Episode Transcript
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Welcome to another round Today
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we talk brainstorms Let's
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go. First question, you thought you'd
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see everyone's idea in the team brainstorm, but you've got a grand total
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board? Drawing board. In Miro, the team can add
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ideas now or later. And with privacy mode, we
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can keep them anonymous Correct.
0:54
Next, you need the best way but
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all you have is drawing
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board, sticky notes, Drawing board. at
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text, images, links, Right
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again. Now, you're looking for a pass
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slider you thought was just genius. Only
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he's one. For a limited time,
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visit miro.com/brainstorm now. to
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like private mode and voting. That's
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miro.com. Hello,
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I'm Rabia Chaudhry. I invite you to join me every Tuesday for
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wherever you get your
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baby. I'm
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Brett. And I'm Alice. And
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we are The Prosecutors. Today
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on The Prosecutors, we discuss the
2:32
first responder's testimony. Hello
3:14
everybody and welcome to this episode
3:16
of The Prosecutors. I'm Brett. And
3:18
I'm joined as always by my
3:21
lighthearted co-host, Alice. Hi,
3:23
Brett. Anything but, especially when you
3:25
spend all day listening to the
3:27
Karen Reid trial at 1.5 speed.
3:31
The sacrifices we made. I actually thought people in my life were
3:34
talking too slowly because I had been used
3:36
to it. But thank you
3:38
for thinking I'm lighthearted. Yeah, my
3:40
wife now is like, are we gonna watch the trial tonight?
3:44
Sure. Why not? It's
3:46
fine. I haven't already been
3:49
watching it all day. That's fine. So
3:51
we watch a lot of it too. And
3:54
that's a good thing because that's what we're covering, right?
3:56
So this is what we do for
3:58
you guys. And here's the thing, you know, you can see. clips
4:00
of it on TV. But remember,
4:02
trial goes on for like hours
4:04
and hours a day. And even
4:08
at 1.5 speed, that's a lot of hours of trial to
4:10
get to watch. Not that I'm saying
4:12
you shouldn't go watch it, but if you didn't
4:14
want to spend all day, every day watching the
4:17
Karen retrial, we're here for you. There you go.
4:19
God bless those jurors. God
4:21
bless those jurors indeed. Ask the
4:23
same question. Phrase 10 different
4:25
ways. Okay, we get it. But okay, so we're
4:28
back. We're going
4:33
to talk about first responders today. I do want to
4:35
say one thing because I feel like we always have
4:37
to comment at the beginning of these episodes. Not
4:40
surprisingly to me, but we've
4:42
only done two episodes. We haven't even released
4:45
the first one publicly and already people are
4:47
upset that we're calling this a conspiracy theory.
4:49
And I want you, number one, we're not
4:51
doing it in the pejorative way. It
4:54
is literally the theory
4:56
of the defense. The theory of the defense
4:58
is that there was a conspiracy. And I
5:00
think it's important that we all be honest
5:02
about what we're saying in this
5:04
case. If you think Karen Reed did this,
5:07
then you think an ordinary woman successful, basically
5:09
ran over her boyfriend and left him to die
5:12
in the snow. Own it.
5:14
If that's what you think, own it. If
5:16
you don't think she did that and you agree with the defense,
5:19
then you think that the people
5:21
at that house, including the McCabe's and the
5:23
Alberts either conspired to kill John or conspired
5:25
to lure him there for a fight or
5:27
just got into a fight with him and
5:29
then decided to murder him, to leave him
5:31
in the cold to die. And
5:33
then they were assisted in covering that up with
5:36
various members of the police department who were
5:38
either friends with him or related to them.
5:40
Own it. If that's what you think, own
5:42
it. And I see a lot of people use sort
5:45
of code words like, well, you know, I don't know
5:47
exactly what happened, but something strange happened in the house.
5:49
I just think there's more than what we're hearing. No,
5:51
no, no, don't do that. Own it. That's
5:54
what you think happened. And that's fine. And I will
5:56
say this about Turtle Boy, who is very controversial. A
5:58
lot of people hate him. One
6:00
thing you can't say about that man He
6:03
owns it like he is out
6:05
there saying this is a murder conspiracy these
6:08
people conspired to murder this man and the police
6:10
who are corrupt helped them pull it off and
6:13
Hat tip to him for saying exactly what he thinks and
6:15
I think we all need to own it as we're going
6:17
through this and looking at the evidence and watching these people
6:20
on the stand like you need to watch these people on
6:22
the stand and decide whether
6:24
or not they did this you
6:26
need to Listen to the
6:28
evidence and decide whether or not Karen
6:30
Reid did this own it
6:32
This is not fiction and it's not a
6:34
sport. It's real life all these people's lives
6:37
from Karen Reid down to
6:39
you know Colin Albert who's
6:41
like 17 when this happened their lives on
6:43
the line here And I think we all need to be
6:45
honest about what we're saying and we're gonna continue to do
6:47
that Whether it irritates people or
6:49
not and let's be clear when
6:51
we say we're not using the term conspiracy in
6:54
the pejorative way Literally a conspiracy in the
6:56
legal sense are people more than one person
6:58
and usually I mean you can charge a
7:00
conspiracy with two people But here we're talking
7:02
about many many more than
7:04
two people But all you need for conspiracy
7:06
is two or more people who have a
7:08
meeting of the minds to carry out Something
7:11
illegal and also think about
7:13
what exact conspiracy is your
7:15
theory of the case is it that they
7:17
conspired to? Lear
7:19
John to the house to kill
7:21
him or is it that he
7:23
died maybe even in some not in Intentful
7:25
way like he died whatever it was he
7:27
overdosed. I don't know he tripped He died
7:29
whatever it was, but they conspired to cover
7:31
it up because that's also a conspiracy, but
7:33
there are different Conspiracies actually that
7:36
are being laid out by the defense and
7:38
you don't have to buy every single one of them
7:41
But when you say something fishy happened what
7:43
you're saying is something fishy happened. That was
7:45
illegal. That is a conspiracy And
7:48
we need to use words that have meaning that
7:50
we agree upon in order to talk about this
7:52
case Instead of just I
7:55
have a bad feeling about this and that's what we're trying
7:57
to do is put words to what you're seeing in and
8:00
also what people are saying euphemistically
8:02
without actually using the words that have
8:04
the legal meaning behind it. With that.
8:08
With that. With
8:10
that though, this is why it's
8:12
important because we are going through
8:14
witness testimony and these witnesses were
8:17
at the prosecution phase of the case. As
8:19
of the time of recording, the prosecution is
8:21
still presenting their case. So, of
8:23
course, they're the ones calling the witnesses
8:25
to make sure there's evidence
8:27
to meet the legal standard for the
8:30
charges that Karen Reed is indicted with.
