Karen Read’s defense zeroed in on what it said was changing testimony from a key witness as the trial on charges that Read ran down and killed her boyfriend John O’Keefe in 2022 entered its 15th day.
Jennifer McCabe never said in her April 2022 grand jury testimony that Read said “I hit him, I hit him, I hit him” at the scene of O’Keefe’s death, but instead testified back then that Read frantically asked whether she had hit O’Keefe with her car, the defense worked to establish during a testy cross-examination of McCabe on Tuesday.
Read, 44, of Mansfield, faces charges of second-degree murder, motor vehicle manslaughter and leaving the scene of a collision causing the death of O’Keefe, a 16-year Boston Police officer and her boyfriend of about two years when he died at age 46. Prosecutors say that after a night out drinking the pair argued and she killed him by backing her Lexus SUV into him, leaving him to die in the cold during a snowstorm.
“I don’t know if I said it in the grand jury but I can say today, with 100% certainty, that she said ‘I hit him, I hit him, I hit him,’” McCabe said Tuesday in one of the most tense cross examinations in the trial so far, on its 15th day of testimony, the beginning of the fourth week of trial.
Defense attorney Alan Jackson said that McCabe “reiterated 12 times” in grand jury testimony that Read had instead said variations of “Could I have hit him?” or “Did I hit him?” while both looking for O’Keefe and while pacing, “hysterical,” around O’Keefe’s body in the snow in the front yard of a Canton home.
Jackson questioned why McCabe wouldn’t have “volunteered” the pronouncement of “I hit him” at the scene during her grand jury testimony if it was, as she said, the most “impactful” memory of that morning.
Jackson’s also questioned McCabe during a long stretch of the morning regarding the timing and placement of various cars outside 34 Fairview Road. The home was owned by McCabe’s sister Nicole Albert and Nicole’s husband Brian Albert.
A party had gathered there that night following a night out drinking at Waterfall Bar and Grill, nominally to celebrate Brian Albert Jr.’s 23rd birthday, to which O’Keefe and Read were both invited.
By 6:03 a.m. on Jan. 29, 2022, Jennifer McCabe placed a call to 911 reporting that she, Read, and another friend named Kerry Roberts found O’Keefe’s body in the front yard.
McCabe said she also called her sister, Nicole Albert, but that the call was never answered. She would then run into the house and “burst” into Brian and Nicole Albert’s bedroom to give them the news.
Jackson used this moment to question where the Alberts’ dog, Chloe, was. The Alberts had testified earlier in the trial that the dog was asleep in their bedroom and that she didn’t very much like strangers.
“And you don’t remember a 70–pound German shepherd having any reaction” to you bursting into the bedroom? Jackson asked.
“No,” McCabe said. “I have no memory of having seen the dog.”
Brian Albert is one of three people that defense attorney David Yannetti in a pre-trial hearing identified as being in the home when he alleges O’Keefe was onsite and had motive and opportunity to kill him. The defense has developed a third-party killer theory and has alleged a massive frame-up job to ensnare their client.
The other two Yannetti identified are ATF Agent Brian Higgins, who is a friend of Albert’s and allegedly had a romantic connection with Read; and Colin Albert, Brian Albert’s nephew. The dog, Chloe, also comes into the mix, with the defense pointing to wounds to O’Keefe’s arms that they say are consistent with dog bites.
It is the defense’s theory that McCabe, her husband Matthew McCabe, and members of the Albert family — all of the principals having already testified — colluded to concoct a story to frame Read.
That’s a form of the specific word “collusion” that Jackson used often in his questioning of McCabe — despite the sustained objections to its use.
He used phone call records — including inconsistencies between the call records extracted from both McCabe’s phone, which she said she willingly handed over to police, and O’Keefe’s phone, to allege that she had deleted call records. Jackson also brought up times members of the alleged conspiracy were together during questioning or allowed to talk amongst themselves without an investigator present to stoke the probability of collusion.
“There is no story. There’re facts and truth on this side of the case,” McCabe said, her voice firm, at one point, adding that it was the defense team that was “spinning” a story.
McCabe was also the one texting O’Keefe while he was en route to 34 Fairview for the afterparty with Read, which has been on the record since Read’s first lower court arraignment just days after O’Keefe’s death. The texts continued after McCabe said she saw Read’s Lexus SUV in front of the house. She said she would look out the window around the time of each text, to see why the pair were not coming in.
Over that period, she said she had a clear view of the vehicle until it was gone when she last looked. Not once, she testified, did she hear any unusual noises, like an engine revving, voices arguing, or the sounds of a crashing car.
