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conditions. 18 plus. This

1:32

is continuing coverage of the trial of

1:34

Karen Reid from the Hidden Killers podcast

1:36

and True Crime Today. Now back to

1:39

the courtroom. They

1:41

both recall frequent fights. They both recall

1:43

Mr. O'Keefe trying multiple times to break

1:45

up with the defendant, asking

1:47

her to leave the house. The defendant refusing

1:49

to leave the house. Her,

1:52

his niece Kaylee. John

1:55

tried to diffuse. He tried to walk

1:57

away. And the defendant was followed. each

2:00

time during each argument. They

2:05

both indicated that Mr. O'Keefe had told

2:07

the defendant the relationship had run its

2:09

course, similar to language

2:11

within the text messages you have between the

2:13

defendant and Mr. O'Keefe. That

2:16

Mr. O'Keefe was sick of arguing, again,

2:18

mirroring those text messages from

2:20

January 28th, leading up into

2:22

going out to CF McCarthy's

2:24

eventually the waterfall and

2:27

the defendant killing Mr. O'Keefe in the

2:29

early morning hours of January 29th. We

2:33

have testimony in regard to the ring camp. Kaylee

2:39

indicated in her testimony that John had had

2:41

that for about a year, so during the

2:43

course of two years or so of the

2:45

relationship with the defendant, he got it while

2:47

he was dating the defendant. The

2:49

defendant had the security codes to the garage. Neither

2:52

of the kids had access to the camp.

2:55

Chibagorino checked the laptop and the desktop that

2:57

were left after the defendant did

2:59

the quick cleanup upstairs with her father upstairs

3:02

in the home. Neither of those devices

3:04

had access to the ring cameras. John

3:06

had access on his phone. The

3:09

defendant indicates, if you recall,

3:12

in some of those text messages in regard to

3:14

the romantic kiss that she placed on Mr. Higgins,

3:17

earlier on January, whatever it was,

3:19

her compatriots Mr.

3:21

Higgins and Mr. Jackson's indicating weren't very good friends

3:23

with Mr. O'Keefe, but had been invited over to

3:26

his home for a Patriots game in which time

3:28

the defendant escorted Mr. Higgins out of the

3:30

garage and placed a romantic kiss on him.

3:33

But during those text messages when they're talking

3:35

about that, if you recall, the

3:37

defendant is saying something or joking about something

3:39

that Mr. O'Keefe had been looking at the videos

3:41

and had been asking her if there was something

3:43

going on with her and Mr. Higgins. And what

3:46

was her response to that? I

3:48

know where the cameras are. There

3:54

are only two videos missing from that ring system.

3:57

One being the defendant getting to Mr. O'Keefe's house.

4:00

after murdering him and the other

4:03

when the defendant is showing Miss McCabe and

4:05

Miss Roberts the broken tail like both

4:08

of which, both Miss McCabe and

4:10

Miss Roberts testified as

4:12

having occurred. No video. The

4:17

variety of stories that the defendant tells on the morning of

4:19

January 29th. There were

4:21

text messages and voicemails from the defendant to Mr.

4:23

O'Keefe. 53 phone calls from 1233 a.m. to 603

4:25

a.m. 0

4:29

phone calls 911. The

4:31

defendant calls Katie Camarano. The

4:34

defendant calls her parents at 118 in the morning, 438 in the

4:36

morning, 442 in the morning. The

4:40

call then from Kaylee's

4:42

phone to Miss McCabe because the defendant

4:44

didn't have Miss McCabe's phone number. Both

4:49

Kaylee and Miss McCabe indicate that the

4:51

defendant initially indicates or

4:54

says that she got into a fight with

4:56

Mr. O'Keefe and left him at the waterfall.

4:59

From this information, Miss McCabe then testified she starts

5:01

to call her Julia. Because

5:04

Chris Albert, Julia Albert, they live close by

5:06

the waterfall. Maybe that's where he went. As

5:08

the phone is ringing, and this is a

5:10

phone call that both Miss Albert and

5:13

Miss McCabe testify was never answered. As the

5:15

phone is ringing, her husband Matthew McCabe reminds

5:17

her that they saw the defendant and Mr.

5:19

O'Keefe and the call outside of 34 Fairfield.

