury is that correct yes and they had not been responsive to that correct however they were responsive to the summons and so you interviewed them before they went into the grand J correct yes okay other than those as far as Mr and Mrs Carin every interview that you conducted was in the presence of at least one other Trooper correct now as far as as you mentioned one name uh that we hadn't discussed before at the mcabe household uh a Brian Albert prior to January 29th 2022 had you ever met or were you aware or did you know Brian Albert I never met Brian Albert until uh that interview now following the interviews that you conducted uh at the mccave household um where did you go from there after the interviews uh at the mccave household Sant banic and I traveled to good Samaran hospital for two reasons one we knew Miss Reed was there receiving treatment for section 12 and two um we wanted to view Mr o'keef and when you arrived at the Good Sam maritan Hospital was the defend of Miss Reed still uh at that facility at that time we'd spoke with the security staff at good Samaran Hospital uh they informed us that Miss Reed was released I'll allow it just as to where you went then miss Reed was released several hours prior to our arrival and do you know about what time it was that you arrived yourself and Sergeant mechanic at the good smaran um maybe approximately 1:00 and you mentioned there was a second reason and that was to view Mr o' correct that's correct and did you have occasion or did you have a chance to you Mr O's body at the Good Samaritan we did and where was that within the hospital that was in the emergency room and when you went um to where Mr O'Keefe was can you describe for the jury what if any observations you made of of Mr O's body at the time that you observed the first thing I noticed on Mr O'Keefe is he had uh abrasions on his right arm on the top of his right arm there approximately 68 ranging from his forearm to his low bicep there was no injuries underneath that for um both eyes were swollen in black and blue he had a cut on um believe it was his right nostril another smaller cut I believe it was on his left eye um those were the injuries that kind of jumped out to me and any point in time did you make any observations of of the back of Mr kei's head while you were there yeah I did observe Blood on the black back of the head um I wasn't able to tell if there's any significant trauma to the back of his head now from the Good Samaritan Hospital yourself and Sergeant banic uh what if any items did you uh secure in evidence from the Good Samaritan Hospital so after we uh viewed Mr O's body we observed a pile of clothes in the corner um that hospital staff had cut off Mr o'keef and kind of piled into the corner the one thing that had jumped out to both of us was one sneaker and it's fairly common in a motor vehicle pedestrian strike that sustained next question I'll strike from Fairly common the observations as far as the clothing that you observed can you describe the clothing that you observe yes uh we reserved one one black sneaker with a Nike logo uh a pair of blue jeans a belt box of shorts an orange T-shirt and a two tone gray um light kind of hooded sweatshirt type of material now trer Proctor over the course of your career responding to um unattended deaths or death investigations uh as a member as a detective of of the unit how many of those have involved um situations where a pedestrian was struck by motor vehicle well I've been in the unit maybe three or four and then I've other experiences on the road and as far as the other experiences on the road can you expound upon those as far as how many or or over what time period we're talking about um about six years I spent on the road so maybe another three or four and with reference to um with reference to those pedestrian crashes uh what if anything had you seen in those prior investigations in regard to uh sneakers or Footwear of of pedestrians involved in in motor vehicle crashes I'm going to see you at Side by see John yes now as reference to your prior experience with pedestrian crashes involving uh motor vehicles um what if any observations have you made on those prior occasions in regards to the Footwear uh with respect to the pedestrians and motor vehicle crashes in those experiences I've observed one if not both um pieces of foot wear remained at the point of impact and so with respect to your observations of the clothing uh there only being one sneaker of Mr O's property uh what if any significance did that have to you as far as the sort of steps you took uh subsequent in your investigation that was just a uh little piece of evidence that s mechanic and I picked up that only one piece of Footwear um revealed the potential of a a vehicle strike now in addition to Sergeant mechanic is is one of your supervisors within the detective unit is that correct yes and there another one a Lieutenant Brian T that's correct now with respect uh to the one sneaker that was found in Mr ''s property um what if anything um with regard to that did you communicate to Lieutenant objection as to how it goes to the investigation yes I'll allow it we s banic and I informed um DT Telly that there was one shoe at the hospital and with respect to uh detective Lieutenant T um are you aware that subsequently in the afternoon uh that there was a search that was conducted in the area of 34 Fairview Road where m o was found yes and are you aware of what if anything was recovered in the area where Mr O'Keefe was found on that dat I'll allow it us to the investigation yes and what what are you aware uh we were informed Sant penic and I were informed that sir team and detective Lieutenant Telly discovered a black Nike sneaker with a white swo logo that was a match to Mr o' Shoe at the hospital now from these items of floing sorry let me just the [Applause] [Music] S Trier in addition to the shoe that you've uh already referenced what if anything else did you observe about uh what what kind of clothing and and the condition of the clothing that you observe the hospital the clothing seemed um was wet it was um pretty well saturated um the right sleeve had some um like cuts to it like tears to it um there's a blood and vomit on it if I recall um those were the observations I had made of the clothing they had been cut due to uh first rendering first aid as well the pants area now subsequent um to viewing these clothing items at the hospital at a later time did you have occasion to observe uh surveillance video from a variety of places on the evening of January 28th into the early morning of January 29th depicting Mr O yes and what have anything did you note with regard to the clothing that you observed hospital and the clothing that you observed in the video so the videos I reviewed at CF McCarthy's Bar and the waterfall bar um with the same clothes Mr O'Keefe was wearing that s mechanic and I had secured at Good Samaritan Hospital [Music] now Trooper I'm going to ask you some questions just in regard [Music] to just in regard to securing these items specifically is evidence but in general terms as far as securing items and evidence within your unit um how is that accomplished how is that done what what do you do with uh items that you deem of evidentiary value that you then secure uh generally if uh we take an item for evidence um we'll put it in uh a brown paper bag document it uh time date who secur that item address where is discovered um and then we'll bring that back to our our office to the evidence processing area from there it'll go to a permanent evidence um room that is uh has triple retention it has an actual key a key card and an actual access code and only three members of my office have uh access to that room the two evidence offices and uh detective Lieutenant Tully and at this time in January 29th 2022 who was assigned as the evidence officers who had access to that room so that'd be Trooper David AO and Trooper Jeffrey kakowski uh did either yourself or Sergeant buin have any access to that evidence stage no now with reference to these items that were seized and say items that were seized subsequent during the course of your investigation did they go through that same sort of evidentiary storage process that you were speaking about before yes now with reference to um in addition to the clothing items at some point did you uh come into possession and seize uh Mr O's phone yes and do you recall where it was that you uh received or retrieved Mr oi's phone from we received it at the campon police department and was that prior to you going to the Good Samaritan after I believe after um so following the Good Samaritan uh where did you go from there so after the the Good Samaritan Hospital Sanic and I traveled to uh 345 Country Hill Drive in uh in dayon and why did you go to that location that was the residence of uh Miss Reed's parents home and uh having a brief conversation with M Reed on the phone she informed us she was at her her parents house um so you had called Miss Reed spoken to her and informed her that you were coming there to to speak with correct correct and just as you had done with Miss uh mccab Mr mccab uh you spoke to miss Reed within her home yes and who if anyone else did you reach out to on your way there with regard to local law enforcement as you were driving to uh to d uh we contacted the dayon police department just for a couple of reasons one it's a common courtesy if we're in another um town we just kind of give the local PDA heads up but also we needed to coordinate uh a plow truck and potentially a tow truck as well and why did you need to coordinate those at the time there must have been at least a foot of snow on the ground more um and it was a dead end called the sack so um which was made it difficult to navigate so we requested the uh plow to clear a path for Sanic and I to get down the roadway as well as clear the driveway of the residence um so the tow truck could pull into the driveway now as far as the drive from Goods Maran that's in Brockton is that correct yes uh as far as the drive from the goods Mar in Brockton to uh the defendant parents home in dayon um about how long a drive was at and how would you describe the the weather conditions along the way yeah the weather conditions were wi out um high winds lizard conditions we had to travel very slow is almost about an hour to get there and when you arrived there um you're in Sergeant mechanics uh truck is that correct correct and where did uh Sergeant mechanic position the truck in relation to the house at at 345 Country Hill um from what I recall Ser mechanic went down the culdesac and turned around and he actually had to let me out first because of the high snow Banks and then he pared kind of along the snow pointing essentially to uh Mr Reed's house and at some point uh did members of the Dion police come along and join yes and do you recall who those people were um I believe one of the offices last name was baros sarios and had you ever met that officer before no now with respect to the home had you and Sergeant uh mechanic approach the home at any point prior to the D police showing up I can't recall if no they had arrived first before we approached the home and when you approached the home you went how did you how did what did what did you Traverse how did you get uh from the street in the home we walked down the driveway um and then we observed Miss Reed's Alexis parked in the driveway the front of it facing one of the garage doors uh that's where we observed the broken tail light the on the right side of the vehicle we then proceeded to the front door um the snow is about up to our waist and knocked on the door and uh was greeted by uh Mr Reed so as you're walking uh up the driveway towards the home uh you see Miss Reed's vehicle is that correct yes and that's a vehicle that you uh later subsequently found uh to be uh registered to miss Karen Reed is that correct correct may approach yes so I'm showing you uh documents four pages in length just ask you to review that finish and do you uh recognize that document sir yes what do you recognize it to be the registry motor vehicles um it's the certified document for Miss Reed's Lexus is that uh the plate information that's contained in there is that the same plate that was fixed to miss Reed's vehicle on that day yes and that also details sort of the the history or how long she's had possession of that vehicle is that fair to say correct um going back to I believe 2021 is that correct yes I approach honor yes seek to introduce and Adit as a next exhibit no objection now with respect uh to miss Reed at some point you go into the house is that correct yes and uh how do you enter into uh into the defendant's parents uh so Sergeant mechanic and I after we had knocked on the front door um Mr re directed us around the corner opened up the garage du off for us and invited us in now if I can take you back to I'm sorry just as far as when when you're coming up the driveway and you're passing by the defendant's vehicle you mentioned some uh damage that you observed to the right rear uh passenger side area is that correct yes can you describe uh to the jury what it was specifically that you observed as far as damage uh to that area of the vehicle yeah the right rare tail light had ument large pieces missing from it so you proceed inside the home and and where where is it that you're directed and uh where is it we're invited in into a a large living room area uh Miss Reed is seating on a couch um and our parents William and Janet are present for the conversation and kind of standing off to the side and that conversation goes on for approximately how long approximately half hour 40 minutes and when you terminate that conversation you come back outside of the home is that correct yes and where is the vehicle at this point that is being put on the uh tow truck now in addition to uh the defendant's vehicle what if anything else uh was was uh taken and seized as evidence from the defendant on that on that morning um after confirming the phone Miss Reed was holding was in fact hers uh we told her we're seizing the phone and we'd be writing a search warrant uh for that now during the course of the conversation that uh you and Sergeant mechanic had with the defendant uh that afternoon at her parents s and D um were there some questions in relation to uh contact information for other people that were at bars or different establishments the night before yes we asked um Miss Reed specifically for some of the friends that Mr O'Keefe was with at CF maoy one person in particular um was Michael camarano so we observe Miss Reed and to the pass code on our phone retriev Mr karan's phone number for our provided to us and that just further confirmed that was her her cell phone now through your training experience when a cell phone is is seized from a person what if anything is it that you do with regard to that cell phone uh to preserve the information on well first thing we do is we put it in Airplane mode um and then we give it to a cell phone expert in our office uh troop of Nicolas Gino and he essentially um tries to access the data in that phone once a search warrant is obtained now as far as putting that cell phone in in what you described it's airplane mode what what is the purpose of that it's to avoid if someone wants to um H go on a tablet or a laptop and access the information on their phone and they can start deleting stuff off uh their iCloud this prevents that um so you secure the phone you secure uh the vehicle on the tow truck and then where did you Sergeant mechanic go from there we follow the tow truck um from the address and Dion to the camp Police Department were secured in the sallyport bay and if you know approximately what time was it that you arrived at the Canon police department and secured the defendant's vehicle on the Sally p y so we left dayon around 4:16 p.m. and arrived and can at the police department approximately 5:31 p.m. and with reference to the Canton Police Department's uh sallyport garage why was the vehicle taken there um I don't have I wasn't part of that decision but as my understanding that it was a heated facility the other options were um I believe the barracks at um in Milton but that's not large enough to house a vehicle that size and it's not heated and in regard to the heated what what was the sort of purpose or utility of of storing it in a a heated set Miss Reed's vehicle was covered with snow and ice at the time it was transported from dayon to Canton and with regard to the salort garage area of can police department at some point were you inside that area yes and what if any observations did you make as far as the temperature or the heating within that that facility um I don't remember the exact like a I couldn't put like a ballpark on temperature but it was certainly warmer than outside now as far as um the vehicle was concerned um either on scene uh either in Dion uh or at the salort garage or at any point in time that you were um in the presence of that vehicle what if any contact did you have what if what if anything uh did you did you do or observe s you mechanic to do with regard to that damaged area you described on the the right rear passenger side yeah s mechanic and I never touched any part of that vehicle and as far as the moving it from sort of the tow truck into the sallyport area how was that accomplished the tow truck driver um removed it from the tow truck and pulled it into the sallyport bay now as far as prior to um leaving that sallyport area of the garage where the vehicle was um what if anything did you and Sergeant mechanic do uh with reference to securing that vehicle or or coordinating it off in any way shap uh we try to set up a perimeter as best we could using caution tape uh just kind of sectioned it off with uh caution tape now at some point um you leave the sallyport area the Canon police station and where did you go from there we had a uh a debrief meeting so there's other Troopers uh there's troopers at scene on 34 Fairview Road there's other Troopers um conducting interviews so at the end of the night um members of my office met in a a conference room at the camp Police Department to exchange information as far as what uh everyone had learned throughout the day and as far as that meeting is concerned that's just troopers from from your unit from your office is that correct that's correct and uh so there were no members of the Canon police dep Department that were present for that is that correct no correct and do you know why that was they had taking a step back from the investigation they weren't going to participate in any interviews or anything of that nature and how was that communicated to you and Sergeant cancer uh best of my recollection was that debrief meeting that we informed that essentially can't P be taking a step back from the investigation and that now this is just solely a Northfork uh uh state police investigation so before we get to sort of the debriefing and all that's covered in that um as far as when you're on call you get a call for any kind of sort of homicide or undetected unattended death or anything like that um you then become what's called a case officer for that investigation is that correct correct and can you describe uh for the jury sort of what the duty or the role is of the case officer Vis AES uh the the rest of the members of the UN un um so essentially casee officer is more of a facilitator uh you kind of delegate our task coordinate interviews uh the case officer isn't the sole decision maker uh I have supervisors I have um that we bounce ideas off of I get feedback from I I also keep them updated it's a collaborative effort in each investigation we're a small office so when a homicide comes in everyone essentially drops what they're doing and we all work on it together so it's a it's a collective effort um to work on these cases and essentially case officer is just kind of The Record Keeper of all the reports that come in and video that comes in um but when it comes down to decision making time it's a group effort now with reference to that collaborative effort that you were just discussing in this sort of debriefing meeting so there were other Troopers doing other things or other tasks throughout the course of the day of the 29th correct yes and so what was sort of the purpose of of or not specifically what was discussed but in general terms what was discussed during the course of this debriefing um the tailight piece is found at 34 favor Road by start the one sneaker found at 34 favor Road interviews conducted um and then mechanic and I also shared um everything we had um kind of learn throughout the day as well and that debriefing meeting if you know about how long approximately did that take in this case the briefing meeting if you know about how long approximately did that take in this case I can't recall maybe half hour hour and so following that meeting um where did you go from there Sanic and I had secured some evidence the clothing from Goods saman Hospital the uh additional sneaker found at 34 ft of your road as well as the tail light pieces discovered at 34 F of your road and Mr o'i cell phone and Miss Reed cell phone and him and I transported those to the the office in Canton and when you transported them to the office in Canton what if anything to you do with those items the two cell phones were given to Trooper Nicholas Gino and the clothing was uh laid out on top of butcher paper to dry out in our evidence intake area and then the um bag tail light pieces were set aside in the evidence intake processing area uh s mechanic and I didn't have access to the um permanent evidence Locker area so um we just secured them in the temporary intake area and that leads me my to my next question as far as the area that you're talking about with regard to the clothing items and the other items that you secure beyond the cell phones um that was in a secure area of your office is that correct correct and by secure I mean restricted access to uh the Troopers within your unit correct correct it's um you need a key card and it's also equipped with a an alarm now following that um as far as these items of evidence and other items of evidence that are seized throughout the course of an investigation um how is it that they go or what if anything is done if you know between the time that they go from this temporary storage area to the per permanent storage area yeah I'm not an Evidence Officer I never have been my understanding is once it's in the um evidence processing area gets put into the permanent evidence room that um only like I said three three two Troopers in the detective Lieutenant have access to and it's um the evidence office's responsibility to process that um material when they see fit now sir if I could turn your attention to uh February 1st of 2022 were you working in regard to uh this investigation on that date as well yes and at some point did you have occasion to uh go back to the can police department specifically in the sallyport garage area I did and what was the purpose of you going out to the sallyport garage on that uh pursuant to research warrant we were processing Miss Reed's Lexus um SUV and when you say we uh who if anyone else was was present with you or who if anyone else did you contact in reference to the the processing pursuant to that search warning to defendant vle so we had a chemist from the State Police lab Miss Moren hartnet as well as a trooper from crime scene Services uh Trooper Zachary clar and then um later in the day the Recon team uh Tri Joe Paul had arrived as well now if I could just ask you a couple questions in regard to uh crime scene Services section um can you describe for the jury sort of what their role is in regard to investigations that you do and and how their sort of cont so on any scene if um we if it's required for it to be documented crime scene services will arrive they'll document the scene with photographs um in more serious situations in a homicide for instance they'll actually take video uh as well as dust fingerprints now with respect uh to this particular investigation there were a number of different um areas or different times when crime scene Services was contacted to document things correct yes and that would include uh a Good Samaritan when you observed injuries to Mr o'keef correct that would include the autopsy that was performed in Mr o'keef yes yes that would include February 1st in the sallyport garage when the search warn is executed on the defendant's vehicle correct that would include subsequent searches that occurred at Fairview Road is that correct yes and uh with respect to each of those instances uh if you know was it ever the same trooper from crime team Services section that came out and memorialized each of those respective areas yeah was it different Trooper each time and is that something that you or any member of your unit has any control over whatsoever as far as who shows up from crime scene services to memorialize or document a scene no now with respect uh to the search warant execution on February 1st what I want to ask is is between the time that you were in the garage uh on January 29th 2022 and the time that you're there for the search warn execution on February 1st had You' been in that sallyport area of the Ken police station at any time in between no now with respect to uh the uh tail light area on the passenger side of of the defendant's vehicle um what if any differences or or what if any what if anything things you note uh sort of between your observations of the tail light on the 29th versus your observations on February 1st yeah the only difference from um the 29th to the 1st was snow and ice had melted from uh the tail light uh so as far as the condition of that particular tail light was it in essentially the the same condition that you observed it on the 29th when you observed it on the 1 yes it was still broken and large pieces missing from it um but as far as the broken uh status of it and the pieces that were missing were there any was it any more broken or any more pieces missing from it when you saw it on the first versus when you saw it on the 29th no and with respect um to the tail light housing uh for that vehicle on that particular day um what if anything happened with did on that day if you know um the state police chemist Miss Harden it had it uh removed which she brought to the the lab herself so she had it removed removed it herself and then physically took it with her when she left to the lab yeah I was with the assistance of a uh can police officer who was at an auto body shop so he's kind of well versed in v in cars so he was able to assist the chemist with removing the housing unit now at any point in time on that day of February 1st 2022 did you come into contact physically or otherwise with that tail light did you handle it in any way shape or form no um your honor if I may um with the course permission I would uh request um to publish um forgive me one moment joh uh with the course commission if I could publish a portion of exhibit 34 okay Sally video Miss Gilman if I could have from uh February 1st of 2022 at approximately um approxim 9:12 a.m. you just pause it right there uh it may be easier and more visible with this particular video with the lights on okay try that sure um triple Proctor directing your attention to what's up on the screen is exip 34 do you recognize what's depicted on the screen yes that's the uh Sally putting area K Police Department in uh Miss Reed's Lex Lexus uh kind of roped off with yellow caution tape and uh this is the execution search warrant that you were speaking about before as far as your presence and some of the other uh members of the State Police and the State Police lab that you were talking correct and Miss if you could run for just few minutes so while this is going if if I could just ask a couple questions as far as people within this video do you recognize anyone in this video yeah uh myself kind of the top of the screen um Tri to Zack clock we the one with the camera taking photographs of the vehicle now with reference to this video from the Sal Bo garage of K Police Department uh what if anything did you learn over the course of of this in regard to how that video is is reported or how it's um what anything sort of activates that video objection ask it differently Mr as far as uh this video is concerned is this one continuous uh time frame that we're looking at it or how is it your skin isn't the same as everyone else's that's why agency designed future formula a person yeah how does he know that with respect to this video uh as far as the recording is set up how is that how was that activated or how does it record objection same question yeah how does he know that it sustained have you watched uh this video or other videos from the can police department sallyport corrupt yes what if anything did you note with regard to timing as far there is time stamp on the on the video is that correct yes and what if anything to do note with regard to the time stamp on this video or the other videos that you with regards to uh how time moves real the time stamp on the video tends to pause um indicating it's motion activated tends to I'll strike AC here's coming you can take that time thank you very much now TR with regard uh to that tail light that was uh then Tak taken by Miss haret to the lab is that correct yes and um at some point that was returned to the custody of the State Police your your detective unit correct and uh do you have uh that tail light housing with you today in court I do and uh you're honor with the course permission uh if the trooper could retrieve that okay be easier that way s you can stay right there and item sir do you recognize that yes and what do you recognize that uh that's the H I recognize that to be the housing unit and as far as your recognizing of the housing unit is there any sort of um denotation or anything on the outside of that box uh indicating what's contained therein there's a state police crime lab sticker with a number associated with it uh it also indicates fragile and evidence tape that is uh initialed and dated as well when it's sealed up and it's the sticker also says passenger side ta indicate tail light sir uh your honored um with court permission I would ask uh I would seek to admit and introduce that as the next exhibit to want it out of the box first Mr Jackson we could just take a quick look at sure sure with the Court's permission if [Applause] [Applause] [Music] thank you sir and Trooper you can uh go ahead and put that back in the box thank you very [Music] much TR with respect to that item that's just been marked as evidence is that uh essentially the condition that you observed it in both on January 29th and February 1st yes yes your honor with the course permission if I could ask uh just to publish what's been marked as exhibit 147 okay troop of Proctor do you recognize what's up on the screen that's been marked as exhibit 147 yes what do you recognize that to be that is the right tail light of Miss Reed's uh Lexus SUV and you can see large pieces of of it are missing and again is that of the same condition that you observed it both on February 1st uh as well as January 29th obviously minus the the snow and ice yeah minus the uh snow and ice sir yes thank you sir just anyone you can take that down Mr Officer you can uh have the lights back up thank you now if I could turn your attention to February 3rd of 20 22 um in the morning hours of that date where uh where did you go in regard to uh to this investigation SJ kenck uh Trooper David AO and myself went to 34 Fairview Road along with uh Trooper Evan Brandt from crime scene services to essentially dig out the snow in uh Pursuit for more evidence now as far as you mentioned as far as dig out the snow in pursuit of of other evidence um what if any tools or implements uh did you and the other Troopers bring with you in in order to effectuate that on February 3rd we just had um kind of standard snow shovels and with respect to that as far as going back to 34 Fairview roads um and let me clarify as far as that's concerned um prior to that date of February 3rd uh 2022 had you been to 34 Fairview Road at any point in time in the course of your investigation no um so that morning of February 3rd that's the first time