Raul (2:21)

And that's facing straight out.

Tevin (2:23)

Correct.

Raul (2:23)

What about facing diagonally out front?

Tevin (2:28)

Again, as far as the lights will illuminate, how much of the front lawn.

Raul (2:33)

Of 34 Fairview could you see?

Tevin (2:35)

I could see all the way to the front door.

Melody Mendez (2:38)

Loughran knows the home well. He testified that he grew up with Chris Albert, the brother of then homeowner Brian Albert, and often delivered pizzas to that house while working for Chris Albert's pizza shop. In his 20s, Loughran says he made multiple passes along the road throughout the night. His attention focused entirely out the front window to the right and left to avoid hitting anything.

Raul (2:57)

What was on the ground on the Alberts lawn at that point in the area of the flagpole?

Tevin (3:03)

Nothing.

Raul (3:05)

Did you see a 6 foot 1, 216 pound man lying on that lawn?

Tevin (3:12)

No. When you're making the second pass by I saw nothing.

Melody Mendez (3:16)

At around 3:30am he testified that he saw an out of place vehicle in the road.

Tevin (3:20)

As I make my right onto Fairview I notice that there's a vehicle on the right hand side roughly in the area of the flagpole. For as long as I can remember they have never parked a vehicle in front of their house.

Melody Mendez (3:37)

Loughran said he didn't follow DPW protocol to notify a supervisor.

Tevin (3:41)

Knowing the Albert family, knowing that there was a first responder, I gave him respect and opted not to follow procedures.

Melody Mendez (3:48)

Loughran was interviewed by a private investigator for the defense two weeks after OKeefe death and again by another agency a year later before he was ever contacted by Mass State police. On cross examination, Hank Brennan tried to show that Loughran's testimony has changed over time but the plow driver stood firm.

Michael Coyne (4:04)

Many times your memory has changed. Is that fair to say?

Tevin (4:08)

It has not.

Melody Mendez (4:09)

Next on the stand, Corina Kolakeithis, a friend of John O' Keefe's and Jennifer McCabe's through their daughter's sports. Kolakithis was at the Waterfall Bar and Grill on the night in question and says she spent 90% of that night speaking to Karen Reed. When asked about Reed's demeanor, Kolakitha said she seemed normal, not drunk and had no concerns about Reed driving that night. She described the interactions she saw between o' Keefe and Reed saying the two seemed very affectionate.

Corina Kolakithis (4:32)

John went over to Karen and he gave her a kiss on the forehead. I was like wow, that's the sweetest thing I've ever seen.

Melody Mendez (4:38)

Before Kolakee left the bar she said a moment between reed and Jennifer McCabe stood out to her.

Corina Kolakithis (4:43)

As we were leaving Jen went over to Karen, kind of put her arm around her and she's like. She started saying you're coming with me, you're coming with me. And Karen's like huh? Like what? Like where are we going?

Melody Mendez (4:57)

Reid didn't leave with McCabe but with O' Keefe instead. We caught up with her on her way out of court. How do you feel about the defenses case? How do you feel about the defense.

J.C. Monahan (5:05)

Case very, very well.

Raul (5:06)

Solid.

J.C. Monahan (5:09)

All right.

Melody Mendez (5:09)

Now, the judge has delayed testimony in the trial until Friday because of the heat out here. JC And Glenn, I'm sure Sue o' Connell could say, speak to how stifling it can get in that very crowded, very small courtroom. Meanwhile, Karen Reid did tell me on her way out of court that she thinks the defense will be able to wrap up their testimony by next Tuesday.

Glenn Jones (5:26)

Back to you, Melanie Mendez at the courthouse. Thank you. Back with us tonight is our chief legal analyst, Michael Coyne, dean of the Massachusetts School of Law, joining us remotely tonight. Michael, as you just saw, the day started off with testimony from Brian Loughran. And. And on direct, he explained that he is deeply rooted in his hometown.

Raul (5:47)

In what town do you live, sir?

Tevin (5:49)

I live in Canton.

Raul (5:51)

Where did you grow up?

Tevin (5:53)

In Canton.

Raul (5:54)

How long have you lived in Canton?

Tevin (5:56)

All my life, having grown up in Canton.

Raul (5:59)

Are you familiar with the Albert brothers?

Tevin (6:01)

Yes, I am.

Raul (6:02)

Which ones?

Tevin (6:03)

All of them.

Glenn Jones (6:06)

All right, Michael, so the plow driver did describe his route, described what he saw on the front lawn outside of 34 Fairview Road. Or maybe more importantly, what he did not see. Do you feel as if he delivered for the defense in the way it would hope?

