Killing of John O'Keefe
Killing of John O'Keefe | |
---|---|
Location | Canton, Massachusetts, US |
Date | January 29, 2022 (2022-01-29) |
Deaths | 1 |
Victim | Officer John O'Keefe |
Accused | Karen Read |
In the early morning hours of January 29, 2022, Boston Police Department Officer John O'Keefe was found dead outside the then home of then Boston Police Officer Brian Albert in Canton, Massachusetts. It is alleged by the Commonwealth of Massachusetts that O'Keefe had been dropped off the night before by his girlfriend, Karen Read, to join a party hosted by Brian Albert and Jennifer McCabe. Upon being discovered, he was transported to a local hospital where cause of death was listed as blunt force trauma and hypothermia.[1]
Three days later, Read was arrested and charged with manslaughter, motor vehicle homicide, and leaving the scene of a deadly crash. The Norfolk County District Attorney's Office alleged that Read hit O'Keefe with her SUV and left the scene.[2] Read pleaded not guilty. Four months later, on June 9, 2022, she was indicted by a grand jury for second-degree murder, motor vehicle manslaughter while driving under the influence, and leaving the scene of a deadly crash.[3] Read pleaded not guilty again and her defense attorney, David Yannetti, accused the Massachusetts State Police of manufacturing evidence in the investigation. He also alleged that the lead investigator, Trooper Michael Proctor, had a conflict of interest due to his family's relationship with some of the prosecution's witnesses.[4]
Background
John J. O'Keefe, III, nicknamed "JJ"[5][6] or "Johnny"[7] (born December 8, 1975), grew up in Braintree, Massachusetts and graduated from Braintree High School and Northeastern University. He also earned a master's degree in criminal justice from UMass Lowell[8] and had lived in Canton since 2014, where he was raising his niece and nephew following his sister and brother-in-law's deaths.[9] O'Keefe was a 16-year veteran of the Boston Police Department.[10] John O'Keefe's former partner, the deceased Pat Rogers, was featured on the reality television show, Boston's Finest. Rogers' then-girlfriend Laura Sullivan, who had a child with him, was also long-time friends with John; she met Karen during a trip to Aruba and testified as a witness for the Commonwealth. John's brother Paul, also a witness for the Commonwealth, was Captain and Quarterback of the Stonehill College Football team and teammates with Lieutenant Brian Tully, Michael Proctor's supervisor at the Norfolk Country District Attorney Mass State Police Investigative Unit.[citation needed]
Karen A. Read (born 1980) grew up in Taunton, Massachusetts and also in Blacksburg, Virginia. She graduated from Coyle & Cassidy, a private Catholic school in Taunton, and went to Bentley University where she graduated with a Bachelor's degree and a Master's degree in finance.[11][12][13] She had been a financial analyst at Fidelity Investments since 2007, and was an adjunct professor at Bentley University.[9][14] Read lived in Mansfield at the time of O'Keefe's death.[9] O'Keefe and Read began dating in 2020.[15]
Brian Albert, owner of the Canton home outside of which O'Keefe would be found dead, is a retired Boston Police Sergeant, last assigned to BPD Fugitive Unit until his retirement on September 4, 2023.[16] He was also featured on 2013 reality television series Boston's Finest. His brothers are Chris Albert, who serves on the Canton Select Board, and owner of small Pizzeria in Canton and Kevin Albert, who serves in the Canton Police Department as a detective. In June 2024, Kevin was suspended from Canton Police pending an internal investigation based on phone text conversations with Michael Proctor that became public record during the cross-examination of Michael Proctor's testimony. Kevin was alleged by Proctor's text conversations to have lost his badge and gun while on duty after a night out drinking while on duty working a cold case on Cape Cod. Chris and his wife, Julie, and their son Colin, were neighbors with O'Keefe. The Albert family are also long-time friends with Michael Proctor, lead investigator on the case.[citation needed]
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On the night of January 28, 2022, O'Keefe and Read visited two bars in Canton: C.F. McCarthy's and Waterfall Bar & Grille.[14] At the second bar, they met up with several acquaintances including fellow police officer Brian Albert. Shortly after midnight Albert invited a group of people, including the couple, back to his home on Fairview Road in Canton.[9][1]
The two drove to the home in Read's SUV.[1] Read claims to have dropped O'Keefe off in front of the home and left because she wasn't feeling well.[17]
A snow storm hit Canton in the early morning of January 29. Read reported that when she woke up the next day, O'Keefe had not returned home. After he did not respond to calls or texts, she contacted an acquaintance from that night, Jennifer McCabe, who agreed to join her and another woman, Kerry Roberts, in looking for him.[14] The three women returned to Fairview Road in Roberts's vehicle, where they saw O'Keefe lying unresponsive in the snow.[9] Read exited the car and began CPR. McCabe called 911 at approximately 6:04 am and Canton Police, Fire, and EMS responded to the scene.[18]
O'Keefe was transported to Good Samaritan Hospital in Brockton, where he was pronounced dead.[14] A medical examiner later reported that O'Keefe had abrasions to his right arm, several lacerations to the face, two black eyes, and skull fractures which would have contributed to brain bleeding. They determined that hypothermia was a contributing factor to O'Keefe's death.[9][1]
Read theorizes that O'Keefe was beaten inside the home, and his body was then left outside; however, there are 11 witness statements that say O'Keefe never entered the home.[1][19]
Investigation
Massachusetts State Police Trooper Michael D. Proctor, of the Norfolk State Police Detective Unit, was the lead investigator for this case. He produced a series of written reports (Case # 2022-112-0033) to Detective Lieutenant Brian P. Tully of the Massachusetts State Police.