that you went correct now with respect uh to um is that how many times uh did you go to the area of 34 Fairview Road over the course of of the next sever days and weeks uh in regard to uh potential recovery of items um so February 3rd I retrieved items on the 88th the 11th and 18th and was out there on the 10th with sag mechanic as well now as far as any of those occasions that you just described that you went to the area of 34 Fairview Road on any of those occasions were you by yourself no and with respect to those other occasions uh what type of people who was with you I know you've mentioned on the third but beyond the third um those other occasions that you described who was with you um on the 18th I believe it was um triet Chico based on the handwriting on the evidence bag uh kind of recognized his handwriting in the other two dates I don't recall who's out there with me now with respect to items that uh were located uh starting with the uh the third do you recall specifically what if any items were were located on the third we located a uh a black drinking straw uh consistent with the one um scene in the waterfall video of Mr Keef walking out of the B hole in the glass we located his uh his hat that had the American flag um that was deep underneath the snow we as we were digging we discovered that uh we further discovered other uh pieces of plastic as well now as far as these return trips on successive dates uh to 34 Fairview Road um what was the reasoning behind that or what was sort of the the the plan in reference to why were there so so many different dates that you returned to 34th barir road with other Troopers so after the 29th there was close to what 2 ft of snow that had fallen and in the days and weeks that had followed uh the temperatures ranged from 30° up to 60° and there was about a half a dozen days mixed in of you know heavy rain so as the snow started to melt more evidence started present itself so there were items that you recovered on the third and then items you recovered on successive dates that weren't visible or you didn't see on the third correct correct now if I could uh keeping you on February 3rd you mentioned that there was a trooper Evan Brent uh that was present with you uh during the search on that day as well yes now in addition to going to 34 Fairview Road where else uh did yourself and and TR BR go on that particular day we travel to uh one medals AV Mr ke residence and uh is that the first time that you had been to one Meadows a Mr O's residence yes now with respect uh to that residence why is it that you and Trooper Brent uh went there on February 3rd we wanted to document uh Mr O'Keefe's vehicle uh to show that there's no damage to it as well as the garage doors and why did you want to document that uh during the review of Mr oi's Ring video particularly the one um above the garage that displays the driveway um on the 29th at approximately :07 a.m. Miss Reed's pulling her her vehicle out of the garage door backing up towards Mr O'Keefe's vehicle and comes extremely close if not slightly hitting the vehicle so we wanted to at least go document that there was no damage to Mr O'Keefe's car and your honor with the course permission if I could uh publish that for the jury as far as what's been marked as exhibit 6 uh video 153 okay TR Proctor with regard to this uh ring video how was this uh obtained if you know so we first observed that through Mr key cell phone on the Ring app and then I wrote a search warrant um for ring itself and as far as the videos that you received from ring did they match of what was on the or what was viewable being the Ring app on Mr so the video on Mr aef's app yes they was what rink produced um matched so as far as any videos that were present uh that you receive pursuant to the search warrant or any videos that were not present that was consistent with what you observed on Mr O'Keefe's app on his phone yes now uh Miss Gilman if you could press play through here [Music] now TR Pro with regard to uh this video you've seen this before is that correct yes now at the point uh from this video are you able to uh discern who the operator of that vehicle is B off the attire uh Miss red driving now with respect uh to when that vehicle the defend vehicle um if you could there there's a laser pointer up there um in front of you on the desk uh if you could I would just ask you to draw the very's attention to uh what if any Vehicles You observe in this video video and whose Vehicles you believe that um so right there it's Mr O vehicle and Miss Reed's vehicle now as far as when those Vehicles come closer come into contact with each other um as far as Mi ke vehicle is concerned um what if anything do You observe like on Mr O's vehicle uh at the top there's some snow you can see on the back window here the bumper and the windows here starting to be uh covered in snow and as far as when that vehicle comes close to or makes contact with Mr ''s vehicle what if anything Do You observe the snow to come off of the car at that point I do not know now with reference to the back area of Mr O's vehicle specifically in the area of the ground uh as far as that area on the ground what if anything did You observe in reference to any red pieces or any pieces of tail light or plastic or glass or anything in that area that you observed on this video so this area here um is you can see the white snow there's no uh red pieces of tail tail light which would show up in the contrast to the white snow now as far as the damage area that you were discussing uh previous that you observed in the uh January 29th in the sally port February 1st in the sally port and then the item that was just marked as evidence um what if anything You observe in the right rear passenger side tail light area of the defendant vehicle from this video you can see the inconsist lighting if you compare it to the left versus the right there's a a gap right there and what You observe from that video does that appear to be consistent with what you observed on January 29th at at the Ken Police Department February 1st and in the uh e item of evidence there was just Mark yes thank M Gman you can take that down Mr Officer we can have the lights back on thank you now sir you proceeded to uh one meow AV for the first time on February 3rd is that correct correct and uh Trooper Brent from Prime was with you and took some photographs is that correct yes may approach yes you those look up when you're finished but just generally speaking do you recognize what's depicted in those photographs yes and what do you recognize them uh the front is the first picture is the front door of mr's house and it's also uh mrke Chevy Traverse May appr yes SE to introduce and Adit as an next 10 exhibit no objection I have permission to publish just a few of those photos for the jury okay M skilman if I could have photograph 7752 TR Proctor do you recognize what's up on the screen it's now been marked as exhibit 546 yes Mr aef's uh Chevy Traverse vehicle and with respect to U this particular foreground here if you can describe to the jury what we looking at there uh so that is Mr aef's driveway uh you see two garage doors there that lead into the house and above those garage doors is the ring camera now with respect to the rear and mro ke vehicle uh from your um viewing of the video from exhibit from The Ring video of video number3 um if you could using that laser pointer direct the jury's attention to uh where it is on this vehicle that uh there contact any between this read vehicle and the keys it would have been in this general area here as far as your observations on that date uh what's the hold on hold on may approach okay from your viewing of the video from exhibit 6 from The Ring video of video number3 um if you could using that laser poter direct the jury's attention to where it is on this vehicle that contact any between this read vehicle and it would have been in this general area here as far as your observation on that dat uh hold on hold on appro okay but when you were in the driveway of Mr O's residence on February 3rd 2022 um you had occasion to make observations to Mr vehicle is that correct correct and what if any damage did You observe to the driver's side rear area I didn't observe any significant damage or any damage as far as the entirety of the vehicle uh that was all photographed on that day by TR is that correct yes and memorialized those photographs that just presented to you is that correct correct as far as your observations on that day or in those photographs what if any damage You observe I did not observe any damage yes so there's another eight photographs that I placed before you have you had a chance to review those yes sir and do you recognize what's depicted in those eight photographs yes and what do you recognize those to be uh more photographs of mr's vehicle as well as the garage dos may approach yes next exhibit no objection photograph 7779 and troper do you recognize what's depicted on the screen now 559 yes if you could describe to the jury what we're looking at in 559 see rear bumper area of Mr O vehicle that's driver side of the passenger side the driver side and what if any damage you reserve that area of the vehicle on February 3rd you no damage now with respects uh M human if I could have photograph 7780 that's one and sir you recognize what's up on the screen and what's now been marked as exhib 560 yes those are the two garage doors of Mr O's house and what's contained up on that screen is that a fair accurate betrayal of what you observed in Mr O's garage doors on February 3rd yes and with respect to those garage doors what if any damage did you note or observe on those garage doors at any point when you were there I did not observe any damage to the garage doors Miss Gan you can take that down now chup Proctor subsequent dates uh following February 3rd uh specifically February uh 8th 11th uh and 18th did you have occasion to return the 34 Fairview Road on those days I did and uh you had mentioned a little bit about sort of changes in the weather what if anything sort evolved as far as the weather was concerned between the dates of February 3rd when you were there and February 8th 11th and 18th yeah as a mentioned the weather pattern had kind of fluctuated from you know 30° up to 60° with a handful of days of uh heavy rain mixed in so that caused a lot of snow to melt as well and with respect uh to each of those respective days of February 8th 11th and 18th what if anything did you uh observe or recover uh you and the other Troopers that were present on those days yeah was further uh evidence that was originally buried under the snow um because of the warm temperature and the rain and the snow melting kind of revealed itself uh more pieces of uh plastic clearing red now with respect to the Residence at 34 Fairview Road each of these times that you were at the residence including February 3rd where in relation to the house were these items observed and recovered uh by you and when the other troopers on those resped days so if you're looking at 34 fear view looking at the front of the house it's to the left side of the property between like the flag pole and kind of the fire hydrant in that general area the front and left of the uh the property now with regard to these three subsequent dates as far as February 8th 11th and 18th um these items that were observed and recovered on those dates uh where were they in relation uh to uh the road way where were they in relation to uh the Hydra and the flag pole uh other sort of markers in the I don't generally I don't specifically remember exactly if they were around the flag pole because the C team had came and shoveled uh any area around so um that stuff had melted first because it was a lot less snow and then they created more piles but as far as um the general area was by the flag pole and fire hydrant it wasn't like on the other side of the property it was in that general area and just with respect to those items were they generally found or were they specifically found either on the grass or the roadway area Aster grass is basically what I meant I'm sorry uh grass area and with regard to uh each of those items that were recovered on those three successive dates as far as February 8th 11th and 18 uh did you bring those items with you to court today as well I did yeah approach yes you recognize that bag sir I do what do you recognize that to be uh it's an Evidence bag containing three smaller uh evidence bags and uh with the course permission if you could hold on a second thank you my go ahead with course commission may the witness remove the three smaller B from the larger back yes if I could just uh in succession if I could ask you to please open the bag with respect to February uh 8th first and before you do that that I'm I apologize again um with respect to that bag what if any indication is there as to the contents there uh says tail light one large piece of plastic color red one small piece of red plastic and one piece of black plastic located 34 f Road front lawn left side thank you sir if you could please remove those for [Music] [Applause] [Music] sir you can Place those back in the back okay 563 sir if I could ask you just to uh retrieve the bag that's uh marked uh retri retrieve the bag of items that were uh seized uh on February 11 and if you could read to the jury what the description is in regards to that evidence back so it's two on the 11th this one is uh described as glass fragments you can't tell how many pieces it's been uh taped over the second bag from the 11th says three pieces of CLA plastic five pieces of red plastic and with the course commission may their witness remove those items from back right for smaller bag in here contain in the glass cut that open as well um I think that's sufficient all right so will are you moving to introduce it yes rep any objection we can go ahead and one object but I don't know go ahead and open it this WR [Music] all right these items appear to be just further on sealed up and wrapped up and uh do you want them to open everyone Mr Jackson yeah approach yes can't see that [Applause] [Music] far all right so go I don't need [Music] a no [Music] objection how many pieces are one seven [Music] the smaller bag will be 564 thank you the BR bag will be 564 and thank you containing seven pie [Music] Tri if you could the other bag from the 11th if you could open that up and remove those items is [Music] you sir if you could put those back in back you're on introducing the M as the next exhibit 565 lastly Sir with regard to the uh fact from February 18th D read to the jury was uh indicated as far as the contents there in uh several pieces of red and clear plastic with the court commission made the witness the items [Applause] [Applause] [Music] thank you sir if you could turn those items you're on the call exibit no it's a bit 5 66 there's the original [Applause] bag now trooper with regard to each of those items from February uh 8th 10th and 11th excuse me um forgive me 8th 11th and 18th um those are all items that you recovered from the front lawn area of 34 Fairview Road is that correct correct and what was just displayed to the jury is that uh essentially the condition that they were in when you recovered them on that on those respective dates yes now if I could turn your attention uh just briefly regarding the uh search warrants um in regard to the ring video from Mr o' ke's house um was that one search warrant or more than one search warrant that you did in respect to the to the ring video there is a second search warrant for the Ring videos for Mr O's house and uh if you recall what was the General time frame uh that was asked for in that warrant as far as from what date to what date the second one uh I believe was January 30th to the the 3rd or the 4th I believe it was the first one essentially from the 24th to the 29th yes now with respect to the video that you received in regard to the first uh search warrant uh to ring um what kind of information uh did you receive from ring as far as um what what Beyond sort of the video itself what if any other information did you receive as far as accounts or activity or anything like that uh it was just confirming that the user account was under uh Mr aef's email and then there was a um an Excel file where you kind of have to transcribe uh so the each video has about a 17 digigit number associated with a unique identifier you take that 17-digit number and you got to convert it using these Excel files to get the date and time now with respect um to what you received pursuing to the search war from ring was there any kind of um activity log and what I mean by that uh what if any information did you receive as far as um what sort of devices or how many different devices were able to to access that that footage yeah I wasn't able to obtain a activity log of who was using the uh the device what device was accessing the the system um you know something you know someone logged in I had no was not provided with any record of who was logging in on what day or time now are you familiar with the term just as far as uh videos are concerned or electronic devices um what's referred to as a digital footprint yes now with respect to some of these uh or the Ring videos in totality that you received and that you also viewed uh pursuing to the app on Mr ''s phone uh where there are certain time periods uh where you would have expected to see video in which there was no yes and can you describe for the jury sort of when those time periods were um so the ring camera above Mr ke's garage pretty sensitive so it does not have Miss Reed uh arriving back at mr' Keef's house um uh around 12:30 4 a.m. is approximately is when she should have arrived the only video there's a gap from approximately 11:45 p.m. on the 28th to about 5:07 a.m. on the 29th When Miss Reed's backing out and never has her pulling into the garage and there's also a second video of um Miss Roberts Miss McCabe and miss looking at the um broken tail light in the morning what if any followup or inquiry did you make of of ring in regard to uh those missing videos I um I've inquired several different times as far is if uh a video is deleted is there some type of a record that was his inquiry but next question I'll allow that now as far as that term that you used before as far as a digital can you explain to the jury what you understand that term to mean essentially digital footprint is if you know a video is created it's going to leave um some type of a record um in the archives and what if any information did you receive from ring as far as their vide uh system is concerned uh in in regard to a a digital footprint objection not what anybody told you but what you Rec that if a video was just deleted OB the objection sustain to strike we're going to strike that upon your further inquiry of ring were you ever able to obtain any video from those specific sections uh where you anticipated video would be no now sirry if I could turn your attention to uh January 16 2024 do you recall that date I do not sir at some point over the course of your investigation where you made aware of um forensic evidence in relation to the tailight housing that was introduced uh earlier as yes and with respect to that at some point Point uh did you uh have occasion to meet with a sergeant Brian gallani of the Needum Police Department yes and where was that in the uh DA's office and who if anyone else uh um involved in this investigation as far as yourself was was Sergeant uh mecanic with you there as well yes and what if anything did Sergeant garani do with respect to yourself and and Sergeant mechanic on that date in January of 2024 Sergeant mechanic and I voluntarily provided our DNA for comparison testing and uh again taking back to my next point that was uh a voluntary decision that both you and Sergeant mechanic uh made as far as uh availing yourself or availing uh of that particular test correct and as far as the testing or the uh you know how that was or can you describe for the jury sort of how that sample was collected or how it was conducted essentially it's just the swab of the under the tongue um with like a Bic see just like a little pad on a stick and uh you get swabbed and uh that's how the DNA or SL is collected and as far as those samples that were collected from both your and and Sergeant mechanic on the that particular day um where did they go from there as far as you know as my understanding went to the bod lab in Virginia um and I'm sorry but I should have asked just prior to that as far as um when they left from the room that you were in with Sergeant garani did you take those swabs or did Sergeant gani take those swabs or where they go Sergeant garani took possession of those items thank you now sir with reference um over the course of your investigation you interviewed a number of different Witnesses correct yes and from the witnesses uh that you um were there witness interviews that were conducted um outside of your presence and in the sense that you weren't you weren't there for those particular witness interviews yes and uh each of the interviews that you're aware of uh whether they were conducted by you or outside of your presence uh were done uh with the exception of the C uh done with more than one Trooper present correct correct now now with respect uh to those W witness interviews that you were present for um from the witnesses that you spoke with um along with other Troopers that were present with you uh who if any of those Witnesses uh had you had you met or were you uh did you know prior to uh to the interview that you conducted um yes so all the the witnesses that I had interviewed the only individuals that I know or met prior to this investigation was uh Julie Chris Albert and Colin Albert and how is it that you knew uh Julie Albert Christopher Albert and col so my sister courney her friend growing up Julian Julian's sister's Julie my sister got to know Julie Albert Julie Daniels has made a name through a friend Jillian Julie married Chris Albert so my sister got to know Chris through Jillian and Julie and then years down the road my sister had Julie babysit my nephew she would Julie would come from time to time and pick up my nephew from school so that's how they kind of became friendly and on occasion um they would be over my sister's house or at my parents backyard and Julie and Chris and their kid Colin um and I would happen to be there um y let me ask it this way as far as um where did you grow up Canton and did you graduate from Canton High School yes and as far as any of the witnesses that you interviewed even the Alberts that you were just talking about Christopher Julian and Colin Albert were they around the same ages as you or went to high school with you at the same time no um how much older than you would uh Julie and Chris Albert at least 10 years and as far as calling Albert how much what the age difference between yourself and him at least 20 I'm fair to say around this time of January 2022 do you know how old Colin was or what what what level of school he was at at that point High senior in high school I believe is that something that you learned through this investigation or something that you knew independently something I learned through this investigation now obviously you grew up in Canton and uh your sister did as well yes and your sister's name is uh Courtney is that correct correct and what is the age difference between yourself and your sister Courtney she's 2 years older than me and uh how close are are you and your sister uh she's probably one of my best friends we talk about five six times a day about anything and everything as far as like mostly our children and uh she has how many children does your sister you got two and um about how old are they uh 10 and S and uh you have children as well I do and how old are they 2 and four now with respect to the conversation that you have with your sister about five or six times a day how do you have those conversations is it is it the voice call or in person or text or if you know everything uh FaceTime phone calls text messages we're always kind of keeping each other up to date on mainly our kids [Applause] now as far as um Julie and Christopher Alberts uh when did you interview them in relation to uh this incident sometime in February I'd have to um look at my report for the exact date sometime in say early to mid-February yes um and with respect uh to them who if anyone else was present with you when you interviewed the SAG panic and do you recall where you interviewed where the interview took place yes was that their home now prior to this date that you went over to interview Christopher and Julie Alber had you ever been over to that house before no had you ever been over to any home uh where Christopher and Julie Albert have resided then or previously prior to that day no had Christopher or Julie Albert to your knowledge ever been over to your house no now now with respect um to Christopher and Julie Albert and Colin Albert will throw him in there as well how would you sort of describe uh your relationship with them prior to January 29th 2022 i' classify it as acquaintances all right Mr L why don't we take our lunch and break [Music] so jurus before we begin Mr L as you approach the podium there um when I tell you that I strike something from the record I know I've told you before that means you're not to consider it okay go ahead Mr L thank you good afternoon sir good afternoon sir so with reference to um believe before we broke we were talking a bit about um Julie Albert and Christopher Albert correct yes and how would you describe um your relationship if any between uh Julie Albert and Christopher Albert prior to January 29 2022 um loose acquaintances um people that you knew through your syst is that correct correct now with reference to the occasions that you had said where you may have been at the same place at the same time in a family function or something like that over what period of time are we talking about and about how many different instances uh of that occurred over those years had mentioned they had never been over my house so was either at my sister's home or at my parents house over the course of maybe 10 years um I might have been at the same function half a dozen times and at those times that you were at the same function a half a dozen times or so um how much interaction would you have with either Christopher Albert or Julie Albert or even Colin Albert at those functions um just casual conversation be cordial and just typical conversations you know hi how's it going things of that nature now with reference to uh these experiences uh or relationships or lack thereof that you had uh with Christopher Julie Alward what have any conversations did you have uh with your uh supervisors as far as uh Superior officers within your unit uh in regard to um I explained the connection or our with my sister to the the Albert family and who did you explain that to that would be um s banic Lieutenant Fanning and detective Lieutenant Tully all right Trooper I'm going to ask you to keep your voice up maybe approach the microphone a little closer and just with respect to those disclosures What specifically did you tell either Sergeant mechanic Lieutenant Fanning or Lieutenant um basically that there's she the Alberts are my sister's friends uh that I've been had some functions with them and the the only um kind of connection with the Albert family is is through my sister and just when you say the Alberts as far as uh who specifically within the Alberts are you talking about that had a had a friendship with your sister Julie Chris and their son Colin now with regard to um the investigation that you were conducting and the interviews that you conduct Ed what if any impact uh did that those relationships have with regard to your interviews of them specifically or the investigation in total zero absolutely zero impact on this investigation you want a may approach yes sir I'm showing you a document do you recognize that yes and what do you recognize it to be uh it's a text message thread labeled uh Proctor friends now over the course of uh your investigation over the course of this case are you aware that there were um iCloud data that was obtained from your personal cell phone yes and uh different text strings from that iCloud data from your personal cell phone correct correct and with respect to what has just been placed before you is that uh an excerpt or piece uh from from those particular messages it is and uh from the front page of that uh can you tell the jury uh who are um sort of the participants in this particular text communication um the several numbers that aren't identified the three that are are under uh kind of nicknames me my buddies have for each other and generally speaking just as far far as the participants in this uh text communication uh who are these people to you and and how do you know them how long have you known them who who are uh I've the members on this text thread are close friends from Junior High first grade even so people you've known for years is that correct correct and do each of them uh live or do any of them live within uh the general area uh at this time some of them do yes and so when some of them do some of them do not is that correct correct and the ones that do not uh how far away do do they live uh as far as away as Tennessee now with reference uh to this there's an indication as far as the first message sent or last message sent uh from this particular text chain correct so I repeat the question please sure uh sort of towards the middle of the first page direct your attention to that area is there any indication as far as the first message sent in last message sent with respect to this text chain on the first page yes and what is indicated as far as the first message and the last message uh the first message is I need to brandish she gun more often the last is Chip name of the app BPD cup no I'm sorry sir if I could direct your attention to the first page in this packet page 2527 you see uh conversation details sorry May coach yes direct right okay do you see what I was uh talking about now I do sir and from that uh area label conversation details there's a first message sent date and time and the last message sent date and time correct yes okay what is the first message uh sent uh it's 10:18 of 2021 at 8:48 a.m. the last message sent is 8:31 2022 at 11:19 p.m. is there also within that conversation details and indication as far as number of messages over that time frame within this communication there is and what does it list for number of messages it's uh 3877 and fair to say the packet that you have before you does not contain all 38 , 77 messages correct that's correct the first message uh that you had I believe alluded to in reference to uh the first one listed within this communication what date and time is that that was January 29th 2022 at 10:36 pm and who is that message from uh my friend who lives in Tennessee and uh what if anything did he send to the group uh they need to brandish a gun more often and uh if you know what is that in reference to um he just recently moved to Tennessee and he was kind of I think making a joke as um kind of the lifestyle down there where it comes more prominent or more common to be carry around there so I interpreted that as a joke in that nature and the next message sir from that same page and the next message sir from that same page 2527 uh the next one is uh it's bold and is there a name associated with that number that's in these no do you know who that person is I don't and the next message sir from 10:52 p.m. uh chip name of that BPD cop and Chip who is that referring to Sir that is one of my nicknames I've had since maybe High School a nickname that would be familiar amongst these group of friends in particular yes and this time period when these text messages begin uh sometime after 10:30 or 10:50 p.m. on January 29th um where are you and and what are you doing uh in reference um around that time period um at this point in time at on the 29th uh I'm home at and uh that last last text message do you respond to that at approximately 10:53 p.m. yes and what was your response uh John O'Keefe and the next message down from there also at 10:53 p.m. yes he took custody of assist his kids uh that's your