Raul (6:21)

I think he did. I mean, when you look at the. How critical this testimony is with respect to refuting the government's timeline and refuting their theory of how the accident and injuries to John o' Keefe took place, the fact that he's able to say somewhat emphatically that on his multiple runs by that house after 232 hours after it was alleged that John O' Keefe was hit by Ms. Reed's vehicle, that that is a significant creation or the start of the creation of potentially reasonable doubt.

J.C. Monahan (7:01)

Michael, during cross examination, special prosecutor Hank Brennan asked about Loughran's connection to Aidan Carney. He's the blogger known as Turtle Boy. And if the plow driver ever felt threatened by him. Take a listen.

Michael Coyne (7:13)

Were there communications made to you by an online blogger that there would be consequence for you if you didn't testify in a way that was acceptable to them?

Raul (7:23)

No.

Michael Coyne (7:24)

You're saying as you sit here today, you have no awareness in the history of this case that you were being threatened by an online blogger?

Tevin (7:34)

I was not threatened by an online walker.

J.C. Monahan (7:39)

Michael Carney was never identified during cross examination. He was only referred to as, you just heard, an online blogger. What do you think the reason is that they didn't apply a name to this?

Raul (7:50)

Well, they probably didn't want to give him any more publicity than he then he already is receiving, frankly, because he has benefited financially from his involvement in this case. And the argument here is there's no doubt. And if one looks at some of the information that's been published and is out, there has been some level of pressure on all the witnesses to do what either one side wants or the other is the argument. So I think what they are really trying to explore here is, is this testimony freely given. And I do think that that's not that effective in this case because it had to take quite a bit of courage for him to forward a lifelong resident at Canton and testify adversely to a family that's lived in Canton all their life. And so I think it's very difficult to discount his testimony from that standpoint. I think Attorney Brennan was able to at least diminish the testimony in some ways when he said, well, he didn't. You didn't notice a huge dumpster across the street while you were plowing. How would you possibly then notice a 216 pound man on the lawn as the snow began to fall?

Glenn Jones (9:10)

Let's talk about the blogger a little bit more because it turns out Carney himself was in the courtroom today. You'll see him in this video in a bright colored shirt. He's allowed to be in the courtroom as long as he's not there at the time. Witnesses he's accused of intimidating are on the stand. After testimony wrapped up, Carney spoke to reporters outside court and had this to say about the allegations against him.

Raul (9:34)

I posted the entirety of our messages with receipts on my Twitter account. The world can see it.

Glenn Jones (9:41)

So it's completely baseless.

Raul (9:43)

There was no threats. I just want my. I think the bigger question is why did a blogger, as Hank Brennan calls me, why did I get to speak with the plow driver before Michael Proctor did?

Glenn Jones (9:56)

All right, so there are many theories and opinions about this blogger out there, but maybe we should just narrow in on the question he asked there. Michael, why was it that state police didn't talk to Lucky so long after this event happened and certainly after the blogger did?

Raul (10:13)

Well, because of the incredible sloppiness of this investigation. Virtually from the time that John o' Keefe is found on that front lawn. There's no real excuse to not have checked the municipal records to see when the streets were plowed and to try and contact the driver to get whatever information they would have. Look, we also know that there was a ring camera across the street that one of the detectives didn't even bother to look at because he knew the scope of that camera. You know, it's almost impossible to excuse the sloppiness of this investigation. And that's going to be the burden that the Commonwealth has in this case, is will they be able to overcome those many, many items because they all start to create that level of reasonable doubt. That is all that's going to be necessary in order to find her not guilty on these charges.

J.C. Monahan (11:09)

Once again, we heard the name Michael Proctor, but he has not been called to the stand. So our viewer Mike from Albany, New York asks, could the defense ask for Michael Proctor's prior testimony from the first trial to be read into evidence in this trial without calling him to testify? Michael, what do you say to that?

Raul (11:27)

No. The answer is no. And it's kind of a complicated answer. But its reason is no is because it's hearsay. It's still an out of court statement even though it was said in court last time. In order to do that, you're going to have to show he's unavailable and you cannot procure his attendance at this hearing. I don't know whether he is subject to subpoena. I assume both sides may have subpoenaed him in anticipation that they might call him. So I think he is in fact still a resident of the Commonwealth, likely under subpoena. If you want that testimony in, you're going to have to produce him and ask him those questions on the stand. If he takes the stand, then his earlier statements can be used both for impeachment and likely substantive evidence as well. But if he doesn't take the stand, those statements are hearsay and inadmissible in Massachusetts.

