Karen Read defense grills Michael Proctor's police partner in second day of cross-examination
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 Massachusetts State Police Sgt. Yuri Bukhenik’s cross-examination, defense attorney Alan Jackson asked the investigator about Brian Albert’s family dog, a German Shepherd named Chloe.
“I traveled to the dog's home and assisted with identifying the dog and investigating that animal,” Bukhenik said.
Bukhenik testified that the Albert family re-homed the dog after John O’Keefe’s death, with the current owner purchasing Chloe from a third party individual, and that he did not obtain the transfer records or made contact with the dog’s new owners.
Jackson then went on to grill Bukhenik on the timeliness of reports being filed in the department’s investigation into John O’Keefe’s death.
“Are you aware that the longest delay of any report in this investigation was 581 days?” Jackson asked.
“I am not aware of that,” Bukhenik said.
Jackson questioned Bukhenik on his request for Michael Proctor to interview witnesses Ricky D'Antuono and Heather Maxon, noting the timeframe in which the interviews were conducted.
“This report, authored by me, states that on Saturday, September 2, [D’Antuano] was interviewed,” Bukhenik said.
“What year?” Jackson asked.
“2023.” Bukhenik confirmed.
“So that would have been a year and a half later, correct?” Jackson said.
“Yes,” Bukhenik said.
Following a brief sidebar, Judge Beverly Cannone dismissed the jurors for the day, concluding the third week of Karen Read’s trial.
Defense attorney Alan Jackson pressed Massachusetts State Police Sgt. Yuri Bukhenik on his initial investigation into John O’Keefe’s death on the morning of Jan. 29, 2022.
Jackson pointed out that none of the taillight pieces from Karen Read’s Lexus SUV were found outside 34 Fairview until after the vehicle was taken into police custody.
“As a matter of fact, you're also aware that no taillight material was found until after that SUV was in Massachusetts State Police custody and sitting at the sally port,” Jackson said.
“I believe the first taillight piece was found after it was in our custody,” Bukhenik confirmed.
Jackson went on to play surveillance footage of the group of friends at the Waterfall Bar and Grille on the night before O’Keefe’s death, pointing out O’Keefe and Higgins appeared to be taking a “fighting stance” while drinking.
“Sergeant, did you see either of the two men, or both of them, squaring off in what you would consider to be a fighting stance?” Jackson asked.
“I guess it could be considered that,” Bukhenik answered. “It would look more like roughhousing - a couple of buddies messing around.”
Following a lunch break, Massachusetts State Police Sgt. Yuri Bukhenik weighed in on his opinion regarding text messages between Karen Read and ATF agent Brian Higgins.
“It's an angry girlfriend trying to set up a hook up to hurt John [O’Keefe],” Bukhenik told defense attorney Alan Jackson during cross-examination.
Jackson went on to question Bukhenik on whether or not Read stopped replying to - or “ghosted” - Higgins for a few days before O’Keefe’s death.
“One could read into that in that manner,” Bukhenik said. “Yeah.”
Jackson then revealed Higgins texted O'Keefe at 12:20 a.m. on Jan. 29, 2022 - minutes before data shows O'Keefe's phone stopped moving in his final moments.
"The last text message that was exchanged was Brian Higgins at 12:20 a.m. on January 29th, 2022, texting Mr. O'Keefe, 'You coming here,' with three question marks, correct?" Jackson said.
Text messages between Karen Read and ATF agent Brian Higgins continued to be read aloud in court by Massachusetts State Police Sgt. Yuri Bukhenik during cross-examination.
The messages revealed an increasingly flirtatious tone between Read and Higgins in the days leading up to John O’Keefe’s death, with Read divulging to Higgins the pair were experiencing troubles in their relationship.
Jackson presented messages from Higgins at 11:32 p.m. on Jan. 28, 2022, the night the group of friends went out drinking before heading back to Brian Albert’s home at 34 Fairview.
“Ummmmmm,” Higgins wrote. “Well.”