5:22

So she hangs up. During

5:25

this call or during these subsequent calls, the defendant

5:28

indicates to Miss McCabe, maybe I hit him, did

5:30

I hit him? She then calls Miss Roberts

5:32

at 5 a.m. on the dot, indicates John's

5:34

dead, hangs up the phone, calls back a

5:36

minute later, indicates that Mr. O'Keefe was now

5:39

hit by a clock and that he's dead,

5:42

and then indicates further that she's drunk and

5:44

doesn't remember. She

5:47

tells Miss McCabe about the crack tail light before

5:50

they even get in the vehicle and go anywhere, as

5:52

you recall the testimony of Matthew McCabe indicating

5:54

that he has some concerns about them driving

5:56

around in a vehicle with a damaged

5:58

tail. in the

6:00

middle of a blizzard. Ms.

6:03

Roberts' testimony that she saw the broken

6:05

tail light in the driveway at

6:07

Ms. McCabe's house, and that it

6:09

was consistent with what she observed in the photographs

6:12

that were shown to her of it later in

6:15

the Sallie Court at the Cairn Police Department

6:17

garage when the search warrant is executed on

6:19

February 1st. You

6:26

have the text messages between the

6:28

defendant and Laura Sullivan from

6:31

January 29th, in which the defendant

6:33

indicates to Laura Sullivan that John is dead, indicates

6:36

that we found him in the snow at 5

6:38

a.m. And

6:41

every indication is that he

6:43

was found in the snow by the defendant,

6:45

Ms. McCabe, and Ms. Roberts around 6 a.m.

6:49

5 a.m. It'd be about an hour before. 5

6:52

a.m. would be between that time where the

6:54

defendant is on account of four heading in

6:56

the direction of 34 Fairview Road to

6:59

518, 535. Little

7:03

things. The

7:05

defendant asked Ms. McCabe to Google, how long did I end the poll?

7:07

She did so at 6.23 and 6.24 in the morning. You

7:11

have the testimony of Ms.

7:13

Hyde and Mr. Whithard as

7:15

to SQLite databases, P-List databases,

7:17

Knowledge Sea databases, State

7:19

DB tabs, as far

7:21

as all of them, also

7:23

from Trooper Greeno as well. These

7:26

searches were unequivocally done at 6.23,

7:30

6.24 in the morning, and not at 2.27 and

7:33

40 seconds in the morning. They were not deleted

7:35

by a user. That is not what deleted means.

7:38

Frankly, Mr. Green, the

7:41

last question that I asked Mr. Green was,

7:43

was he aware that Selbright,

7:46

and by Selbright, the person who designed

7:48

that, being Mr. Whithard, had

7:51

to alter exactly how

7:53

their software worked

7:55

because of people like Mr. Green

7:57

misinterpreting the data. as he did

7:59

in this case. And what did

8:01

Mr. Green say? Yes.

8:08

But those questions, as far as how long

8:10

to die in the cold, I would submit

8:12

nearer the questions that

8:14

the defendant asked firefighter Whitley in the back of

8:16

the ambulance, if you recall those. She

8:19

asked firefighter Whitley how long to die in the

8:21

cold without a jacket. He

8:23

knew how Mr. O'Keefe was dressed. She

8:26

knew when she left him to die in the

8:28

cold how he was dressed. The

8:32

defendant made statements to firefighter Becker that

8:35

the last time that she saw Mr. O'Keefe, they were

8:37

in an argument. Again, in the back of the same

8:39

ambulance as firefighter Whitley. You have

8:41

testimony from firefighter Woodbury. Same

8:43

kind of questions. If Mr.

8:45

O'Keefe could be alive without a jacket. You

8:49

have the testimony from each of these firefighters

8:51

as to sort of the vacillating emotional state

8:53

of the defendant that morning. What

8:57

you have in the testimony from firefighter Woodbury

8:59

is that despite all that, there are no

9:01

tears that he observed from the defendant at

9:03

that time. What each of

9:05

those first responders indicate

9:08

is that the defendant repeatedly stated, is

9:10

he dead, is he dead? Not

9:13

is he okay, is he going to be okay?

9:16

How is he? Any sort of

9:18

questions about the medical condition. Is

9:21

he dead? That phraseology repeated over

9:23

and over, over again. And

9:26

when you take into juxtaposition,

9:30

that phraseology, text

9:34

to Laura Sullivan, found him in the snow at 5 a.m. He

9:37

unaccounted for time heading in the direction of 34 Fairview

9:39

Road, 518 to 535. The

9:42

repeated questioning of firefighter Whitley, firefighter

9:45

Woodbury, asking Ms. McCabe to look

9:47

up those things in her phone.