According to police, pieces of a cocktail glass and patches of blood were found alongside O'Keefe's body. They also found pieces of a broken taillight, said to match a broken light on Read's car.[1]
Read was arrested on February 1, 2022.[14] Her phone was taken into custody.[9] She was charged with manslaughter, motor vehicle homicide, and leaving the scene of a collision in the lower Stoughton District Court on February 2, 2022.[14]
In April 2023, Read's attorneys presented a theory that implicated Brian Albert, who owned the home outside of which where O'Keefe was found dead, and his sister-in-law Jennifer McCabe, who had been drinking with Read and O'Keefe on January 28, and helped Read find O'Keefe's body the morning of January 29.[1][20] Evidence showed that Brian Albert sold his house and got rid of his dog after the incident, and Jennifer McCabe made a Google search "hos[sic] long to die in cold" at 2:27 a.m.[9]
In November 2023, residents of Canton voted to mount an independent investigation into the town's police department.[1]
In January 2024, letters between the General Counsel for the Department of Justice and Norfolk District Attorney, Michael W. Morrissey, were released, confirming a federal investigation was mounted into the Norfolk District Attorney's office.[21][22][23]
In March 2024, the Massachusetts State Police launched an internal investigation into the lead investigator in the case, Trooper Michael Proctor, due to potential violation of department policy, but have not said whether that investigation relates to a specific case.[24]
Court proceedings
On February 2, 2022, Read was arraigned in Stoughton District Court on the charges of manslaughter, leaving the scene of a serious accident, and motor vehicle homicide. She pleaded not guilty and was released on $80,000 bail.[25]
In June 2022, a Norfolk County grand jury indicted Read for second-degree murder, motor vehicle manslaughter, and leaving the scene of a collision.[26]
The case is being heard in Norfolk County Superior Court, with Judge Beverly J. Cannone presiding. The prosecution is led by Norfolk District Attorney Michael W. Morrissey and Assistant District Attorney Adam Lally.
The defense is led by criminal defense attorneys David R. Yannetti, Alan Jackson, and Elizabeth Little. Jackson and Little are partners at a Los Angeles firm and have represented Harvey Weinstein and Kevin Spacey.[27]
On March 12, 2024, Read's attorneys filed a motion to dismiss the case due to alleged conflicts of interest and federal crash reconstruction experts determining that O'Keefe's injuries were "inconsistent" with the damage to Read's car.[28][29] The judge denied the motion on March 26 due to "extensive evidence supporting the indictments", such as O'Keefe's DNA being found on the broken taillight of Read's car.[30][31]
In early April 2024, ahead of the trial date, the prosecutors filed a motion requesting special restrictions during the trial to keep demonstrations back at least 500 feet (150 m) from the courthouse to maintain an unbiased jury pool; Judge Cannone ruled that 500 feet was excessive, and ordered a 200-foot (61 m) buffer zone with no protesters allowed. This ruling came after the ACLU filed a memorandum opposing the prosecution's request, citing freedom of speech, and urged the court to consider more narrowly tailored restrictions. Read's attorney said the defense takes no position on the motion.[32][33] The judge also approved the prosecution's request to prohibit anyone inside the courtroom from wearing any attire that says "Free Karen Read" and also prohibit law enforcement officers, whether they be testifying or attending the trial, from wearing their uniforms.[34] The Massachusetts Supreme Judicial Court approved the judge's ruling, and on May 2 formally approved the buffer zone. The SJC ruled that the Judge "struck a balance between the right to protest or demonstrate and the defendant's right to a fair trial".[35]
Trial
Read's trial was first scheduled to begin in March 2024,[21] but was rescheduled to April. The trial started on April 16, 2024 with the jury selection, which was completed on April 24.[36][37][38][39] Prosecutors previously asked the Judge to block Read's lawyers from arguing that others are to blame for O'Keefe's death, also known as third-party culprit defense. The judge instead offered the defense a chance to develop their argument through "relevant, competent, admissible evidence", but still barred them from using the third-party culprit defense during opening statements.[40]
Commonwealth rested the case on June 21, 2024 after eight weeks of testimony from 68 witnesses. Defense completed its list of six witnesses and rested the case on June 24.[41] Closing arguments were delivered on June 25 and jury deliberation started on the same day.[42]
On July 1, after 25 hours of deliberation, the jury was unable to come to a unanimous decision. Judge Cannone declared a mistrial.[43] The Commonwealth plans to retry the case.[44]
Opening statements
On April 28, the prosecutors and the defense presented opening statements. Prosecutors outlined circumstantial evidence that pointed to Read's guilt, while the defense told jurors that Read is being framed and that O'Keefe was beaten and attacked by a dog inside the home of another Boston police officer.
