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KAREN: THE RETRIAL

Flirts and Googles: S1-E6

Wed, 20 Nov 2024

Description

Key witnesses take the stand and while each one of their stories contain inconsistencies, they all agree: John O’Keefe never made it through the front door of Nicole and Brian Albert’s home. Jennifer McCabe and Brian Higgins’ digital footprints raise eyebrows and demand answers. And, first responding officer Yuri Bukhenik is confronted with suspicious surveillance footage.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Transcription

Chapter 1: What critical evidence is presented by Jennifer McCabe?

988.709 - 988.849 Matt McCabe

Yep.

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989.335 - 990.997 Unknown Speaker 8

And who was the Chris you were referring to?

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991.457 - 994.4 Matt McCabe

That would be Chris Albert. Brian's brother, correct?

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994.781 - 1005.672 Unknown Speaker 8

That is correct. And then you then texted your wife, Brian Albert, and Nicole Albert, quote, tell them the guy never went in the house, correct?

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1006.092 - 1007.794 Matt McCabe

That's part of the same text, yes.

1008.257 - 1011.478 Unknown Speaker 8

Mr. McCabe, who was the guy that you were referring to? Does he have a name?

1011.678 - 1012.659 Matt McCabe

That would be John O'Keefe.

1012.999 - 1021.843 Unknown Speaker 8

When you told the group, tell them the guy never went in the house, that was you talking about how you should all get your stories straight, correct?

1022.123 - 1022.323 Matt McCabe

No.

Chapter 2: What inconsistencies arise from the digital footprints?

1225.556 - 1236.44 Paula Barros (Pauley McPaulerson)

And reporter Christina Rex, who was in the courtroom that day, remembers the staggering differences between the Jennifer who took the stand on day one and the Jennifer who appeared in court on day two.

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1236.86 - 1256.251 Reporter Christina Rex

Jen McCabe was one of the witnesses that was night and day on direct examination versus cross. You had heard a lot about her in openings. We had heard a lot about her outside of the courtroom. You know, she was one of those witnesses that the defense really had pointed to. And she came in and she testified for the Commonwealth, and she seemed like a perfect witness.

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1256.511 - 1273.887 Reporter Christina Rex

You know, composed, answers to everything, remembered details, had text messages to back it up, a mother of four girls, really remembered details. And then on her cross-examination, she kind of fell apart and died. She was emotional and she was defensive.

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1274.81 - 1280.142 Paula Barros (Pauley McPaulerson)

Christina was able to send something that others in the courtroom may not have picked up on or been privy to.

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1281.283 - 1295.375 Reporter Christina Rex

I don't know if the jury knows this, because they probably don't know the backstory, but you could tell that the animosity she felt towards the defense attorneys because of the narrative that had been created about her and her family ahead of this trial, that came out on the stand.

1295.855 - 1304.703 Reporter Christina Rex

It was so tense in that courtroom, in my opinion, more tense during Jen McCabe's cross-examination than any other period in the trial.

1305.783 - 1314.59 Paula Barros (Pauley McPaulerson)

And as Jackson and Yannetti pressed on, the tension only grew, especially when more of her phone activity was put under their microscope.

1315.231 - 1325.599 Unknown Speaker 16

Jen McCabe Googled how long to die in cold. Now, this was supposedly done at the request of Karen Reed. Problem was, the search was made prior to either one knowing that O'Keefe was deceased.

1328.294 - 1341.024 Unknown Speaker 5

On January 29th, in the early morning hours, I want to take you all the way back to 1.30, 1.45 a.m. when you left 34th Fairview on the 29th. After you dropped off the girls, where did you and Matt McKay go?

Chapter 3: How does Jennifer's testimony impact the trial?

1520.356 - 1521.898 Jennifer McCabe

House long to die in cold.

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1522.318 - 1527.923 Unknown Speaker 5

Now, you indicate that you've made that search at 623 a.m., correct?

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1528.184 - 1528.564 Jennifer McCabe

Correct.

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1529.064 - 1544.379 Unknown Speaker 5

And then you indicated that you did it again thereafter at 624, correct? Correct. At 624, you misspelled the phrase and you spelled it as follows, how long T-I die in C-I-K-D, correct? Correct.

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1544.66 - 1544.98 Jennifer McCabe

Correct.

1545.58 - 1550.966 Unknown Speaker 5

Now you claim that those two searches were at 6.23 and 6.24 a.m. respectively.

1551.266 - 1555.59 Jennifer McCabe

I don't know if I gave exact times, but I said it was in the morning and Karen had asked me to do it.

