[00:01:06] UNKNOWN:

Thank you. you you . . . . . . . . . . I'm going to go ahead and turn this one. you you . . . . Thank you. th th All right, good night. See you. Thank you. Thank you. . . . . So I'm going to go ahead and turn it over to you. I'm going to go ahead and turn it over to you. . . I think that's a good point. I think that's a good point. I'm going to turn it back on. . .

[00:35:51] Speaker 03:

Sorry, what was that?

[00:36:14] Speaker 18:

It's been five. Maybe it is three.

[00:36:20] Speaker 20:

Good morning, Your Honor.

[00:36:36] Commonwealth:

Greg Connor for the Commonwealth.

[00:36:38] Commonwealth:

Good morning, Your Honor. Anne Yass for the Commonwealth.

[00:36:40] Commonwealth:

Good morning, Your Honor. Tracy Cusick for the Commonwealth.

[00:36:43] Speaker 23:

Good morning.

[00:36:43] Commonwealth:

Good morning, Your Honor. Good morning, everyone. Kelly Porges on behalf of Mr. Walsh.

[00:36:46] Speaker 23:

Good morning.

[00:36:47] Commonwealth:

Good morning.

[00:36:48] Speaker 23:

Good morning, Your Honor. Larry Tipton for Mr. Walsh.

[00:36:51] Commonwealth:

Morning everyone, let me just get my computer up and running and then I'll talk about a few things that I want to address with the council before the jury comes in. Just give me a minute. All right. So I guess I'll hear from the parties first about the issue that we discussed at the side of the bench. Attorney Poor just referred to it as the 2010 or 1020 issue. Does Commonwealth have anything you wish to say to the court about that issue?

[00:37:55] Speaker 15:

Your Honor, only that looking at the memorandum the defense submitted, that also said 20 as a potential penalty would be the only thing the Commonwealth would add at this point.

[00:38:05] Commonwealth:

You mean the prior sentencing memo?

[00:38:06] Speaker 15:

Yes.

[00:38:07] Commonwealth:

All right.

[00:38:10] Commonwealth:

Defense. So, Your Honor, we were unclear at that time what exactly the colloquy was going to look like, and so I was giving the court the spread of the potential, the way it has worked out is different. As the court noted, there were not admissions to allegations with respect to misleading on that charge.

[00:38:29] Commonwealth:

That's not necessary for the court to take the plea on that charge, right?

[00:38:34] Commonwealth:

Correct, Your Honor. I'm just saying answering the court's question is what the max is. I think it is a live issue that I'm still looking at and I will have an answer for the court, but I don't think it's as simple as the Commonwealth is saying, well, they put it in their sentencing memo. That is the potential spread. As the factual basis stands now, there very well could be a legal precedent or case that hamstrings, for lack of a better term, the court to the 10th.

[00:39:03] Commonwealth:

So let me tell you what I'm doing on my end and where I think that brings me today, because I don't want you wasting your time. statute, as you know, is written in a way that the very first time that this concept of imprisonment a crime punishable by life imprisonment. It's not a statute where there's a section that, oh, if you lie in relation to a police officer in relation to an investigation that does not trigger a life felony, blah, blah, blah, and that's punishable by maximum 10 years. And then there's an alternate provision that says if you lie to a police officer in connection with a crime that's a life felony, it's 20 years. The first time that life felony is mentioned in that statute is in the very tail end of it when it's setting forth the potential punishments for the conduct. And as a result of that, in order to take a plea on that charge, which I did, the defendant only has to admit that he lied in connection with an investigation. And so that's what he did. He lied in connection with an investigation. It seems to me the enhanced penalty, I'll call it enhanced, the higher maximum penalty of 20 years, which is triggered when an individual misleads the police in connection with a crime that is punishable by life imprisonment, then becomes an issue for the court to decide. We could debate as to what standard. It almost feels like, sort of feels like a subsequent offense type scenario, but it's not. That's not how it's set up. But it seems to me that the time at which I should determine that is when this jury has spoken about whether or not the defendant has been found guilty or not of any life felony. And not now. Because it could end up in a very perverse situation where I sentence him to an illegal sentence if the jury came back and found out and told me he's not guilty to a life felony. So I am going to put off the sentencing on the two charges until I hear from the jury on their verdict on the murder charge. so that I have the benefit of that jury verdict when I decide this issue. And I encourage the parties to continue to research whether or not the Commonwealth has an obligation to prove that he lied in connection with an investigation that was a life, punishable by life imprisonment. at a sentencing and how they do that. Is it through an evidentiary hearing and to what standard? Now, if the jury's verdict is one way, it would seem to me that the Commonwealth could mend out that burden if they get a conviction. And if they don't, it seems to me that it becomes a bigger task for the Commonwealth if the burden of proving that part for the higher penalty is beyond a reasonable doubt. So that's where I stand with regard to that. Yes? Did you say something?

[00:43:17] Commonwealth:

No, I was just whispering to Mr. Chiptune.

[00:43:19] Commonwealth:

Oh, maybe the whisper came out a little louder than you thought. Anyway, I also want to I understand from the emails that came to me last night that the defense is no longer agreeing to all the William Fastow messages coming in. Is that right?

[00:43:50] Commonwealth:

Not trying to hedge, but the court indicated that you were inclined to perhaps keep some out. Intention is, if any, then all, but I think Mr. Walsh deserves the benefit of knowing what the court's ruling is before I have to negotiate with the Commonwealth. So I apologize for that, but I am asking for some guidance there.

[00:44:16] Commonwealth:

All right.

[00:44:19] Commonwealth:

Well, actually, can we approach? That might be easier. Well, no.

[00:44:22] Commonwealth:

No. OK. So I'm not giving an advisory opinion. And so here's what I'm going to say to you with regard to that. I'm going to read something in the record because I want it to be clear under what authority I am allowing those text messages in so the record is complete. And this ruling relates to both my thought process with regard to the William Fastow text messages, to the extent that they reveal some state of mind evidence of an avalanche. And also, just so that I'm clear, these thoughts equally apply to the reason why on an earlier motion in Lemonay with regard to the expected testimony of Alyssa Kirby, why I believe these state of mind statements are coming in. So just bear with me while I read this into the record. And this is my oral order on the motion to admit the text messages between Anna Walsh and William And again, same reasoning for what I expect at some point will become a similar issue with regard to a conversation Anna Walsh had with Alyssa Kirby, I think on the evening of 10, 12, 29, 22. The Commonwealth filed a motion in Lemonade to enter text messages between William Fastow and Anna Walsh as evidence of Anna's state of mind. Quote, an exception to the hearsay rule permits the admission of evidence of a murder victim's state of mind as proof of the defendant's motive to kill the victim. End quote. Commonwealth versus Costano, 478 Mass 75 at 85, 2017. Such evidence is admissible, quote, when and only when there is also, there also is evidence that the defendant was aware of that state of mind at the time of the crime and would be likely to respond to it, period, end of quote, Commonwealth versus Qualls, 425 Mass, 163, 167, 1997. There need not be direct evidence that the defendant learned of the victim's state of mind so long as the jury reasonably could have inferred that he did learn of it. Citing again to Costano 478 Mass at 85. In this case, there is evidence from which the jury reasonably could infer that the defendant saw the text messages exchanged between William Fastow and Anna Walsh. Specifically, during his interviews with the police on January 4th, 2023, Brian Walsh told detectives that sometimes Ana's iMessager comes up on his phone and that he had seen messages people were leaving for Ana. That is on the 1-4-23 interview transcript of page 30. During his January 7th, 2023 interview, Brian Walsh told police that Ana took a bunch of photos on New Year's Eve and that she sent one to William Fastow around 10 o'clock. That can be found in the interview of 1723 transcript at 86. And during his January 8th, 2023 interview, Brian Walsh told the detectives that they could get the exact time that his son went to bed on New Year's Eve based on the time Anna texted Fastow the photo. That may be found on the 1-3-23 interview transcript of page 7. From such evidence, which accurately noted the time Anna sent the photo to William Fastow, it is reasonable to infer that the defendant had seen her text message exchanged. Contrary to the defendant's contention, the text messages at issue contain some evidence of honest state of mind at the time of the crime. In particular, she sends messages regarding her feelings of confusion in her married life, her intimate relationship with Fastow, and her desire to make future plans with Fastow. While there was some discussion of redacting portions of the messages that are not relevant to the state of mind evidence, and I will reserve ruling on those as I now know the party's positions has changed, I will reserve ruling on those. to believe that there are certain messages that are not relevant to Ana's state of mind. And if the defendant objects during the proceeding of Mr. Fausto's testimony to those, I will rule on those real time, as we do in many cases.

[00:49:41] Speaker 03:

So that's that.

[00:49:54] Commonwealth:

Madam Court Reporter, we're starting at 145 today. Exhibit 145. And what about ID number? I. Is it the next one? Thank you. All right, anything the jury's ready to go, is that right? And is there anything that the parties need to raise with the court?

[00:50:47] Commonwealth:

Your Honor, if I could have one minute, we have done some redactions of the fastball messages that I think would take out some of the concerns that you had. We're having a printer issue this morning, so we couldn't make a color copy of it. But if I could just get a black and white copy for the defense and for you, I think that might help the situation.

[00:51:08] Commonwealth:

All right. As I said, I'm happy to rule on it real time. And I don't know how you're parsing through those messages and how you can present them as I rule on it. So maybe if, are you saying it's going to be difficult for you to do that job if I'm ruling on them real time?

[00:51:28] Commonwealth:

I think so. So I think it might be a little bit simpler if we could look at the redactions ahead of time. And I could just have that made. I'll have the copies made right now. I can start with Mr. Fastow. And then we can have those brought up. And when we're ready to do that, we could go sidebar.

[00:51:50] Commonwealth:

All right. It's my interest in getting the jury out here and getting the case works. And I'm ready to start.

[00:51:55] UNKNOWN:

All right.

[00:51:56] Commonwealth:

May Ms. Cusick be excused so she can take them right down. Sure. Thank you, Your Honor. And anything from the defense before we bring the jury in? Defense, is there anything that you wish to bring to the court's attention before the jury comes in? Bring them in.

[00:52:26] Commonwealth:

someday.

[00:52:34] UNKNOWN:

Yes.

[00:53:37] Speaker 18:

Please be seated. Please turn up the cell phones.

[00:53:55] Commonwealth:

Welcome back and good morning, Jurors. Jurors, I will start today with questions. Jurors, were you able to comply with my order that you not speak to anyone about this case? Have you given up on answering to me? Let's try that again. Were you able to comply with my order that you not speak to anyone about this case?

[00:54:20] Speaker 03:

Yes.

[00:54:20] Commonwealth:

Were you able to comply with my order that you not go on any social media and not take in any news media? And are we able to avoid talking to anyone about this case? Yes. And you all still have open minds? Yes. With those four questions all answered in the affirmative, we're ready to start today's work. And I thank you for your continued vigilance to those four sisters. Commonwealth may call its next witness.

[00:55:15] Commonwealth:

Thank you very much, Your Honor. The Commonwealth calls William Fastow.

[00:55:44] Commonwealth:

You may proceed.

[00:56:06] Commonwealth:

Thank you. Good morning. Could you please state your name and spell your last name for the record?

[00:56:13] Witness:

Yes, my name is William Vasto. F-A-S-T-O-W.

[00:56:18] Commonwealth:

Thank you. And what do you do for a living, sir?

[00:56:22] Witness:

I'm a real estate broker.

[00:56:24] Commonwealth:

And where do you do that? In Washington, D.C. And is that where you live as well?

[00:56:29] Witness:

It is.

[00:56:30] Commonwealth:

And how long have you been a real estate broker?

[00:56:33] Witness:

Just about 20 years.

[00:56:34] Commonwealth:

Always in the DC area?

[00:56:36] Witness:

No, actually up here in Boston for a few years, and then a hiatus, and then back in DC.

[00:56:42] Commonwealth:

And were you familiar with Anna Walsh and Brian Walsh?

[00:56:47] Witness:

Yes.

[00:56:48] Commonwealth:

And how did you meet the Walshes?

[00:56:51] Witness:

Anna Walsh was referred to me by a mutual friend, Jem Mutlo. They were looking for a home in the D.C. area, and I assisted them in purchasing a town home in Chevy Chase, D.C. And did you know Anna or Brian Walsh before that? I did not.

[00:57:11] Commonwealth:

And where was that property located generally?

[00:57:15] Witness:

It was on 43rd Street in Northwest D.C.

[00:57:21] Commonwealth:

And you said it was a townhome?

[00:57:23] Witness:

That's correct.

[00:57:24] Commonwealth:

Can you just describe that townhome?

[00:57:28] Witness:

So it was a semi-attached townhome, one side of it faced on 43rd Street. It had a staircase that led up to a parlor level. It was four floors and had a two-car garage underneath.

[00:57:43] Commonwealth:

And who bought the home?

[00:57:45] Witness:

Anna Walsh.

[00:57:47] Commonwealth:

And was the deed in her name?

[00:57:50] Witness:

I believe so.

[00:57:52] Commonwealth:

And when did Ana close on that property?

[00:57:55] Witness:

March of 2022.

[00:57:56] Commonwealth:

And did you meet Ana in person?

[00:58:00] Witness:

Yes.

[00:58:01] Commonwealth:

And when did you first meet Ana in person?

[00:58:06] Witness:

I think a couple months before that, she had come up to Washington once or twice to look at properties.

[00:58:14] Commonwealth:

And did Brian Walsh come with her? He did not. Had you ever met Brian Walsh in person? No, I have not. Did you ever speak with Brian Walsh?

[00:58:26] Witness:

Yes. We had at least one, if not a few, teleconference calls to discuss the property.

[00:58:37] Commonwealth:

So after you sold the townhome to Anna Walsh, did you have further contact with her? I did. And when was your initial contact with her after you sold her the home? Immediately. And what was your initial relationship?

[00:58:56] Witness:

We quickly became close friends, then confidants, and before long we started an intimate relationship.

[00:59:06] Commonwealth:

And what do you mean by confidants?

[00:59:09] Witness:

We would share conversations about our lives, what we were going through, personal troubles, those sorts of things.

[00:59:22] Commonwealth:

And you said that your relationship became more, that it became intimate.

[00:59:29] Witness:

It did.

[00:59:30] Commonwealth:

And when did that happen?

[00:59:31] Witness:

Shortly after she moved to Massachusetts, within a few weeks. Massachusetts? Sorry, excuse me, Washington, D.C. From Massachusetts to Washington, D.C. And what was your marital status at that time? I was separated.

[00:59:48] Commonwealth:

And do you have children, sir?

[00:59:50] Witness:

I do.

[00:59:53] Commonwealth:

Tell me about the types of things that you and Anna did in the course of your relationship.

[00:59:59] Witness:

We would go out to dinner, go to bars. She would accompany me to functions. I have a boat in Annapolis. She would come sailing with me. We did a couple of fitness dates together, see movies, those sorts of things.

[01:00:17] Commonwealth:

You said movies?

[01:00:18] Witness:

Yes.

[01:00:20] Commonwealth:

And you said fitness dates. What do you mean by fitness dates?

[01:00:25] Witness:

Anna was very active, physically. Being in shape was very important to her. I hosted a outdoor yoga event, and she had attended on multiple occasions.

[01:00:39] Commonwealth:

When you say Anna was very active, what do you mean by that?

[01:00:43] Witness:

She was very focused on staying in shape, sort of recovering from her multiple pregnancies, getting her figure back. She was really, you know, trying to dial everything in and be as active as possible.

[01:00:58] Commonwealth:

Did she exercise?

[01:01:00] Witness:

She did.

[01:01:01] Commonwealth:

Did you see her exercise? Yes. What kind of exercise did she do?

[01:01:06] Witness:

She had a home gym that she worked out in. I believe there was a treadmill and some weights and a small weight bench there, and then the yoga classes we discussed. I also think she may have taken a couple Pilates or other yoga classes on her own.

[01:01:24] Commonwealth:

So how often would you see Anna Walsh in the course of your relationship?

[01:01:29] Witness:

Typically two to three times a week.

[01:01:32] Commonwealth:

And would you see each other on the weekends?

[01:01:35] Witness:

Yes, when she was in Washington.

[01:01:38] Commonwealth:

And how often would you and Anna communicate once your relationship became intimate?

[01:01:45] Witness:

Pretty much daily.

[01:01:47] Commonwealth:

And how would you and Anna communicate with each other?

[01:01:51] Witness:

Phone calls, text messages, and private messenger through Instagram.

[01:02:02] Commonwealth:

Did she use a cell phone?

[01:02:03] Speaker 05:

Yes.

[01:02:05] Commonwealth:

And how many cell phones did you contact her on?

[01:02:08] Speaker 05:

One.

[01:02:11] Commonwealth:

Did you know her to use more than one cell phone? I did not. How about you? How many cell phones did you use? Just one. And the cell phone number that you used to communicate with Anna, do you remember that number?

[01:02:28] Witness:

Not off the top of my head, but I know it was a 617 number.

[01:02:32] Commonwealth:

If I said the number to you, would you recognize the number?

[01:02:35] Witness:

Yes.

[01:02:36] Commonwealth:

Do you recognize 617-599-7966?

[01:02:41] Witness:

Yes, I believe that's correct.

[01:02:44] Commonwealth:

Did Anna use social media?

[01:02:46] Witness:

She did. How do you know that she used social media? She was a frequent Instagram poster.

[01:02:57] Commonwealth:

And when you say frequent, what was her practice or custom with social media? Typically, I'd say at least once or twice a week. Any other platforms that she used?

[01:03:10] Witness:

I think she had a Facebook account.

[01:03:16] Commonwealth:

And did you comment on her post?

[01:03:18] Witness:

I did.

[01:03:19] Commonwealth:

And did you comment on her post using your name?

[01:03:23] Witness:

Yes, I did. Your full name? Whatever, yes, that my account's under.

[01:03:33] Commonwealth:

So the townhouse that you sold Anna, is that where she lived?

[01:03:38] Witness:

It is.

[01:03:40] Commonwealth:

And did you go inside of that townhouse after she moved into it?

[01:03:44] Witness:

I had.

[01:03:47] Commonwealth:

And did you ever stay overnight at that townhouse? I did not. Did she ever stay at your home in DC overnight? She did. So talking about her townhouse, you said it was four floors? Yes.

[01:04:05] Witness:

And that starting like the garage level? The garage was at street level and then there was an elevated parlor and then two bedroom levels above that.

[01:04:15] Commonwealth:

And that parlor level is where the kitchen would have been? Correct. What had she done about, was the home furnished?

[01:04:26] Witness:

Yes. And how was the... She had furnished it. Okay. And how was the home furnished? She had settled in very quickly. It was important to her to nest as quickly as possible. So she had fully furnished it. She had built out the home gym, which I had mentioned earlier, furniture on the main level, the owner's bedroom, and three bedrooms upstairs that were for the children.

[01:04:47] Commonwealth:

And what had she done to furnish the bedrooms for the children?

[01:04:51] Witness:

She had acquired beds, accessory furniture. I think she had the rooms painted. She may have even gone as far as buying some individual items, clothes, toys, whatnot.

[01:05:06] Commonwealth:

Did you ever meet Anna's three children?

[01:05:09] Witness:

I did not.

[01:05:12] Commonwealth:

What did Anna tell you about where her children were?

[01:05:15] Witness:

Her children were living in Massachusetts.

[01:05:20] Commonwealth:

What did Anna tell you about why her children were not with her?

[01:05:25] Witness:

She told me that her children were with their father, Brian Walsh, up in Massachusetts, and that they were there because his home confinement was predicated on him being the primary caregiver.

[01:05:41] Commonwealth:

When did Anna tell you that?

[01:05:44] Witness:

Fairly early on, she had attempted to apply for an insurance policy, a blanket coverage policy for her house, and the company she had reached out to was unwilling to underwrite the policy, and they had disclosed to her that it was because of Brian's history.

[01:06:09] Commonwealth:

What did Anna tell you about how she felt about her children not being with her in DC?

[01:06:17] Witness:

Initially, she felt that it was something necessary for her to get through. But as time came on, it became a significant issue for her. It deeply upset her. And in time, she was even despondent about it.

[01:06:32] Commonwealth:

Jers, I'm going to give you a mid. streamed brief instruction. You're going to hear through this witness evidence of Anna Walsh's state of mind. And it is limited to the purpose of establishing her state of mind as may be relevant to the defendant's motives of the offense. Evidence cannot be considered as proof of the criminal acts act that is charged in this case. You may proceed.

[01:07:03] Commonwealth:

Thank you, Your Honor. What do you mean, despondent?

[01:07:08] Witness:

She was deeply upset about it. She was troubled. I think she was concerned about her role.

[01:07:18] Commonwealth:

As to, I think.

[01:07:21] Commonwealth:

All right. Restate the question and I'll have the answer. What do you mean, despondent?

[01:07:30] Witness:

Anna felt deeply disappointed that she wasn't in a position to be the mother the children deserved.

[01:07:41] Commonwealth:

Did she tell you she discussed the children not being with her, with Brian?

[01:07:47] Witness:

Yes.

[01:07:49] Commonwealth:

What did she tell you?

[01:07:51] Witness:

Uh, it was a point of contention for them. Uh, Brian's attorney had, uh, yes, you may.

[01:08:30] UNKNOWN:

Thank you. you . . . . Thank you. . . you

[01:12:57] Commonwealth:

Did you keep your relationship with Anna secret? I did not, no. Did you tell people about your relationship with Anna? Yes. Did you socialize together with any of Anna's friends? We did not. Did you socialize with any of your friends? We did. Did Ana ever discuss with you telling Brian Walsh about her relationship with you?

[01:13:34] Witness:

Yes. Ana felt it was really important that when Brian was to find out about the relationship that she would hear it from her. She had expressed great concern and I think she felt it would be a strike against her integrity if he found out a different way.

[01:14:11] Commonwealth:

So at some point, did your relationship become more serious?

[01:14:18] Witness:

It did.

[01:14:20] Commonwealth:

When would you say that your relationship became more serious?

[01:14:24] Witness:

In the early to mid summer, around July.

[01:14:28] Commonwealth:

And how would you describe it?

[01:14:33] Witness:

Anna had traveled to Massachusetts for Brian's sentencing and the expectation was that she was going to be able to bring the children and him back to Washington DC following a favorable sentencing for his art fraud issues. And that sentencing was delayed because of investigations of potential.

