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1:27

is continuing coverage of the trial of

1:30

Karen Reed from the Hidden Killers podcast

1:32

and True Crime Today. Now back to

1:34

the courtroom. When

1:37

you stare the truth down, you'll see that

1:40

the commonwealth has not proven its place beyond

1:42

a reasonable doubt into a moral certainty,

1:45

not even close. Ladies and

1:47

gentlemen, Karen Reed is

1:49

innocent, do

1:51

justice, and find

1:53

her not guilty. Thank

1:57

you. Thank

1:59

you very much. Mr. Jackson. All right,

2:02

Mr. Lally. Thank

2:11

you, Your

2:14

Honor. I

2:21

hit him. I hit him. I hit him. I hit him.

2:24

It was the

2:26

words of the defendant four times.

2:29

You heard testimony from four different witnesses

2:31

who overheard and observed those statements from

2:34

the defendant on January 29, 2020. You

2:39

heard testimony from firefighter Timothy Nuttall.

2:42

He was trying to bag Val Mask, Mr.

2:45

O'Keefe. He was working on

2:47

resuscitative efforts to try to save Mr.

2:50

O'Keefe's life. He asked if

2:52

anyone saw anything or knew what happened.

2:54

And the defendant said, I hit him.

2:56

I hit him. I hit him. I

2:59

hit him. Firefighter

3:02

Anthony Flamadi was asking

3:04

if anyone had information on why Mr.

3:06

O'Keefe was there in the snow. The

3:09

defendant repeatedly said, I hit him.

3:11

I hit him. Oh, my God.

3:13

I hit him. Firefighter

3:16

Katie McLaughlin was

3:19

tasked by firefighter Flamadi with

3:21

asking for biographical information and

3:23

for what the cause was of the traumatic

3:25

injuries that all firefighters testified that they observed

3:28

on Mr. O'Keefe. She

3:30

asked the defendant. The defendant said,

3:32

I hit him repeatedly. Firefighter

3:35

McLaughlin asked for clarification. You

3:38

did what? And the defendant repeated,

3:40

I hit him. Jennifer

3:44

McCabe stated an issue

3:47

over the phone when speaking with the defendant that the

3:49

defendant said, could I have hit him in

3:52

the car while they're on the phone with

3:54

Ms. Roberts going from Ms. McCabe's house to

3:56

Mr. O'Keefe's house. Did I hit him? Could

3:58

I have him? Once

4:01

on scene, once asked as Ms. McCabe

4:03

described by an EMT, for

4:06

name, age, things like that

4:08

related to Mr. O'Keefe, what

4:11

caused the trauma? She

4:13

indicated in her testimony that the defendant said

4:15

repeatedly, I hit him. You're

4:21

a testimony from Officer Sarif, statements

4:23

that he attributed to the defendant as saying that

4:25

morning, this is all

4:27

my fault, this is all my fault, I

4:30

did this. This

4:33

is what the defendant is saying on scene. Since

4:37

then, stories changed a little

4:39

bit. But

4:41

those were the words that came from the defendant's mouth

4:43

on January 29, 2022, if

4:45

John O'Keefe lay dying on the front lawn

4:47

of 34 Fairview Road, where

4:49

the defendant had left him after

4:52

striking him with her motor vehicle several

4:54

hours before, and then left

4:57

him freezing there in

4:59

a blizzard. There's

5:01

certain things that have come up

5:04

over the course of this trial as far as

5:06

evidence and testimony are concerned, little things. And

5:08

what I would suggest to you, it's those

5:11

little things that are quite telling, as it

5:13

pertains to the defendant's statements and the defendant's

5:15

actions over the course of January 28 and

5:17

January 29 and beyond. I'm

5:21

going to bring some of those to your attention as I go

5:23

through, but just ask you to keep

5:25

that in mind as far as when you're deliberating, when

5:27

you're reviewing this testimony and this evidence. The

5:30

little things matter. The little things start piling

5:32

up in this case. Throughout

5:35

the course of this trial, you've heard a lot of purported

5:37

evidence or questions of

5:39

witnesses in an attempt to distract you from the

5:42

evidence in this case. It's

5:44

essentially defense by obfuscation. It's a three-card

5:46

monitor. Facts and the

5:48

evidence in this case are your part, they're the queen of

5:50

hearts. And so what I

5:52

want you or what the defense wants you to do is

5:54

not look at that card, look at anything else, look at

5:57

movement, look at this person, look at that person, look at

5:59

Texas. messages, look at this, don't

6:02

pay attention to the facts and the evidence because if

6:04

you do, what it will

6:06

it will ineluctably lead you to is that

6:08

the defendant is guilty of each of the

6:10

three indictments before this

6:12

court. The

6:16

evidence and the facts of this case are

6:18

for you, the jury, to the side. Using

6:21

your common sense, using your

6:23

life experiences as your guide through

6:25

that as you go. Before

6:29

I turn to that evidence that I will submit

6:31

to you and it will ineluctably demonstrate the defendant's

6:33

guilt, let me first address

6:35

Triple Proctor. The

6:38

text messages from Triple Proctor are

6:40

unprofessional, indefensible, and inexcusable. However, as

6:42

distasteful as those messages

6:47

are and their content is, I submit they had

6:50

no bearing whatsoever or impact. Whatsoever

6:57

on the integrity of the entirety

7:00

of the investigation that Massachusetts

7:02

State Police collectively conduct into John

7:04

O'Keefe's death. As was asked of

7:06

Triple Proctor on

7:09

cross examination,

7:12

these were texts from his personal phone that

7:16

he never thought would see the light of day, asked

7:18

whether or not he ever thought he would be asked

7:20

about these in a courtroom, put

7:23

to him in sort of a safe space, a safe

7:25

place for him to discuss if you will.

7:29

What do you not see in those text messages? You

7:32

don't see any discussion or any

7:35

illusion of any conspiracy, of inframing

7:37

of the defendant, of any planting

7:39

of any evidence, no evidence whatsoever.

7:43

Why? Because it didn't

7:45

happen. There is no

7:47

conspiracy, there is no cover up,

7:50

there is no evidence of any

7:52

of that beyond speculation, rampant speculation

7:54

and conjecture on behalf of the

7:57

defense. Two

7:59

things can be at the same time.

8:01

They're mutually exclusive. The

8:04

texts from Trooper Proctor are

8:06

distasteful, they're disrespectful, they're unprofessional,

8:08

there's no defense to them.

8:10

And the defendant

8:13

killed John O'Keefe. Turning

8:17

to the evidence, let me first

8:19

talk a little bit about John O'Keefe. You heard a lot about

8:23

him over the course of this trial

8:25

about his selfless story, his family and

8:27

friends that loved him, including

8:30

his adoptive niece and nephew.

8:33

You heard a lot about

8:35

the lives he touched and

8:38

the different people who he had friendships with.

8:40

You heard a lot about from those particular

8:42

friends and from his family. Turning

8:46

to what I would

8:49

submit to you is a time one. This may be a

8:53

little hard to see up here,

8:56

what I'm going to go

9:01

with from left to right. January

9:03

28, 2022, 949 in the morning,

9:06

Karen and John begin fighting over text

9:09

messages. 2.25

9:12

p.m. in the afternoon. The defendant texted Mr.

9:14

O'Keefe, tell me if you are interested in

9:16

someone else. Can't think of any other reason

9:18

you've been like this. John

9:20

texts back, nope. 2.25,

9:24

Mr. O'Keefe texts the defendant, things haven't

9:27

been great between us for a while,

9:29

ever considered that. This is

9:31

also testimony that you heard through

9:33

multiple sources, whether it

9:35

be phones, whether it be from the children,

9:37

whether it be from other

9:40

friends or family members, as to the

9:42

relationship in the months and weeks

9:44

leading up to John's murder. 2.32

9:48

p.m. John texts the defendant, sick

9:50

of always arguing and fighting. It's

9:52

been weekly for several months now. He

9:56

then texts the defendant, O.M.G., stop calling.

