Photo: Chaiel Schaffel/WBZ NewsRadio
DEDHAM, Mass. (WBZ NewsRadio) — Lawyers in the Karen Read murder retrial continued to question witnesses on day 10 of testimony at Norfolk Superior Court in Dedham.
Read is charged with hitting Boston Police Officer John O’Keefe with her SUV and leaving him for dead in the snow outside of 34 Fairview Rd. in Canton during a blizzard on Jan. 29, 2022. Read’s lawyers argue that she is being framed.
Paul Gallagher Testimony
Retired Canton Police Lt. Paul Gallagher returned to the stand Tuesday morning for cross-examination.
Gallagher was the law enforcement that responded to the scene where O’Keefe was found outside of a home at 34 Fairview Rd.
Read’s lawyer, Alan Jackson, grilled Gallagher about his unorthodox methods of collecting evidence, including the use of a leaf blower and red solo cups to collect blood, and why he didn’t acquire a search warrant for the home. Gallagher said there wasn’t enough probable cause.
“I have a good faith observation to present the truth to a judge, and if I don’t, I could be end up on a Brady list or a Giglio list, as you know, and my credibility to testify in my career is basically over,” Gallagher said of his decision not to seek a search warrant.
Regarding how evidence was handled, Jackson questioned if contamination could have occurred when authorities used a leaf blower to clear piled-up snow, and red solo cups to collect blood. The cups were then placed in a paper Stop & Shop bag.
“So, it is in your mind a recipe for potential cross contamination, correct?” Jackson asked.
“Not in this particular situation which was clarified later on,” Gallagher said.
“Although, you did say ‘yes’ in answer my question,” Jackson said.
“Hypothetically, anything is possible,” Gallagher said.
Meanwhile during re-direct, the prosecution followed up on whether Gallagher had probable cause to obtain a search warrant for 34 Fairview Rd.
“Did you have any reason to get a search warrant?” Prosecutor Hank Brennan asked.
“No reason at all,” Gallagher said.
“If you had probable cause to search anywhere that morning, would you have?” Brennan said.
“Absolutely,” Gallagher said.
Meteorologist Rober Gilman Testimony
The Commonwealth called Meteorologist Robert Gilman to the stand next, where he was questioned about the weather conditions on the night of Jan. 29, 2022.
Gilman said snowfall was expected to intensify later in the morning into the day. He also said there was “a frost on the ground, the soil was frozen, and the temperature was unusually cold in the middle of winter.”
Mass. State Police Trooper Nick Guarino Testimony
The prosecution recalled Mass. State Police Trooper Nicholas Guarino to the stand to review O’Keefe’s phone records from the hours before his body was found.
The jury listened to several angry and distraught voicemails that Read had left O’Keefe.
CaNton Police Lt. Charles Ray Testimony
Canton Police Lt. Charles Ray took the stand after a lunch break. The prosecution asked about Ray’s welfare check at O’Keefe’s house on the morning of Jan. 29. He said he and his partner only spent minutes at the location as no one was home.
Mass. State Police Trooper Kevin O’Hara Testimony
The prosecution called Mass. State Police Trooper Kevin O’Hara as the last witness of the day.
His team was briefed to conduct a search for evidence at 34 Fairview Rd., including a missing taillight and a shoe.
“Do you remember what the first piece or item that you or the search team found was?” Brennan asked.
“It was a piece of taillight,” O’Hara said.
O’Hara added that the first evidence was found around 5 p.m., and shortly after the search team found the missing shoe.
O’Hara added that they ended the search at around 6:15 p.m., after 55 minutes, and no other members of his team went back to the scene.
Following the prosecution, the defense questioned O’Hara on why the scene was not taped off or secured.
O’Hara said that the weather helped to secure the scene, “because with that being fresh, undisturbed snow and with the man tracking we do, we would be able to determine if anyone has accessed that area.”