[01:15:06] Commonwealth:

At that point, were you seeing other people? Prior to that, yes. And at that point, did you stop seeing other people? I did. And did you begin spending holidays together? Yes. And did you spend Thanksgiving together of 2022? We did. And what plans did you and Anna have for Thanksgiving of 2022?

[01:15:31] Witness:

We had planned a trip to Dublin, Ireland together.

[01:15:36] Commonwealth:

And when did you get to Dublin?

[01:15:39] Witness:

I believe we left on the 23rd or 24th of November.

[01:15:47] Commonwealth:

Did you fly together to Dublin?

[01:15:49] Witness:

We did.

[01:15:51] Commonwealth:

And how long were you in Dublin?

[01:15:53] Witness:

Until the 27th.

[01:15:56] Commonwealth:

And then, where did Anna go after Dublin?

[01:16:01] Witness:

She flew to Serbia to see her mother via Paris.

[01:16:06] Commonwealth:

I'm sorry, via Paris, you said? Yes. And where did you go after Dublin?

[01:16:11] Witness:

I returned to Washington.

[01:16:16] Commonwealth:

And did you and Anna have plans for Christmas Eve?

[01:16:20] Witness:

Yes.

[01:16:21] Commonwealth:

And what did you do for Christmas Eve?

[01:16:25] Witness:

We drove out to Annapolis to have dinner with friends of mine.

[01:16:30] Commonwealth:

And where did you have dinner?

[01:16:32] Witness:

The Annapolis Yacht Club.

[01:16:35] Commonwealth:

And where did you and Anna go after dinner in Annapolis?

[01:16:40] Witness:

We went back to my home in Washington.

[01:16:43] Commonwealth:

And did you spend the night there together?

[01:16:49] Witness:

We did. And what did you do on Christmas morning? It had snowed the night before, so Ana's flight had been delayed or canceled. She left because I was taking custody of my children either later that day or the next day in anticipation of taking a winter vacation with them.

[01:17:16] Commonwealth:

And do you, Do you know where Anna went on Christmas Day?

[01:17:30] Witness:

She eventually ended up driving back to Massachusetts.

[01:17:36] Commonwealth:

And, I'm sorry?

[01:17:39] Witness:

I didn't say anything.

[01:17:39] Commonwealth:

Oh, sorry. So she went to Massachusetts to cohesit? Yes, I believe so. Did you and Anna discuss how Brian Walsh reacted to Anna not being in Cohasset on Christmas Eve and getting there later on Christmas Day?

[01:18:05] Witness:

She told me that they had had an argument about it and there were some points of contention.

[01:18:13] Commonwealth:

Did you and Anna discuss any stressors in her marriage to Brian?

[01:18:24] Witness:

The biggest stressor was his inability to resolve his criminal case and the fact that because of that she couldn't be with her children and bring them back to Washington DC. And the fact that it felt like it was holding up her life.

[01:18:42] Commonwealth:

Was there any discussion about credit cards?

[01:18:45] Witness:

Yes.

[01:18:46] Commonwealth:

And what was that?

[01:18:48] Witness:

Anna was the primary breadwinner with her job in Washington. And one evening, she was looking through her credit card statement and had found numerous charges that Brian had made. They had had a conversation about it that was heated. It was about some sports memorabilia that he had purchased for some sort of sports memorabilia business.

[01:19:24] Commonwealth:

When was the last time, I'm sorry, were you and Anna making plans to go on any other trips in 2023?

[01:19:32] Witness:

Yes, I was in Idaho with my children for New Year's, was flying back to Washington D.C. and we had planned to celebrate New Year's together on the 4th.

[01:19:48] Commonwealth:

And were you going to go to any other locations together, any vacation locations?

[01:19:54] Witness:

While we were communicating over New Year's, we had talked about doing a trip to New York City. Tishman Spire, the company that Anna works for, has an ownership interest in Rockefeller Center. So she had mentioned wanting to go to New York, and we had discussed it. I think we may have even planned it at one point. Um, but I was concerned coming back from Idaho that I would need to be back on the job and I didn't want to commit to travel before coming back to the office.

[01:20:27] Commonwealth:

So you said you went to Idaho. When was that?

[01:20:30] Witness:

Uh, I left early morning, December 27th.

[01:20:33] Commonwealth:

And did you communicate with on a wall you were in Idaho?

[01:20:37] Witness:

I did.

[01:20:38] Commonwealth:

And how did you communicate?

[01:20:41] Witness:

Uh, through a text message and through Instagram.

[01:20:45] Commonwealth:

And how did you communicate through Instagram?

[01:20:48] Witness:

Through the private messenger feature.

[01:20:50] Commonwealth:

And what is the private messenger feature?

[01:20:52] Witness:

Within the application of Instagram, you can send a private message to users.

[01:21:00] Commonwealth:

And did you voluntarily provide text messages between you and Anna to the Commonwealth?

[01:21:08] Speaker 05:

Yes, I did.

[01:21:13] Commonwealth:

Your Honor, may we be seen at sidebar?

[01:21:15] Commonwealth:

You may.

[01:22:04] UNKNOWN:

you . . Thank you. you

[01:25:25] Commonwealth:

All rise for the court please.

[01:25:44] Speaker 18:

Your disclosure notebook, follow me.

[01:26:21] Commonwealth:

You can get off the stand from there. A few minutes to take a look at the Rose redactions and when you're ready for me to come back out on the bench to address those, I'm happy to.

[01:26:52] Speaker 03:

I'm sorry, I didn't know what the question was.

[01:27:16] UNKNOWN:

So, if that's what I was going to say, I was going to say, I'm sorry, I didn't know what the question was. So, if that's what I was going to say, I'm sorry, I didn't know what the question was. Thank you. you Thank you. Thank you. you . . . . . you And I think that's the best thing. This is my idea. I'm going to invest it in my new car. Here's the first step. It's going to be a four-wheel drive. Yeah, four-wheel drive. I want to make sure it has that balance in there. That's my idea. Four-wheel drive. Okay. Okay. Okay. Okay. Okay. I guess that's for the first time. Okay, that's good. That's good. That's good. That's good. That's good. That's good. That's good. That's good. That's good. That's good. That's good. That's good. That's good. Thank you. Thank you very much. Thank you. I don't care about that. I don't care. . . Thank you.

[01:43:51] Speaker 03:

Thank you very much.

[01:44:49] UNKNOWN:

Thank you. Thank you.

[01:46:22] Speaker 20:

You are unmuted.

[01:48:18] Commonwealth:

Did we reach agreement on the text messages?

[01:48:21] Commonwealth:

We did not. We were hoping for a ruling from you.

[01:48:24] Commonwealth:

All right. What page?

[01:48:26] Commonwealth:

Your Honor, it's difficult because they numbered the pages, but they took out whole pages and sections so they don't correspond. I have visually done it. That might be easier to approach so I can show you side by side.

[01:48:47] Commonwealth:

All right, approach.

[01:49:42] UNKNOWN:

you you Thank you. Thank you. Thank you. They just have a monitor, but they don't have a breeze.

[01:54:36] Commonwealth:

can actually have a witness back on the stands.

[01:54:58] UNKNOWN:

Okay.

[01:55:02] Commonwealth:

Just hold up the jurors so the witness can get in the witness box so we're not having an intersection.

[01:55:24] Speaker 23:

Thank you. All right, so the court please, jury is entering.

[01:56:05] Commonwealth:

And you may proceed. Thank you. You may.

[01:56:30] Commonwealth:

Do you recognize that document?

[01:56:36] Witness:

Yes, these are the text messages that I provided law enforcement. Thank you.

[01:56:43] Commonwealth:

And who are these text messages with?

[01:56:46] Witness:

They're between Anna Walsh and myself.

[01:56:49] Speaker 17:

I guess that this be the next exhibit.

[01:56:51] Commonwealth:

Subject to the prior objections, any new objections?

[01:56:54] Speaker 17:

No, Your Honor.

[01:56:55] Commonwealth:

The text message packet, how many pages is it? Well, I'll have somebody count that. Forty-three pages. Forty-three pages of text messages between Anna Walsh and William Fastow are now in evidence as Exhibit 145. Thank you.

[01:57:22] Commonwealth:

You may. Mr. Faustel, this is a printout that you gave, correct?

[01:57:36] Speaker 05:

Yes.

[01:57:37] Commonwealth:

And if you could just tell us who's in the blue and who's in the gray?

[01:57:47] Witness:

Anna Walsh is in the gray. My messages are in the blue.

[01:57:50] Commonwealth:

Thank you. And in the course of this, you and Anna text some pictures as well, is that right? That's correct. Going to page 40.

[01:58:15] Witness:

Yes.

[01:58:16] Commonwealth:

What is that a picture of?

[01:58:18] Witness:

That's a toothbrush that Anna had given me that she had left at my house. And I had packed it to bring with me to Idaho.

[01:58:28] Commonwealth:

And what does that toothbrush say on it?

[01:58:31] Witness:

It says Cohasset Dental.

[01:58:36] Commonwealth:

And sir, these text messages also discuss intimacy. Is that right?

[01:58:46] Speaker 05:

Yes, I believe so.

[01:58:51] Commonwealth:

And your trip to Dublin? Yes. You also received several other photographs which are in those text messages from Anna, and one of them is on Apologize, Your Honor. One of them is with her son, is that right?

[02:00:13] Speaker 05:

One of the pictures? Yes. Yes.

[02:00:16] Commonwealth:

And she sent you that, and it says, She's showing you something that he made, or is that right?

[02:00:29] Witness:

Yes, I believe that's correct.

[02:00:32] Commonwealth:

May I approach her?

[02:00:33] Speaker 05:

You may.

[02:00:38] Commonwealth:

And is this that photo?

[02:00:41] Speaker 05:

Yes.

[02:00:43] Commonwealth:

And is that the necklace she's trying to show you?

[02:00:46] Speaker 05:

Yes.

[02:00:47] Commonwealth:

I'd ask that this be the next exhibit.

[02:00:50] Commonwealth:

Objection, Your Honor.

[02:00:52] Commonwealth:

That will be marked, the photo. will be marked and admitted as Exhibit 146.

[02:01:04] Speaker 17:

Yes.

[02:01:10] Commonwealth:

So can I just see it quickly? All right. So can I see counsel at the side of the bench? is blurred out. It wasn't that way in the original, but it's relevant to your decision making. So that's why I've instructed it to be blurred. All right.

[02:02:26] Commonwealth:

Thank you. That now be published for the jury.

[02:02:29] Commonwealth:

You may publish it.

[02:02:43] Commonwealth:

Thank you. Did she also send you a photo on New Year's Eve as well? She did.

[02:03:09] Commonwealth:

You may.

[02:03:14] Commonwealth:

I ask if you recognize this photograph.

[02:03:17] Witness:

Yes.

[02:03:18] Commonwealth:

And what is this a photograph of?

[02:03:19] Witness:

This is a picture of Anna, our mutual friend Jen Mutlo, and one of her children.

[02:03:28] Commonwealth:

I ask that this be the next exhibit.

[02:03:30] Commonwealth:

Any objection?

[02:03:31] Commonwealth:

None, Your Honor.

[02:03:33] Commonwealth:

The photo of Anna Walsh, Jen Mutlo, and the minor child are now in evidence as exhibit 147.

[02:03:40] Speaker 17:

This photograph is not adapted for the child, so I'm not going to publish it at this time.

[02:03:48] Commonwealth:

When did you plan to return from Idaho?

[02:04:03] Witness:

I was scheduled and I left on January 3rd. And when did you return from Idaho? I believe I came back very early the morning of January 4th. I think it was probably right around like midnight or 1 or 2 a.m.

[02:04:26] Commonwealth:

And did you have plans to celebrate New Year's with Anna?

[02:04:31] Witness:

I did.

[02:04:33] Commonwealth:

And when did you make those plans?

[02:04:35] Witness:

When I was in Idaho and she was in Cahassa.

[02:04:38] Commonwealth:

And what were your plans for?

[02:04:40] Witness:

When were your plans for? Our plans were to have dinner on January 4th to celebrate New Year's and discuss our one, three, five, and 10-year plans.

[02:04:54] Commonwealth:

And what had you and Anna discussed about your future together?

[02:04:58] Witness:

We'd had a number of conversations about what a life together might look like, what merging two families would look like, how that might work. But I had always said to Anna that she needed to figure out how she wanted things to be with Brian and what she wanted that to look like for her life before we could make any sort of commitments or decisions.

[02:05:29] Commonwealth:

And did you have dinner reservations for January 4th?

[02:05:33] Witness:

I did.

[02:05:35] Commonwealth:

Did you have dinner on January 4th?

[02:05:38] Witness:

I did not.

[02:05:40] Commonwealth:

What was the last contact that you had with Anna Walsh?

[02:05:45] Witness:

I received a text message from Anna. It was a Happy New Year's message right around the stroke of midnight on New Year's Eve, East Coast time.

[02:05:59] Commonwealth:

Did you respond to her?

[02:06:01] Witness:

I believe I did.

[02:06:05] Commonwealth:

And then did you send her anything?

[02:06:07] Witness:

The following day, I had sent her a photo of me showing one of my children how to ski. I had sent her, I think, a waving hand emoji. I think I had sent a question mark query and then a couple of other texts over the next day or two that went unresponse, that were not responded to.

[02:06:29] Commonwealth:

Did you try calling her?

[02:06:34] Witness:

I did.

[02:06:35] Commonwealth:

When was that?

[02:06:36] Witness:

I believe I tried calling her on January 2nd and it went straight to voicemail. I tried that a couple times and then I called her from a landline thinking that she may have blocked my cell phone.

[02:06:57] Commonwealth:

Did she ever answer you?

[02:06:59] Witness:

She did not.

[02:07:01] Commonwealth:

Were you concerned?

[02:07:03] Speaker 05:

I was.

[02:07:07] Commonwealth:

Did you have any contact with Brian Walsh after you sold the townhouse to Ana?

[02:07:16] Witness:

I may have had a call or two with him discussing the townhouse. I don't really recall. It would have been dealing with property matters. And then he called me on January 4.

[02:07:32] Commonwealth:

And did you answer that call?

[02:07:34] Witness:

I did not.

[02:07:35] Commonwealth:

What did you do?

[02:07:36] Witness:

I pushed the call to my voicemail.

[02:07:41] Commonwealth:

Why'd you do that?

[02:07:43] Witness:

I was in an intimate relationship with his wife. I had not heard from her in several days and frankly I was concerned that maybe he had found out and was calling to confront me.

[02:07:57] Commonwealth:

Did he leave you a voicemail? No. Did you call him back?

[02:08:04] Witness:

I did not, but he called me a few hours later again.

[02:08:07] Commonwealth:

When was that?

[02:08:10] Witness:

A few hours after the initial call, so maybe mid-morning, noonish. I couldn't tell exactly.

[02:08:17] Commonwealth:

And did you answer that second call?

[02:08:19] Witness:

No, I pushed that to voicemail as well.

[02:08:24] Commonwealth:

Did Brian Walsh leave you a voicemail?

[02:08:26] Witness:

The second time he did.

[02:08:28] Commonwealth:

And did you provide that voicemail to law enforcement?

[02:08:32] Speaker 05:

Yes, I did.

[02:08:41] Commonwealth:

Your Honor, I'd ask that the voicemail even access it.

[02:08:46] Commonwealth:

Any objection?

[02:08:46] Commonwealth:

No, Your Honor.

[02:08:49] Commonwealth:

The voicemail message from Brian Walsh to William Fastow is now in evidence as Exhibit 148.

[02:09:13] Commonwealth:

I'd ask Ms. Gilmer to play that now.

[02:09:30] Speaker 21:

Good afternoon. I wanted to say, Brian Walsh. I hope all is going well. I was just reaching out to basically everybody I could. Anna hasn't been in touch for a few days. I spoke to her work today. She hasn't been in. They went to the house, and she wasn't there. It was like she's been there recently. So just wondering if you spoke to her recently, like a Sunday or the last two days. What did you do after receiving that voicemail, sir?

[02:10:20] Witness:

I immediately called Brian back.

[02:10:23] Commonwealth:

And what happened when you called Brian back?

[02:10:28] Witness:

I told him that I was concerned. We had discussed that Anna had been missing since New Year's Day. And I was actually driving at the time that I made the call. I told him that I was nearby the house and that I could stop by the house and check to see if she was there, if that would be beneficial.

[02:10:52] Commonwealth:

And what did you do that?

[02:10:57] Witness:

I did.

[02:10:59] Commonwealth:

And how did you get into the house?

[02:11:02] Witness:

Brian provided me the garage code. I opened the garage and entered the garage bay underneath the house.

[02:11:11] Commonwealth:

And was there a car in the garage?

[02:11:13] Witness:

There was not.

[02:11:15] Commonwealth:

Was there usually a car in the garage?

[02:11:17] Witness:

Ana usually parked in the garage, yes.

[02:11:19] Commonwealth:

And did Ana have a car?

[02:11:20] Witness:

Yes. Do you know what kind? I believe it was a Volkswagen Tows.

[02:11:25] Commonwealth:

Did she have one car, two cars, if you know?

[02:11:28] Witness:

Just one car that I know of.

[02:11:34] Commonwealth:

Did you look inside the house?

[02:11:37] Witness:

I checked the door leading from the garage to the house. That door was locked, so I couldn't enter the house.

[02:11:44] Commonwealth:

Did you notice any damage to the house?

[02:11:46] Witness:

I did not.

[02:11:48] Commonwealth:

What did you do after going to the house?

[02:11:50] Witness:

I called Brian, let him know that there was no sign that she was there, that her car wasn't there. It didn't look like anyone had been home. And then I actually came back later that evening and checked the garage again in the hopes that she might have shown up.

[02:12:10] Commonwealth:

And did you see anything at that time?

[02:12:11] Witness:

No, it was the same.

[02:12:26] Commonwealth:

You may.

[02:12:34] Commonwealth:

Do you recognize that necklace?

[02:12:36] Witness:

Yes.

[02:12:37] Commonwealth:

What is that?

[02:12:38] Witness:

It's a Gucci pendant necklace that Anna wore frequently.

[02:12:44] Commonwealth:

Thank you.

[02:12:46] Commonwealth:

I'd ask that this be the next exhibit.

[02:12:49] Commonwealth:

Any objection?

[02:12:49] Commonwealth:

None, Your Honor.

[02:12:53] Commonwealth:

Marked and admitted as Exhibit 149.

[02:13:18] Commonwealth:

Do you recognize anything else in the photograph?

[02:13:26] Witness:

She's wearing a Cartier watch, which was her primary timepiece. And I believe it's hard to tell with the resolution of the photo, but it looks like she is wearing her engagement ring.

[02:13:39] Commonwealth:

Thank you very much. Your honor, I'd ask that this be published to the jury again. This has been blurred.

[02:13:57] Commonwealth:

You may, and you can publish it electronically and you can do it the old-fashioned way also.

[02:14:05] Commonwealth:

I'd ask to do it the more modern way.

[02:14:09] Commonwealth:

All right. Right ahead, as you wish.

[02:14:21] Commonwealth:

Thank you. You had said that you had communicated with her after New Year's Eve. Did you only text her, or did you also communicate through Instagram or other platforms?

[02:14:51] Witness:

I tried to call her through using the cell phone, the landline in Idaho. I sent her text messages, and I probably messaged her through Instagram, but I don't recall.

[02:15:07] Commonwealth:

No, I'm sorry. I'm specifically referring to when you texted her, like, Happy New Year at midnight. Was that on text message through Instagram or something else, if you remember? It would have been text message or Instagram. OK. Thank you. And have you seen Anna Walsh since December 25 of 2022?

[02:15:34] Witness:

I have not.

[02:15:38] Commonwealth:

Thank you, Mr. Pasta.

[02:15:45] Commonwealth:

Cross exam.

[02:15:52] Speaker 17:

Good morning.

[02:16:07] Commonwealth:

You had mentioned that you met Anna Walsh, I guess, in the late winter, early spring of 2022? Yes. And you were introduced to her through a mutual friend, Jem Mutlu?

[02:16:23] Speaker 05:

Correct.

[02:16:24] Commonwealth:

And Mr. Mutlu is also in the real estate business?

[02:16:27] Speaker 05:

Yes.

[02:16:29] Commonwealth:

And at first you were introduced because Mrs. Walsh was looking for a property in the DC area to relocate her family. Correct. And you assisted her in finding the townhouse? I did. Okay. And when you were looking or showing her that townhouse, at some point you faced time with Mr. Walsh who was back in Boston so he could see the property as well?

[02:16:53] Speaker 05:

Yes.

[02:16:53] Commonwealth:

And this was a property for the whole family?

[02:16:56] Speaker 05:

Yes. Okay.

[02:16:57] Commonwealth:

I think you said that quickly you guys became confidants? Yes. Okay. And when you say confidants, do you mean really good friends? Would you share secrets? Would you commiserate about being, you know, hardworking? What do you mean by confidant?

[02:17:14] Witness:

Um, we were both at very vulnerable times in our lives. I was dealing with a separate separation and what was soon to be a full-fledged divorce. Okay. And, um, initially unbeknownst to me, but became quite obvious is that she was dealing with a pretty substantial family legal trouble.

[02:17:32] Commonwealth:

Okay. Let me start with, you had mentioned your separation. When you met Anna Walsh in that late fall, excuse me, late winter, early spring, you were recently separated.

[02:17:44] Witness:

My wife and I have been estranged since late November to early December of, I guess it would have been 2021.

[02:17:57] Commonwealth:

Okay. So just a few months.

[02:18:01] Witness:

Yeah.

[02:18:02] Commonwealth:

Okay. And you had two young sons?

[02:18:04] Speaker 05:

Yes.

[02:18:05] Commonwealth:

Okay. I think you had mentioned that Mrs. Walsh, Anna Walsh had described an argument that she had with Brian Walsh about some charges on a credit card.

[02:18:18] Speaker 05:

Yes.

[02:18:18] Commonwealth:

So they had an argument about finances or money. Yes. Okay. During your marriage, did you ever have an argument or disagreement with your wife about finances or money?

[02:18:30] Speaker 05:

Yes.

[02:18:32] Commonwealth:

You had also mentioned that there was an argument, I guess, on or around Christmas Day between Anna Walsh and Brian Walsh, right?

[02:18:43] Speaker 05:

Yes.

[02:18:44] Commonwealth:

And am I correct? Excuse me. Am I correct that this argument was because she was delayed in coming home?

[02:18:52] Speaker 05:

Yes.

[02:18:53] Commonwealth:

Christmas Day?