9:50

She's looking for confirmation is

9:52

what she's looking for. When she asks over and

9:54

over again, is he dead, is he dead, is

9:56

he dead? You

10:01

have the testimony that you heard from

10:03

Miss McCabe and Miss Roberts.

10:06

I say them together because as far as

10:08

these two women were concerned, they did not

10:10

know each other, really at all. The only

10:12

time as they both testified to that they

10:14

had ever spent appreciably together prior to January

10:16

29th, 2022 is when Mr. O'Keefe nicely took

10:19

them out for sneakers

10:23

because he had some sort of deal at

10:25

a Reeboks outlet or something like that to

10:27

sort of try to pay them back for the help

10:29

that they provided him and the children. Jennifer

10:32

with respect to the niece and

10:34

Kerry with respect to the nephew. But

10:38

they're both contacted by the

10:40

defendant in the early morning of January 29th. As

10:44

Miss McCabe testified, John was my friend. I

10:46

love John, he was an amazing guy. At

10:49

the waterfall, Mr. Albert said

10:51

going home to have a drink with his son,

10:54

Brian Jr., if anyone wants to come, open invitation

10:56

of the tape. She

10:58

said to Mr. O'Keefe and the defendant, you

11:00

guys should come. Both the

11:03

defendant and the victim indicated that they wanted to

11:05

come and that they worked. She

11:08

describes the phone calls and the text

11:10

messages that she receives from Mr. O'Keefe,

11:12

that she's providing directions. She indicates she's

11:14

providing them directions to go down Chapman.

11:16

She describes how that is. And you've

11:18

heard this testimony from a couple of

11:21

different witnesses as far as the steepness

11:23

as you're going down Chapman. And she's

11:26

going down Fairview of coming off of

11:28

Chapman. That you first go down a

11:30

big steep hill. It flattens out

11:32

for a little bit and then you go down a second.

11:35

Two hills going down on Chapman. Matching

11:40

the GPS native location and the health data as

11:42

far as where Mr. O'Keefe's phone

11:44

is, a half mile away from 34 Fairview Road.

11:48

At the time that his health data is

11:50

reporting that he's ascending or descending three flights

11:52

of stairs. You hear the testimony

11:55

from Ms. McCabe as far as the last time that

11:58

she spoke to Mr. O'Keefe. And

12:00

she's still trying to

12:02

provide directions to Fairview

12:04

because Mr. O'Keefe has never been there before and

12:06

neither has a defendant, which

12:09

is further corroborated in Tripugrino's testimony as far

12:11

as the vehicle passing by Fairview and then

12:13

coming back in on the other side, having

12:16

to reverse direction. But she's giving

12:18

directions and she's indicates that she and

12:21

uses a house that

12:23

Mr. O'Keefe will be familiar with that

12:25

belonging to Bella or Bella's mom. Bella's

12:28

mom is an ex-girlfriend for a short

12:30

period of time, a long time ago.

12:33

However, in the defendant's mind,

12:37

it's so prescient on her mind that

12:39

she's still talking about the next morning

12:42

or later on that morning when she's

12:44

riding going towards Fairview Road with Ms.

12:46

Roberts and Ms. McCabe in Ms. Roberts

12:48

car. She's still talking about it at

12:51

that time. It's that much on her mind. Ms.

12:55

McCabe indicated that she looked out

12:58

and she saw a vehicle initially in

13:00

front of the front door after Mr.

13:02

McCabe, after Brian Albert Jr., after Julie

13:04

Nagel, after Brian Nagel and the vehicle

13:06

moved up several times or several spots

13:09

to where it was then positioned. Initially

13:13

at some point in front of the door, then

13:16

it moves up further so that it's in the area

13:18

of the fire hydrant and the flagpole where Mr. O'Keefe's

13:20

body was discovered later

13:23

on that morning, at least by

13:25

Ms. McCabe and Ms. Roberts, and

13:27

then moves up further beyond that.

13:30

And I say that in a sense, if it

13:32

moves up further beyond that with sufficient distance for

13:34

it to then go in reverse

13:36

for 62 and a half feet at

13:38

24.2 miles per hour, striking

13:40

Mr. O'Keefe and leaving him where he was

13:42

found later on in the 29. Again,

13:46

the testimony from Ms. McCabe that about 1240 when

13:49

she's texting him, she indicated in her testimony,

13:51

she couldn't be certain if Mr. O'Keefe was

13:53

still out front or had left at

13:56

that point. She wakes up to a phone call from

14:00

John's niece Kaylee, 453 in the morning.

