
Monday in the Karen Read trial, Canton police's use of a leaf blower and red Solo cups to collect evidence in the death of John O'Keefe were called into question, and a paramedic who was at the scene testified that Read told her, "I hit him," repeatedly. Tonight on "Canton Confidential," we review who said what, how the jury may be perceiving the sometimes contentious questions and how it's coming across in the courtroom.
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Latoya
The Canton Confidential podcast is brought to you by NBC 10 Boston news worthy of you. Start your day with Latoya, Raul and Tevin, Weekday mornings at 6. NBC 10 Boston mornings worthy of you. You're watching NBC 10 Boston news worthy of you. Tonight, police use of a leaf blower and red solo cups to collect evidence called into question.
Raul
The same kind of solo cups that we all see at backyard barbecues.
Tevin
Yep.
Latoya
They hold liqu terrifically how one responding officer is defending their actions. Plus, one of the first paramedics on scene when John O'Keefe was found in the snow takes the stand.
Alan Jackson
I asked if there had been any significant trauma that happened that preceded this. And she answered with a series of statements that she repeated. I hit him. I hit him.
Latoya
And questions about closeness.
Alan Jackson
That is true. And you asked me if I knew her and I said yes. And you asked me if I'm friends with her. And I said I wouldn't say friends.
Latoya
More on the fiery exchange over a connection to the family that owned 34 Fairview Road, Canton Confidential. The Karen Reed murder trial starts right now.
J.C. Monahan
Week three of Karen Reid's second murder trial kicked off with a full day of testimony. There were many faces on the stand today. Good evening, everyone. Thanks for joining us. I'm J.C. monahan.
Glenn Jones
And I'm Glenn Jones. There were a literal handful of witnesses questioned, and that was before lunch. And afterwards a retired Canton police lieutenant went on record after he says he used a leaf blower and plastic party cups at the crime scene. Let's get out to NBC10's Melody Mendez. She joins us live outside Norfolk Superior Court to catch us up on what happened today. Melody.
Melody Mendez
Well, Glenn and J.C. it was a busy day. There's a lot to unpack. The day started with a forensic scientist and it ended with red solo cups and a grocery store bag. Take a look. Karen Reed had a blood alcohol level above the legal limit the morning after John O'Keefe's body was found. It was.093%, according to a forensic scientist who was first on the stand in day nine of her retrial. Brian Nagle was up next. He was a passenger in his own pickup truck when they drove to pick up his sister from a party at 34 Fairview around midnight, January 28th. He said he pulled up in front of the home behind a black suv. He saw a woman inside, but no man. Nagle's ex girlfriend, Heather Maxson, another passenger, testified that she saw a man in the passenger seat before but later did not. Next, Sarah Levinson, a friend of Brian Albert's son, who was inside 34 Fairview celebrating his birthday, describing the night as joyful and celebratory. She left the home around 1:30am Getting a ride home from Jennifer and Matt McCabe. Levinson was asked if she noticed anything unusual on her way out of the home that night, like a man laying right in the yard, saying no, but that she'd been looking down at her feet so she didn't slip on the snow during cross. Alan Jack also mentioned that in all the years she'd been friends with Bryan Albert, she had never met the family dog.
Raul
You had never met their dog, had she?
Alan Jackson
Their dog.
Raul
Their dog.
Alan Jackson
I'm not completely sure.
Raul
Didn't you testify about a year ago in another proceeding that although you had been to the Albert home many times, you had never actually met the dog?
Alan Jackson
If that's what it says I said, then yes.
Melody Mendez
Reed's attorneys have argued that injuries on O'Keefe's arm were not caused by an SUV, but instead by Brian Albert's dog, Chloe Jackson. Also mentioning how Levinson was not interviewed by police until nine months after John's body was found. Canton Firefighter paramedic Katie McLaughlin was next on the stand, testifying that in the moments after she responded to 34 Fairview, where John's body was found, Karen Reid said the words, I hit him four times. McLaughlin was also asked about her relationship with the daughter of the homeowner, Brian Albert. During the first trial, Defense attorneys accused McLaughlin of perjury after she testified that she and Kaitlyn Albert were not friends. But photos emerged showing the two in a number of social situations and on group trips together. Last on the stand, retired Canton Police Lt. Paul Gallagher. Gallagher responded to the scene the morning of the 29th and faced intense questioning about how he handled evidence in the case, like using a leaf blower and solo cups and a stop and shop bag to collect evidence. Actions he defended.