8:32
But listen to what the cross-examination
8:35
is because so far in the
8:37
witnesses we've covered, I
8:39
believe almost every single one of them, except maybe a
8:41
family member or two, are
8:44
by the cross-examination implied to be part
8:46
of this conspiracy. Implied to know something,
8:49
to cover up something, elicit
8:51
in order to frame Karen Reed. So
8:53
that's why this is important because even
8:55
though these are prosecution witnesses, the defense
8:57
is starting to put on its conspiracy
8:59
case now. And we're going to
9:01
see more of that today. And just one aside, Turtle
9:03
Boy, if you don't know who that is, he's a
9:06
blogger in Massachusetts, a citizen journalist
9:08
who uncovers corruption in the police
9:10
and truly believes that Karen Reed
9:12
is innocent and there is a
9:14
corrupt cover-up. And he has been very vocal
9:16
about that to the point that I think he currently has 16
9:18
felony charges for witness intimidation. So
9:21
he's very passionate and committed. And,
9:24
you know, if you watch the trial, occasionally you
9:26
see arguments about whether he can be in the
9:28
courtroom or not. So he's very much a part
9:30
of this case. But with all that said, let's
9:32
get to Anthony Flamedi. Okay,
9:35
Anthony Flamedi. He is
9:37
a Canton firefighter. And when you watch
9:40
him testify, and there is a lot
9:42
that he's going to say, cross-examination is
9:44
pretty arduous. I mean,
9:46
I think it's going to be arduous
9:48
for just about all of the witnesses,
9:50
but he's very matter of fact. He's
9:52
non-emotional. He is, you know,
9:55
a professional and it comes off. It doesn't seem
9:57
like he has an agenda. He answers the question
9:59
before. better
12:00
was to try and save his life
12:02
if that was possible at all. And
12:05
I think Flemati is one of the ones who talks
12:07
about how sometimes when someone's really cold, that actually is
12:09
an opportunity to save a life that you would not
12:11
be able to save otherwise. That sort
12:13
of being in that low
12:16
temperature can preserve life
12:18
in bizarre ways. I mean, there are crazy stories about
12:20
that. And that was sort of their hope, even though
12:23
there wasn't a lot of signs of life. But
12:25
John, nevertheless, there might be a possibility once you
12:27
warm him up and get his core temperature up
12:30
that maybe you could get his heart started. And because of
12:32
how cold he was, he might be
12:34
able to have sort of a miraculous recovery. But obviously
12:36
that didn't happen. And one thing to
12:38
note, if you watch his testimony is he's not
12:40
defensive about, for example, not
12:43
being able to say more or engage Karen Reed more
12:46
because he's like, I'm there to save his life. That
12:48
was my job. You know, that's he's not defensive
12:51
about it. He doesn't try to make
12:53
up answers because you'll set you'll have witnesses
12:55
sometimes who try to give whoever's
12:57
asking the question answer. I don't know. I
13:00
was focused on his core temperature. I was
13:02
focused on chest compressions. I was focused on,
13:04
you know, X, Y, and Z medically. It
13:07
explains all of these medical interventions and there
13:09
were a lot of them. Then
13:11
of course, the defense gets to cross-examine him. And
13:14
the defense noted that the conversation he said he
13:16
had with Reed, where Reed was saying, I hit
13:18
him, I hit him, oh my God, I hit
13:20
him. This wasn't
13:23
actually in a report
13:25
anywhere created by Flomati. Now,
13:27
remember who Flomati is. He's
13:29
a firefighter. Now, Flomati notes
13:31
that that's because his report
13:33
writing ends at the transfer of the patient.
13:36
So it's not likely to be in
13:39
any report. One
13:41
thing to note though, so he's saying that's
13:43
not my duty, right? Like if you were
13:45
a police officer, we talked about earlier that
13:47
when a police officer doesn't put something like,
13:49
you know, I hit him, it's my fault
13:52
in the police report, that's a problem. But
13:54
he's a firefighter who's there to save life.
13:57
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32:00
I'm not saying it right. It's not bad. You're
32:02
doing it right. It's not bad. It's not bad.
32:05
Outside the presence of the jury, the defense further
32:07
questioned Katie. And the reason this is a
32:09
sidebar, by the way, is because they're trying to
32:11
bring in evidence, I think pictures, that they
32:13
had not previously shown the prosecution.
32:15
So this is, you can absolutely object
32:17
to this because you can't have last
32:19
minute, you know, kind of surprise elements.
32:21
So this is why everything's happening outside
32:24
of the jury. It's not
32:26
because of some legal thing. This
32:28
is late produced. We haven't had a chance to look at this. We haven't
32:30
had a chance to decide if we want to object to this. So
32:33
outside the presence of the jury, the defense
32:35
further questions Katie. And this can happen where
32:37
a witness is still on the stand and
32:40
she is answering questions, but the jury's not hearing
32:42
this. And the purpose of this is for the
32:44
judge to see what the questions are, if it's
32:46
going to be relevant and having to make kind
32:48
of these decisions on the spot
32:51
without prejudicing the jury who would have heard
32:53
the testimony. And in that case, it's hard
32:55
to get them to unhear what they've heard.
32:58
We had a whole day of this in Murdaw, you may recall, where
33:01
we did like a whole day of testimony
33:03
about all the stuff Murdaw had done financially.
33:05
And then the judge had to decide what to let in
33:07
front of the jury. And that's basically what's happening here. Yeah.
33:10
So there's all these pictures and the purpose of these pictures
33:12
is to show how close Kaitlyn and
33:14
Katie are. Of course, the
33:16
prosecution, as they should, because they hadn't seen
33:18
these photos previously, objected them.
33:21
And so this questioning is going
33:23
to whether the prosecution's objections to
33:25
this evidence could be sustained
33:27
or overruled. So the
33:30
defense shows a picture to Katie of
33:33
Kaitlyn's Facebook page, listing
33:36
Katie as one of Kaitlyn's
33:38
friends. I don't like to
33:40
call people out on their ages, typically, because
33:42
I am also getting up in my age
33:44
as well. But this was definitely
33:47
a boomer moment because I was like, really?
33:49
How many friends do most people have? And
33:51
the fact that you are friends with someone
33:53
on Facebook could mean nothing. Right? And
33:55
I'm like, did we go to high school together? I'm not sure. And
33:58
I'm friends with a lot of people. for all of you who
34:00
I'm friends with on Facebook. Everyone of you. I
34:03
was gonna say, especially if you had a common
34:05
connection, like you went to high school together, I
34:07
think I'm friends with maybe
34:10
a thousand people I went to high school with whom
34:12
I haven't spoken with in decades,
34:14
right? So this was, I thought, incredibly
34:16
weak. It wasn't like they listed each
34:19
other as cousins, or like
34:21
sister from another Mr. Sort of situation. It
34:23
was straight up, they are friends on
34:26
Facebook. But it does get better,
34:28
it does get better than that. I just thought that
34:30
was a very weak sort of thing, even though the
34:32
defense really harped on it and wanted it to be
34:34
significant. They then move
34:36
on to, I think, better evidence of them
34:39
being friends. They show a photo of a
34:41
bunch of people together, and it includes Caitlin
34:44
and Katie in this picture, but it wasn't just the two of
34:46
them, it was a lot of people. Katie
34:48
looks at the photo and she says she doesn't recall
34:50
when or where it was taken, though it appeared to
34:52
be from around 2014, 10 years ago. Probably
34:57
close in time to when they graduated high school,
34:59
or at least 10 years in time closer to
35:01
when they graduated from high school. After
35:04
showing yet another photograph, which
35:06
Katie, again, didn't really particularly
35:08
remember, which had about 12 people
35:10
in it, again, big group of people with
35:12
both Katie and Caitlin in it, the defense
35:14
pulls out yet another photo. And
35:17
this one, again, includes both Katie and
35:19
Caitlin. And the
35:21
defense takes a closeup of this
35:23
photo. It shows Katie and Caitlin
35:25
in bathing suits with Caitlin's arm
35:27
around her and Caitlin drinking a beer. What it
35:29
looks like is, again, probably a bigger group photo
35:32
and they focus in on the fact that they're
35:34
next to each other. Probably
35:36
it's some gathering
35:38
party event, whatever. Bathing suits,
35:41
beers, hanging out. This
35:43
was not, it did not have any gacha
35:45
moments for me, where it was so clear
35:47
that they were the, call
35:49
me if you have to bury a body sort of situation.
35:51
They were clearly in the same group of friends, acquaintances,
35:54
all things that Katie actually testified to.