9:58

This is during the time frame of the day. that

10:00

Trooper Garina was talking about with 18 phone

10:02

calls, most of which were rejected, some

10:05

of which were missed and a couple of which

10:07

were answered over the course of this afternoon as

10:09

she's continuing to needle and try to engage him

10:12

in a fight that he doesn't want to have. 2.33

10:16

PM, the defendant texts John,

10:18

so you're not into this anymore. 2.34

10:22

PM, John texts

10:24

the defendant, I am not answering, stop calling.

10:27

The defendant then texts John, then stop starting

10:29

with me. 2.38 PM,

10:31

the defendant texts John, I'm going to grab

10:33

a drink in a bit. 2.38

10:36

in the afternoon. Around

10:39

3 PM is the testimony you heard from

10:41

Erin O'Keefe in regard to the defendant texting

10:43

her asking if she can go out without

10:45

her husband Paul asking

10:48

to go out for a drink. This is

10:50

while Erin O'Keefe testified she was waiting for

10:52

one of her children at the bus stop

10:54

picking that child up around

10:56

3 o'clock in the afternoon. This

10:59

is also the point in which the defendant says

11:01

to Ms. O'Keefe, wish I didn't speak to another

11:03

O'Keefe after 2004. 7.30

11:08

PM, you have Mr. O'Keefe and Mr. Camarano

11:10

arriving at CF McCarthy's with the defendant arriving

11:12

at 8.51. 8.58

11:19

PM is when the defendant receives drink

11:21

number one at CF McCarthy's. Vodka

11:23

soda, Paul's cylinder glass, lime and

11:25

a strong. 9.13

11:29

PM, drink number two. 9.20

11:31

PM, drink number three. 9.33

11:34

PM, drink number four. 9.57

11:37

PM, drink number five. 10.22

11:41

PM, drink number six. 10.29

11:43

PM, drink number seven. 10

11:46

drinks from 8.51, excuse

11:49

me 8.58 PM through 10.29 PM

11:52

when she receives that last drink at CF

11:54

McCarthy's. The drink that she indicates to Sergeant

11:57

Mechanic and several others on the

11:59

next day that she did not. with her from

12:01

CF McCarthy's to the waterfall, which several individuals at

12:03

the waterfall testify that she produced from her coat

12:05

when she walked in, and

12:07

that you can clearly see on the CF

12:10

McCarthy's video her walking out the door with

12:12

the same Paul's cylinder glass in her right

12:14

hand. Now keeping understanding

12:16

that some of these drinks are not the

12:19

full Paul's cylinder drinks, what she's doing

12:22

is she's getting shock glasses of vodka

12:24

and then pouring them into the drink

12:26

after she's consumed the drink. 10.54

12:30

PM, the defendant and Mr. O'Keefe arrive

12:32

at the waterfall during the course of

12:34

which about an hour that they're

12:36

there, the defendant receives drinks number eight and

12:38

drinks number nine. 12.10

12:44

AM, from the waterfall video you have Ms.

12:46

McCabe, Ms. Colakethis, and the

12:48

defendant departing the waterfall together. Interestingly,

12:51

around the same time, you also have

12:53

the text and screenshot communications between Colin

12:55

Albert and Alison McCabe in reference to

12:57

him getting picked up at that time.

13:00

You also have testimony from Brian Albert,

13:02

Nicole Albert, Caitlin Albert, Brian

13:04

Albert Jr. in reference to them sort of walking

13:06

in from the waterfall as Colin Albert is walking

13:08

out of 34 Fairview Road, gets

13:11

picked up by Ms. McCabe and then is driven

13:13

home. One minute later, 12.11,

13:15

Mr. O'Keefe is then on

13:18

the waterfall video walking out with cocktail

13:20

glass in his right hand. At

13:24

12.14 AM, Mr. O'Keefe texts

13:26

Ms. McCabe, where to? 12.14

13:30

AM, based on the fact that

13:32

she's driving, and Ma'am McCabe indicated

13:34

in his testimony that she should call

13:36

him instead of texting while driving, Ms.

13:38

McCabe calls John O'Keefe. Speaks

13:41

with him regarding directions or going over

13:43

which way to come in, Chapman Street,

13:45

over Cedar Crest as far as coming

13:47

into Fairview Road. 12.15,

13:50

38 AM, the defendant's vehicle drives

13:52

by the Canton Library. You can see that on the

13:54

video. 12.17, 56, the defendant drives by

13:57

the Temple Beth Abraham video. Again, you can see

13:59

that. that on the video. Remember also

14:01

the testimony from Lieutenant Tully in regard

14:04

to the CSLI data and the ranging

14:06

data in reference to a coinciding with

14:08

what you observe the black SUV from

14:10

each of those respective videos. 121932, Mr.

14:14

O'Keefe enters 34 Fairview Road into

14:16

his ways

14:20

app on his phone. 1223 AM

14:22

is when the defendant conducts a

14:24

three point turn on Cedar Crest

14:27

and travels back toward Fairview. That's from

14:29

Mr. O'Keefe's GPS native

14:32

location data from his phone.

14:35

Around the same time 1223 and 1224

14:37

is when you have that testimony from

14:41

Ryan Nagel, Heather Maxson and Ricky D'Antono

14:44

pulling into Fairview Road around the same

14:46

time and pulling in behind the dark SUV.

14:48

1225 AM is the last

14:50

native location GPS data of John

14:55

O'Keefe's phone. It's in that area between

14:57

32, 34 Fairview Road where his

14:59

body is discovered the

15:03

next morning in which there is no

15:05

movement of that phone

15:07

from that 1225 AM period until Ms.

15:12

Roberts then picks up the phone

15:14

on the grass underneath Mr. O'Keefe's

15:16

body sometime after 16.

15:18

What you have up on the screen

15:20

right now is that data, those plotting

15:23

points that Trooper Barina was testifying about

15:25

as far as the movement of the

15:27

vehicle. The movement

15:30

of the vehicle as it comes

15:33

down, Cedar Crest passes by Fairview,

15:35

reverses direction and then

15:37

comes down Fairview, moving up, moving up,

15:39

moving up as the witnesses describe eventually

15:41

stopping in that area of the property

15:44

line between 32 and 34 Fairview Road.

15:46

Which happens to coincide

15:51

with the vehicle control

15:53

history database information

15:56

from the Toyota Tech Street for

16:00

you here, indicating that

16:03

following that three point turn, approximately

16:05

eight minutes after that, from

16:08

Trooper Paul's testimony, as far as the mileage,

16:10

36 to 38 miles, matching up

16:13

with the time that the vehicle is in front

16:15

of 34 Therapy Road, that the vehicle travels in

16:18

reverse in a straight line with

16:21

24.2 miles per hour for 62 and a half feet

16:23

with a minor steering

16:29

angle change, which

16:31

the Trooper indicated was consistent with the

16:33

pedestrian collision. At 12.30 a.m.,

16:36

you have that second triggering event

16:38

eight minutes after the three point

16:40

turn when the vehicle is in

16:42

reverse at 24.2 miles an hour.

16:46

12.35 is when the defendant calls

16:48

John and that's unanswered. 12.36

16:51

is around the time that

16:53

the defendant's phone connects to the Wi-Fi at

16:55

One Meadows Avenue stroke keeps home. 12.37

16:58

is when the defendant leaves

17:01

this voicemail. John,

17:05

I fucking hate you! So

17:09

within minutes of that vehicle's

17:11

data, going 24.2 miles an hour in reverse for

17:13

62 and

17:16

a half feet, the defendant leaves that

17:18

voicemail seething in rage as

17:21

she's screaming, John, I fucking hate

17:23

you! 12.40

17:27

to 12.42, Ms. McCabe is

17:29

texting Mr. O'Keefe, she tries calling Mr.