[02:18:54] Speaker 05:

Yes.

[02:18:55] Commonwealth:

OK. And so it's Christmas Day. They have three sons and her flight gets canceled and she's late coming up, right?

[02:19:02] Speaker 05:

Yes.

[02:19:03] Commonwealth:

And so from what you talked to her about, that was upsetting to Mr. Walsh.

[02:19:08] Speaker 05:

Yes.

[02:19:15] Commonwealth:

The property that she purchased for the family, that was about $1.3 million. Yes. And was it paid for in cash? Was there a mortgage?

[02:19:29] Witness:

I believe there was a mortgage.

[02:19:30] Commonwealth:

Okay. And it was a four-floor townhouse?

[02:19:34] Witness:

Yes.

[02:19:34] Commonwealth:

How many bedrooms?

[02:19:36] Witness:

Four.

[02:19:37] Commonwealth:

Four. So one for each boy and then a master bedroom for Mr. Walsh and Anna Walsh?

[02:19:42] Witness:

Correct.

[02:19:42] Commonwealth:

Okay. When you initially became friends with Anna Wall, I think you said you would communicate with her through text message and Instagram?

[02:20:00] Speaker 05:

Yes.

[02:20:01] Commonwealth:

And Instagram, you said it's private. I think the kids say DM. You would DM each other?

[02:20:08] Witness:

Sure.

[02:20:08] Commonwealth:

OK. So when you were communicating on Facebook, you weren't posting romantic, intimate messages on her public Facebook page?

[02:20:16] Witness:

I was not.

[02:20:18] Commonwealth:

And I think you had told us that you would comment on her page, but would you comment like, love you, can't wait to see you soon? Or would it be something like, oh, fun night or great pic?

[02:20:28] Witness:

It was more the latter.

[02:20:30] Commonwealth:

OK, so they weren't flirtatious, open messages. No. OK. And you had mentioned on her Instagram that I think, or maybe you didn't, she would post a lot.

[02:20:40] Speaker 05:

Yes.

[02:20:40] Commonwealth:

OK. You were never in any of those photographs.

[02:20:45] Witness:

I believe that she referenced me in one of those photographs. She had attended a yoga event that I had hosted. And she had posted a picture of herself at that event. And I believe that she had tagged me in that photo.

[02:20:59] Commonwealth:

Well, you were the hoax, right?

[02:21:00] Witness:

Yes.

[02:21:00] Commonwealth:

You set it up.

[02:21:01] Witness:

Yes.

[02:21:02] Commonwealth:

So she went, it was like, you know, hashtag thanks, Will, for yoga type thing.

[02:21:06] Speaker 05:

Yes.

[02:21:06] Commonwealth:

OK. And your Instagram page, you weren't posting pictures of the two of you on that page.

[02:21:14] Witness:

I was not.

[02:21:20] Commonwealth:

The timeline of your relationship with Anna, how quickly did it go from friends to more than friends?

[02:21:28] Witness:

Fairly quickly.

[02:21:29] Commonwealth:

Bless you. So were you intimate with her after a week, after a month? When did you start becoming intimate?

[02:21:36] Witness:

To be honest, I don't remember the exact moment. But I know it was very shortly after her move to Washington, DC.

[02:21:42] Commonwealth:

OK. You had mentioned, I think, that things had gotten more serious in July. So it had been going on for a few months at that point.

[02:21:50] Witness:

That's correct.

[02:21:52] Commonwealth:

So from the spring of 2022 through New Year's Eve of 2022, during your conversations or time with Anna Walsh, she never told you that Brian was suspicious of you.

[02:22:10] Witness:

I had asked Anna what Brian's reaction would be if she ever found out.

[02:22:14] Commonwealth:

My question is not what you asked her. My question is, at no point did she ever come to you concerned and say, I think my husband knows I have an affair or he's suspicious of you.

[02:22:26] Witness:

We had one episode where Brian called me while we were out to dinner and I showed the phone to Anna because it was unusual for Brian to call me. Anna then later called Brian, and Brian had claimed that one of their children had taken his phone and called me by accident. That would be the closest thing that had happened where we felt concern that maybe Brian had found out.

[02:22:51] Commonwealth:

So I guess I'm not asking if you felt concerned. I mean, you're having an illicit affair. You're always kind of concerned someone's going to find out, right?

[02:23:00] Witness:

I mean, I suppose.

[02:23:06] Commonwealth:

you would say, oh, I think Brian is suspicious that I'm having an affair.

[02:23:10] Witness:

Anna never texted or called me and said that she felt that Brian knew that we were having an affair.

[02:23:16] Commonwealth:

You had mentioned that you had introduced or socialized with your friends and Anna Walsh.

[02:23:26] Speaker 05:

Yes.

[02:23:27] Commonwealth:

The friends that you had that you would socialize with Anna Walsh, they weren't connected to Brian in any way.

[02:23:33] Witness:

No. Except for Jem Mutlu.

[02:23:37] Commonwealth:

Okay, and did Jem Mutlu ever come to DC?

[02:23:40] Witness:

He did not, but we had correspondence. Okay.

[02:23:43] Commonwealth:

And as far as you know, well let me ask you this, you didn't tell Jem Mutlu about your relationship with Anna?

[02:23:50] Witness:

I don't recall.

[02:23:51] Commonwealth:

You don't recall? Okay. Anna never told Jem Mutlu about your relationship.

[02:24:00] Witness:

I'm sorry, is that a question?

[02:24:01] Commonwealth:

It sure is.

[02:24:03] Witness:

I don't know what Anna told Jim Mutlow or what she didn't.

[02:24:07] Commonwealth:

So Jim Mutlow was the reason you guys met, right?

[02:24:10] Witness:

Correct.

[02:24:11] Commonwealth:

You guys, or you were good friends?

[02:24:15] Witness:

I would say that we were professional associates.

[02:24:17] Commonwealth:

Okay.

[02:24:21] Witness:

Actually, let me couch that. I would say we were friends.

[02:24:25] UNKNOWN:

Okay.

[02:24:42] Commonwealth:

Did you and Anna ever socialize with Jem Mutlu together?

[02:24:44] Witness:

Not to my knowledge, no. Not that I recall.

[02:24:51] Commonwealth:

So did you ever go to dinner with Jem and hold hands with Anna, flirt with her in front of Jem? No. No. So would it be fair to say that you were keeping this from a mutual friend of yours?

[02:25:05] Witness:

I don't know if I was keeping it from him. Jim Mutlow and I had numerous conversations during the time that I knew Ana. We've had conversations following Ana's disappearance. And frankly, it's a little difficult for me to tell you what Jem knew or when, or what I told him. I mean, this is something that's played out over three years, so...

[02:25:29] Commonwealth:

Your answer is you don't know if you ever told Jem Mutlu about your romantic relationship with Anna Walsh.

[02:25:37] Witness:

I don't know if I told her before she disappeared.

[02:25:40] Commonwealth:

Okay. So you talked to him after?

[02:25:42] Witness:

Yes.

[02:25:43] Commonwealth:

And you told him after that you were in a romantic relationship?

[02:25:47] Witness:

He certainly knew after that we were in a romantic relationship.

[02:25:49] Commonwealth:

Because you told him?

[02:25:51] Witness:

Yes, I believe so.

[02:25:52] Commonwealth:

But you don't know if you told him when you and Anna were dating?

[02:25:57] Witness:

I cannot recall if I told him before or after.

[02:25:59] Commonwealth:

Okay. You had mentioned on directs that you and Anna had conversations about your future.

[02:26:06] Speaker 05:

Yes.

[02:26:10] Commonwealth:

And going into the Christmas holidays, I know you were going to Idaho. Anna Walsh was planning to head back. At that point, there was never any specific plan for Anna to tell Brian about her relationship with you.

[02:26:25] Witness:

Not that I'm aware.

[02:26:28] Commonwealth:

Well, you've been asked questions and testified about this before, right?

[02:26:36] Witness:

That's correct.

[02:26:37] Commonwealth:

And when you testified, am I correct, Either Mr. Connor or Ms. Yaz were asking you questions about the nature of your relationship with Mrs. Walsh.

[02:26:49] Witness:

Is this reference to the grand jury testimony?

[02:26:53] Commonwealth:

Yeah. In fact, let me probably ask you this. Have you had a chance before you flew up today to review your grand jury testimony?

[02:26:58] Witness:

I reviewed my grand jury testimony with the state via a call that was, I think, over a month or two ago.

[02:27:09] Commonwealth:

OK. You were specifically asked in March of 2022 if there was any specific plan to tell Brian about your relationship with Anna. And you told the grand jury that day that there was not.

[02:27:25] Speaker 05:

That is correct.

[02:27:26] Commonwealth:

So there was no plan as Anna went home for Christmas to be with her family that she was going to come clean and tell Brian about you.

[02:27:35] Witness:

As I said, there was no plan that I was aware of.

[02:27:38] Commonwealth:

She never told you, hey, Will, I'm going to go home, I'm going to talk to Brian, I'm going to blow up my marriage and come be with you. She never told you that.

[02:27:46] Witness:

That is correct.

[02:27:47] Commonwealth:

She didn't tell you, I really want to tell him I just want to be with you before she went home for Christmas.

[02:27:53] Speaker 17:

Objection.

[02:27:55] Commonwealth:

Sustained.

[02:27:57] Witness:

That is correct.

[02:28:01] Commonwealth:

You guys never communicated on Facebook Messenger, right?

[02:28:06] Witness:

We may have, I don't recall.

[02:28:10] Commonwealth:

Well, did you have a Facebook page?

[02:28:11] Witness:

Yes.

[02:28:12] Commonwealth:

And did Anna have a Facebook page?

[02:28:14] Speaker 05:

Yes.

[02:28:15] Commonwealth:

And did you turn over any Facebook messages between yourself and Mrs. Walsh to the police?

[02:28:21] Witness:

I don't believe so.

[02:28:26] Commonwealth:

I think you had told us that Anna would never want, or maybe I'm paraphrasing, but Anna would never want her husband Brian to find out about the two of you inadvertently, right?

[02:28:41] Speaker 05:

Correct.

[02:28:42] Commonwealth:

That I think you mentioned integrity was the word that she used that if anyone was going to tell him she wanted to be the person to do that. Correct. And at least in December heading into Christmas there was no plan to tell him.

[02:28:55] Witness:

Not that I was aware of.

[02:28:58] Commonwealth:

You had mentioned that you guys would go to dinners together?

[02:29:01] Witness:

Yes.

[02:29:02] Commonwealth:

Did you ever go to dinner with a woman by the name of Alyssa Kirby?

[02:29:06] Witness:

Not that I recall.

[02:29:07] Commonwealth:

And Alyssa Kirby is a good friend of Anna's that also lived in D.C.?

[02:29:12] Speaker 05:

Yes.

[02:29:13] Commonwealth:

And she would socialize with Alyssa Kirby?

[02:29:15] Speaker 05:

Yes.

[02:29:17] Commonwealth:

You also mentioned that you go to bars together. Yes. Would Alyssa Kirby ever join you and have a few drinks, the three of you?

[02:29:25] Witness:

Not that I recall.

[02:29:27] Commonwealth:

I think you mentioned that you brought her to some work functions?

[02:29:30] Speaker 05:

Yes.

[02:29:31] Commonwealth:

Okay. And at those work functions, As far as you knew, there was no one who knew Brian Walsh at those work functions.

[02:29:39] Witness:

That's correct.

[02:29:42] Commonwealth:

And again, not to belabor this, but I think you went on boating trips, you went to the movies. This was with either just Anna or with your friends.

[02:29:51] Witness:

Yes, the only exception to that was I did go to a work event that Anna's company held. It was a Tishman Spire Architects Forum.

[02:30:02] Commonwealth:

Okay. And this was in D.C.?

[02:30:03] Witness:

Yes.

[02:30:04] Commonwealth:

And Tishman Spire is one of the things they do. Is there a real estate management company? I'm probably fumbling that.

[02:30:12] Witness:

I think that they're a real estate management and development and investment company.

[02:30:18] Commonwealth:

Okay. And you're a realtor?

[02:30:19] Witness:

Yes. Okay.

[02:30:20] Commonwealth:

So when you were there, were you kind of talking shop with other people there or colleagues there?

[02:30:25] Witness:

I was there in a professional capacity.

[02:30:27] Commonwealth:

In a professional capacity? Yes?

[02:30:29] Witness:

Yes.

[02:30:30] Commonwealth:

Okay. And again, as far as you knew, there was no one at this professional or this function you went to for professional reasons that Mr. Walsh would know?

[02:30:39] Witness:

Not that I'm familiar with, no.

[02:30:41] Commonwealth:

And I'm assuming, because you mentioned you were there in a professional capacity, you guys aren't holding hands and kissing and flirting with each other in front of other people.

[02:30:49] Witness:

We are not, but I was her guest. Excuse me? I was her guest. I was invited by Anna Walsh.

[02:30:55] Commonwealth:

No, I understand. But at this function that you described, you were there professionally as a real estate agent. You guys aren't playing kissy face and holding hands in front of people. No. You had mentioned that Mrs. Walsh had talked to you about Brian's federal case, right? Yes. And in the summer of 2022, The expectation and hope was that Mr. Walsh would not have to go to jail.

[02:31:23] Witness:

That was my understanding.

[02:31:24] Commonwealth:

And the plan was for the entire family to relocate down to DC.

[02:31:29] Speaker 05:

Yes.

[02:31:30] Commonwealth:

And live in that townhouse.

[02:31:31] Speaker 05:

Yes.

[02:31:32] Commonwealth:

And I think you had said that Mrs. Walsh was the breadwinner.

[02:31:35] Speaker 05:

Yes.

[02:31:36] Commonwealth:

And so her job was, you know, she had kind of the big job, so then that's where the family would go.

[02:31:41] Speaker 05:

Yes.

[02:31:42] Commonwealth:

I want to talk to you a little bit about her job and her hours. I think you had said you'd see her two to three times a week. Roughly what were her hours Monday through Friday?

[02:31:55] Witness:

I don't honestly know. I assume they were nine to five unless she had to work late for either an event they were hosting or management responsibilities with one of the properties that she was in charge of.

[02:32:07] Commonwealth:

Okay. So it wouldn't be uncommon that she might have to work late or go to a function.

[02:32:11] Witness:

Yes.

[02:32:11] Commonwealth:

Okay. And were there ever any times where she'd have to go in early for a meeting or something came up?

[02:32:20] Witness:

Probably.

[02:32:21] Commonwealth:

OK. And you mentioned, I guess, professional functions. How often would that happen?

[02:32:30] Witness:

I couldn't say.

[02:32:31] Commonwealth:

OK. Well, I'll talk to you about that in a minute, but we're going to go to our morning break. Witness may step down. Good objection. I think she's asking things that he said he doesn't know. So she wants you to lay the foundation.

[02:33:31] Commonwealth:

I didn't hear what she said.

[02:33:32] Commonwealth:

She said he said he didn't know. Everybody can be seated. We don't all be standing.

[02:33:37] Commonwealth:

He didn't know what she knew.

[02:33:40] Commonwealth:

Oh, that's fine. She's just asking you to lay the foundation that he has a basis for knowing.

[02:33:44] UNKNOWN:

OK.

[02:33:45] Commonwealth:

Anybody need anything? No, thank you. All right.

[02:35:08] UNKNOWN:

you . .

[02:38:15] Speaker 03:

Thank you.

[02:39:16] UNKNOWN:

Thank you. Thank you. Thank you. Thank you. Thank you. . . . . Okay. Thank you. So, I'm going to go ahead and get started. Thank you very much. you . . . . . . . . . Thanks. Thank you. . .

[02:57:50] Speaker 02:

Yes sir.

[02:58:57] Speaker 23:

Steer is entering. You may proceed.

[02:59:45] Commonwealth:

Thank you Judge. Good afternoon or good morning again. Before the break we were talking about whether or not there was any definitive plan for Anna to tell Brian about your relationship. I want to talk to you a little bit more about conversations that you did have with her in which she told you that If Brian was going to find out, she wanted it to be from her, right?

[03:00:14] Speaker 05:

Yes.

[03:00:16] Commonwealth:

And that it would really upset her if he found out any other way?

[03:00:21] Speaker 05:

Yes.

[03:00:22] Commonwealth:

To the point where it would devastate her if Brian ever found out that she was having an affair?

[03:00:28] Speaker 05:

Yes.

[03:00:30] Commonwealth:

And you had mentioned, I think on direct, that you had conversations about a future together?

[03:00:36] Speaker 05:

Yes.

[03:00:37] Commonwealth:

But you never had extensive concrete conversations about being together and when that would happen.

[03:00:45] Witness:

Correct.

[03:00:46] Commonwealth:

And at the time, at this timeframe that summer, fall and winter of 2022, you were also in no position to start an openly start a new relationship with another person.

[03:01:07] Witness:

If you mean that I had not finalized my divorce, that is correct.

[03:01:10] Commonwealth:

No. You were in a position that because your older son would have been devastated if you started bringing another woman around.

[03:01:22] Speaker 05:

Yes, I did say that.

[03:01:24] Commonwealth:

And if I'm correct, I believe on page 36 of exhibit 145, which are text messages that you turned over. Oh, apologize. No, it is 36. And this is the text message that you turned over, just to be clear, are from December 29th of 2022 through January 5th of 2023.

[03:01:59] Witness:

I assume that's correct.

[03:02:01] Commonwealth:

Want me to approach so you can look at it?

[03:02:05] Commonwealth:

Sure. You certainly may.

[03:02:08] Commonwealth:

Am I correct in the text messages that you provided? It starts at December 29th of 2022?

[03:02:14] Witness:

Yes, that's what it says on the cover page here.

[03:02:18] Commonwealth:

And on page 36, I can approach again if you need it. You say, he can't imagine me with someone else. Like all children of separated parents, he deeply wants us to reconcile. Introducing him to someone else would destroy that fantasy. It would crush him now. Right?

[03:02:40] Speaker 00:

Yes.

[03:02:40] Commonwealth:

And that was right around Christmas time in New Year's that you texted Anna Walsh that.

[03:02:45] Speaker 00:

Yes.

[03:02:46] Commonwealth:

So you had no intentions of having any immediate plans to openly start dating Anna Walsh with your two young boys.

[03:02:53] Speaker 05:

Correct.

[03:02:54] Commonwealth:

You were a concerned dad. You loved your son. You were protective of his feelings.

[03:02:58] Speaker 05:

Yes.

[03:03:06] Commonwealth:

At the same time you were having conversations just about her marriage and your relationship, you knew that it was always a possibility. after having these conversations that Anna would stay with Brian, the father of her children. Yes. And while she would talk to you about arguments they had about finances or the stress of his federal case, she always spoke to you about him in a positive light.

[03:03:32] Speaker 05:

Yes.

[03:03:35] Commonwealth:

And you knew from her, from her words, that she cared for him deeply.

[03:03:39] Witness:

Very much so.

[03:03:41] Commonwealth:

And I believe during these times when you would talk about her relationship with Brian Walsh, she wanted everyone to see him in the light that she saw him.

[03:03:51] Witness:

Very much so.

[03:04:01] Commonwealth:

The text messages that you turned over to the police Am I, is it fair to say that the police asked you questions about whether or not you had any information that Mr. Walsh had discovered your affair with his wife?

[03:04:19] Speaker 05:

Yes, I'd say that's fair.

[03:04:21] Commonwealth:

Okay. And you understood that anything that could help them in determining if Mr. Walsh had discovered your relationship, you would turn over or it would be helpful? Yes. And so I asked you about Facebook and you said you don't remember.

[03:04:38] Witness:

That's correct.

[03:04:39] Commonwealth:

Well, so you don't remember if you would send any flirtatious, sexy or intimate messages or posts on Facebook? Isn't that something you would remember if you're trying to keep it a secret?

[03:04:53] Witness:

I don't recall if I used Facebook Messenger as a means of communication with Anna Walsh. I would periodically delete messages. I don't recall if I had deleted messages from Facebook. I had certainly deleted messages from Instagram and text messages I had had over the term of our relationship. Honestly, I said things to Anna that I might have found embarrassing that I just didn't want to look at, so I would delete the messages.

[03:05:30] Commonwealth:

But you weren't trying to hide it from anyone. It was just your own kind of squeamishness or embarrassment from whatever you had said.

[03:05:38] Speaker 03:

Yeah.

[03:05:39] Commonwealth:

Okay.

[03:05:55] Speaker 15:

One moment, your honor.

[03:05:59] Commonwealth:

Yes.

[03:06:05] Speaker 17:

Nothing further. Thank you, sir.

[03:06:09] Commonwealth:

Redirect. Nothing. Thank you. The witness may step down. Commonwealth may call its next witness.

[03:06:31] Commonwealth:

Commonwealth will call Christopher Merkel. May I proceed your honor?

[03:07:13] Commonwealth:

You may.

[03:07:13] Commonwealth:

Thank you. Sir, could you please state your name and spell your last name for the record? Christopher Murphy, M-U-R-P-H-Y. What do you do for work, sir? Construction. Where were you working in January of 2023?

[03:07:25] Speaker 25:

I was working at a painting company. I'm sorry, I haven't been working there for three years. It's okay.

[03:07:33] Commonwealth:

It's been a while. All right, so you were working at a painting company. Yes. How long do you think you were at that painting company? A year. And in that time, what were your responsibilities at that company? I was a salesperson. OK. In January of 2023, were you running any specials at that point in time? Yes. What was the specials? We were offering 15% off any work that people needed to have done. And so how were you contacting people at this point in time to offer the special?

[03:08:03] Speaker 25:

We were calling all our past customers that we used to work for. And we do like a cold call kind of thing. And I called a bunch of people that day and the defendant was one of them.

[03:08:21] Commonwealth:

Well, let me get to that. So, when you were calling people, do you remember what phone number you were calling from? Was it a work number? It was a work phone, yes. And if I were to tell it to you, would you, actually I'll ask you right now, do you remember that work number right now?

[03:08:32] Speaker 25:

No, I don't.

[03:08:33] Commonwealth:

Because it's been three years, you haven't had time to remember where you were. I remember my own number. All right. So, at that point in time, was the number 774-534-2005 your work number? Possible. Okay, possible. Now, you said that you were calling people offering this special. And so at any point in time, did you have the opportunity to reach out to Mr. Brian Walsh?

[03:09:00] Speaker 25:

Yes, I did.

[03:09:01] Commonwealth:

OK, can you explain to us how?