1556.031 - 1566.701 Unknown Speaker 5

Exactly. You claim that you searched because Karen was screaming at you and yelling at you. Google hypothermia. She said something like, how long does it take for a person to die of hypothermia? You Google searched it at 6.23 and 6.24. Is that right?

1569.577 - 1573.862 Jennifer McCabe

Again, I'm not sure about the exact times. I just did it after Karen asked me to do it.

Chapter 4: What role does Google search data play in the case?

Chapter 5: What are the implications of the surveillance footage?

780.174 - 793.484 Unknown Speaker 8

In fact, you've testified now in May of 2024 that the third time that you saw it, the black SUV was even past the fire hydrant. And in fact, when you were talking to Michael Proctor, you had just observed the black SUV.

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793.744 - 799.608 Matt McCabe

That's what it says on this paper. My recollection has always been I saw the black SUV.

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800.288 - 807.573 Paula Barros (Pauley McPaulerson)

Yannetti dug deeper into Matt's communication with other witnesses, attempting to illuminate why his story could have changed.

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808.534 - 824.785 Unknown Speaker 8

Since you talked to Michael Proctor, it's fair to say that you've had multiple conversations about this case previously. course have talked about this case. Yes. You've also, since you talked to Michael Proctor, have had multiple conversations about this case with your in-laws, correct?

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825.105 - 825.305 Matt McCabe

Yes.

825.666 - 829.968 Unknown Speaker 8

That also includes in-person conversations as well as phone calls and texts, correct?

830.228 - 830.849 Matt McCabe

That is correct.

830.969 - 836.592 Unknown Speaker 8

And since you gave that statement to Michael Proctor, you've had multiple conversations specifically with Brian Albert, correct?

837.012 - 838.173 Matt McCabe

Yes, I've talked to Brian Albert.

Chapter 6: How do the witnesses' stories align or contradict?

1346.968 - 1355.175 Unknown Speaker 5

After you went upstairs, you indicated that you got on the phone. Correct. After you got on your cell phone, you indicated that you started searching for something.

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1355.195 - 1355.435 Jennifer McCabe

Correct.

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1355.854 - 1360.056 Unknown Speaker 5

So if there's GPS that you've seen the forensic extraction or part of it, correct?

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1360.437 - 1361.898 Jennifer McCabe

Which one are you referring to?

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1362.158 - 1363.518 Unknown Speaker 5

Forensic extraction of your phone.

1363.779 - 1366.46 Jennifer McCabe

I saw what you showed me yesterday from Celebrate.

1367.04 - 1371.143 Paula Barros (Pauley McPaulerson)

Forensic data expert John Lucich told us more about Celebrate.

1371.663 - 1378.087 Law and Crime Network

Celebrate is one of the gold standard products out there to use for cell phone imaging and analysis.

1378.809 - 1386.212 Unknown Speaker 5

Celebrite data shows that you were engaging with an app called Safari to engage some Google searches, correct?

Chapter 8: Why is the timeline of events crucial in this case?

1805.104 - 1822.76 Unknown Speaker 18

And then I go to unlock it again. And that search comes that same Google search that I just did pops up on my Safari tab. The timestamp on that is going to be when I first opened the first did the search, not when I reopened it. And that's why the prosecution says there's a discrepancy between a 2 a.m. appearing like there was a 2 a.m.

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1822.8 - 1841.343 Unknown Speaker 18

search for how long before a body dies in the cold and the 6.22 and 6.24 a.m. searches. They say that the tab was opened at 2 something in the morning, and that's why the tab just didn't update, but that the search itself actually occurred at 6.22 and 6.24. Defense expert says, no, that's not what happened. The search happened at the time the tab was opened.

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1842.663 - 1846.984 Paula Barros (Pauley McPaulerson)

And their review found more than just the alleged time the Google search was made.

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1847.734 - 1852.277 Unknown Speaker 5

Of those three searches, one of them ended up deleted. Isn't that right?

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1852.297 - 1856.019 Paula Barros (Pauley McPaulerson)

I never deleted any search. The report said otherwise.

1856.04 - 1863.264 Unknown Speaker 5

Take a look at the Cinebrag report, top search, and the column marked deleted. What do you see?

1863.745 - 1864.485 Jennifer McCabe

I see a yes.

1864.925 - 1887.389 Unknown Speaker 5

Ms. McCabe, the reason you deleted that 2.27 a.m. call is because you realized that if you were caught Googling how long it takes for a person to die in a cold three and a half hours before John's body was found, That would incriminate you, wouldn't it? Did you delete that search because you knew that you would be implicated in John O'Keefe's death if that search was found on your phone?

1887.829 - 1899.177 Jennifer McCabe

I did not delete that search. I never made that search at 2.23. I never would have left John O'Keefe out in the cold to die because he was my friend that I loved.

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