17:31

O'Keefe, gets no answer. If

17:34

you recall from her testimony around this time

17:36

frame, about 12.40, she was unsure whether the

17:38

vehicle was actually still out front or if

17:40

it had gone at that point. But she

17:42

was looking for John because she had seen

17:44

the defendant's vehicle in front of the house

17:46

and no one had come in. So

17:49

she was wondering where her friend, Mr.

17:51

O'Keefe was. 12.55,

17:54

the defendant texts

17:56

John, see you later. 12.59,

17:58

the defendant texts John. The defendant calls, leaves

18:01

another voicemail from Mr. O'Keefe. Exhibit

18:04

637. The sign

18:06

is like this. John,

18:08

I'm here with you as a fucking kid. And

18:10

nobody knows where the fuck you are. You fucking

18:12

hurt her. But

18:16

somebody did know where Mr. O'Keefe was. The

18:19

defendant knew exactly where he was. She

18:21

had driven him there, she had struck him there, she

18:23

had left him and died. 102

18:27

a.m., the defendant leaves another voicemail with

18:29

no content. And

18:33

then she texts John, your kids

18:35

are fucking alone. 109

18:39

a.m. The defendant texts

18:41

John, I'm back in Mansfield. The kids are

18:43

home alone. She's not GPS,

18:46

you know, as far as the, it

18:48

never disconnects from the Wi-Fi until the following

18:51

morning. There's no indication that Ms. Reed left

18:53

and went to her home in Mansfield at

18:55

any point. 110

18:57

a.m., the defendant calls her parents. 111

19:01

a.m., she calls Mr. O'Keefe

19:03

and leaves this voicemail. John,

19:07

I'm going home. I cannot

19:09

speak to Amy. I need you to go

19:11

home. You, you are just fucking using me

19:13

right now. You're a fucking other girl. You're

19:16

sleeping next to me. You're a fucking loser.

19:19

Fuck itself. 118

19:23

a.m., the defendant leaves another voicemail. Now,

19:26

about 143 or 145 a.m. is when Julie Nagel testified that

19:28

they were leaving the house.

19:32

And she sees a large

19:34

black object on

19:36

the lawn near the flagpole while leaving 34 Fairview

19:38

Road. Doesn't think much of it

19:40

at the time isn't expecting Mr. O'Keefe or anybody

19:43

to be out on the front lawn. 442

19:47

a.m., the defendant calls and

19:49

speaks. The calls to her parents are

19:52

finally answered. 449 a.m., the defendant

19:55

calls Ms. Camarano, screaming, where's Mike?

19:58

453 in the morning. is when the defendant

20:02

instructs Kaylee, Mr.

20:04

O'Keefe's niece, to call Ms. McCabe.

20:06

Why? Because the defendant doesn't

20:08

have Ms. McCabe's phone number. Indicates

20:12

that John didn't come home. We got in

20:14

a fight and I left him at the

20:16

waterfall. Those are the first statements or the

20:18

first version of events that she's able to

20:20

communicate out to the world as to what

20:22

happened to Mr. O'Keefe and where he is.

20:25

We got into a fight, I left him

20:27

at the waterfall. 5

20:30

a.m. the defendant calls Carrie Roberts, saying

20:32

John's dead, Carrie, Carrie, Carrie, Carrie hangs

20:34

up the phone. 5.01

20:37

the defendant calls Carrie Roberts

20:39

again. And it's at

20:41

this point that she indicates that John's dead, he must

20:43

have been hit by a clock. 5.07

20:50

a.m. the defendant leaves one meadow's ave. You

20:52

have the video of that, it's number

20:54

153 in exhibit six. We'll

20:58

get to that a little more in a moment. About

21:00

5.10 a.m. the defendant calls Carrie

21:02

Roberts, Ms. Roberts starts calling hospitals,

21:05

calling calling 911,

21:08

something that you would do if you didn't

21:10

know where Mr. O'Keefe was for

21:12

all of these hours that all of these

21:14

other phone calls are being made and these

21:16

text messages are being sent, calling your parents

21:18

and all of these other things. No

21:21

calls to 911 from the defendant. While

21:24

John O'Keefe is laying, freezing

21:27

and dying from brain

21:29

injury and skull fracture on the front lawn of

21:31

34 Fairview Road. 5.11

21:35

a.m. the defendant's vehicle is seen on

21:38

the library camera heading towards the waterfall.

21:42

Seems to be sort of retracing steps. 5.18

21:45

a.m. the defendant's vehicle is seen

21:47

at Washington Street in Chapman on

21:49

the Temple Beth Abraham video, heading

21:51

in the same direction that

21:54

it was the night before when it was

21:56

heading to 34 Fairview Road. is

22:00

when the defendant arrives at Ms. McCabe's house. Ms.

22:03

Roberts arrives shortly thereafter. Both of them

22:05

see the broken tail light at that

22:07

time in the driveway. Now that

22:09

gap of 518 to 535 is way too much time

22:14

to be driving from the area of

22:16

the waterfall to Jennifer McCabe's house.

22:20

And as I indicated, moment before,

22:23

heading in the same direction, same directionality,

22:25

retracing the steps from the night before,

22:28

heading towards 34 Fairview Road. Why

22:30

is it that the defendant can

22:32

see Mr. O'Keefe when they

22:35

eventually get to Fairview Road and no one else can?

22:37

It's because she knew exactly where

22:40

he was. She

22:42

had hit him and left him there the night before,

22:45

and she had gone back during

22:47

that timeframe between 518 a.m. when

22:49

she's seen on the temple video

22:52

and 535 when she arrives at Ms. McCabe's

22:54

house. By

22:56

23, I'm sorry, 533 is when the defendant, Ms. McCabe and

23:03

Ms. Roberts return to one metal's house searching for

23:05

junk. 603 is when

23:07

the defendant and no one else spots

23:10

Mr. O'Keefe's body buried in the snow. Exhibit

23:14

12, indicating this cruiser

23:17

camera video, which I know you've seen a

23:19

dozen times. So where

23:21

I'm starting it from this point and this card

23:23

right here is the spotlight that Officer Sarip

23:25

had to use in order to locate, even

23:28

with the vehicle of Ms. Roberts, parked right

23:30

in the middle of the road. So,

23:34

in the dark, in the snow, in

23:36

the blizzard, in

23:59

those conditions. The defendant sitting in

24:01

the back seat of the vehicle knows

24:04

exactly where Mr. O'Keefe is covered in

24:06

snow as you heard from all of

24:08

the paramedics, from the civilian witnesses, from

24:10

the first responders. But the defendant

24:13

knows exactly where he is.

24:15

607 a.m. Ms. McCabe calls

24:18

911, 608. The

24:21

defendant leaves that

24:23

four or five minute voicemail leaving

24:26

the phone and the car for some

24:28

reason to Mr. O'Keefe's phone. 623

24:32

and 624 in the morning is

24:34

when Ms. McCabe conducts those Google searches.

24:38

750 in the morning is when Mr.

24:40

O'Keefe is pronounced deceased at Good Samaritan

24:43

Hospital. 413

24:45

to 420 p.m. is when

24:47

the defendant's SUV is towed from

24:49

her parents' house in Dighton. 520

24:52

p.m. is when the search team arrives in

24:54

the area of 34 Fairview Road to conduct

24:56

the search for evidence. 530

24:58

p.m. is when the defendant's vehicle

25:00

arrives at the Camden Police Department

25:03

south. We

25:07

circle back for a moment to

25:10

Mr. O'Keefe, to his families, to his

25:12

friends, and

25:15

to his relationship with the defendant. You

25:18

heard testimony from Paul and Aaron O'Keefe that

25:21

they liked the defendant, that they thought he was good for

25:23

John, thought he was good for the kids. All

25:27

outward appearances of the relationship were good. You

25:30

heard testimony from the children that that was

25:32

not true behind closed doors. But

25:36

Paul O'Keefe testified that he

25:38

told the defendant's parents that he liked Ms.