Glenn Jones (12:20)

All right, Michael. After Loughran, we got to Karina Kolakithis. She lives in Canton and knows the McCabes and John O' Keefe through her children's sports. She was also at the Waterfront Bar and Grill the night before John's death. She testified that Karen did not appear drunk to her when she left the bar. She also said there was clear affection between Karen and John. What do you believe her value is to the defense? Why would they put her on the.

Raul (12:46)

Stand to remove the motive for the second degree murder charge, that there was no animosity between them. They were hugging and kissing. They were seemed like a normal couple, just like many of the other folks within the bar that night. To think that this tranquil, even happy setting could two hours later turn into a motive and an ultimate reason for murder. It puts some level of doubt in that theory that the Commonwealth has that the relationship was so bad that he wanted to get rid of her and ultimately she decided to get rid to him. She she conveyed a humanization of that relationship and I think in an effective way beyond that, what did she give us? She gave us that she did drive from the waterfall home. So that's important for the government, but I think they've got it many other ways. And when while she says that they had not, she seemed to be sufficiently sober to be able to drive, we also know that the testimony already is that she had somewhere close to nine drinks and had consumed quite a bit of alcohol to the point where she was saying she wouldn't have driven on the expressway. And she knew that she should be careful under the circumstances.

J.C. Monahan (14:09)

Michael, thank you so much for joining us tonight. As always, we appreciate it. And up next, thank you, Michael. Court ended early today and proceedings are canceled for tomorrow. Our courtroom insider, Sue o' Connell joins us to explain the reason why.

Glenn Jones (14:23)

Before we go to break, we want to take a moment to remember John o' Keefe, the victim in this case, the Boston police officer and Braintree native, became the legal guardian of his niece and nephew after the children lost both of their parents to illness. You're watching Canton Confidential, the Karen Reed murder trial.

Latoya (14:45)

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.

Michael Coyne (15:06)

When you asked about recall was the time you wound up on Fairview and you said you didn't remember. Do you remember that testimony?

Tevin (15:14)

I do.

Michael Coyne (15:14)

Is that true testimony?

Margaret McLean (15:16)

Yes, it is.

Michael Coyne (15:16)

So you had some difficulties in your memory of when you were on Fairview when you testified last year. Isn't that fair to say?

Tevin (15:23)

No, it's not fair.

J.C. Monahan (15:25)

That was Snowplow driver Brian Loughran on the stand this morning. And back now to talk with us about it is former prosecutor Margaret McLean and of course, our courtroom insider, Sue O' Connell. Sue, think back to the first trial when we had him on the stand. And here we are again. Does anything stand out as being different or more or less important?

Margaret McLean (15:43)

Yeah, absolutely. I mean, he was probably the best witness on cross examination I have ever seen in my life because he just stuck to his script. He didn't deviate. He didn't freelance. He just said this is what happened and this is what I'm going to say. And I'm not going to get mad at you. You can keep asking me all you want the first trial, he really got flustered, as he said on the stand. I was asked to do math, and then I got confused. And there really was a feeling after his testimony in the first trial that he didn't do what they expected him to do this time. I mean, the jurors, he's such a likable person. Everybody knows someone like Lucky, right? If you're lucky enough to know someone like Lucky. And he really connected with the jurors, and he actually had this backbone and the strength, and he was very well spoken, and I think it was a big hit for the defense.

Glenn Jones (16:30)

Earlier in the show, we talked to Michael Coyne about blogger Aidan Carney and his alleged threats against Loughran. Loughran refuted the threats during testimony, but that doesn't change that Carney posted plenty about the driver and what can only be described as opinion pieces. So, Sue Margaret, I guess I want to ask both of you, big picture, what kind of impact does this online reporting have on the way our justice system is designed to work?

Corina Kolakithis (16:57)

Well, it's really changed even in the past, I'd say five years. I know that Aidan Kearney has some charges that he's facing, and I. Witness intimidation. He claims he has First Amendment rights, which it's going to be very interesting as far as that goes. But, you know, it is kind of scary to think about the witness intimidation absolutely can occur online. I mean, I have a podcast and a YouTube channel, and I'm getting all sorts of different comments, so you just have to have a very thick skin. But ultimately, I think if you go back to this case, Hank Brennan is just putting it in the. In the air that there may, maybe there was a little bit of intimidation going on and, you know, maybe other witnesses have possibly been intimidating. So he's sort of just throwing it out there, trying to show witness bias, I would say.

Margaret McLean (17:51)

Yeah. And there's two sides to this coin, as you say. Like as Aidan Kearney said, he's the one who found Lucky. The state police didn't find Lucky. There are other people online who are doing things, citizen investigation who are finding things. And then on the other side, it's pitchfork time. Right. We're just going to take some private citizen who may or may not have done or not done something, and we're going to blow it out there, which.

