Karen Read prosecution hits back after defense aims to dismantle investigator's testimony
Karen Read pleaded not guilty to murder charges in the death of Boston police officer John O’Keefe and is facing a retrial after a jury was unable to reach a verdict last year.
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During special prosecutor Hank Brennan’s redirect examination of Massachusetts State Police Sgt. Yuri Bukhenik, Brennan aimed to poke holes in the defense’s theory that former investigator Michael Proctor may have planted broken taillight pieces from Karen Read’s Lexus SUV at the crime scene.
“While you were at the Canton Police Department and in the sally port area, did you ever see anybody take a piece or in any way remove part of that broken taillight from the Lexus?” Brennan asked.
“No,” Bukhenik said. “I did not.”
Brennan also asked Bukhenik about his choice to interview witnesses Jennifer McCabe, Matt McCabe and Brian Albert at the McCabe family’s home.
“There were multiple factors involved in that decision,” Bukhenik explained. “One, the driving conditions. Two, these are witnesses that had suffered some sort of traumatic event, finding their friend on the front lawn of their own town. So going to their home would provide, hopefully, a more comfortable scene for them to recall information in the comfort of their own home.”
Following Massachusetts State Police Sgt. Yuri Bukhenik redirect examination by special prosecutor Hank Brennan, defense attorney Alan Jackson returned for Bukhenik’s re-cross.
“You were asked about any evidence of Brian Higgins having a motive to murder John O'Keefe just a few minutes ago by Mr. Brennan, right?” Jackson asked.
“Yes,” Bukhenik said.
“And you said, ‘No, I didn’t find a motive that Brian Higgins would want to murder John O’Keefe,’ is that right?” Jackson said.
“That’s right,” Bukhenik said.
“What about a motive to confront him about a girl he was interested in?” Jackson replied.
“I believe the text messages speak for themselves,” Bukhenik said. “Everybody heard me read them out loud.”
Jackson went on to grill Bukhenik on the flirtatious text messages between Karen Read and Higgins in the days leading up to O’Keefe’s death.
“After weeks of communicating with Ms. Read in a romantic manner and then seeing her walk in the door with John O’Keefe, and sending the text message, ‘Um, well,’ after having been intoxicated,” Jackson said. “You see that detective, as investigators, as a possible scenario for Brian Higgins to be jealous about John O’Keefe.”
“There’s a possibility there,” Bukhenik said. “But I didn’t see it.”
Jackson pointed to the chance Higgins may have gotten into a confrontation at the Waterfall Bar and Grille before leaving for 34 Fairview.
“Did you see the situation on that tape?” Jackson asked. “Where Brian Higgins is standing and Chris Albert physically puts his hand on Brian Higgins’ left arm.”
“I don’t have a specific memory of that.” Bukhenik said.
After Jackson’s line of questioning, Bukhenik was dismissed from the witness stand following three days of testimony and Judge Beverly Cannone sent the jurors in Karen Read’s trial home for the day.
Defense attorney Alan Jackson presented additional evidence with Massachusetts State Police Sgt. Yuri Bukhenik on the witness stand.
Jackson showed jurors surveillance footage of former investigator Michael Proctor inside a sally port with Karen Read’s Lexus SUV shortly after it had been seized by authorities.
“You'll agree that the prior video that we showed that you and I just talked about, the inverted video appeared, for all intents and purposes, to show Michael Proctor stay away from the right rear taillight, walk all the way around and and position himself to the left rear taillight,” Jackson said.
“It appeared that that is what was happening,” Bukhenic said. “But he was standing next to the taillight that was already damaged.”
Jackson then pointed out that the video is inverted, meaning Proctor actually walked to the undamaged right taillight.
“You’ll also agree that this video was taken before any taillight material was ever found at 34 Fairview, correct?” Jackson asked.
“I know that the SUV pulled into the garage of the sally port at 5:35 p.m.,” Bukhenik said. “We were still on scene at 5:51 p.m., almost 5:52 p.m.”