35:57
So after this wah deer, and this is what it's
35:59
called, when. Katie's being questioned outside of the presence
36:01
of the jury. The judge sustains
36:03
the prosecution's objection to these photographs
36:06
since they were not shown to
36:08
the prosecution ahead of time and
36:10
didn't really elicit value to
36:13
Katie's testimony. But
36:16
the judge does allow the defense to
36:18
ask questions about the relationship between Katie
36:20
and Caitlin, but can't show
36:22
these photos, it can't really delve too deeply
36:24
into it because we're kind of getting into
36:26
the realm of irrelevance. The
36:28
defense essentially asks questions about the
36:30
pictures without showing them, which really
36:33
skirts the line of the judge's
36:35
sustaining of the objection, but they do it. She
36:38
shouldn't have sustained the objection and she's
36:40
gonna allow those questions because it was
36:42
just weird to ask questions. Are
36:45
you aware there's a photograph of you in a bathing
36:47
suit with your arm around it? It's like, why do
36:49
we do it? Anyway. I
36:51
agree, I mean, it's confusing. We know what's going
36:54
on, but the jury doesn't. And
36:56
essentially by asking those questions and everyone's
36:58
thinking, well, is there a photo? I
37:00
guess there is a photo. And the whole point was, you
37:02
don't get to show the photos. But
37:05
anyway, on redirect, the prosecution notes
37:07
that the civil service, remember
37:10
Katie, is in the civil
37:12
service here. Like many towns,
37:15
they give you like extra credit for serving
37:17
in your own hometown, right? You don't wanna
37:19
brain drain or what it's called when people
37:21
leave their town. They wanna draw people back
37:23
to their hometown where they're invested and raise
37:25
their families back in their hometown. And
37:28
so the fact that Katie is from
37:30
this town comes back, gets extra credit,
37:32
you know, in her civil service for
37:34
serving here, it is not surprising that
37:36
she knows or is acquainted with people
37:40
who she responds to on her calls in her
37:42
job. And let me just say, I thought they're
37:45
going to be parts of this conspiracy, the
37:47
defense does a pretty good job with. I
37:49
thought this was a mistake because
37:51
to me at
37:53
least, this whole series
37:56
of questions made me doubt
37:58
the conspiracy. from the very beginning
38:01
because there was no, she
38:04
went to high school with the girl at the last time
38:06
they were together. Was it somebody's baby shower four years ago?
38:09
Is she really based on that the
38:12
next day going to tell police that
38:15
this woman who,
38:17
who she doesn't know said
38:19
that she hit a man who died to
38:21
protect someone from her high
38:23
school? Is she really going to do that?
38:26
Is that really believable? You
38:28
know, the defense spent so much time on,
38:31
because basically she said, well, I think we're more
38:33
of acquaintances than friends, we're not close friends. And
38:36
the defense just kept hammering on this. It's like, guys,
38:40
you, this is all you've got is some photos of her
38:42
and a bunch of friends at the beach drinking beers. That's
38:45
all you get from when they were like high school.
38:48
And you could explain what
38:51
Karen Reed is saying, just
38:53
accept that she said that, and she's hysterical.
38:56
He's dead. She doesn't know what happened. She's the
38:58
only thing she can imagine is that somehow when
39:00
she dropped him off the day before she hit
39:02
him and now she's, she's crushed by guilt. And
39:05
only later did she realize that no, in fact,
39:08
the Alberts did this. They're
39:10
the ones responsible, not her. But
39:12
you could have just done that and you could
39:14
have explained this away, but instead you try and
39:17
wrap this into the conspiracy. And so what you're
39:19
doing is you're expanding this conspiracy. Like
39:21
this conspiracy at its broadest point is
39:23
huge. Cause this would
39:25
mean you've got the Canton firefighters
39:27
here involved as well through Katie
39:29
McLaughlin, who has influenced other members
39:32
of the firefighting group to
39:35
agree with her, to repeat this
39:37
testimony, to perjure themselves and say
39:39
that they heard Karen Reed say
39:41
this, or she's subtly manipulated their
39:43
minds until they believe this happened.
39:46
And that is of all the things they're
39:48
going to say, the least believable part of
39:50
the conspiracy. And by having that weak link
39:52
in the conspiracy that I don't even think
39:54
you need, it undermines a
39:56
lot of your future, much better evidence
39:59
of a conspiracy. So that brings us to
40:01
Greg Woodbury. He is also a member
40:03
of the Canton Fire Department. He
40:06
says that the police were there when they arrived.
40:09
John was laying on his back in the snow.
40:11
In fact, he was covered with snow, as
40:13
was the area around him. CPR had been
40:15
begun, but John had no breathing
40:18
and no pulse. They put John in
40:20
the ambulance and after McLaughlin entered the
40:22
ambulance and told them someone said she
40:24
had hit him. Hugely
40:27
important, right? Because now you've got
40:29
Greg Woodbury right after you've
40:31
got the defense accusing them all of being
40:33
involved in this conspiracy of
40:35
saying, of essentially, and remember the
40:37
rule has been invoked, so he's
40:39
not supposed to be in there when Katie is testifying. He's not
40:41
supposed to know what she said. He
40:43
is now confirming that immediately after seeing
40:46
Karen and hearing this, Katie said this
40:48
to them, not even the next day,
40:51
immediately, which means either
40:53
the conspiracy got going really
40:55
fast and Katie somehow was
40:58
wrapped up in that conspiracy very quickly
41:00
or that's just
41:03
what she heard her say. Either
41:06
way, so he says that later
41:08
that day, Woodbury would be called back to
41:10
Fairview Road to conduct something called
41:12
a Section 12, which is
41:15
what they call it in Massachusetts when someone appears
41:17
to be suffering from a psychological issue. There's going
41:20
to be a lot of testimony about this and
41:22
about whether or not Karen Reed
41:24
was exhibiting sort of maybe potentially
41:26
suicidal tendencies, which once again, doesn't really tell you
41:28
a whole lot about whether she did it or
41:30
didn't do it, but is a fact of this
41:32
case. Reed did
41:34
not want to go to the hospital at that time,
41:36
but she kept repeating, is he dead? Is
41:38
he dead? Another paramedic
41:40
firefighter for Canton testifies and
41:43
it's Daniel Whitley. He
41:46
testifies that he nearly slid off the road
41:49
going to the Section 12 call that he
41:52
worked on with Woodbury and he did so
41:54
because it was snowing so badly, as we've
41:56
already seen in the dash cams and a
41:58
lot of people, everyone. is going to talk
42:00
about how bad the weather was. Now,
42:03
he testifies that Karen talked about not
42:06
wanting to live anymore. It makes sense that
42:08
this is part of his testimony because Whitley
42:10
is there specifically for the Section 12 to
42:12
help out, to see if there's a psych
42:14
issue going on, if Karen Reed needs to
42:16
be held for any sort of mental
42:19
issue. So
42:21
Karen talks about not wanting to live anymore
42:23
if her husband dies. That's
42:26
what Whitley testifies to, which honestly
42:29
they thought didn't really rise to the level
42:31
of Section 12, but was
42:33
actually part of the normal grieving process,
42:35
the shock of seeing someone that
42:38
you love or in a relationship with dead
42:40
in front of you. And
42:43
also kind of confirming what Woodbury said,
42:45
Whitley says that Karen kept asking if
42:48
John was alive or dead. And
42:51
also went on to ask how long someone
42:53
could live in the snow. That's
42:56
important because if the
42:58
prosecution's theory is that Karen hid him hours
43:00
earlier than how long he's in the snow
43:02
is relevant and it shows kind of that
43:04
intent of knowing that she actually hid him
43:07
back then and that he was in the snow
43:09
for many hours. And
43:11
Whitley would also testify that Karen kept going
43:14
from crying to all of a sudden being
43:16
perky, like perking up being okay than crying,
43:18
which honestly is probably also part of the
43:20
grieving process, part of the shock. And
43:23
he testifies that Karen is crying about having
43:25
to take care of kids and that she couldn't
43:27
do it alone. It was too much. And
43:31
he said that she did have a good
43:33
support system and she
43:35
asked if he knew Carrie
43:37
Roberts. Now Whitley responded yes
43:40
and just said that Carrie Roberts was
43:42
nice. And she said,
43:44
anyone who knew Carrie Roberts wouldn't say
43:46
that, which is kind of a strange
43:48
thing to say at that time. And
43:51
Whitley testified that it
43:54
kind of shocked him that at this moment with
43:56
John O'Keefe, you know, lying lifeless in front
43:58
of him, she raised him. So then Jason Becker
44:00
testifies he went with Whitley to the Section 12, which
44:03
by the way, it was her dad who called him
44:05
the concerns about Karen that led to the Section 12
44:07
in the first place. The
44:12
main point of this court is that the court is not going to be able
44:14
to do anything about it. The
44:16
main point of this witness was that Reed was upset that the
44:18
last interaction she had with John was that she got
44:20
into an argument with him. She
44:28
also at one point asked if she could
44:30
have hit him, which is different from I did hit
44:32
him, could I have hit him? And it's something the
44:35
defense tries to focus on as maybe what she
44:38
said to everyone. There was
44:40
an unusual back and forth with the defense about
44:42
whether Becker initially said that Reed had denied taking
44:44
drugs or alcohol, but then admitted to drinking alcohol.
