Officer Mullaney

I heard someone say fucking dead.

I heard someone say fucking dead.

Is that yes?

Is that yes?

You opened the ambulance door, correct?

You opened the ambulance door, correct?

The back door?

The back door?

And there were two firefighter paramedics in that ambulance at the time, correct?

And there were two firefighter paramedics in that ambulance at the time, correct?

Two of them included firefighter Nuttall and firefighter Flamont.

Two of them included firefighter Nuttall and firefighter Flamont.

And at that point, you told them what you believed you had just heard.

And at that point, you told them what you believed you had just heard.

So the answer to my question is yes. You told in front of Flamati and Nuttall the phrase, I hit her.

So the answer to my question is yes. You told in front of Flamati and Nuttall the phrase, I hit her.

The I hit him debate that dragged for four days of the trial ultimately amounted to little. Nothing caught on camera, nothing noted in reports, only hearsay.

The I hit him debate that dragged for four days of the trial ultimately amounted to little. Nothing caught on camera, nothing noted in reports, only hearsay.

And where did you get those red solo cups? We got them from Lieutenant Kelleher. So in other words, you got, to use your words, the evidence containers from a neighbor.

And where did you get those red solo cups? We got them from Lieutenant Kelleher. So in other words, you got, to use your words, the evidence containers from a neighbor.

He had some solo cups in his house.

He had some solo cups in his house.

How far were you from Canton PD, from 34 Fairview to Canton PD? Give me an idea. Mile, mile and a half. So even in really bad weather, four minutes, five minutes, is that right, to drive? Sure. You didn't go back to Kenton PD to get actual evidence containers, correct?

How far were you from Canton PD, from 34 Fairview to Canton PD? Give me an idea. Mile, mile and a half. So even in really bad weather, four minutes, five minutes, is that right, to drive? Sure. You didn't go back to Kenton PD to get actual evidence containers, correct?

Do you have any glass containers?

Do you have any glass containers?

So does not have or utilize evidence collection containers that are plastic?

So does not have or utilize evidence collection containers that are plastic?

My next question is certainly Canton PD employees and owns sterile swabs.

My next question is certainly Canton PD employees and owns sterile swabs.

Sterile swab is in a container that's long and usually the swab is connected to the lid, top it out, and then it's sealed.

Sterile swab is in a container that's long and usually the swab is connected to the lid, top it out, and then it's sealed.

And forensically stable, correct? Correct.

And forensically stable, correct? Correct.

And the reason that it's sealed and forensically stable is so nothing can contaminate the sample, correct?

And the reason that it's sealed and forensically stable is so nothing can contaminate the sample, correct?

Yes. Just as importantly, the blood sample can't contaminate anything else.

Yes. Just as importantly, the blood sample can't contaminate anything else.

Did you go to Canton PD a mile away and get sterile swabs for the blood collection?

Did you go to Canton PD a mile away and get sterile swabs for the blood collection?

You didn't think it would be violent?

You didn't think it would be violent?

If you touched the swab to cold blood, you think you might get some blood on that swab?

If you touched the swab to cold blood, you think you might get some blood on that swab?

So what you did instead was you gathered red Solo cups from a neighbor, unsterilized, and scooped up the snow with what you thought the blood was and just carried them back to the truck?

So what you did instead was you gathered red Solo cups from a neighbor, unsterilized, and scooped up the snow with what you thought the blood was and just carried them back to the truck?

They weren't sealed in any way?

They weren't sealed in any way?

So if somebody sneezed over the top of one of those cups?

So if somebody sneezed over the top of one of those cups?

Before you took possession of the red Solo cups, do you have any idea how many people before you had handled those Solo cups?

Before you took possession of the red Solo cups, do you have any idea how many people before you had handled those Solo cups?

How about before they were packaged?

How about before they were packaged?

So they're certainly not forensically stable. They're not sterile.

So they're certainly not forensically stable. They're not sterile.

Do you think it's standard practice for a police department to borrow red Solo cups from a neighbor to gather evidence?

Do you think it's standard practice for a police department to borrow red Solo cups from a neighbor to gather evidence?

You didn't see any bright red taillight material anywhere else?

You didn't see any bright red taillight material anywhere else?

You did not see any clear taillight material?

You did not see any clear taillight material?

You did not see any black plastic material? No. You certainly didn't see 45 pieces of plastic material?

You did not see any black plastic material? No. You certainly didn't see 45 pieces of plastic material?

If you find a broken glass on somebody's yard in a situation like this, did that seem out of place to you?