14:02

This is from an eighth-grader 14 year

14:05

old girl. That's why she answers the phone at 453

14:07

in the morning She

14:09

then hears the defendant screaming loudly over and

14:11

over again. Jen Jen Jen John didn't come

14:13

home Got in a fight left him at

14:15

the waterfall The variations

14:17

different iterations of that story as it evolves

14:19

and changes over the course of that morning

14:24

This McCabe then indicates the defendant we saw you

14:26

outside of my sister's Then

14:29

she starts yelling Jen Jen did I hit him

14:31

could I? Then

14:34

they start discussing where the defendant brings up her

14:36

cracked tail Then

14:38

here her both miss McCabe

14:40

and mr. McCabe here the defendant screaming outside

14:42

of their home at about five

14:44

o'clock in the morning They're sure they have five o'clock They

14:50

go to mr. O'Keefe's in

14:53

both Miss McCabe

14:56

and Miss Roberts indicates

14:59

when you heard this testimony from a number of different

15:01

friends and family of Mr.

15:05

O'Keefe that Get

15:07

a rule pretty sick rule in his house as

15:09

far as you take your shoes off when you come in the house And

15:12

so what a miss McCabe and miss Roberts both do

15:14

when they're entering in that house on January 29 They

15:17

take off their boots and out in snow to take off their

15:20

boots in the mud room and then they walk What

15:22

if they both indicate that the defendant did that

15:25

morning when she came back to the house? Walked

15:28

right in with the shoe You

15:31

hear that second voicemail It's

15:33

after the defendants arrived back one mental zap

15:36

after her phone is reconnected with

15:38

mr. O'Keefe's Wi-Fi And

15:40

you can hear the footsteps Part

15:43

of that may be in the garage or that might be in a house

15:47

Why is it that the defendant have no

15:49

issue with wearing shoes in the house when

15:51

mr. O'Keefe has that strict rule because she

15:53

knows where he is She

15:56

knows it's not an issue. He's not coming home because she

15:58

hit him with her SUV if she left him in

16:00

the snow. Ms.

16:06

Roberts and Ms. McCabe frantically

16:08

sort of running around the house looking for

16:10

Mr. O'Keefe. The defendant is knocked. They

16:14

then get in the vehicle. They

16:16

drive back towards Fairview

16:19

Road and again the defendant from

16:21

the backseat of the vehicle immediately

16:24

sees the defendant, starts pulling and kicking

16:26

on the door and runs in sort

16:28

of a beeline straight over to where

16:31

Mr. O'Keefe is laying on the front

16:33

lawn. You

16:41

have the testimony from Ms. Roberts as

16:44

far as John's phone. John's

16:48

phone, when the firefighters pick

16:51

him up and you recall several witnesses testifying about

16:53

that, pick him up on the spook stretcher and

16:55

they bring him over to the ambulance while they're

16:57

conducting the resuscitative efforts trying to save Mr. O'Keefe's

16:59

life. Ms. Roberts indicated that

17:02

she observed underneath it only

17:04

the phone, but the phone on

17:06

the grass, on the

17:08

grass in the area that is completely

17:11

covered in snow in every other area

17:13

except under Mr. O'Keefe, which

17:16

I would submit indicates how long Mr. O'Keefe

17:18

has been there. Now, Paul, around 12 o'clock

17:20

or so is when it starts to snow

17:22

and starts to stick a little bit and

17:24

you heard all that testimony and

17:27

I know it was a lot of testimony about snow, a

17:29

lot of testimony about weather, but there's a purpose to that,

17:31

there's a point to that, okay? As

17:34

far as the grass underneath Mr. O'Keefe's

17:36

body, where his cell phone was, Ms.

17:38

Roberts observed some six hours later after

17:41

it starts snow is still

17:43

visible only under Mr.

17:45

O'Keefe, where his body was, which

17:48

I would submit his evidence to you as to

17:50

how long he's been there. Now,

17:54

on top of that, you

17:56

also have hours of ring videos.

