Episode Transcript
Transcripts are displayed as originally observed. Some content, including advertisements may have changed.
Use Ctrl + F to search
0:00
Celebrity voice impersonation, not an endorsement. Why
0:03
go to a single furniture store
0:05
when you can go to Big
0:07
Sandy Superstore? Shop and compare
0:09
America's top five mattress brands, plus Nectar
0:11
and Purple. And choose from over 22,000 And choose from over
0:14
22,000 in-stock appliances from the top
0:16
brands at the guaranteed lowest price. Or
0:18
furnish the room of your dreams
0:21
with a large selection of American-built
0:23
furniture. With financing plans for just
0:25
about anyone, there's nowhere else
0:27
quite like it. Big Sandy
0:30
Superstore. Some people just know
0:32
there's a better way to do things, like
0:34
bundling your home and auto insurance with Allstate.
0:38
Or going to the grocery store for milk instead of
0:40
buying your own cow. You
0:43
know there's an easier and better way. Save
0:45
up to 25% Save up to 25% when you bundle
0:48
home and auto with Allstate. Bundled
0:51
savings vary by state and are not available in every state. Saving
0:53
up to 25% is the countrywide average of the maximum
0:55
available savings off the home policy. Allstate Vehicle and
0:57
Property Insurance Company and affiliates Northbrook, Illinois. it
1:01
is Ryan. I'm not sure if you know
1:03
this about me, but I'm a bit of
1:05
a fun fanatic when I can. I like
1:07
to work, but I like fun too. It's
1:09
a thing. And now the truth is out
1:11
there. I can tell you about my favorite
1:13
place to have fun. Chumba Casino. They have
1:15
hundreds of social casino-style games to choose from
1:17
with new games released each week. You can
1:19
play for free anytime, anywhere, and each day
1:21
brings a new chance to collect daily bonuses.
1:23
So join me in the fun. Sign up
1:25
now at chumbacasino.com. No purchase necessary. DW Group,
1:27
when we're prohibited by law. See terms and
1:29
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,
34:21
round two. Name something that's
34:23
not boring. A laundry? Ooh,
34:26
a book club. Computer
34:28
solitaire, huh? Oh,
34:31
sorry. We were looking for Chumba Casino.
34:35
Ch-ch-ch-chumba. That's right. chumbacassino.com has
34:37
over 100 casino-style games. Join
34:39
today and play for free
34:42
for your chance to redeem
34:44
some serious prizes. Ch-ch-ch-chumba. chumbacassino.com.
34:47
No purchase necessary. Over with. By law. 80 plus. Turns and conditions
34:49
apply. See website for details. Some
34:52
people just know the best rate for you is
34:54
a rate based on you with all state. Not
34:57
a rate based on Terry, who keeps and
35:01
makes the car behind them. Oh,
35:04
no, they're about to. Save
35:07
with DriveWise and the Allstate app and only
35:09
pay a rate based on you. Not
35:13
available in every state. Such a determines and conditions. Rating
35:15
factors and savings vary. And in some states, your rate
35:17
could increase with high-risk driving. Allstate Fire and Casualty Insurance
35:19
Company in Affiliates Northbrook, Illinois. Lucky
35:22
Land Casino, asking people what's the
35:24
weirdest place you've gotten lucky? Lucky?
35:27
In line at the deli, I guess? Ah,
35:29
in my dentist's office. More than once, actually.
35:31
Do I have to say? Yes, you do.
35:33
In the car, before my kids' PTA
35:36
meeting. Really? Yes! Excuse me, what's the
35:38
weirdest place you've gotten lucky? I
35:40
never win Intel. Well, there you
35:42
have it. You could get lucky anywhere
35:44
playing at luckylandslots.com. Play for free right
35:46
now. Are you feeling lucky? No purchase necessary. Fully
35:48
reprohibited by law. 18 plus. Terms and conditions apply.