Tevin
I thought a leaf blower would be the best method because I have seen it used and to remove light layers of snow.
Glenn Jones
Did the leaf blower work as you had hoped?
Tevin
It was great.
Melody Mendez
As for the use of solo cups to collect blood.
Raul
The same kind of solo cups that we all see at backyard barbecues.
Tevin
Yep. They hold liquid terrifically.
Raul
They're also not sealed. Canton PD has evidence collection bags at Canton pd Yes. You also know that they have materials and tools to gather biological material, correct?
Tevin
We do have swabs, yes.
Raul
But if you're a mile from the Canton P.D.
Tevin
Yeah.
Raul
You could have gone back and done the swab could have, but you didn't.
Tevin
Didn't want to because of the weather.
Melody Mendez
So retired Lieutenant Gallagher will be back on the stand tomorrow where Alan Jackson is expected to continue cross. And we will of course be here live for it all. Reporting in Data, Melody Mendez, NBC 10 Boston.
Glenn Jones
Mel, thank you. Our chief legal analyst Michael Coyne is back with us tonight. And we'd also like to introduce criminal defense attorney Neil Fegel. Welcome to Canton Conventional. Thank you. All right, we want to begin with a closer look at the testimony of Paul Gallagher. Here's more of his answer on why a leaf blower was used to collect evidence. Why didn't you use a shovel?
Tevin
At that point, I was afraid I would miss something or possibly break something. I thought a leaf blower would be the best method because I have seen it used to remove light layers of snow and it can be controlled.
Glenn Jones
There was also mention of a stop and shop brown paper bag for holding evidence and the use of red solo cups as well.
Raul
And what was the purpose of using the red solo cups?
Tevin
They were plastic. They weren't going to leak. They weren't going to get soggy. They were large. I needed a small sample.
J.C. Monahan
All right, Neal, we're going to go right to you with the first question. This is the difference between trial one and trial two, Right. The first time we heard red solo cups and leaf blowers, I think it's safe to say we all went what? Right. This time around, listening to the former lieutenant, it's like, well, yeah, solo cups do hold liquid pretty well. And if you didn't have anything in your car, now it's starting to make sense. But I'm asking you as a defense attorney, should Jackson have gone harder so that I'm not walking away thinking, well.
Michael Coyne
That was reasonable, jc, I think looking at this from a trial attorney perspective. Absolutely. In 30 years, I've never seen red solo cups introduced in a case as holding a liquid. And attorney Jackson has to point out all the negatives that the police have done. And this in my mind was rose to the level of some shoddy investigation and follow up. It's not the way you want to preserve evidence.
Glenn Jones
To JC's point, if you're sitting on the jury, you have your own layman understanding of what is reasonable. This does not seem reasonable. Did he explain it enough to convince somebody otherwise?
Neil Fegel
I thought he explained it about as well as anyone in law enforcement could explain it to me today. He's one of the stronger law enforcement witnesses we've seen. Now in the land of the blind the one eyed man is king. And the law enforcement up to now has not covered themselves in glory as we've talked about before. So he was a strong witness and he's likely going to stay that strong and not cave to Jackson's pressure. But I think what you're going to see, as Neil points out, is there will be more aggressiveness with respect to the visual image of the red Solo cups alone in and of itself. We don't have to be told that blood shouldn't be collected and maintained in there. The jury will see that image over and over. We saw the leaf blower today. I think the defense will continue to hammer away that this is a sloppy, sloppy collection and preservation of evidence.
J.C. Monahan
And yet the explanation was very clean. I mean, given that you had another bite at the apple, it was very well explained. Driving in a blizzard, using my own car, I didn't have any resources. When the moment came, it was clear to me. The prosecution called three people who were in or at the house the night before John O'Keeffe was found. All of them told a similar story. Nothing stood out to them that night. There were no problems at 34 Fairview Road. They all said they saw Karen Reid's car in front of the house around 12:30, 12:45 that night. And they said they never saw anyone go into the house at that time. So, Michael and Neil, did the prosecution make any headway with these witnesses? Did the defense do anything to question whether or not they remember things correctly?