44:48
I didn't really understand why this
44:50
was particularly helpful for the defense to bring
44:52
this out. Because Becker didn't really seem like
44:54
a guy who's trying to hurt Karen and
44:56
getting more testimony about her drinking isn't necessarily
44:58
a good thing. By
45:02
this point, you can sort of see the
45:04
development of the prosecution's story here. So
45:08
you have Karen. She's driving her car to
45:10
the defense. She's driving her car to the defense. And
45:13
then she's trying to get a little bit of a sense of
45:15
what happened. You can sort of see
45:17
the development of the prosecution's story here. So you
45:19
have Karen. She's
45:22
driving John over to this house. They
45:25
get into some sort of argument. She
45:28
hits him with a vehicle and
45:30
leaves. Then at some
45:32
point later, she comes back. She realizes he's dead.
45:35
She's overcome with grief
45:38
and guilt, and she starts telling everybody she
45:40
can talk to. I hit him. I hit
45:42
him. That's the theory. The prosecution is starting
45:44
to build here. And they've managed to do
45:46
it with various different people, most of whom
45:49
aren't really related to the
45:51
supposed conspirators at all, with the
45:53
exception of Katie McLaughlin, whose
45:55
story is corroborated by other people
45:57
who are not. You wouldn't think.
46:00
would be part of this conspiracy, but given
46:03
how broadly you think this
46:05
conspiracy guys maybe are in order
46:07
to help Katie and to protect
46:09
her, they're willing to lie about
46:12
Karen. I will say this, if
46:15
this turns out to be a conspiracy, get yourself
46:17
some friends like the people in Canton have, because
46:19
they have apparently built like a tight knit
46:22
community that will
46:24
defend each other against outsiders, even
46:27
when the connections between them are
46:29
relatively limited, if
46:32
you buy the sort of full scale conspiracy.
46:35
As I've said before, I thought this was a really weak part
46:37
in the defense and they should have kind of let this go.
46:40
So next, Paul Gallagher testifies he's from
46:42
the Canton police department and he's a
46:44
lieutenant. He arrived shortly after
46:46
7am and even though that's the morning,
46:48
it's still very dark and very windy,
46:51
still part of this snowstorm that's happening.
46:53
At this point, John has been taken
46:55
away. He's not on the scene anymore.
46:58
He testifies that it's snowing heavily, at
47:01
least four inches of snow, making it
47:03
a unique and difficult scene to process.
47:06
He testified that there were light pink
47:08
spots in the snow, which they thought
47:10
might be blood and they wanted to process
47:12
the scene, but they never had to do
47:14
it with so much snow. So
47:16
to try and kind of deal with all the
47:18
snow that was already on the ground and collecting,
47:21
they get a leaf blower to remove some of
47:23
the snow, which is kind of
47:25
difficult because that's probably going to blow away some evidence too. Look,
47:28
I've been in Nor'easters and I don't
47:30
know, however you can get rid of that snow, I get it. And
47:33
look, I mean, this is a point some people have
47:35
raised, like, you could have damaged
47:37
the scene or whatever. And I feel like
47:39
sometimes I think we all know what the
47:41
CSI effect is, but we still fall into
47:43
it. This is the real
47:45
world. And in the real world, when you're
47:47
trying to collect evidence in the middle of
47:50
a blizzard, some things
47:52
are going to have to be done that you would prefer not to
47:54
do. You're going to have to
47:56
do some things that may lose you some
47:58
evidence, may contaminate some evidence to try and
48:00
get whatever you can and save the scene.
48:02
This is awful. The wind
48:04
is howling. The snow is
48:07
coming down. They got
48:09
this blood in the snow. When they think it's blood in the
48:11
snow, at some point, snow is
48:13
going to melt and then that's going to be gone and
48:16
they want to see what's underneath the snow. Like
48:19
a knife or a gun or maybe someone's
48:21
wallet that he was on. You know, I
48:23
mean, you don't know what it is. Dig?
48:25
Would that be better? They get out shovels
48:27
and started digging through the snow? Would that
48:30
be less contaminant? Have you ever? I think I've
48:32
told the story before, but it's worth telling
48:34
here. My very first snowstorm in Connecticut, I
48:37
didn't know you had to dig out your car
48:39
while the snow was still falling because it's a
48:42
lot of work. So I waited to the next
48:44
morning and it was 10
48:47
hours later, not that long. And
48:49
my car was completely covered. It was like this type
48:51
of snow, right? When I looked outside, there were at
48:53
least four inches of snow already. And I was like,
48:55
I'll just get it in the morning. It's dark
48:58
outside. I don't want to go outside and
49:00
below, you know, in the teens and shovel. In
49:03
the morning, my car was completely covered up
49:05
to the windshield, like halfway up the windshield
49:07
with snow. And it had frozen overnight. And
49:10
my car was frozen for the rest of winter.
49:12
I didn't get access to my car for three
49:14
and a half months. That may
49:16
happen here, right? This is a nor'easter.
49:18
If they waited, it could freeze or,
49:21
you know, it could melt later. There's actually so much
49:23
that could happen. And so there are kind of extreme
49:25
measures and you're thinking on the spot, what can we do?
49:27
We have a man who is at the
49:30
hospital, might be dead, but we're trying to
49:32
process the scene in the midst of this
49:34
storm. Yeah. I mean, if you want to
49:36
criticize this, feel free. But the man in
49:38
the arena was having to come up with
49:40
something pretty quickly to try and get whatever
49:42
he could out of this scene where
49:45
a cop's just been found dead. And
49:47
frankly, I just don't have
49:49
a lot of time for people who want to
49:51
criticize stuff like this when these officers are doing
49:54
the best they can. There's no reason to think
49:57
Paul Gallagher showed up, decided I'm going to ruin
49:59
this scene. Save whoever actually killed John
50:01
O'Keefe. I think he's just doing the best he can. And
50:03
like I said, if you want to criticize it, if you
50:05
can come up with a better way to do it right
50:07
now, sitting in your warm home. Okay.
50:09
Good for you. Maybe you should send that to
50:12
every police department in the Northeast. So they'll have
50:14
that information. And here's the
50:16
thing. Gallagher addresses this. He said that it's
50:19
not like he just was like, let's
50:21
get a leaf blower and blow away all
50:23
the evidence. He's saying, I'd actually seen someone
50:25
use this tactic before in processing a scene
50:28
when there was a lot of snow. So it's
50:30
7 a.m. We're trying to figure out what to do. I
50:32
saw someone do this before. So I grabbed a leaf blower. Makes
50:35
sense, right? It's not something he made up on
50:37
the spot. He'd seen it done before. In any
50:40
event, it happened. Right? It
50:42
did happen. And that's part of what you have
50:45
to deal with. And the
50:47
police took pictures of footprints in the snow
50:49
and what they thought might be blood. But
50:52
at this point, the winds were so high,
50:54
they couldn't put up a tent to kind
50:56
of preserve the crime scene. And
50:59
the situation was extremely difficult. Honestly, this makes
51:02
me think of like Dyatlov Pass where they
51:04
couldn't get their tent put up because the
51:06
wind was so strong. Similar
51:08
here, right? This is not a
51:11
controlled environment whatsoever. So then a
51:13
video was played with Gallagher, Sergeant
51:15
Lang and Sergeant Good assisting him.