35:50
See website for details. Some
35:53
people just know the best rate for you
35:55
is a rate based on you with Allstate.
35:58
Not a rate based on Terry, who keeps. It
36:01
makes the car behind them. Oh no,
36:03
they're about to... Save
36:08
with DriveWise and the Allstate app and only
36:10
pay a rate based on you. Not
36:13
available in every state, subject to terms and conditions, rating factors and
36:15
savings vary, and in some states your rate could increase with high-risk
36:17
driving. Allstate Fire and Casualty Insurance Company
36:19
in affiliates Northbrook, Illinois. Hey guys, it is Ryan. I'm not
36:21
sure if you know this about me, but I'm a bit
36:24
of a fun fanatic when I can. I like to work,
36:26
but I like fun too. It's a thing. And
36:28
now the truth is out there. I can tell you about
36:30
my favorite place to have fun. Chumba
36:32
Casino. They have hundreds of social casino style
36:35
games to choose from with new games released
36:37
each week. You can play for
36:39
free anytime, anywhere, and each day brings a new
36:41
chance to collect daily bonuses. So
36:44
join me in the fun. Sign up now
36:46
at chumbacasino.com. No purchase necessary. DQW report prohibited
36:48
by law. See terms and conditions. 18 plus.
36:55
Some people just know the best rate for
36:57
you is a rate based on you with
36:59
Allstate. Not a rate based on
37:01
Terry who keeps and makes the car behind them. and
37:03
makes the car behind them. Oh no, they're about to... Oh
37:07
no, there boxers! Save
37:10
with DriveWise and the Allstate app and only
37:12
pay a rate based on you. Not
37:16
available in every state, subject to terms and conditions, rating factors and
37:18
savings vary, and in some states your rate could increase with high-risk
37:20
driving. Allstate Fire and Casualty Insurance Company
37:22
in affiliates Northbrook, Illinois. Lucky Land Casino, asking
37:24
people what's the weirdest place you've
37:26
gotten lucky? Lucky? In line at
37:29
the deli, I guess? Ah, in my dentist's
37:31
office. More than once, actually. Do I have
37:33
to say? Yes, you do. In the
37:35
car, before my kids' PTA meeting. Really?
37:37
Yes! Excuse me, what's the weirdest place
37:40
you've gotten lucky? I never win
37:42
Intel. Well, there you have it.
37:44
You could get lucky anywhere playing at
37:46
luckylandslots.com. Play for free right now. Are you
37:48
feeling lucky? No purchase necessary. Fully reprohibited by law.
37:50
18 plus. Terms and conditions apply. See website for
37:52
details. Terry,
38:00
who keeps and
38:02
makes the car behind them. Oh,
38:05
no, they're about to. Save
38:09
with drive wise in the Allstate app and only
38:11
pay a rate based on you. Not
38:14
available in every state, such a term and conditions, rating
38:17
factors and savings vary. And in some states, your rate
38:19
could increase with high risk driving. Allstate Fire and Casualty
38:21
Insurance Company in Affiliates Northbrook, Illinois. Hello, it is
38:23
Ryan and we could all use an extra
38:25
bright spot in our day, couldn't we? Just
38:27
to make up for things like sitting in
38:30
traffic, doing the dishes, counting your steps, you
38:32
know, all the mundane stuff. That is why
38:34
I'm such a big fan of Chumba Casino.
38:36
Chumba Casino has all your favorite social casino
38:39
style games that you can play for free
38:41
anytime, anywhere with daily bonuses. That should brighten
38:43
your day a lot. Actually, a lot. So
38:45
sign up now at chumbacacino.com. That's
38:48
chumbacacino.com. No purchase necessary. The DW report prohibited
38:50
by law. See terms and conditions. 18
38:52
plus. Some people
38:55
just know the best rate for you is
38:57
a rate based on you with Allstate. Not
38:59
a rate based on Terry who keeps... It
39:03
makes the car behind them. Oh
39:06
no, there boxers! Save
39:09
with drive wise in the Allstate app and only
39:11
pay a rate based on you. Not
39:15
available in every state, such a term and conditions,
39:17
rating factors and savings vary. And in some states,
39:19
your rate could increase with high risk driving. Allstate
39:21
Fire and Casualty Insurance Company in Affiliates Northbrook, Illinois.