[03:09:04] Speaker 25:

Well, we got a list of customers that were past customers. And each salesperson got a certain list. My area was in the Hingham area. So I just went down the list and called customers. And he was one of the customers on the list. What day did you make this call? January.

[03:09:26] Commonwealth:

OK, early or late? Early, yeah. OK. Did you ever have the opportunity to connect with Mr. Walsh? I did, yes.

[03:09:34] Speaker 25:

And so what was the conversation you had with him? Again, just talking about work that possibly needed to be done. And he stated that he didn't need any work to be done.

[03:09:45] Commonwealth:

OK. And then did you ever have any subsequent communications with Mr. Walsh? Excuse me. I'm sorry. Can you repeat? Did you ever have the chance to talk or communicate with him again? Once, I believe. OK. And how did that occur? It was really quick. Quick. Was it a phone call or a text message? It was a phone call. OK. And who called who?

[03:10:05] Speaker 25:

I called him first, and then I received a text later on during the day.

[03:10:10] Commonwealth:

OK. And you said he received a text?

[03:10:13] Speaker 25:

Yeah.

[03:10:13] Commonwealth:

To a cell phone? Yes. All right. And, um.

[03:10:22] Commonwealth:

Yes.

[03:10:27] Commonwealth:

Do you recognize these images, sir?

[03:10:28] Speaker 25:

Yes, I do.

[03:10:29] Commonwealth:

What are they, sir?

[03:10:30] Speaker 25:

They were pictures sent to me describing a ceiling that needed to be repaired.

[03:10:36] Commonwealth:

OK. Now, the pictures that you're looking at here, sir, are they the pictures that were sent to you, or are they pictures of the phone with the pictures on them?

[03:10:44] Speaker 25:

No, well, they're pictures of the phone. But they were sent to me, yes.

[03:10:47] Commonwealth:

Certainly. And are they your phone?

[03:10:48] Speaker 25:

Yes.

[03:10:49] Commonwealth:

Does Commonwealth would seek to have these marked as the next two exhibits?

[03:10:53] Commonwealth:

Any objections? None, Your Honor. Pictures of the... phone of the messages are now in evidence as Exhibit 150-151. Thank you.

[03:11:25] Commonwealth:

Ms. Gilman, if we could have what's now been marked as exhibit 150, which has a file name of Christopher Murphy picked page one. Sir, can you see this on the screen?

[03:11:40] Speaker 25:

Yes, I can.

[03:11:41] Commonwealth:

OK. So whose phone is it we're looking at on the screen? That is my phone. OK. And sir. We're looking at your phone. What is the message that begins this threat? Could you read out loud?

[03:11:59] Speaker 25:

I'm sorry. Let me just change glasses here. Oh, that's okay. It just says his address. Okay. Does it say any names? Phone number. Could you just read the message, sir? It says, Hello, Brian Walsh, S-16 Chief Justice Cushing Highway.

[03:12:19] Commonwealth:

And does it have a phone number attached to it? Yes, it does. All right. And underneath that, sir, you said there's a picture?

[03:12:27] Speaker 25:

Yes, there is.

[03:12:29] Commonwealth:

Ms. Gilliland, can you scroll down again? Thank you. And can we have exhibit 151, which is Christopher Murphy, page 2. Sir, I'm going to direct your attention to the bottom of this thread. Gilman, if you could enhance this. Sir, at the end of the thread, what is the message?

[03:13:05] Speaker 25:

It says, good morning. Let me know about the ceiling. Best, Brian. And what's the date on the message? January 6.

[03:13:12] Commonwealth:

So sir, did you have any phone communications with Mr. Walsh besides the initial one in relation to this damage to the ceiling?

[03:13:22] Speaker 25:

No.

[03:13:23] Commonwealth:

Okay. Nothing further, Your Honor.

[03:13:28] Commonwealth:

Any cross-examination? No questions. Thank you, sir. The witness may step down. Thank you. The Commonwealth may call its next witness.

[03:13:45] Commonwealth:

The Commonwealth would call Suzanne Garland.

[03:14:12] Speaker 02:

You may proceed.

[03:14:27] Commonwealth:

Good morning. Good morning. Could you please state your name for the record and spell your last name?

[03:14:32] Speaker 13:

Suzanne Garland, G-A-R-L-A-N-D. And what is your occupation, ma'am? I own a bar method studio. It's a bar workout in Hingham Center. And how long have you owned the Bar Method in Hingham Center? Since September of 2021 I opened the studio. And is that a franchise? It is, yes. And how many Bar Methods are in the United States? I think at this point about 100. And where exactly is your studio? It's right in Hingham Center, sort of on South Street, 99 South Street across from CBS.

[03:15:10] Commonwealth:

And how many employees do you have at your studio? 16. And how many clients did you have in 2022 into 2023?

[03:15:19] Speaker 13:

I would say about 160 active clients.

[03:15:24] Commonwealth:

And at that time, did you keep and maintain records for your business? Yes.

[03:15:32] Speaker 13:

And what kind of records did you maintain? We maintained membership agreements and class history purchases, time and date of classes taken, the number of classes each client took. And how did you keep those records? Electronically. And why do you keep those records? For regular course of business, but also to report to our franchise. And do you have a corporate email? Yes. And what is that corporate email? I have two actually. One is Hingen at BarMethod.com and the other is my personal business email which is Suzanne.Garland at BarMethod.com.

[03:16:13] Commonwealth:

And you also keep payment information? Yes. And do you maintain all communications with clients in good faith? Yes. And do you keep your records in good faith as well?

[03:16:25] Speaker 13:

Yes.

[03:16:26] Commonwealth:

Did you know Ana Walsh?

[03:16:28] Speaker 13:

I did.

[03:16:30] Commonwealth:

And how did you know Ana Walsh?

[03:16:32] Speaker 13:

I knew Ana for several years, actually prior to owning the Bar Method. It was, it existed in Hingham Center. Another woman in town had owned it before and I used to take classes there with Ana all the time. She and I would be there four times a week together taking classes. And then when I reopened the studio after COVID in 2021, she signed up right away. And again, she was coming four days a week up until on the time that she was moving.

[03:17:01] Commonwealth:

And what kind of membership did she initially have with you?

[03:17:05] Speaker 13:

She purchased a Club Bar Unlimited membership, which allowed her to take as many classes as she wanted during the month for a fixed price.

[03:17:15] Commonwealth:

And did you have a membership agreement with her? I did, yes. May I approach on her? Do you recognize this?

[03:17:36] Speaker 13:

Yes, this is our month-to-month membership agreement that we keep with all clients on the unlimited plan.

[03:17:41] Commonwealth:

And I'd ask you to look at the last page.

[03:17:50] Speaker 13:

This is her signature. It's at the agreement with Anna Walsh. Yes.

[03:18:02] Speaker 17:

Your honor, I've asked that this be the next exhibit.

[03:18:04] Commonwealth:

Any objection?

[03:18:05] Speaker 17:

No, your honor.

[03:18:07] Commonwealth:

Marked and admitted into evidence, the membership agreement of Anna Walsh for bar method is in evidence as 152.

[03:18:14] Commonwealth:

Ms. Garland, as part of the membership agreement, are members asked about their health? Yes. And do they have to sign off for medical information?

[03:18:33] Speaker 13:

They have to sign that they are fit to take classes.

[03:18:36] Commonwealth:

Why is that?

[03:18:38] Speaker 13:

For liability purposes for the studio.

[03:18:43] Commonwealth:

So in December of 2022, how often would Anna Walsh attend Bar Method?

[03:18:51] Speaker 13:

So she would be coming whenever she was in town. She was doing quite a bit of traveling back and forth to DC at that time. So I think she was there three or four times, at least, whenever she could come in, she wanted to be there.

[03:19:05] Commonwealth:

So do you mean three or four times a week or something else?

[03:19:09] Speaker 13:

I think December of 2022, she was there three or four times total, right?

[03:19:16] Commonwealth:

And did she have a membership at that time?

[03:19:19] Speaker 13:

She did not. She was paying drop-in classes.

[03:19:22] Commonwealth:

And did you have communication with her about the classes via email?

[03:19:28] Speaker 13:

Yes. She had emailed me when she found out that she was getting the new job in DC. She emailed me that she needed to discontinue her month-to-month unlimited class membership and that she would drop in when she was around. When she came back to DC in December of 2022, she emailed me, I believe it was December 30th, saying that she had purchased a drop-in class, but she would rather do a special we were offering, which allowed her to take an unlimited amount of classes over the next month because she was going to be in the area more.

[03:20:08] Commonwealth:

And you said when she came back, she came to DC. But did you mean when she came to Colfaxet?

[03:20:13] Speaker 13:

When she came to Hingham, yes.

[03:20:15] Commonwealth:

OK. And did you maintain the email communication that you had with her in your normal course of business?

[03:20:23] Speaker 13:

I did, yes. I kept my email from her, and I have it to this day. OK.

[03:20:32] Commonwealth:

Your Honor, may I approach?

[03:20:33] Commonwealth:

You may.

[03:20:43] Commonwealth:

I'm showing you three documents if you could look at those.

[03:20:57] Speaker 13:

Yes. And what are those documents? These are email communications from Anna to me. The first one is letting me know that she had gotten the new job opportunity in DC and telling me how wonderful her experience at the Bar Method had been. However, the last 10 years, she's taken classes in DC in the Boston locations. She said, we have developed an incredible team culture and feeling of being cared for. She loves the energy of the studio. She asked if we were ever considering opening one in DC. That was the first email. The second email was the one that I mentioned on December 30th, asking if she qualified for the 30-day unlimited special we were offering for $79. If so, could she exchange the single class that she booked for it, which is $29, and apply that towards the $79 special? And then I responded to her on January 1st, because I was away on vacation at that time. And I said, technically, you don't qualify it, since she had been in the studio recently. But I would honor it, since her situation was so different than the norm.

[03:22:08] Commonwealth:

Your Honor, it asks that those be the next three exhibits.

[03:22:13] Commonwealth:

No objection.

[03:22:14] Commonwealth:

All right. They'll be marked and admitted into evidence. So the three different emails are one from, what are the dates of those emails?

[03:22:25] Speaker 17:

The first would be from February 27th of 2022.

[03:22:32] Commonwealth:

Okay. That's in as 154. Well, did I mess that up? 153. Okay. So as it was coming out, I looked back up and saw there was no 153. So 153 is the email from 22722. 154 is what? Date?

[03:22:57] Speaker 17:

154 would be 12-30-2022.

[03:23:03] Commonwealth:

Okay. And the third one?

[03:23:05] Speaker 17:

The third one would be January 1st, 2023. All right.

[03:23:10] Commonwealth:

Those three are now in evidence 153 to 155.

[03:23:35] Commonwealth:

And did you also keep the registration for December 31st of 2022?

[03:23:41] Speaker 13:

The class registration log?

[03:23:44] Commonwealth:

Yes, I apologize.

[03:23:45] Speaker 13:

Yes, we do.

[03:23:47] Commonwealth:

Thank you for correcting me. And that's maintained in the normal course of business? Yes, we have records of every single class. And I'd ask that this be the next exhibit.

[03:23:59] Commonwealth:

Any objection? On your honor. Class registration for the bar method is in evidence. It's 156.

[03:24:13] Commonwealth:

May I approach, Your Honor?

[03:24:20] Commonwealth:

You may.

[03:24:28] Commonwealth:

And seeing that document, ma'am, do you Does that show, what does that show?

[03:24:34] Speaker 13:

This shows that Anna Walsh created a reservation for class on the morning of December 31st. She did that on December 30th at 1118 p.m. And it shows that she was checked in for class on December 31st at 817 p.m. And does that show that she attended that class? Yes.

[03:25:00] Commonwealth:

Thank you. And across, just briefly. Good morning.

[03:25:08] Commonwealth:

Getting there. In the email that Mrs. Walsh had sent you asking to convert her drop-in to the unlimited monthly, that was on December 31st?

[03:25:22] Speaker 13:

Was it December 30th or 31st?

[03:25:24] Commonwealth:

December 30th or 31st.

[03:25:27] Speaker 13:

Yes.

[03:25:27] Commonwealth:

OK. And the reason that she was asking to do that is because she expected to be in the South Shore area You had mentioned that your studio requires a medical waiver?

[03:25:43] Speaker 13:

When you sign the month-to-month agreement, you do acknowledge in there that you are healthy and that you have conferred with your doctor.

[03:25:53] Commonwealth:

And she does that, or that person, for example, does that once when they first start coming to you as a client?

[03:25:59] Speaker 13:

They sign that every time they sign a contract.

[03:26:02] Commonwealth:

OK. So when was the last time on the wall she had signed a contract with Bar Method?

[03:26:10] Speaker 13:

I believe it was September of 2021. I don't think she was actually ever able to book that last contract she wanted to.

[03:26:19] Commonwealth:

Okay, so the health waiver that you're talking about or the medical waiver was September of 2022, excuse me, September of 2021? Yes.

[03:26:28] Speaker 13:

Okay.

[03:26:28] Commonwealth:

And the medical waiver that someone signs, do they have to provide any type of medical documentation to confirm they are in fact in good health?

[03:26:36] Speaker 13:

No, we don't require a letter from a physician.

[03:26:39] Commonwealth:

So it's just self-reporting? Yes. Yes? Yes.

[03:26:44] Commonwealth:

Any redirect? No, thank you. The witness may step down. Thank you.

[03:26:51] Speaker 13:

Do you want this? I'll take that.

[03:27:01] Commonwealth:

Commonwealth may call its next witness.

[03:27:03] Commonwealth:

The Commonwealth would call Ashley Cimino.

[03:27:27] Speaker 02:

Thank you.

[03:27:34] Commonwealth:

May I proceed? Thank you. Good morning.

[03:27:46] Witness:

Good morning. How are you?

[03:27:48] Commonwealth:

What is your name?

[03:27:49] Witness:

My name is Ashley Cimino.

[03:27:51] Commonwealth:

Can you just pull the microphone just a little bit closer? Thank you so much. And can you spell your last name for the record?

[03:27:59] Witness:

Yes, Cimino, C-I-M-M-I-N-O. And what is your occupation, ma'am? I'm a special education teacher and a bar instructor. So how long have you been a special education teacher?

[03:28:13] Commonwealth:

About seven years. And you said that you're also a bar instructor. Yes, that's correct. And where are you a bar instructor? Currently at the Bar Method in Hingham.

[03:28:25] Witness:

And where else have you taught bar classes? The bar method in Boston, both the back bay location and the financial district location when they were open.

[03:28:36] Commonwealth:

So how long have you been an instructor for bar method?

[03:28:40] Witness:

So I started working there in about 2010. And so it's been about 10 plus years since I started instructing.

[03:28:50] Commonwealth:

And how do you become an instructor for bar method?

[03:28:54] Witness:

So we go through an intensive training. We sit with a trainer from headquarters. This person goes through an entire day with us. We have to take an anatomy exam. And we go through at least three to six months of training after that, co-teaching with a veteran instructor. And following that, to maintain our certification, we have to take an annual exam.

[03:29:23] Commonwealth:

So do you need to be certified? Yes. And you have to maintain that certification yearly? Yes, every year we take an exam.

[03:29:32] Witness:

Were you familiar with Anna Walsh? Yes, when I first met her she was on a NIP. And where did you first meet Anna NIP? At the Bar Method in Boston. And when was that? Do you remember? It was probably around 2011. At that time, I was working at the front desk, and she would frequent the lunchtime class. And which bar method in Boston? The Back Bay location. So that was on Clarendon Street.

[03:30:06] Commonwealth:

And how often did you see her when you were at the bar method in the Back Bay location? Almost every day.

[03:30:15] Witness:

Did you ever see Anna Nip outside of the Bar Methods studio in Boston? Occasionally, if we were bumping into each other on the street. But that would be it. Well, did you ever see her at a different job that you might have had in Boston? Yes. She had come to one of the Celtics games that I was working at.

[03:30:36] Commonwealth:

What did you do for the Celtics?

[03:30:38] Witness:

I was a dancer.

[03:30:40] Commonwealth:

And what was her demeanor when she came to Bar Method in Boston?

[03:30:44] Witness:

She was always so warm, seeing somebody every day.

[03:30:48] Commonwealth:

Objection.

[03:30:50] Witness:

Overruled.

[03:30:51] Commonwealth:

We'll let the answer stand.

[03:30:52] Witness:

Move on. While in Boston, did you ever meet Brian Walsh? He did come into the Bar Method, yes. And how many times did you meet him? At least once or twice.

[03:31:05] Commonwealth:

Now directing your attention to Saturday, December 31st of 2022, were you working that day? I was. And where were you working?

[03:31:15] Witness:

At the Bar Method in Hingham. And which class were you teaching? I was teaching both classes. There's one around 8.15 and one around 9.15. And who was in your 8.15 a.m. class? Anna was.

[03:31:30] Commonwealth:

And how long had you been an instructor at Bar Method in Hingham at that point?

[03:31:34] Witness:

That was my first day teaching at the Bar Method in Hingham.

[03:31:38] Commonwealth:

And when did you first notice Anna Walsh?

[03:31:43] Witness:

So I wasn't familiar looking. We all get class lists of our class prior. So one of the Bar Method qualities is that we are able to call our clients by name as we're teaching them. And actually, it was because of Anna in Boston that We always clarify with our clients, is it Anna or is it Anna? So I had asked our front desk staff that day, and she was like, I believe it's Anna. So when I started class, I just made a little note of it. But she wasn't there at the start of class. When did she come in? She came in about 10 minutes late. And what did you do when she came in? Um, it was kind of like this, oh my God moment. Um, because with COVID we had closed the Boston studios. Um, and I had, you know, had three children simultaneously at the time. So I took a little step back from teaching. Um, and when those studios in Boston closed, I decided it was either going to Wellesley or Hingham and I chose Hingham.

[03:32:54] Commonwealth:

And what type of interactions did you have with her during the class?

[03:32:59] Witness:

During the class, I was instructing her. I was giving verbal adjustments, hand-on adjustments. But when she came in, we kind of had, oh my god, I can't believe that you're here. And what type of exercise do you do during a bar class? How does it work? So a bar method class, you work all your muscles in your body. You work your muscles to exhaustion, and then you stretch them to become longer and leaner, but also stay healthy and safe with your body. So can you explain how you do that? Sure. So we start off with a warm-up. You could do up to 60 push-ups in class. We move into a portion of class where you're working your thigh muscles. You work a portion of your seat. You go in to curl. And there's some stretching in between. And typically a class is 45 minutes to an hour. And you use light to heavy weights, depending on the client's choice. And do you remember how long that class was? That was a 45-minute class.

[03:34:09] Commonwealth:

And how did Anna Walsh perform during that class?

[03:34:14] Witness:

She was a powerhouse. Clients are given the option during my setup that they can do push-ups on their hands and knees, hands and feet, or up at the bar for a modification. And she was doing the push-ups on the balls of her feet, on her hands. She was completing the motions. She was someone that you wanted to take class with because she made you work harder.

[03:34:42] Commonwealth:

Did you notice any injuries on her during your class on December 31st of 2022?

[03:34:46] Witness:

No, and she did not make me aware of any that would change any of the exercises that we were doing. And after the class was over, what interactions did you have with Ms. Walsh? We chatted and actually I remember having to tell her, I'm so sorry, I can't finish our conversation because the next class was starting. So there was at least 15 to 20 minutes between when her class ended and the next one started. And what, if anything, did she say about coming to the gym in the future? So she had been so excited to see me because she had told me that I was one of her favorite instructors, and she was so happy to see that I was in Hingham. She was planning on coming to a lot more, and she wanted to know my schedule.

[03:35:36] Commonwealth:

And have you seen Anna Walsh since Saturday, December 31, 2022? I might just have one moment here. Nothing. Thank you, Your Honor.

[03:35:55] Commonwealth:

Cross.

[03:35:58] Commonwealth:

Good afternoon.

[03:35:59] Witness:

Afternoon.

[03:36:02] Commonwealth:

When was the last time you spoke to the prosecutor, your police, about your testimony today?

[03:36:08] Witness:

August, I believe.

[03:36:10] Commonwealth:

You didn't speak to them today or yesterday?

[03:36:13] Witness:

No.

[03:36:14] Commonwealth:

Okay. And you would mention that you are a special education teacher?

[03:36:18] Witness:

Yes, I am.

[03:36:20] Commonwealth:

Okay. And then you also still teach bar?

[03:36:22] Witness:

Yes, that's correct.

[03:36:23] Commonwealth:

And you're a mom?

[03:36:24] Witness:

I am.

[03:36:25] Commonwealth:

Okay. Are you, and I'm not trying to be flip with you, but you're not a doctor?

[03:36:31] Witness:

No.

[03:36:32] Commonwealth:

You're not a nurse?

[03:36:33] Witness:

I am not.

[03:36:34] Commonwealth:

Did you perform any type of medical tests on Anna Walsh on December 31st?

[03:36:40] Witness:

No, I do not.

[03:36:42] Commonwealth:

Not that I saw. I am not. No. No. I couldn't tell you.

[03:37:10] Commonwealth:

Probably.

[03:37:10] Commonwealth:

Any redirect?

[03:37:14] Commonwealth:

No, thank you. The witness may step down. Thank you. Thank you. Commonwealth may call its next witness.

[03:37:40] Commonwealth:

Thank you Your Honor. Commonwealth will call Janet Kosher.

[03:38:07] Commonwealth:

And you may proceed.

[03:38:28] Commonwealth:

Thank you, Your Honor. Good morning, ma'am.

[03:38:32] Speaker 12:

Good morning.

[03:38:33] Commonwealth:

Could you state your name and spell your last name for the record?

[03:38:36] Speaker 12:

Janet Cotter, C-O-T-T-E-R. Ma'am, what town do you live in? I live in Hingham, Massachusetts.

[03:38:46] Commonwealth:

In January of 2023, did you reach out to the Cohassa Police Department?

[03:38:51] Speaker 12:

I did.

[03:38:52] Commonwealth:

Why?

[03:38:54] Speaker 12:

I had had an interaction with Anna Walsh at a nail salon and had subsequently read about what had happened to her.

[03:39:06] Commonwealth:

So I'm going to interrupt you there. I'd like to ask you about that interaction.

[03:39:11] Speaker 12:

Certainly.

[03:39:11] Commonwealth:

Okay. Now, when did the interaction... First off, did you know Anna Walsh at all?

[03:39:18] Speaker 12:

I did not.

[03:39:18] Commonwealth:

Okay. When did this interaction with Anna Walsh occur?

