Karen Read‘s second trial in connection with the death of her boyfriend, Boston police officer John O’Keefe, continues on Monday in Dedham’s Norfolk Superior Court before Judge Beverly Cannone.
Read more: 3 weeks down in the 2nd Karen Read murder trial. Here are the biggest takeaways
On Thursday and Friday last week, the jury heard testimony from a Massachusetts State Police sergeant who investigated O’Keefe’s death. He continued his testimony under cross-examination Monday morning.
People to know:
Hank Brennan, special prosecutor for the Norfolk County District Attorney’s officeSgt. Yuriy Bukhenik, member of the state police detective unit assigned to the district attorney’s officeAlan Jackson, lawyer for ReadMichael Proctor, former trooper fired for misconduct in Read investigation
11:15 a.m. – Cannone calls morning recess
After a lengthy sidebar, Cannone sent the jury out for a 20-minute morning recess. During the sidebar, some jurors could be seen standing up and stretching.
Read stood behind her lawyers, leaning in to hear the issue being argued. White noise blared in the courtroom to prevent the conversation from being heard.
11:05 a.m. — Bukhenik questioned about Proctor’s ‘no nudes’ text messages
Jackson then handed Bukhenik some documents regarding a group text chain from Aug. 17, 2022, that included Proctor and Bukhenik.
In one message, a state trooper sent the group a photo of a lawyer representing Read named David Yannetti.
Proctor sent some messages in response. “Funny, I am going though his retarded client’s phone.”
“No nudes so far,” Proctor wrote. “I hate that man. I truly hate that man.”
Bukhenik read the texts aloud for the jury.
Asked by Jackson if he still stood by his previous testimony in this trial that the investigation was handled with “integrity,” Bukehnik said he did.
Bukhenik said he had no memory of reading the text messages where Proctor described Read as “retarded.”
Jackson asked him if he agreed the term is “vile and incendiary,” and Bukhenik agreed.
Bukhenik repeatedly said he “acknowledged” the text message with a thumbs-up emoji.
“No, I did not,” Bukhenik said when asked if he took any remedial action against Proctor.
Jackson asked if Bukhenik believed Proctor misused his authority and power to go through a suspect’s phone to potentially look for naked pictures, but the judge sustained an objection.
In a quarterly performance review, Bukhenik ranked Proctor as “exceptional” in written and oral communications. He gave the review after the text messages from Proctor about Read.
In the review from October 2022, Bukhenik wrote that Proctor handled his investigations with “utmost competency and professionalism” and “strict integrity.”
“It’s unprofessional and unfortunate that he said that,” Bukhenik said of Proctor’s text messages, adding he “never saw the vile term,” despite “liking” one of the messages.
10:47 a.m. – Bukhenik admits ‘discrepancy’ about the time Read’s SUV was seized
Jackson turned to ask about Bukhenik’s trip to the hospital on the morning O’Keefe died.
The attorney showed a photograph of O’Keefe’s right arm with several cuts.
Bukhenik said he noticed “lacerations and abrasions” (cuts) on his right arm, but not any bruising from the wrist to the top of his arm.
There were search warrants and affidavits that Michael Proctor, the fired lead investigator, wrote about the time when he and Bukhenik seized Read’s car on the morning of Jan. 29, 2022.
Proctor’s reports stated 5:30 p.m., but a video produced by the defense showed that he seized the car at 4:12 p.m., Jackson said.
“There was a discrepancy in time, yes,” Bukhenik said. He agreed that he did not attempt to correct the time since they were not aware that the video existed.
Jackson noted that the video was produced by the defense.
Questioning then turned to Bukhenik and his role as supervisor for Proctor. Bukhenik agreed that as supervisor, his role was to “establish” a certain amount of “quality control” over his subordinates’ investigations.
10:25 a.m. – Defense asks about a snow plow driver seeing Ford Edge
Jackson resumed his cross-examination of Bukhenik and immediately began asking about a snow plow driver who testified last trial about a Ford Edge parked in front of 34 Fairview Road in the early hours of Jan. 29, 2022.
Bukhenik said he recalled learning about the snow plow driver, but that his “recollection is not as you describe.”
Jackson clarified that the snow plow driver did not see the Ford Edge move, but that he saw it parked outside the home around 3:30 a.m.
Bukhenik said the time “sounds right” but asked to see a report to refresh his memory. He also agreed that he learned during the investigation that the Albert family owned a Ford Edge.
Brian Albert owned the home where O’Keefe’s body was found outside. He’s since sold the home.
10 a.m. – Sidebar before testimony
Judge Cannone stepped into the courtroom and said three motions were filed by lawyers this morning.
One of them concerns a motion by the prosecution about “characterization of evidence” not being admissible and that the defense has boundaries when asking questions.
Questions such as asking investigators about their state of mind and scope of their investigations are allowed, but there are “boundaries of reasonableness,” Brennan argued.
Brennan said he has also objected previously about “third-party inadmissible evidence” and that those objections “compelled him” to draft the latest motion.
“Once the questions are asked, if they are improper, the jury hears them, it inflames the jury,” Brennan said.
Cannone asked the lawyers to come up for a sidebar conversation.
After a few minutes, Cannone called for the jurors to be brought in.
Read, 45, is charged with second-degree murder in the death of O’Keefe, who was found outside the home of a fellow Boston police officer on Jan. 29, 2022.
Norfolk County prosecutors say Read struck O’Keefe with her SUV while driving intoxicated. Read’s attorneys say her car never struck O’Keefe and that others are to blame for his death.