25:40

McCabe, that he thought that she was good

25:42

for John, thought that she was good for

25:45

the kids weeks before John's murder. Even

25:49

blew her kiss in the emergency department at

25:51

Good Samaritan as he was

25:53

walking out and she was still being treated

25:55

while they were there. Invited her over to

25:57

John's house to grieve with him. invited

26:00

her to sit down with him while

26:03

he explained to their nephew Patrick

26:06

about John's passing. Then

26:10

it shows up at the house. Abruptly

26:13

goes upstairs with her father for a period of

26:15

about 15 minutes, which is about half of the

26:17

time that she spent there that morning, breathing with

26:19

the family. She

26:22

left with a bag of her belongings, drove

26:24

with her family there, and then took an extra

26:26

vehicle in the height of the blizzard around 12,

26:29

1 o'clock in the afternoon, drive

26:31

that vehicle all the

26:34

way from Kenton, where it was parked

26:36

at her boyfriend's house, where she stayed

26:38

over on many occasions,

26:41

drove that vehicle, or felt the need to drive

26:43

that vehicle from Kenton all the

26:45

way down to her parents' house in Dighton at the height

26:47

of the blizzard. You

26:51

heard testimony from Erin O'Keefe of the

26:53

text messages in the phone call on January

26:55

28th. You've

27:02

heard that Erin O'Keefe called

27:05

the defendant on the morning of the 29th because she

27:07

was concerned for her. She wanted to know what was

27:10

going on with someone she considered her friend. The

27:13

defendant yells, John is dead. Ms. Robertson grabs the

27:15

phone and then updates Erin O'Keefe as to what's

27:18

going on with John. Erin

27:20

O'Keefe again calls back later because

27:23

she's concerned for someone that she

27:25

considered her friend. How does

27:27

the defendant respond? These are some

27:29

of the little things. Fennant indicates

27:32

to Ms. O'Keefe that she just has to remember the

27:34

bad times and indicates

27:36

to her, I don't think I'll ever see you guys.

27:39

This is after she's done her quick

27:41

in and out at one Meadows

27:43

Ave and is now with her parents or

27:45

with her father, driving that car,

27:47

essentially taking the murder weapon from Kenton and

27:49

bringing it down to her parents' house in

27:51

Dighton. She's indicating over the

27:53

phone to Erin O'Keefe. I

27:55

don't think I'll ever see you guys. Why?

28:02

If she didn't kill John, why would she say it? You

28:06

heard a lot of testimony about New Year's Eve in a room. You

28:10

heard the testimony from Miss O'Keefe in

28:12

regard to them exchanging her and the

28:14

defendant exchanging text messages on

28:16

the flight down, arranging times to meet up. And

28:20

then the defendant telling Erin via text

28:22

message that she caught Johnny kissing Laura's

28:24

sister in the hotel lot. She

28:26

got into an argument about it and then

28:28

they never met, meaning the defendant, Miss O'Keefe,

28:31

got into an argument about it and she

28:33

and Erin O'Keefe never ended up meeting up in a

28:35

room. You heard testimony

28:37

consistent from Laura Sullivan, Marietta Sullivan,

28:39

as well as the children. The

28:42

kiss never happened. It

28:45

never would happen based on the

28:47

relationship, the godfather relationship that John

28:49

O'Keefe had with Laura Sullivan, her

28:51

family, and particularly Laura Sullivan's child.

28:55

The defendant persists with this unfounded

28:57

suspicion and accusations of infidelity in

29:00

her text messages with Miss O'Keefe,

29:02

in her text messages with Mr.

29:04

Higgins, where she's accusing Mr. O'Keefe

29:06

of making out in the lobby

29:08

with Marietta Sullivan. Both

29:10

of the Sullivan's and the children

29:14

have the defendant and

29:17

Mr. O'Keefe following this incident with

29:19

Marietta Sullivan going into a room.

29:22

Both of the children testified that they're in that room for about

29:24

20 to 25 minutes and they're

29:26

arguing and they're arguing about the

29:29

defendant indicating that Mr. O'Keefe

29:31

kissed someone in the lobby. You

29:34

have Laura Sullivan's testimony, about 20 to

29:36

25 minutes after her sister comes out

29:38

and states her displeasure

29:40

about the defendant. It's

29:43

about 20 to 25 minutes before Mr.

29:45

O'Keefe comes out and then he and

29:48

Miss Sullivan have a conversation. When

29:51

Sullivan indicates that Mr. O'Keefe's phone is essentially

29:53

blowing up, lighting up with calls and texts

29:55

from the defendant, I

29:58

would submit similar to the afternoon of January. 28th.

30:01

Mr. O'Keefe says she's crazy and he needs to

30:04

take this and goes off from it.

30:06

Sullivan has later conversations with Mr. O'Keefe

30:09

on this Aruba trip, asked

30:11

him if he's okay, asked him

30:13

if he's happy. She

30:15

indicated in her testimony that Mr. O'Keefe shrugs

30:17

it off and says it is what it is.

30:22

You heard testimony from the children about

30:25

the arguments in the weeks and the months.

30:27

I know this is a displeasure to the

30:29

defense counsel that the children came in and

30:31

actually testified as to what happened behind closed doors

30:34

in the house. They

30:38

both recall frequent fights. They both recall

30:40

Mr. O'Keefe trying multiple times to break

30:42

up with the defendant, asking

30:44

her to leave the house. The defendant refusing

30:46

to leave the house. Her,

30:49

his niece Kaylee. John

30:52

tried to defuse, tried to walk

30:54

away and the defendant would follow

30:57

each time during each argument. They both

31:02

indicated that Mr. O'Keefe had told the

31:04

defendant the relationship had run its course.

31:07

Similar to language within the text messages you

31:09

have between the defendant and Mr. O'Keefe. Mr.

31:13

O'Keefe was sick of arguing, again

31:15

mirroring those text messages from January

31:17

28th, leading up and

31:20

going out to see if McCarthy is

31:22

eventually the waterfall and the

31:24

defendant killing Mr. O'Keefe in

31:26

the early morning hours of January 29th. We

31:30

have testimony in regard to the rain camp. Kaylee

31:35

indicated in her testimony that John had had

31:37

that for about a year. So during the

31:40

course of two years or so of the

31:42

relationship with the defendant, he got it while

31:44

he was dating the defendant. The

31:46

defendant had the security codes to the garage. Neither

31:49

of the kids had access to the

31:51

camp. Tripogorino checked the laptop and the

31:53

desktop that were left after the defendant

31:55

did the quick cleanup upstairs with her

31:57

father upstairs in the home. neither

32:00

of those devices had access to the ring cameras.

32:03

John had access on his phone. The

32:06

defendant indicates, if you recall,

32:09

in some of those text messages in regard to

32:11

the romantic kiss that she placed on Mr. Higgins.

32:14

Earlier on January, whatever it was

32:16

during Patriots, Mr.

32:18

Higgins and Mr. Jackson was indicating weren't very good

32:20

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

32:22

to his home for a Patriots game in which

32:25

time the defendant escorted Mr. Higgins out of the

32:27

garage and placed a romantic kiss on him. But

32:30

during those text messages, when they're talking about

32:32

that, if you recall, the defendant is saying

32:34

something or joking about something that Mr. O'Keefe

32:36

had been looking at the videos and had

32:38

been asking her if there was something going

32:40

on with her and Mr. Higgins. And

32:43

what was her response to that? I

32:45

know where the cameras are. There

32:51

are only two videos missing from that ring system,

32:54

one being the defendant getting to Mr.

32:56

O'Keefe's house after murdering him, and

32:58

the other, when the defendant is

33:01

showing Ms. McCabe and Ms. Roberts the broken

33:03

tail light, both of

33:05

which, both Ms. McCabe and Ms. Roberts,

33:07

testified as having occurred.

33:10

No video over. The

33:14

variety of stories that the defendant tells on the morning of

33:16

January 29th. There were

33:18

text messages and voicemails from the defendant to Mr.