51:19
In this video, you see them remove the snow
51:21
layer by layer with the leaf blower. They're essentially
51:23
trying, they're not just like blasting it. They're
51:25
trying to kind of go through each layer because
51:27
as the snow falls, evidence may be,
51:30
you know, kind of in between the snow. You're
51:32
trying to see if each layer has something that
51:34
is worth getting. That's what they're trying to do.
51:36
And let me just say this, if you haven't
51:38
seen this, watch it. Because actually, it was
51:41
really effective. When
51:43
they did it, it was kind of like amazing because
51:45
you start to see the blood come out more and
51:48
more. I don't know. I expected
51:50
it to be a lot more
51:52
chaotic. Exactly. You know what I mean? I
51:54
thought it was going to be like, like when my
51:56
kids take the leaf blower and like things
51:58
go everywhere. Rather, it's kind of like. Like,
52:00
essentially trying to dust. If you had like
52:03
a broom and you're dusting each layer because
52:05
that's exactly what happens in a snowfall, right?
52:07
Things are covered up and it's quite literally
52:09
layering on top of each other. So trying
52:11
to remove layer and layer of snow to
52:13
see what's underneath and they do uncover things.
52:16
And what you see in this
52:18
video is they expose pieces of
52:20
broken cocktail glass and the light
52:22
pink spots begin to turn dark
52:25
red as they remove the upper
52:27
layers of snow. So I mean,
52:29
I thought this was really interesting
52:31
because it undercuts a lot
52:33
of people's arguments that the leaf blower was
52:35
a terrible idea. I'm not exactly
52:37
sure with a shovel how you'd be able to
52:39
do the same level of
52:41
uncovering this evidence. So
52:44
that's all they saw at that point
52:46
where the light pink spots turning dark
52:49
red and the glass and the cocktail
52:51
glass broken pieces. But the scene continues
52:53
to deteriorate and it's obviously an unusual
52:55
scene. The officers asked a neighbor for
52:58
some red solo cups. Red
53:00
solo cups are going to be like
53:02
the icon picture, whatever you want to
53:04
call it of this case,
53:07
right? Because they want
53:09
to put the apparent blood samples in these
53:11
cups, like to scoop it up and preserve
53:13
it because they are again, kind
53:15
of in this unwieldy situation. So
53:18
they do that and they bag and
53:20
seal these red solo cups with apparent
53:22
blood samples in them. The
53:24
defense would make hay of this,
53:26
noting these were the same kind
53:28
of cups you would use to
53:31
drink beer at a barbecue in,
53:33
basically saying like how unprofessional this
53:35
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53:37
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but you've got a grand total of... one.
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Drawing board or Miro board? Drawing board, right?
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now or later. And with privacy mode we
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bigairusa.com/Columbus for details. Gallagher
56:19
acknowledged that this was unusual, but
56:21
stated that nothing at the scene was standard.
56:23
The defense would then go on to show
56:26
photographs taken by police of the Solo Cups
56:28
in the Sally Port, where the vehicle
56:31
was also being kept. The
56:33
defense suggests that this could have
56:36
led to inadvertent cross-contamination or intentionally
56:38
putting blood on the vehicle, though
56:40
you have to wonder why you'd
56:42
do that and then document it with police photographs. Like,
56:45
if you were trying to contaminate your evidence, you try
56:47
to do that in secret and not do
56:49
it as part of your police evidence. So
56:52
they did the best they could with the leaf blower
56:54
and the Solo Red Cups, but the defense, obviously
56:56
in their cross-examination, is trying to show that this
56:58
is all unusual,
57:01
making fun of the police. And this is
57:04
kind of strange because the whole Red Solo
57:06
Cup is less towards the conspiracy and more
57:08
towards how incompetent the police are, but they're
57:10
so incompetent that they're able to pull off
57:12
a very complex conspiracy. Right.
57:15
I guess they should ask the neighbor for Tupperware,
57:18
something they could like plop the
57:20
top on. I mean, look, if
57:22
I were in Canton or the Boston Police
57:24
Department, I probably would try and have some
57:26
sort of evidence collection tool that you could
57:29
use in a situation like this, where you
57:31
can collect snow, essentially, before it melts and
57:33
keep it. Yeah, they probably
57:36
should have had that. You know, I mean, the defense
57:38
is all like, did you go back and get flags?
57:40
And they're like, no, we didn't go back and get
57:42
flags. And it's one of those things where, criticize
57:45
it if you want, but I think it
57:47
was better than leaving it there to
57:49
melt, to me. And,
57:52
you know, maybe there's the, you're worried
57:55
about cross-contamination. I understand the sort of
57:57
intentional, like the idea that someone could
57:59
have... of going into the
58:01
Sally port and getting one of the cups,
58:03
got one of the cups of blood out and
58:06
dabbed it on her bumper to
58:08
try and show to, to, to
58:10
further the conspiracy, which is what, once again, I
58:12
mean, that's, that's the whole point of this,
58:14
right? Like we're not the ones
58:17
making this up. If you
58:19
hear that and you think that's ridiculous, I can't believe they would,
58:21
they would try and say that's what the defense is trying to
58:23
say. That is what the defense is trying to say is
58:26
that. That gave
58:28
the ability for someone to do that.
58:31
The cross-contamination is a little less problematic as
58:33
far as like, I mean, I'm not
58:35
exactly sure like the solo
58:38
cups might've had unknown DNA. It seems like
58:40
that actually would be better for Karen. Like
58:42
I can't imagine the situation in which you
58:44
got the solo cups from the
58:46
neighbors collected the blood and it ended up being
58:48
bad for Karen Reed. It's very unlikely that Karen
58:50
Reed, for instance, her DNA is going to be
58:53
in that cup, there might be all sorts of
58:55
random DNA in there. And then you test it
58:57
and you're like, man, got all these potential people
58:59
who maybe were involved with this and their DNA
59:01
is mixed with John's blood, right? Like it would
59:03
be bad if they went into Karen's car and
59:05
took a bunch of red solo cups in the
59:07
back of her car that she had thrown back
59:09
there to use to collect it. Right? Then
59:12
you could kind of understand they're like trying to plant her, you know,
59:15
DNA on it or something. Yeah.
59:17
And somebody in the chat says, well, maybe a local
59:19
pharmacy was open. It was the
59:22
middle of a blizzard at six o'clock in the
59:24
morning. Maybe it was, or maybe
59:26
it wasn't. I mean, Remember
59:28
the snow is still coming down. They, they could
59:30
very well lose that blood. And maybe they're thinking
59:32
is maybe this is contaminated, but maybe we'll be
59:34
able to save something like there could be nothing
59:36
left, but you have to make a decision at
59:39
that moment or you lose the opportunity altogether. We
59:41
see this in all the other cases, John Bonet,
59:43
whatever. They're like, why couldn't they have preserved more
59:45
DNA? Right? Who cares if it's contaminated? Like that
59:47
might be the one trend of evidence that could
59:49
break the case wide open if we have genetic
59:52
genealogy, whatever. Right? They're just thinking preserve
59:54
everything while we still can in the
59:56
midst of a blizzard, things might
59:58
melt. Things might fall. We may. literally lose
1:00:00
this like potential blood in
1:00:02
the middle of snow that was buried until
1:00:05
we snowblowed it or we
1:00:07
blew it. What is it? What's the
1:00:09
past tense of that? Yeah.
1:00:11
And look, it's one of those things where it's very easy
1:00:13
and it, and look, if I was
1:00:15
the defense attorney, I would be doing everything they did with this.