[03:39:23] Speaker 12:

on New Year's Eve in 2022.

[03:39:26] Commonwealth:

And where did it occur?

[03:39:28] Speaker 12:

At a nail salon in Hingham called Glossy.

[03:39:32] Commonwealth:

And now, how did you two interact at Glossy Nails?

[03:39:39] Speaker 12:

We were just sitting side by side.

[03:39:43] Commonwealth:

And did you have the opportunity to have any conversation with Anna Walsh?

[03:39:47] Speaker 12:

I did.

[03:39:47] Commonwealth:

Okay. Well, first off, what was her demeanor when you were talking to her?

[03:39:52] Speaker 12:

She was very friendly, very open and warm.

[03:39:57] Commonwealth:

And do you remember what she was wearing?

[03:39:59] Speaker 12:

I do. She was wearing yoga pants and a yoga top.

[03:40:04] Commonwealth:

And what did she tell you about her work while the two of you were talking?

[03:40:09] Speaker 12:

I believe she told me that she was employed in commercial real estate in Washington.

[03:40:17] Commonwealth:

And where did she tell you that she resided?

[03:40:21] Speaker 12:

She resided, I believe, in Washington part-time, but also lived in Cohasset.

[03:40:28] Commonwealth:

What did she tell you about her family?

[03:40:31] Speaker 12:

She told me she had three sons.

[03:40:33] Commonwealth:

And did she say who was raising her three sons?

[03:40:38] Speaker 12:

She indicated that her husband was helpful.

[03:40:41] Commonwealth:

And what did she tell you about her plans for New Year's Eve?

[03:40:46] Speaker 12:

She told me that she was entertaining. She was having somebody over for dinner. No, I apologize.

[03:40:53] Commonwealth:

I interrupted you. Did she say anything else?

[03:40:55] Speaker 12:

She did not.

[03:40:56] Commonwealth:

And what did she tell you about her plans for New Year's Day?

[03:41:00] Speaker 12:

For New Year's Day, she told me that she was going to some kind of special dinner. Yeah, I think it was in Marblehead. And she was very much looking forward to it. She was going with just her husband.

[03:41:16] Commonwealth:

How long did the two of you talk for?

[03:41:19] Speaker 12:

Probably no more than 15 minutes, 20 minutes.

[03:41:23] Commonwealth:

And I'm not someone who gets their nails done. What were you guys doing at the nail salon?

[03:41:30] Speaker 12:

Well, we were getting a pedicure at the time, but we were there to get both.

[03:41:34] Commonwealth:

Did you see any injuries on her at this point in time?

[03:41:36] Speaker 12:

I did not.

[03:41:38] Commonwealth:

Nothing further, Your Honor.

[03:41:44] Commonwealth:

No questions. Thank you, Ms. Cotter. The witness may step down. Thank you. Commonwealth may call its next witness. The Commonwealth would call Julie Bassler.

[03:42:35] Speaker 02:

You may proceed.

[03:42:45] Commonwealth:

Thank you. I want to move up just a little bit and move that microphone in. Good afternoon. Could you please state your name for the record and spell your last name? Julie Bassler. B-A-S-L-E-R. Thank you. And what do you do for work, Ms. Bassler?

[03:43:06] Witness:

I am the Executive Director of the Learning Experience in Dedham. Work for daycare.

[03:43:13] Commonwealth:

Thank you. And how long have you worked in child care in general? Over 30 years. And where did you work in January of 2023? Kinder care in Norwell, Mass. And was that also in December of 2022? Yes, it was. Well, actually, how long did you work in Kinder care in Norwell? For one year. In that capacity as the director of the center, did you have the opportunity to know the Walsh family? Yes. And how did you know them?

[03:43:48] Witness:

They were a family that attended, the three boys attended, kindercare. And when were the children enrolled? I believe Probably around September, maybe. I might be wrong. September 2022. And how many children were enrolled?

[03:44:13] Commonwealth:

Three. And what were the ages of the children that were enrolled?

[03:44:23] Witness:

The youngest was around two, maybe about 15, 17 months. The middle child was three and the oldest, I believe, was five and a half, six at the time.

[03:44:41] Commonwealth:

And did the oldest child stay at Kindercare or did the oldest child move to the public schools? He went to the public schools, yes. So in December into January of 2023, how many children were in the school? Two. And how many days a week at that point, and I'm talking about December of 2022 into January of 2023, how many days a week did the children, did the two children attend the center? Five days a week. And who dropped off the two Walsh children?

[03:45:12] Witness:

Brian Walsh and sometimes the grandmother would be with them.

[03:45:17] Commonwealth:

And by the grandmother, do you know the name of the grandmother? I unfortunately forgot. And do you know whose mother?

[03:45:26] Witness:

Brian Walsh's mom.

[03:45:27] Commonwealth:

And what time was the typical drop off for those children? What time did Brian Walsh typically drop them off?

[03:45:35] Witness:

I really can't remember, maybe 8.39, maybe 9, closer to 9.

[03:45:43] Commonwealth:

And what about pickup? Who would do the pickup? Brian Walsh as well. And do you see Brian Walsh in the courtroom today? Yes. Can you please point him out? Yes. And can you say an article of clothing? A pink tie and white shirt. Your Honor, might the record reflect that the witness has identified the defendant?

[03:46:04] Commonwealth:

The record will so reflect.

[03:46:06] Commonwealth:

And how often did you see Mr. Walsh's mother at the center?

[03:46:10] Witness:

Maybe once a week. And what time of day would that be? Usually in the mornings around 9, drop off time.

[03:46:21] Commonwealth:

And did you ever see Anna Walsh at the center?

[03:46:23] Witness:

I saw her a few times. Usually I would see her at pickup. And what days would that be?

[03:46:30] Commonwealth:

Usually a Friday. And how many times do you think you saw Anna Walsh at pickup? Three or four. How many classrooms are at Kinder Care?

[03:46:48] Witness:

Maybe nine or ten. How many students? I would say at that time around a hundred. Can you tell us the layout of the Kinder Care and Norwell? Sure. You walk in the front door and you need the key code to enter the building and then there is a good-sized lobby. And you go through another door with another keypad code to get in to the building. But the director's office and the assistant director's office is, when you walk into the lobby, there is a door that opens. And if we were in the office, that door would generally be open to greet parents and families. And you could also go through that office to the hallway. So depending on which door you went, you would walk into a long hallway and if you went to the left it would be the preschool ages and if you go to the right it would be infant and the toddler ages.

[03:47:55] Commonwealth:

And when Mr. Walsh dropped off the children, how would he generally enter

[03:48:01] Witness:

I usually we would say hello in most days he would come through the office in the boys like to go through the office.

[03:48:12] Commonwealth:

And what, if anything, did you do to help him to get into the center?

[03:48:18] Witness:

Sometimes we would just have them go through the office. That would be where the boys usually came through, and he usually came through the office area. And what was he like in the mornings? would say hello and good morning and trying to get the boys to their classrooms.

[03:48:48] Commonwealth:

Did you have conversations with him?

[03:48:50] Witness:

Yes, we would talk. We would say hello and we would ask each other how was your day, just small talk. Like I said, part of my job was to build relationships with the families, get to know them and check on the boys, ask how the boys morning was or how their night was, things like that.

[03:49:10] Commonwealth:

At any point, did you and Mr. Walsh speak about the children leaving the center to move?

[03:49:20] Witness:

I think that we did once. I think we did once about possibly him taking them out, yes. To go where? To go to Washington. And did you ask him about that? I did, yes. And what, if anything, did he say? It just wasn't definite yet. It was in the works.

[03:49:51] Commonwealth:

Did he tell you when he expected to move?

[03:49:54] Witness:

I don't remember.

[03:49:55] Commonwealth:

And why was it important for you to know?

[03:50:02] Witness:

If we have space available, we would love to fill those enrollments and let families know that we have space available in those two classrooms.

[03:50:11] Commonwealth:

So in January of 2023, how many days did you see Mr. Walsh drop off the children? Two days. Which days?

[03:50:23] Witness:

I want to say it was the third and fourth.

[03:50:26] Commonwealth:

January 3rd, that'd be a Tuesday, and January 4th, a Wednesday? Yes. And what was his demeanor when he dropped the children off on those days?

[03:50:35] Witness:

He came in with the boys and went through the other door, the other key code door, and they did not come in the office. I do remember saying hello to him, and I believe my assistant director was also in the office. We both said, hi Brian, good morning. You know, like I said, that was part of our routine to greet the families. And what was his demeanor? It was in a rush. It's kind of like, come on, boys, let's go. I remember when they went through, and that was it. He dropped the children off of class. So it was definitely a little different than the usual conversations we would have in the morning.

[03:51:21] Commonwealth:

Did you talk about anything those days?

[03:51:24] Witness:

No.

[03:51:27] Commonwealth:

One moment. Thank you.

[03:51:37] Commonwealth:

Any cross?

[03:51:38] Commonwealth:

Thank you.

[03:51:41] Commonwealth:

Good afternoon.

[03:51:42] Commonwealth:

Hello.

[03:51:44] Commonwealth:

Good afternoon. Hi. I want to talk to you a little bit about kinder care. Sure. Is this one of the more high end, fancy schmancy daycares?

[03:51:57] Witness:

I think it's in the middle right now. I think it was back then as well.

[03:52:02] Commonwealth:

OK. And when you said enrollment, is there usually a wait list? There is. Yes. I think you had mentioned that the two boys were coming five days a week.

[03:52:13] Witness:

Yes.

[03:52:14] Commonwealth:

And they enrolled in June of 2022?

[03:52:16] Witness:

I honestly don't remember the exact date they enrolled. I apologize.

[03:52:21] Commonwealth:

No, no, no, not at all. You testified before with the prosecutors about this case?

[03:52:28] Witness:

Yes.

[03:52:29] Commonwealth:

And you were asked questions about when the boys enrolled?

[03:52:34] Witness:

Yes, and like I said, I don't remember right now. You don't have to remember.

[03:52:39] Commonwealth:

If you're looking at a copy of your transcript, refresh your memory as to when the boys enrolled.

[03:52:43] Witness:

Yeah, that would be great. Do you want to make an approach? You may.

[03:52:55] Commonwealth:

my glasses, so I think it's either that page or that. Just take a look and let me know if it refreshes your memory.

[03:53:14] Witness:

The end of June.

[03:53:15] Commonwealth:

End of June. Yes. Of 2022. Yes. of 2022 until the end of December of 2022, the two boys were coming five days a week? Yes. And you had said that Mr. Walsh would do drop off every morning? Yes. And I think sometimes you said his mom would be with him? Yes. And then he would also do pick up? Yes. And in those six or seven months, you had said that you had met or seen Anna Walsh, I think, three or four times?

[03:53:45] Witness:

Yes.

[03:53:46] Commonwealth:

And those pickups, were those on Thursday or Friday night?

[03:53:49] Witness:

Usually Fridays, or I might have seen her once on a Thursday night.

[03:53:56] Commonwealth:

OK. And you had mentioned, let me ask it a little bit better. Ms. Yaz was asking you about Mr. Walsh's demeanor those two days in January when he dropped the boys off. And you had said that it was different.

[03:54:12] Speaker 09:

Yes.

[03:54:12] Commonwealth:

That he didn't say anything to you or have a conversation.

[03:54:16] Speaker 09:

Yes.

[03:54:16] Commonwealth:

You said it was different than the other mornings when you speak with him?

[03:54:20] Speaker 09:

Yes.

[03:54:20] Commonwealth:

So the other mornings when he would drop off his two boys, he was friendly?

[03:54:24] Speaker 09:

Yes.

[03:54:25] Commonwealth:

He would say good morning? Yes. He didn't seem rushed? Yes. Would he chat with you about how you're doing, how's work? Yes. Oh, yes? Yes. OK. This was different? Yes. OK. When someone brings their kids to daycare, do they have to bring a lunch for them?

[03:54:44] Witness:

No.

[03:54:45] Commonwealth:

Do you provide lunch and snacks? Yes. Do they have to provide diapers, formula? Yes. Yes. Yes. Do they have to provide a change of clothes? Yes. So each day, whoever is dropping off a child, parent, friend, auntie, they have to bring a little bag for each kid.

[03:55:02] Speaker 09:

Yes.

[03:55:03] Commonwealth:

And it's something that presumably the parent would pack each night or each morning.

[03:55:07] Speaker 09:

Yes.

[03:55:08] Commonwealth:

OK. And when Mr. Walsh would bring his two little sons, he would have two little bags that would be packed for both of them. Yes. And again, change of clothes, diapers, anything else that they'd bring?

[03:55:22] Witness:

If they had like a favorite stuffed animal, maybe, things like that.

[03:55:26] Commonwealth:

OK. And am I correct that when kids are at daycare, sometimes they'll make little art projects or drawings about their parents or about their life? Yes. And then those would be given to the parents when they come pick them up. Yes. OK. And in those six or seven months, was there ever a parent-teacher conference or a school night or anything?

[03:55:45] Witness:

Yeah, we would have some school nights, like babysitting nights. A what night? Like a babysitting night, like it's parent night out. Oh, OK. I don't remember if the boys ever attended that.

[03:55:57] Commonwealth:

OK. But would there be, I guess, options for parents to communicate with teachers or staff at Kinder Care about how their kids are doing, if there's any issues? Yes. OK. And did you ever have conversations with Mr. Walsh about how his boys were?

[03:56:11] Witness:

I believe once.

[03:56:13] Commonwealth:

Okay, and it was good, everything was great, the boys are cute, fine, there were no issues?

[03:56:17] Witness:

Yeah, they was just, you know, we talked daily, you know, asked questions, things like that.

[03:56:24] Commonwealth:

When you say you talk daily to me with the little kids?

[03:56:27] Witness:

Yes, and with the parents.

[03:56:29] Commonwealth:

OK. And that is something that was common with Mr. Walsh, that when he would come in or pick the kids up five days a week, that he was friendly.

[03:56:37] Speaker 09:

Yes.

[03:56:38] Commonwealth:

He was engaging.

[03:56:40] Speaker 09:

Yes.

[03:56:40] Commonwealth:

He was invested in his son's lives. Yes. And he would talk to you about their progress.

[03:56:45] Commonwealth:

Yes.

[03:56:45] Commonwealth:

Nothing further, Judge.

[03:56:47] Commonwealth:

Any redirect? No, thank you. Witness may step down. Thank you. Thank you. Commonwealth may call its next witness.

[03:57:11] Commonwealth:

Commonwealth would call Sondra Waldrop.

[03:57:40] Speaker 02:

You may proceed.

[03:57:51] Commonwealth:

Thank you, Your Honor. Good afternoon, ma'am.

[03:57:55] Witness:

Good afternoon.

[03:57:56] Commonwealth:

Could you please state your name for the record and spell your last name for us, please?

[03:57:59] Witness:

Sandra Hempel Waldrop. Last name is Hempel, H-E-M-P-E-L, Waldrop, W-A-L-D-R-O-U-P. Where do you work, ma'am? I work at the Claremont in Abington in the apartment complex.

[03:58:16] Commonwealth:

Where is the Claremont located in Abington?

[03:58:18] Speaker 07:

At 500 North Quincy Street in Abington, Massachusetts. And what do you do for the Claremont? I'm the general manager.

[03:58:28] Commonwealth:

And how many units are at the Claremont? Ninety-one. What are the responsibilities of the general manager?

[03:58:35] Witness:

Well, my responsibilities, I'm also head of maintenance, so I do everything. If there's nothing that I do not do, I do everything.

[03:58:43] Commonwealth:

And how long have you held that position at the Claremont? Since 2018. What does the Claremont have for surveillance videos on the outside? Could you rephrase? Sure. Do you have any surveillance cameras at the Claremont apartment complex? Yes. Okay. And how many cameras do you have for the outside of your apartment complex? Oh, for the outside? Yes.

[03:59:11] Witness:

Give me one second. Sure. Three, four. Four on the outside. I believe three in the back parking lot and one at the front.

[03:59:28] Commonwealth:

Now, how many dumpsters are there at the Claremont?

[03:59:32] Witness:

A total of three dumpsters. Two gated areas, two dumpsters in one, and one dumpster on the top hill.

[03:59:39] Commonwealth:

On the top of the hill. And the Claremont, is it near any other apartment complexes?

[03:59:44] Witness:

Yes. So right behind us, our back parking lot, there is the Chestnut Glen. Years ago, it used to be the same owner. It used to be connected.

[03:59:56] Commonwealth:

In Chestnut Glen, is that an apartment complex or is it assisted living? What is Chestnut Glen?

[04:00:01] Witness:

It is a home for the elderly and disabled.

[04:00:04] Commonwealth:

Okay. I had asked you about their surveillance videos. In January of 2023, did you have the opportunity to produce any surveillance videos to law enforcement?

[04:00:15] Witness:

Yes.

[04:00:15] Commonwealth:

As a result of this case, you did? Okay. And have you had a chance to review those videos on a thumb drive?

[04:00:22] Witness:

I didn't review it on, well, I saw it on the screen, actually, yes. Okay.

[04:00:29] Commonwealth:

And let me ask you this about your videos. Are they kept in the normal course of business? Yes. Are they kept in good faith? Yes. And I take it your cameras, they're always recording?

[04:00:42] Speaker 03:

Yes.

[04:00:42] Commonwealth:

Okay. Now, I'm going to show you this drive and ask if you recognize it. Yes. And how do you recognize it?

[04:00:59] Witness:

Because I initialed it and signed it. This is what I watched on the screen. This is the thumb drive.

[04:01:04] Commonwealth:

Yes, sorry about that. So what you watched on the screens were your videos.

[04:01:08] Witness:

Yes, that is correct.

[04:01:11] Commonwealth:

The Commonwealth would seek to have this drive marked as the next exhibit you're on with the videos from the Claremont of January 3rd, 2023.

[04:01:20] Speaker 23:

No objection.

[04:01:22] Commonwealth:

No objection. It's marked and admitted into evidence. Are we at 157? Thank you very much.

[04:01:41] Speaker 23:

Your Honor, it may be published.

[04:01:43] Commonwealth:

You may.

[04:01:45] Commonwealth:

Thank you. Ms. Gilman, could we have what's now been marked as exhibit 157? Could we go to the video channel 14? And if you could bring us to three minutes and say 15 seconds. Pause, if I may. Ms. Waldrop, what area are we looking at of the Claremont?

[04:02:10] Witness:

This is the front entrance, the right when you come in. Yeah.

[04:02:15] Commonwealth:

Okay. And how many entrances are there to the apartment complex?

[04:02:19] Witness:

Six.

[04:02:19] Commonwealth:

Six. Okay. Ms. Goodwin, if you could press play. Thank you. Ms. Goodwin, could you pause? All right, now, Ms. Waldrop, I have some questions about your videos in and of themselves. Yes. The date on the video, what is the date in the top left-hand corner?

[04:02:51] Witness:

January 3rd, 2023.

[04:02:54] Commonwealth:

And the time, what does it denote the time?

[04:02:59] Witness:

It's 4.33 p.m.

[04:03:01] Commonwealth:

Now in January of 2023, were there any issues as far as the time on your videos being different from the real time?

[04:03:07] Witness:

Yes, I believe at the time it was, I don't know for sure, but I believe it was about 20 minutes difference and sometimes it does that. It jumps and then I don't notice it till I actually have to have to pull up video for some reason and then I'm like, okay, then I see it in real time that it's wrong.

[04:03:27] Commonwealth:

Okay, so there are times when the time on your video is not the correct time. That is correct. Okay. Now, as a result of working at the Claremont, are you familiar with the vehicles of your residence?

[04:03:40] Witness:

Yes.

[04:03:41] Commonwealth:

And how many of your residents had Volvo's XC90s at the time?

[04:03:46] Witness:

None, to my knowledge.

[04:03:48] Commonwealth:

Ms. Gilman, if you could press play, please. Pause. Ms. Waldrop, did you recognize this vehicle as being one of your residents? No. And if you press play, Ms. Gilman? On this same video, Ms. Gilman, could you bring us to 13 minutes and 59 seconds? Ms. Gilman, I'm going to ask now if you could bring us to the next video from Claremont, which I believe is titled Claremont. Thank you. Ms. Waldrop, if you could pause it at this point in time. Ms. Waldrop, where are we looking at the Claremont apartment complexes in this second video?

[04:05:31] Witness:

So this is the, right when you come to the back, this is actually at the bottom of the hill or the backside where the two dumpsters are located in that fenced area right there.

[04:05:44] Commonwealth:

In that fenced area. And you said they're gated. Is there a lock to them or anything like that? No. And what access do you give the general public to your dumpsters? To people who don't live there. Can they use them?

[04:05:56] Witness:

No, they're not supposed to, no. And there's signs that, you know, that, yeah, it's private property and they are on surveillance. I mean, it's on surveillance. So they're not meant to use our dumpsters, no.

[04:07:59] Commonwealth:

Thank you, Ms. Cohen. And finally, how many ways are there in and out of the property?

[04:08:05] Witness:

One. There is really one. So there used to be, there is a smaller little, almost like a narrow walkway now that people used to use sometimes. They weren't supposed to because you can't actually have a vehicle. It's not the width of a vehicle. So technically, could you Take another way, yes, but there's only one driveway, yes.

[04:08:35] Commonwealth:

One entrance, front entrance, sorry about that.

[04:08:44] Witness:

Oh, entrances, I thought you meant entrances as in the doors. We have six, I am so sorry, we have one way to get into the complex, one driveway to get in, six exits or entrance doors, and there is a little pathway coming from Chestnut. Yes, but it's not a driveway, it's not, but if somebody, I've seen it before when there was a roadblock and then people would just, But it's not meant to be used. My apologies.

[04:09:17] Commonwealth:

No, no. You don't have to apologize. I didn't answer the right question. You fixed it. So thank you. My question was how many ways are there into the property, I guess, from the street?

[04:09:28] Witness:

One. One.

[04:09:30] Commonwealth:

And then there's this path area that sometimes people shouldn't use if they could use it.

[04:09:34] Witness:

Rarely now. I haven't seen it actually in years. But there was a time. Yeah, it stopped. Yes, and to their park, into their parking lot.

[04:09:47] Commonwealth:

Got it. Yes.

[04:09:51] Witness:

Correct.

[04:09:52] Commonwealth:

Nothing further. Thank you very much.

[04:09:55] Witness:

Cross?

[04:09:57] Speaker 23:

A few questions.

[04:09:57] Witness:

Sure.

[04:09:58] Speaker 23:

Good afternoon.

