#KarenRead Good morning. Day 23 of testimony. We expect to hear more from Tpr Michael Proctor, the lead investigator on the case. On Monday, he admitted to sending disparaging messages about Read while investigating the case but said that did not affect his view of the facts.
The judge tells the jury that one of the jurors has been excused. Says the reason is personal to that juror.
The remaining jury is composed of 10 women and six men. Only 12 of them will deliberate. The others will be alternates but they don't know which ones.
Jackson resumes questioning about another set of group chats involving Proctor and eight former high school classmates. The chat took place on the evening after O'Keefe died. In the messages, Proctor identified O'Keefe as the victim.
Jackson says one of the friends messaged, "I'm sure the owners of the house will receive some s***." Proctor replied, "No" and then "Homeowner's a Boston cop, too.”
Proctor says his answer about being the homeowner being a cop was not the reason for him not receiving s***.
In another message a friend wrote, "He must have been a puddle (drunk) to accomplish that." Proctor replied: "She waffled him. I looked at him in the hospital.”
Proctor agrees with Jackson that based on the evidence recovered the first day, he believed that the case was "cut and dry." But he also says he believed that the death was caused by a physical altercation.
Proctor acknowledges that O'Keefe had no bruises below the neck. Jackson asks if Proctor has ever seen a vehicle collision that resulted in similar injuries. "I can't recall," Proctor answers.
In one of the messages, Proctor wrote, "That's another animal we won't be able to prove." Proctor says he was referring to the intentionality of the crime, whether Read purposefully intended to hit O’Keefe.
Jackson points out that Proctor identified O'Keefe and Read by name in the messages with high school friends but not the homeowner, Brian Albert.
In one message, a friend of Proctor wrote that the case would be "cut and dry since it involves cops." Proctor responded, "Yeah, but there will be some serious charges brought on the girl (Read).”
Proctor testifies he wasn't trying to "pin" guilty on Read, says all the evidence pointed to her.
A friend texted, "She hot at least?" Proctor replied, "From all accounts, he didn't do anything wrong. She's a whack job, c***." And later, "Yeah, she's a babe. Weird Fall River accent though. No *advertiser censored*.”
Proctor wrote in one message: "Zero chances she escapes. She's *advertiser censored*ked." Proctor says he was referring to "overwhelming amount of evidence" against Read, not trying to frame her.
A friend wrote, "Is that chick a smoke?" Proctor replied, "Eh, nut bag, as chief (a friend) would say. She's got a balloon knot." Proctor acknowledges he was referring to Read's medical condition. Jackson asks if he knew Read had 10 surgeries in 18 months.
The judge seems to be upset that something is being displayed on the courtroom monitor even after she told the defense to take it down.
Proctor says he "absolutely" showed integrity in regards to the investigation but not in regards to the text messages he sent about Read. Jackson asks if Proctor has ever apologized to Read? Prosecution objects. Judge sustains.
Jackson is asking about Proctor's previous testimony regarding his relationships with other witnesses. Proctor says he didn't know the McCabes, but did know Julie, Chris and Colin Albert. Acknowledges he didn't disclose that during previous testimony.
Jackson: "That was a lie, wasn't it?" Proctor says no.
Jackson asks about Proctor's sister, Courtney, who is close friends with Chris and Julie Albert. Says the Albert's have been to his parents' home. Says he had Julie's phone number in his contact but says he wouldn't classify her as "a close friend.”
Jackson says 10 days before O'Keefe's death, Proctor texted his sister to see if Julie Albert was available to babysit for his young child. Proctor acknowledges he never documented that connection in his reports about the case.
Proctor got a text from his sister Courtney asking about his interview with her friend Julie Albert. He replied, "Just a quick convo." Jackson asks in Proctor was "reporting back" about the progress of the investigation.
Jackson asks if he treated the Alberts not like witnesses, but rather like friends. Proctor: "Absolutely not.”
Jackson says Proctor's sister wrote in a message, "This is your livelihood. I would never mess with that." Proctor says his sister was responding to his request for her not to tell anyone that it was being treated as a homicide and "suspicious”.
Proctor says he was not disclosing to his sister "intimate" details about the investigation, only "newsworthy" info. But says he would not have told news media such info.
Jackson shows this text message in which Proctor's sister says Julie Albert was offering to get him "a thank you gift". Proctor replied that she should give his wife a gift.
Jackson asks about Proctor's handwritten notes listing Colin Albert as present at the home the night of O'Keefe's death. Jackson points out that Proctor did not include Colin's name in later reports. Proctor testifies that's because Colin arrived later than the others.
Proctor acknowledges his did not the check the Life360 data to verify Allie McCabe's story about when she took Colinn Albert home from 34 Fairview Rd.
---Back from morning break
Jackson shows this text message Proctor exchanged with a Canton police department officer about surveillance video cameras in the area. Canton PD had recused itself from the case.
Jackson is asking about why Proctor didn't originally report that a snowplow had passed on Fairview Road that night. Jackson: You didn't want to speak with anyone that didn't fit your narrative? Proctor: Not true.
Proctor acknowledges he concluded that Read was responsible for O'Keefe's death before determining her motive.
Proctor says ATF Agent Brian Higgins was "very forthcoming" by providing his flirtatious text messages with Read. Jackson points out Higgins had extracted and "curated" those messages himself. Jackson says those messages showed Higgins had a motive to harm John O’Keefe.
"Could he throw a punch?" Jackson asks. "He's a big guy," he adds. Suggesting that Higgins also had the means to harm O’Keefe.
Jackson asks about the medical examiner's determination that O'Keefe's manner of death was undetermined. Proctor says it didn't matter because they would still continue with the investigation.
After learning from another trooper about medical examiner's ruling, Proctor texted, "Of course it's undetermined. She was a whack job." Jackson says Proctor was referring to the female medical examiner as "a whack job." Proctor says he can't remember who is was talking about.
Jackson asks if Proctor put pressure on the medical examiner to change her opinion. Proctor says no. Jackson shows this text message where a co-worker wrote to Proctor: "Rookie move not going into a meeting with the ME and getting that homicide determination.”
Jackson asks if Proctor is aware that Jen McCabe deleted calls and message before turning it over to him. Proctor says no but agrees finding out that info would be important in an investigation.
Proctor says he never seized phones from the Alberts, says it "never crossed my mind" that those phones would reveal that he knew some of the Alberts.
Jackson shows this text message from Canton PD officer Kevin Albert, brother of the homeowner at 34 Fairview Rd. Proctor says he did not tell Albert that it was inappropriate for him to be involved in the investigation.
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Proctor acknowledges he and Kevin Albert go to the same gym and sometimes go out drinking together. "I don't consider that a relationship.”
In July '22, after drinking together, Proctor texted Kevin Albert that he'd left his badge in Proctor's cruiser. Jackson: "You were drinking and driving in your cruiser?”
Jackson asks about collection of O'Keefe's clothing from the hospital. Jackson asks about the chain of custody, says there's no evidence log until March 14th for the clothing.
Proctor says he "incorrectly transcribed the time" when he seized Read's SUV, then used that time as a "template" in future reports.
Jackson says the state police have other nearby heated garages where the SUV could have been stored, instead of the Canton Police Department.
Jackson asks if Proctor "held back videos" from the Canton Police Dept surveillance. Proctor says he did not.
Proctor says he learned a few weeks from Lt Tully about another video from inside the Canton PD garage. Proctor says he reviewed this video. (This is the video that was originally shown to the jury as inverted.)
Proctor says he noticed gaps in the video and noticed that the timestamp was inverted. Says the video, as he originally saw it, was not inverted.
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