1:00:18
I would be like, so you're telling me
1:00:21
that this is the best evidence you've got. And
1:00:23
you got a snowblower blowing everything all over the
1:00:25
place. And then you go get some solo cups,
1:00:28
probably from the part of the head, the last night, probably
1:00:31
already still had beer in them and you're
1:00:33
scooping up blood and you think
1:00:35
that works for a police investigation. I mean, of course you're
1:00:37
going to say that it's so easy to do, but I
1:00:39
kind of feel like when you sit back and think about
1:00:41
it, like, well, I mean, okay. Not
1:00:44
great. And he, and the officer admitted that
1:00:46
this was not perfect. This is not what
1:00:48
you would do if you were
1:00:50
at the training room and they were training you on
1:00:52
how to secure a scene, but it is
1:00:54
what happened either way. And it
1:00:56
is something that the defense is going to
1:00:58
make hay up. So they take the blood samples to
1:01:01
the station. At this point, officer, like in Gallagher, they
1:01:03
returned to the scene. It's around 9am. Now
1:01:05
they go into the residence through a sliding
1:01:08
door. There were five
1:01:10
or six people there, including the Alberts. This
1:01:12
included Brian Albert, who was a
1:01:15
Boston police officer, as we've told
1:01:17
you before, he is, is someone
1:01:19
that Gallagher knew. He also knew
1:01:21
Brian Higgins, who was the ATF
1:01:23
agent, but he didn't recall him
1:01:25
being there at that time. So
1:01:27
they also talked about the search
1:01:29
warrant and the removal of the
1:01:31
rear tail light of Karen's Lexus.
1:01:33
This occurred around 9.50 that morning.
1:01:37
There's video of this from the Sallie port where the
1:01:39
vehicle was taken. The SUV got
1:01:41
there on January 20, not and stayed there
1:01:43
until February 1st. And the
1:01:45
state police arrived to process it across
1:01:48
examination. In addition to the solo cups and
1:01:51
general complaints about how the investigation was
1:01:53
conducted, which you can expect the
1:01:55
defense noted that Gallagher didn't take any
1:01:58
notes was never interviewed by. lead
1:02:00
investigator or anyone else until April 3rd,
1:02:02
2024. I also noted that Officer Laink,
1:02:06
who took the initial statements from the Alberts,
1:02:08
was friendly with the family. Gallagher
1:02:12
was also asked about getting a search warrant
1:02:14
for the home, which he did not do.
1:02:16
Gallagher said there was no probable cause for
1:02:18
such a warrant and the decision had nothing
1:02:20
to do with Albert being a Boston police
1:02:22
officer. After Gallagher returned to
1:02:24
the station that day, he had a
1:02:26
discussion with the chief about limiting local
1:02:29
officers involvement in the investigation. Since this
1:02:31
was a Boston police officer dead on
1:02:33
another Boston police officer's lawn, and Brian
1:02:35
Albert's brother Kevin was a detective with
1:02:37
the Canton police, this is eventually going
1:02:39
to lead to the state police taking
1:02:41
over this case. Though, as we talked
1:02:43
about earlier, that is not going
1:02:45
to end the problems with the police
1:02:48
investigation. In fact, may make them
1:02:51
worse. The state police investigation is
1:02:54
going to end up being a pretty big problem for
1:02:56
the prosecution, as we'll get to later
1:02:58
on. So next on the sand is Sean Good,
1:03:01
another Canton police sergeant who was
1:03:03
on the scene that day. He
1:03:06
testifies that Kerry Roberts had actually
1:03:08
called in around 5 a.m. that
1:03:10
morning asking if the police had
1:03:12
locked up anyone matching John's description
1:03:15
since his girlfriend was worried about
1:03:17
him. When Good arrived at the
1:03:19
scene, he testified that it was
1:03:21
snowing terribly, something we keep hearing
1:03:24
from everyone, and is absolutely the
1:03:26
case. And he
1:03:28
said that Karen was running around
1:03:30
yelling, is he dead? After
1:03:33
leaving the scene, Karen's
1:03:35
father called and told police he was
1:03:37
afraid that his daughter Karen wanted to
1:03:40
end her life, hence setting up the
1:03:42
section 12 hold. Now
1:03:44
on cross-examination, the defense continue to
1:03:46
press the fact that everyone in
1:03:48
this case knows each other. They
1:03:52
kind of dig into the fact that Good
1:03:54
went to high school with the sister of
1:03:56
state trooper Michael Proctor, who is the
1:03:58
lead in front of the state. investigator and
1:04:02
problematic, as we will know later on
1:04:04
based on his many text messages about
1:04:06
Karen Reed. And
1:04:08
he's also the sister and also
1:04:11
is close to the sister-in-law of
1:04:13
Chris Albert, who was the brother
1:04:15
of Brian Albert, the house where
1:04:18
John O'Keefe was found outside of. And
1:04:20
of course, they also dig into
1:04:23
the fact that Good worked with Kevin
1:04:25
Albert. Now Good did not
1:04:27
hear Karen say that she hit
1:04:29
John. Remember, all he testified to
1:04:31
was that she kept saying, is
1:04:33
he dead? Officer
1:04:36
Good was asked about his report and the
1:04:38
fact that a photo was later added to
1:04:40
the report that was not at the time
1:04:42
of the writing of the report. Good
1:04:45
says that's really not unusual and it's not
1:04:47
unusual. You try to write these reports because
1:04:50
you have lots of reports to write. And
1:04:53
if you process your photos after the fact, think
1:04:55
about your own photos, actually. I
1:04:57
take lots of photos and it takes me
1:04:59
a long time to go process it. We're
1:05:01
organizing your files. You may add it to
1:05:03
the report and that's what happened here. But
1:05:05
the defense again is trying to basically have
1:05:08
Good be part of the conspiracy and adding
1:05:11
things that would frame Karen after
1:05:13
the fact. And this picture is
1:05:15
part of their narrative. Good
1:05:19
is also asked on cross-examination about
1:05:21
a time when Brian Albert's brother
1:05:23
was charged with a hit and
1:05:25
run. This was back in 2009
1:05:28
and after the finding the relevant vehicle
1:05:30
at the very same house,
1:05:33
34 Fairview. This
1:05:35
case was subsequently dismissed. And
1:05:38
when the defense asked the question about
1:05:40
the dismissal, the Commonwealth
1:05:42
objected and this objection was
1:05:44
sustained. So one wonders
1:05:46
how evidence that the police put together a
1:05:49
case against one of the Alberts that was
1:05:51
subsequently dismissed by prosecutors actually
1:05:53
helps read to establish a
1:05:55
police conspiracy here. So
1:05:58
I think we were kind of going down a tangent. here
1:06:01
and but it's not even clear how
1:06:03
this testimony if allowed by the judge
1:06:05
would have helped the narrative that
1:06:08
Karen was framed. Yeah
1:06:11
and there's a couple things about good
1:06:13
testimony that once again if
1:06:16
he's if he's in on the conspiracy you think he would say
1:06:18
that he heard her say that that
1:06:21
she hit him you would think that he would say that
1:06:24
but you don't have that and then you do have
1:06:27
this whole this whole series of questions about
1:06:29
a time that the police put together a
1:06:31
case. The police are not the ones who
1:06:34
dismiss something that's a prosecutor
1:06:36
can be done for any number of
1:06:38
reasons lots
1:06:40
of different reasons and I just go ahead and
1:06:42
tell you for whatever reason in state prosecutions most
1:06:46
of them never never go to trial
1:06:48
even after they're indicted they
1:06:50
go away for whatever reason maybe some prosecutor was
1:06:52
doing this guy a favor because he's cop or
1:06:54
because he's friends with cops no idea but
1:06:57
the police put the case together they didn't bury it
1:06:59
they didn't cover it up they didn't create a conspiracy
1:07:01
about how really was the other guy's fault like
1:07:03
they followed the evidence and they put together
1:07:05
a case and one of the
1:07:08
Albers I think that says something you know
1:07:10
I mean it's a relatively
1:07:12
matter point. I'll say that much yeah
1:07:14
right exactly they didn't they
1:07:16
did not bury it in
1:07:18
a case that would be much easier to bury than
1:07:20