[04:09:59] Witness:

Good afternoon.

[04:10:00] Speaker 23:

I'm planning to ask you a couple of questions.

[04:10:04] UNKNOWN:

Sure.

[04:10:05] Speaker 23:

Is there a design in terms of the dumpsters saying when they're going to be picked up? No. Do you have a website for the disclaimer?

[04:10:17] Commonwealth:

Yes.

[04:10:17] Speaker 23:

Does that have any notice on when the dumpster is going to be picked up?

[04:10:20] Speaker 15:

No.

[04:10:21] Speaker 23:

Thank you very much.

[04:10:23] Commonwealth:

May I ask one to read around?

[04:10:24] Commonwealth:

You may.

[04:10:25] Commonwealth:

When was the dumpster picked up? After January 3rd.

[04:10:28] Witness:

What day of the week was that? Was it a Tuesday? I'm sorry.

[04:10:33] Commonwealth:

Sure. I have a calendar right here on my desk. If January 3rd was a Tuesday, when would the dumpster have been picked up?

[04:10:40] Witness:

Wednesday. It gets picked up Mondays, Wednesdays, Thursdays. Monday, Wednesdays, and Fridays.

[04:10:48] Speaker 23:

Three times a week. Thank you. Nothing further.

[04:10:52] Commonwealth:

Any requests? You may step down. Thank you. You may proceed.

[04:11:51] Commonwealth:

Thank you, Your Honor. Now, sir, can I ask your name and could you please spell your last name?

[04:12:03] Speaker 24:

Yes, it is Connor Keefe, last name K-E-E-F-E. And sir, where do you work? I am a trooper for the Massachusetts State Police.

[04:12:13] Commonwealth:

How long have you been a trooper with the Massachusetts State Police? Eight years. And do you work within a certain unit of the State Police?

[04:12:20] Speaker 24:

Yes, I do.

[04:12:21] Commonwealth:

What unit do you work for?

[04:12:22] Speaker 24:

I work for the Norfolk County District Attorney's Office.

[04:12:25] Commonwealth:

And what do you do there, sir?

[04:12:27] Speaker 24:

I am a homicide investigator, digital forensic examiner, and a cell phone record analyst.

[04:12:32] Commonwealth:

Now, how long have you had that position as working with the DA's office?

[04:12:39] Speaker 24:

Four years, approximately four.

[04:12:41] Commonwealth:

And do you have any certifications as far as being a digital forensic examiner?

[04:12:47] Speaker 24:

Yes.

[04:12:48] Commonwealth:

Can you tell us what those certifications are?

[04:12:50] Speaker 24:

Yes, I have certifications from Celebrite, which is a digital forensics company. Celebrite certified operator, Celebrite certified physical analyst, Celebrite advanced smartphone analyst, and the Celebrite Apple Forensic Fundamentals. And what is Celebrite? It's a digital forensics hardware and software company.

[04:13:12] Commonwealth:

And how do you get the certifications in those Celebrite topics?

[04:13:20] Speaker 24:

Usually an in-person class test at the end.

[04:13:24] Commonwealth:

Did you pass the test?

[04:13:25] Speaker 24:

Yes.

[04:13:25] Commonwealth:

Now, have you received other trainings concerning digital forensics?

[04:13:29] Speaker 24:

Yes. From who? Magnet, Grey Key.

[04:13:33] Commonwealth:

And who administers these trainings?

[04:13:36] Speaker 24:

the companies themselves.

[04:13:38] Commonwealth:

And have you received trainings from any other law enforcement agencies?

[04:13:42] Speaker 24:

Yes.

[04:13:43] Commonwealth:

Which ones?

[04:13:44] Speaker 24:

I've taken cell phone record analysis classes from the FBI and LexisNexis, which is another cell phone record analysis.

[04:13:53] Commonwealth:

Now, in addition, could you just tell us your educational background?

[04:13:58] Speaker 24:

I have a bachelor's degree from Providence College.

[04:14:01] Commonwealth:

And have you served in the military? Yes. Can you tell us where you served?

[04:14:07] Speaker 24:

I was an officer in the Rhode Island Army National Guard for eight years. Got out as a captain.

[04:14:14] Commonwealth:

And sir, have you ever testified before giving your opinion about digital forensics or cell phone record analysis?

[04:14:21] Speaker 24:

Yes.

[04:14:21] Commonwealth:

Now, on Thursday of January 5th, 2023, Did you have the opportunity to become involved in an investigation into the disappearance of Anna Walsh?

[04:14:33] Speaker 24:

Yes, I did.

[04:14:34] Commonwealth:

Where did you go on the 5th?

[04:14:36] Speaker 24:

I went to Cohasset Police Department.

[04:14:38] Commonwealth:

And why did you go to the Cohasset Police Department?

[04:14:41] Speaker 24:

I was asked to analyze a Verizon cell phone records associated with Anna Walsh.

[04:14:48] Commonwealth:

And are you familiar with the concept of pinging a phone?

[04:14:53] Speaker 24:

Yes. Can you tell us what that is? When the, usually it's through an emergency ping by law enforcement, using missing person, someone's in danger, the law enforcement has the ability to ask the provider to ping a phone which gives an estimated location of that device in order to hopefully locate the person.

[04:15:17] Commonwealth:

And so when you went to Cohasset Police Department on January 5th, did you have the opportunity to review any data corresponding to that type of pinging activity?

[04:15:28] Speaker 24:

Yes, the data we received then was called RTT data from Verizon. It is round-trip time. And in that report, Verizon is able to provide an estimated distance that a device is from a cell site, a cell tower.

[04:15:44] Commonwealth:

And so I take it the data you were reviewing had been provided by Verizon.

[04:15:49] Speaker 24:

That is correct.

[04:15:50] Commonwealth:

And so at this point in time, I would seek to admit the data from Verizon for three different phone numbers, one being 617-599-766, the second being 617-895-8082, and then the third being 617- 939-8648, Verizon data. Any objection to those?

[04:16:24] Commonwealth:

No objection. Counsel, on the first one, I'm sorry, I'm keeping track of the numbers. What's the first? It's 7-6?

[04:16:31] Commonwealth:

It would be 7-9-6-6.

[04:16:34] Commonwealth:

That's where I missed it, 7-9-6-6. All right, so now in evidence as exhibit 158, Are there rise in records of 617-599-7966, and then 159 is the phone number ending in 8082, and 160 is the phone number ending in 8648? Yes, Your Honor. There are in evidence.

[04:17:13] Commonwealth:

Ms. Gilman, could we have the RTT file for 617-599-7966? So, Trooper, looking at the file entitled RTT details, 617-59-79, I'm sorry, 599-7966, is there a date range in that file name?

[04:18:03] Speaker 24:

Yes, there is.

[04:18:04] Commonwealth:

What is the date range?

[04:18:06] Speaker 24:

It's January 1st, 2023 to January 5th, 2023.

[04:18:11] Commonwealth:

And these are some of the records you had the opportunity to review for the ping data, is that correct?

[04:18:18] Speaker 24:

The estimated distance data, the real-time tool data from Verizon, yes.

[04:18:25] Commonwealth:

Thank you for correcting me. Yes. So this is a bunch of numbers. What are we looking at?

[04:18:33] Speaker 24:

I can explain.

[04:18:34] Commonwealth:

I'd love for you to do that. Yes, please.

[04:18:40] Speaker 24:

Can I touch this, or you'll go through the columns?

[04:18:43] Commonwealth:

I'll tell you what. I'll ask you about the columns. What's record source mean?

[04:18:47] Speaker 24:

Record source is the technology used for this event on the network. So for this, 12 is Samsung and 1 is Nokia. So the technology on the tower that completed this event.

[04:18:59] Commonwealth:

All right. And when you say event, does that mean it's a phone call?

[04:19:02] Speaker 24:

No.

[04:19:03] Commonwealth:

What's an event as far as data goes?

[04:19:05] Speaker 24:

So for these records, it's a signaling event from the cell site, the tower, to the device and back. Verizon is able to estimate a distance that the device is from the cell site. And what is start time and end time? That is the beginning of the event, the signaling event.

[04:19:24] Commonwealth:

And then I take it n times the end of event.

[04:19:26] Speaker 24:

Yes, sir.

[04:19:27] Commonwealth:

All right. Subscriber MSISDN. What's that?

[04:19:31] Speaker 24:

That is the phone number associated with these records.

[04:19:33] Commonwealth:

And what is an IMEI?

[04:19:36] Speaker 24:

That is the International Mobile Equipment Identifier. It's the unique identifier of the device itself.

[04:19:42] Commonwealth:

And so then a device will have its own identifier in addition to a phone number.

[04:19:49] Speaker 24:

That's correct.

[04:19:50] Commonwealth:

What is an IMSI?

[04:19:52] Speaker 24:

That's the International Mobile Subscriber Identity, and that is essentially Verizon's number for this account or device. So it's for the subscriber on that device. What's manufacturing, or I'm going to, MFG model, what's that? the manufacturer model, so Apple iPhone 12 Pro Max.

[04:20:12] Commonwealth:

And Ms. Gilman, if you could scroll over. Sir, are there any columns that are blank here?

[04:20:18] Speaker 24:

Yes.

[04:20:19] Commonwealth:

What are those?

[04:20:20] Speaker 24:

Those are the Ericsson, so that there was no Ericsson technology used in these records.

[04:20:26] Commonwealth:

So then that's why they're blank?

[04:20:27] Speaker 24:

Yes, sir.

[04:20:28] Commonwealth:

All right, if we could scroll over to say column L, thank you. What is market 4G, then column M, E, and B. What are those two?

[04:20:41] Speaker 24:

Those all pertain to the cell site. So it's essentially the cell site number and the sector in which the event occurred.

[04:20:50] Commonwealth:

And so which one's which? There's a cell site and there's a sector. So maybe I'll take it one at a time. What's market 4G? Why is there a 5-7 there?

[04:21:00] Speaker 24:

5-7 indicates the market in which the the event happened. So think of it as an area code like Boston 617. So Verizon knows to route this transaction to the right area. And then E node B, column M, is 52. That is the cell site number. So that's the cell site number in which the transaction occurred.

[04:21:22] Commonwealth:

So there's a cell site, like a tower, within a sector or within a market?

[04:21:27] Speaker 24:

That's correct.

[04:21:28] Commonwealth:

OK. And so I don't want to use the word sector because that's the next column. What's sector?

[04:21:34] Speaker 24:

Sector is on a cell side. It's typically three-sided. They have antennas on three sides. So Sector 4G, Sector 3 was the transaction started on Sector 3, and then Carrier 4G is the transaction ended on Sector 2.

[04:21:50] Commonwealth:

So the event occurred on one, then moved to another?

[04:21:55] Speaker 24:

That's correct.

[04:21:56] Commonwealth:

All right. Now, if you went down on carrier 4G, column O, there's a seven. What's the significance of a seven in that column?

[04:22:06] Speaker 24:

So for Verizon, they start with their antennas. Their sectors start with two, three, four. And then most providers, the antennas are stacked on top of each other. So it should be the second row in numbers.

[04:22:20] Commonwealth:

Now, there's a bunch of another empty columns there. What are those?

[04:22:25] Speaker 24:

There was no 5G technology used in these records.

[04:22:28] Commonwealth:

And then first distance MI, last distance MI. What's that?

[04:22:34] Speaker 24:

So that's the first estimated distance that was provided. And then the end of the event was the last distance.

[04:22:43] Commonwealth:

And what happens when there's an NA there?

[04:22:46] Speaker 24:

That means Horizon was able to provide an estimated distance of the device for that date and time transaction.

[04:22:53] Commonwealth:

So does that correspond to the technology in the first column?

[04:22:58] Speaker 24:

Yes, sir.

[04:22:59] Commonwealth:

And why is that? What technology had the data and which one didn't?

[04:23:04] Speaker 24:

Yes, after analyzing the records, all the data with a one, which is Nokia, they were unable to provide any estimated distance of the device. The one with 12 was Samsung technology and they were able to provide estimated distances for that.

[04:23:18] Commonwealth:

And so Samsung and Nokia both had antennas on this tower? Yes. And then what is VOLTE?

[04:23:27] Speaker 24:

That is voice over LTE. That would indicate if it was a call or not, like a voice call.

[04:23:34] Commonwealth:

All right. And could we keep on going all the way to the end? All right. If we could stop. Thank you, Ms. Gilman. So I take it there's no Erickson issues on Y because there's no Erickson technology? Correct. And then there's a series of entries or columns from Z to AC, PCMD, and then that information. What is that?

[04:24:01] Speaker 24:

Column Z is the per call measurement data and the two indicates that it was not an emergency call. A zero would be invalid, one would be an emergency call. This is just how Verizon marks their data for these records.

[04:24:19] Commonwealth:

And then what is procedure duration?

[04:24:22] Speaker 24:

That is, again, per call measurement data, that's how long the transaction in milliseconds was for this signaling event.

[04:24:29] Commonwealth:

So milliseconds, that's not seconds, it's milliseconds.

[04:24:31] Speaker 24:

Correct.

[04:24:32] Commonwealth:

All right. And then I take it date, month, day, and year. Those are pretty standard. Yes, sir. January 1st, 2023. Yes. Now, Ms. Gilman, could we go down to the bottom of this and then go back over to the left? And now, sir, there's a series of columns now at the bottom of this spreadsheet. What is it that we're looking at down here?

[04:25:11] Speaker 24:

This is the tower list for the transactions that occurred in this data. So these are the tower lists. And all this data occurred within this tower.

[04:25:21] Commonwealth:

So the tower list is located at the bottom. And then there's longitude and latitude. What is that?

[04:25:28] Speaker 24:

That's the GPS or the lat-long of the cell site location. Could be a building, could be, in this case, it's a water tower.

[04:25:37] Commonwealth:

And scrolling over, street address, city. I take it that's pretty standard self-explanatory? Yes, sir. So now, Ms. Gilman, if you could go back all the way over to the left. Thank you very much. Looking at these records, sir, were you able to come to a conclusion as to the last time Verizon was able to estimate a distance of where the handset was when it interacted with the network?

[04:26:12] Speaker 24:

Yes.

[04:26:13] Commonwealth:

Okay. How were you able to do that? Or I should say, when is that, according to these records? That's a better question.

[04:26:21] Speaker 24:

That would be line 828. It would be January 2nd, 2023 at 314 a.m. And how do you know it interacted with the network at that time on line 828? If you could scroll over, please. The technology is 12, so that means it's a Samsung event. And then if you could keep going over, please. You can just highlight 828 if you don't mind, just so I could see the column. Thank you.

[04:26:56] Commonwealth:

Okay, so 828, we see 0.024, 0.024, what's that?

[04:27:03] Speaker 24:

That is the estimated distance that Verizon believes the device is from the cell site located on Reservoir Road in Cohasset, Massachusetts.

[04:27:12] Commonwealth:

And so is that measured in feet, inches, or what? Miles. So approximately a quarter mile, right? Yes, sir. Okay. Now, how do you know what direction it is from the tower and Reservoir Road, according to these records? So is it, are you talking that it's a circle or what?

[04:27:32] Speaker 24:

So it would be the azimuth in which the antenna is facing.

[04:27:37] Commonwealth:

Oh, okay. And so help me out with that because I don't know what azimuth is. What is the azimuth of where the antenna is facing? What does that mean?

[04:27:45] Speaker 24:

So the provider puts these antennas on the cell site in certain directions, 360 degrees, usually it's 120 per azimuth in which they're placed on the tower.

[04:27:56] Commonwealth:

And so as far as the direction of where the phone was from the antenna, can you tell us, based on these records, what the general direction of the phone was when it interacted with the network on January 2nd at 314 AM?

[04:28:12] Speaker 24:

It was from the cell site, the tower, it was southwest in the area of 516 Chief Justice Cushing Highway.

[04:28:20] Commonwealth:

So it was in the area of 516 Chief Justice Cushing Highway? Yes, sir. Now, Ms. Gilman, on this file, there is a second folder. Could we go to that second folder? Are you familiar with subscriber data, sir?

[04:28:51] Speaker 24:

Yes, sir.

[04:28:51] Commonwealth:

OK. What is subscriber data in relation to Verizon?

[04:28:55] Speaker 24:

This is a Verizon's business records associated with an account.

[04:28:59] Commonwealth:

Looking at the spreadsheet that is on the screen, subscriber MTN 617-599-7966. Is this the subscriber data from Verizon?

[04:29:13] Speaker 24:

Yes, sir.

[04:29:13] Commonwealth:

All right. What is the first column search value?

[04:29:20] Speaker 24:

That is the phone number of these records associated with these records.

[04:29:23] Commonwealth:

Okay. And what is the search start date and end date?

[04:29:28] Speaker 24:

That is the report date that these were run. Okay. So January 7th, 2023.

[04:29:33] Commonwealth:

And then column D has MTN. What is MTN?

[04:29:39] Speaker 24:

That is mobile terminating number. That's the same as the search value. That's Verizon's number associated with these records.

[04:29:44] Commonwealth:

And Mr. Gimlin, could you just expand column D for us? Thank you. All right. And then account number, what's that?

[04:29:53] Speaker 24:

That is Verizon's internal account number for this line.

[04:29:58] Commonwealth:

Now we get to last name, first name, business address. What's that?

[04:30:05] Speaker 24:

That is the account holder of this number.

[04:30:08] Commonwealth:

Okay. And Ms. Gelman, could you scroll across to the right? All right. Now we have a column P and Q. What are we looking at here, sir? I'm just waiting.

[04:30:28] Speaker 24:

That is the subscriber under this account for this phone number.

[04:30:32] Commonwealth:

OK. So there's an account holder, and then there's a subscriber.

[04:30:36] Speaker 24:

Yes, sir.

[04:30:36] Commonwealth:

And so the account holder, I take it they pay it? Yes. OK. They're responsible for it? Yes. OK. And what is the name for columns P and Q?

[04:30:47] Speaker 24:

Walsh, Anna.

[04:30:51] Commonwealth:

Council, is that a good place to stop for lunch?

[04:30:54] Speaker 18:

It's always a good place to stop for lunch, Your Honor.

[04:31:39] Commonwealth:

Thank you your honor. Anybody need anything? Have a nice lunch. Thank you your honor.

[04:32:20] UNKNOWN:

I have this story, so I assume that this is my life, and I drove it the first time, Thank you very much. you . . Thank you. you

[04:45:21] Speaker 03:

Thank you.

[04:46:00] UNKNOWN:

Thank you. . . Thank you. Thank you. Thank you. Thank you.

[04:56:44] Speaker 25:

uh... uh...

[04:57:47] UNKNOWN:

you Thank you. Thank you. . . Thank you. you Thank you.

[05:20:45] Speaker 03:

I think that's a good point.

[05:21:09] UNKNOWN:

I think that's a good point. . . Thank you. Thank you. the the the the the the the the She didn't say anything. She was kind of angry. . . Thanks. th th th th

[05:35:07] Speaker 17:

Bye bye.

[05:35:47] UNKNOWN:

you Thank you.

[05:37:17] Speaker 19:

Welcome to zoom for government. Enter your meeting ID followed by pound.

[05:37:36] Commonwealth:

Yes. Come on.

[05:37:43] Speaker 20:

You entered 7, 6, 7, 8, 9, 0. This meeting ID does not exist. Please re-enter your meeting ID.

[05:38:02] Speaker 19:

Enter your participant ID. Please enter the meeting passcode followed by pound.

[05:38:11] Speaker 20:

You have joined the meeting as an attendee and will be muted throughout the meeting. The host would like you to unmute your microphone. You are unmuted.

[05:38:51] Speaker 23:

You may proceed.

[05:38:57] Commonwealth:

Thank you. Ms. Gelman, can we go back to that RTT file for the phone number ending in 7966? And can you scroll all the way down to the bottom, Ms. Gelman? Thank you. Trooper, I believe we left off with RTT that the last time Verizon was able to give you a location, an estimated location of the handset was around 314 a.m. on January 2nd. My question to you is, according to these records, and if you could go all the way down to the bottom, Ms. Gilman, according to these records, when you analyzed them, were there any other times after that that there was any interaction between Verizon and the handset?

[05:39:43] Speaker 24:

Yes.

[05:39:44] Commonwealth:

Can you tell us about that based on the records?

[05:39:46] Speaker 24:

Yes. Again, it's estimated distance of the device, not location. Estimated distance of the device.

[05:39:51] Commonwealth:

Thank you for correcting me.

[05:39:52] Speaker 23:

Sorry, George. I just need to ask you to speak up.

[05:39:56] Commonwealth:

Yes. Can the witness make sure you lean into the microphone and speak up?

[05:40:00] Commonwealth:

Yes, Your Honor. And so you corrected me. Verizon gave you the estimated distance of the device from the tower. That's correct. OK. So my question to you is, after that time of 314 AM on January 2nd, 2023, according to the records, were you able to identify any other incidences where the phone or the handset had any interactions with the Verizon network?

[05:40:30] Speaker 24:

Yes.

[05:40:31] Commonwealth:

Okay. Looking at these records, can you tell us when you were able to determine that and what happened?

[05:40:36] Speaker 24:

So line eight, eight 31. Yes. That would be January 2nd, 2023 at four 13 AM.

[05:40:45] Commonwealth:

Okay.

[05:40:46] Speaker 24:

Uh, the technology was Nokia and that's the start and time of the duration. And then if you could go scroll all the way to the right, please. The columns V and W, there is NA, which means they were not able to provide an estimated distance of the device. So there was a signaling event between the tower and the device, but they were unable to provide an estimated distance of the device.

[05:41:16] Commonwealth:

Were there any other interactions from Verizon after that event?

[05:41:22] Speaker 24:

Yes.

[05:41:23] Commonwealth:

What was the final interaction that you were able to determine from the Verizon network? Or not interaction, the final activity of the Verizon network according to these records.

[05:41:32] Speaker 24:

Yes, if you could slide back over to the left, please. It's line 832, January 4th, 2023 at 414 a.m.

[05:41:43] Commonwealth:

Yes, sir. What happened at that time according to the data?

[05:41:47] Speaker 24:

There was a signaling event from the network verizing to the device, but they were unable to complete that transaction. So if you could scroll all the way to the PCMD procedure. Keep going, please. Right there. Column AA, alpha, alpha. The procedure time, there is no time. So the network was unable to connect with the device at that time.

[05:42:15] Commonwealth:

OK. So am I mis-saying this? The network sent out a signal, but the device never connected with it at that point?