17:58

of the driveway as far as

18:00

shoveling and Paul O'Keefe and other

18:03

people snowblowing and shoveling and all

18:05

those kinds of things. There's

18:08

a purpose of that as well. If

18:10

you look at those, if you look at the video

18:12

of the defendant crashing into

18:14

Mr. O'Keefe's vehicle at a speed of anywhere

18:17

from zero to five, which even Dr. Wolf

18:19

would indicate would not cause

18:21

the damage to the taillight that was observed

18:23

in this case. You know what

18:25

you don't see? You don't see snow move

18:27

off Mr. O'Keefe's vehicle when they come into

18:29

contact. You don't see any red or clear

18:31

plastic pieces in the snow. And

18:34

if you look at those stills, not the ones

18:36

that Council put up there during his closing, but

18:38

if you look at each of the video in

18:40

the stills, you can see the damage consistent with

18:42

the taillight at each and every point. You see

18:45

the damage consistent with the taillight from the 507

18:47

video. You see the distant

18:49

damage consistent from the A22 video from Lieutenant

18:51

Ray from the Cruiser Camera video when he's

18:53

pulling into the driveway. You see

18:56

the damage consistent from the Dighton video at

18:58

the defendant's home. You see the

19:01

damage consistent from the right here,

19:04

February 1st, 2022 when the search

19:06

warrant is conducted, Ms. Hartnett

19:08

removes all those pieces from the vehicle.

19:11

Weather is also important when it comes to the hair.

19:14

Magic hair as Mr. Jackson likes to call

19:16

it. See, the magic hair was actually frozen

19:19

to the vehicle, as was the glass to

19:21

the bumper because the vehicle looked like that

19:23

on the left when it was caked in

19:25

snow. When Officer Barrow saw it in the

19:27

driveway in Dighton, as they were wading through

19:29

a foot and a half of snow walking

19:31

up, you can remember they didn't even pull

19:33

into the driveway because they had to have

19:36

someone come down and plow it before they

19:38

could get into it. That's what the vehicle

19:40

looked like. What you can see, however, is

19:42

the damage to the taillight, to the side

19:44

of that taillight consistent with it. So that

19:46

hair, that 7-8th of an inch hair, was

19:48

frozen to the side. And as you remember,

19:50

the testimony from Sergeant Buchanan about the heated

19:53

condition of the Buchanan Police Department garage, and

19:55

that's one of the reasons that they took

19:57

it there because the other barracks that they

19:59

could have taken. taken into didn't have that

20:01

heated condition. So yes, after

20:03

it's been in there from January 29th about

20:06

5.30 PM until February 1st when they conduct

20:08

a search warrant, the hair isn't

20:10

still frozen as it's contained within a heated

20:12

garage and the pieces of glass on the

20:15

rear bumper have melted. The snow has melted.

20:17

As you can see from left to right.

20:22

The weather, also important I would

20:24

submit, weather was a weapon. Remember

20:27

the cause of death here is not

20:29

just blunt impact injuries, it's blunt impact

20:31

injuries and hypothermia. You

20:33

heard all that medical testimony in relation to it

20:35

and you heard all that testimony in relation to

20:37

the snow and the weather and the wind. Wind

20:40

gusts up to 37 miles per hour while he's

20:42

out, Mr. O'Keefe is out there in just a

20:44

shirt and jeans. Now

20:50

you heard also a testimony from Ms. Roberts

20:52

in relation to the injury. She observed Mr.

20:54

O'Keefe that initially

20:57

on scene, there was one eye that

20:59

was swollen, not the other. Submit

21:01

that indication of the swelling that Dr.

21:04

Sportybello was testifying to and no indication

21:06

of infeasible altercation. And then both eyes

21:08

being swollen when Ms. Roberts viewed Mr.

21:10

O'Keefe's body after his passing at

21:13

the Good Samaritan. Submit

21:19

that all the testimony tells you

21:21

the same consistent accounts. Internally,

21:24

external. From civilian testimony to

21:26

investigator testimony to medical testimony

21:29

to forensic testimony to the

21:31

reconstruction testimony. You

21:35

have the testimony from Ms. McCabe and Ms. Roberts that

21:37

they couldn't see Mr. O'Keefe at Fairview when they initially

21:39

pulled up. You can see that

21:41

from Officer Sarip's cruiser. You

21:46

have Mr. O'Keefe being covered in snow from

21:48

the storm. You know where Mr. O'Keefe's body

21:50

was. It's clearly visible on the cruiser camera

21:52

when Mr. Sarip was here. You

21:55

have the testimony from each of the responding officers, anywhere

21:57

from five to 12 feet off the road. and

22:00

from the civilians as well. Ms.

22:03

McCabe, Ms. Roberts, Officer Malaney has six

22:05

inches of snow on Mr. O'Keefe

22:07

when he first sees him. Firefighter Kelly

22:09

says that he couldn't even see Mr. O'Keefe

22:11

until he was five feet away, in the

22:13

darkness, in the snow, in the blizzard conditions.