Karen Read sits at the defense table during her trial on murder charges at Norfolk Superior Court. (Matt Stone/Boston Herald)Defense attorney Alan Jackson questions witness Jennifer McCabe during Karen Read’s trial at Norfolk County Superior Court. (Matt Stone/Boston Herald)
Defense attorney David Yannetti gestures while describing evidence to witness Matthew McCabe during the trial of Karen Read at Norfolk County Superior Court, Friday. (AP Photo/Charles Krupa, Pool)
Charles Krupa, Pool/ The Associated Press
Witness Matthew McCabe testifies during the trial of Karen Read at Norfolk County Superior Court earlier this month in Dedham.
Karen Read smiles after listening to her attorney Alan Jackson during her trial at Norfolk County Superior Court, Friday, May 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool)
Dedham, MA 5/16/24 Colin Albert , 20, is crossexamined on the stand. A photograph of him (right) with busted knuckles is projected. The murder trial for Karen Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Dedham, MA 5/16/24 Adam Lally questions Matthew McCabe. The murder trial for Karen Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone . Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe , and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Karen Read smiles as Colin Albert, 20, answers questions by Alan Jackson. The murder trial for Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone . Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe , and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Dedham, MA 5/16/24 Colin Albert 20, is cross examined by Alan Jackson . Jackson shows Albert a copy of a screen shot from his phone. The murder trial for Karen Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone . Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe (cq), and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Photo by Pat Greenhouse/Pool
Witness Matthew McCabe is questioned by prosecutor Adam Lally on Thursday during the Karen Read murder trial at Norfolk Superior Court in Dedham. (Photo by Pat Greenhouse/Pool)
Dedham, MA 5/16/24 While an exhibit is being projected, Karen Read watches as Colin Albert , 20, is cross examined by Alan Jackson. The murder trial for Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone . Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe (cq), and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Dedham, MA 5/16/24 Judge Beverly J. Cannone listens to Adam Lally (cq) question Matthew McCabe The murder trial for Karen Read continues in Norfolk Superior Court. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe , and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Dedham, MA 5/16/24 Karen Read confers with her legal team, during a short break in the cross examintion of Colin Albert , 20. The murder trial for Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe ), and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Alan Jackson cross-examines Colin Albert. The murder trial for Karen Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone . Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Dedham, MA 5/16/24 Colin Albert 20, is cross examined by Alan Jackson. The murder trial for Karen Read continues in Norfolk Superior Court, in front of Judge Beverly J. Cannone Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe and leaving him to die in a blizzard in Canton, in 2022. (Photo by Pat Greenhouse/Pool)
Witness Colin Albert takes the stand.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Greg Derr/pool
A photo of Nicole Albert and Colin Albert taken a days after the death of John O'Keefe, as showing in Wednesday during the Karen Read murder trial. (Greg Derr/pool)
Karen Read reacts to her family during a break in her trial.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Karen Read talks with her lawyers about a timeline on Allison McCabe's phone.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Read lawyer David Yannetti cross examines Allison McCabe about her text messages to Colin Albert.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Prosecutor Adams Lally questions Allison McCabe about text messages to Colin Albert.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Allison McCabe breaks into tears when recounting the harassment that she and her family have received from internet boggers.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Witness Colin Albert takes the stand.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Greg Derr/pool photo
Allison McCabe answers questions about her phone text messages with Colin Albert. (Greg Derr/pool photo)
Greg Derr/pool photo
Witness Heather Maxon. (Greg Derr/pool photo)
Greg Derr/pool photo
Witness Richard D'Antuono of Canton. (Greg Derr/pool photo)
Defense attorney David Yannetti cross examines Richard D'Antuono.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Victim John O'Keefe's brother Paul O'Keefe listens to a witness on the stand.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Witness Ryan Nagel of Canton.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Defendant Karen Read.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Greg Derr/pool photo
Witness Ryan Nagel of Canton. (Greg Derr/pool photo)
Defendant Karen Read.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
DNA samples entered into evidence, sent to test for dog DNA.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Defendant Karen Read.
The Karen Read murder trial continues at Norfolk Superior Court in Dedham, Mass on Wednesday May 15, 2024
Greg Derr/pool photo
Karen Read takes notes during her murder trial at at Norfolk Superior Court in Dedham last week. (Greg Derr/pool)
Greg Derr/pool photo
Teri Kun of UC Davis Veterinary Lab talks about DNA samples. (Greg Derr/pool photo)
Dedham, MA - Karen Read arrives for day 11 of her murder trail. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe and leaving him to die in a blizzard . (Nancy Lane/Boston Herald)
Dedham, MA - Karen Read arrives for day 11 of her murder trail. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe and leaving him to die in a blizzard . (Nancy Lane/Boston Herald)
Dedham, MA - Karen Read arrives for day 11 of her murder trail. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe and leaving him to die in a blizzard . (Nancy Lane/Boston Herald)