Read responds approximately 12 hours later, texting Higgins, “John died.”
Following the conclusion of the texts being read to the jurors, Judge Beverly Cannone dismissed the Court for a lunch break.
Massachusetts State Police Sgt. Yuri Bukhenik continued reading text messages between Karen Read and ATF agent Brian Higgins during cross-examination by defense attorney Alan Jackson.
“Are you breaking up or staying together?” Higgins asked, referring to John O’Keefe and Read’s relationship.
“I don’t know,” Read replied. “He hooked up with another girl on vacation. I am very close to his niece. It’s a very f----- up situation.”
he pair continued their flirtatious conversation over the course of several days in January 2022, with Read seemingly acknowledging the pair kissed.
“We did kiss earlier, no?” Read wrote.
“I think you initiated that, no?” Higgins replied.
“Yup,” Read said. “Do I owe you an apology?”
The texts continue, with Read telling Higgins that O’Keefe has cameras throughout his house and addressing Read and O’Keefe’s rocky relationship.
“Ok, so he is cool with you dating other people,” Higgins said.
“I doubt it,” Read wrote. “If he is seeing someone else I wouldn’t want to know either way. He probably feels the same. And you probably feel that way about whoever you hook up with. I think that’s normal.”
Following morning recess, defense attorney Alan Jackson presented Massachusetts State Police Sgt. Yuri Bukhenik with text messages between Karen Read and Bureau of Alcohol, Tobacco, Firearms and Explosives agent Brian Higgins.
Jackson asked Bukhenik to read the messages to the jury, while specifying who sent each text. The messages between Read and Higgins began on Jan. 12, 2022 - 17 days before John O’Keefe’s death - with Read obtaining Higgins’ number and texting him out of the blue.
The pair’s conversation transitioned to speaking about Higgins’ dating life.
"I am solo, no rotation,” Higgins wrote. “I am not a hoe.”
“Solo?” Karen replied.
“Solo like no rotation or woman for that matter,” Higgins continued. “Not locked down. Ha Ha.”
“Good for you,” Read wrote. “That’s the best way to be.”
Higgins went on to tell Read he received an invite to a group outing, but did not want to “intrude on [their] couples night.” Read replied, telling him she prefers to hang out with “non-couples.”
As the pair chatted over the course of a few days, the tone turned flirtatious.
“You’re hot,” Read wrote.
“Are you serious or messing with me?” Higgins replied.
“No, I’m serious,” Read said.
“Feeling is mutual,” Higgins wrote. “Is that bad?”
Read later went on to explain to Higgins that she got his phone number by telling a mutual friend she had his number and lost it.
“I was jealous that she had your number,” Read texted.
“Why would you be jealous?” Higgins replied. “I am not attracted to her at all. I have always been attracted to you.”
Massachusetts state police sergeant Yuri Bukhenik was grilled by defense attorney Alan Jackson regarding an evidence bag he gathered that appeared to be signed by former investigator Michael Proctor.
“And you didn't fill this bag out, did you?” Jackson asked.
"No,” Bukhenik said. “I did not.”
“Who did?” Jackson said.
“I do not know who did,” Bukhenik said. “I don't know.”
“You don't recognize the handwriting?” Jackson asked.
“No, I do not,” Bukhenik answered.
“You don't recognize the handwriting of your partner and subordinate, Michael Proctor?” Jackson asked, leading to an objection from prosecutor Hank Brennan.
“Were you with Michael Proctor when this was bagged?” Jackson asked.
“No, I was not,” Bukhenik said. “I was by myself.”
“Did you get it to give the items of evidence to Michael Proctor in this bag?” Jackson said.
“No, I did not,” Bukhenik answered.
“Who did you give it to to bag?” Jackson asked.
“I bagged it myself,” Bukhenik said.
“Whose hardwriting is that?”
“I do not know,” Bukhenik said.
“If you bagged it yourself, why don't you fill out the evidence envelope?” Jackson asked.