Michael Coyne
I think the prosecution did a nice job in trying to establish that no one went into the house. They showed it from three separate witnesses, two from outside and one that was inside the house. So they clearly, I believe, established that John O'Keefe did not leave or walk across the front yard, go up the driveway into the house.
J.C. Monahan
Yeah, they weren't perfect about when they talked about Karen Reed's car being out front, some said that maybe someone was standing outside the car. Others said they couldn't tell if someone was in the passenger seat.
Neil Fegel
That is the problem with these witnesses is that they gave both sides something to work with. Right. That no one puts him inside the house, but no one says that they saw the body there or they saw him exit the vehicle. And so both the defense and the prosecution have something to work with. I think where the defense has to be much more careful is to me, they're trying the same case they tried last time. And while the witnesses might have the same names, they are not the same witnesses. They are far better prepared. They Stick to what the information is. They're making their key points. So the prosecution is getting a lot to work with here that we didn't see last time, and these witnesses stood up. Well.
Glenn Jones
All right, let's circle back to the testimony we heard from Canton firefighter and paramedic Katie McLaughlin. She's a key witness for Reed's. From Reed's first trial recounting. She heard the defendant repeat the infamous line, I hit him many times.
Alan Jackson
I asked if there had been any significant trauma that happened that preceded this, and she answered with a series of statements that she repeated. I hit him. I hit him. There was a woman next to us who told her to calm down, stop talking, calm down. You're hysterical. So she repeated, I hit him. And a police officer asked her, said, you what? And she repeated it again, I hit him.
Glenn Jones
McLaughlin is such an interesting witness because she went from first responder to having her personal life and friendships probed in ways perhaps she never imagined. Of course, McLaughlin grew up in the same town as Caitlin Albert, whose family lived in the home where O'Keeffe's body was found in the snow. But she has maintained they are not close, and she rejects the defense suggestion that she might conspire over a story to make Karen Reed look bad. There was a contentious moment when Jackson confronted Katie about a group photo where she and Caitlyn were both seen.
Alan Jackson
I was invited to a baby shower. Not Caitlin Alberts. But she was also invited to the baby shower.
Raul
Right. And the two of you posed her photograph together, correct?
Alan Jackson
We posed around the girl that was having the baby.
Raul
Right. You and who else?
Alan Jackson
A bunch of other girls. Her friends.
Raul
Right. Was one of them Kaitlyn Albert?
Alan Jackson
She was in the photo? Yeah.
Raul
Standing right next to you in the photo.
Alan Jackson
She could have been approached, no?
Glenn Jones
We're going to talk about that approach question in a moment. But, Neil, I wanted to ask you about the cross of this witness because I certainly understand the point you made earlier about the cross on Lieutenant Gallagher. That is about potential, not proper conduct while conducting an investigation. But this is a paramedic who seems to have her personal life kind of turned upside down. Would you use the same level of aggression here?
Michael Coyne
I think that's his job. He's a criminal defense attorney. He has to poke holes in a case in any way he can. She arrived on the scene. She wasn't even a paramedic when she arrived. She came in as the backseat driver, the backseat firefighter, and she aided and helped the paramedics that were there. It was only when Karen Reed came to talk to her and she supposedly said, I hit her. I think not once, not twice, but four times. So I think attorney Jackson had to go there to try to show some type of bias, some type of connection between Ms. McLaughlin and the Albert family.
Glenn Jones
Was he successful?
Neil Fegel
I'll disagree with you, my good friend, Neil. I think, you know, we teach that cross examination doesn't have to be cross. Right. You want to get information from the witness and you want to do it in a way that will resonate with the jury, I think. And we've seen too many times. And that's why I said, I think we're trying the same case as last time, but this is very, very different. That I think you have to be careful that the jury doesn't start to sympathize with the first responders who were treating just as badly as everyone else and start to feel that they're going too far. You can make your case for reasonable doubt without exploring the very details of these folks personal lives that every juror wouldn't want to be.