[05:42:22] Speaker 24:

Essentially, yes.

[05:42:22] Commonwealth:

OK. Now, Ms. Gilman, if you could close out of that for us. Thank you very much. So that's January 5. But what time were you working on this at Cohassapiti?

[05:42:34] Speaker 24:

It was later at night.

[05:42:36] Commonwealth:

All right. So what do you do on the 6th on this case?

[05:42:40] Speaker 24:

The 6th, I am at the command post in Cohasset, Massachusetts, and I receive three devices from Lieutenant John Fanning.

[05:42:49] Commonwealth:

Where was the Cohasset, where was the command post in Cohasset?

[05:42:52] Speaker 24:

The Stop and Shop Plaza, kind of in the center of town there.

[05:43:00] Commonwealth:

Not center of town, but... Forgive me, I'm not in the military. I wasn't in the police. What's a command post?

[05:43:05] Speaker 24:

Usually like a uniform command where agencies collaborate, locate, this communications establish different units to collaborate and come up with a plan and action.

[05:43:17] Commonwealth:

Were there any vehicles or anything like that brought in?

[05:43:19] Speaker 24:

Yes.

[05:43:19] Commonwealth:

What?

[05:43:20] Speaker 24:

There was different police vehicles, I believe maybe some four-wheelers, stuff like that, from what I recall.

[05:43:28] Commonwealth:

Okay. So it's January 6th, you're at the command post and you received what for devices?

[05:43:34] Speaker 24:

three electronic devices.

[05:43:36] Commonwealth:

And who gave them to you?

[05:43:37] Speaker 24:

Lieutenant John Fanning.

[05:43:39] Commonwealth:

And what devices did you receive?

[05:43:42] Speaker 24:

I received an iPhone 13 mini, an iPad 6, and an iPad 6 mini.

[05:43:48] Commonwealth:

And what did you do with these devices?

[05:43:50] Speaker 24:

I transported them back to the Digital Forensics Lab at the Norfolk District Attorney's Office in Canton, Massachusetts.

[05:43:57] Commonwealth:

And so, about what time did you get back to the lab?

[05:44:01] Speaker 24:

Around 9.30, 9.30 p.m.

[05:44:03] Commonwealth:

And so what did you do with these devices around 9.30 p.m.?

[05:44:09] Speaker 24:

I began the extraction process on the iPhone 13 mini.

[05:44:14] Commonwealth:

Walk us through, what's the extraction process consist of?

[05:44:17] Speaker 24:

So using, in this case I used GreyKey, which is a forensic hardware and software company. You will take the device, you plug it into the hardware on a forensic computer running forensic software, and then the data will be extracted from the device.

[05:44:33] Commonwealth:

How long does this take?

[05:44:34] Speaker 24:

It can take hours, up to hours.

[05:44:36] Commonwealth:

And so did you do all three devices at once?

[05:44:39] Speaker 24:

I did not.

[05:44:40] Commonwealth:

Why not?

[05:44:41] Speaker 24:

It got towards later in the evening, and I finished the devices the next day.

[05:44:47] Commonwealth:

And so do you have three RAID key machines, or can you put all one onto one machine?

[05:44:52] Speaker 24:

No, it's one at a time.

[05:44:53] Commonwealth:

OK, so one's got to download, then you can get to the next one.

[05:44:56] Speaker 24:

Yes, sir.

[05:44:57] Commonwealth:

And this information, once you download it, where does it go?

[05:45:00] Speaker 24:

It goes to the Forensics server at the office.

[05:45:03] Commonwealth:

Okay, and does anyone have access to the server?

[05:45:05] Speaker 24:

Just the people assigned to the forensic lab.

[05:45:08] Commonwealth:

How many people were assigned to the forensic lab in January 2023?

[05:45:11] Speaker 24:

At that time, I believe it was three.

[05:45:13] Commonwealth:

And so you said that you came back on the seventh to work on this? Yes. About what time did you finish downloading the devices?

[05:45:25] Speaker 24:

Before lunchtime on the seventh.

[05:45:28] Commonwealth:

And what was done with the devices?

[05:45:30] Speaker 24:

They were returned back to the owner.

[05:45:33] Commonwealth:

And who is your understanding the owner was?

[05:45:35] Speaker 24:

Brian Walsh.

[05:45:36] Commonwealth:

Now, once you've downloaded this information, can you just read it and go to town and do what you need to do?

[05:45:45] Speaker 24:

No, sir.

[05:45:45] Commonwealth:

What do you do?

[05:45:47] Speaker 24:

The data is in a raw form. And then we use a program, Cellbright, which is another forensic software that we take the raw data, is ingested into Cellbright. Cellbright creates a readable, interactive image of the data. It takes it down to calls, contacts, pictures, videos, text messages, web history, stuff like that.

[05:46:10] Commonwealth:

And so when did you finish getting the data into a readable format?

[05:46:16] Speaker 24:

the late afternoon on the 7th?

[05:46:19] Commonwealth:

And so on the 7th, what did you do as far as analyzing data from the iPhone 13 mini?

[05:46:28] Speaker 24:

I began analyzing data from December 25th, 2022 through the date of they were, I received them January 6th.

[05:46:38] Commonwealth:

And was that the, now did you ever have a second opportunity to download this data from the iPhone 13 mini?

[05:46:45] Speaker 24:

Yes.

[05:46:46] Commonwealth:

When did you do that?

[05:46:47] Speaker 24:

Trooper Nick Arito did that, I believe on January 9th.

[05:46:53] Commonwealth:

OK. And so on January 9th, in addition to the iPhone 13 mini, did you have the opportunity to analyze data from any other iPhones?

[05:47:03] Speaker 24:

Yes, I did.

[05:47:04] Commonwealth:

What was the second iPhone you had the opportunity to analyze data from?

[05:47:07] Speaker 24:

That was an iPhone SE.

[05:47:09] Commonwealth:

And now, as far as Looking at this data on January 9th, did anyone help you look at this data? Now, are you familiar with the term native location data as it applies to cell iPhones?

[05:47:30] Speaker 24:

Yes, sir. Can you tell us what it is? So native location in iOS operating systems. Native location is made up of location services on the Apple device. And location services are made up of GPS satellite, Bluetooth beacons, wireless connections, and cell tower information.

[05:47:53] Commonwealth:

And so native location data, how is that different than the Verizon data you just talked about?

[05:48:01] Speaker 24:

So this is data taken directly from the device and the other data is from a cell phone provider.

[05:48:10] Commonwealth:

Okay. And so which one is more specific as far as a location then?

[05:48:18] Speaker 24:

The date of location data.

[05:48:19] Commonwealth:

And so when you were talking about the handset being in the area of 516 Chief Justice Cushing Highway based on the Verizon records, what are you able to determine based on the native location data of the location of a handset?

[05:48:37] Speaker 24:

It is more accurate to a specific location.

[05:48:41] Commonwealth:

And at this point in time, Your Honor, I would seek to enter in the electronic files of the location data of the iPhone 13 mini and the iPhone SE.

[05:49:01] Speaker 23:

There's no objection.

[05:49:03] Commonwealth:

I'm just writing, but I'm happy to hear you. No objection. So the native location date or the location data for those two devices, the iPhone 13 mini and the iPhone SE, is now in evidence as 161. Thank you. Did I mess it up?

[05:49:36] Commonwealth:

I believe that our last exhibit was 158, Your Honor.

[05:49:40] Commonwealth:

No, we had the Verizon records were 159 and 160 were the Verizon records.

[05:49:48] Commonwealth:

Oh, I see. We had one drive that had three sets of records on it and it got one tag. That's why.

[05:49:54] Commonwealth:

All right. Well, just listen up when I'm announcing them. So let me clarify the record and make sure that I'm getting it right this time.

[05:50:03] Commonwealth:

Yes, Your Honor.

[05:50:04] Commonwealth:

All right. So there were three sets of records. They were the Verizon for those three different phones, ending 7966, 8082, and 8648. And I had previously announced on the record that they were 158, 159, and 160. And now I'm being told that they're on one thumb drive. And all of those three records for those three Verizon or those three phone numbers that have Verizon records are now in evidence as exhibit 158. Okay. That will mean that this records location data for the iPhone 13 mini and the iPhone SE is now in evidence as exhibit 159.

[05:51:12] Commonwealth:

So, Ms. Gilman, could we have what's now been marked as exhibit 159, and could you go to the file for the location data for the 13-minute? So Trooper, directing your attention to the screen, we're looking at an Excel spreadsheet from 159 titled iPhone 13 Native Location Data. Can you tell us what we're looking at here as far as, I'll ask you, the first column has a number associated. What does that column represent?

[05:52:06] Speaker 24:

That indicates the number of records line by line in this file.

[05:52:12] Commonwealth:

When it says type, what's that supposed to indicate to you?

[05:52:15] Speaker 24:

Type of data in the file, location data.

[05:52:18] Commonwealth:

And then the next two are blank. And what are we looking at as far as this series of records, location, date, time, destination, and description?

[05:52:29] Speaker 24:

These are native location data that I exported from the iPhone 13 mini. And that is date, time, and then the latitude, longitude.

[05:52:41] Commonwealth:

So when you get this information of the latitude and longitude, what do you do with it? Well, you've got this spreadsheet. What do you do with it?

[05:52:52] Speaker 24:

I take the data that has been exported in an Excel form, and then I ingest it into a program called LexisNexisTracks, which creates a KML file, Keyhole Markup Language file. It's a Google Earth file. And then that brings up Google Earth. I ingest that file into Google Earth. And it presents a readable interactive map of the data.

[05:53:22] Commonwealth:

This gets into another program, and that becomes a readable map of data. Yes, sir. OK. And when it says item number, how many points of data did you have between the iPhone SE and the 13 minute?

[05:53:40] Speaker 24:

Upwards of 40,000, 50,000 points.

[05:53:43] Commonwealth:

And so how is it that the phone has all these different locations in it? Why has it got this 40,000, 50,000 between these two phones?

[05:53:51] Speaker 24:

Any apps that you have location services on, anytime you use Apple Maps, Google Maps, stuff like that, your phone's consistently collecting this location information.

[05:54:02] Commonwealth:

Now, in addition to getting this location data, Did you also get the subscriber information for these two phones?

[05:54:10] Speaker 24:

Yes, sir.

[05:54:10] Commonwealth:

All right. So, Ms. Gilman, I'm going to ask if we could go back, close out of this, go back to exhibit 158 and go to the file for the phone number ending in 8082. Thank you, Ms. Gilman. And so, Trooper, looking at subscriber MTN 617-895-8028. My bad, I said 8082. It should be 8028. Looking at this, what is the name of the account holder?

[05:55:06] Speaker 24:

Diana Walsh.

[05:55:08] Commonwealth:

And what is the address for the account holder?

[05:55:10] Speaker 24:

330 Paradise Road, Unit 1320, Swampscott, Massachusetts.

[05:55:16] Commonwealth:

And Ms. Gilman, if you could scroll over to the end. If you could stop right there. Effective, MTN effective date, what does that mean?

[05:55:30] Speaker 24:

That means when this number became active on the Verizon network. All right. And that would be December 22, 2022.

[05:55:38] Commonwealth:

And so is this number 8028 the iPhone 13 mini or is it the SE?

[05:55:46] Speaker 24:

The iPhone SE.

[05:55:47] Commonwealth:

Okay. 8028 is the SE. Now, Ms. Gilman, could we have the file for 8648, subscriber information from Exhibit 158? Trooper. Looking at this subscriber MTN 617-939-8646. Someday I'll learn how to read. 8646. We may continue. Thank you. So, Ms. Gilman, actually stop right there. Sir, what is the name of the account holder on this account?

[05:58:29] Speaker 24:

That is Diana Walsh.

[05:58:32] Commonwealth:

Okay. And what is the address for the account holder?

[05:58:35] Speaker 24:

330 Paradise Road, Unit 1320, Swampscott, Massachusetts.

[05:58:41] Commonwealth:

Okay. Ms. Gilman, can you scroll to the end of this row of information? Okay. What is the effective date for this phone number?

[05:58:52] Speaker 24:

December 12th, 2018.

[05:58:56] Commonwealth:

And this phone number corresponds to what phone that you analyzed?

[05:58:59] Speaker 24:

The iPhone 13 mini.

[05:59:01] Commonwealth:

Okay. Now, sir, did you have the opportunity, Mr. Gilmour, if you could close out that, thank you. Now, with this information, Did you have the opportunity to see where the iPhone 13 mini traveled on January 5th, 2023?

[05:59:29] Speaker 24:

Yes.

[05:59:31] Commonwealth:

Okay. What did you discover in your initial examination of the location data of the iPhone 13 mini as far as where it traveled?

[05:59:42] Speaker 24:

January 5th, 2023, the iPhone 13 mini was approximately 8 a.m. The device was in the area of 516 Chief Justice Cushing Highway. And at approximately 930 a.m., the device is in the area of 330 Paradise Road, Swamp Cot, Massachusetts.

[06:00:02] Commonwealth:

And are you aware of any of Mr. Walsh's relatives that live in and around 330 Paradise Road?

[06:00:10] Speaker 24:

Yes. Who? His mother, Diana Walsh.

[06:00:14] Commonwealth:

Now, where does that device travel in that area on January 5th, 2023 of 330 Paradise Road?

[06:00:28] Speaker 24:

It is stationary in the southeast corner of the apartment complex where there is a large trash compactor.

[06:00:36] Commonwealth:

Can you tell from the data you saw whether or not the iPhone 13 mini went into the buildings of 330 Paradise Road that morning?

[06:00:45] Speaker 24:

I do not believe so.

[06:00:49] Commonwealth:

Did you ever have the ability to compare this data from January 5th, 2023, of the iPhone 13's native location data to its native location data, say, of December 27th, 2022? Yes. And when you look at the native location data from December 27th, 2022, can you determine whether or not the phone goes inside 330 Paradise Road?

[06:01:19] Speaker 24:

I can't tell if it physically goes inside the building, but it's in a different area, in the general area of the building as opposed to the southeast corner.

[06:01:28] Commonwealth:

Now, as far as the location that you're determining of the phone, based on the data from January 5th, what day are you examining this data that you see this?

[06:01:41] Speaker 24:

Could you repeat the question?

[06:01:42] Commonwealth:

Yeah, it's not really a worded question, so good for you. So what day were you looking at this phone's data?

[06:01:49] Speaker 24:

That would be that weekend, January 8th, 9th of 2023.

[06:01:56] Commonwealth:

And so when you saw that it was in and around a dumpster on 330 Paradise Road, did you alert anyone?

[06:02:05] Speaker 24:

Yes, sir.

[06:02:06] Commonwealth:

Who'd you alert?

[06:02:07] Speaker 24:

I alerted my immediate supervisors.

[06:02:11] Commonwealth:

All right. And have you had the opportunity utilizing this native location data from the two phones to create a PowerPoint presentation of points that you've discovered these two phones went to.

[06:02:26] Speaker 24:

Yes, I did.

[06:02:28] Commonwealth:

And at this point, Your Honor, I would seek to enter the PowerPoint presentation as the next exhibit. I've reduced it to a thumb drive.

[06:02:36] Commonwealth:

Is there an objection to that? No objection. So the PowerPoint presentation is now in evidence as exhibit 160.

[06:03:04] Commonwealth:

So at this point, I would seek to publish the PowerPoint presentation, Your Honor.

[06:03:08] Commonwealth:

You may.

[06:03:09] Commonwealth:

Thank you, Your Honor. Ms. Gilman, could we have the PowerPoint presentation for iPhone SE and iPhone 13? And can we go to the first slide? OK. Trooper, is this the PowerPoint presentation you created?

[06:03:29] Speaker 24:

Yes, sir.

[06:03:30] Commonwealth:

All right. So what number Or in what device are you looking at native location data and mapping in this slide?

[06:03:39] Speaker 24:

This slide refers to the iPhone SE, the phone device ending in 8082.

[06:03:46] Commonwealth:

Can I see counts at the side of the bench?

[06:04:09] UNKNOWN:

Thank you. you

[06:05:50] Commonwealth:

All right, so which one's the accurate number?

[06:05:53] Speaker 24:

The accurate number is from the Verizon records, ending in 8028. Okay.

[06:05:59] Commonwealth:

And so in the PowerPoint presentation, you made an error as far as transcribing those two numbers. Yes. Okay. So Ms. Gilman, if we could close out of that, and for the record, on your PowerPoint presentation, the last two numbers are wrong. Correct. Okay. So if we could go back to that slide that we had. Now, looking at this, on January 1st, 2023, that's the date you've put these points in.

[06:06:32] Speaker 24:

Correct.

[06:06:33] Commonwealth:

What is the significance of the red dots?

[06:06:36] Speaker 24:

That signifies this was the data from the iPhone SE. Okay.

[06:06:41] Commonwealth:

So let's go to the next slide. Now again, the number in the corner, the last two numbers have been transcribed, correct? Correct. Transposed. Yes, sir. So it should be 8028.

[06:06:57] Speaker 24:

That is correct.

[06:06:58] Commonwealth:

All right. Now, what is the significance of the red dot 2?

[06:07:07] Speaker 24:

That was the line of data from the Excel. That's what the two represents. And this is the data from the iPhone SE.

[06:07:13] Commonwealth:

OK. Now, what is the date and time corresponding to that line of data?

[06:07:19] Speaker 24:

January 1st, 2023 at approximately 5.07 PM.

[06:07:24] Commonwealth:

And where is the device located according to the native location data at 5.07 PM on January 1st?

[06:07:33] Speaker 24:

In the southeast, sorry, at the landing at Vinnin Square Apartments at 330 Paradise Road, Swampscott, Massachusetts.

[06:07:41] Commonwealth:

Okay. Could we have the next slide, please? This next slide, again, the numbers should read 8028? Correct. Okay. And what is the significance, or what is the date and time you have with the red, what is the significance of the red dot three?

[06:08:03] Speaker 24:

That represents the native location data from the iPhone SE.

[06:08:07] Commonwealth:

OK. And what is the date and time of the native location data that corresponds to the location of that line of code?

[06:08:19] Speaker 24:

January 1, 2023 at approximately 5.41 PM.

[06:08:23] Commonwealth:

And where is the phone located?

[06:08:27] Speaker 24:

In the area of Lowe's Home Improvement in Danvers, Massachusetts.

[06:08:30] Commonwealth:

OK. Could we have the next slide, please? Looking at this slide, again, this should be 8028, correct?

[06:08:40] Speaker 24:

Correct.

[06:08:40] Commonwealth:

Okay. What is the significance of the red dot for?

[06:08:46] Speaker 24:

Again, that's the native location data from the iPhone SE.

[06:08:50] Commonwealth:

And what is the date and time corresponding to the data for line number four?

[06:08:56] Speaker 24:

January 1st, 2023 at approximately 624 PM.

[06:09:00] Commonwealth:

And where is the phone located at 624 PM on January 1st?

[06:09:05] Speaker 24:

in the parking lot of CVS Santander Bank in Danvers, Massachusetts.

[06:09:10] Commonwealth:

Okay. Could I have the next slide, Ms. Gelman? Now, this next slide, again, the number should be 8028, correct? Correct. All right. What is the significance of the red dot 5?

[06:09:25] Speaker 24:

The native location data from the iPhone SE.

[06:09:28] Commonwealth:

And what is the date and time corresponding to the number 5?

[06:09:34] Speaker 24:

This represents January 1st, 2023 at approximately 6.53 p.m. And where is the phone located? In the Stop and Shop Plaza in Swampscott, Massachusetts.

[06:09:46] Commonwealth:

Could we have the next slide, please, Ms. Gilman? And again, 8028 is what it should read, correct? Yes, sir. All right. What is the significance of the red eight?

[06:10:01] Speaker 24:

The native location data from the iPhone SE.

[06:10:04] Commonwealth:

And that dot's telling you where the phone would be, right? Yes. Okay. What is the date and time of where that phone is at 0.8?

[06:10:17] Speaker 24:

January 1st, 2023 at 8.08 PM.

[06:10:19] Commonwealth:

And where is it located?

[06:10:21] Speaker 24:

In the Stop and Shop Plaza in Gohaz in Massachusetts.

[06:10:25] Commonwealth:

Can we have the next slide, please? Now, same question, this should be 8028?

[06:10:32] Speaker 24:

Yes, sir.

[06:10:32] Commonwealth:

All right. And what is the significance of red dot 10?

[06:10:38] Speaker 24:

Represents the location of, the date of location of the iPhone SE.

[06:10:42] Commonwealth:

And so that's where the phone would be located? Yes. And what is the date and time of where the iPhone SE is according to point 10?

[06:10:53] Speaker 24:

on January 1st, 2023 at 8.31 p.m. It is located in the area of 516 Chief Justice Cushing Highway, Cohasset, Massachusetts.

[06:11:06] Commonwealth:

Going to the next slide. And again, same question, 8028 is what it should read in the corner?

[06:11:13] Speaker 24:

Yes, sir.

[06:11:14] Commonwealth:

All right. And what is the significance of the number 12 with a red dot underneath it?

[06:11:20] Speaker 24:

Represents the native location of the iPhone SE.

[06:11:24] Commonwealth:

And what is the date and time corresponding to 0.12? January 2nd, 2023 at 9.30 a.m., approximately 9.30 a.m. And where is the phone located according to 0.12?

[06:11:40] Speaker 24:

In the Home Goods TJ Maxx parking lot in Norwell, Massachusetts.

[06:11:45] Commonwealth:

Then going to the next slide. And so now, what is the phone number here?

[06:11:54] Speaker 24:

Now the phone number, this is the date of location data for the iPhone 13 mini, phone number 617-939-8646.

[06:12:02] Commonwealth:

Is that the same number that corresponds to the Verizon records?

[06:12:08] Speaker 24:

Yes, sir.

[06:12:08] Commonwealth:

Okay. Now, what is the significance of the blue dot with the 1716?

[06:12:16] Speaker 24:

To distinguish between the iPhone SE and iPhone 13, this data from the iPhone 13 mini is blue, highlighted in blue. And 1716 is the line of data from the thousands of data points from the Excel sheet.

[06:12:30] Commonwealth:

So before this point, there would be 1,715 points of data before this?

[06:12:38] Speaker 24:

Yes.

[06:12:40] Commonwealth:

Okay. What is the date and time that corresponds to the 1716? That is January 2nd, 2023 at approximately 4.15 p.m. And where is the phone located according to this line of data, 1716?

[06:12:57] Speaker 24:

In the entrance parking lot of Home Depot, located in Rockland, Massachusetts.