Commonwealth's witnesses
The O'Keefe family
O'Keefe's brother and sister-in-law, Paul and Erin O'Keefe, took the stand for the prosecution describing the relationship between Read and O'Keefe. Paul acknowledged that there have been arguments between the two. Erin said she considered Read as a friend.
When asked about the day when John O'Keefe died, Paul recalled seeing Read in the hospital screaming, asking if John was alive, while she was being restrained by hospital employees.[45]
Police and first responders
- Canton Police Officer Steve Saraf, the first police officer to arrive at the scene, testified that Read appeared to be giving O'Keefe CPR, and was "visibly upset", repeatedly asked if O'Keefe is dead and said "this is my fault".[46][47] The defense pointed out that Officer Saraf's initial report did not include what Read said, but included the statement when he testified to the grand jury in April 2022. Defense attorney Alan Jackson argued that not including the quote "This is my fault" in the initial police report was an important omission.[48]
- Four paramedics testified and told the court that Read was saying "I hit him" repeatedly at the scene.[49] After the testimony from the paramedics, the defense raised questions about the ties between Canton firefighter and paramedic Katie McLaughlin and the Albert family. When asked about her relationship with Brian Albert's daughter, Caitlin Albert, she acknowledged that they went to high school together, but they are only acquaintances; however, the defense later accused McLaughlin of perjury after dozens of pictures of them together emerged, including one from June 2021.[50]
- Canton Police Lt. Paul Gallagher, who was in charge of preserving the crime scene that day, testified that he and other two sergeants used a leaf blower to remove the snow, and collected DNA evidence with uncovered Solo cups and put them in a brown paper grocery bag. He also said it was not standard practice to do so.
- Canton Police Sgt. Sean Goode testified that upon arrival at the scene, he observed the area, noting at least 4 inches (10 cm) of snow and some pink spots which were possibly blood. He also mentioned they improvised methods for evidence collection using leaf blowers, Solo cups, and a grocery bag. Goode recalled officers looking for evidence, though, he noted they did not find the pieces of Read's broken taillight that would later be found at the house or O'Keefe's missing shoe. He also said, when asked, that no officer guarded the crime scene for the two hours they were there, and that there was no protocol for putting up a tent to keep the scene from the elements.[51][50][52]
- Canton Police Sgt. Michael Lank testified during direct examination, holding up a broken cocktail glass that was found during the investigation. During cross-examination, the defense questioned Lank about his relationship with the Albert family, referencing an incident back in 2002, when Chris Albert, Brian Albert's brother, got into a fight with two other men while Lank was present; charges were later filed against the two men.[53]
Witnesses at the bars
Nicholas and Karina Kolokithas, O'Keefe's friends, were at the Waterfall Bar & Grille with Read and O'Keefe. Karina described the couple as "quite lovey-dovey". Nicholas testified that the atmosphere at the Waterfall Bar & Grille was "a fun atmosphere" and he did not see any arguments or tension between Read and O'Keefe.[54]
Rebecca Trayers, a bartender at the Waterfall Bar & Grille, confirmed that the Albert family, who lived near O'Keefe, were a "well-known" family in Canton.
Curt Roberts, a mutual friend who was at the bar, testified that he did not see any arguments or bickering between Read and O'Keefe while they were at C.F. McCarthy's bar. He also said Read did not appear to be slurring her words, swaying, or experiencing confusion.
Michael and Katherine Camerano, O'Keefe's friends who lived close to him in Canton, also testified. Michael said that there was occasionally some tension in Read and O'Keefe's relationship over differing approaches to childrearing, but their relationship seemed normal in the month prior to O'Keefe's death. Katherine said she received a call from Read early morning on January 29 saying O'Keefe hadn't come home. Read was "frantically screaming" as she called around looking for O'Keefe the morning he was found dead.[55]
Witnesses at the house
The house party at 34 Fairview Road on January 28, 2022 was for Brian Albert's son, Brian Jr., who was celebrating his birthday.