33:20

O'Keefe, 53 phone calls from 1233 a.m. to 6038.

33:25

Zero phone calls to 911. The

33:28

defendant calls Katie Camarano. The

33:31

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

33:33

the morning, 442 in the morning. The

33:37

call then from Kaylee's phone to

33:39

Ms. McCabe because the defendant didn't

33:41

have Ms. McCabe's phone number, both

33:46

Kaylee and Ms. McCabe indicate that

33:48

the defendant initially indicates, or

33:50

says, that she got into a fight

33:52

with Mr. O'Keefe and left him at the

33:55

waterfall. From this information,

33:57

Ms. McCabe then testified. She starts to call her.

34:01

because Chris Albert, Julie Albert, they live close

34:03

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

34:05

As the phone is ringing, this is the

34:07

phone call that both Miss Albert and

34:10

Miss McCabe testified was never answered. As the

34:12

phone is ringing, her husband Matthew McCabe reminds

34:14

her that they saw the defendant and Mr.

34:16

O'Keefe and the call outside of 34 Fairfield.

34:19

So she hangs up. During

34:22

this call or during these subsequent calls, the defendant

34:24

indicates to Miss McCabe, maybe I hit him, did

34:27

I hit him? She then calls Miss Roberts at

34:29

5 AM on the dot, indicates John's dead,

34:31

hangs up the phone, calls back a

34:33

minute later, indicates that Mr. O'Keefe was

34:35

now hit by a clock and that

34:37

he's dead. And then

34:39

indicates further that she's drunk and doesn't remember.

34:44

She tells Miss McCabe about the crack tail light before

34:47

they even get in the vehicle and go

34:49

anywhere, as you recall the testimony of Matthew

34:51

McCabe indicating that he has some concerns about

34:53

them driving around in a vehicle

34:55

with a damaged tail. In

34:57

the middle of a blizzard. Miss

35:00

Roberts' testimony that she saw the broken tail

35:02

light in the driver at Miss

35:04

McCabe's house and that it was consistent

35:06

with what she observed in the photographs

35:09

that were shown to her of it later. In

35:11

the Sally court at the Cairn Police Department

35:13

garage when the search warrant is executed on

35:15

February 1st. You

35:22

have the text messages between the defendant and Laura

35:26

Sullivan from January 29th

35:28

in which the defendant indicates to Laura Sullivan

35:30

that John is dead, indicates

35:33

that we found him in the snow at 5

35:35

AM. And

35:38

every indication is that he was

35:40

found in the snow by the defendant, Miss

35:43

McCabe, and Miss Roberts around 6 AM. 5

35:46

AM would be about an hour before. 5

35:49

AM would be between that time of where the

35:52

defendant is on account for heading in the direction

35:54

of 34 Fairview Road, 518, 535. little

36:00

things. The

36:02

defendant asked this to Google how long did I end the

36:04

call. You have the testimony of Mr. Hyde and Mr. Wither.

36:11

As to SQL databases, P

36:13

list databases, knowledge C databases,

36:16

state DB tabs as

36:18

far as all of them. Also

36:20

from trooper marino as well. These

36:23

searches were unequivocally done at 6 23, 6 24 in

36:25

the morning and not at 2 27 and 40 seconds

36:30

in the morning. They were not deleted by

36:32

user. That is not what deleted means. Frankly,

36:36

Mr. Green, last

36:38

question that I asked Mr. Green, was

36:40

he aware that cell

36:43

bright and by cell bright, the

36:45

person who designed that being Mr.

36:47

Wither had to alter exactly

36:50

how their software worked

36:52

because of people like Mr. Green

36:54

misinterpreting the data as he did

36:56

in this case. And what did

36:58

Mr. Green say? Yes. But

37:05

those questions as far as how long to

37:07

die in the cold, I would submit near

37:10

the questions that the defendant asked

37:12

firefighter Whitley in the back of the ambulance. If

37:14

you recall those, she asked firefighter

37:16

Whitley how long to die in the cold without

37:18

a jacket. He knew

37:20

how Mr. O'Keefe was dressed. She

37:23

knew when she left him to die in the

37:25

cold how he was dressed. But

37:29

if any made statements to firefighter Becker, that's

37:31

the last time she saw Mr. O'Keefe there were an

37:34

argument. Again, in the back of the same ambulance

37:36

as firefighter Whitley. You have

37:38

testimony from firefighter Woodbury. Same

37:40

kind of questions. If Mr.

37:42

O'Keefe could be alive without a jacket. You

37:46

have the testimony from each of these firefighters

37:48

as to sort of the vacillating emotional state

37:50

of the defendant that more. What

37:54

you have in the testimony from firefighter Woodbury

37:56

is that despite all that, there are no

37:58

tears that he observed from the defendant at

38:00

that time. What each of

38:02

those first responders indicate

38:05

is that the defendant repeatedly stated, is

38:07

he dead, is he dead? Not

38:10

is he OK, is he going to be OK,

38:12

how is he, any sort of

38:15

questions about the medical condition. Is

38:18

he dead? That phraseology repeated over

38:20

and over and over again. And

38:23

when you take into juxtaposition,

38:27

that phraseology, text

38:30

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

38:34

unaccounted for time, heading in the direction of 34 Fairview

38:36

Road, 518 to 535. The

38:39

repeated questioning of firefighter Whitney,

38:41

firefighter Woodbury, asking Miss McCabe

38:44

to look up those things in her phone.

38:47

She's looking for confirmation is

38:49

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

38:51

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

38:53

he dead? You

38:58

have the testimony that you've heard from Miss

39:00

McCabe and Miss Roberts.

39:03

I say them together because as far as

39:05

these two women were concerned, they did not

39:07

know each other, really at all. The only

39:09

time, as they both testified to, that they

39:11

had ever spent appreciably together prior to January

39:13

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

39:19

them out for sneakers, because he had some

39:21

sort of deal at a Reeboks outlet or

39:23

something like that, to sort of try

39:25

to pay them back for the help they provided him

39:27

and the children. Jennifer with

39:29

respect to Denise and Kerry with

39:32

respect to Deneff. But

39:35

they're both contacted by the

39:37

defendant in the early morning of January 29. As

39:40

Miss McCabe testified, John was my friend. I

39:43

love John. He was an amazing guy. At

39:46

the waterfall, Mr. Albert said going

39:48

home to have a drink with his son, Brian

39:51

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

39:53

of the tape. She

39:55

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

39:57

guys should come, both of

39:59

them. defendant and the victim indicated that they

40:01

wanted to come and that they worked. She

40:05

describes the phone calls and the text

40:07

messages that she receives from Mr. O'Keefe,

40:09

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

40:11

providing directions to go down Chapman. She

40:13

describes how that is. And you've heard

40:16

this testimony from a couple of different

40:18

witnesses as far as the steepness as

40:21

you're going down Chapman, and she's going

40:23

down Fairview of coming off of Chapman,

40:25

that you first go down a big

40:27

steep hill. It flattens out for

40:29

a little bit and then you go down a second, two

40:32

hills going down on Chapman, matching

40:37

the GPS native location and the health data

40:39

as far as where Mr. O'Keefe's phone

40:41

is, a half mile away from 34

40:44

Fairview Road at the time that his

40:46

health data is reporting that he's ascending

40:48

or descending three flights of stairs. You

40:51

hear the testimony from Ms.

40:53

McCabe as far as the last time that she spoke

40:55

to Ms. O'Keefe. That she's still

40:58

trying to provide directions

41:00

to Fairview because Ms. O'Keefe has never been there

41:02

before and neither has a defendant. Which

41:06

is further corroborated in Tripugrino's testimony as far

41:08

as the vehicle passing by Fairview and then

41:10

coming back in on the other side. Having

41:13

to reverse direction. But she's giving

41:15

directions and she indicates that she uses

41:18

a house that Mr. O'Keefe

41:20

will be familiar with that belonging

41:22

to Bella or Bella's mom. Bella's

41:25

mom is an ex-girlfriend for a short period

41:27

of time, a long time ago. However,

41:31

in the defendant's mind, it's

41:35

so pressing on her mind that she's

41:37

still talking about it the next morning

41:39

or later on that morning when she's

41:41

riding going towards Fairview Road with Ms.