39:24
It's time for today's Lucky Land Horoscope with Victoria
39:26
Cash. Life's gotten mundane, so
39:28
shake up the daily routine and be
39:30
adventurous with a trip to Lucky Land.
39:32
You know what they say, your chance
39:34
to win starts with a spin. So
39:36
go to luckylandslots.com to play over 100
39:38
social casino style games for free for
39:41
your chance to redeem some serious prizes.
39:43
Get lucky today at luckylandslots.com.
39:46
Available to players in the US, excluding Washington
39:48
and Michigan. No purchase necessary. VGW Group. Void
39:50
where prohibited by law. 18 plus. Terms
39:52
and conditions supply. Some
39:54
people just know the more you protect, the
39:57
more you save with Allstate. Because they know
39:59
insurance math. Like if you protect
40:01
your home and auto, Allstate can save you
40:03
up to 25%. So
40:05
it's like losing money if
40:07
you don't bundle. Save more when
40:10
you protect more. Bundle home and
40:12
auto with Allstate today. Bundled
40:14
savings vary by state and are not available in every
40:16
state. Saving up to 25% is the country-wide average of
40:19
the maximum available savings off the home policy. Allstate Vehicle
40:21
and Property Insurance Company and affiliates Northbrook, Illinois. Judy
40:24
was boring. Hello. Then,
40:26
Judy discovered jumbacasino.com. That's
40:28
my little escape. Now Judy's the life
40:30
of the party. Oh baby, Mama's bringing
40:33
home the bacon. Whoa, take it easy
40:35
Judy. The
40:37
Jumba Life is for everybody. So go
40:39
to jumbacasino.com and play over 100 casino
40:42
style games. Join today and play for
40:44
free for your chance to redeem some
40:46
serious prizes. jumbacasino.com.
40:48
No purchase necessary for you. We're prohibited by law.
40:51
18 plus terms and conditions apply. See website for
40:53
details. Some
40:56
people just know the best rate for you
40:58
is a rate based on you with Allstate.
41:00
Not a rate based on Terry who keeps and
41:04
makes the car behind them. Oh
41:07
no, they're about to... Save
41:11
with DriveWise and the Allstate app and only pay
41:13
a rate based on you. The
41:24
secret to visibly firmer, summer-ready
41:26
skin is here. Osea's number
41:28
one best-selling and Daria Algae
41:30
Body Oil. Clinically proven to
41:32
instantly improve skin elasticity and
41:34
transform dull, dry skin to
41:36
silky, soft, and unbelievably glowing.
41:39
Rich yet never greasy, Andaria Algae
41:41
Body Oil is formulated with sustainably
41:43
sourced seaweed to help replenish the
41:45
skin's moisture barrier and seven nourishing
41:48
active botanical oils for results you
41:50
can see and feel all over.
41:52
And for the best part, it's
41:54
Signature Scent, a blend of freshly
41:56
squeezed grapefruit, cypress and mango mandarin
41:58
transports you to sun-kissed summer- days.
42:00
This all-natural scent is unforgettable. Everything
42:03
Osea makes is clean, vegan, cruelty-free,
42:05
and climate-neutral certified, so you never
42:07
have to choose between your values
42:09
and your best skin. Get healthy,
42:11
glowing skin for summer with clean,
42:13
vegan skincare from Osea. Get 10%
42:17
off your first order site-wide with
42:19
code GLOW at oseamalibu.com. That's
42:21
O-S-E-A Malibu dot com. Code
42:23
GLOW.
Podchaser is the ultimate destination for podcast data, search, and discovery. Learn More