- Julianna "Julie" Nagel and Sara Levinson, both friends of Brian Albert Jr., were leaving the house between 1:30 a.m. and 2 a.m. with the McCabes, Nagel said she saw a "black blob" on the front lawn but didn't say if it was a person; Levinson said she didn't notice anything out of the ordinary on the front lawn.
- Ryan Nagel, Julianna's brother, said he received a text from his sister asking him to pick her up at the Albert home after midnight. When he arrived at the Albert home, he saw a black SUV, but didn't witness anyone exiting it. He noticed the brake lights were on, and he saw a person inside the car in the driver's seat.
- Heather Maxon, Ryan's then girlfriend, testified that she was riding with Ryan on the night of January 28, and as they approached the Albert home, they saw a black SUV with a female driving and a male in the passenger's seat and it was parked outside the house when they arrived, just a couple of feet in front of where they parked their vehicle. However, she noted that she never saw anyone get out of the SUV. When they left the house, Maxon stated that the black SUV was still there with its exterior and interior lights on. She testified seeing a woman in the driver's seat but did not notice anyone else in the vehicle.
- Richard D'Antuono, driver of the truck that Ryan and Heather were riding in that night, testified that when he arrived at the Albert home, there was a black SUV. He observed no damage to the vehicle and did not witness anyone getting out. Under cross-examination, he stated that he did not see the black SUV strike anyone nor did he hear any arguments. He also mentioned that he was not interviewed by investigators until the following year.
- Tristin Morris, Caitlin Albert's boyfriend, was picking her up from 34 Fairview shortly before 2 a.m; he said he didn't notice anything out of the ordinary on the front lawn.[56][57]
The Albert/McCabe family
- Caitlin Albert, Brian Albert's daughter, said neither Read nor O'Keefe ever stepped into the house. She stated that she didn't notice anything out of the ordinary on the front lawn, although she also said that she did not look out the window towards the house when leaving in her boyfriend's car. She was also asked about her relationship with the paramedic, Katie McLaughlin, who was accused of perjury earlier. She acknowledged that they knew each other but they were not close. Judge has previously blocked the defense from showing the pictures of them together to the jurors.
- Brian Albert Jr., son of Brian Albert, said he saw a dark SUV, but nothing was on the lawn.[56]
- Colin Albert, son of Chris and Julie Albert and nephew of Brian, said he didn't see O'Keefe at his uncle's house that night. When asked about his relationship to O'Keefe, he said he never had any animosity toward O'Keefe or had any arguments with him. When asked if he ever fought with people, he testified that he had never been in a fight, other than with his brothers. During cross-examination, the defense asked about a picture taken on February 26, 2022, where his knuckles were red, which indicated him being in a fight; Colin claimed he slipped on the driveway and injured his knuckles. The defense also showed videos of Colin making threats against people when he was in high school. The defense also asked about his relationship with the Proctors, showing a photo from 10 years ago at Courtney Proctor's wedding, where Colin was the ring bearer; Courtney Proctor is Trooper Proctor's sister. The defense alleged bias in the investigation due to the family ties; Colin said he has not seen Trooper Proctor for years.[58]
- Allison McCabe, daughter of Jen McCabe, showed a screenshot of text exchange with her cousin Colin. She testified that she picked Colin up at the Albert home and dropped him off at his house before going to her own home. During cross-examination, it was revealed that the text exchange between McCabe and Colin Albert was not requested by investigators in the Read case until much later, and McCabe only provided the screenshot during the summer of 2023, after upgrading her phone. The defense also showed data from Life360 app her family used showing that she had left her house in the early-morning hours on Jan. 29, 2022, and gone to Canton High School, though she had previously said she had returned home and stayed home.[57]
- Brian Albert said O'Keefe never entered the house. He also claimed that he and his wife slept through the commotions when first responders arrived the next morning.[59] When asked about the several calls with Higgins around 2 a.m., he alleged that those were "butt dials".[60] He also allegedly upgraded and traded in his phone just a day before a court order to keep his cellphone data. He was asked about the play fight [59] between him and Higgins was captured on security camera from the Waterfall bar, and he said they were just "fooling around", but the defense argued that they were practicing fighting techniques,[61] citing his boxing training; he confirmed that he was shown boxing in a reality television show about the Boston Police, Boston's Finest.[62] When asked about the home sale, he said it has nothing to do with O'Keefe's death.[63]
- Nicole Albert, wife of Brian Albert, was asked about their family dog, a German Shepherd named Chloe, which was rehomed after the incident. They mentioned a few instances of the dog attacking others and that was the reason of rehoming. She said they sold the house because they wanted to move and downsize.[63]
- Chris Albert, Canton Select Board member and the brother of Brian Albert, said he lived near O'Keefe and was friendly with him. Chris also said he knows Trooper Proctor.