41:43

Roberts and Ms. McCabe in Ms. Roberts'

41:45

car. She's still talking about it at

41:47

that time. It's that much on her

41:49

mind. Ms.

41:52

McCabe indicated that she looked out and she saw

41:54

the vehicle initially in front of the front door

41:56

after Mr. McCabe, after Brian Albert Jr., after Ms.

41:58

McCabe. Julie Nagel, Ryan

42:01

Nagel, and the vehicle moved up

42:03

several times or several spots to

42:06

where it was then positioned. Initially

42:10

at some point in front of the door, then

42:12

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

42:15

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

42:17

body was discovered later

42:19

on that morning, at

42:21

least by Ms. McCabe and Ms. Roberts. And

42:24

then it moves up further beyond that.

42:27

And I say that in the sense that

42:29

if it moves up further beyond that with

42:31

sufficient distance for it to then go in

42:33

reverse for 62.5 feet at

42:36

24.2 mph, striking Mr. O'Keefe and leaving

42:38

him where he was found later on

42:40

in the 29th. Again

42:43

the testimony from Ms. McCabe that about 1240 when

42:46

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

42:48

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

42:50

still out front or had left at

42:53

that point. She wakes up to a phone call from

42:57

John's niece Kaylee at 453 in the morning.

42:59

This is from an 8th grader 14 year

43:01

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

43:04

morning. She then hears

43:06

the defendant screaming loudly over and over again,

43:08

Jen, Jen, Jen. John didn't come home, got

43:10

in the fight, left him at the waterfall.

43:13

The variations, different iterations of that story as

43:16

it evolves and changes over the course of

43:18

that morning. Ms.

43:22

McCabe then indicates the defendant we saw you

43:24

outside of my sister's house. Then she starts

43:26

yelling, Jen, Jen, did I hit him? Could

43:28

I hit him? Then

43:30

they start discussing where the defendant brings up her

43:33

cracked tail. Then

43:35

hear her, both Ms. McCabe

43:37

and Mr. McCabe, hear the defendant screaming outside

43:39

of their home at about

43:41

5 o'clock in the morning. They're shortly

43:44

after 5 o'clock in the morning. They

43:47

go to Mr. O'Keefe's house and

43:50

both Ms. McCabe

43:52

and Ms. Roberts indicates,

43:56

and you heard this testimony from a number of different

43:58

witnesses, friends and family. of Mr.

44:02

O'Keefe that he

44:04

had a rule board. Pretty sick of a rule in his

44:06

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

44:09

And so what did Ms. McCabe and Ms. Roberts both

44:11

do when they're entering in that house on January 29th?

44:14

They take off their boots, they come out in the

44:16

snow, they take off their boots in the mud room

44:18

and then they walk in. What did they both indicate

44:21

that the defendant did that morning when she came back

44:23

to the house? Walked

44:25

right in with the shoes. You

44:28

hear that second voicemail. It's

44:30

after the defendant's arrived back at One Meadows

44:32

Ave after her phone is reconnected with

44:35

Mr. O'Keefe's wifi. And

44:37

you can hear the footsteps. Part

44:40

of that may be in the garage, part of that might be in the

44:42

house. Why is

44:44

it that the defendant have no issue with

44:46

wearing shoes in the house when Mr. O'Keefe

44:48

has that strict rule because she knows where

44:50

he is? She

44:53

knows it's not an issue, he's not coming home because

44:55

she hit him with her SUV and she left him

44:57

in the snow. Ms.

45:02

Roberts and Ms. McCabe frantically

45:05

sort of running around the house looking for

45:07

Mr. O'Keefe. Defendant's knocked.

45:11

They then get in the vehicle, they

45:13

drive back towards Fairview

45:16

Road and again the defendant from the backseat

45:18

of the vehicle immediately

45:21

sees the defendant, starts pulling and kicking

45:23

on the door and runs in sort

45:25

of a beeline straight over to

45:28

where Mr. O'Keefe is laying on

45:30

the front lawn. We

45:38

have the testimony from Ms. Roberts as

45:41

far as John's

45:43

phone. John's phone,

45:45

when the firefighters pick

45:48

him up and you recall several witnesses testifying about

45:50

that, pick him up on the spook stretcher and

45:52

then bring him over to the ambulance while they're

45:54

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

45:56

life. Ms. Roberts indicated that

45:58

she observed underneath it. Only

46:01

the foam. The foam on

46:03

the grass. On the

46:05

grass in the area that is completely

46:08

covered in snow in every other area

46:10

except under Mr. O'Keefe, which

46:13

I would submit indicates how long Mr. O'Keefe

46:15

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

46:17

or so is when it starts to snow

46:19

and starts to stick a little bit. You

46:22

heard all that testing and I

46:24

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

46:26

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

46:28

a point to that. Okay? As

46:31

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

46:33

body, where his cell phone was, Ms.

46:35

Roberts observed, some six hours later after

46:38

it starts snow, it's still

46:40

visible only under Mr.

46:42

O'Keefe where his body was, which

46:45

I would submit as evidence to you as to

46:47

how long he's been there. Now

46:51

on top of that, you

46:53

also have hours of ring videos

46:55

of the driveway as far as

46:57

shoveling and Paul O'Keefe and other

46:59

people, snow blowing and shoveling and

47:01

all those kinds of things. There's

47:05

a purpose of that as well. If

47:07

you look at those, if you look at the video

47:09

of the defendant crashing into

47:11

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

47:13

anywhere from zero to five, which even Dr.

47:16

Wolf would indicate would not cause

47:18

the damage to the tail light that was

47:20

observed in this case. You know what you

47:22

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

47:24

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

47:26

You don't see any red or clear plastic

47:29

pieces in the snow. And if

47:31

you look at those stills, not the ones that

47:33

counsel put out there during his closing, but if

47:35

you look at each of the video in the

47:37

stills, you can see the damage consistent with

47:39

the tail light at each and every point. You see

47:41

the damage consistent with the tail light from the 507

47:44

video. You see the damage

47:46

consistent from the A22 video from

47:48

Lieutenant Ray from the cruiser camera

47:50

video when he's pulling into the

47:52

driveway. You see the damage consistent

47:54

from the Dighton video at the

47:56

defendant's home. You see the damage

47:58

consistent from the right. here, February

48:01

1st, 2022, when the search warrant

48:03

is conducted, Ms. Hartnett removes all

48:05

those pieces from the vehicle. The

48:08

weather is also important when it comes to the hair.

48:11

The magic hair is Mr. Jackson likes to call

48:13

it. The magic hair was actually frozen to the

48:15

vehicle, as was the glass to the bumper, because

48:18

the vehicle looked like that on the left when

48:20

it was caked in snow, when Officer Barrow saw

48:22

it in the driveway in Dighton, as they were

48:24

wading through a foot and a half of snow

48:27

walking up, because remember, they didn't even pull into

48:29

the driveway because they had to have someone come

48:31

down and plow it before they could get into

48:33

it. That's what the vehicle

48:35

looked like. What

48:37

you can see, however, is the damage to

48:40

the tail light, to the side of that

48:42

tail light, consistent with it. So that hair,

48:44

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

48:46

to the side. And as you remember, the

48:48

testimony from Sergeant Buchanan about the heated condition

48:50

of the Cannon Police Department garage, and that's

48:52

one of the reasons that they took it

48:54

there, because the other barracks that they could

48:56

have taken it to didn't have that heated

48:58

condition. So yes, after

49:00

it's been in there from January 29th, about 5.30 p.m. until February

49:02

1st, when they conduct

49:05

a search warrant, the hair isn't still

49:07

frozen, as it's contained within a heated

49:09

garage, and the pieces of glass on

49:11

the rear bumper have melted. The snow

49:13

has melted, as you can see from

49:15

left to right. The

49:19

weather, also important I would submit,

49:22

weather was a weapon. Remember,

49:24

the cause of death here is not

49:26

just blunt impact injuries, it's blunt impact

49:28

injuries and hypothermia. You

49:30

heard all that medical testimony in relation to it,

49:32

and you heard all that testimony in relation to

49:34

the snow and the weather and the wind. Wind

49:37

gusts up to 37 miles per hour while he's

49:39

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

49:41

shirt and jeans.