Glenn Jones (18:14)

Seems grossly unfair and ruin their lives.

Margaret McLean (18:16)

When they may have had nothing at all to do with anything. And what the citizen journalists and bloggers don't have are bosses like we have saying, well, let's think this through what the impact is, how will you report it? Is it fair? Are you doing your due diligence? So it's pitchfork time. Only with a, you know, with an.

J.C. Monahan (18:35)

Amplifier and journalism versus blogging. Two different things, right? Yeah. All right, we'd like to get your take on a viewer question. Kathy and Easton wants to know why was that blogger allowed to stay in the courtroom while the snow plow plow driver was testifying? He's been charged, as you mentioned, Margaret, in the past with witness intimidation. And yet there he was.

Corina Kolakithis (18:53)

Well, he hasn't been charged with intimidating that witness. In fact, he'll say that he outside of court, he just tried to encourage the witness to come forward. Is that intimidation? Lucky right on the stand said, I wasn't intimidated.

Glenn Jones (19:07)

So aggravated was the word he used.

Margaret McLean (19:09)

Well, that was about the embarrassing because he was trying to make it, you know, you must have been embarrassed by the information. And that was a moment where he said, no, no, I was aggravated, you know, and again, Aiden isn't charged with anything regarding this. We didn't really know this testimony was coming either. And when one of the witnesses who Aiden Kearney is charged with testifies, he leaves the courtroom. And again, innocent until proven guilty.

J.C. Monahan (19:32)

All right, court ended early today. There's no court scheduled for tomorrow. Listen to what Judge Canoni told the jurors this afternoon.

Corina Kolakithis (19:39)

I am assured not only are we on schedule, we are ahead of schedule. I understand tomorrow is supposed to be very hot. Court officers are concerned about how we're.

Margaret McLean (19:49)

Going to keep the fans and air.

Corina Kolakithis (19:51)

Conditioners going and be allowed to hear the witnesses. I've talked to the lawyers. Everybody's in agreement that because we're ahead of schedule, we give you tomorrow on.

J.C. Monahan (20:01)

All right, so Judge Canoni made the decision due to the expected high temperatures tomorrow, but we had days that were much hotter this time last year. For example, we had a heat wave last June that was three straight days of 90 degree plus temperatures. On June 18, it hit 92 degrees. Court was in session. 19th was 98 degrees, no court because of the Juneteenth holiday. And then on the 20th, Boston hit 97 degrees, and again, court was still held that day. Margaret, let me just start with you. Is that the right decision to make?

Corina Kolakithis (20:30)

Well, as sue was saying, the fans are so loud in there, so it's very difficult to hear the witnesses. So if we're that far ahead of schedule, and I understand that Karen Reid was saying they would wrap up around Tuesday, so I think it's the right decision.

Margaret McLean (20:43)

And it wasn't just Judge Kanoni's decision. And it's not just about the weather. They had a 15 minute scheduling meeting at that sidebar before deciding to take tomorrow off. And it is like an animal pen in there. It is so tight it smells okay. The air conditioning when it's on is loud and just for the jurors. Not for me, but for the jurors. How many times are they told to speak up? And we don't have all the air conditioning on right now. So if you have an opportunity to take a day during those days, there was a lot of speak up. I can't hear you. Say it again. Speak louder. So I think it was the right decision and it wasn't just the judges. And I will die on that. H.

Glenn Jones (21:23)

I hope your air condition is blaring very well when you're here in the newsroom tomorrow. Margaret sue, thank you very much.

Raul (21:30)

Are you.

Margaret McLean (21:30)

Oh, good for you.

Glenn Jones (21:31)

If you have questions about this case, keep sending them our way. The email address is on your screen. Can confidentialbcuni.com we'll answer as many questions as we can.

J.C. Monahan (21:41)

And remember to join us every weeknight 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 starting Sunday. Start your day the right way with NBC 10 Boston Morning News worthy of.

Glenn Jones (22:07)

You staying on top of that breaking.

Latoya (22:08)

News if it's happening now.

J.C. Monahan (22:10)

Jericho Tran, she's joining us live in native.

Melody Mendez (22:12)

So Boston Fire has been working to.

J.C. Monahan (22:13)

Clean up a fuel leak.

Latoya (22:14)

If it's important to you, easy.

Glenn Jones (22:16)

Tens Manashkonguari is live near the scene.

J.C. Monahan (22:18)

NBC Boston's Darren Patello is going to.

Raul (22:19)

Pick up our coverage right now.

Latoya (22:21)

We're on.

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It has been a very difficult morning.

Melody Mendez (22:22)

We have been staying on top of this story.

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When news breaks, turn to NBC 10.

Raul (22:27)

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