response there's another response above that is that correct yes and what does that say how old and you respond as far as he took custody of his sister's kids correct correct um skipping down a couple do you see an entry at 10: 5349 p.m. yes and that's from a 617 number is that correct correct and what is the response there uh oh man that's rough and uh following that do you respond uh to the earlier query as far as age I do and what did you say mid-40s now the next message below that as far as indication of mid-40s what is that his age no I understand that I'm sorry the next message understand underneath that sir I'm sorry um it's a Facebook link and you recall what that Facebook link is too it's to um John O'Keefe and is that something you sent or one of your friends sent one of my friends sent and uh the next message below turning to now page 2529 at the top there um what is the next message that sent what's that don't have the book anymore and uh as far as the book what what did you understand that to me approach sure proceed John yes uh Trooper if I can direct you back to page 2529 within that packet before you and below that text uh stating what's that I don't don't have the book anymore uh you respond is that correct yes and what is it that you say there uh this one is a nightmare forget about the kids that's awful and Sir if I could direct your attention uh again within that same packet to 2532 and there's a uh message there sent at 10:56 p.m. is that correct yes and who's that from um the friend who Liv in Tennessee and what does he say in that text I'm sure the owner of the house will receive some and uh you respond at 1056 as well as 1057 is that correct correct and what is it did you respond uh my first response was nope um homeowner is a Boston cop to and what if anything uh were you saying or what what was the purpose of of that text in regard to the homeown I was just letting him know that essentially Mr Keef is a Boston cop and the home owner was a Boston cop as well now if I could turn your attention to 2533 and top of the page sir if you could uh read through that page as far as who's uh texting and what are they say um again for my friends from Tennessee and myself um I hope not but I can't see it I responded with she waffled him uh I looked at his body at the hospital he was banged up um now as far as the next uh tax for 781 number MH what does that say um did he get beat up and you responded to that is that correct I did the objections to stand is to form what if any response did you provide to that nope objection the objection was to the former question and we answer I'll strike it thanks now turn your attention to 2534 and from this page sir if you could again just uh read through as far as indicating to the jury who's speaking and what is being from the start of the first text so so the owner of the house yes so the owner of the house was a woman cop that beat him that's what I initially thought after talking to Ken partic then I saw the [Music] guy and those last two are your responses is that correct yes now the following text messages are from your friends is that correct yes what do they say um be let's focus what does she waffled them mean what's the story I responded she hit him with her C and she that you're referring to there who is that Mr Reed now turning your attention to the next page 2535 again if you could start at the top of the page and read through that page and just indicate to the jury uh who is talking and what is being said okay um my friend in Tennessee States okay that's up I respond intentional or not uh then another response gotcha he was frozen in the driveway and she didn't see him question mark uh that's another animal we won't be able to prove and then I respond they arrived at the house together gag I don't want speak out loud or at of turn the objections overruled but if I could say this there needs to be an identify of who's and I understand what you think the mixup is so Mr L go back thank you sir if you could please again start at the top of the page and just indicate no just just after the gotcha he was frozen in the driveway correct Mr Jackson that's correct you thank you I respond that's another animal we won't be able to prove I follow that up they arrived at the house together got into an argument she was driving and left uh 781 number responds with what's the name of the can cop living a can the other one involved and how do you respond to that sir uh there several other messages before I uh issue a response objection again bottom of the page so it's not an objection but Mr L why don't you point him so sir at the bottom of page 2535 you have a response is that correct correct and what is that response they arrived at the house to get together got into an argument she was driving and left so it's going to be a matter you can address on Cross there has to be some accuracy with the reading so I I understand so Mr L why don't you go point for your witness he appr yes MH [Music] okay uh it's a HTML Le link uh white out back SL Proctor iCloud backgroup chat Feb 2022 how you point up can I see what you have for a second please yes sure Mr L it's on there why don't you go show your witness why don't you just read it Mr L and tell us who you attribute it to so sir what I'm asking you about is the bottom of page 2535 um excuse me 263 25535 you indicated Biff him correct correct what what what did you mean by that that M re struck Mr O with her [Music] vehicle now sir if I could direct your attention to page 2537 now do you see response toward the bottom of the page uh from yourself January 29 2022 at 11:04 p.m. yes and can you read that response to the jury yeah but there'll be some serious charges brought on the girl and what did you mean by that sir that throughout the course of the day we had um compelling evidence that Miss Reed struck Mr o'keef with her vehicle and uh you have two responses from Friends uh the same friend at the bottom of that page 2537 is that correct that's correct and what are those responses keep your voice up loud please um Trooper proor jur can't hear you yes shano uh number rning 5051 got to be I Can Only Imagine One internal fears of the BPD are trying to get out there the second response same number she hot at least and turning your attention to the next page 2538 uh as cop um if you could just read number series of responses from yourself correct yes sir read from those sir yep so these came from me from all accounts he didn't do anything wrong she's a wack job C objection so don't spell it you have to so this these are your words Trooper Proctor yes shirano go ahead and say them uh yes she's a babe we' Fall River accent though though no ask and Sir what is it that you were referring to there or why would you text that these were um from all accounts he didn't do anything wrong is um talking about M the homeowner Mr Albert um I had mentioned the compelling evidence against Miss Reed at this point indicated that Mr Albert had nothing to do with Mr rke sta the rest of the unprofessional regrettable comments are something I'm not proud of uh and I shouldn't have wrote in uh in a private or any type of [Music] setting sir at some point um if I could turn your attention to page 2540 [Music] and there's a photograph that's shared within this text communication is that correct yes sir and does it indicate who shared that [Music] photograph from the prior page [Music] possible the number ending in 5051 and who is depicted in that photograph that was shared within the group text it's uh Miss Reed escorted out of the state police Milton barracks and these are all from February 1st of 2022 around that time frame is that correct yes now sir if I could direct you to page 2543 and Sir if I could direct you to the top of the page and ask you to read through that page indicating who's speaking and what the content of those Communications go um okay number ending in 4146 uh question is that chck or smoke uh again 4146 question mark I respond eh um I respond again not bag as Chief would say um I also respond with she's got a leaky balloon knot leaks poo um and what if anything is that in reference to again um to MRE some medical conditions there um again unprofessional comments I should not have made um that I'm not proud [Music] of as far as attitudes expressed Within These text M mesages and other text messages um what if any impact did that have as far as your investigation was concerned uh regarding this these juvenile unprofessional comments have zero impact on the facts and the evidence and the Integrity of this investigation uh they said these are unprofessional comments but they absolutely did not detract from the Integrity of Investigation or the facts and evidence of it may I approach Retreat [Music] yes now Trooper fractor youve seen within uh we've seen text messages amongst uh yourself and a variety of uh of different people uh from that same sort of uh iCloud a of your personal phone correct correct and among those are there communication that you had with members of the kin police dep yes and how would you characterize uh or what what was the the general content of communications that you had with members of the candid uh one communication was to coordinate uh interview times for firefighters and police offices and to set up a conference room where those interviews could be conducted uh obviously the presence of Canton detectives or any police officers were not going to be um sitting in on these interviews another communication was to inquire of um relevant security videos that are in the area um their local department they know the area very well so I reached out and asked if uh there's some good cameras in the area that I had of uh kind of interest in may approach yes [Music] I'm showing you another document just ask you recognize that yes I do what do you recognize that to be sir uh text Communications between my sister and I that's your sister Courtney is that correct that's correct and uh similar to what IID asked you about the prior packet as far as a first message sent date and time last message sent date and time uh what is indicated on on this first first message sent date time December 10th 2021 at 9:33 p.m. last message sent 8:30 2022 at 8:48 p.m. and 8:30 that's August 30th is that correct I'm sorry yes August 30th 2022 and similar to the other messages is there an indication as far as how many uh number of messages were sent between yourself and sister over that time period 2865 and fair to say that the documents in front of you do not contain 2865 messages correct now just in reference to the uh first message on page 2662 the first page in this packet do you see that from December 10th of 2021 at approximately 9:33 p.m. yes and uh what does that indicate the text message from my sister what does it say I called earlier Dolph earlier and mom was puking in the background and do you recall what that was in regard to the sounds of my mother have a stomach buug and Sir if I could direct your attention to uh page 2667 and these are text messages from January 29 2022 uh between yourself and your sister Court correct and if you could read from uh the top of the page through the end and please indicate to the jury as far as who's talking and who's saying what so I texted my sister at work what's up she responds what why I respond or just found it frozen to death on a front lawn and Canon this morning uh actually just interviewed Jen mccab said she knows you and they knows you who are you referring to my sister and how did your uh sister respond to that uh cut the I responded you if there was a typo correction with my response to you uh she responded yeah she knows Jack very well she's really good friends with Julie uh my sister continues on her sister is married to Brian Albert my sister ask you still work in question mark I says yeah yeah going to be out for a while homicide and as far as your answers to those questions uh or as far as as your commun Communications that you have with your sister at this time in the afternoon of January 29th what were those in regard to or why were you communicating that to your sister um at that time it was just in the news um I was just kind of let her know I was out working um she didn't share anything specific I wouldn't share anything specific on cases with my family or anyone um it was just kind of an overall innocent conversation now turning your attention to the next page 2669 again if you could read from that page as far as uh who was talking and what the content is all right uh my sister starts off the can't thing is a homicide uh I respond this is at 3: in the afternoon on the 29th uh don't say a word to anyone she said of course not I respond in the very least it's suspicious she responds this is your livelihood uh and then I would never miss with that 307 I respond uh Julie and Chris were at the bar with the victim and girlfriend got to interview them like direct your attention to page 2672 these are messages from February 1st 2022 is that correct correct and the one of the top starts about February 1st 5:57 p.m. is that correct yes and again if you could uh breath through as far as uh who's speaking and what the content of those messages are uh I text my sister what up uh she responded nothing I just saw Julie and she said when this is all over she wants to get you a thank you gift and I respond get Elizabeth one Elizabeth's my wife okay my sister responds because I guess her and Chris were friends with John and she's so proud of you for leading this and then she qu writes Elizabeth question mark I respond with she's been stuck with the kids for the last 10 nights my sister responded yeah but she knew what life is like married to a cop and Sir as far as the uh gift that's mentioned as far as Julie Albert is that anything that you have received at any point in time I never received a gift I never asked for a gift my wife never received a gift she never asked for a gift so how would you describe this context of this conversation or why that's being discussed uh at this time again I don't know the thought process of my sister and Julie as far as bringing that idea into the of a gift into play um like I said I didn't ask one I never received one in the same with my wife sir if I could direct your attention to page 2676 and again if I could ask you to start at the top of the page and read through and just indicate as far as uh who saying uh who is speaking and and what they're talking I start out we write like 8 to 12 warrants on each case my sister responded oh I have no idea what the hell you do or how it works I responded on the 10th at 7:30 6 p.m. I'm stoping but I also just want to go home thanks though my sister responds yeah but is dinner going to be waiting uh she responded with ha haa and then I responded yep then my sister responded with okay it's fine mom and I just don't want to go home may approach yes hey winess [Music] yes another documents sir do you recognize that yes I do and what do you recognize that uh this is um private messages between my wife and I um again what is your wife's name Elizabeth and what if anything does that indicate as far as dates and times and number of messages involved okay so the first message sent um 520 2022 at 6:19 p.m. the last message sent 8:31 2022 and 9:16 p.m. and uh what if any indication does it give as far as the number of messages within that text chain 1,632 and those 1,162 there's one message that's listed on that is that correct correct and what is the date and time of that message and what ises it say and who speaking uh this is me speaking on June 9th 2022 at 4:56 p.m. I text my wife waiting to lock this whack job up and what are you referring to in that text sir um I'm referring to the arrest after Miss Reed was indicted by the grand jury and again uh as far as the terminology uh that you use in that text message to your wife uh why is it again unprofessional messages I should not have sent um I don't have an explanation other than they're regrettable and uh something I'm not proud of the language I use I approach to retrieve your yes so TR proac to the is can't hear you so speak directly into your microphone the way I'm doing okay yes SH now TR Proctor you familiar with uh conversations that's um within the same deex Communications some your personal phone uh with colleagues of yours at the uh State Police yes and your may approach yes on the docum before I get into that though uh if I could turn your attention back to uh some of the comments on the language used in uh the January 29th and February 1st uh or 2nd uh text Communications among your friend group um with reference um to a that particular time frame and the language that you used um what sort of information had you gathered to that point and why would you say or use that particular language in your particularly in your descriptions of the fact this is you know 16 18 hours later uh and we I conducted multiple interviews we speak up conducted multiple interviews we knew Mr Keef never went into Fairview Road we knew there was one shoe at the scene one shoe at the hospital mrke based off Mr O'Keefe's injuries Miss Reed statements when Sanic and I interviewed her her broken tail light the missing tail light uh some tail light pieces found at the scene the um compelling evidence pointing directly at Miss Reed that she struck Mr O'Keefe with her vehicle led me to make those comments whether like I said it wasn't not there weren't professional comments but based on the day's investigation it was clear that M Reed had struck Mr with their vehicle sir if I could turn your attention to the documents before do you recognize those I do and uh as far as the participants in that particular conversation uh who who the participants list uh it's Trooper David Deo and myself and Trooper the chico and yourself uh both work within the same unit with the state police is that correct it's [Music] correct and Beyond the professional relationship you have with yourself uh between between yourself and tret Chico how would you characterize your relationship generally speaking uh for buddies you know we golf together hang outside of work you know our kids play together so and say you know friends now within the U again as far as the first message sent date and time and last message sent date and time within this conversation if you could describe that for the jury first message sent date and time March 17 2022 11:08 a.m. last message sent date and time August 18th 2022 608 a.m. and again the number of messages uh listed within this uh text chain 87 and fair to say the documents before you do not contain 87 text messages correct that's correct sir now just in general terms if you have an opportunity to just look at the first couple Pages there um fair to say those are just uh sort of jokes that you have going back and forth between yourself and tret Chico is that fair to say yes now if I could turn your attention specifically to uh page 2632 and uh these are text messages uh starting on April 28 2022 at 10:52 in the morning is that correct I'm sorry what was the time again sir uh April 28 2022 10:52 a.m. yes correct and again sir with reference to uh this page if you could uh read the content to the jury and please indicate whom is speaking at each respective times okay I set out without a doubt um he's got diary of the mouth too Tri Chico rookie move not getting not going into a meeting with the Emy and getting that homicide determination I respond Yuri and I had two conference calls with her sent her numerous photos Etc we laid out the entire case for her TR Chico responds not good enough should have had me or Jeff do it I respond if you two did it she would have made it accidental or natural causes and can you explain the context of those Communications or or what exactly is it that you and and tri Chico are are talking about in in that communication okay so the me is the medical examiner they conducted the autopsy of Mr O'Keefe um our office it's kind of a little bit of a walk around hold on wait for the ambulance and then speak up the jur can't hear you wa back where the court officer is [Music] standing so like I said the me stands for medical examiner uh they conducted the autopsy of Mr o'keef the um guess I'll address the conference calls s banic and I have with the medical examiner the doctor had some questions uh as to the facts and evidence kind of what I transpired which is common you know even if it's if it's a homicide I've had many calls with the medical exam in his office even if it's a suicide or overdose uh always all almost I wouldn't say almost always with a homicide the doctor wants to know what transpired trior Chico and myself we kind of like The Bu bust each other's chops go back and forth so that's what he meant by saying um rookie move not going into a meeting with the me and and getting that homicide determination the original determination came back uh sustained next question Mr L now as far as um attending the autopsy is that something that typically someone within your office would do within your unit would do with regard to uh any sort of death investigation yes and do you know who attended the autopsy of Mr o'keef in this specific case uh tra and so as far as TR Cho's reference to you not going uh in or S mechanic not going in is that would you believe TR jico was referring to in that message objection sustained as to the form um you indicated that uh you and Trooper diico bust each other's chops is that fair to say yes and can you describe a little more expound upon that as far as the nature of your relationship and sort of the the text messages that you exchange in this and other Communications that you have um basically just you know kind of needling each other and him him doing that is by saying texting me rookie move uh not going into meeting with the uh medical examiner um so that's a perfect example of him kind of just needling me which we do on a daily basis and as far as your interpretation of that did you interpret that as a serious comment or something said in justest I interpreted that as a typical joke from Tri Chico may I approach to retrieve yes may I approach yes another document um asking you recognize that yes you recognize that to uh text messages between Me Myself and uh Trooper too and again what is the first message sent Daye and time last message sent date and time and number of messages contained therein first message sent date and time April 28 2022 at 1:09 p.m. last message sent date and time April 28th 2022 4:45 p.m. and the number of messages sir four and uh if you could um read the content of those messages contain there please indicate who speak uh so I said out of course it's undetermined uh she was a whack job trib Chico responds diod WTF what the hell is inconclusive about the whole thing and as far as your indication there as far as she was a wack job who are you referring to there miss Reed now as far as the undetermined of what you're talking about what what is sort of the content of the context of this conversation that would be the uh manner of death was determined to be un determined by the medical examiner's office and so I ask you again as far as your reference there in the bottom of the first page as far as she was a wack job whom do you believe you're referring today Reed or the medical exam Miss Reed may I approach joh yes they handing you another set of documents U view those look up when you're finished you recognize those sir yes I do and what do you recognize those to be another text thread between myself Trooper Dio and trooper kakowski and Trooper kakowski is another Trooper within your unit in the State Police is that correct yes and again if you could read from the first message sent date and time and the last message sent date and time uh first message sent date and time 524 2022 9:21 p.m. last message sent date and time 8:24 2022 4:56 p.m. and as far as the number of messages uh indicated within this text chain between yourself tra kakowski and tro 494 to say the documents before you do not contain 494 text messages correct correct just in reference to that first page 2635 first message sent that's May 24th 2020 2 around 9:21 p.m. is that correct yes that's a message sent from Trooper kasowski is that correct correct and what is that uh appears to be a picture of a toy Santa Claus now sir if I could direct your attention to uh page 2644 [Music] if I can direct you to the bottom of the page sir and see the text from yourself at June 9th 2022 at 11:19 p.m. yes very bottom of the page you're may approach just to point it out yes yeah I see it sir okay if you could read what you wrote on June 9th 2022 around that time sir if you like women who themselves sir uh what is it that you're referring to there um again a regrettable comment I made about Miss Reed's medical condition now if I could direct you to the following page 2645 and again if you could read from that page as far as uh who is and indicate to the jury who is speaking and what is being said on page 2645 I'm speaking right now the statement she made at tonight at age7 was mental thank Christ it was on BWC which his body One camera tro kakowski responds that's her smoke tra kakowski again what she say I respond said the Alberts beat the out of O'Keefe left him for dead that's why her tail light was cracked she's gross Tri Chico oh her thank you sir I approach to retrieve y yes sir with reference to that last bit as far as uh June 9th 2022 uh what was going on that day in reference to uh to this matter again uh Miss re Miss Reed was being processed at the Milton Barracks thank you I may have just a moment your honor yes can I approach yes another set of documents to recognize those I do what do you recognize those to be I'm another text thread uh with um members from my office Troopers and who are the Troopers that are listed uh within that uh Trooper Chris Moore Trooper Jeff kakowski uh lieutenant John Fanning Trooper Dave deico and Sergeant Yu kenck and what is the first message sent uh date and time uh that would be 526 2022 at 819 p.m. last message sent date and time 8:26 2022 5:36 p.m. and what is listed as far as the number of messages within this chain 651 and fair to say the documents before you did not contain all 651 of those messages within this chain is that correct correct now sir if I could direct your attention to um page [Music] 2682 you see a message uh sent from Trooper to Chico on August 17 2022 at 9:42 p.m. yes and is that an image uh contained on the next page which is 2683 yes it is and what is the image of uh that is a picture of Mr Yanti appears to be from uh quite some time ago now turning your attention to uh the next page 2684 and there's a response from you August 17 2022 at 944 PM is that correct sorry so I go with the date and time again please sure 2 page 2684 um 817 2022 9:44 p.m. yes you see there's like sort of three responses from you I have you now if you could just read the three responses from yourself sir okay so these came from me funny I'm going through is reti client's phone no nude so far I hate that man I truly hate him now with reference to uh the investigation at this point you're talking about his client's phone who are you referring to miss Reed and with regards uh to uh the phone at that point uh can you describe for the jury sort of what's going on uh during this time period of August 17 2022 in regard to miss Reed's phone so after obtaining a search warrant from Miss Reed's phone we weren't able to extract any data from it until August of 2023 was my office knew I was going through the phone that evening I was most interested in location data text messages Google searches um that was the update I gave uh the Troopers in the office it was a a distasteful joke I should have gave a proper update instead of that um I wasn't able to go through the phone as thoroughly as possible because I came across some uh um text between an attorney and Miss Reed so I had to stop going through her phone and it made my supervisor aware of those communic now just in reference to what you had just said this is in August of 2022 is that correct correct so after search warant is obtained for the defendant's phone um where did it go you you indicated you gave it a TR Gino and and where did it go from there Tri Gino um essentially hooks it up to a device called gray key where he tries every possible combination uh passcodes in order to access the data contained in the phone and at that time when you retrieved it pursuant to the search warrant you didn't have the passcode to the defendant phone is that correct correct so that device is designed to sort of go through numbers and and try to find a combination to get into the phone correct correct and so from the time that you had seized it in late January or on January 29th 2022 until this date in August of 2022 uh had you been able to get into the phone or see anything in the phone uh in those intervening months or seven months between January and August no and so then at this time that you're sending this text message in August of 2022 is that around the time that you uh were first able to access the phone objection I'll allow it yes that was the first time we able to have access to the phone and with reference uh to uh your access to the phone um were you looking for for nudes or anything like that in regards to the defendant objection I'll allow it no I stated I was most interested in M reads location data text Communications Google searches things of that nature more evidence uh contained within the phone and so sir you mentioned at some point you came across some information uh that caused you to sort of freeze your your looking through the phone is that correct yes and so as far as that specific time period in August of 2022 when was the next time that uh you or any troopers from your office were able to actually look at any extraction of the defendant's phone so once I came across that text communication uh that took place on the 29th uh between Miss Reed and an attorney uh the phone had to be sent off to what they call a Tain team to remove any attorney client privilege information from the phone and then it would be returned to us as well as defense received a copy of that as well uh I'm not positive on the time it was quite it was a quite a long turnaround for that process to have be complet completed sometime at least in the spring or summer of 2023 is that sound about right that sounds about right may approach to retrieve your honor yes thank you sir I have no further questions all right so I'm going to see you at sidebar so I don't interrupt your cross all right all right Mr Jackson go right ahead thank you super Proctor in the summer of 2022 August 17th specifically you were sitting at your desk presumably alone at your office at about 10 p.m. at night going through my client's personal cell phone correct yes sir as a matter of fact you were sitting there texting with your friends and colleagues at Massachusetts State Police about you going through her personal cell phone is that right correct sir and that included Trooper did Chico is that right too yes sir Trooper Fanning Trooper bunik Trooper Moore and Trooper katkowski kakowski tell me that again kakowski kakowski yes sir all right all the consonants are silent fair enough Trooper Fanning and Trooper Buck are your supervisors yes and you were bragging to all five of them that you were going through Karen Reed's cell phone about 9:45 at night objection I'll allow it is that right no I wasn't bragging sir how did you refer to miss Reed in that text exchange where you informed them that you were going through a phone I use regrettable language uh instead of going through um his client's phone right now you were showing a photograph of my colleague Mr unti correct yes can I approach yes same document I need Cy your honor I think the court has the copy that I was born to use I thought I gave him back to You' received a photograph actually youor if I could uh I would ask that this document be marked as next in order um the assuming the witness verifies its authenticity so so go ahead do you recognize this document I do sir same document that you were shown copy of the same document that you were shown by Mr correct Mr Mr L I've done that twice Mr L correct all right is that a true and accurate reflection of the text messages that you were exchanging with Chris