22:15

There's no footprints around the body. There's no

22:17

drag marks around the body. There's

22:21

no evidence of anything in relation to Brian

22:24

Albert and Brian Higgins. Brian

22:26

Albert and Brian Higgins spent

22:28

January 28th, traveling

22:30

to New York City to go to

22:32

a funeral for another police officer, for

22:35

another department who they didn't even know.

22:38

Traveled all the way down to New York and then

22:40

came back before the blizzard, only to come back from

22:42

that, to go out drinking, to

22:44

come back to Mr. Albert's house, to then

22:47

murder another police officer who they did know,

22:49

who worked for the same department as them,

22:52

and then criminal mastermind, genius that Brian

22:54

Albert is, 28 years

22:56

on the Boston Police Department, he's then going to

22:58

just leave Mr. O'Keefe's body on his front lawn,

23:01

really? That's

23:03

the conspiracy? What

23:05

evidence do you have of that? You

23:09

have statements of defendant made to Sergeant Buchanan

23:11

on January 29th. She

23:13

was willing to speak, but didn't want to give too much detail.

23:18

Conversational tone throughout. She

23:21

indicated that the night before, they had gotten

23:23

into an argument, something about what

23:26

was fed to the children, nothing

23:28

about the detailed arguments and

23:30

incessant phone calls and everything else that you saw

23:32

from the defendant and Mr. O'Keefe's phone on the

23:34

28th. She indicated

23:36

that she got CF McCarthy's around 9

23:39

p.m., started drinking vodka sodas, the men

23:41

were drinking beers. When asked where she

23:43

parked her vehicle, she said she parked

23:45

in Washington Street across from CF McCarthy's,

23:47

facing northbound on the same side as

23:49

Waterfall. Same testimony that you heard

23:51

from Ms. Colakethis, observing the defendant going over

23:53

to her vehicle, getting the driver's seat, and

23:56

then the victim, Mr. O'Keefe, getting

23:58

into the passers. She

24:01

said they left the waterfall, were invited to

24:03

a residence. She drove her and

24:05

John to the location in Cannon. She dropped Mr.

24:07

O'Keefe off, did not see him walking in the

24:09

home. She being an defendant stated she made a

24:11

three point turn and then left. When

24:14

asked about the damage to her

24:16

vehicle, she indicated to the troopers, I don't

24:18

know, it happened last night. June

24:26

2022, you have that other

24:28

reporting of that other version that she now

24:30

has evolved into as far as stating

24:33

to Sergeant Buchanan, are you aware that John

24:36

was beaten up by Brian and Colin Albert?

24:38

We're all in on the same joke, right?

24:40

John was pulverized and my tail light was

24:42

cracked. What

24:46

evidence do you have of that? Mr.

24:49

O'Keefe never went in the house. You

24:51

have testimony from Nicole Albert, Brian

24:53

Albert, Jennifer McCabe, Matthew McCabe, Caitlin

24:56

Albert, Brian Albert Jr., Sarah Levinson,

24:58

Julie Nagel, all indicating

25:00

never went in the house. John

25:02

O'Keefe's phone never went in the house from

25:04

the testimony and the data points that you

25:06

have from Trooper Greening. You

25:08

know how Mr. O'Keefe was dressed and

25:10

you know the defendant knew that. You

25:13

have the testimony from Kurt Roberts, Jennifer

25:15

McCabe, Matthew McCabe, Karina Kolokethis, Nicholas Kolokethis,

25:17

Brian Albert, Nicole Albert, Brian Higgins, all

25:20

indicated in the testimony and the defendant knew. Based

25:23

on her questions to the firefighters the next morning that

25:25

Mr. O'Keefe was not dressed for the weather

25:28

when he left the waterfall. The

25:31

weather was a weapon. You

25:37

have the testimony about the car, the defendant's car

25:39

being there in front of the house moving multiple

25:41

times. You have that from multiple sources. You

25:44

have that from Matthew McCabe. You have that from Jennifer McCabe.

25:46

You have that from Brian Albert Jr. You

25:48

have that from Julie Nagel. You have that from

25:50

Ryan. You

25:52

have the testimony of Ryan Nagel, Ricky

25:54

Dantano and Heather Maxson. As Maxson indicated

25:57

she saw a male passenger, female operator

25:59

as the vehicle was turned. Remember

26:01

they're coming towards Fairview at the same time.

26:04

The defendant after conducting that reverse a three-point

26:06

turn on Cedar Crest is then taking a

26:08

right on a Fairview while Mr. Nagel, Mr.