one where a dead guy's on the lawn. And
1:07:23
they looked for the car you would think if the
1:07:26
conspiracy was to let him off you wouldn't even go
1:07:28
look for the car you'd be like hitting runs are
1:07:30
hard man never found the car like they actually found
1:07:32
the car there may be evidence for
1:07:34
it not for it who knows maybe
1:07:36
there was some pretrial deal we've talked about pretrial
1:07:39
deals where if you've not had any other criminal
1:07:41
records before you're kind of like on probation but
1:07:43
then it's especially like expunged it's dismissed there's no
1:07:45
actual real charges if you keep your nose clean
1:07:48
for a certain amount of time I
1:07:50
don't know if that happened here or not but I
1:07:52
would think the conspiracy argument is
1:07:54
stronger if they never went and found the
1:07:56
car but like everyone in the neighborhood knew
1:07:58
that the car was clearly damaged was sitting
1:08:00
at 34 Fairview. No, the police actually went
1:08:02
to go find it. They found it and
1:08:05
they documented it. Yeah, if
1:08:07
a cop had found that car and
1:08:10
you know pulled a ad non-Sayed and
1:08:12
moved it somewhere and dumped it and
1:08:15
then had somebody else lead them to the car
1:08:17
and be like, well, who knows who this is? That
1:08:20
would be pretty powerful. If the defense could show that that
1:08:22
happened, then you'd be like, okay, they've done this before. They
1:08:25
have protected these people before
1:08:28
and now they're doing it again, but that's not what
1:08:30
you see here. So I don't know take
1:08:32
of it what you will and that's all
1:08:34
you can do and that's all the jury can do. Okay,
1:08:37
so next time we're going to
1:08:39
get into Michael Link who was
1:08:41
sort of the most involved
1:08:43
officer in the
1:08:46
investigation. We talked about several officers up to this
1:08:48
point, but he's he's going to be important and
1:08:50
he's gonna talk a lot about his connections to
1:08:52
the Alberts and various things that
1:08:54
happened during the investigation as well as
1:08:56
why we've mentioned this a little bit
1:08:58
with Gallagher, but we're gonna talk some
1:09:00
about search warrants probable cause that kind
1:09:02
of thing in the next episode and
1:09:04
then we're going to start moving into
1:09:07
the people who knew John and were
1:09:09
there the night this happened. We're gonna
1:09:12
get into all those people who ended
1:09:15
up back at the
1:09:17
Albert household, the McCabe's, the
1:09:20
Albert's, the Albert's friends, John,
1:09:23
well, depending on who you believe. All
1:09:26
those folks and what happened that night and really
1:09:28
start to get into this story of how
1:09:32
John ended up in the snow. So basically
1:09:34
if you're thinking about the prosecution's case, they
1:09:37
did their sort of timeline thing where they talked
1:09:39
about the finding of the body and everybody who
1:09:41
was involved in that and the police officers who
1:09:43
were involved in that. Now we're gonna take a
1:09:45
step back. I'm gonna go back 24 hours and
1:09:47
we're gonna start talking about what led up to
1:09:50
the finding of the body and we're gonna hear from
1:09:52
a lot of people who if the defense theory is
1:09:54
correct are either murderers or
1:09:56
accessories to murder a lot
1:09:58
of them pretty much everyone. of them had
1:10:01
to either know what happened or
1:10:03
be directly involved in what happened.
1:10:06
And we'll have fun discussing that with you, though I
1:10:08
will say, as always, if you get
1:10:10
the opportunity to listen to these folks' testimony,
1:10:12
do it. I think so
1:10:15
much, I mean, one reason we have trials the way we do, we
1:10:17
don't rely on written records or, you
1:10:20
know, depositions or affidavits is because
1:10:23
seeing the person talk, listening to what
1:10:25
they say, seeing how they respond to
1:10:27
questions is so important because
1:10:29
people do lie and
1:10:32
you want to know, is this person lying to me or not? Particularly
1:10:35
if you think that person might be involved in the crime.
1:10:37
So watching yourself judge
1:10:39
the credibility for yourself will give you our opinions,
1:10:41
but they're just our opinions and that's all they
1:10:43
are. Okay. I know you
1:10:45
guys already have thoughts about this case. Shoot
1:10:47
us an email, prosecutorspod@gmail.com at prosecutorspod for all
1:10:50
your social media, though at this point I'm
1:10:52
boycotting this case on social media. So
1:10:54
maybe if you reach out there, you won't
1:10:56
hear anything. Thanks to everyone who joined us
1:10:58
again for this case on
1:11:02
our Patreon page. This
1:11:04
is like the third episode of this we recorded this week. We
1:11:06
recorded a bunch this week. We've recorded a
1:11:08
lot. We're trying to get ahead. Yeah. So
1:11:11
we appreciate you guys spending all this time talking
1:11:14
to us and hanging out with us. If you
1:11:16
want to be a part of these live recordings,
1:11:18
join our Patreon and hello to all of those
1:11:20
of you watching this video on YouTube.
1:11:22
Well, Alice, before we sign off for
1:11:25
tonight, I'm tired, so I think we're going to skip questions for
1:11:27
tonight. But before we sign off for tonight, do
1:11:29
you have anything else to say? No,
1:11:31
I think everything you said about being able
1:11:34
to watch it yourself is just important. You
1:11:36
don't have to watch all hundreds of hours of the
1:11:38
trial, but I think it's important,
1:11:40
especially on some of these key cross
1:11:42
examinations where the cross examination is trying
1:11:45
to point to involvement in a conspiracy,
1:11:48
is to see how these kind of
1:11:50
confrontational questions and implications. These are big
1:11:52
implications to put on someone that they're
1:11:55
part of a criminal conspiracy, how
1:11:57
they respond to it, if they get emotional,
1:11:59
if they get... defensive and judge
1:12:03
for yourself what you think is happening. And
1:12:05
also think if you think something is inconsistent
1:12:07
in your mind, like we talked about earlier,
1:12:09
where the police is so incompetent, they're using
1:12:11
solo cops to
1:12:14
being able to organize a multi-agency,
1:12:16
multi, multi dozens of people conspiracy
1:12:18
in order to cover up the
1:12:20
death of a fellow police officer.
1:12:22
Not say it can't happen, but
1:12:24
when there are those inconsistencies, don't
1:12:27
suspend reality. The whole point is
1:12:29
to take your experience
1:12:31
and decide whether this is a
1:12:33
believable real life situation. And if
1:12:35
you have doubts about it, ask
1:12:38
questions and you're going to
1:12:40
maybe ping pong back and forth between witnesses.
1:12:43
But think about what it takes to
1:12:45
be able to get multiple people's story straight.
1:12:47
We covered Robert Wong's story where we concluded
1:12:49
that there were three people in that
1:12:51
house who probably got their story straight when
1:12:54
they spoke to the police and
1:12:56
how difficult it is to keep a secret among
1:12:58
three people. We're not talking about a secret
1:13:00
among three people. We're talking about a pretty complex
1:13:02
coverup that took place almost immediately as soon as
1:13:04
the body was found at 6.30 AM. And
1:13:09
all of these people are having to testify
1:13:11
without the benefit of having seen their other
1:13:14
alleged co-conspirators testify
1:13:17
and how disjointed you
1:13:19
may think that type of conspiracy
1:13:22
testimony would be among dozens of people. And
1:13:24
if you see that, and
1:13:26
if not, how did they pull it off? How
1:13:28
did they pull it off by basically 6.45 AM
1:13:31
among multiple people who were not even on the scene
1:13:33
yet? And I think, you
1:13:35
know, just one other thing on this because I
1:13:39
feel like a lot of people feel
1:13:42
weird about this case and you have an unusual feeling
1:13:44
about this case and we often say, follow your gut.
1:13:46
So if you have an unusual feeling about this case,
1:13:48
don't just ignore that. Think about
1:13:50
why you do, but also think about this. One
1:13:53
problem whenever you have the defense
1:13:55
trying to make out the conspiracy.
1:13:57
We charge conspiracy. It's a crime.