Moore Jeff kakowski John Fanning uh veto J jao and Yuri buenik yes i' ask this REM Mark okay any objection yes sure all right I'll see you what not done may I inquire you yes um Trooper proor Proctor uh Trooper Dio had sent you a photograph of my colleague Mr yti correct yes you're because of a technical issue I'm not going to display on the on the um um television may I display this hard briefly sure thank you you see that gentlemen I do sir is that the uh photograph that you received yes is that what you referred to on direct examination with uh about receiving photograph from Mr of Mr yanett correct and then your response was what I hate that man I truly hate that man actually your response was I'm going through his client's phone right now correct yes after the picture sir yes who's the client um I was referring to miss Reed again unprofessional language I'm asking who you were referring to got an explanation who was it you were referring to as Miss Reed Karen Reed the woman sitting to my left yes sir the subject of your investigation as a professional correct yes sir as an unbiased objective investigator the person that you were investigating you referred to to your bosses as corre again poor language on my part poor language is one way to put it completely offensive is another way to put it right Jackson I've got to sustain that Mr Jackson after you referred to my client as then you decided to make a comment about Mr yti her lawyer correct correct and what did you say about Mr jetti again uh I hate that man I truly hate that man I hate that man I truly hate him correct correct you didn't say I dislike him disagree with him you said I hate him correct correct sir that's a visceral response to someone who's just doing a job correct jaction sustained you can ask it differently sure let me ask it this way were you upset or annoyed or pissed off that Karen Reed had gotten representation legal representation to represent her no not at all that's her right well let me ask you this in August of 2022 you said you absolutely hate it correct I don't if that absolutely yeah I didn't use absolutely sir you use truly correct truly yes how do you feel about him now sitting right there I still don't care for him now right I'll let it stand what did you tell your colleagues that you were looking for as you sat at almost 10 p.m. at night on a Wednesday night August 17th 2022 looking through Karen Reed's phone I didn't tell them I was looking through anything they knew I was going through Miss Reed's phone I provided a uh inappropriate joke as an update they knew I was going through location data text messages Google searches but like I mentioned earlier I had start except Tri Proctor none of that really professional sounding stuff ended up in your comments to your bosses did it again it was a poor joke that yes or no did not no it did not a matter of fact what did you write after you talked about going through the quote client's phone Jackson I'll allow it uh no nude so far no nudes so far correct correct you said that to your bosses yes sir you were looking for naked photographs of Miss Reed on a Wednesday night as you sat in your office at 9:44 p.m. correct no not correct let me ask you a question have you ever ever looked for naked photos of a male suspect that you were investigating I don't look for naked photos on anyone's phones but you said you were looking for nudes of Miss Reed like I said Mr Jackson it was an inappropriate joke so this is a citizen she's a woman you were supposed to be objectively investigating does your text message to your colleagues at massachusett State Police reflect an objective investigation of a citizen objection I'll allow that do you believe that TR Pro Proctor I believe poor jokes have in unprofessional language have no bearing on the integrity and the facts and physical evidence of this case it's not that they don't have any bearing on the facts and integrity is that they have no place in a professional investigation because it shows bias right Jackson so I have to sustain that as asked go ahead and ask it differently Mr [Music] Jackson you weren't so much as objectively investigating Karen Reed as objectifying her correct Jackson I'll allow that is that right rephrase the question please you weren't so much as objectively investigating her as objectifying her in those moments correct again Mr Jackson it was a poor choice of words and a joke that I should not have texted out but the from the start of the investigation we don't know what we had we and your TR Proctor your point in saying no nudes so far to your colleagues in Massachusetts State Police was to suggest that you were looking for nudes and you'd update them when you found them correct incorrect let me ask you a question did you did you find any nudes Karen Reed I didn't go through the photo sir did you find any nudes of Karen Reed I didn't go through the photo sir I came successful in your quest I came across uh text messages from Miss Reed to another attorney on January 29th so I had to stopped looking through her phone so you you got sidetracked before you could get to the naked pictures with myy sustained to be clear when you sent those text messages on that group chat those text messages included as we said or as you said it's not one but two of your supervisors correct correct were you ever reprimanded for your conduct in sending that text message jaction so that's sustained do we need to go to sidebar based on what you told me earlier we do not okay so I'll ask it a different way okay did either Trooper Fanning or Trooper buenik dress you down in a responsive text message in that text thread for doing something so abhorent as looking for nudes or referring to nudes of a female suspect or subject of your investigation did that ever happen not that I can't recall as a matter of fact in reference to one of the text messages in the same string your boss your yenic actually responded to the photo of Mr yti didn't he jackon I allow it he did Sir after you received the photo that's when you said I'm quote funny I'm going through his client's phone is that right Jackson this but not too many more sure is that correct it's on the top of page 685 that's correct and you're banic liked that comment funny I'm going through his client's phone didn't I see you laughed at an image here sir I can't tell if he liked that comment sir my Approach yes I don't know if it's just because it's faded or yeah my copy's faded top 2685 you can use my copy if that coms thank you what do you see on the top of that page that it s mechanic liked it liked what the I'm going through is client's phone sir I approach yes I'll take my C there you [Music] so your supervisors at massachusett State Police not only didn't ride you from making comments like this he encouraged it objection sustained tro Proctor this is your direct chain of command is that right you're buen yes sir um did you believe that your conduct was a misuse of your Authority and power as you were going through her phone on in August of 2022 jaction I'll allow it no I had a warrant signed by a district clerk Sten District CL clerk to go through Miss Reed's phone I don't think it was an abuse of power I had every right to go through that phone did the warrant say anything about looking for news of my client jaction did it no say anything about that no your honor okay next question so that would be an abuse of the power that was given to you by the court correct objection sustained Tri proactor you'd agree that the Hallmark of any good investigation as you've been taught and others in massachusett State Police have been taught is that the investigation and the investigator have to be fair they have to be impartial would you agree with that yes sir meaning that the investigation has to be free of conflicts right yes sir the investigator has to be free of conflicts right yes the investigation has to be free of bias is that right correct you can't be biased against the person that you're investigating that would compromise the entire thing wouldn't it yes basically you follow the evidence you're supposed to follow the evidence wherever it takes you right correct good or bad top to bottom just follow the evidence and report it back that's how an investigation is supposed to be run isn't it yes sir and these are things that you learn early on at Massachusetts State Police Academy and then in your detective training isn't that right it is literally it's part of an oath that you took at the Academy that you will quote faithfully and impartially discharge and perform all of the duties incumbent on you as a Massachusetts State Police Trooper right yes sir you swore that of I did when you start an investigation everybody in that investigation should be treated exactly the same don't you believe that true correct everybody have you ever heard the phrase everybody's a suspect until they're not right jack sustained it's a especially important early in an investigation before all of the facts are known that the investigator is not compromised by bias Prejudice right correct most important early in the investigation because that's when the most things are up in the air there's the cloud the fog of not knowing exactly what the truth is Right objection sustained in other words triple Proctor you don't get to pick a suspect and then try to find evidence to support your choice right correct but in this case it's exactly what you did isn't it absolutely not all right Mr Jackson why don't we end for today this is good of placees thank you okay all right whenever you're ready Mr Jackson Governor as a matter of housekeeping I would move to Adit the uh packet of text messages with bait stamps inclusive of 02 68 0 2685 it was referred to on Monday is there an objection to the written one coming in same objection why don't I see it's Side Bar on this may yes one more matter of housekeeping I have another set of iOS messages that in are inclusive of page Pages 2527 through 255 2545 I'd like to have these marked as uh for identification as next in order all right if you have any others let's have them all mocked for identification at the same time all right go right ahead Mr Jackson Trier Proctor I'm going to ask you if you wouldn't mind to turn to tab two in the binder in front of you can you take a look at the face page of what's under tab two and tell me if you recognize that yes sir it's um a private tax thread with uh high school friends and this includes nine participants nine chat participants that you uh engaged with that's correct those participants include people by the name of bird Whitey and Doc correct correct and then there's some other folks in there that are identified by their at least the last four digits of their phone number correct yes so this is a group text or a group chat with you and eight of your high school friends about this investigation correct yes trer Proctor you never thought when you were engaged with these other individuals that this particular set of chats would ever become public did you no I do not I want to take a look at page 2527 if you could turn that's on the bottom right of the uh of the document in tab two do you recognize I'm sorry do you have that page in front of you yes sir you recognize that this chat this group chat was taking place on January 29th at about 1052 p.m. correct correct and the person that I'll identify is 5051 that's the last four digits of that phone number indicates chip name of that BPD cop correct correct first of all you indicated on Monday that your chip is that right yes sir you responded at 1053 p.m. John o'' Kee is that right yes sir so you were willing to tell just a few hours into an investigation of the death of a Austin Police Officer you were willing to tell a bunch of high school buddies details about the investigation including the name of the victim correct at this point is 16 hours later sir not a few 16 is a few hours correct not talking about days later it's it was about 16 hours later sir correct and you identified John O'Keefe as the Boston police officer who is fallen in the yard at 34 fairie correct correct you also informed uh if you will skip to page 2529 you also inform these same folks these same High School buddies that quote all the powers that be want answers ASAP correct yes you knew trer Proctor that there was brass that wanted this case wrapped up quickly and efficiently isn't that right jaction oh well that is that what you were thinking no the uh people wanted anwers sir they wanted to they didn't just want answers they wanted answers ASAP what does ASAP mean uh that's as soon as possible right and you were you were texting this to your high school friends again 16 hours into this investigation right correct and you knew at that time you knew at that time Trooper Proctor that this was not going to implicate in any way shape form or fashion another cop correct correct in this text exchange let's turn to 2532 actually you have that in front of you I do in this text exchange at 10:56 p.m. your buddy bird writes I'm sure the owners of the house will receive some correct correct how did you take that to mean did you did you take that to mean that he could get in trouble yeah I'm not sure exactly what my my friend was getting at um well you had some idea yeah I maybe the owner of the house isn't going to get any for this right that's how I interpreted it yeah you interpreted it like he's not going to get in any trouble he's not going to be a suspect correct correct and he's not going to be implicated in any way is that right correct and your answer was one word correct yes what was that word nope and then you followed that up with an explanation as to why you said no didn't you that wasn't the explanation why I said nope I simply said homeowner is a Boston cop too meaning Mr O'Keefe was a Boston cop the homeowner was a Boston cop as well the question that preceded your answer of nope the homeowners of Boston Cop 2 was the homeowners going to get some for this correct that's not what I meant with that text that's what you wrote not what I not what I meant sir all right let's take it in order question oh goodness the Boston I'm sorry the homeowner is going to get some for this answer nope next text he's a Boston cop too that doesn't sound like an explanation for your note no that's just saying he's a Boston cop as well mrke is a that's why he's not going to get any correct Trooper Proctor well he's not going to receive any sir because he had Mr Al but the homeowner had nothing to do with Mr O's death and you knew this 16 hours into your investigation L than a day yes to your satisfaction to my satisfaction to the members of my unit so so let him let him finish get the finish your answer to my satisfaction and to all the members of my unit who investigated the that day objection F speculation so I'm going to let it stand trer Proctor you have to keep your voice up okay jurus need to hear you way back there yes ma'am the fact of the matter is you hadn't been to the crime scene by the time you wrote this sex correct correct you hadn't been inside the home correct no you had uh investigated or sorry you had uh questioned a grand total of three percipient Witnesses at this point correct yes and two of the three were named mcab right correct and one of the three was named Albert correct yes and it's a against that backdrop that you wrote nope the homeowner is not going to get any because he's a cop right so what I meant by that at 1057 bird goes on to write he the homeowner must have been a puddle to accomplish that and then he writes who's the homeowner then he writes I hope not but I can see it correct yes a puddle means drunk correct that's a term for yes in other words bird wrote that the homeowner must have been so drunk so wasted to have killed him correct jaction do you know what that means do you know what that text means just the puddle part your honor the term that term all right so he can answer that and the puddle part means drunk or wasted right yes and what bird actually wrote was he must have been a puddle to accomplish that correct that's what he wrote and then you write back quote she waffled him I looked at his body at the hospital right correct you use the phrase waffled about a Boston police officer who had fallen in the snow and died in some someone's yard and you decided to use the word waffled him correct jaction so sustained ask it differently Mr Jackson did you answer she waffled him I looked at his body at the hospital I did answer that yes and then bird questioned she waffled him correct yes and then you responded he was banged up is that right yes then a person with the phone number 0095 wrote I thought he was drunk did he get beat up you see that I do and you wrote nope is that right correct yet again this is before 11:00 at night on January 29th 2022 some 16 hours into your investigation is that right yes so before you ever went to the crime scene before you ever went into the house only having interviewed three folks you had this case nice and wrapped up didn't you yes based on the evidence my office uncovered that day the one shoot discovered at the scene the one shoot at the hospital Mr O'Keefe's injuries the broken tail pieces underneath the snow Proctor I didn't ask for an explanation I asked did you in your mind have this case wrapped up was it cut and dry in your mind yes bird then writes so the owner of the house was a woman sorry was a woman cop that beat him question mark right yes and then you wrote that's what I initially thought after talking to Canton paramedics is that right yes and then you said then I saw the guy correct correct so what you meant by that tripar Proctor was according to you based on your conversations your initial conversations with the paramedics the First Responders you were under the impression that this was a beating death he'd been beaten to death correct the way it was given to me sir was uh medical that's yes he he he's going to answer the question if you want to withraw the question you can no go ahead we enter this investigation with an open mind given to me as a medical situation and we saw Mr O kee's body at the hospital with Sant mechanic and I we saw his injuries and we're kind of working through uh how these injuries injuries occurred as a matter of fact both you and Sergeant buenik believed that he had suffered the injuries as a result of a physical altercation based on information you received from the paramedics initially correct initially we didn't know what we had we knew there was some significant injuries to Mr O'Keefe um it was still figuring out how those injuries occurred well you just testified initially we didn't know what we had right but 16 hours after the fact you wrote the following sentence that's what I initially thought after talking to Canton paramedics correct correct so initially you did think you knew what you had a physical altercation leading to a death correct correct so when you just said initially we didn't know what we had that wasn't quite true you did at least have an idea of what you thought you had correct direction sustained all right you were aware initially that John O'Keefe had suffered a twoin laceration to the back of his head correct yes that resulted in a skull fracture correct correct he had a laceration over his right eye small laceration just under the eyebrow correct yes aeration on his nose is that right correct he had patterned scratches on his right arm abrasion scratches correct yes and he had no injuries below the neck not that I observe so not a single broken bone correct not that I was aware of not a single fracture correct not that I was aware of not a single bruise below the neck right not that I observed looks a lot like a physical altercation doesn't it jaction sustained bird wres bear lets Focus correct yes who's bear that's a another nickname I have 0095 writes what does she waffled them mean and then bird writes what's the story correct correct and you wrote she hit him with her car is that right yes have you ever seen in your experience have you ever seen a pedestrian who's hit by a 6,000lb car with no bruises ever The Pedestrian strikes I've seen have been at high speeds Sho right 60 plus miles hour um so I can't recall right now top my head as far as injuries in the past pedestrian strikes I've attended okay so someone you you indicated on Monday under examination by Mr L you've seen a shoe missing correct pedestrian strikes correct yes those are highp speeed extremely high speed incidents correct yes 60 plus mil an hour right um I can't recall all the pastan strikes I've been to as far as the miles per hour the vehicle is traveling to proor let me ask you the question again have you ever yes or no have you ever in your experience seen a vehicle pedestrian incident in which The Pedestrian has no bruises jackon have you seen that I can't I can't recall next question after you wrote she hit him with her car 5051 writes oh Jesus and bird writes okay that's up correct correct and then you wrote what intentional or or not intentional or not is that right yes your words correct 0095 then chimes in gotcha he was frozen in the driveway and she didn't see him question mark correct correct and you wrote what that's another animal we won't be able to prove that's another animal we won't be able to prove correct correct Trooper Proctor you knew that there were going to be things in this case even 16 hours into this that you just admitted you would have zero proof of correct jaction sustained you can ask it differently did you mean by that statement that this was one of several things that you knew we would not be able to prove that statement that's another animal we won't be able to prove references the intentional and not plot you didn't care at that point when you wrote that you didn't care what you could or could not prove did you ja I'll allow it isn't that what you meant no I had a narrative that you had developed and you would pursue it no matter what the proof was that's what you meant by that statement correct jaction sustained you can ask it differently did you mean by that thank you OT I didn't mean to to Stu on your words did you mean by that statement that you were going to pursue this case no matter what the proof might be what I meant by that statement was if Miss Reed backed into Mr O'Keefe intentionally or not interestingly though that statement came on the heels of he was frozen in the driveway and she didn't see him and you wrote in response to that question that's another animal we won't be able to prove correct that's not what I was responding to I was responding to the intentional or not part so you responding to your to your own statement according correct okay 0095 then writes what's the name of the Canton cop living in Canton the other one involved correct yes in other words that person was asking tell me the name of the homeowner isn't that right yes the guy that's the cop right correct and you ignored that question for a second time is that right yes as a matter of fact not one time not once in this entire group chat did you disclose the name Brian Albert did you I don't believe so no you were actively trying to hide Brian Albert's name at least from this conversation jaction I'll allow it is that what you were trying to do absolutely not but you had no problem sharing j o Keefe's name with your buddies from high school right correct and you had no problem sharing Karen Reed's name with your buddies from high school correct I don't believe I named the defendant not yet you didn't later in the chat okay correct 5051 then writes the BPD have any jurisdiction here because it was their own question mark is that right yes and a few texts later if you look down a few texts at about 11:00 you see a text that STS that starts n [Music] Cat I do sir yes you responded quote na nah n Cat k a t t it's the total opposite they have to recuse themselves same with Canton correct that text ends as uh they have to accuse themselves you then text back I'm sorry a moment yes I say I see where you're at sir how did you end that text S A Canton meaning Canton has to recuse itself also correct that was my understanding so by 11: p.m. on January 29th 2022 there was no question in your mind Trooper Proctor that the Canton Police Department was recused from this investigation in all particulars correct that they had taken a step back from participating yes right well there's one way to put it they've taken a step back from participating another way to put it to put it is they recused themselves completely correct correct they were not going to be at least in your mind they were not to be involved in any way just like Boston PD was not to be involved in any way is that right objection is that what you were thinking there my we're not going to be involved now if we could turn to page 2537 5051 writes but I assume you guys are out to make it cut and dry since it involves cops correct yes and bird writes something stinks correct correct and then Trooper Proctor you responded yeah but there will be some serious charges brought on the girl isn't that right that's right so in that text exchange you were saying yeah we're out to make it cut and dry correct no you didn't write yeah we're going to follow the evidence wherever it takes this you didn't did you I did not write that you didn't write yeah we're going to make sure that we investigate this thing fully and thoroughly before making any decisions you didn't say that did you I did not you wrote yeah but there will be some serious charges brought on the girl isn't that right correct and the reason you wrote that is because you knew as the text above it says this has to be cut and dry because it involves cops right objection I'm going to allow that is that the reason you wrote it no you're and then you indicated we're going to put serious charges on the girl who did you mean by the Girl by the way the defendant Taran Reed yes sir so the way that you were going to make it cut and dry pretty simple just pin it on the girl right jaction is that right absolutely not follow the facts and the evidence from that day on the 29th and everything led to miss Reed hitting Mr o'keef with her vehicle but that wasn't the question that you were answering was it we're going to follow the evidence and make sure we do this thoroughly the question you were answering was I assume you guys you Trooper Proctor and your team are going to quote make it cut and dry since it involved cops meaning Brian Albert correct incorrect I don't doesn't matter to me if the homeowner's a cop if the victim's a police officer myself and everyone in my office investigated this case at Saturday had an overwhelming amount of evidence that M Reed struck Mr o'keef so it didn't matter to us what their occupation was we'll see let's keep reading shall we 5051 a little further down says gotta be I could only imagine what internal affairs at BPD are trying to get out there correct correct meaning this person 5051 was opining at least in your mind you interpreted that as being Boston police are going to have a lot to answer for given the fact that another Boston police officer was found dead on that officer's lawn correct objection what we think you I don't can't speak to the mindset to that comment I'm not I wasn't sure how to interpret that one all right next question Mr Jackson then 5051 changes gears and he writes she hot at least correct yes and what was your response to [Music] that from all accounts he didn't do a thing wrong she's a whack job from all accounts he didn't do a thing wrong she's a whack job that's what you wrote correct correct 16 hours into this investigation yes into your objective and unbiased thorough investigation correct correct but sure you didn't have all accounts did you what I meant by that was did you or did you not have all accounts in your investigation the accounts we had was M Reed struck Mr oef with her vehicle SC t pieces at the scene those are the accounts we had the accounts had I'm sorry go ahead I'm sorry go ahead the accounts you had trer Proctor were from two people named mccab and one named Albert who happened to be the homeowner and a Boston cop those are the accounts from percipient witnesses that you had correct there was another additional witness that we had uh investigators had interviewed Miss uh Roberts as well and from all accounts he didn't do a thing wrong that was your decision 16 hours into the investigation correct yes and the other decision that you made and the other determination you came to was my client Karen Reed was a wack job right yes what else did you say in response to she's hot at least or she hot at least question mark um so following that text I responded yeah she's a babe weird Fall River accent though no ass yeah she's a babe who's the she miss re weird Fall River accent though you talking about her the way she talks the accent and no ass now you're talking about her body her physique correct yes you think that's appropriate absolutely not then bird chimes in with a little comedy ah not newsworthy then correct correct in other words well she didn't have an ass nothing to see here correct objection Su then 5051 says oh she's skating right correct and what did you write after that my response was zero chance she skated and then what did you write she's zero chance she skates she's right correct you decided on the 29th of January 17 hours into this investigation you decided individually Trier Proctor you're not only going to put it on the girl you decided you're going to make sure this is cut and dried and the way you're going to do it is to make sure that she's that's what you were saying objection all right so that's sustained you can the content's fine you have to ask it differently 17 hours into this investigation Trooper Proctor you made the decision that you were going to put it on Miss Reed didn't you put the case on Miss re she was going to catch the case correct no absolutely not what did you mean then when you said she's after the day's investigation with multiple Troopers conducting multiple task and had a debriefing at Canton PD amongst detectives in my office we went through the overwhelming amount of evidence against Miss Reed that she struck Mr o'keef with her vehicle that's what I meant by that comment what you meant by that comment trip Proctor was you were going to make sure because 5051 had said she's going to skate she's skating when you said zero chance she skates she's what you meant was I'm going to make sure I am going to make sure miss Reed doesn't skate she's that's what she meant is it ja sist and then bird decides to chime in good no ass right yes that's what he wrote and what did you how did you respond to bird saying good no ass I laughed thought that was funny did you CH Proctor thought that was funny it was unprofessional of me I that something I shouldn't have done well I think we all know it was unprofessional it was a lot of things I'm asking you did you think it was funny according to my response at the time apparently then you sent a picture just to add to it to pile on of Miss Reed being arrested correct I don't not sure if that came from me sir let's skip to 2543 are you there Trooper Proctor yes the date is now February 2nd 2022 a person by the name of Doc writes is that chick a smoke correct correct who's the chick a misread and you write e e right yes and then you write nutbag as Chief would say correct correct Who's chief a friend of mine and then you write what she's got a leaky balloon knot Tri Proctor to the jurors what a balloon knot is um your uh essentially I guess your rectum areia your anus yes that's what you were referring to about Miss Reed yes and you were making fun of her because you believed that time that it leaked that's how you were treating Miss Reed yes or no yes and then you follow that up just to make sure you cleared up any mistake about what you meant with leaks poo correct correction all right so I'm going to strike that you could get this in but do it the right way Mr Jackson you followed that up with the phrase leaks poo didn't you I did again another reference to miss Reed's medical issues and medical conditions correct correct specifically focused on her anus correct in reference [Music] yes were you aware at the time that you wrote this that Miss Reed had suffered a colectomy surgery very serious surgery that was not so