26:10

Dantono and Ms. Maxson are taking a left

26:12

on Fairview. Mr.

26:14

Nagel indicates that Mr. Dantono

26:16

then flashes lights. During that time Ms. Maxson

26:19

can see inside the vehicle she sees a

26:21

male passenger she sees a female awkward. They

26:24

follow the vehicle as they're turning onto the

26:26

street. Lo and behold they're going to the

26:28

same residence. They park there's

26:30

nothing in between them and the defendant's vehicle.

26:32

They indicate that at no time do they

26:35

see anybody get out of the vehicle at

26:37

no time they see any damage to the

26:39

vehicle or hasn't

26:41

happened yet. At no time do

26:44

they see anyone leave the vehicle and go

26:46

into the house. The vehicle

26:49

moves up on different successive occasions as

26:51

such by Mr. Nagel and

26:53

several others and then

26:55

as they're passing that vehicle Mr.

26:58

Nagel indicates that he sees a female operator

27:00

in the vehicle with dome light on. Interesting

27:02

when I asked Mr. Nagel as far as

27:05

when Julie Nagel came out to the vehicle

27:07

did he roll down the window or did he open the door

27:09

he indicated he opened the door and I asked him what happened

27:11

when you open the door what happens when you open the door

27:13

to a vehicle? Dome light comes

27:15

on. So there's a reason I would submit

27:18

for the inference that you can make is

27:20

that no one sees Mr. O'Keefe in the

27:22

vehicle because that's the moment he steps out

27:24

of the vehicle. And

27:29

then they're gone. Nagel's, Ryan

27:31

Nagel, Ricky D'Antono and

27:35

Heather Maxson drive away from that. We

27:39

read the testimony from Julie Nagel in Sarah Levinson

27:41

the peanut butter and jelly sandwich conversation they have

27:43

with Miss McCabe which while they're pulling away from

27:45

the house where everybody's attention is drawn Miss McCabe

27:48

is turned around facing both of them in the

27:50

backseat. Miss Nagel

27:52

is facing this Levinson on the passenger

27:54

side looking out the window towards 34

27:56

Fairview Road. Miss

27:58

Levinson is looking back at the vehicle. Ms. Nagel away

28:01

from that area in which Ms. Nagel indicates

28:03

that she sees a five to six foot

28:05

dark blob on the lawn near the pole

28:08

in the hydrant which is

28:10

just where Mr. O'Keefe has discovered the next

28:12

morning. You have

28:17

the testimony recalled and

28:19

you have text messages in

28:22

regard to Colin Albert when he gets picked

28:24

up. Mr. Lally, five minutes.

28:26

Yes, sir. Colin Albert, Allison

28:29

McKay, Brian Albert, Nicole Albert, Caitlin

28:32

Albert, Brian Jr. all

28:35

indicating that he was picked up around that time at 12.10 a.m. You

28:37

have the testimony from Chris and Julie Albert, his parents

28:39

as far as when he comes home, kisses them good

28:41

night before he goes to bed. You

28:44

have that testimony in regard to Chris

28:47

Albert as far as

28:50

how John O'Keefe and the defendant

28:52

come to be at the waterfall in the first place

28:54

as far as John O'Keefe and his nephew coming in

28:56

early in the day getting a couple slices of pizza,

28:58

what are you doing later on, contained

29:00

within those text messages. You have

29:02

the testimony from Lieutenant O'Hara, Lieutenant

29:05

Tully, Sergeant Mechanic about

29:08

those items being recovered. In

29:10

particular, the items being recovered on January 29th

29:12

by that search, what did Lieutenant

29:14

O'Hara say? The

29:16

items were found close to the curb. The

29:19

items were at ground level, three

29:21

feet of snow that they had

29:23

to sift through in order to find

29:25

those particular things. The detail or the

29:27

delay in the recovery of evidence, the

29:31

photos in the video, most of which you have in evidence,

29:33

is earlier in the storm. This is before the

29:36

18 inches of snow falls down, before there's

29:38

drifts in three feet of snow in places.

29:40

They found the evidence where it had been at

29:42

that same ground level in the

29:44

grass under the snow at 34 Fairview Road. We

29:50

heard all of the medical testimony, which I

29:52

would submit is consistent from Firefighter Formati to

29:55

Dr. Rice. We heard the testimony regarding the

29:57

defendants and what alcohol concentration with Dr.