If you find a broken glass on somebody's yard in a situation like this, did that seem out of place to you?

At the time that you found the broken glass, would you rationally think, well, maybe the rest of this glass is inside the residence?

At the time that you found the broken glass, would you rationally think, well, maybe the rest of this glass is inside the residence?

You did not think that?

You did not think that?

Did you ever go inside the house to search for the other part of the glass?

Did you ever go inside the house to search for the other part of the glass?

Because you made up your mind initially where that glass came from.

Because you made up your mind initially where that glass came from.

Did you search the house for any other matching glasses?

Did you search the house for any other matching glasses?

Matter of fact, you didn't search the house for any physical items, did you? Of course not.

Matter of fact, you didn't search the house for any physical items, did you? Of course not.

Is that because that house belonged to a Boston police officer?

Is that because that house belonged to a Boston police officer?

I'm familiar with what probable cause is. Did you seek a probable cause warrant from a judge?

I'm familiar with what probable cause is. Did you seek a probable cause warrant from a judge?

Right.

Right.

That wasn't my question.

That wasn't my question.

Is that because you were at the house of a Boston police officer?

Is that because you were at the house of a Boston police officer?

But you never asked, did you?

But you never asked, did you?

How long have you known him?

How long have you known him?

And you also consider him to be a friend as well as a co-worker?

And you also consider him to be a friend as well as a co-worker?

Now I want to fast forward to the incident in question. What was the exact time that you arrived at the location, if you know?

Now I want to fast forward to the incident in question. What was the exact time that you arrived at the location, if you know?

And you indicated that that was in response to a call that you got from Sergeant Hood.

And you indicated that that was in response to a call that you got from Sergeant Hood.

What made you decide, or did you, could you have decided to take this particular call? Was it up to you in other words?

What made you decide, or did you, could you have decided to take this particular call? Was it up to you in other words?

Correct.

Correct.

Did you know at the time you got the call that that very serious incident was occurring at 34 Fairview?

Did you know at the time you got the call that that very serious incident was occurring at 34 Fairview?

When did you realize that?

When did you realize that?

I was asking whether or not Sergeant Good told you before you actually arrived that it's at 34 Fairview.

I was asking whether or not Sergeant Good told you before you actually arrived that it's at 34 Fairview.

At some point before your car came to a stop, you knew this is 34 Fairview, this is the Albert household.

At some point before your car came to a stop, you knew this is 34 Fairview, this is the Albert household.

You didn't think that it was more important to separate the witnesses and not let her talk to other witnesses?

You didn't think that it was more important to separate the witnesses and not let her talk to other witnesses?

You thought that it was appropriate to let all the witnesses get together and just discuss the facts before you had an opportunity to interview them separately?

You thought that it was appropriate to let all the witnesses get together and just discuss the facts before you had an opportunity to interview them separately?

You indicated some trauma to his head area, correct?

You indicated some trauma to his head area, correct?

You said, quote, I'm not sure if he's been in a fight or whatever. Our medics don't believe he's going to make it.

You said, quote, I'm not sure if he's been in a fight or whatever. Our medics don't believe he's going to make it.

End quote. Sergeant Lake, you never saw John O'Keefe's body, correct?

End quote. Sergeant Lake, you never saw John O'Keefe's body, correct?

So somebody disclosed to you that it appeared that he had been in a, quote, fight or whatever, at least at that point. That was your thought?

So somebody disclosed to you that it appeared that he had been in a, quote, fight or whatever, at least at that point. That was your thought?

You didn't say to dispatch the victim appears to have been shot, correct?

You didn't say to dispatch the victim appears to have been shot, correct?

You didn't say it appeared he'd been stabbed? No. He had been strangled? No. You didn't say it appeared he'd been hit by a car.

You didn't say it appeared he'd been stabbed? No. He had been strangled? No. You didn't say it appeared he'd been hit by a car.

You said it appeared that he'd been in a fight or whatever, correct?

You said it appeared that he'd been in a fight or whatever, correct?

Chaotic scene?

Chaotic scene?

But you do recall your exact words to dispatch being, I don't know if he's been in a fight or whatever.

But you do recall your exact words to dispatch being, I don't know if he's been in a fight or whatever.

You knew that you were dealing with a violent incident, correct?

You knew that you were dealing with a violent incident, correct?

You thought maybe it was just a heart attack?

You thought maybe it was just a heart attack?

But what was going through your mind at that point was it could have been a fight or whatever because he had trauma to his head. Those were your words.

But what was going through your mind at that point was it could have been a fight or whatever because he had trauma to his head. Those were your words.