1:14:00
And when we do it, we have
1:14:02
to lay out exactly how the
1:14:04
conspiracy happened, exactly who the participants
1:14:06
were, what the things they did
1:14:10
as part of that conspiracy are, what their
1:14:12
overarching plan was, when they came to an
1:14:14
agreement. We have to prove all that. The
1:14:17
defense is offering a conspiracy. They
1:14:19
don't have to prove anything. They're
1:14:21
just offering sort of the possibility. They're getting
1:14:24
your mind going, imagining like how this could
1:14:26
have gone down with a conspiracy. The thing
1:14:28
I think probably is good to do, particularly
1:14:30
in a case like this, as we said
1:14:32
earlier, the defenses, because they're
1:14:34
doing that, they really are painting a
1:14:37
pretty broad picture here. You
1:14:39
know, they got Katie McLaughlin involved in the conspiracy,
1:14:41
or at least they're offering you the potential that
1:14:43
she is. Sit
1:14:45
down with the evidence and think
1:14:47
about what is the
1:14:49
smallest the conspiracy could
1:14:52
be for it to work. What
1:14:55
are the fewest amount of people possible
1:14:57
for this conspiracy to work? Think about all
1:14:59
the different angles and what the conspiracy has
1:15:02
to do and what it has to explain
1:15:05
for this to work. I think that's a pretty
1:15:07
valuable exercise. If you can get the number down
1:15:09
pretty small, then it's more
1:15:11
likely. Like if you can get it down to one
1:15:13
or two or three people, even
1:15:16
maybe a little bit more than that, then I think
1:15:18
it becomes more and more likely. The smaller you can
1:15:20
get the conspiracy, the better. If it has
1:15:22
to be a big one, if it has to involve
1:15:24
10, 12, 20 people
1:15:26
from all these different agencies, that
1:15:29
is hard to buy. As
1:15:32
we've said before, extraordinary claims need extraordinary evidence.
1:15:34
You're going to need a lot more evidence
1:15:36
than just the police are corrupt and incompetent,
1:15:38
which they may very well be. One
1:15:42
thing about this case is if you live
1:15:44
in Massachusetts, you've lived through a lot of
1:15:46
police corruption and incompetence lately. You
1:15:48
are primed to believe that that could have
1:15:50
happened in this case. I totally get that.
1:15:53
The smaller you can get that conspiracy, the better. Think
1:15:56
about that. I would be interested to hear if you
1:15:58
guys out there have done that. Send
1:16:00
me your best
1:16:03
story of how this went down with
1:16:06
the conspiracy and who's involved. I'll
1:16:08
be happy to share it later on when we get
1:16:10
into theories. One question that just kept coming
1:16:12
to my mind from the very beginning, see if you can
1:16:14
... Maybe you guys have a great answer for this, but
1:16:17
if all of these people, even if you can
1:16:19
get it down to a small, small group to
1:16:21
carry out this pretty complex conspiracy, and I say
1:16:23
complex because it's going to involve at least more
1:16:25
than one agency and at least more than only
1:16:28
members, right? Why
1:16:30
they would place the body in
1:16:33
the yard of a police
1:16:35
officer. You
1:16:37
get to plan your conspiracy from the beginning. There
1:16:40
are lots of dump sites in general, and
1:16:42
it makes it really difficult to run
1:16:45
away from involvement in something when it's
1:16:47
pretty close to your house. I
1:16:50
mean, if they just dumped him five more feet to
1:16:52
the left, he'd have been in somebody else's yard. I
1:16:54
mean, he was literally right on the property line. Or
1:16:56
across the street. Right. The
1:16:58
thing about the conspiracy is you get to plan the parts
1:17:00
of it, including where the body ends
1:17:03
up. Why
1:17:05
did these conspirators who investigate crimes and
1:17:07
are part of, this is what they
1:17:10
do is investigate crimes, why would they
1:17:12
choose this to be the dump spot?
1:17:15
This has befuddled me in the conspiracy
1:17:17
narrative from the very beginning. Maybe
1:17:19
you have a good answer for it, but that's something to think
1:17:21
about as well. Like you said,
1:17:23
there are neighbors close enough to lend the
1:17:25
police officers solo cups. Why not
1:17:28
their neighbor? Why not the neighbor's yard? Why
1:17:30
not across the street? Why not totally
1:17:32
somewhere else? Because it was snowing too hard.
1:17:36
Why even have them in your yard at all? Some
1:17:39
things to think about. Lay them in the
1:17:41
street. Maybe he gets run over by a snowplow.
1:17:43
Yeah, that is hard to know who was at
1:17:45
fault. Yeah, but now
1:17:47
we're questioning the men in the arena
1:17:49
again. Maybe the conspirators just didn't come
1:17:51
up with very good ideas. That
1:17:53
was the best they could come up with in the
1:17:55
moment. It's like the solo cups because we're interested in
1:17:58
the solo cups and the same thing. Okay, guys. back
1:18:00
next time. Can't wait to discuss this case
1:18:03
with you some more. Who knows, by the
1:18:05
time you're hearing this, maybe at least the
1:18:07
prosecution will finish their case. Hope
1:18:09
springs eternal. Who can say? And
1:18:12
you know, or maybe the case will be over
1:18:14
and we'll look like idiots because the FBI will
1:18:16
have raided the courthouse and arrested everyone. That could
1:18:18
happen. Who knows? Then we'll just, we'll just bury
1:18:21
these episodes and the only people will even know
1:18:23
they happen. We'll be our patrons. So everybody keep
1:18:25
quiet. We're going to conspire together to make sure
1:18:27
that no one ever knows we did these episodes
1:18:29
if it turns out bad. All right, but
1:18:32
we'll be back next time. But until then,
1:18:34
I'm Brett. And I'm Alice. And
1:18:37
we are the prosecutors. No,
1:18:59
I mean, it's been better. And I get a little
1:19:01
bit confused because I definitely zone out while I'm watching.
1:19:03
Well, that's easy to zone out. Watching
1:19:06
at 1.5 speed helps some of
1:19:09
that. But, but you know what? It was funny
1:19:11
because I forgot I was listening at a
1:19:13
fast speed. And at one point I was like,
1:19:15
why is Flamati speaking so weirdly?
1:19:17
I was like, oh, right.
1:19:19
Right. Because I have it
1:19:22
on high speed. Okay. Who's
1:19:24
the last person we talked
1:19:26
to? Um,
1:19:28
I talked about I think that all right.
1:19:32
We talked about that. Yeah. Yeah.
1:19:35
Because he's the first person who says she said I hit him. Yeah.
1:20:34
I couldn't see anything I was like stop doing it
1:20:36
this way this video is terrible. They didn't have to
1:20:38
do that. No they didn't. Because they didn't even compare
1:20:41
them it was like they looked at both at different
1:20:43
times. I know. It's like they're asking
1:20:45
you to look and see things. She's like I can't
1:20:47
see anything because there's only half the screen. Because it's
1:20:49
half the screen. We're
1:20:52
the same person. I know I just. It's
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1:22:36
another round of Drawing Board or
1:22:38
Miro Board. Today, we talk
1:22:40
brainstorms with UX designer, Brian. Let's
1:22:42
go. First question. You thought you'd
1:22:45
see everyone's idea in the team brainstorm, but
1:22:47
you've got a grand total of one.
1:22:49
Drawing Board or Miro Board? Drawing Board. In
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Miro, the team can add ideas now or
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later. And with privacy mode, we can keep
1:22:55
them anonymous until they're good to share.
1:22:57
Correct. Next, you need
1:23:00
the best way to explain your idea,
1:23:02
but all you have is a few
1:23:04
sticky notes. Drawing Board or Miro Board?
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Drawing Board. In Miro, I could record
1:23:08
videos, add text, images, links, and digital
1:23:10
sticky notes, of course. Right again. Now,
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you're looking for a past idea you
1:23:14
thought was just genius. Only you could
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find, oh, there it is. Drawing Board
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or Miro? All our finished and unfinished
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he's won. For a limited time, visit
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