Jackson went on to note the sally port is located approximately four minutes from 34 Fairview.
During Bukhenik’s testimony, Jackson pointed out an apparent lapse in the sally port’s surveillance footage, with the clip jumping from an empty garage to showing Read’s SUV parked inside.
“According to your testimony, in about five seconds, the time jumped from before the SUV was in the sally port to about 5:50 p.m., after the SUV had already arrived and is now situated in the sally port, correct?” Jackson asked.
“Yes,” Bukhenik said. “That is correct.”
Following three days of cross-examination, Jackson concluded his questioning of Bukhenik.
Karen Read’s trial returned from a lunch break on Monday with Massachusetts State Police Sgt. Yuri Bukhenik returning to the witness stand for cross-examination.
Judge Beverly Cannone sent jurors on a lunch break before turning to a short hearing regarding Massachusetts State Police Sgt. Yuri Bukhenik’s testimony regarding rumors surrounding the relationship between former investigator Michael Proctor and Brian Albert's family.
“Did you ever talk to or investigate the circumstance of the possibility, even the remote possibility, that Michael Proctor may have had a relationship with the Alberts that you were unaware of?” Jackson asked.
“No, I never investigated,” Bukhenik said.
Jackson pointed to messages between Proctor and the Alberts indicating the family wanted to give Proctor a gift for his work on the investigation regarding the death of John O’Keefe.
Following the brief hearing, Cannone ruled she will not allow Jackson to question Bukhenik on his knowledge of Proctor’s relationship with the Albert family in front of the jury in Karen Read’s trial.
Following a morning recess, defense attorney Alan Jackson continued his cross-examination of Massachusetts State Police Sgt. Yuri Bukhenik, specifically zeroing in on former investigator Michael Proctor’s involvement in the department’s investigation into John O’Keefe’s death.
“Did Michael Proctor discuss with you a previous relationship that he and or his family had with Chris and Julie Albert or their family?” Jackson asked.
“Yes,” Bukhenik said. “As we were walking up to the door, he stated that he knows them from around town and through friends.”
Jackson asked Bukhenik about accusations surrounding Proctor’s relationship with the Albert family, who owned 34 Fairview at the time of O’Keefe’s death, before turning to video footage obtained by Proctor during the investigation.
“Did you see on some of the electronic devices that you picked up in furtherance of this investigation, video of somebody outside now, where the outside cameras are outside camera view at the Canton [Police Department] at about 1:30 a.m. on Jan. 29, 2022?” Jackson said.
“I do not remember specifically seeing an individual,” Bukhenik said. “But I did review it.”
Jackson pointed to surveillance footage clips recorded at approximately 1:30 a.m. on Jan. 29, 2022 - one hour after O’Keefe’s final moments . The clips show a vehicle matching the description of ATF agent Brian Higgins’ white Jeep Wrangler arriving at the Canton Police Department with an individual dressed in dark clothing crossing the parking lot and entering the building.
"It appears to be Mr. Brian Higgins,” Bukhenik said, before testifying the timestamps indicated Higgins remained inside the office for approximately six minutes.
Jackson pointed out the individual appeared to be making a phone call upon walking back out to the parking lot. Footage shows a second vehicle’s headlights turning on with the individual moving between their Jeep and the other car.
Massachusetts State Police Sgt. Yuri Bukhenik returned to the witness stand on Monday to face a third day of cross-examination from defense attorney Alan Jackson.
Jackson pushed Bukhenik on his handling of the department's investigation into the death of Boston police officer John O’Keefe, specifically questioning Bukhenik’s role as former investigator Michael Proctor’s supervisor.
“You would agree that your supervision has a direct impact on the character and quality of the subordinate investigators that you supervise,” Jackson said.
“Yes, sir,” Bukhenik replied.
Jackson went on to grill Bukhenik on his involvement in a text message group chat between Proctor, Bukhenik and several other investigators involved in the case that began with Trooper David Dicicco sending a photo of Karen Read’s defense attorney, David Yannetti.