Okay. Did you believe that there were any indicators that Mr. O'Keefe had been involved in some sort of a physical altercation?

Okay. Did you believe that there were any indicators that Mr. O'Keefe had been involved in some sort of a physical altercation?

OK. And that's because you use the phrase and trauma to his face and head. Right.

OK. And that's because you use the phrase and trauma to his face and head. Right.

So based on what you had been told, you knew that there was a person laying out unconscious just outside a residence that may have been involved in a physical altercation. That's fair.

So based on what you had been told, you knew that there was a person laying out unconscious just outside a residence that may have been involved in a physical altercation. That's fair.

That's one of the premier possibilities, right?

That's one of the premier possibilities, right?

Did you believe in your mind that it was possible, given the fact that a violent confrontation was possible in your mind, that it could have started inside the house?

Did you believe in your mind that it was possible, given the fact that a violent confrontation was possible in your mind, that it could have started inside the house?

Right. The house is part of anywhere, right?

Right. The house is part of anywhere, right?

So in other words, the house is not excluded in your mind at that point as a starting point for the investigation. Is that right?

So in other words, the house is not excluded in your mind at that point as a starting point for the investigation. Is that right?

Well, you didn't know that until you followed up on your investigation, correct?

Well, you didn't know that until you followed up on your investigation, correct?

So you just took Ms. McCabe's word for it?

So you just took Ms. McCabe's word for it?

In your course of investigating cases, have you ever been lied to by a witness?

In your course of investigating cases, have you ever been lied to by a witness?

You indicated on direct examination that you didn't notice anything out of place in the home.

You indicated on direct examination that you didn't notice anything out of place in the home.

But you didn't go downstairs to the basement and look, did you?

But you didn't go downstairs to the basement and look, did you?

How about anywhere in the house? Did you look for broken furniture or torn clothing or blood evidence or DNA evidence?

How about anywhere in the house? Did you look for broken furniture or torn clothing or blood evidence or DNA evidence?

So the answer to my question is no, you did not.

So the answer to my question is no, you did not.

Did you ever investigate the foyer area or any other part of the house for evidence of a fight?

Did you ever investigate the foyer area or any other part of the house for evidence of a fight?

But you didn't search the rest of the house for a fight.

But you didn't search the rest of the house for a fight.

Did you seek guidance from a court as to whether or not you might have probable cause?

Did you seek guidance from a court as to whether or not you might have probable cause?

That's what I mean.

That's what I mean.

One of the ways to secure a premises, any premises, in a normal crime scene investigation would be to remove the witness's

One of the ways to secure a premises, any premises, in a normal crime scene investigation would be to remove the witness's

Did you do anything to lock down and secure that premises in any way, shape, form, or fashion?

Did you do anything to lock down and secure that premises in any way, shape, form, or fashion?

Did you allow witnesses to go inside the house other than Jim McCabe?

Did you allow witnesses to go inside the house other than Jim McCabe?

Who was that?

Who was that?

And did you seek to separate any of the witnesses or admonish them that they are not to be in each other's presence and discuss the facts of the case before you had an opportunity?

And did you seek to separate any of the witnesses or admonish them that they are not to be in each other's presence and discuss the facts of the case before you had an opportunity?

And as you sit here, you have no idea, when you are not in their presence, you have no idea what the occupants of that house were discussing.

And as you sit here, you have no idea, when you are not in their presence, you have no idea what the occupants of that house were discussing.

Or what they were doing.

Or what they were doing.

You knew that there would be questions about your relationship with Karen Reed if it were known that you knew her before her boyfriend intervened.

You knew that there would be questions about your relationship with Karen Reed if it were known that you knew her before her boyfriend intervened.

days later correct there would be questions so you lied under oath when you said i've never met or seen her before correct no because that wasn't my whole statement the sentence i've never met or seen her before pretty unequivocal isn't it that was not the context of my whole sentence those are the words that came out of your mouth right

days later correct there would be questions so you lied under oath when you said i've never met or seen her before correct no because that wasn't my whole statement the sentence i've never met or seen her before pretty unequivocal isn't it that was not the context of my whole sentence those are the words that came out of your mouth right

Let me just ask it this way.

Let me just ask it this way.

Is that sentence true or false? That you had never met or seen her before? True or false?

Is that sentence true or false? That you had never met or seen her before? True or false?

Did John O'Keefe come into your house at 34th Fairview at any time on January 29th, 2022?

Did John O'Keefe come into your house at 34th Fairview at any time on January 29th, 2022?