J.C. Monahan
No, I personally feel like we've approached that line if not crossed it. What about the fact that we heard Judge Kanoni deny a request to approach, which for me, you guys tell me, how common is that? This is the first time I've heard it, at least in this trial.
Glenn Jones
It was a firm no.
J.C. Monahan
It was a firm quick no.
Michael Coyne
I think she did that right after a sidebar. So my guess is that they had already discussed the elements of the legal issue at the sidebar, and then they. When he went back and he wanted to start again and she knew where he was going, so she just denied him right then and there, setting the tone.
Neil Fegel
And I think that's right. And I think she's had enough. I think she's saying, okay, listen, all of these exams are dragging on too long. She probably reads, it is not as effective as you are thinking and trying to nudge him to move it a little faster and probably be more effective if these exams were cut by at least about a third. She likely said, we're not going to go all the way to. You want to go keep it focused. He decided to move out of focus again. And she said, no, we're not doing this anymore.
J.C. Monahan
Neil, will you join us again?
Michael Coyne
Sure.
J.C. Monahan
Put him on the spot. Thank you, Neil. Thank you, Michael. I know you're sticking around.
Neil Fegel
Okay.
J.C. Monahan
Okay.
Glenn Jones
Still ahead, everyone's entitled to an opinion, but that doesn't mean there's always a need to comment. Up next, the defense catching a bit of Flack from the judge for more than one response to Testimony. A closer look in just minutes.
J.C. Monahan
You know what? Before we go to break, though, we want to take a moment to remember John O'Keefe, the Boston Police officer, the victim in this case. The Braintree native was a father figure and stepped up to look after his niece and nephew after that unimaginable family tragedy. Canton Confidential, the Karen Reid murder trial will be back right after this.
Latoya
Don't miss any of the Karen Reed murder trial. Get the full recap of what happened in court, expert analysis and what we could see next. This is coverage you won't see anywhere else. Canton confidential, weeknights at 7 on NBC 10 Boston.
Raul
Michael Proctor, you know that name?
Glenn Jones
I do.
Raul
Who is Michael Proctor?
Tevin
He was one of the troopers assigned to investigate the case.
Raul
As a matter of fact, he was the lead investigator for the case, correct?
Tevin
I don't know if he was lead or trooper, mechanic. I don't know.
Raul
As you sit here, you don't know that Michael Proctor was the lead case agent for.
Tevin
I know he was one of them, yes.
Raul
Okay. Do you know that he was the lead investigator assigned to the case?
Tevin
I don't. I had nothing to do with the DA's office.
J.C. Monahan
Karen Reid's defense team continues to spar with prosecution witnesses about details in their testimonies. We've been seeing this over, well since the trial started. Sue O'Connell is here, our courtroom insider. Sue, we were talking that it can get a little tedious as Alan Jackson is trying to hammer home these differences in testimony. Sometimes it's one word or two words, but in the courtroom, what does it feel like?
Sue O'Connell
So it feels like at some point somebody has to give up and surrender, and neither one of them do. And it happens on both sides, but mostly on the cross right now because this is the defense's turn to do cross examination. When a witness and the defense are arguing about whether or not the definition of accompanied means that you went to pick the person up and brought them, or if you were there and they were there or document, does that mean that you put the drone in the sky? Or if you did this, it's tedious and it's fighting and it's going on. And you could just again, five of these jurors never look up. They just sit and take notes the rest of the time. And they're a very tough jury to read because they're all very stoic. But we can feel the like, can we just move along? Do we even care about this? Which is the part Which I think either loses attention on one side or if you're trying to evade it, builds it up. So either way, it's not a good look for someone.
Glenn Jones
So here's the question, Michael. Is Judge Kanoni also losing patience with this? Because of course, she has the ability to move it along?
Neil Fegel
I think so. I think she's been an incredibly patient judge throughout both the first and this trial. But I do think she wants to get this case finished, get it to the jury and get a verdict. And I think she believes that they're at least intentionally floundering some of her orders and some of the rules to try and get those speeches into the jury that you're talking about where she says no, we get to address the jury during opening statements and closing arguments. Beyond that, we shouldn't be making mini speeches before each question and editorializing. And that's what her patients are at an end with. And many, many judges would be as well.