- Julie Albert, wife of Chris Albert, said she did not notice any injuries to either Brian Albert, Brian Higgins, or their son Colin; she also acknowledged that she knew Trooper Proctor and his wife. When asked about her family's relationship with the Proctors, she said she rarely talks to Trooper Michael Proctor's sister, Courtney; but the defense showed phone records of 67 calls between Julie Albert to Courtney Proctor after Read's arrest on Feb. 1, 2022 and through Sept, 6, 2022.[64][65][66]
- Matt McCabe, Brian Albert's brother-in-law, testified that he and Jen left the Waterfall bar around midnight and headed to the home on Fairview Road. He recalled seeing a dark SUV parked outside the house, matching the description of Read's car, but O'Keefe and Read didn't come inside. The next morning, he heard screaming when his wife was on the phone with Read. He said Read "blurted that she broke her taillight, cracked her taillight, something to that effect." He testified that two Massachusetts State Police troopers, Michael Proctor and Yuri Bukhenik, came to his home later that day and interviewed him and his wife separately. His brother-in-law, Brian Albert, also arrived at the McCabes' home and spoke with the troopers. He denied observing any damage to the SUV's rear in the three times he saw the car parked outside the house and said he didn't see O'Keefe sitting in the SUV when he looked outside that night, nor did he see a man lying on the front lawn. He also denied hearing any yelling, crash noises, or screams of pain outside, and said he didn't see a baseball cap, sneaker, or pieces of broken taillight on the front lawn as he left the home that night. The couple gave two of their nephew's friends a ride home that night, and he testified that he did not hear one of the women, Julie Nagel, mention seeing an object on the front lawn as they drove away. The defense also asked Matt McCabe about a group chat he and his wife shared with Brian and Nicole Albert, noting that McCabe texted the group about State Police troopers searching a neighbor's property on Fairview Road on Feb. 1, 2022. McCabe denied "monitoring" the investigation and said he just happened to notice as he was driving by. The defense showed McCabe a series of messages from the chat, noting that McCabe and Brian Albert exchanged some texts about police "barely" interviewing Kerry Roberts. He noted that earlier on Feb. 1, 2022, McCabe texted the group, "Ask Chris (Brian's brother) to ask some questions," "Tell them the guy never went in the house". He confirmed that the "guy" refers to O'Keefe and "them" refers to the news crew who came into Chris Albert's pizza shop.
- Jen McCabe, Brian Albert's sister-in-law and wife of Matt McCabe, said she saw a dark SUV, but Read and O'Keefe didn't come inside the house. Later, she woke up 5 a.m. due to a frantic call from Read stating that O'Keefe didn't come home. McCabe said that Read was saying "Did I hit him? Could I have hit him?" and mentioned a cracked taillight. They spoke with O'Keefe's friend, Kerry Roberts, and they started looking for O'Keefe together. The three women soon arrived at 34 Fairview Road, and, according to Jen McCabe's testimony at Read's murder trial, Read ran "straight to [O'Keefe]," screaming "Is he dead?" and "stated that she hit him" three times when a paramedic asked what happened.[67] When asked if she made the infamous "how long to die in cold" search, she said Read asked her to do it that morning after finding O'Keefe on the lawn. However, during cross-examination, the defense showed Cellebrite data from her cellphone, which showed that the searches were made several times at 2:27 a.m.; one of them was deleted. McCabe denied the allegations. Defense also asked her about a September 2023 visit she had at the home of Trooper Michael Proctor. McCabe said the visit was with the trooper's wife, Elizabeth Proctor, and Michael Proctor was not home at the time. When asked why she was at the home, McCabe said it was to discuss social media harassment, referring to Aidan Kearney, the blogger also known as Turtleboy.[68][69] Prosecutors later would bring in two more experts to dispute the Jen McCabe Google search, Jessica Hyde, digital forensics examiner, and Ian Whiffin, forensics software expert from Cellebrite, who said the searches happened after 6:20 a.m. on Jan. 29, 2022, and the 2:27 a.m. timestamp actually indicates when McCabe first opened the browser tab.[70] However, Richard Green, digital forensic expert and owner of United States Forensics, stood by the 2:27 a.m. timestamp.[71]
Others
- Brian Higgins, ATF agent and friend of Brian Albert, was reportedly at the Fairview Road home the night before O'Keefe was found dead. The prosecution showed a screenshot of flirtatious text exchange between Higgins and Read just days before O'Keefe's death, trying to indicate Read wanted to leave the relationship with O'Keefe. Higgins denied having any romantic interest.[72] The defense asked him about the reason for destroying his phone and SIM card in 2022, he claimed that a suspect he was investigating at that time found his phone number. Carrier provided call logs showing that he had a few calls with Brian Albert on the night of January 29. He got rid of his phone and disposed it in a military base on Cape Cod. However, the incident and the disposal of his phone were two months apart.[73]