no were you aware that she had had 10 surgeries in 18 months several years prior 10 I was not aware of that were you Ware that she had serious medical issues gastro interal uh uh gastrointestinal medical issues that she suffered with she was a victim of for years did you know that jackon sustained but you decided that you going to take another shot at her and talk about her Anatomy one second sorry you I'm sorry you decided that you were going to take another shot at her and talk about her Anatomy as a balloon knot correct objection sustained at this point trer Proctor Miss Reed was just reduced to punchline to you wasn't she jackon sustained well you weren't done yet this chat doesn't end yet does it no sir let's skip to 2543 on the same date February 2nd 2022 about 4:15 p.m. person by the name of Whitey wrote what are you guzzling on correct yes and you wrote nothing writing a warrant is that right correct why you then share some sort of a video correct yes you remember that video being of the 1980s bandn warrant I don't recall the video he sent 0095 laughed and then wrote wait why does your leak correct yes that's what he wrote and then what did Doc write in response to that section the objection sustained I'll see it eyear take that down please uh Trooper Proctor without getting to the specifics of the words used in the following in the in the next exchange that you're looking at it's fair to say that your high school buddies then continue to discuss M Reed's medical issues correct ja that that's sustain come on Mr Jackson that isn't what you said you'd ask go ahead and ask the question you said you'd ask was there a continued discussion that finished on this subject matter yes on Monday you indicated that your conduct in this case and specifically your conduct as reflected in these messages how did you put it it it did not affect the Integrity of the investigation of your investigation correct that's what you said to the jurors correct you know what the definition of integrity is doing the right thing when no one's looking me the quality being honest and having strong moral principles correct objection s do you believe that integrity means being honest and having strong moral principles I believe that's part of it as well do you stand by that testimony that you were showing strong moral principles in this investigation sir in the investigation po absolutely through these text messages absolutely not they were Juvenile and regrettable when you say they're Juvenile and regrettable sounds like you're almost apologizing to the jury for your conduct is that what you're doing for those tax Jack sustained Proctor have you ever apologize to miss Reed objection sustained as a lead investigator in this case you were tasked with the responsibility of making sure that the investigation remained free of any conflicts of interest it's part of your job correct correct throughout the pendency of this investigation and this case you've denied having any conflict of interest in this case isn't that right correct in fact a couple of months ago and February of 2024 you testified in a different proceeding is that right yes and you testified under oath in that proceeding on February 1st that you did not know any members of the Albert family or mccab family correct certain members of the Albert family I did not know I know Chris and Julie and Colin I don't know I don't know the mccabes that wasn't my question did you testify let's take them one at a time did you testify under oath same oath you took here today in a former proceeding in February of 2024 that you did not know and did not have any relationship with members of the Albert and McCade families did you I haven't had a chance to reveiew those minutes I've only had one opportunity to and that was a couple months ago so I would want to review those minutes in order to answer that accurately you can't remember how you testified whether or not you knew or relationships with the Alberts and the CES objection sustained as you sit here right now you need to refresh your recollection you can't remember what you said objection do you remember what you said during that proceeding no would it refresh your recollection if you took a look at those grand jury minutes yes what page Mr Jackson this is Page 01563 I may have just a moment your honor yes I approach yes you'd review that and look up when you're finished [Music] there okay [Music] would that refresh your recollection about a question and answer that you had or series of questions and answers that you had while you're testifying under oath in that other proceeding yes sir Jackson may I we approach yes you were asked the question quote did you communicate with first assistant assistant DA belan that you did not know and had no relationship with the Albert and McCade families and you answered quote I to the best of my recollection the same conversation took place with everyone I talked to about this because it's the same answer it's the facts that I shared with everyone question meaning you told first assistant be uh beand that you didn't know didn't have a relationships with Jack members of the Albert and mccab fam's answer correct yes that's so your question is whether he said this correct whether that's his testimony you recall that yes and that's your testimony that you in fact told members at the DA's office that you did not know and did not have a relationship with the Alberts or maves is that right I did not know the maves I don't know most of them the Alberts and I have little to no relationship with Chris and Julie so that's what I meant by that answer well the question wasn't did you know most of the Alberts the question was did you have a relationship with or did you know the Alberts and your answer was no no I don't have a relationship with the the Alberts or know them I don't know the maves I don't have a relationship with the Alberts so you do Al correct I know some of them Julie and Chris and you and Colin correct correct and calm and you knew the Alberts when you gave this testimony in February of 2024 is that right yeah they asked if there was any relationships and let's try this again meaning told first assistant beand that you didn't know didn't have relationships with members of the Alberts and M sorry members of the Albert and mccab families answer correct was that ambiguous in your mind the way I interpreted relationships was basically being like friends or um you know Communications freaking Communications that's how I interpret it that might have been a good time to pipe up and say well I know Chris and I know Julie and I know Colin correct objection sustained that might have been a good time to answer the question I know these three individuals the uh from the Albert family right objection sustained but your answer was one word correct right yes you further testify that you never have gone to any supervisor at Massachusetts State Police to disclose even a potential conflict of interest in this case that you might have correct correct you indicated the needs never come up is that right correct you also told Ada L that you quote did not have relationships with I'm sorry did not have relationships or know members of the Albert or McCade families correct correct and that's just not true is it you did know you do know members of the Albert isn't that right it's different from having a relationship with people but what about part of the question did not have relationships or no members of the Albert or mccab Families how about that part of the question well that's lumped in with the maves I don't know the mccab family sir I see so what you did trip Proctor is you dissected the sentence and where relationships are concerned you ignore that in terms of the Alberts because you don't have relationships where no is concerned you you link that to the maves because you don't know the maves that's what you did no so it's sustained you can ask it you can break it down Mr Jackson not sure I can I'll ask it a different way how about if I just ask it this way that was a lie no absolutely not you stand by that testimony yes that you don't know the M you at the time that you testified that you didn't know the Alberts or any members of the Albert family they don't have relationships with them okay my question is you keep going going back to relationships I'm asking you did you testify that you didn't know them jaction I'll let him have it do do you understand the question trooper I it was Chris Julie and Colin so if you were to say I don't know any members of the Albert family that would have been a lie correct objection sustained your your honor this is the point at which uh I intend to turn to tab three and okay Jorge feel free to stand TR Proctor you've indicated that your sister is one of your best friends maybe your best friend yes Courtney Proctor that's your name correct elberg I'm sorry her last name elberg elberg with an L um and you're aware that she is also very very good friends with Jillian Daniels Julie Albert correct are you aware of of any circumstance in which any of the Alberts have been over to your parents house yes have you ever been over at your parents house when any of the Alberts have been at your parents house yes those Alberts include Chris Albert Julie Albert Colin Albert correct correct as a matter of fact you were honor around January 29th 20122 you were close enough friends with Julie Albert that she had your personal cell phone in her cell phone correct and vice versa I wouldn't classify us as close friends at all they get back to my question did you have her cell phone in your phone and did she have yours uh I can't recall if I yeah I believe I had her stored in my phone all right um if you would turn to Tab four and what was this marked for ID this was or tell me the numbers the bottom oh oh I've got the sheet right here I've got a cheat sheet Tab four is Triple B as in bravo any honor for the court I'm looking at page 2625 you have that in front of you sir yes sir do you recognize the the participants in this chat I do the number ending in 5374 you recognize that as being from Julie Albert based off the content of the message yeah I recognize this um text message from Julie and she texts this is the weekend I've been waiting for Michael please send ski videos If CP doesn't share with me with the laughing face correct correct that text was sent on February 24th 2022 wasn't it yes that was less than a month after Mr O'Keefe's death isn't that right correct and less than a month after you had been assigned to the investigation in which Julie Albert was a witness correct correct and her husband Chris Albert was a witness correct correct and her son you knew Colin was involved as well correct yes who is CP in that text message uh it's a nickname I have for my sister Courtney proor correct correct honor if I may have just a moment okay can we move to tr Proctor to tab five please that's Triple C isn't Charlie trip Proctor on January 19th 2022 10 days before Mr O'Keefe's death you were texting with your sister about whether Julie Albert might be available to babysit for your own own son correct yes so in fact your relationship with the Alberts was close enough that you would consider leaving your own child in the hands of Julie Albert as a babysitter as a caregiver for your toddler correct I wouldn't say close enough um I've HED babysitters that that out but I don't know but Julie Albert was among them yes she was an option to have watch my child and then you personally interviewed Julie Albert and Chris Albert in this case on February 10th 2022 s buan and I did yes and you didn't mention a thing about your relationship with Julie Albert Chris Albert or Colin Albert in any report that you ever drafted in this case did you I did not not one word correct no sir you interviewed Julie and Chris Albert at about 5:30 p.m. on the 10th of February isn't that right yes did either of them Julie or Chris Albert mentioned that their son Colin Albert had been at 34 Fairview Road on the night in question January 29th I'd have to reread the report to refresh my memory on their statements well let me ask it a different way if I may have yes you wrote a report on October 12th 2022 correct for which uh concerning your interview with why don't you show it to him and they have the wrong report do you recall trer Proctor ever mentioning that whether or not Julie and Chris mentioned to you that their son had been at 34 Fairview on January 29th do you recall that as you sit here to the best of my recollection uh no it was a very short interview with Julian Chris was it not uh typical length for the information they had to offer so you started the interview about 5:30 p.m. it must have been relatively short because you received a phone call uh by 617 from Julie Albert herself correct I don't have the call detail right in front of me but um okay yes let's look at tab six please this it may not be in your book it's not sir okay fair enough you indicated that you would you might need to look at a phone record or a phone log to determine whether or not that that call was made and what time it was made correct if you have that yes thank you there a highlighted portion trip Proctor Focus your attention on that and let me know if that refreshes your reflection it does sir thank you can I approach yes you received a after your interview you received a phone call from Julie Albert about 6:17 about 45 minutes after you began the interview and and then left correct yes 621 you called her back and you spoke for 3 minutes and 58 seconds is that right yes did you discuss the interview I don't recall the contents of that conversation and of course you never memorialized that in any report did you the fact that you had a subsequent phone call with Julie Albert on your personal cell phone I did not let's turn turn to um tab five one more time and if you could turn to page 2677 Trooper Proctor after your interview with Julie Albert your sister Courtney texted you how did it go at Julie's she was so nervous you recall that yes in fact you responded to that with a ha ha ha haa four ha right and then why question mark correct correct then you responded it was fine just a quick convo correct yes you literally reporting back to your sister about the progress of your investigation in a homicide investigation weren't you objection sustained you can ask it differently were you reporting your progress to your sister about your investigation objection sustained your honor may we approach okay may I yes thank you were you reporting your progress of your investigation back to your sister Courtney proor no absolutely not but you did say that the conversation the the formal interview went fine it was just quick condo correct in response to my sister indicating Julie was nervous that's why I told her it was fine trip Proctor Julie and Chris Albert were not actually treated like Witnesses in a murder investigation they were treated more like friends wouldn't you agree objection is that true absolutely not we've established that you're very close with your sister Courtney correct correct you provided your sister with updates on important advancements during the course of your investigation into this case did you not periodically I made her aware of newsworthy stuff that started as early as January 29th 2022 isn't that right uh don't the exact date or content well the day of the incident you began letting her know that you were involved that you had been assigned what the status was yes the nature of the case cor it was a homicide correct yes matter of fact you discussed who the players were who the people were that were involved isn't that right I just mentioned uh Julie and Chris were out earlier in the evening so you mentioned the Alberts correct Julie and Chris yes you also mentioned the caves too didn't you at some point yes yeah at 2668 your honor that's the the the page that I'm referring to this point you write homicide correct so I said 2668 correct I have my page number correct it's you're on the right page Mr Jackson thank you okay go ahead sir you wrote the word homicide is that right yes you were describing to your sister the nature of the case that you were now assigned is that right correct she wrote The Canton thing is a homicide and you wrote don't say a word to anyone correct correct and then she wrote of course not isn't that right yes and then you wrote what in the very least it's suspicious in the very least it's suspicious correct correct so at that time at least at the time that you wrote that text on the 29th at 3:05 in the afternoon you believed that the case was suspicious right was before we found significant pieces of evidence so you believe that it was suspicious that it may involve the alums right absolutely not she then writes this is your livelihood didn't she she did meaning this kind of case could make or it could break your career right she then wrote I would never mess with that is that right yes your sister Trooper Proctor was warning you that you shouldn't be investigating a case in which close friends or family members were involved objection did you take her text this is your livelihood I would never mess with that as a warning from her that you shouldn't be investigating a case that involved close friends Jack I'll allow it absolutely not the that was in response to don't say a word to anyone and that was how I interpreted this is your livelihood I would never mess with that couple of minutes later 307 on January 29th you told your sister quote Julie and Chris were at the bar with the victim and girlfriend got to interview them isn't that right yes so you were telling Courtney your sister updates on what your investigation advancements were correct interview why you're going to interview him yes she wrote you got to be kidding me correct correct did you take that as you got to be kidding me the Alberts are involved no absolutely not then you wrote it's not a big deal correct correct and then she wrote I bet I know the person sounds like it is meaning it is a big deal right yeah I'm not sure what she meant with those those messages there but she did write I bet I know the person didn't she she did write that yes and you know she's very close with the Alberts correct and she's close with Julie and Chris you then wrote no I meant or you wrote not I think you meant no I meant that they were at the bar with him correct yes she writes yeah I got that part and then she continues on but I know a lot of their friends correct yes did you see a problem in this exchange nothing jumped out at me your sister's literally explaining that your family friends are suspects or possible suspects in a murder investigation that you're in charge of correct objection on January 30th 2022 at 9:13 in the morning your sister texted you again quote Jesus Christ the party was at one of the Alberts correct yes and you two were discussing the fact that to put it in her words Jesus Christ these are our friends right jaction how did you take for Jesus Christ the party was one of the Alberts with two exclamation points how did you take that that's her the way I'm interpreting my sister's text messag was that surprised uh and uh shocked that this is where Mr O was found in the in the front lawn uh of that residence could it be Jesus Christ we know these people again that's how I read that message you don't deny Trooper Proctor that you were routinely disclosing to your sister pretty intimate details about the investigation correct I I wouldn't say intimate I'd say newsworthy stuff for just generic nothing well too specific newsworthy would You' have gone to the news at this point in the investigation would youve gone to the news and said Julie and Chris were at the bar I got to go and I got to go interview him allow that is that would you do Trooper no I would not do that sir so it's not newsworthy these were details internal details about the investigation weren't they yes and you were sharing them with your sister Courtney proin correct correct and Courtney doctor's best friend is Jillian Daniels and one of her closest friends is Julie Albert right correct then on February 1st 2022 your sister texts you uh that she's actually meeting with Julie Albert didn't she yes and that was before you ever interviewed Julie correct yes so it appears that Courtney was providing information to Julie of some sort before you were able to actually interview her is that right objection sustained she was let me let me ask it this way you don't deny that Courtney was meeting with Julie before you interviewed her correct correct and you don't deny that you had been providing information about the case with Courtney before you interviewed Julie correct provided information that Julie and Chris were at the waterfall and I needed to interview them yes that's the information I shared and who knows what you shared verbally not in text messages correct jaction did you uh we have text messages through proactor did you share other information on phone calls with Courtney no so the only information where to believe if you talk to her five to six times a day the only information that you claimed you shared with Courtney about the the details of the investigation are contained in these texts which we have Jackson I'll let you answer that can you answer that the information information that I share my sister contained within these texts yes you never discussed this case verbally over the phone or in person with Courtney on the phone I'm sure there's been conversations uh that's things that have you know been newsworthy items that have gone to the news and there's definitely been conversations and in that regard then before you ever interviewed Julie your sister informed you that Julie actually wanted to get you a gift for your participation on this case correct yes in tab five let's turn to page 2672 Tri Proctor the Court's permission may be publish yes that 2672 you see the text from you what's up yes and what's Courtney Proctor's response nothing I just saw Julie and she said when this is all over she wants to get you a thank you gift and I respond with get Elizabeth one hang on just a second let's take a one at a time you were asked about this on direct examination by Mr L right correct and you looked at the jurors paused and said I never asked for a gift I never received a gift Elizabeth never asked for a gift she never received a gift you remember that correct you said you never asked for a gift correct correct what's your next text get Elizabeth one get Elizabeth one what referring to a gift right so you did in fact ask for a gift didn't you for my wife who had been home with my children for the last 10 Nights from Julie Albert yes for your participation on this case I don't know if that's yes well Courtney Proctor answers that question by saying because I guess her and Chris were friends and John and she's so proud of you for leading this investigation correct correct you're aware during the course of your investigation well let me ask it this way let me ask a foundational question do you pull phone records as a matter of course in investigations of this nature yes did you pull phone records uh in this case variously the phone records of um of anybody Witnesses suspects not Witnesses Mr people whatever we didn't do we didn't pull full full uh phone records of witnesses victim victim and uh Miss Reed during the course of your investigation did you become aware that there were 67 calls between Julie Albert and your sister Courtney in the months following joh ke's death objection I'm going to sustain that objection did you become aware during the course of your investigation of the commun the level of communication between Julie Albert one of the Witnesses on the case and your sister jaction I'm sustaining that objection you can you can come try and convince me otherwise if you want Mr Chon I I can ask it a different way you're on thank you um did you ever seek information about phone calls and Communications that Julie Albert may or may not have been having with anybody else no didn't download her phone didn't see her phone records no did Courtney ever tell you that she had consistent Communications with Julie Alber or did you know that otherwise Jack during the months let me ask it this way during the months following John O'Keefe's death you did continue to have consistent Communications with Courtney though didn't you yes I speak to my sister every day Trier Proctor were you using Courtney your sister as an intermediary between you and Julie Albert absolutely not you well aware from the very beginning of your investigation that Colin Albert was in fact at 34 Fairview on the night in question right yes matter of fact you testified at the Grand Jury the state court grand jury on this case uh that you knew that Colin Albert was at the location right yes did you make any concerted efforts to keep Albert's name out of this investigation no why is it Trooper Proctor that Colin Albert's name fails to appear in a single police report until July 18 2023 Colin Albert was not at the home he left at approximately 1210 a.m. before um anyone from the waterfall had arrived back there let's look at obviously part of the the job of of an investigator is to be as complete and thorough as possible correct yes you don't just take someone's word for something you look for corroborating evidence don't you yes matter of fact you wouldn't take a witness's word for almost anything in a reasonable investigation would you objection would you you can have that if I believe find that witness to be credible and have no reason to lie then yes or take the award would you try to support a witness's statement or Witness is with an apostrophe s apostrophe their statements with corroborating evidence yeah potentially that corroborating evidence might be talking to other Witnesses right yes it might be looking at cell phone data correct correct it might be looking at geolocation data correct yes you're trying to find out where someone is you might pull information from their phone concerning geolocation data right yes you might pull cell tower information right if it's yeah if there's a need for it there's Myriad ways that you can find out whether someone's telling the truth about where they were and when they were there right right let's take a look at your handwritten notes from your interview with Juliana Nagel on October 5th 2022 uh this should be tab seven oh is it for identification my mistake I thought it was in the tab it's not uh this is a three-page document I'll just refresh his recollection with this okay show M and then go ahead of course let me ask a foundational question TR proor do you remember exactly what's in your notes from a a conversation that you had uh on October 5th 2022 I don't know you think it would refresh your recollection uh to take a look at your handwritten notes yes sir thank you take a look at that and first let me just ask you if that refreshes your recollection it does sir are those uh your notes your handwritten notes from this at least from partially from this investigation yes does that reflect your handwritten notes uh based on a conversation that you had with Juliana Nagel honor about October 5th 2022 [Music] for for there are you yes does this appear to be an accurate representation or accurate copy of your notes uh from your interview with Juliana Nel I with course permission I changed my mind I would like to have this marked this next introduced into evidence correct is there an objection yes the objection Su is it true that in your handwritten notes you list the following individuals based on Julian Nagel's conversation with you as being at 34 Fairview Brian Juliana Mary Kent Emily Fabiano Courtney Alba Colin Albert and Sarah levenson correct [Music] correct you then drafted a report memorializing your conversation with Juliana Nagel correct yes and that report is a formal a formal memorialization of your interview based on your investigation correct yes a summary of uh the conversation for the interview and that report is the thing that's turned over to the Commonwealth correct yes and the report is the thing that's entered into Discovery and provided to the defense correct uh and isn't it true that in that report you list the individuals that were at 34 Fairview is Brian Mary Kent Emily Fabiano Sarah levenson is that correct yes what's the one name that was left out of your report on that list objection how um was there one name left out great that down Mr Jackson sure isn't it true that in your report you excluded the one name Colin Albert from the list of individuals that were in your notes yes because he arrived later in the evening the other females were there from the start at the time that you wrote your report a formal report this one mhm you did not believe that your handwritten notes were also going to disclosed did you no I knew that was a possibility when you finally did get around to interviewing Colin Albert you personally conducted that interview did you not yes TR CL one time I'm sorry finish your answer Trooper please goad yes along with Trooper Zack clock in my office Colin Albert told you that he was picked up by Ali mccab from his uncle's house at 12108 a.m. correct correct Ali mccab also told you that she picked up Colin Albert at 34 Fairview at 1210 a.m. and then dropped him off at his house correct correct and then she indicated that she went straight home after that right yes did you conduct any further investigation to determine whether Colin Albert and Ali mccave were actually telling the truth about that time we did not just took them at their word correct yes Tri Proctor you realized you had a forensic image at the time you had a forensic image of Jennifer mccage cell phone in your possession right correct you're also aware that she has a Life 360 app on her phone that tracks the the location of Ali McCay correct I was not aware the app tracked her daughter I knew of the Life 360 app but it wasn't aware the capability of tracking her daughter did you bother to look at Jennifer mcc's Life 360 app to determine whether Colin Albert and Ali m were telling the truth about the time they supposedly left 343 jaction did you do that I did not let we take a look at Tab 8 do you recall looking at all at a Life 360 app or its uh its data from Cel Che did you or did you not look at get any data from Live 360 from Jennifer MC's phone jaction all right so this is a good time to take the morning recess and I'll see con 15 20 minutes all right Mr Jackson whenever you're ready thank you your honor uh triple Proctor did you include in your investigative file any celebrite report related to The Life 360 app that was on Miss mcc's phone that you earlier testified to um Trooper Gino was our cell phone expert kind of handled that so I'm not positive if that report uh if he generated that report okay so it goes without saying I I shouldn't say that because it goes without saying I shouldn't say it um did you review a Life 360 report in an effort to determine whether or not Callin an allen Ali or telling the truth no you grew up in Canton did you not yes uh I don't want to address uh but just generally as a crow flies uh how close would you say you live from the Albert Residence at the former Albert Residence at 34 k at 34 Fairview in K two three miles how about from the mccab residence again don't give me any addresses um maybe a mile you know given the fact that you grew up in Canton that it's about a mile walk through some Woods to get to Canton High School from 34 Fair correct yes did you have any Canton police officers canvas the area around the high school or uh filling stations around the high school gas stations around the high school uh for video surveillance video I'm sorry video surveillance footage no did you have any conversations with anybody from Canton about video surveillance concerning the high school and or surrounding gas stations yes who is that was offic of ganas can you turn to tab nine please first let me ask you if you recognize these texts with um with any individual yes I do how do you recognize those texts that was u a text communication between officer ganus and myself taking a look at those text Communications uh do you see the inclusive dates of those uh on the face sheet yes document I do what are those inclusive dates uh first message sent date and time February 18th 2022 