Glenn Jones
That's proper to that point. We've seen a number of times in this trial where Judge Canoni SC Scolds the defense for making comments during a time that is supposed to be only for questions. Here's a couple of examples.
Neil Fegel
I'm sorry, I just. I'm going to do my best to.
Glenn Jones
Ask yes or no questions and then if there's an explanation, Mr. Lally can stand up afterward and have you explain.
Sue O'Connell
But this will go more quickly.
Melody Mendez
No, no comments.
Neil Fegel
Just go ahead and ask a question.
J.C. Monahan
Sure.
Raul
That is a textbook example, what we've just seen of witnesses collision alluding with one another about a subject matter that's under investigation.
Neil Fegel
Correct.
Alan Jackson
All right, jurors, disregard that comment.
J.C. Monahan
Completely disregard that question.
Neil Fegel
Your Honor, may we approach? Yes.
Glenn Jones
So in those examples, Unetti and Jackson getting that rebuke from Judge Kanoni. So when you think about this in the courtroom, sue, and maybe we can think about it as. As an engine revving. Is she getting to the red line yet?
Sue O'Connell
Oh, I imagine so. I mean, I look at her in a way of like if you are the parent of nine children and you have been on a summer vacation on a Cape Cod house and school is approaching and you have had it with them, you are no longer feeding them, you're no longer paying attention to them. There definitely is an impatience. But again, you can also see from Judge Kanoni how much she cares about the jury. Right. None of this ever comes out at the jury. She always warmly welcomes them. She apologizes to them. If it takes too long, she lets them go. You know, it sends him Back to the room. So I think that there's two things going on here, and I also think that when it's Brennan's time for cross, if he does the same thing that Jackson's doing, he's going to get the same amount of correction.
J.C. Monahan
So most of us, if we're watching the trial, it's on the livestream. And when Alan Jackson or any of the lawyers walk away from the podium, you can't hear it as well. Take a little listen just so you can get an idea. In case you haven't been watching, you.
Raul
Noted the blood or the coagulation of blood in and around that area, correct?
Neil Fegel
That's right.
Glenn Jones
Correct.
Raul
You noted where you believe the drinking glass was. In other words, what location, if there were grid coordinates, where it would be. Correct.
Tevin
Correct.
Raul
And you instructed others to transport that important evidence back to Canton PD to have it booked, correct?
Tevin
That is correct.
J.C. Monahan
Okay. I want to say, though, that even sounded better. I think we actually were able to enhance the audio. If you're watching it, sue, there were times I had to stop, maybe put it back a little bit and try to hear what Alan Jackson was saying. He's trying to have these moments. It's not registering for me. But you're in a cramped, small courtroom.
Sue O'Connell
Yeah, it's absolutely registering in the courtroom. And I've said to a number of people on the YouTube stream and on social media, it's not a TV show. It's an actual court case. They don't care in the state of Massachusetts whether you can hear it on your YouTube stream, as long as the jury and the witness can hear it. So in the courtroom, Alan Jackson moving forward and back or any of the lawyers doing that is going to have more of an impact. And even if, you know, we don't have these little mics on in the courtroom, there's microphones throughout the place, and if they move away from them throughout the room, we can't hear them at home.
J.C. Monahan
Just a reminder, it's not about us.
Neil Fegel
As long as they can be heard, they are moving within the courtroom with a purpose. You're approaching a witness or standing closer to the jury box, you want the witness to look at the jury. They're moving with a purpose. They don't care whether all of us at home can fully understand.
J.C. Monahan
This is why we love having sue in there, because we don't from being outside. Michael and sue, thank you so much as always for joining us. If you have any questions, remember, you can send them to us. Canton confidentialbcuni.com and join us every weeknight.
Glenn Jones
At 7 on NBC 10 Boston. We'll have a full recap of the latest developments from court as well as legal analysis. Plus, this week's episodes will be streaming on Peacock. That begins on Sunday. You're watching Canton Confidential, the Karen Reed murder trial there.