- Kerry Roberts, friend of O'Keefe, said she got a frantic call from Read to join the search for O'Keefe the next morning; Roberts had warned Read not to drive due to the risk of getting a DUI. After they found him, Roberts started doing CPR on O'Keefe while Read repeatedly asked, "Did I hit him?" and "Is he dead?" She also testified that she saw O'Keefe bleeding from his face and head, two black eyes, as well as scratches on his arm.[74]
Witnesses from the Aruba Trip
Weeks before his death, Read and O'Keefe went to Aruba with their niece and nephew and 30 friends of O'Keefe, including sisters Laura and Marietta Sullivan. Laura Sullivan had a child with Pat Rogers, John O'Keefe's late partner. The sisters testified that they witnessed an argument between the couple during the trip, claiming that Read had falsely accused John of cheating and had an argument with Marietta for which Read later apologized. The prosecution has alleged that Read and O'Keefe's strained relationship is a possible motive for second-degree murder, citing the Aruba incident.[75] O'Keefe's niece and nephew, whose testimonies were not broadcast, testified about the relationship between their uncle and Read, saying arguing between them increased in January, but never in public. They also both said the couple never raised a hand in anger at each other.[76]
Witnesses from the following investigation
Read's vehicle was towed from her parents' home in Dighton[77] around 2:30 p.m on January 29, during the January 2022 North American blizzard.[78]
- Detective Lt. Brian Tully, who supervised state police detectives including Trooper Michael Proctor, explained the decision not to search Brian Albert's home, citing a lack of evidence or probable cause. He reviewed surveillance videos showing a black SUV resembling Read's vehicle and analyzed cell phone data confirming Read's location and path on January 29, 2022. During cross-examination, he was questioned about not searching the Albert house, video evidence discrepancies regarding Read's SUV, the evidence collection process, and the implications of cell phone location data.
- Lt. Kevin O'Hara, Team Commander of the Massachusetts State Police Special Emergency Response Team (SERT), reached out by[clarify] Lt. Brian Tully to assist at the scene. He searched for evidence conducted in blizzard conditions and found pieces of red and clear taillights and O'Keefe's missing sneaker. During cross-examination, he was asked if he was aware that the scene wasn't controlled for 6–7 hours, he said no. He confirmed no additional searches of the scene in February and he and Tully never discussed searching inside the house.
- Needham Police Sgt. Brian Gallerani collected DNA cheek swabs from state police Sgt. Bukhenik and Trooper Proctor on Jan. 16, 2024. Nicholas Bradford, DNA Analyst at Bode Technology, analyzed items including a hair from a taillight and reference samples from Bukhenik and Proctor and found strong support for the inclusion of O'Keefe's DNA and exclusion of Bukhenik and Proctor's DNA on the taillight. Tess Chart, DNA Analyst at Bode Technology, analyzed hair from the scene, finding it consistent with O'Keefe's DNA.
- Andre Porto, Forensic Scientist at Massachusetts State Police Crime Lab, analyzed hair from the taillight and other evidence. He found that evidence, including a broken drinking glass and a stain from O'Keefe's jeans, matched O'Keefe's DNA profile.[79] Five samples from different stains on O'Keefe's jeans were also tested. Each was found to contain DNA from two or three contributors.[80]
- Maureen Hartnett, Forensic Scientist at Massachusetts State Police Crime Lab, testified that she observed damage to Read's SUV: dent in trunk door, scratches on rear bumper, and broken taillight. She collected apparent glass and hair from the bumper. Blood test on vehicle was negative. She also tested O'Keefe's clothes for blood and damage and collected evidence for potential dog bite analysis. She was asked how the glass pieces travel about 60 miles in the blizzard, she said she didn't know when the glass pieces ended up on the bumper and she couldn't say.[78] She also testified that no DNA testing was ever done on the two swabs taken from the Solo cups.[81]
- Ashley Vallier, another Crime Lab Forensic Scientist, testified that she found red and clear plastic pieces in debris from John O'Keefe's clothing. She conducted physical match analysis on various pieces of evidence, identifying dirt, fibers, plastic, hairs, and a piece of green material from O'Keefe's clothing. Many plastic pieces from the scene matched the taillight housing from Read's SUV.[82]
- Dighton Police Sgt. Nicholas Barros, who responded to a call regarding Read's vehicle and went to Read's parents' home, testified that when he was there, he saw that the taillight was cracked but not completely damaged, with a piece missing.[77]