49:46

Now you heard also a testimony from

49:48

Ms. Roberts in relation to the injury

49:50

she observed, Mr. O'Keefe, that

49:54

initially on scene, there was one eye

49:56

that was swollen, not the other. That's

49:58

an indication of... of the swelling that

50:00

Dr. Sporty Bello is testifying to and

50:02

no indication of infeasible altercation. And then

50:04

both eyes being swollen when Ms. Roberts

50:07

viewed Mr. O'Kee's body after his passing

50:09

at the Good Samaritan. Submit

50:16

that all the testimony tells you

50:18

the same consistent accounts. Internally,

50:21

external. From civilian testimony to

50:23

investigator testimony to medical testimony

50:26

to forensic testimony to the

50:28

reconstruction testimony. You

50:32

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

50:34

they couldn't see Mr. O'Kee for Fairview when they initially

50:36

pulled up. You can see that

50:38

from Officer Sarra's cruiser. You

50:43

have Mr. O'Kee being covered in snow from the

50:45

storm. You know where Mr. O'Kee's

50:47

body was. It's clearly visible on the cruiser

50:49

camera from Officer Sarra. You

50:52

have the testimony from each of the responding officers, anywhere

50:54

from five to 12 feet off the road road, and

50:57

from the civilians as well. Ms.

50:59

McCabe and Ms. Roberts, Officer Malaney has

51:01

six inches of snow on Mr.

51:04

O'Kee for the first season. Firefighter Kelly

51:06

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

51:08

until he was five feet away in the

51:10

darkness, in the snow, in the blizzard conditions.

51:12

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

51:14

drag marks around the body. There's

51:18

no evidence of anything in relation to Brian

51:21

Albert and Brian Higgins. Brian

51:23

Albert and Brian Higgins spent

51:25

January 28th, 2022

51:27

traveling to New York City to go

51:29

to a funeral for another police officer,

51:31

for another department who they didn't even

51:33

know, traveled

51:35

all the way down to New York and then came

51:37

back before the blizzard, only to come back from that,

51:40

to go out drinking, to come back

51:42

to Mr. Albert's house, to then murder

51:44

another police officer who they did know, who

51:46

worked for the same department as them, and

51:49

then criminal mastermind genius that Brian Albert

51:51

is, 28 years on

51:53

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

51:55

leave Mr. O'Kee's body on his front lawn, really?

52:00

That's the conspiracy? What

52:02

evidence do you have of that? You

52:06

have statements that the defendant made to Sergeant

52:08

Buchanan on January 29th. She

52:10

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

52:15

Conversational tone throughout. She

52:18

indicated that the night before they had gotten

52:20

to an argument, something about what

52:23

was fed to the children, nothing

52:25

about the detailed arguments and

52:27

incessant phone calls and everything else that you

52:29

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

52:31

on the 28th. She indicated

52:33

that she got CF McCarthy's around 9

52:35

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

52:38

were drinking beers. When asked where she

52:40

parked her vehicle, she said she parked

52:42

in Washington Street across from CF McCarthy's

52:44

facing northbound on the same side as

52:46

Waterfall. Same testimony that you heard from

52:48

Ms. Colakethis observing the defendant going over

52:50

to her vehicle, getting the driver's seat

52:52

and the victim, Mr.

52:54

O'Keefe, getting into the passenger's seat.

52:56

She said they left the Waterfall,

52:59

were invited to her residence. She drove

53:01

her and John to the location in Cannon.

53:03

She dropped Mr. O'Keefe off, did not see

53:05

him walking in the home. She, being the

53:07

defendant, stated she made a free-point turn and

53:09

then left. When asked about

53:12

the damage to her vehicle, she indicated

53:14

to the troopers, I don't know it

53:16

happened last night. June

53:22

2022, you have that other

53:25

reporting of that other version that she now

53:27

has evolved into as far as stating

53:30

the Sargent mechanic, are you aware that John

53:32

was beaten up by Brian and Colin Albert?

53:35

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

53:37

John was pulverized and my tail light was

53:39

cracked. What

53:43

evidence do you have of that? Mr.

53:45

O'Keefe never went in the house. You

53:48

have testimony from Nicole Albert, Brian

53:50

Albert, Jennifer McCabe, Matthew McCabe, Kaitlyn

53:52

Albert, Brian Albert, Jr., Sarah

53:54

Levinson, Julie Nagel, all

53:57

indicating never went in the house. John

53:59

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

54:01

from the testimony and the data points that you

54:03

have from Trooper Green. You

54:05

know how Mr. O'Keefe was dressed and

54:07

you know that if Fenton knew that,

54:09

you have the testimony from Kurt Roberts,

54:12

Jennifer McCabe, Matthew McCabe, Karina Kolokethis, Nicholas

54:14

Kolokethis, Brian Albert, Nicole Albert, Brian Higgins,

54:17

all indicated in the testimony and the defendant knew,

54:20

based on her questions in the firefighters the

54:22

next morning, that Mr. O'Keefe was not dressed

54:24

for the weather when he left the waterfall.

54:27

The weather was a weapon. You

54:34

have the testimony about the car, the defendant's

54:36

car being there in front of the house, moving

54:38

multiple times. You have that from multiple sources. You

54:40

have that from Matthew McCabe, you have that from

54:43

Jennifer McCabe, you have that from Brian Albert Jr.,

54:45

you have that from Julie Nagel, you have that

54:47

from Ryan Nagel. You

54:49

have the testimony of Ryan Nagel, Ricky

54:51

Dantono, and Heather Maxson. As Maxson indicated,

54:54

she saw a male passenger, female operator

54:56

as the vehicle was turned. Remember they're

54:58

coming towards Fairview at the same time.

55:00

The defendant, after conducting that reverse, a three-point

55:03

turn on Cedar Crest, is then taking a

55:05

right on a Fairview, while Mr. Nagel, Mr. Dantono,

55:07

and Ms. Maxson are taking a left on a

55:09

Fairview. Mr. Nagel

55:11

indicates that Mr. Dantono then flashes lights.

55:14

During that time, Ms. Maxson can see

55:16

inside the vehicle, she sees a male

55:18

passenger, she sees a female operator. They

55:21

follow the vehicle as they're turning onto the

55:23

street. Lo and behold, they're going to the

55:25

same residence. They park, there's

55:27

nothing in between them and the defendant's

55:29

vehicle. They indicate that at no time

55:32

do they see anybody get out of

55:34

the vehicle, at no time do they see any damage

55:36

to the vehicle, or it

55:38

hasn't happened yet. At no time

55:40

do they see anyone leave the vehicle and

55:42

go into the house. The

55:45

vehicle moves up on different successive occasions,

55:47

as such provided to you by Mr.

55:49

Nagel and several others. And

55:52

then as they're passing that vehicle, Mr.

55:55

Nagel indicates that he sees a female operator in the

55:57

vehicle with the dome light on it. Interesting

56:00

when I asked Mr. Nagel as far as when Julie

56:03

Nagel came out to the vehicle, did he roll down the

56:05

window or did he open the door? He indicated he opened

56:07

the door. I asked him, what happened when you opened the

56:09

door? What happens when you open the door to a vehicle?