Jackson cleverly clapped back. And you're as sure about that as you are about the statement that you had never met or seen Karen Reid in your life.

Jackson cleverly clapped back. And you're as sure about that as you are about the statement that you had never met or seen Karen Reid in your life.

Mr. Albert, after you learned that there were questions being raised about John's injuries and dog bites and scratches, in May of 2022, you got rid of that dog, did you not?

Mr. Albert, after you learned that there were questions being raised about John's injuries and dog bites and scratches, in May of 2022, you got rid of that dog, did you not?

You were shown a photo yesterday of you in February of 2022. Correct. And he said he wanted you to pay special attention to your face and hands and extremities. Asked you if there was anything unusual about that.

You were shown a photo yesterday of you in February of 2022. Correct. And he said he wanted you to pay special attention to your face and hands and extremities. Asked you if there was anything unusual about that.

You said no. In that photo, absolutely nothing unusual in February of 2022 about you, your face, your hands, fists, nothing.

You said no. In that photo, absolutely nothing unusual in February of 2022 about you, your face, your hands, fists, nothing.

Mr. Higgins, you seem to not want to answer my question. My question is, were you or were you not sexually attracted to my client?

Mr. Higgins, you seem to not want to answer my question. My question is, were you or were you not sexually attracted to my client?

Ms. McCabe, you made that search at 2.27 a.m. because you knew that John O'Keefe was outside in your sister's lawn dying in the cold, didn't you?

Ms. McCabe, you made that search at 2.27 a.m. because you knew that John O'Keefe was outside in your sister's lawn dying in the cold, didn't you?

Do you think it's standard practice for a police department to borrow red solo cups from a neighbor to gather evidence?

Do you think it's standard practice for a police department to borrow red solo cups from a neighbor to gather evidence?

You claim to have heard the statement, I hit him, I hit him, several times from the woman with the blood on her face. Correct. You indicated that she was erratic. Correct. Hysterical. Correct. You said, for lack of a better term, running around in circles. Yes. She seemed despondent or distraught. Very distraught. Very upset. Yes. Was she saying anything else that you recall?

You claim to have heard the statement, I hit him, I hit him, several times from the woman with the blood on her face. Correct. You indicated that she was erratic. Correct. Hysterical. Correct. You said, for lack of a better term, running around in circles. Yes. She seemed despondent or distraught. Very distraught. Very upset. Yes. Was she saying anything else that you recall?

Did you hear her say, could I hit him?

Did you hear her say, could I hit him?

Did you see any place in that video where you had any sort of detailed conversation with my client?

Did you see any place in that video where you had any sort of detailed conversation with my client?

Did you see any place in that video where you engaged my client and said, how'd you get here? What happened? And she said, I hit him. And you said, how'd you hit him? All the stuff that you testified earlier to.

Did you see any place in that video where you engaged my client and said, how'd you get here? What happened? And she said, I hit him. And you said, how'd you hit him? All the stuff that you testified earlier to.

You indicated in a police report during an interview you had with Uri Buknik on February 8th that my client said I hit him, correct? Correct. You remember having that conversation with Sergeant Buknik?

You indicated in a police report during an interview you had with Uri Buknik on February 8th that my client said I hit him, correct? Correct. You remember having that conversation with Sergeant Buknik?

We've talked a little bit about that report. There's an area in the report for a narrative. Yes. About your observations, your experiences with this patient, correct? Correct. Your job as a lead paramedic is to be as detailed as possible, correct? Correct. You want to provide and impart the most detail you possibly can about an incident to assist in medical intervention, correct? Correct.

We've talked a little bit about that report. There's an area in the report for a narrative. Yes. About your observations, your experiences with this patient, correct? Correct. Your job as a lead paramedic is to be as detailed as possible, correct? Correct. You want to provide and impart the most detail you possibly can about an incident to assist in medical intervention, correct? Correct.

Take a look at page... Three of five of your report. Yes. You see that narrative area? I do. You point to that portion of your report where you indicate that my client said the words, I hit him.

Take a look at page... Three of five of your report. Yes. You see that narrative area? I do. You point to that portion of your report where you indicate that my client said the words, I hit him.

Can you point to the portion of your report where you indicate that you told the doctors and nurses that she said, I hit him?

Can you point to the portion of your report where you indicate that you told the doctors and nurses that she said, I hit him?

Can you point to that portion of your report where you indicate that your concern for the patient was that he had been hit by a car?

Can you point to that portion of your report where you indicate that your concern for the patient was that he had been hit by a car?