- Massachusetts State Police Sgt. Yuriy Bukhenik described the sallyport video of Read's SUV, noting it was inverted but defending its accuracy despite missing time segments. He confirmed neither he nor Proctor touched Read's vehicle. Initially, he suggested O'Keefe's injuries might be from a domestic assault but revised this after viewing the injuries. During cross-examination, he was questioned about not mentioning the video's inversion earlier, its accuracy given the mirrored nature, and if it had been altered. He acknowledged the inversion but maintained the video accurately depicted events and explained the missing segments were due to motion-triggered recording.[77]
- Massachusetts State Police Trooper Michael Proctor described his actions on January 29, 2022, including examining the scene, O'Keefe's injuries, and retrieving his phone. He visited several locations for further investigation and asserted that he and another trooper never touched Read's SUV or taillight, displaying the broken taillight pieces in court. He was asked to read his text message exchanges with his colleagues where he made inappropriate comments about Karen Read's appearance, accent, and her medical condition, but claimed those comments had no impact on the investigation's integrity. During cross-examination, Proctor was asked why he referred to Karen Read and her defense attorney, David Yannetti, with derogatory terms in text messages, why he joked about searching for inappropriate photos on Read's phone, and whether his conduct represented a misuse of his authority. Proctor admitted the comments were "unprofessional and regrettable", but denied that his conduct was an abuse of power, citing a valid warrant for searching Read's phone. His texts with Julie Albert were also presented, where Julie said when this is all over, she will give him a thank you gift, and he responded, "Get Elizabeth one", referring to his wife.[83][77]
- Trooper Joseph Paul, State Police Crash Analyst, analyzed data from Read's SUV, concluding it was involved in a pedestrian collision around 12:45 a.m. on January 29, 2022. He claimed O'Keefe was struck by Read's SUV and projected for 30 feet. Defense scrutinized his testimony, questioned the validity of Paul's conclusions, suggesting confirmation bias. His qualification was also scrutinized as he only had an associate's degree in criminal justice. When he was asked why O'Keefe's phone was found under his body if he was projected for 30 feet, he couldn't explain it, saying "it just did".[84]
- Trooper Nicholas Guarino analyzed data from Karen Read and John O'Keefe's cellphones. He presented evidence of Karen Read's voicemails to John O'Keefe the morning he died, including eight voicemails and 53 calls between 12:30 a.m. and 6 a.m. He found heated text messages between the couple days before the incident. In the voicemails from early January 29, Read was yelling and shouting angrily at O'Keefe saying she "hated him" and she would leave the children alone and go back to her home in Mansfield. He also said that Read's phone auto-connected to the home WiFi on 12:37 a.m. at O'Keefe's house.[85][86]
Medical and forensic experts
- Richard Green, forensic expert, testified that O’Keefe’s Apple Health data from January 29, 2022 showed that he traveled 87.4 meters and took 80 steps between 12:21 and 12:24 a.m and he was also on three flights of stairs between 12:22 and 12:24 a.m. Green also testified that Jen McCabe's Google search did in fact happen at 2:27 a.m.[87]
- Justin Rice was the emergency room doctor who treated O'Keefe at Good Samaritan Hospital. According to him, O'Keefe was unresponsive, intubated, hypothermic, and in cardiac arrest with no pulse. Rice also ordered the blood alcohol test on Read, who had been brought to the hospital under a "Section 12" order. She had a blood alcohol content of 0.093%, over the legal limit of 0.08%.[88]
- Nicholas Roberts, Member of the Massachusetts Office of Alcohol Testing at Massachusetts State Police Crime Lab, discussed retrograde testing, a method to used to estimate a person's blood alcohol level at an earlier time. Using 12:45 a.m. as the estimated time of the last drink consumed, Roberts estimated her BAC would have been between 0.135% and 0.292%. During cross-examination, the accuracy of the estimation method was questioned, noting that if that if Read continued to drink after 12:45 a.m. the results would be inaccurate.[88]
- Medical Examiner Dr. Renee Stonebridge said O'Keefe's injuries could come from either a fall or traffic collision.[89]
- Medical Examiner Dr. Irini Scordi-Bello described the autopsy findings and noted that the manner of death was undetermined as she did not have enough information. She noted that the injuries are "not immediately lethal", but he could have been incapacitated. She said O'Keefe's injuries could come from a fall, being hit with a blunt object, or being hit with a car. When asked if the injuries are consistent with being hit by a car at 24 miles per hour, she said, "it's likely and unlikely at the same time".[87]
Defense's witnesses
- Brian (Lucky) Loughran, the snow plow driver who drove by the Albert house, said he never saw a body around 2:45 a.m. on January 29.[90]
- Dr. Frank Sheridan, Retired Forensic Pathologist and former Chief Medical Examiner, said O'Keefe's injuries were consistent with a physical altercation, not a vehicle collision; the arm injuries possibly came from an animal attack, and the head injuries would require a hard surface, such as concrete, not consistent with ground conditions.