102 p.m. last message sent date and time February 18th 2022 20:05 p.m. these are texts on a single day correct that's correct if you would look at page 2623 your honor may I publish you say any objection same one but I'll let you publish it thank you uh in this text you're asking a member of the Canton Police Department uh to look around the surrounding area of 34 Fairview Road for camera equipment correct I was asking if they had any knowledge of cameras in the area okay and of course that was to a uh an officer who was employed by which dep Department K Police Department which you knew at the time that you asked for assistance in February of 2022 had been recused from the case correct correct and should have no investigative involvement in the case correct I did not request for them to pull video I just simply asked what are some good cameras in the area which is an assistance for you in your investigation correct they have more knowledge in the area as far as useful cameras so yes I I reached out regarding cameras in the area or assistance from Canton PD Officers yes whom you knew to be refused yes yes um you specifically asked officer galanis whether quote the high school had cameras facing the street correct correct and officer ganis writes back the Canton Mutual Gas Station has unreal cameras that's how I picked up that kid uh and it had him walking into the woods by the new Street Lin Court correct correct you responded good to know I'll add that to the list correct yes did any of the reports you turned over in Discovery ever mention the Canton Mutual Gas station cameras or the cameras from Canton High School no because we did not retrieve any video from those locations and you didn't mention in your report that you even sought the footage from those locations correct I don't believe so you did say that you would add it to the quote list is that right yes and you're aware obviously as as a responsible as one of your responsibilities to maintain and keep your handwritten notes from all Communications all investigative activities involved in the case correct yes and you have no notes on this conversation correct [Applause] [Music] correct as the lead investigator trip Proctor you are responsible ultimately for deciding which witnesses will be interviewed and which witnesses will not be interviewed correct again mentioned yesterday on Monday Monday um it's a collaborative effort within the office so it's we Bon's ideas off each other as far as who's what Witnesses need to be interviewed Etc so it's um more of a group effort a group decision but as the case officer you make some of the final decisions on who's going to be investigated who's going to be interviewed things of that nature right that facil facilitate certain areas yes I want to talk about some of the witnesses that you interviewed in the days and weeks immediately following Mr O'Keefe's death you interviewed Brian Albert correct correct Nicole Albert yes yes Chris Albert yes Julie Albert yes Jennifer mccab yes her husband Matt McCabe correct all those individuals are related in one way or another either through marriage or otherwise to each other correct yes that's my understanding and you also interviewed Brian Higgins is that right yes I want to talk for a second about the individuals that you did not immediately choose to interview Julie Nagel wasn't interviewed until October 2022 correct correct that's seven months after the incident right correct uh Sarah levenson was not interviewed until October of 2022 also 7 months later correct correct Caitlyn Albert was interviewed July 6 2023 correct yes that's 16 months after the incident is that right correct Brian Albert Jr July 6 2023 right yes sir Ali mccab August of 2023 correct yes sir that's 18 months after the incident correct correct Heather Maxon she was not interviewed until September 21st 2023 17 months later correct correct or that's actually my math is off that's about 18 months later is that right correct uh Richard dantono September 2 2023 is that right yes so you waited more than 18 months to interview him as well is that right yes and then Brian lawrin snowplow driver August 2023 17 months after the incident correct correct I want to talk for a second about this last individual Brian laughren uh he also go goes by the name lucky is that right yes lucky laughren you testified under oath on April 21st 2022 in the State Court Grand Jury proceeding that no snowplow traveled down Fairview Road on January 29th correct correct why did you say that to Proctor that was based off interviews with uh Mr trod that the plows weren't out until they met up at 230 um and then was my understanding they were focusing on the main roadways you're aware that Michael TR to testified in this case okay were you aware or not no okay um You Did In fact interview Michael Trot did you not yes and isn't it true that Michael tro told you that in fact Brian laughran was plowing 34 Fairview that morning objection is that what he told you I don't recall that's statement from him Michael TR testify that that's what he told you do you have any quarrel with that Jack that's the in reality trer Proctor you did not want to speak to anybody in the weeks and months following this incident who didn't fit your narrative correct Jack I'll allow it is that true that's simply not true absolutely not certainly you didn't want to talk to anybody who could say that there was no body on the lawn at 2:30 in the morning is that right no it's not true are you aware that lucky laughrin in fact did report that there was nobody on so the objection sustained I'm going to strike that did you include anything in your investigative report throughout the entire time you've been in charge of this investigation about lucky laughran and his observations not until sag banic and I interviewed him and that was when uh I can't recall the exact date and that was after the defense brought him to your attention correct objection I'll allow it that true correct are you still the case agent in charge of this case yes as a lead investigator and the case agent you're aware it's also your responsibility and your obligation to investigate all potential individuals right all potential suspects yes you're obligated to in investigate anybody who would have a motive a means and an opportunity to commit the crime or the offense correct correct motive includes anything from financial gain to could just be Revenge right yes could be a lover correct yes or it could be someone who's interested in someone romantically correct could be an argument inside of a vehicle sorry I didn't I didn't hear that could you what was your answer so or could be an argument contained inside a vehicle as well ah yeah which is the conclusion you jump to 17 hours into your investigation right Jackson is that right it's something evidence we have contain within cell phones reiterates that fact you don't you on when you decided that you were going to make sure that the girl I think that's what you called it the girl who's going to have serious charges brought against her 17 hours into your investigation you didn't have any evidence whatsoever that there was an argument inside the vehicle did you to go towards Intent no but as far as the physical evidence goes we have compelling evidence indicating misre struck M thr Keef with her vehicle so you just did this Mr Jackson I just have to keep your voice up super Proctor okay Mr go ahead you just did this Pac mail so when you decided that the girl this re was going to get serious charges against her didn't have any indication of any intent you just decided oh okay I'm just going to go with the physical evidence today I'll figure out intent later I'll figure out motive later right yes motive means an opportunity we've talked a little bit about motive what about means the physical ability to to commit the crime that's obviously important yes and the opportunity a physical proximity to the incident correct or the physical ability to commit the crime correct correct did you investigate all potential suspects who would have had the motive means and opportunity to kill joh o'keef yes and [Music] that motive means facted in with the physical evidence pointed directly at Miss reing there's no no one else had any motive Mr oref never went inside Fairview Road and you got all that of course from the Alberts and the cages right yes Jackson oh it um let's talk about Brian Higgins for a second you know that name I do sir you personally interviewed Mr Higgins correct s mechanic and I did yes you keep adding other people into the interviews I'm asking what you did not what you and somebody else did did you personally Brian hi Jackson I'll all it yes I did he's a fellow law enforcement officer and you knew that right yes he was a colleague of yours correct he worked in a different agency yes you waited until February 10th to conduct a a prescheduled interview with Mr Higgins didn't you yes and you interviewed him in the presence of his attorney correct correct told you that he was engaged in a flirtatious relationship with Miss Reed he did as a matter of fact he told you that he was engaged in a flirtatious relationship with Miss Reed over text messages but on at least one occasion that resulted in a kiss correct yes and then he also told you that he had taken the Liberty to extract certain conversations from his own cell phone right correct he brought you a hard copy of those text messages right he did and you knew that those text messages were messages that he curated to give to you right yes he's the one that made the determination of what was important what was not important to give to you his interviewer right jackon was that your understanding Trooper it was my understanding was Mr higin was being very forthcoming by providing those messages um it's not uncommon for witnesses to take screenshots or send us emails or send us text messages so uh he just had a different means of producing text messages well you were actually asked that question in a different proceeding under different questioning and you were asked whether or not in your career as a law enforcement officer has any person or witness ever brought a self- extraction of text messages to an in-person interview correct jaction I'll allow it correct most answer was your answer was to Proctor you had never experienced that in the history of your career correct correct so you became aware pretty early on that Mr Higgins at least had a motive to want to visit harm on John O'Keefe correct Jackson it no absolutely not well you knew he had this flirtatious relationship with Karen Reed is that right yes you became aware that he ignored you saw the text messages you became aware that Karen Reed actually ignored text messages from Mr Higgins while at the waterfall bar and grill with John O'Keefe correct jackon I'll allow it yes and you're aware that at 12:20 a.m. Brian Higgins sent a text message to John O'Keefe coaxing him 234 Fairview correct Che I'll see you at Side Bar on this can I inquire yes thank you you're aware that at 2:20 a.m. Brian Higgins sent a text message to John O'Keefe prompting him to go to 34 Fairview correct objection I'll allow that one go ahead I don't recall that text do you recall a text from Brian Higgins to John O'Keefe after they left waterfall where are you at I don't recall that one either you also recognized recognized that Brian hiin certainly had the means to commit the crime correct no I don't he a big guy certainly had the physical ability to get into a physical altercation with joh O'Keefe correct Jackson I'll allow that just because he's a big guy doesn't mean doesn't have the means or the uh the I'm sorry the motive to hurt Mr O'Keefe I would ask they were friends I wasn't asking about motive I'm asking about memes could he do it could he throw a punch knock a guy down knock a guy out I can't speak to his um fighting ability sir well you've met him right now one interview yes yeah he's huge do you agree Jack sustained he's a big dude right yeah he's a big guy bigger than me right yeah bigger than you yep you knew that he was former military I did yes and he a trained ATF agent federal agent right yes and you were in possession of video surveillance from the waterfall Bar and Grill correct yes and literally in the minutes before John O'Keefe's death you saw video surveillance of Brian Higgins and Brian Albert taking fighting stances with one another correct I interpreted that as horsing around I didn't ask you how you interpreted super Proctor I asked you if you saw it objection sustained did you see it or not I did and what you saw was these guys taking fighting stances correct jackon is that what you saw playful fight stances but you waited until February 10th to interview him correct yes and you decided not to image his phone is that right correct you didn't ask for consent to search his phone or to take his phone correct no you didn't seek a search warrant to get his phone is that right no sir did you know that on January 29th at 2:22 a.m. there was a call between him and Brian Albert that morning I was not aware of that might have been important to your investigation don't you think objection I'll allow it depends with that I don't know what the call was about sorry that depend I don't know what the call was about I don't know if they actually connected and communicated what the length of the call was so right and you never asked did you I was unaware that call took place and you unaware unaware that that call took place because you didn't get his phone to propor right typically we don't get witness's phone sir you were unaware of that call at that time because you didn't see his phone correct ction over correct right the medical examiner notified you on February I'm sorry on April 28 2022 that the manner of death and her words could not be determined is that right yes she would not rule at least in terms of the manner of death would not rule this a homicide is that right that's correct and you agree that that's obviously a pretty significant finding objection I allow it um it her finding doesn't alter how we conduct our investigation whether if it's undetermined or rulle of homicide we're still going to continue to investigate One Way regardless of her determination you obviously were not pleased with that you not pleased with that determination right it didn't matter one way or the other because like I said we continue on with the investigation on April 28th that same day you received a text message from truper too correct yes you turn to tab 11 please what's the ID number this is 2618 I'm sorry tab 11 g g g triple G is in golf May yes uh do you have that in front of you uh trer Proctor I do sir you turn to page 2618 do you see a text message received from troa too with a photograph of the autopsy report yes and that autopsy report indicates undetermined is that right for Mana yes in response you wrote a text message to to Chico correct I did what was your response uh of course it's undetermined and then what else did you write uh she was a whack job of course it's undetermined she was a whack job [Music] right those are your two responses right yes you were talking about Dr scy Bellow the female medical examiner who came to the determination that this was undetermined in terms of the manner of death correct I'm not sure who I'm referencing as far as she was a wack job but um the of course it's undetermined is a sarcastic response with me have a moment your honor sure [Applause] the reason you referred to Dr scy Bellow as a wack job is because the cut and dry case that you had hoped for wasn't really going your way right jaction sustained when you referred to she's a whack job were you referring to Dr scy Bell I don't recall were you just pleased with the undetermined finding instead of a homicide finding because that was an obstacle in your investigation ja you can break that down were you displeased about the undetermined finding no would you have rather had a determined finding that it was homicide at the end of the day it doesn't matter to my office we still investigate the same exact way if it's ruled determined undetermined or homicide well then why would you say of course it's undetermined she use a whack job sarcastically a sarcastic remark I made to truo right which sort of suggests displeasure rather than the reverse right you'd agree that it's extremely unusual for the manner of death to be determined sorry to be undetermined in a homicide investigation you've worked on correct jaction how many murder cases in the history of your career have you worked on in which the medical examiner uh made the determination that the manner of death could not be determined jaction I'm going to allow that I wouldn't feel comfortable putting a number on it uh it's not a lot I couldn't put I couldn't ballpark it for you but I know it's not a lot chor you were asked this exact question in February of 202 4 at the at another proceeding and you indicated that you had never seen it in your entire career correct trying to yeah I'm trying to run well you were asked the question so first what do you mean by of course it's undetermined and your answer was I said it at the time it was kind of like not like figuratively of course it's and of course like I had never really seen that before in homicide in quote correct yes your statement in February of 2024 under oath was you'd literally never seen that in any homicide you've ever worked right yes after she reached that conclusion you discussed this with one of your colleagues um about how you tried to put pressure on her to change her or alter her opinion correct jaction I'll allow it is that what you did pressure absolutely not let's turn to tab 12 what's this for identification is this one I'm just checking this is HHH is in hotel you're for this one may I publish so I I've got them mmed what's the bottom what's the Bas sure it's 2632 the face page is 2628 that helps got it within that packet we'll turn to 2632 okay yes go ahead thank you for to begin with Trooper Proctor do you recognize the face page of that series of text messages in tab 12 yes is that the text messages between you and Trooper too one of your colleagues it is yes turn to page 2632 if you wouldn't mind tell me when you're ready go ahead sir trer Dio texted you rookie move not going into a meeting with the me and getting that homicide determination correct yes how did you interpret that rookie move not getting that homicide determination no one tributed it's him busting my chops and joking with me because you see it as your job you and trupo to go in and get the the homicide determination that's your job right not at all sir you're not looking so much for her opinion as looking to give her your opinion right absolutely not you responded Yuri and I who's Yuri s banic Yuri and I had two conference calls with her sent her numerous photos Etc we laid out the entire case for her that was your response correct yes you were explaining how much effort you went to to try to get her to change your opinion to homicide right jack no not at all the chico then responds not good enough should have had me and Jeff do it right yes that was his response busting your chops that you didn't meet the standard of getting her to change her mind to make it a homicide right that's what he was that's what he was busting your chops about we would never try to change the mind of a medical examiner the Doctor Who conducts the autopsy often has questions they want to know some the facts kind of what had transpired leading up to a victim's death it happens not only in homicides but the unattended deaths we also attend to you know suicide overdose so it's common to have these conversations with doctors right but in response to getting the information that she made the determination and held on to it that this was undetermined your answer was of course it's undetermined she was just a whack job right with sarcasm ultimately did the doctor change her opinion no but the determination of the medical examiner that didn't matter to you right because you had already decided you were going to charge Miss Reed with murder anyway you were actually asked this question whether or not it would have an impact on your decision notwithstanding what the medical examiner's decision was correct your decision to charge her is that right yes February on February 1st 2024 you were asked so what you're telling this grand jury today and you expect this grand jury to believe that you didn't care whether the medical examiner came back with a homicide determination it doesn't matter to you and your answer quote no because either way Miss Reed was going to be charged right correct that's how you make a case cut and dry isn't it objection it's the same in other words Trooper Proctor the hell with the medical evidence Karen Reed was going to be charged because that's what you had decided to do correct jaction I want to change gears for a second and ask you about some electronic data specifically as it pertains to Jennifer mccab you're aware that Jennifer mccab deleted texts and calls from her phone before she turn it over to you jaction I'll allow that are you aware of that I'm not aware of that are you aware that there were texts and calls missing from her phone before having been having that phone turned over to you I'm not aware of that did you look at the extraction report uh the celebrate extraction report from her phone I have yes and you didn't see the columns marked deleted deleted deleted deleted no not that area no no I'm sorry I didn't hear you not that area not that area meaning no what does that mean I don't know what you mean by not that area I went through her the Cel report but clearly I didn't review that tab so as you sit here you're unaware of whether or not multiple texts and multiple phone calls were deleted from her phone that you have in your possession Jackson I'll allow it yeah I'm not aware right now sir as the case agent as the case officer do you believe it might be important to find out whether or not that phone appeared to have been manipulated or altered in some way before it was turned over wouldn't that be something that you would normally do that would be important but you didn't do it with Jim M's phone I didn't personally handle that no did you ever seize Nicole Albert's phone no you ever sees Brian Albert's phone no Colin Alberts no Chris Alberts no Julie Alberts no were you concerned that if you seiz any or all of their phones especially Colin Julie and Chris that there might be some indicators that you knew them on those phones no that thought never crossed my mind but the fact remains you never sought to seize any of those did you no I don't and you never asked irrespective of what you saw in the celebrate report you never asked Jennifer MCC whether or not that was a complete and thorough a complete and accurate I should say uh let me ask it a different way did you ever ask Jennifer mccab whether or not she ever altered anything on her phone before turning it in I did not again I didn't handle Miss McCabe's phone I do the cell phone exraction on it I want to ask you about another issue concerning a potential conflict of interest you were well aware that Canton PD was supposed to be we talked about this at some length conflicted off the case as of January 29th 2022 right correct you even put it in that text message knat it's total opposite they have to recuse themselves BPD same with K right yes those are your words on January 29th right yes and you knew that the reason for one of the reasons for kanton PD to recuse itself is because of the relationship between the Albert and one of the detectives on Canton PD Kevin Albert right correct you knew that Kevin Albert was the primary source of the conflict correct yes and you knew that he above everybody else should be completely removed from any contact with the investigation or the investigators right correct yet when you wanted to coordinate Witnesses for interviews in this case who'd you turn to I texted Uh Kevin Albert to see if he could secure a conference room for uh us to conduct interviews at the station the same Kevin Albert to help coordinate these witness interviews who's the brother of Brian right yes you could turn to tab 13 please your honor for the Court's edification it should be I I I all right thank you in India thank you do you have that in front of you CH Pro Proctor yes I do if you'll turn to page 2591 Court's per Mission I like to publish okay can you see that on January 30th 2022 at about 11:55 a.m. Kevin Albert texts you on your personal cell phone Paul G is reviewing the reports now Steve serif is here if you need to interview him and we can call Steven melany in as well end quote you see that yes who's Paul G uh Lieutenant Paul gallago so Paul Kevin Albert a Canton PD officer an an Albert is texting you about Paul Gallagher another Canton officer about interviewing Steve Sharaf another uh Canton officer and Steve malany a second Kon officer correct correct what investigation was Kevin Albert referring to in the text the death of John O'Keefe this investigation correct did you tell tell Kevin Albert it's completely inappropriate for him to be involved in this case at all I did not did you tell him he shouldn't be having any contact with any of the witnesses and he shouldn't even be having contact with you did you tell him that I did not what you did write back was quote okay Yu and I are coming in at 1 to interview a firefighter Katie correct that's right so not only did you tell them that you were engaged in in uh the process of obtaining interviews you told him the name of the interviewee right yes and you were going to do it at Canton PD correct correct so you're sharing information about the ID identity of witnesses that you intend to uh to interview with Brian Albert's brother right yes then you asked Kevin Albert to actually contact the Witnesses in order to schedule their interviews didn't you yeah I believe was uh officer melan and siif page 25 you te I'm sorry Kevin Albert texts okay so I'll get Melania in as well you inter interviewing her here and you respond yeah if we can line them up for 130 and 2 that would be great correct yes so you leaving it up to Kevin Albert to contact and coordinate with the witnesses that you intended to interview at Canton PD correct jaction I'll allow it correct you then answered anytime in the ballpark I'm sorry yes you answered anytime in the ballpark then you went on and said from 1:30 on correct yes Kevin Albert then says okay sounds good and then he responds if you want to interview Witnesses in the recorded room here you're more than welcome you see that I do he was referring to an interview room or an interrogation room room where there's ctitious recording devices correct yes that's to help facilitate memorializing interviews that police officers want to take with any witness in a in a crime right correct that would mean that if you used a recorded room those recordings would be in the hands of which agents that's why we did not use that recorded room but he offered didn't he offered we did not use it you see that as a problem that he offered yeah no I don't sir you see that as a problem because he might I don't know take some of those interviews and forward them to his brother jaction San you can ask it differently Mr Jackson did you were you concerned that Kevin Albert was offering to utilize canton's recording programs facility in order to get access to what the Witnesses were saying so that he could then forward that or tell his brother no never crossed your mind never well if it never crossed your mind why didn't you go ahead and use the recording you typically don't record our interviews that's not what you said a second ago you said the reason we didn't use the recording room is because of the obvious possibility that Kevin Albert and campon PD could have access to reps objection Su didn't you say that's why we didn't use it no that was your answer right no what did you say that we didn't use it you when I said if you made a recording it would be in the hands of which agency obviously Canton PD and your answer was that's why we didn't use the recorded room right no I don't recall saying that's why we didn't use the roam you just said it to project Ian it's been 10 minutes been four minutes no you don't remember that not specifically stated like that all right let me ask a different way if you weren't concerned that the interviews could be compromised by Kon PD and Kevin Albert why didn't you just use the room it was offered up we again we T typically we don't record uh interviews with a cooperating witness we just sit down with them take notes um if it's someone we deem necessary they actually have a recording of then we'll pursue that option to Pro Proctor after you knew that Canton Police Department was conflicted off the case you continue to have a very close relationship with yet another Albert kep Albert correct we worked on a Cold Case together so you did have a close personal and professional relationship with Kevin Alber didn't um I'd say it was a professional relationship only a professional relationship him and I were members at a gym together and we worked a Cold Case together for several months drinking socializing maybe once in a while right so it went beyond professional right the acquaintances drinking acquaintances right several on several occasions yes socializing acquaintances right on several occasions so when you told the jury a few minutes ago that you were aware of and knew of but didn't have relationships with three Alberts Julie Chris and colen not quite true is it jaction sustained there's a fourth Albert out there isn't there right yes but you didn't tell us about that one jaction I'll allow it correct I don't consider that a relationship it's uh well let's look at that five months into this investigation in July of 2022 you were actually continuing to socialize with Kevin Albert weren't you yes on July 19th 2022 you and Kevin Albert went out drinking together didn't you CH Pro Proctor I'm not asking to look for anything in the in the binder at this point I'm asking for your memory I don't recall that you don't recall the date or you don't recall July 19th 2022 you don't recall the drinking the date itself sir why don't we turn to tab 13 yes sir do do I have a number or a letter we're still in tab 13 13 all right so what page Mr Jackson page 262 may I yes thank you trip Proctor are you on 2602 I am the fact of does that refresh your recollection been on July 19th 2022 you and Kevin Kevin Albert have' been out drinking together it does in fact the two of you got so drunk that Kevin Albert left his badge in your Cruiser and couldn't find his gun the next morning right Jackson overruled I can't speak to any level of intoxication but uh I don't recall any of us either of us being um intoxicated got it so isn't it true that at 7 on 7:20 July 20th 2022 the day after at 8:39 in the morning you texted Kevin Albert quote found your badge in my cruiser this morning end quote correct yes then you texted him I can leave it in my locker at the gym drop it off at your station or leave it in my mailbox correct correct Kevin Albert responds my mailbox did I take my gun and then included a wizace Emoji correct correct so the fact of the matter is YouTu got so drunk that he couldn't find his badge and had to ask you the next morning where his gun was right again I can't speak to any level of intoxication whether he just forgot it I don't know not asking you about his being AC trer Proctor I'm asking have you seen drunk people before yes you've been drunk before yes I have sir we've all been drunk before right yes was he drunk were you drunk that night I don't recall was a long time ago but he left his badge in your Cruiser after a night of drinking isn't that right yes which means you were drinking and driving in your Cruiser right from what I remember we were down the cap working on the Cold Case together and I stopped for dinner had a few beers and then dropped him off the next morning Kevin Albert also texted you at page [Applause] [Music] 2606 starting with it's bad tell me when you see that okay I see it may I publish yes Kevin Albert responded it's bad Exclamation point Exclamation point I was hung over for sure today Exclamation point Exclamation Point couple tonight to make me feel good