“Michael Proctor then responded, correct?” Jackson asked.
“That’s what it says here,” Bukhenik said. “Yes.”
“And then [Proctor] responded, ‘Funny, I’m going through his retarded client’s phone,’ correct?” Jackson said.
“That’s what it says,” Bukhenik said. “Yes.”
Jackson questioned Bukhenik on his choice to react to Proctor’s message with a “thumbs up.”
Jackson went on to read messages from Proctor indicating he was searching for nude photographs of Karen Read before commenting on the photo of Yannetti.
“Michael Proctor then responded again, is that right?” Jackson said. “He wrote, ‘No nudes so far,’ correct?”
“That’s what it says,” Bukhenik said. “Yes.”
Bukhenik’s choice to give Proctor a positive evaluation within the department remained under fire by Jackson, with the defense attorney pointing to comments from Bukhenik that Proctor handled the investigation with “integrity.”
“I believe that as a U.S. citizen, he has the right to comment,” Bukhenik said. “That's his First Amendment right, we uphold the Constitution. It's unfortunate, unprofessional,
Judge Beverly Cannone called Court into session on Monday following a pre-planned late start.
Before the jury was called in, Cannone told both sides' attorneys she arrived to find three motions filed this morning, with special prosecutor Hank Brennan raising a legal precedent surrounding a defense argument that an investigation may have been so inadequate that it creates reasonable doubt.
Brennan pointed to the 1980 case Commonwealth v. Bowden before arguing the defense should not have “limitless” ability to question witnesses about evidence that may not be relevant in the case and that improper questions “inflames the jury.”
"The defense could say the same about the prosecution too,” David Gelman, a Philadelphia-area defense attorney and former prosecutor, told Fox News Digital. “Unless it’s blatant, the judge will deny this quickly.”
Following a brief sidebar, the jurors were called into the courtroom and Massachusetts State Police Sgt. Yuri Bukhenik returned to the stand.
Karen Read arrived at Norfolk Superior Courthouse as testimony in her second murder trial is set to enter its fourth week, with Massachusetts State Police Sgt. Yuri Bukhenik expected to return to the witness stand.
Read is facing the possibility of life in prison for the alleged killing of Boston police officer John O’Keefe on the morning of Jan. 29, 2022.
During hours of cross-examination from defense attorney Alan Jackson on Friday, Massachusetts State Police Sgt. Yuri Bukhenik was asked to read a long string of text messages exchanged between Read and Brian Higgins, a Canton-based ATF agent with whom she was flirting behind O’Keefe’s back.
Having Bukhenik read the texts allows the defense to introduce hearsay statements into the case, according to Grace Edwards, a Massachusetts defense attorney who is following the case closely. They also raise questions about the integrity of the investigation, something the defense has aimed to discredit entirely.
"They are being entered not for the truth of what is contained in them but to show that they existed," she told Fox News Digital. "That is important because the defense wants to be able to argue that these messages existed, and did or did not the investigation consider them as a lead? Wouldn’t the knowledge of a romantic flirtation between Karen Read and Brian Higgins create the possibility of conflict between Brian Higgins and John O’Keefe?"
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Karen Read’s trial is set to enter its fourth week on Monday with Massachusetts State Police Sgt. Yuri Bukhenik taking the stand for his third day of cross-examination.
On Friday, jurors heard Bukhenik read text messages from Read and Brian Higgins, with defense attorney Alan Jackson grilling the police sergeant on the flirtatious nature of the conversations leading up to John O’Keefe’s death.
Read is facing murder charges for the alleged killing of John O’Keefe on Jan. 29, 2022 and if convicted, Read could spend the rest of her life behind bars.
Prosecutors allege Read struck O’Keefe with her Lexus SUV in a drunken rage, leaving him to freeze to death in the front yard of 34 Fairview. Read’s defense is arguing she is being framed by the local police department in an elaborate cover-up with former investigator Michael Proctor previously at the helm.
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