Summary of Podcast Episode: "Jury hears about Solo cups, a leaf blower, 'I hit him'"
Podcast Information:
The episode titled "Jury hears about Solo cups, a leaf blower, 'I hit him'" delves into the intricacies of the Karen Read murder trial. Hosted by NBC10 Boston, the episode provides a comprehensive overview of the day's proceedings, highlighting key testimonies and controversial evidence handling methods.
One of the central topics discussed in this episode is the defense’s challenge to the police’s unconventional methods of evidence collection. Retired Canton Police Lieutenant Paul Gallagher testified about using a leaf blower and red Solo cups to gather evidence from the crime scene.
Latoya: "Tonight, police use of a leaf blower and red solo cups to collect evidence called into question." [00:00]
Raul: "The same kind of solo cups that we all see at backyard barbecues." [00:27]
Gallagher defended his actions by explaining the practicality of the tools used under the circumstances:
Tevin: "I thought a leaf blower would be the best method because I have seen it used and to remove light layers of snow." [04:25]
Gallagher: "They were plastic. They weren't going to leak. They weren't going to get soggy. They were large. I needed a small sample." [06:10]
Despite the explanations, defense attorney Neil Fegel criticized the methods:
Paramedic Katie McLaughlin provided pivotal testimony regarding her interaction with Karen Read on the night Officer John O’Keefe was found dead.
McLaughlin recounted how Karen Read repeatedly stated, "I hit him," which raised questions about the circumstances leading to the officer's death.
The defense probed into McLaughlin's relationship with the Albert family, suggesting potential bias:
However, McLaughlin refuted claims of close relationships, maintaining her professional stance.
Several witnesses provided conflicting accounts of the events leading up to Officer O’Keefe's death:
Brian Nagle: Testified about seeing a woman inside the Albert home but no man present. [01:53]
Heather Maxson (Nagle’s Ex-Girlfriend): Initially saw a man in the passenger seat who later did not. [01:53]
Sarah Levinson: Described the night as joyful at 34 Fairview Road but did not notice anything unusual when leaving. [01:53]
These testimonies aimed to establish that no one tampered with Officer O’Keefe before his body was discovered, supporting Karen Read’s claim of a cover-up.
Chief Legal Analyst Michael Coyne and Defense Attorney Neil Fegel provided insights into the courtroom strategies and implications of the day's testimonies.
Michael Coyne: Highlighted the prosecution’s effective establishment that Officer O’Keefe did not enter the house, strengthening Karen Read's defense. [08:53]
Neil Fegel: Criticized the defense’s repetitive strategies, emphasizing that the jurors might perceive the evidence collection methods as sloppy. [07:09]
Courtroom proceedings were marked by tension as defense lawyers attempted to undermine witness credibility, leading to interruptions from Judge Kanoni to maintain order.
The defense's aggressive cross-examination tactics raised concerns about the trial's fairness and the potential bias introduced by probing into witnesses' personal lives.
Alan Jackson: Confronted Katie McLaughlin about a group photo, suggesting possible ulterior motives. [11:22]
Neil Fegel: Argued that such tactics were unnecessary and could alienate jurors seeking reasonable doubt without personal biases influencing their judgment. [12:14]
Judge Kanoni consistently intervened to prevent overly aggressive questioning, striving to keep proceedings focused and unbiased.
The episode concluded with reflections on the day's events and anticipation for upcoming testimonies. The defense and prosecution remain locked in a strategic battle, with both sides aiming to sway the jury's perception through detailed evidence scrutiny and witness examinations.
Sue O'Connell (Courtroom Insider): Observed the prolonged and often tedious nature of cross-examinations, indicating potential fatigue among jurors. [16:25]
Latoya: Reminded listeners of John O’Keefe's personal life and the emotional weight of the trial. [14:52]
The trial of Karen Reed continues to unfold, with each day bringing new revelations and challenges for both the defense and prosecution teams.
Notable Quotes:
This episode of Canton Confidential provides an in-depth look into the complexities of the Karen Read murder trial, highlighting the contentious evidence collection methods and the intense courtroom dynamics that continue to shape the case.