end quote correct correct we can take that down does that refresh your recollection that two of you had been out drinking the night before he got so drunk that he couldn't find his badge and couldn't even find his gun um yes it does refresh my memory and you're in your Cruiser F yes sir and this is with Brian Alberts brother super Proctor correct I'm going to change gears trer Proctor you personally collected joh O'Keefe's clothes from the hospital at Good Sam in Brockton did you not I did I'd like to at the time you were at Good Sam you actually had the opportunity you had the occasion uh to see Mr O'Keefe in the hospital correct yes you also had the occasion to see his clothing in the hospital correct yes that's the clothing that you ultimately gathered is that right correct um can I approach you yes you can take a look at that M tell me if you recognize it I do that a photograph of you I'm sorry it's not of you but do you see your legs in that photograph yes okay and you also see uh the legs of Mr o'keef on the hospital gurny correct I do and you see a pile of clothes there correct this marked and AD objection no you're okay ex 5 568 yes thank you thank you witness's phone sir you were unaware of that call at that time we ready may I inquire yes thank you uh request um the Court's permission to publish okay do you see this uh do you see the photograph in front of you is that the same photograph that's been published up on the television screen yes sir directing your attention to the leftmost portion of the photograph you see the close uh first the close on the on the ground I do yes okay that appears to be what what what items or articles of clothing do you see um the T-shirt possibly the [Music] jeans gray shirt as well yeah yes okay uh and those are your legs to the uppermost part of the screen correct I believe in the blue pants yes and do you see to the left most portion of the screen chair I do see what's on that chair uh my that's your portfolio it is okay uh that's something that you carry routinely as you're investigating um during the course of your investigations yes you keep your notes and things of that nature yes pens paper correct all right uh we can take that down you indicated that you took possession of those clothing items from Good Sam American Hospital correct you bagged them bagged b a d bagged them yes and then what did you do with them after that uh we secured them in Sant mechanics pickup truck and then what happened to them after they were secured in his pickup truck uh we traveled to dayon to Mr Reed's house once you ultimately got back I don't want to have to take you through the entire everybody knows where you went Sergeant mckenic already testified you get back to Kon at some point correct yes uh ultimately were the Clos transported into the uh your facility yes at the DA's office correct okay what did you do with them after that we brought them to the processing ask you what you did not what we did what you did so banic and I brought them to the evidence processing area laid out Butch of paper so the clothes could dry put them on the um in that area and then I brought two cell phones to Triple Gino so we could try to attempt to extract the phones did you what did you do with the uh the clothing after it was dried out so the next day Tri toico uh arrived and brought them into the permanent evidence area where uh only him and another Trooper my office have access to um so they were secured from that at that point so you didn't book them into evidence I did not no they're book into evidence there's supposed to be a log of that correct I'm sorry there supposed to be a log of that and they're booked into evidence correct yes you're the case officer on the case one of your responsibilities is to make sure that chain of custody is maintained throughout the entirety of the investigation all the way up to a courtroom correct yes where's the log of those items being booked into evidence there was a chant of custody from when they entered the fac uh the DA's office and then uh when Tri Chico um created a label for also put them in a secure facility can you show me where that is I'm not the evidence office I don't have that I see so you didn't bring a log with you of any sort of any sort concerning the chain of custody of these items correct no as a matter of fact the reason you didn't bring that chain of custody log is because none exists isn't that right objection sustain ask it differ does a physical log exist starting from January 29th 2022 to today yes where is that physical log sir who I'm not the EV I'm not an Evidence Officer so I don't know how that yeah so I don't know how that's generated right so as the case officer you have no idea where an Evidence log is that has something as insignificant as I don't know the victim's clothing objection sustained the fact of the matter is the evidence log attendant to this case regarding those clothing items starts on March 14th when they were taken to the crime lab correct that's when the clothing was transported the lab and that's the only log we have of what happened to those clothes between January 29th and today jaction over do you know that I don't I'm not off the top of my head ma'am I want to talk for a second about the searches in Brian Albert's front lawn that took place on and after January 29th 2022 as a case officer Trooper Proctor you also took control of the tailight pieces that were ultimately claimed to have been found at that location correct not in all searches which of the pieces that were found were you responsible for taking control of the 8th 11th and 18th so who had control over the items that were found before the 8th you said the 8th 11th and 18th right those are items that I had found on those days and that I had um processed and essentially bagged and tagged them and handed them over to our Evidence Officer there was multiple days that Troopers are out there looking for more evidence so there would be a log of that too right again the how the system works as far as the evidence comes in I can't speak to that so you have no idea what the chain of custody of any of these items are the clothing or the tail light material from January 29th until March 14th when the evidence log starts is that what you're saying Jackson I there is a there is a log I mean it's in our system where uh labels are created and it it generates the time and date that a label is created um and then it shows that it's at our office in a secured facility and then was brought to the lab on the 14th what happens if the label is created and says something like I don't know February 4th what happens to the items before February 4 they were stored in a secured facility a secured room says who where's the loog jaction Su where's the log facility a secured room says who where's the log objection sustain is there a log of [Music] that not to my knowledge you were responsible for seizing Miss Reed's car correct yes and you originally claimed that that seizure took place at 5:30 p.m. is that right correct you signed numerous affidavits uh under oath claiming that you did not seize Miss Reed's vehicle until 5:30 p.m. on January 29 2022 right correct at the time that you seized mre's vehicle you were unaware that there was alarm.com surveillance footage of the area from which the car wased correct correct the fact of the matter is that was false the car was not seed at 5:30 was it 4:16 p.m. right an hour and change an hour and 18 minutes hour and 20 minutes earlier is that right yes did you ever seek to change or uh uh amend the error the false statement about the time so received seized in any of those documents that you filed under oath when I in incorrectly transcribed the times uh it was on the first affidavit I had written and then as I continue to write other search warrants I use that as a template so I never caught on the first one and that's the reason those times are off on the other affidavit I wrote so the first one was false and then every single one after that was false too it was just an incorrect [Music] um transcription of time an incorrect trans transcription of time call that I don't know aer's error objection ask it differently sure was it a typo yes was a typo so you got the four wrong you got the one wrong and you got the six wrong and those turned into five and three and zero right they would typo sir okay um fact of the matter is you delivered that car to Canton PD to the sallyport garage before a single piece of tailight material was ever found in this case Trier Proctor is that correct correct it arrives at 531 and you also towed it to the Canton Police Department because that was conveniently close to the location at 343 to the crime right that was not my decision ision whose decision was it I don't recall I know that you're the case officer I wouldn't who decides it wasn't my decision I did not make that call Sir so who who are we pointing the finger at was it Sergeant penck Jackson ask it differently Mr Jackson was it Sergeant buenik who made that decision to transport it to Kon it's a supervisor's decision I don't know who came from was it liutenant tul again I don't know who we came from so you were just following orders yes got it um you are aware that Massachusetts State Police your agency actually has not one but two Barracks one in Middleboro one in Foxboro that are both closer as Crow floods than the Canton PD Sal one from where the car was towed correct yes both of those facilities were passed by and the car was placed at Canton PD s at 531 or so right yes and you're aware that that sally port is about 3 minutes 34 fairv yes just me on yes trer Proctor you the lead case officer on this case um that means that you were required to collect and maintain all the videos that were pulled in connection with this investigation correct correct and you obviously are aware of your legal obligation to turn over any and all exculpatory information that you were to come that you might come in possession of correct Jacks that's sustained you did pull a lot of video in connection with this case did you not yes about 290 videos from The Ring camera located in the driveway at one Meadows that sound about right I don't expect you to have counted every single one but just under 300 correct a ton of them right yes another 140 videos or so from the front door ring camera of that same location one Meadows right yes nine videos from the waterfall Bar and Grill yes eight videos from the Temple Beth yes facility five videos from CF McCarthy's yes four dash cam videos correct two videos from Canton toown library correct two videos from Cassie's corner store right yes two videos from the Cars test on Miss Reed's vehicle is that right yes and two videos from the location at 34 Fairview where individuals were using leaf blowers correct all of those I did some rough math 360 odd videos uh were handed over to the defense in are about June of 2022 is that your understanding objection that's the state they were provided into Discovery to the defense ultimately right okay yes sound like I don't expect you to have the date down pat but spring of 2022 sound that right spring early summer yes all right but there was additional video surveillance footage that you chose to hold back from that Discovery correct jackon did you hold back videos I did not your honor okay next question there's surveillance video from Canton Police Department's sallyport garage that wasn't turned over right that video was discovered later on and then handed over the first time you revealed the existence of that footage was in that separate proceeding in February of 2024 isn't that right yes you were questioned about it and you knew you were under oath at the time correct correct and that's when you disclosed yes there is sallyport footage and and I've seen it the video I was referencing was the exterior sallyport camera where you can't make out anything well let's talk about that for a second the exterior you said exterior outside correct meaning the one of the driveway right and you say you can't make anything out now there's two different ones there's a main driveway camera and then there's this exterior sallyport camera you were asked about this set of videos at that other hearing right uh yes and you indicated at the time that there was one grainy video look sort of mainly black and grainy yes and another one that showed you and Sergeant uken arriving at kanton PD behind Miss Reed's vehicle on the tow Tru is that right yes you were asked very specifically are you aware whether there are any cameras in the garage in the sallyport where Karen Reed's SUV was parked and your answer was yes right in the garage are you aware whether there are any cameras in the garage in the sallyport where Karen Reed's SUV was parked and your answer was yes right in the garage yeah I I don't recall um do you recall being asked that question no I can repeat it if you wish yeah please question are you aware of whether there are any cameras in the garage or sallyport where Karen Reed's SUV was parked answer yes okay and then you answered have you reviewed the video footage of that garage answer I saw one very grainy video and then another of Sergeant buenik and I arriving in the main entrance around 5:30 following the vehicle period you remember that answer yes that clearly was an answer to the question did you see video of the interior of the garage right J sustained ask it differently were you answering a question about video inside the garage no was answering the question about what video I observed and it was exterior video that I observed although the answer to the question was cameras in the garage or for question if I was aware of any and your answer was yes and then the next question is have you reviewed the footage and your answer was I saw one very grainy video and then another sergeant binck and I arriving in the main entrance around 5:30 following the vehicle right that was your testimony yeah those two videos I'm referring to in the exterior of the building question when did you watch the video from the sally port answer I haven't reviewed it sir in quite some time so I can't recall what's on there end quote you remember that yes so obviously at the time in February of 2024 you had had that video surveillance you had had that footage for so long that you couldn't remember exactly what was on it because it had been quote quite some time right the exteror Sal Point camera except you weren't asked about the exterior you were asked question when did you watch the video from the sally port right that that was the question well that was the video we had so that was how I referenced it there was the exterior sallyport video why didn't you say to the person that was questioning you under oath I don't know anything about video inside the sally port I'm referring to outside the building why didn't you say that and clarify it I should have clarified it sir because you'll agree it sounds a hell of a like an awful lot like you're talking about what's inside the sallyport right objection the next question you were asked why did you review the the video of the sally port answer we review every video we pull and we pull a lot of video in quote do you remember that I do not one word in that testimony not one word says exterior does it no it does not you testified that you had obtained and reviewed the sallyport garage video so long ago that you literally couldn't even remember what was on it right correct you did know however that if you had video at the sally port it would clearly show that Miss Reed's vehicle arrived at 5:30 531 right you knew that correct yes from the uh driveway camera but you withheld that video out of 3060 odd videos that you turned over you withheld that one and never mentioned it until February of 2024 correct jaction is that true that's I'm not aware of that withholding that on April 4th 2024 2024 it's getting late on April 4th 2024 you turned over one video from the interior of the sallyport garage correct yes sir the interior not the exterior right correct and that remarkably enough was a grainy video right yes and that video is missing the precise time that that vehicle was delivered to the sally port correct jaction was it noow it I don't recall it's missing 42 minutes at the beginning and it jumps from 5:08 p.m. to 550 p.m. correct jaction sustained have you reviewed the video yes did you see that the time stamp jumps from 58 to 550 objection sustained you a house I'll see you Side Bar if you want you reviewed the video the gravy video correct yes and that's from a camera perspective that would show or that does show the right rear area of the SUV after it's pulled in correct yes did you note that the time jumps from 508 to about about 550 at the beginning of the video yeah I observe a jumping video that was about 42 minutes correct approximately yes you're aware that there's another video from the interior of that sally port as well correct yes and you're also aware that that by the way did you secure that video the second one let let me ask you a predicate question because it's a little confusing the second video from the interior of the sally port is inverted MH correct yes you're now aware of that I am did you recover that video I did not who did uh I believe detective Lieutenant Tully received that from um the can police chief raffy I believe so who asked for it I'm not sure sir that did you make the request I did not how did you become aware that a request had been made uh I was made aware that that video had um essentially existed from the the interior Sally area by who I was probably informed by detective Lieutenant Tully so Lieutenant Tully tells you that a second video exists correct in interior sallyport cameras yes when did he tell you that I don't recall was it weeks ago or years ago that was more recent you know maybe months ago a month ago a matter of fact it was after the trial had already started mid April correct I don't recall I thought it was before if it was before was it weeks before days before I don't recall I'm just trying to pin down like are we talking about six months ago or we talking about six weeks ago yeah it wasn't six months ago okay so a few weeks ago you were told about the second video from Lieutenant T right yes did he did he tell you he had already seen it I'm sure he watched it did he tell you he needed you to go get it Jack I'll L that no okay so when was the first time you saw it few weeks ago month ago what were the circumstances in which you saw that video uh just reviewing the video where in my desk so you pulled it pardon me you had access to the video yes was on your system somehow uh it was on thumb drives on a disc you put that in your computer and just decided on your own to to watch it correct yes and what did you notice uh one the SUV being brought into the garage um you're in the video right that's you toward the back of the truck yep I'm in the video um some C members C PD members there as well um truck guy drops the vehicle off um he's in the front driver's seat exits Ser mechanic's there I believe Chief B Burt the retired police chief where was he he was kind of like mulling around the area I feel like he was towards like the back open um garage gate there the back like the rare yeah um where you were yes uh was he the person did you note that there were certain individuals that just seem to apparate out of nowhere just appear yes there was one individual like the top left corner of the video pushing a broom that kind of just appeared and also toward the back of the vehicle somebody just oh you were at the back of the vehicle just sort of appeared and walked out of the S correct yes and was that cheap peritz yeah that's my it looks like them yes okay so you and chief burkwitz are both toward the rear of the vehicle he just operates out of the out of thin air because the the the video is missing some footage correct it appears that way or it skips I'm sorry I didn't interrupt you it or it skips I I don't know that that system at all so okay and you're holding uh what appears to be that same black portfolio that we saw in the in the hospital yes so anything else you noticed was odd up the video other than the time skips um so the time stamp in the bottom was inversed was It reversed I beg your pardon yeah the time stamp on the the bottom of it was it kind of with backwards is it blue so instead of reading left to right it was right to left okay was it blue believe it was yellow so the video you saw at a time stamp that was inverted correct yes how about the video itself is that inted no from the the video I saw the way the vehicle's brought in in relation to the garage and the doors into the PD it was uh wasn't reversed or inverted it was or was not was not so as you saw the video the portion of the vehicle that purported to be the passenger side was in fact the passenger side and the vehicle the side of the vehicle that reported to be the driver's side was in fact the driver yes so I reviewed video yesterday just uh rewatch it and the one that I watched had the correct angle wasn't reversed the car was brought in tow truck driver gets out from the driver side it wasn't reversed the only thing reversed on it was like the time stamp on the bottom well were you watching video that was produced in this trial yes so were you aware that the defense presented a piece of evidence Jack thank you were you aware that the defense presented a piece of evidence where we inverted the video back to the correct no it's not and that time stamp was inverted I was not aware of that when did you watch that that video uh just the other day was reviewing it Mr Jackson we'll take our lunch and break okay it's fine thank you all right Mr Jackson whenever you're ready thank you honor Triple C before we broke we were discussing sort video that you watched several weeks ago I want to make sure I'm clear about this you indicated that the video that you watched was proper in terms of orientation but the time stamp on the bottom had been in correct yes that's the way it appeared and you recall that being a yellow Chiron underneath the best in other words the font color to the best of my memory yes which of the Canton Police Department videos were you responsible for retrieving if any uh I did not retrieve any of them so what I'm trying to ask is and maybe I'm doing it in artfully how did those sallyport videos end up in the possession of the Commonwealth what was the the line of succession uh detective Lieutenant Tully retrieved uh the sort videos I believe and do you know from whom he retrieved those sort videos I believe it was I believe it was the chief of police okay chief rafy specifically gave him whatever videos were provided correct that's my understanding and then he provided those to you for your review yes I want to stay on the subject of videos for a second but shift gears to the ring video footage you've already testified that there were uh several hundred Ring videos from One Meadows from both the facing the driveway and the front door camera correct yes as the case officer you obtained and controlled those Ring videos from from the from one Meadows from the moment that they came into Massachusetts State Police custody until they were handed over to Comm correct yes they were archived you drafted the search warrant for the ring video access records correct I did you obtained the uh the warrant returns once those uh search warrants were executed correct I did you took possession of Mr O'Keefe's cell phone physically correct yes and you had access to Mr O'Keefe's ring account in in that cell phone is that right correct you indicated that you reviewed several of the videos on his ring app on his cell phone is that right yes so you obviously had not only possession of his cell phone you had possession of his login account information to get into the app on his cell phone is that right I don't believe we had the password we had is uh email account associated with the rink which means some or another you could get access to the Ring videos correct and watch those Ring videos on his uh app on the phone yes which means you had full access to the app you could uh keep videos you could save for later you could delete videos you could do anything you wanted to within that app correct yes those are the capabilities within that app Trier Proctor did you delete any of the Ring videos ever from joh O's phone absolutely not did you delete a video Miss Reed arriving to one Meadows at approximately 12:41 a.m. on January 29th 2022 absolutely not you will agree TR Pro Proctor that the video of Miss Reed returning home from 34 Fairview at approximately 12:41 a.m. is not there correct as the case officer uh you're aware that Trooper Pro I'm sorry Trooper de Chico also reviewed some or all of the those videos correct yes and he did that at your request correct um he took notes of his review of those videos correct yes and then he provided those notes to you so that you could then memorialize those notes and your notes in a broader report that you then drafted in November of 2022 correct the memory serves me the report I wrote regarding the ring camera was based off my observations uh of the videos that I had watched but you certainly did have as you just indicated you did accumulate his notes and review his notes as well as your own notes correct I best of my recollection I wrote that report off of my notes did you actually at any point before writing your your report did you note or did you review his notes I can't recall you asked him he he reviewed the videos at your directions corre at your direction correct yes and obviously he would have wanted to provide you whatever insights he had into his review of those videos otherwise what's the point right correct so when you reviewed his notes did you see that they were on some sticky pads you remember that that sounds about [Music] [Music] right do you recall exactly as you sit here exactly what was on one or more of those sticky pads that you reviewed from Trooper to Chico I don't know would it refresh your recollection if you would look take a look at a copy of those notes yes [Music] yes may yes if you would mind taking a look uh at the topper the uppermost top note uh that's highlighted with a sticky note next to it okay sir thank you mayor approach yes thank you [Music] sir do you have these notes in mind specifically the uppermost note the 0041 correct yes all right you reviewed this previously before you wrote your report correct yes all right uh and you note that at 004 one which is a Time relative to what Deo was looking at on the ring video he indicated tail light from Drive tail lights from driveway parentheses I think she arrived home in parenthesis correct correct 0041 is what is that in reference to just after midnight the approximate time where Miss Reed will be returning uh from favie Road it's military time for 12:41 a.m. correct yes you wrote a report on November I'm sorry I earlier said November it's actually June 1 2022 memorializing the times memorializing the times that were of note to you in that ring footage correct yes do you recall every single entry that you made concerning the events that were of note to you that were reflected in your report uh the majority of them not every single one would it refresh your recollection uh to look at a copy of your report to determine what all you did and did not note yes sir approach sure do you have it with you Trooper do you have your report with you I'd ask you to review that report especially as to page two and three Trooper do you have those events in mind I do your report is dated June 1st 2020 2022 correct correct and reflected in this report are the bullet points of the times that you found of some note in your review of all of the Ring footage from one Meadows correct yes in your report there is no mention of the footage showing Karen re re arriving home at 12:41 a.m. correct correct and that's not withstanding the fact that in Trooper too's report sorry in his handwritten notes he makes note of an event at 12:41 a.m. indicating I think she arrived home correct correct so sometime between when Trooper diico wrote his notes and when you wrote your report that video footage vanished there's also no date on TR Chico's notes we have many dates from ring video so I don't know if he's referencing a different date well you're aware that the video footage from 12:41 a.m. is gone correct yes it's something I've tried to find through ring for months as well as the video when Miss Roberts Miss mccave Miss uh Reed arrived back at John's and they're looking at the broken tail light that video is gone as well so at some point while this footage was in Massachusetts State Police custody and being reviewed by Trooper toico that video existed didn't it objection the objection is sustain Mr Jackson don't wave that again okay yes the fact is not withstanding Trooper too's handwritten notes there's no video 1241 in January 29th is there no there isn't Trooper Proctor would you agree that from the very beginning of your investigation you treated Karen Reed very differently than you treated the Alberts and the maves in this case jaction I'll allow it was she treated differently absolutely not we've like I've said before we follow the facts and the evidence an open mind did you consider her to be want of a better phrase an outsider no not at all not somebody from Canton no not at all not family not friends with the alums absolutely not at some point your view of this case caused you to turn what could be described as a bias into an out andout hatred would you agree with that jaction sustained did you develop some sort of hatred from this Reeds at any point in your investigation I'll allow it again we follow the facts and evidence which showed Miss Reed hit Mr o'keef with her vehicle and yes at times I got emotional because of that and I said some stuff texted some things I shouldn't have it was based off the evidence as a matter of fact you did express your feelings about Miss Reed and yet had another text message that we haven't gone over yet today is that right on February 4th 2022 might as well turn to tap 10 tap 10 it's either the bait stamp or the this is tripx and the bait stamp is 2526 yes sir do you see an entry from Courtney Pro Proctor a a text starting I didn't give my yes request to permission to publish y yes 2526 Mr on that date February 4th 2022 your sister texted in relation to some sort of donation that she had given I didn't give my name as I didn't want anyone to link me to Michael meaning you correct Jack may we approach okay take that down yes you see the text from Courtney Proctor I did not give my name as I didn't want anyone to link me so that that's stricken that's what was objected to just this one or the whole page goes in you responded to a text message from your sister correct and your response was hopefully she kills herself correct yes who's she the defendant Miss Reed correct you literally said that you H that Karen Reed the subject of your investigation the woman sitting to my left about 7 feet from me that she would just die correct the figure of speech you wanted her to the figure of speech is you wanted her to kill herself no right no it's not trer Proctor Karen Reed in your investigation had quickly become a very serious problem for you had machine jaction suain did you believe that Karen Reed was a problem or an issue for your investigation jaction I'll allow it no absolutely not in your words quote all the powers that be one answers ASAP that's what you texted on January 29th right yes that put a lot of pressure on you didn't it Trooper Proctor there's a lot of pressure in every case sir this case involves a a Boston cop whose family you were actually connected to correct Loosely chrisel Loosely yes Julie Albert Loosely yes Colin Albert Loosely yes Kevin Albert Loosely yes loose enough to leave his badge and his gun in your Cruiser when after a night of drinking right jackon sustained you agreed in your group chat that you needed to quote make this cut and dry because another cop was involved those are your words right jackon where is this this was referred to in earlier text messages group chat so is that so is that right did you say that sir I did text that I don't know if it's in the exact context um but yes those were my words chat yes that was in the group chat your