29:59

Fermi. caller and Nick Roberts 93 milligrams

30:01

per deciliter, .07 to .08 percent at 908

30:03

in the morning.

30:06

You heard it, Mr. Roberts' testimony

30:08

in regard to the retrograde extrapolation,

30:11

.13 to .29 extrapolating back to the

30:13

time of the operation. The defendant admits to

30:16

drinking vodka, it's on the receipts from Sea

30:18

of Heartings and from the waterfall, and you

30:20

have the witness testimony in the surveillance video

30:22

in regard to that. The

30:27

forensic testimony that you have. In

30:32

regard to the medical testimony, you have the

30:34

sort of patterned abrasions, clear plastic that's recovered

30:36

by Lieutenant Harrell and Lieutenant Tully on January

30:39

29th. The clear plastic that has

30:41

the dimples on it. No

30:43

one, not true Paul, on any point in time

30:46

ever said that Mr. O'Keefe's arm was out like this at

30:48

the time that he struck him and he did a pirouette

30:50

and then flew 30 feet in the air. Twelve

30:53

inches of abrasions

30:56

that the doctors were, the biomechanical

30:58

people were talking about yesterday, twelve

31:00

inches and then six inches for

31:02

the tail light is easily

31:04

solved by this. And

31:06

the dimples on his arm that

31:09

I would submit are consistent with the dimples on the

31:11

tail light cover piece are right around this area of

31:13

the elbow. You

31:16

have the testimony in regard

31:18

to forensics as far as

31:20

Mr. Porto, Mr. Bradford, John

31:23

O'Keefe's DNA is on that tail light house.

31:25

On the house his

31:28

DNA is there to the exclusion as

31:31

well of Sergeant Mechanic and Chief Brock.

31:34

Mr. O'Keefe's DNA is on the exterior of the

31:36

broken drinking glass. Mr.

31:38

O'Keefe's DNA and only Mr. O'Keefe's DNA

31:40

is on his clothing and his fingernails,

31:42

consistent with Dr. Skorty Bello's testimony

31:44

that there is no evidence of a fight

31:46

or an altercation. There's no one else's DNA

31:49

under his fingernails, there's no one else's DNA

31:51

on his clothing. You

31:54

have the testimony from Ms. Hartman, Chief

31:56

O'Call, as with regard to the damage

31:58

that they observed, the dent scratches, the

32:00

7 eighth of an inch hair. You

32:04

have the testimony from Ms. Charke in

32:06

regard to the mitochondrial DNA profile from

32:08

that hair being consistent with

32:10

the DNA profile of

32:14

Mr. O'Keefe. You have the

32:17

testimony from Ms. Valier and Ms. Hanley in

32:19

regard to the microscopic pieces,

32:21

1 sixteenth of an inch by 1

32:23

sixteenth. You have one minute, Mr.

32:25

Lally. Wrap it up. All

32:28

consistent with pieces of tail light

32:30

that are found within his

32:33

clothing. Mr.

32:46

Young in effect. 605.

32:51

This is what this vehicle looks like backing up at

32:54

that speed for approximately that

32:56

distance. There's

33:02

another, years and years

33:05

ago, started

33:07

practicing in Norfolk County. The brain tree was

33:09

now Quincy. I eventually became, far

33:11

smarter man than myself, eventually became President of the

33:14

United States, his name was John F. And

33:16

whatever it may be, our wishes, our

33:18

inclinations, or the dictates of our

33:20

passions, they cannot alter the state of

33:23

the facts and the evidence. What

33:26

the constellation of the facts and the evidence ineluctably

33:28

demonstrate here is that the

33:31

defendant drove her

33:33

vehicle in reverse for 24.2 miles per

33:35

hour, for 62 and a half feet,

33:39

struck Mr. O'Keefe, causing those

33:41

catastrophic head injuries, leaving

33:43

him incapacitated and freezing his death. Mr.

33:45

Lally, I have to stop you. You've

33:48

gone over. I literally

33:51

have one sentence, aren't you? One

33:53

sentence I'll give you. From

33:55

that fact and that evidence, I

33:57

would submit ineluctably demonstrates here at DILTS. I'll

34:00

meet you in the indictments before you, and

34:02

I would ask that you find yourself. Thank you.

34:04

All right. All right. Thank

34:06

you. More raw

34:08

courtroom coverage of the trial of

34:10

Karen Reed is coming up from

34:12

True Crime Today and the Hidden

34:14

Killers podcast. Press subscribe so you

34:16

don't miss a minute. OK,

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