56:11

The dome light comes on. So

56:14

there's a reason I would submit for the inference

56:16

that you can make is that no one sees

56:18

Mr. O'Keefe in the vehicle because that's the moment

56:20

he steps out of the vehicle. And

56:26

then they're gone. Nagel's, Ryan

56:28

Nagel, Ricky D'Antono, and

56:32

Heather Maxson drive away from that. We

56:36

have the testimony from Julie Nagel and Sarah Levinson,

56:38

the peanut butter and jelly sandwich conversation they have

56:40

with Ms. McCabe, which while they're pulling

56:42

away from the house where everybody's attention is drawn,

56:44

Ms. McCabe is turned around facing both of them

56:46

in the backseat. Ms.

56:48

Nagel is facing Ms. Levinson on the path

56:50

through the side, looking out the window towards

56:53

34 Fairview Road. Ms.

56:55

Levinson is looking back at Ms. Nagel away

56:58

from that area, in which Ms.

57:00

Nagel indicates that she sees a five to

57:02

six foot dark blob on the lawn near

57:04

the pole in the hydrant, which

57:06

is just where Mr. O'Keefe is discovered

57:08

the next morning. You

57:14

have the testimony. Recall when

57:16

you have text messages in

57:18

regard to Colin Albert when he gets picked

57:21

up. Mr. Lally, five minutes. Yes,

57:24

sir. Colin Albert, Alison

57:27

McCabe, Brian Albert, Nicole Albert, Caitlin

57:29

Albert, Brian Jr., all

57:31

indicating that it was picked up around that time at

57:34

12 10 a.m. We have the testimony from Christian Julie

57:36

Albert, his parents, as far as when he comes home,

57:38

kisses them goodnight before he goes to bed. You

57:41

have that testimony in regard to Chris

57:44

Albert, as far as how John O'Keefe

57:46

and the defendant come to be at

57:48

the waterfall in the first place, as

57:50

far as John O'Keefe and his nephew

57:52

coming in early in the day, getting a couple

57:54

slices of pizza. What are you doing later on contained

57:57

within those text messages? testimony

58:00

from Lieutenant O'Hara, Lieutenant Tully,

58:02

Sergeant Mechanic about those

58:05

items being recovered. In particular, the items

58:07

being recovered on January 29th by that

58:10

certainty. What did Lieutenant O'Hara

58:12

say? The items

58:14

were found close to the curb. The items were

58:16

at ground level, three feet of

58:18

snow that they had to

58:20

sift through in order to find those

58:22

particular things. The detail or the delay

58:24

in the recovery of evidence, the

58:28

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

58:30

earlier in the storm. This is before the 18

58:33

inches of snow falls down, before there's drifts

58:35

in three feet of snow in places. They

58:37

found the evidence where it had been at

58:39

that same ground level in the

58:41

grass under the snow at 34

58:43

Fairview Road. We

58:47

heard all of the medical testimony, which

58:49

I would submit is consistent, from firefighter

58:51

Fermati to Dr. Rice. We heard the

58:53

testimony regarding the defendants of what alcohol

58:55

concentration for Dr. Fowler and Nick Roberts,

58:57

93 milligrams per deciliter, .07 to

59:01

.08 percent at 908 in the

59:03

morning. We heard it, Mr.

59:05

Roberts' testimony in regard to the retrograde

59:07

extrapolation, .13 to .29 extrapolating

59:09

back to the time of the operation. The

59:12

defendant admits to drinking vodka. It's on the

59:14

receipts from the Sea of Apartheid and from

59:16

the waterfall. You have the witness testimony in

59:18

the surveillance video in regard to that. The

59:24

forensic testimony that you have in

59:29

regard to the medical testimony, you have the sort

59:31

of pattern abrasions, clear plastic that's recovered

59:33

by Lieutenant Harrell and Lieutenant Tully on January

59:35

29th. The clear plastic that has the dimples

59:38

on it. No

59:40

one, not true Paul, at any point in

59:43

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

59:45

at the time that he struck him and he did a

59:47

pirouette and then flew 30 feet in the air. Twelve

59:50

inches of abrasions

59:52

that the doctors were, that the

59:55

biomechanical people were talking about yesterday.

59:58

Twelve inches and then six inches for the tail. is

1:00:01

easily solved by this. And

1:00:03

the dimples on his arm that I would

1:00:05

submit are consistent with the dimples on the

1:00:07

tail light cover piece are right around this

1:00:09

area of the elbow. We

1:00:13

have testimony in

1:00:15

regard to forensics as far as this

1:00:17

Porto, Mr. Bradford, John O'Kee's DNA is

1:00:21

on that tail light house, on the house. His

1:00:25

DNA is there to the exclusion as

1:00:27

well as Sergeant Mechanic and Trooper Paul.

1:00:31

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

1:00:33

broken drinking glass. Mr. O'Kee's

1:00:35

DNA and only Mr. O'Kee's DNA is

1:00:37

on his clothing and his fingernails consistent

1:00:39

with Dr. Scortebello's testimony that there is

1:00:41

no evidence of a fight or an

1:00:43

altercation. There's no one else's DNA under

1:00:45

his fingernails. There's no one else's DNA

1:00:47

on his clothes. You

1:00:51

have the testimony from Ms. Hartman, Trooper

1:00:53

Paul as regards to the damage that

1:00:55

they observed, the dent, scratches, the 7'8th

1:00:58

of an inch hair. You have

1:01:01

the testimony from Ms. Chart in

1:01:03

regard to the mitochondrial DNA profile

1:01:05

from that hair being consistent with

1:01:07

the DNA profile of Mr. O'Kee.

1:01:09

You have the

1:01:11

testimony from Ms.

1:01:14

Valier and Ms. Hanley in regard to the

1:01:17

microscopic pieces, 1'16th of an inch

1:01:19

by 1'16th of a inch.

1:01:21

You have one minute, Mr. Lally. Wrap it up. Yes, sir.

1:01:25

All consistent with pieces of taillight that

1:01:27

are found over things, his clothing. Ms.

1:01:29

Hanley, if I could. 605,

1:01:32

this is what this vehicle

1:01:34

looks like backing up at

1:01:36

that speed for approximately that

1:01:38

distance. There's another Years

1:02:01

and years ago, I started

1:02:04

practicing in Norfolk County, a brain tree that is

1:02:06

now Quincy. I eventually became, far

1:02:08

smarter man than myself, eventually became President of the

1:02:11

United States, his name was John F. And

1:02:13

whatever it may be, our wishes, our

1:02:15

inclinations, or the dictates of our passions,

1:02:18

they cannot alter the state of the facts and

1:02:21

the evidence. What

1:02:23

the constellation of the facts and the

1:02:25

evidence ineluctably demonstrates here is that the

1:02:28

defendant drove her vehicle

1:02:30

in reverse for 24.2 miles per hour, for

1:02:32

62.5 feet, struck Mr.

1:02:36

O'Keefe, causing those catastrophic head

1:02:38

injuries, leaving him incapacitated

1:02:41

and freezing his death. Mr. L.A.,

1:02:43

I have to stop you. You've

1:02:45

gone over. Okay?

1:02:47

I literally have one sentence. One

1:02:50

sentence I'll give you. From

1:02:52

that facts and that evidence, I

1:02:54

would submit and electrically demonstrates here a guilt on

1:02:56

each of the indictments before you, and

1:02:59

I would ask that you find yourself. Thank you. All

1:03:02

right. Thank you. Jurors,

1:03:05

I have my instructions in the law. I'm

1:03:07

going to give you, my guess is it's

1:03:09

probably about an hour. I'd like to start

1:03:11

it now, but does anybody need a short

1:03:13

break? You can take a short

1:03:15

break. Okay, we'll take, we'll come back

1:03:18

in five minutes. You're receiving a notebook, so I'll

1:03:20

give you a chance. All

1:03:22

rise. You

1:03:26

are muted. More

1:03:48

raw courtroom coverage of the trial

1:03:50

of Karen Reid is coming up

1:03:52

from True Crime Today and the

1:03:54

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