“I bagged and turned it over,” Bukhenik answered. “I told him exactly where it was and what time, so someone else wrote the information.”
Jackson went on to show Bukhenik a second bag of evidence with Proctor’s signature, with the handwriting seemingly matching the bag Bukhenik could not identify.
Defense attorney Alan Jackson kicked off Friday’s cross-examination of Massachusetts State Police Sgt. Yuri Bukhenik with a heated line of questioning surrounding Bukhenik’s initial theory that John O’Keefe had been struck with a cocktail glass before his death.
“Based on [Karen Read’s] statement ‘I hit him,’ I assumed that the Mr. O'Keefe was impacted with something,” Bukhenik said. “[In the] initial hours of the investigation, we had those statements, ‘I hit him.’ We had the statements, ‘Oh my God, did I hit him?’ So utilizing that information, with the evidence at that point that we had, was a broken cocktail glass. So a theory would be, why is the cocktail glass broken? Because it came into contact with the victim. So that's why my information communicated to the medical examiner’s office was a possible domestic [incident] involving a glass strike to the victim.”
“So the answer to my question, Sergeant, is you are working off of theories, correct?” Jackson asked.
“We were working off of a report of an injured male party and then we developed the information, collected the evidence and developed an investigation,” Bukhenik explained.
“Do you know what the word ‘theory’ means?" Jackson said.
“I'm sorry,” Bukhenik said. “English is a third language for me. So if you can bring up the Webster's Dictionary, I can read it out.”
“You want me to pull up the Webster’s Dictionary to define a word that you used in an answer 40 seconds ago?” Jackson fired back. “We’re working off a ‘theory.’ You said it, not me.”
Judge Beverly Cannone called Court into session Friday with Massachusetts State Police Sgt. Yuri Bukhenik returning to the witness stand for his second day of cross-examination by defense attorney Alan Jackson.
Karen Read arrived at the Norfolk Superior Courthouse flanked by her defense team as her murder trial looks to wrap up its third week on Friday.
The defense is set to continue cross-examining Michael Proctor’s police partner, Yuri Bukhenik, following Thursday’s tense testimony.
A Massachusetts State Police sergeant who played a key role in the investigation that led to Karen Read's original mistrial on murder charges testified Thursday that, early on, he told other authorities that John O'Keefe may have been hit in the face with a bar glass, causing injuries to his face and head.
Investigators, however, ultimately alleged that Read struck her Boston cop boyfriend with the back of her Lexus SUV and fled the scene, leaving him to die in the cold, on Jan. 29, 2022. Police arrested her on hit-and-run manslaughter charges days after she found him dead outside 34 Fairview Road in Canton, Massachusetts, and prosecutors secured an indictment for second-degree murder months later.
Defense lawyer Alan Jackson got State Police Sgt. Yuri Bukhenik to concede on Thursday that he called the medical examiner's office and said there was a possibility that O'Keefe could have been hit in the face with a cocktail glass.
"Did you contact the medical examiner's office at in (sic) the morning of … January 29th, 2022?" Jackson asked.
"Yes," Bukhenik replied.
"And did you state to them that there was a possibility that the decedent, John O'Keefe, was struck in the face with a cocktail glass?"
"I don't recall my words exactly, but that sounds accurate to what I might have said," the sergeant replied.
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Karen Read’s trial is set to enter Day 13 as former investigator Michael Proctor’s police partner, Yuri Bukhenik, returns to the stand for cross-examination.
On Thursday, prosecutor Hank Brennan looked to further solidify the state’s timeline of events leading up to and directly after John O’Keefe’s death outside 34 Fairview on Jan. 29, 2022. Testimony concluded for the day with defense attorney Alan Jackson grilling Bukhenik on his investigation with Proctor in an attempt to poke holes in the state’s version of events.
Read is on trial for allegedly striking O’Keefe with her vehicle in a drunken argument and leaving him to die in a blizzard. If convicted, she faces a maximum sentence of life in prison.
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