friends wrote this whole thing in their words stinks correct yes I interpret that as a joke you believed trer Proctor that your life would be much easier if Karen Reed was just dead didn't you jaction I'll allow it no no no like I had said it was a figure of speech um my emotions who got the best of me based on you know the fact that Miss Reed hit Mr O'Keefe with his her vehicle and left him to die on the side of the road so my motions got the best of me with that figure of speech let's talk about your figures of speech during the course of your investigation your figures of speech include the following she's a jaction is that right yes a wack job correct yes a right yes her balloon knot leaks right yes no ass correct yes she's according to you right yes ass leaker that was a word you use a figure of speech right correct a girl who shits herself right correct and then her correct correct would you agree trer Proctor that you have dehumanized Karen Reed during the course of your investigation with comments and words like this jaction I'll give you this one Mr Jackson would you agree with that I would say based off that language um yes and you admitted in your own words that the cop homeowner wasn't going to quote catch any right correct because you were out to to quote make this cut and dry isn't that right the homeowner wasn't going to catch any because Mr Albert had nothing to do with Mr O'Keefe's death because you were going to make sure that the case was cut and dry those were your works right jaction sustained and TR Proctor it would be far easier far easier for you to pin it on the girl who's just a wack job in your words who you hope just kills yourself right objection sustained shame on you sir Che all right so jurors disregard that I've told you before lawyers can't make comments they can ask questions and Mr Jackson you know better than that understand that's all I have Mr L thank you [Music] now when you had started with cross- examination the other day you were asking questions about whether or not in August of 2022 uh you disliked or did not like uh Mr yti correct that's correct why was that um well the basically he stood up in open court and spouted lie after lie about me called me corrupt and conflicted um dragged my name through the mud after I spent 10 plus years without a you know single complaint file against me and he had no basis or no facts of these wild accusations because there are none this investigation was done with the utmost Integrity not just by me but my supervisors and other Troopers in my office as well as uh Mr yti shows up at my my uh sister's school yesterday um in the parking lot where he's not welcomed or where people are not supposed to be uh with one of their Witnesses and their their private investigator uh and a teacher sees this uh it's informs missanti that he can't be there and instead of saying okay and leaving he asks uh is Corney Proctor in the building does she work here she calls me to see if she was being served objection can we approach yes jurors I am striking that lost answer it was probably a partial answer cut off I'm striking it completely disregarded if you took notes cross the notes out you're not to consider it in any way it is completely stricken from the [Music] record and Trooper I'd suggest you listen to the question being asked of you before you answer it my apologies T keep your voice up Mr L super Roger let me try that again as far as um you were asked about text messages that occurred in August of 2022 in which you um indicated that you did not like Mr Y correct correct and so at the time of that text message it was sent in August of 2022 why why was that in August of 2022 why was that yes the reasons I laid out the false accusations of being conflicted and corrupt spoted in an open court which the zero evidence of like I said I stand by the Integrity of this investigation as well as every trooper and supervisor in my office were there also motions filed uh by Mr unti or by Council uh containing photographs of yourself and and some children yes and what if anything were the allegations in regard to uh the children that were depicted in those photographs so the photograph was taken in my parents back at it over my parents back at at a pool party um there's some little kids in the in the photo defense Council kept insinuating that those were the M's children when in fact they were my family my cousins now have you at any point in time ever met any children of the mes no sir in the course of this investigation as it was sort of alleged on cross-examination did you essentially pick a suspect and then try to have the evidence fit that objection form meeting yes sir in that form it's not allowed to ask if that L how did you conduct this investigation you and the other Troopers in your office from the start of this investigation with an open mind um like I said earlier we don't know what we had possible medical so as the day went on and we collected more evidence um and developed uh compellent evidence against Miss Reed now with reference to this investigation it continued after January 29th 2022 when you had those uh text Communications with your friends correct yes was there additional information uh that you compiled over the course of that investigation following January 29 2022 I'm sorry say again please following that date of those text messages on January 2922 was there additional information that was uh gathered uh over the course of of your investigation by yourself or other Troopers involved in the investigation yes and from that additional information uh that was gathered uh what if any information um that was gathered throughout the course of the investigation uh indicated that anyone besides Miss Reed had anything to do with M's death all the information gathered after that date indicated um no one else was responsible for Mr O'Keefe's death sir you were asked some uh questions on cross-examination about testimony in a prior proceeding and shown specifically a page uh 05 01563 correct yes okay may approach yes sir I'm giving you 01562 63 and 64 and that's for the reild look [Music] [Music] up now Trooper after reviewing those three pages uh there now more context to what you were just asked about on one specific page of that testimony yes and those were questions related to uh what you had told what you had informed uh other people within the office or your supervisors in relation to relationships with both maves in the AL correct correct and in the course of that testimony did you relate uh to that body the same testimony you just relate to this jury in regard to uh photographs of children in defans Council attributing those to being the M children which they were not yes now you were asked some questions uh by Mr Jackson in regard to uh what you knew or uh why your focus was not on Brian Alberts uh later on in the evening of January 29 2022 correct correct and why was that why was your focus not on Brian Albert at that time there was just no evidence that Mr Al was involved anyway like I said before the um from witness interviews the statements Miss re um provided to Witnesses the one shoe left at the scene the tail light pieces um found underneath the snow that were dug out by the sir team the injuries to Mr O'Keefe the one shoe at the hospital that was observed uh her statements to us uh s mechanic and I while we interviewed her um the broken tail light in the fact that leaving Brockton instead of going to dayon she backtracked to go to Canton to retri her vehicle and then go double back to go to dayon which I found odd now if at any point in time over the course of your investigation you had uh evidence uh which led to LED you to believe that Mr Apple was involved in the death of Mr O what would you have done that's differently with regard to again we testified um Beyond January 29th at any point your investigation did you find any information or evidence leading you to believe that Brian Albert was involved in the death of John o' ke J no now if you had found information leading to that conclusion or evidence leading to that uh what would you have done objection then allow it not only myself but members of my office would have pursued that regardless of his position correct regardless of what he does for a profession you approach yes document I showed you the other day you recognize that that is uh text Communications between me and uh my high school buddies and Sir if I could direct your attention within there to page 2535 yes sir you asked some questions about text on that page but also uh there's a text on that page that begins with they arrived at house get correct correct and uh what is the date and time associated with that text message that you sent that was sent on January 29th 2022 at 11: p.m. and what is the content or what did you send to to that group that text message the Mage reads they arrived at the house together got into an argument she was driving and left so that's also information that you had uh late in the evening of January 29th 2022 correct inform that with respect uh to that information you conveyed in that text message uh when did you learn on the during the course of the day on the 29th mayet [Music] now you ask some questions about people that you spoke to on the 29th correct yes and that included ran Albert Jennifer mccab Matthew mccab kry Roberts is that correct TR Chico and TR D interviewed uh Miss Roberts and apologies when I was saying you I meant collectively yes um but you specifically yourself in Sergeant mechanic you also spoke with the defendant on January 29th correct correct that would have been prior to any of the text Communications that were contained within that chat with your friends correct correct ask you something about charging decisions is that something that you make in this case or any case I don't make any charging decisions were essentially fact finders so as far as what Miss Reed was charged with or when she was charg with it that's not something that's within your purview correct no not at [Music] all now specifically you were ask some questions about uh some text messages between yourself and TR CH Chico in regard to the medical example correct correct and those occurred in April 2022 is that correct yes was the defendant M re charged with murder in April of 2022 SE I'll allow it no that wasn't until June of 2022 correct it's correct and that was at the conclusion of the grand jury is that correct rection sustained and you're aware that there was a grand jury in this Cas okay yes that and are you aware of certain witnesses that testified at the Grand I'll allow that yes are you aware the Dr sorty Bell testified at the grander objection oh that yes and so false reason then that the defendant was in charged with murder until after the grand jury concluded and Dr scy Bellow had testified before that grand jury correct Su now the Albert family that you were familiar with some members of that's not an entity correct no individual members of a family some you know some you may not correct objection sustained watch your phone Mr how many members of the Alber family did you know when you started this investigation in Janu or when you received this call on January 29th 2022 um Julie Chris Albert Colin and Kevin Albert now you were asking questions about interviewing Julie Albert and Chris Albert at their home on February 10th correct yes now with respect uh to that dat had you ever been to that home prior to February 10th I not been to that uh this kind of their new home I'd never been to their new home or their previous previous home either now as far as conversations with either Julie or Chris Albert when was the last time you talked to him before you interviewed them on February 10th I believe I reached out to Julie to coordinate the interview but prior to prior to this case uh there was that one random text message she she sent me and my sister I was going on a family ski trip they weren't a part of it she wanted me to take a video of my sister skiing but February 2022 yeah so my question is is prior to February 10th 2022 prior to any arrangements to schedule an interview for February 10th when was the last time that you spoke to either Julie Albert or Chris Albert if you know I don't know I can't remember now with regard to that text message in regard to skiing in late February 2022 you were shown that text message correct yes was there any response from you no did you have any further communication with Julie Albert after that interview on January 29th 2022 uh related to this investigation the I recall the um serving her for grand jury um I know she wanted to kind of have an idea of what the process was like so um there's Communications regarding that and was that something that was solely done with Julie Albert or other Witnesses or all the witnesses that were called in the grandury you know it's unusual for you know the majority of civilians to be called in the grand jity um so they want obviously have questions about the process now as far as uh ABC sitting for your children is that something that Julie Albert ever did no And as far as those text Communications between yourself and your sister regarding that was that something that you would asked for something that your sister had suggested yeah my sister had suggested that um we never followed up with heav Julie watch my kids now you were asked some questions about um text messages with your sister couron correct correct and um I believe a couple times uh you would use the term uh well let me ask you this first with regard to from January 29th um throughout at least January February 20122 this was a this case uh became uh something that was on the news on a fairly regular basis correct news and social media yes and so when you were using the term uh in describing what you spoke to your sister about as far as newsworthy what did you mean by that um you know my sister lives in Ken so there's a lot of you know as well on the news and Social Media stuff that was being discussed in those platforms now as far as the discussions that you had with regard to your sister how would you describe or how would you characterize the type of information that you shared with her event just general information um nothing specific about the case you also asked about a specific text from your sister um on January 30th it started out with I believe it was Jesus Christ is that correct yes and that was in reference to the body of Mr o'e being found on Brian Albert's La correct correct and so she's asking you about that on January 30th correct yes so fair the reason that's that wasn't something that you shared with her prior to January 30 correct correct and something that you hadn't shared with her at all at that point that you received that text communication correct correct sustain is to form watch watch how you ask these questions Mr R is your witness yes with regard to that information as far as who the homeowner was uh what if anything had you shared with Mr Courtney prior to you receiving that text her indicating her knowledge yeah I didn't don't recall sharing anything with the in regards the home Ono now in regard to any issues of a gift or request for a gift um how would you characterize that was that serious was that in just how would you characterize that I didn't take oh I I didn't take that offer seriously um and as I had mentioned believe on Monday that I didn't ask for a gift I never received one I kind of said you know give my wife a gift she had been home about 10 straight nights with the boys we had another homicide the week before so uh that was my response get Elizabeth one and she never received one now you were ask some questions about Colin Al correct correct and as far as what if any information did you have as far as Colin Albert and his uh being at 34 Fairview at the same time as anyone from coming back from the waterfall uh was my understanding Colin arrived later on to just see his his cousin his birthday he didn't stay that long maybe an hour a little over an hour and as he's leaving I think you um into his aunt and uncle as his uh his ride had arrived out front and left at sometime around 1210 a.m. was that information that you had prior to your interview with Colin Alber we yeah we knew well we knew Colin wasn't um at the house the timeing uh was provided by Colin and at any point in time in your investigation what if any evidence did you ever receive uh that Colin Albert was at 34 Fairview at the same time as as Mr o'keef or the defender based on Mr or Keef's um cell phone location data using his ways app Colin Albert is leaving around like 1210 a.m. Mr O'Keefe is about a half a mile away at 12:20 a.m. um so they did not cross pass oh Mr Jackson was asking about some people uh as far as interviews or later in a uh October or so of 2022 or Beyond uh you were given five names as far as Brian Albert Jr Julie Nagel Miss Kent Miss Fabiano Miss Alba and miss levenson and colell correct yes and then you were asked uh about three people that you had interviewed and then were asked if there was only one person left that being fallen out correct correct that math match up as far as five people three given and only one person not interview no now with reference to um Miss Kent Miss Fabiano and Miss Alo to your knowledge have they been interviewed at any point in time no why not they weren't present for um when the adults arrive back from the waterfall they had left 34 Fairview like Colin Albert prior to the waterfall people coming in sustain is that what if any information did you have with regards uh to uh the whereabouts of Miss Kent Miss Fabiano Miss Alba and paen Albert in relation to 34 Fairview and the arrival of people from the waterf they had left the [Music] residence so with respect uh to PA Albert why was it that he was interviewed and not miss Kent Miss Fabiano and Miss Al um Colin was um falsely accused of um can you answer that same question Mr R asked you differently yes ma'am okay go ahead uh Colin was the subject of a third party culprit where that had no evidence to back that up I'm going to allow that that had no evidence to back that up that he was involved whatsoever my office and myself felt the need to interview Colin sit him down and get his story or his facts of that evening so that's why we interviewed him at that date and time later [Music] on and when you say we do you recall who was present with you uh when you interviewed calling out CH Zachary clock are you aware of Sergeant mechanic getting screenshots from both Colin Albert and from Miss Ali mccave in relation to text Communications they had about picking up Colin Albert from 34 Fairview on January 29th yes you were asked some question questions about Miss mcc's cell phone is that correct yes and as far as any material on that phone are you an expert when it comes to cell phone extractions and what different material May mean within a CBR extraction no that's left to uh Tri Gino in our office are you aware of reports um regarding those searches uh from troa Nicholas Gino a Miss Jessica Hyde and a Mr Ian with I am aware of those yes and uh those are people who are experts uh those are people who have special knowledge or specialized knowledge as it relates to CBR technology that you do know correct objection one of the questions sustained what if any knowledge are you aware of Trooper Nicholas Kino Miss Jessica Hyde and Mr Ian within having with respect to celebrite or cell phone technology that you do not have objection allowing it build sure yes let me rephrase that just a little as far as um you're aware the trip Nicholas Gino Miss Jessica Hy M Ian wiff and have all looked at miss m celebr and extraction information correct yes and their knowledge uh their specialized knowledge in regard to those areas exceeds your own correct yes now as far as your conversations with uh Kev Kevin now um how would you characterize those in relation to this [Music] investigation they had nothing to do with this investigation like I said we were work on a cult case together um we also work on other case together that you know on attend of deaths that all respond to a potential suicide or an noos in the town of can that I'll respond to but the um topic of our conversations were in regards to the cold case or UNS unresolved case that we working together may approach yes I did the other day recognize that yes sir I do what do you recognize that um text communication with Kevin Albert and Sir if I could direct your attention to uh debate stand pages of 2600 and 2601 yes sir now in regards uh to uh activities on that particular date you had indicated that you had conversations with Kevin Albert about working a CO case uh from the town of C correct yes and specifically on that date uh where did the two of you go uh remember I recall going down to the cape to at least interview at least uh one person of interest and that was down in the town of Sandwich to be specific is that correct yes now in reference to uh Kevin Albert leaving his badge in your car you recall that I I can direct your attention to page [Music] 2602 and what if any text communication is contained on that page as far as uh you asking Kevin Albert any questions about his address uh after I informed Kevin Al but I had located his badge I follow up what your address uh I will drop it off after the gym you're asking his address because you don't know his address correct correct sustained why are you asking for his address I'm not been to his house and I don't know where he lives you're so close with him that you don't know where his house is sustain I approach Mr retriev y yes [Music] VI were asked some questions about uh Ring videos from One Meadows Avenue Mr O home is that correct yes to be clear did you delete any ring videos from Mr O account either on his app on his phone or from the materials that you received pursuant to the C absolutely not now when you saw that there were Ring videos missing from time that you expected uh videos to be uh specifically what I'm asking about is Miss Reed or the defendant arrival at the home after leaving Fairview Road and Miss MC Miss Roberts and the defendants departure from one Meadows to Fairview Road later on that morning what did you do I reached out the ring several different times um they inform me if a video is deleted there's no digital footprint of that it's essentially kind of gone forever and with respect uh to that time frame what if any other additional steps did you take to try to retrieve that video was there a second search Warren sir yes you were looking for additional information from that same ring correct sustained what if anything were you looking for in that second Sur yeah additional video now you were asking questions about notes from Trooper toico correct correct as far as that 0041 note you know what that means that just tells me it's a time and do you know specifically whether or not that is something that Trio saw or something that tro was looking for that's something Trio could answer for have one yes sir you were asked some questions about uh sallyport video at Ken police station correct yes when you arrived at the sallyport garage of the Canon police station uh sometime around or shortly after 5:30 p.m. correct yes now that 5:30 p.m. time is that before or after 50:07 a.m. after and :07 a.m. is when uh the exhibit 6 um video number I believe 153 with the defendant backing out of the garage where you testified on Monday you observed some damage to the tail light correct correct and you're aware of some other ring video from Mr o' ke's house uh showing the defendant Miss Roberts and Miss mccab arriving at his house in which you can see damage to the right passenger tail correct correct are you aware of a cruiser camera video from the Canon police station uh police department specifically Lieutenant Ray uh going to one Meadows AV at a22 in the morning on the 29th in which you can also observe damage to the tailor objection sustain is to four as far as 8:22 in the morning what if any video from one Meadows Avenue are you aware of depicting the defendant's tail uh C Police Department went to conduct a well-being check in on the dash Cruiser camera you can see M the back of misre vehicle and the right tail light to be uh broken and missing pieces and as far as your time at the home andien the vehicle the defendant vehicle was towed from that location on that day correct correct and what if any video are you aware of from that uh driveway uh which depicts uh the right rear passenger side tail light of the defendant vehicle yeah as the vehicle's being put on the tow truck you can make out that there's some uh pieces missing now so if I could turn you back [Music] to those text messages uh with your friends January 29th 2022 um with that time in mind at that point in time um well let me ask before as far as all those other videos that we talked to all of those videos precede your time in the sallyport garage at 5:30 p.m. on January 29th correct correct now with reference to you mentioned in your testimony the other day um earlier um that at some point in time later in the day or early in that evening uh you had met for a debriefing uh with yourself and the other Troopers involved in investigation on January 29th is that correct yes so fair to say the uh the information that had been collected by yourself and the other troopers on January 29th you had that in mind are you aware of that when you were involved in these text Communications with your friends correct yes and so were you uh at that time that you're texting with your friends you would seen the defendant's vehicle correct yes you would seen the damage to the tail correct yes and you're aware that Lieutenant Tully and the search team had uh conducted search around 34 Fairview and recovered uh Mr OK sneaker and a tail objection sustain is to what if anything were you aware of uh in regard to Lieutenant Tully doing with a certain team at 34 Fairview earlier that day uh detective Lieutenant Tully and the search team conducted a search discovered several pieces of um tail broken tail a pieces as well as Mr O'Keefe's missing shoe and the shoe uh that Lieutenant tell 1 team had retrieved what if anything did You observe in relation to that and the shoe that you and Sergeant mechanic had retrieved from the Good Samaritan Hospital yeah they were both they were matched they were both black Nike sneakers with the white logo now you had talk to First Responders correct yes that included firefighter fatti correct and that included Sergeant good yes you had done interviews with regard to Brian Albert correct yes Jennifer mccab correct correct pthew mccave correct yes the defendant yes and other troopers from your unit had also interviewed kri Roberts correct yes do you aware of statements that were tributed by Miss Roberts and Miss mccab to the defendant as far as what she told them earlier that morning yes and you aware of statements that Miss mccab and Miss Roberts had made to Troopers in regard to what they had observed that yes now were you aware that both Miss mccab and Miss Roberts indicated in interviews on January 29th that when they had got to 34 Fairview Road they could not see Mr ''s body however the defendant sort of bolted out of the backseat of the vehicle directly over to Mr oi's body objection you can ask that differently Mr L with respect to the statements from Mr mcabe and Miss Roberts in regard to their arrival at 34 Fairview around 6:00 a.m. in the morning what if anything stood out to you or were you aware of uh in relation to those statements yeah from those statements uh as Miss Roberts was driving down fear viiew Miss mcab was in the passenger seat Miss Reed was in the back um obviously white out conditions as they're coming down like that slight Hill getting just before the left side of the property um M MC Miss Roberts that Miss Reed said there he is I see him I see him and Miss Reed Sorry Miss uh MC Miss Roberts didn't know what Miss Reed was talking about um they stopped the car Miss Reed ran directly over to uh John o' kee's body um and even when Miss Reed had exited the vehicle um Miss mcab and M Robert still didn't know what was going on and what she was running to now were you aware from uh your conversation with firefighter fatti that the defendant had stated uh I hid him uh to in the presence of firefighter for earlier that morning yes and were you also aware of statements that defendant made to other First Responders about uh her being or getting into an argument with Mr O'Keefe as she was dropping him off at 34 Fairview uh indicating the last time she saw later on um subsequent interviews so at the time that you're sending these Tech Communications within this group chat uh in the later part of the evening of January 29th 20122 um what is it uh that you did know in relation to your investigation uh with regard to M Reed the defendant Andor anyone else all right um so we knew the last person seene with mrke alive was Miss Reed uh we knew they were traveling to fearie Road Witnesses stated they saw SUV out front out front of the house it went from one side to the other Miss mck was texting John park behind me things of that nature John never went into the house um and then the following morning um Miss freed Miss Roberts and Miss mccave located Mr AEF in the front lawn I observed those injuries at the hospital um the one sneaker uh later on in the day the SE team along with Detective Lieutenant Tully found broken tail light pieces uh that matched Miss Reed's tailight as well as the missing sneaker that matched uh Mr O's uh vehicle some uh inconsistent statements that Mr Reed had provided to Sergeant mechanic and I um yeah so at the time that you made those comments disparaging comments in regard to missread in the context of those Communications with your friends as inexcusable as unprofessional as those comments are the information you had was that Reed had struck Mr O'Keefe with her vehicle yeah you got to watch the Mr find that you made those inexcusable and unprofessional comments what did you believe the defendant had done to Mr o' I believe based on all the physical evidence and facts Mr arkee got out of that vehicle holding that cocktail glass he walked out of the waterfall BWI with Miss Reed pulled the head and then backed into struck him with with her vehicle and then left then came back 5 and 1 half hours later correct correct have any further Jackson very briefly you so you think that your assessment personal assessment that Ken Reed had struck this officer with a car gave you license to call her a objection right based on the evidence sir my motions got the best of me so it was important taste yes it was import it was inappropriate juvenile but it was my motions have gotten the best of me and you called her a whack job gave your license to follow that too yes gave you license to say to your friends oh no no no no she's right that's what I wrote gave you license to say that she's a again another disgusting comment sir you had an agenda from moment one did you not Jackson did you have an agenda objection same question thought it was a good one the first time so the fact that you believe person your your narrative was she hit him with a car you get to talk about her leaky balloon knot right Jackson you indicated a cross examination that you saw a video at 8:22 a.m. with some damage to this fe's right rear tail correct yes day 22 before or after 50:7 a.m. after you also said that you had no idea where Kevin Albert lived right correct but you did say about getting his badge to him after that drunken night with him you just leave it in your mailbox right Jackson I'll allow it yes my mailbox yeah so he obviously knew where you lived [Music] yes and then you said there's no evidence whatsoever your words no evidence whatsoever we talked about Brian Albert Brian Higgins Colin Albert no evidence whatsoever that they were involved in the death of John o'keef right correct trer Proctor you're the one responsible for Gathering the evidence correct jackon I am one part of a greater group of detectives that gathers evidence I'm just one part of that unit you're the pointy end of the spear aren't you jaction you're the case officer the lead detective correct yes sort of like the fox guarding the hen house isn't it Jackson that sustain Mr Jackson do you have anything else thank you all right two for you all thank you Ral