- Dr. Marie Russell, Retired Emergency Room Physician and Forensic Pathologist, stated that the injuries on O'Keefe's arms were consistent with dog bites.
Two additional experts were hired from ARCCA, an engineering consulting firm. ARCCA was not retained by the defense or prosecution, but by the Department of Justice and FBI as part of a federal investigation into Massachusetts state law enforcement's handling of this case.[91]
- Dr. Daniel Wolfe, accident reconstruction expert from ARCCA, said the damage to Read's car was not consistent with a vehicle-pedestrian collision.
- Dr. Andrew Rentschler, biomechanics expert from ARCCA, said O'Keefe's injuries were not consistent with being hit by a car.[92]
Trial outcome
A mistrial was declared by the judge on July 1, 2024 due to the jury being deadlocked after several days of deliberations. After writing twice to the Judge that they cannot reach a verdict, the jury sent a final note, writing that "fundamental differences" in their beliefs making it impossible to reach a unanimous verdict.[93]
Miscellaneous
Judge Cannone had a voir dire day with the last three witnesses called by the defense before testimony when both prosecution and defense could assess the qualifications of the witnesses without the jury present. Prosecutors have previously tried to exclude these witnesses.[94]
Prosecutors wanted to introduce evidence of Read's "DUI attorney" Google search at 1:27 p.m. of January 29, to prove "consciousness of guilt".[95] The evidence was not included in the trial.[96]
Post-trial motions
Read's attorneys filed a motion to dismiss two of the charges, second-degree murder and leaving the scene of an accident, saying that one deliberating juror and two informants have reached out after the mistrial was declared. They indicated that the jury found Read not guilty on both of these charges.[97][98] Martin G. Weinberg, a new attorney for the defense, argued for dismissal of the charges.[99]
Impact
In August 2023, a Massachusetts citizen ballot initiative was proposed to add recall elections to the Massachusetts Constitution in response to Norfolk County District Attorney Michael W. Morrissey's perceived corruption in the case.[100]
The case has caused divisions in Canton, as town residents have debated whether O'Keefe was killed by Read, or whether Read was framed by the police. Social tensions and old family feuds have reportedly been inflamed by the case.
In July 2023, a "rolling rally" of around 50 cars in support of the coverup theory drove through Canton, stopping at the homes of key figures relating to the case and protesting with a bullhorn.[9]
In November 2023, Canton held a Special Town Meeting where residents voted in favor (903–800) of an independent audit of the Canton Police Department due to the ongoing investigation of this case.[1][101]
Impact on Read's supporters
Local blogger Aidan Kearney, nicknamed Turtleboy, has covered the case extensively on his website under the headline "Canton Coverup" since the defense released their affidavit in April 2023. The case has received little media attention until Kearney started covering the case. He would go to Canton and film himself confronting witnesses, and post the videos on YouTube.[9][20] Kearney was indicted on "eight counts of witness intimidation, three counts of conspiracy to intimidate witnesses, and five counts of picketing a witness" in December 2023. In February 2024, he was also indicted on two new charges of harassing a witness and intercepting wire or oral communication. Kearney pleaded not guilty to all those charges, citing freedom of speech.[102]
Before the last week of the trial, Kearney was dining with his girlfriend at C.F. McCarthy’s, one of the bars O’Keefe and Read went to. He got into a heated confrontation outside with a few people, one of them was close to the Alberts and the Proctors. Two were charged with assault and battery of the blogger.[103] Shortly after the trial ended, Kearney also found a dead turtle hanging outside his parent's home in Worcester, and the local police are investigating the incident as harassment and animal cruelty.[104]
Three Canton residents and Read’s supporters, who have spoken at Canton select board meetings calling for accountability, saw their lawn vandalized with bleach-filled balloons.[105]
Repercussions for witnesses
Following the mistrial declared on July 1, 2024, Trooper Proctor was relieved of duty and formally transferred out of the Norfolk County District Attorney's Office State Police Detective's Unit.[106] Trooper Proctor was suspended without pay on July 8, 2024.[107]
On July 10, 2024, Canton Police placed Det. Kevin Albert on leave based on testimony from the trial.[108]
In popular media
American TV series Dateline plans to release an episode on the case.[109]
In July 2024, Netflix announced a new three-part documentary is currently in production.[110]
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- ^ Logan, Erin (July 20, 2024). "Canton police investigate as bleach-filled balloons damage lawns of Karen Read supporters". NBC Boston.
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External links
- Commonwealth v. Karen Read, statement of case via DocumentCloud