[06:13:05] Commonwealth:

Going to the next slide. What is the significance of the blue dot with the 1-8-0-1?

[06:13:15] Speaker 24:

It is the native location of the iPhone 13 mini.

[06:13:18] Commonwealth:

And what was the date and time that corresponds to the native location 1-8-0-1?

[06:13:25] Speaker 24:

January 2nd, 2023 at approximately 514 PM.

[06:13:30] Commonwealth:

And what phone number is this for?

[06:13:34] Speaker 24:

The number ending in 8-6-4-6.

[06:13:36] Commonwealth:

And where is it located?

[06:13:38] Speaker 24:

The Derby Street shops by the Shake Shack in Hingham, Massachusetts.

[06:13:44] Commonwealth:

If we could go to the next slide. What phone number corresponds to this slide?

[06:13:50] Speaker 24:

The phone number ending in 8646.

[06:13:53] Commonwealth:

And this corresponds to which phone?

[06:13:55] Speaker 24:

The iPhone 13 mini.

[06:13:57] Commonwealth:

And what is the significance of 1872?

[06:13:59] Speaker 24:

That represents the native location data for this point.

[06:14:04] Commonwealth:

And what is the date and time that corresponds to 1872?

[06:14:08] Speaker 24:

January 2nd, 2023 at approximately 6 p.m. And where is it located? The Stop and Shop Plaza in Cohasset, Massachusetts.

[06:14:16] Commonwealth:

Could we have the next slide, please? Looking at this slide, what phone number is this for?

[06:14:25] Speaker 24:

The phone number ending in 8646.

[06:14:29] Commonwealth:

And what is the date, what is the significance of 1895 with a blue dot?

[06:14:35] Speaker 24:

It represents the native location of the iPhone 13 mini.

[06:14:39] Commonwealth:

And what is the date and time that corresponds to that data?

[06:14:42] Speaker 24:

January 2nd, 2023 at approximately 6.13 p.m. And where is it located? The Walgreens, Shaw's Plaza in Cohasset, Massachusetts.

[06:14:53] Commonwealth:

Could we have the next slide, please? Now, sir, what is the significance of the blue dot 3776?

[06:15:02] Speaker 24:

This represents the native location data from the iPhone 13 mini.

[06:15:07] Commonwealth:

And you say iPhone 13 mini ends in 8646?

[06:15:13] Speaker 24:

Yes, sir.

[06:15:13] Commonwealth:

And what is the date and time that corresponds to this data?

[06:15:16] Speaker 24:

January 3rd, 2023 at approximately 4.30 PM.

[06:15:20] Commonwealth:

And where is this phone located?

[06:15:24] Speaker 24:

The device is in the area of the Claremont Apartments in Chestnut Glen in Abington, Massachusetts.

[06:15:31] Commonwealth:

Do we have the next slide, please? What phone number corresponds to this slide?

[06:15:39] Speaker 24:

The phone number ending in 8646.

[06:15:42] Commonwealth:

And that corresponds to which phone?

[06:15:44] Speaker 24:

The iPhone 13 Mini.

[06:15:46] Commonwealth:

And what is the significance of the blue dot with the 3840?

[06:15:50] Speaker 24:

That is the native location data.

[06:15:53] Commonwealth:

And what is the date and time?

[06:15:55] Speaker 24:

January 3rd, 2023 at approximately 448 p.m. And where is the phone located? The Point Apartments in Abingdon, Massachusetts.

[06:16:06] Commonwealth:

Could we have the next slide, please? Thank you, Ms. Gilman. Looking at this slide, what phone number does this correspond to?

[06:16:14] Speaker 24:

The phone number ending in 8646.

[06:16:17] Commonwealth:

And what is the significance of the blue dot with the 3926?

[06:16:20] Speaker 24:

The native location for the iPhone 13 mini.

[06:16:24] Commonwealth:

And what is the date and time that corresponds to this?

[06:16:27] Speaker 24:

January 3rd, 2023 at approximately 514 PM.

[06:16:32] Commonwealth:

And where is it located according to the native location data?

[06:16:36] Speaker 24:

The Chatham West Apartments in Brockton, Massachusetts.

[06:16:40] Commonwealth:

Could we have the next slide, please? Looking at the next slide, what phone number does this correspond to?

[06:16:50] Speaker 24:

The phone number ending in 8646.

[06:16:52] Commonwealth:

And what is the device that that corresponds to?

[06:16:56] Speaker 24:

The iPhone 13 mini.

[06:16:58] Commonwealth:

And what is the significance of the blue dot with the 5228?

[06:17:02] Speaker 24:

That is the native location of the iPhone 13 mini.

[06:17:07] Commonwealth:

And what is the date and time that corresponds to that point of data?

[06:17:11] Speaker 24:

January 4th, 2023 at approximately 9 44 a.m. And where is the phone located? The Home Goods TJ Max Plaza in Norwell, Massachusetts. Okay.

[06:17:23] Commonwealth:

Looking at the next slide, please. What phone number does this correspond to?

[06:17:28] Speaker 24:

The iPhone 13 mini ending in 8646.

[06:17:34] Commonwealth:

And what is the significance of the blue dot with the 6461?

[06:17:40] Speaker 24:

The date of location data.

[06:17:42] Commonwealth:

And what is the date and time that it corresponds to?

[06:17:45] Speaker 24:

January 4th, 2023 at approximately 1247 PM.

[06:17:50] Commonwealth:

And where is it located?

[06:17:52] Speaker 24:

The Shaw's Walgreens Plaza in Cohasset, Massachusetts.

[06:17:57] Commonwealth:

And could we have the next slide? Looking at this slide, which phone number does it correspond to?

[06:18:04] Speaker 24:

The iPhone 13 mini ending in 8646.

[06:18:08] Commonwealth:

And what is the significance of the blue dot with the 8194?

[06:18:13] Speaker 24:

The native location.

[06:18:15] Commonwealth:

And what is the date and time that it corresponds to?

[06:18:17] Speaker 24:

January 4th, 2023 at approximately 425 PM.

[06:18:21] Commonwealth:

And where is it located, sir?

[06:18:25] Speaker 24:

The Lowe's Home Improvement in Weymouth, Massachusetts.

[06:18:29] Commonwealth:

And could we have the next slide? Looking at this slide, which phone number does this correspond to?

[06:18:37] Speaker 24:

The iPhone 13 mini, ending in 8646.

[06:18:41] Commonwealth:

And what is the significance of the blue dot with the 15333? That is the native location data. And what is the date and time that corresponds to?

[06:18:53] Speaker 24:

January 5th, 2023 at approximately 9.30 a.m. And where is the phone located? The southeast corner, next to a large trash compactor. Of what area? Oh, sorry, the Vinnon Square Apartments, the landing at Vinnon Square Apartments at 330 Paradise Road, Swampscott, Massachusetts.

[06:19:16] Commonwealth:

Now, if we could close out of that. Sir, what do you do to corroborate native location data?

[06:19:28] Speaker 24:

We use cell site location information. So from the provider, again, we use LPRs and surveillance video.

[06:19:35] Commonwealth:

OK. LPRs? What are those?

[06:19:37] Speaker 24:

License plate readers.

[06:19:38] Commonwealth:

OK. In addition to getting native location data, did you have the opportunity to review the search history from the iPhone 13 mini? Yes. Okay. Now, did you create a report of the search history of the iPhone 13 mini? Yes. When I say search history, what is the search engine the iPhone 13 mini was using?

[06:20:09] Speaker 24:

The Safari web browser.

[06:20:12] Commonwealth:

I'm sorry. I should have said that. What browser is it using?

[06:20:14] Speaker 24:

Safari.

[06:20:15] Commonwealth:

OK. So if I'm wrong, correct me.

[06:20:17] Speaker 24:

Yes, sir.

[06:20:18] Commonwealth:

All right. So it's using the Safari web browser to go onto the internet.

[06:20:23] Speaker 24:

Yes.

[06:20:24] Commonwealth:

And so how is this different than, say, the internet history if this is just the search history?

[06:20:30] Speaker 24:

So this would just be the search terms related to Safari. So the term entered on Safari, whereas the web history would include pages visited, the amounts visited. It would have more details.

[06:20:45] Commonwealth:

And with the web history, did you also create a select report for the web history of the iPhone 13 mini for December 31 at approximately 930 AM?

[06:20:57] Speaker 24:

Yes.

[06:21:01] Commonwealth:

I'm going to show you a binder and ask if you recognize the documents inside of it. Take a look inside. Yes, sir. The first chapter, do you recognize that document?

[06:21:21] Speaker 24:

Yes, I do.

[06:21:22] Commonwealth:

What is that document?

[06:21:23] Speaker 24:

This is the Safari search history of the iPhone 13 Mini.

[06:21:27] Commonwealth:

You created that? Yes. Using what program, sir?

[06:21:30] Speaker 24:

Celebrate.

[06:21:31] Commonwealth:

OK. Could you turn to the next chapter as well? It's all the way to the end. And that second chapter in the book, what is that?

[06:21:46] Speaker 24:

That is the web history.

[06:21:47] Commonwealth:

The web history. Now, the search history, what dates did that correspond to? If you want to turn to the front.

[06:21:55] Speaker 24:

OK. Sure. That is December 25th, 2022 through January 4th, 2023. Okay.

[06:22:05] Commonwealth:

In the web history, what time frame does that cover?

[06:22:09] Speaker 24:

That was just December 31st, 2022. Around 930 AM? Yes.

[06:22:15] Commonwealth:

Okay. So when you create these reports, you can choose the times and filter them out that way.

[06:22:21] Speaker 24:

Yes, sir.

[06:22:22] Commonwealth:

Your Honor, Commonwealth would seek to have this binder as the next exhibit, which contains the search history for the Apple iPhone 13 mini from December 25th, 2022 to January 4th, 2023, and Safari web history, Apple iPhone 13 mini, December 31st, 2022 to the 28th a.m., 231 a.m.

[06:22:48] Commonwealth:

Okay. Can I see at the side of the bench?

[06:23:12] UNKNOWN:

. . Thank you.

[06:24:29] Commonwealth:

So it's one exhibit.

[06:24:48] Commonwealth:

Yes, one binder, one exhibit.

[06:24:49] Commonwealth:

All right. So the Safari search history and the Safari web history for the iPhone 13 mini. for the times indicated by Council is now in evidence as Exhibit 161.

[06:25:02] Commonwealth:

Your Honor, may I publish the Safari search history?

[06:25:19] Commonwealth:

Yes, you may.

[06:25:20] Commonwealth:

Thank you, Your Honor. Ms. Gilman, could we have the Safari search history for the iPhone 13 mini? So Trooper, can you see this? Yes, sir. I'd like to ask you some questions about the columns at the top.

[06:25:42] Speaker 24:

Yes.

[06:25:43] Commonwealth:

OK. So what is the number column?

[06:25:48] Speaker 24:

The number of data sequentially in this file.

[06:25:52] Commonwealth:

OK. What's timestamp?

[06:25:53] Speaker 24:

Date, time, the search occurred. OK. What is source? Source is the database in which the data was extracted from.

[06:26:02] Commonwealth:

So on this first line of code where it says Safari, are there other databases that this draws from?

[06:26:09] Speaker 24:

Yes.

[06:26:10] Commonwealth:

What is the other database that this draws from?

[06:26:12] Speaker 24:

The KnowledgeC database.

[06:26:14] Commonwealth:

And so what is the difference between the two databases?

[06:26:18] Speaker 24:

KnowledgeC is a larger database within the iOS operating system. It takes app data, app usage. phone information, internet history, so it's a larger database. Safari is just the Safari database.

[06:26:35] Commonwealth:

Now, if there is a search in the Safari database, and then there's a search in the KnowledgeC database, are they two different searches?

[06:26:45] Speaker 24:

No.

[06:26:46] Commonwealth:

It's the same search located in two different places within the phone?

[06:26:49] Speaker 24:

That's correct.

[06:26:50] Commonwealth:

OK. So the data will repeat within this report?

[06:26:54] Speaker 24:

That is correct, sir.

[06:26:55] Commonwealth:

OK. What is value?

[06:26:58] Speaker 24:

value was the search term entered.

[06:27:02] Commonwealth:

What is parameters?

[06:27:05] Speaker 24:

So for these blank columns, not all reports, Cellbrite is not able to extract or parse out the data for specific apps. So in this case, Cellbrite was not able to parse out any information pertaining to these columns.

[06:27:21] Commonwealth:

And so when we see account service identifier parameters, and there's nothing there, Celebrite couldn't read the data or couldn't produce it?

[06:27:33] Speaker 24:

Correct.

[06:27:33] Commonwealth:

Okay. What does it mean if origin is unknown?

[06:27:39] Speaker 24:

The source origin of the search was unknown.

[06:27:43] Commonwealth:

Okay. So I'd like to direct your attention to item number 16 on page 2. What is the date and time of item number 16?

[06:28:02] Speaker 24:

The date is December 25th, 2022 at 11 52 a.m. And what is the value?

[06:28:10] Commonwealth:

Check a flight jet blue. And so value, what does that mean as far as, just so we're clear, how is value created on the phone?

[06:28:24] Speaker 24:

Search term entered by the user of the device.

[06:28:27] Commonwealth:

OK, so it's not being generated automatically by the phone. The user is inputting the value.

[06:28:33] Speaker 24:

Yes, sir.

[06:28:34] Commonwealth:

OK. Could we go down to item 21? What is the date and time of item 21?

[06:28:44] Speaker 24:

December 25th, 2022 at 1209 PM.

[06:28:50] Commonwealth:

And what is the value inputted into the phone?

[06:28:56] Speaker 24:

William Fastow, DC Real Estate.

[06:28:59] Commonwealth:

And could we scroll down to item 27? What is the date and time of item 27 on page three?

[06:29:12] Speaker 24:

December 25th, 2022 at 1209 p.m. And what is the value input into the phone? William Fastow DC Real Estate.

[06:29:23] Commonwealth:

Scrolling down on page three to item 35. What is the date and time on item 35?

[06:29:34] Speaker 24:

December 25th, 2022 at 1222 p.m. And what is the value input into the phone? Anna Walsh Tishman Spire.

[06:29:46] Commonwealth:

Can we scroll down to item 43 onto page 4? What is the date and time stamp for item 43?

[06:30:00] Speaker 24:

December 25th, 2022, 1228 p.m.

[06:30:04] Commonwealth:

What is the value input into the phone? Christmas Day plane crash. Can we scroll down to item 50? What is the date and time stamp for item 50 on page 4?

[06:30:24] Speaker 24:

December 25th, 2022 at 12 31 p.m.

[06:30:29] Commonwealth:

And what is the value that is input? Jeff Chad Tishman Spire. Can we scroll down to item 53? What is the date and time stamp of item 53?

[06:30:48] Speaker 24:

December 25th, 2022, 1245 p.m. And what is the value that is input?

[06:30:56] Commonwealth:

Anna Walsh, Founded. Can we scroll down to item 57 on page five? What is the date and time stamp of item 57?

[06:31:09] Speaker 24:

December 25th, 2022 at 1246 p.m. And what is the value that is input?

[06:31:17] Commonwealth:

Jeff Chod. Now, Ms. Gilman, can we go to page 14 and look at item 193? Sir, what is the date and time stamp of item 193?

[06:31:33] Speaker 24:

December 25th, 2022 at 8.28 p.m. And what is the value that is input?

[06:31:40] Commonwealth:

Autobahn. And can we now go to page 22, item 316? What is the date and time stamp of item 316?

[06:31:58] Speaker 24:

December 27, 2022.

[06:32:02] Commonwealth:

And what is the value that's put in?

[06:32:07] Speaker 24:

It was at 6.57 a.m. and the value was all my exes.

[06:32:12] Commonwealth:

Now, the next one down, is it fair to say that's all my exes live in Texas?

[06:32:18] Speaker 24:

Yes, sir.

[06:32:19] Commonwealth:

Are you familiar with that being a song?

[06:32:21] Speaker 24:

Yes, I believe so.

[06:32:23] Commonwealth:

Can we now go to page 54? and go to item 804. What is the date and time stamp of 804?

[06:32:38] Speaker 24:

December 29th, 2022 at 9.13 PM.

[06:32:42] Commonwealth:

And what is the value put into the phone? Mazza Building, Washington. And scrolling down to 8.13, What is the date and time for item 813?

[06:33:00] Speaker 24:

December 29th, 2022 at 9.15 PM.

[06:33:04] Commonwealth:

And what is the value that is input into the phone?

[06:33:08] Speaker 24:

Maza Building, Washington, D.C. Scrolling down to 8.20.

[06:33:15] Commonwealth:

What is the time stamp for 8.20?

[06:33:17] Speaker 24:

9.15 PM.

[06:33:21] Commonwealth:

And what day?

[06:33:23] Speaker 24:

Sorry, December 29th, 2022, 9.15 p.m. And what is the value input?

[06:33:30] Commonwealth:

Crossing building, Washington, D.C. And can we go to page 85? And line 1271? Sir, what is the date and time on item 1271. That is January 2nd, 2023 at 642 p.m. And what is the value that is input? I'm good. Going down to the bottom of page 85 and looking at item 1274, what is the time stamp for that?

[06:34:14] Speaker 24:

It is January 3rd, 2023 at 1125 a.m. And

[06:34:21] Commonwealth:

What is the value that is input into the phone?

[06:34:26] Speaker 24:

Washington DC police.

[06:34:30] Commonwealth:

Could we go to page 90? Thank you. And going to page 90, line one, can we scroll down to 1343. Thank you. What is the time stamp for that?

[06:35:00] Speaker 24:

That is January 3rd, 2023 at 723 PM.

[06:35:05] Commonwealth:

And what is the value put into it? How to file a missing persons report. Can we go down to page 91, item 359? Item number is 1359. And I'm sorry, I meant to say 1358. Could you go up one? Thank you. 1358. What is the time stamp for 1358?

[06:35:37] Speaker 24:

January 3rd, 2023 at 727 p.m. And what is the value?

[06:35:43] Commonwealth:

Washington, D.C. Police Department. And can we go to page 92 and look at item 1368? What is the time stamp for 1368?

[06:36:02] Speaker 24:

January 4th, 2023 at 10, 11 a.m. And what is the value that was input at that time? The crossing wash.

[06:36:13] Commonwealth:

Could we go down to item 1389? What is the time stamp for 1389?

[06:36:28] Speaker 24:

January 4th, 2023, 1014 a.m. And what is the value that was put in? Mazza Building, Washington, D.C.

[06:36:38] Commonwealth:

And could we now go to item 1402, scrolling down the page. We are now on page 94. What is the time stamp for item 1402?

[06:36:55] Speaker 24:

January 4th, 2023, 10.15 a.m. And what is the value that is input? Jeff Chad Tishman.

[06:37:03] Commonwealth:

Can we go to item 1414 on page 95? What is the time stamp for 1414?

[06:37:20] Speaker 24:

January 4th, 2023, 1056 a.m. And what is the value that is put in there? Will Fastow.

[06:37:28] Commonwealth:

And then underneath that, is there a different spelling of Fastow for item 1415? Yes. And then scrolling down to item 1438 on page 96, on page 96. What is the time stamp for item 1438? January 4th, 2023 at 1.24 p.m. And then underneath that is item 1439. What is the time stamp for that? January 4th, 2023 at 1.26 p.m. And this looks different than the other values. What is this?

[06:38:18] Speaker 24:

This was a search from Apple Maps, sorry.

[06:38:23] Commonwealth:

So when you see that bolded result, is that saying it's from Apple Maps?

[06:38:28] Speaker 24:

Yes, you can see the source file, Apple Maps.

[06:38:31] Commonwealth:

So that's different than Knowledge C, and that's different than Safari? Yes. OK. And then the last one is the one directly underneath it, 1440. What is the timestamp for that?

[06:38:45] Speaker 24:

January 4th, 2023, 2 49 PM.

[06:38:50] Commonwealth:

And what is the value that is put in there? I'm good. Now, if we could close out of this and go to the second chapter in that binder, web history, On this, sir, what is this? The columns that look different. I want to ask you, what is URL?

[06:39:34] Speaker 24:

Uniform Resource Locator. It's the website, essentially the website visited.

[06:39:40] Commonwealth:

OK. And what is the URL in item number one?

[06:39:46] Speaker 24:

casinos.balleys.com backslash Lincoln.

[06:39:50] Commonwealth:

And what is the last visited time and date?

[06:39:55] Speaker 24:

December 31, 2022 at 9.28 AM.

[06:40:00] Commonwealth:

And going to visits and usage pattern, those are columns that are empty, like our last sheet. Was that that Celebrite didn't have any data, couldn't give you any data on that? Yes. And then for source info, it says Knowledge C. And the one directly underneath, it says Safari. Is this also pulling from different databases?

[06:40:25] Speaker 24:

Yes, it is, sir.

[06:40:26] Commonwealth:

OK. So as far as the web history for the device, for items 1 through 12, what did you notice about the URLs?

[06:40:43] Speaker 24:

They contained the casinos.balleys.com. URL.

[06:40:48] Commonwealth:

And after dot com, there's a backslash. What's the next word? Oh, sorry, Lincoln. Now, going down to item 13 through 17. So, sir. What did you notice as far as the URLs for items 13 through 17 on page four?

[06:41:21] Speaker 24:

The URL was mgmspringfield.mgmresorts.com.

[06:41:25] Commonwealth:

And what is the date and time stamp for 13? December 31st, 2022 at 9.30 a.m. Now, if we could then scroll to item 25, On item 25, sir, what did you notice as far as the URLs on items 25, say through items 30 to item 34?

[06:42:00] Speaker 24:

Again, they contain the mgmspringfield.mgmresorts.com.

[06:42:05] Commonwealth:

And what is the timestamp for item 25? December 31st, 2022 at 930 a.m. And could we then go down to items 38 and 39? On items 38 and 39, what did you notice about the URLs?

[06:42:34] Speaker 24:

Again, it was the mgmspringfield.mgmresorts.com.

[06:42:37] Commonwealth:

And what is the date and time stamp for item 38? December 31st, 2022, 9.31 a.m. Now, sir, in addition to having access to native location data and web history and search history, you can close out of that, Ms. Gilman. Thank you very much. Did you have the opportunity to, through Celebrite, look at text messaging or messaging in the phone? Yes. And then when I say the phone, I'm talking about the iPhone 13 mini. Correct. Okay. Now, with the iPhone 13 mini, can you break out the text to individual chats with certain numbers?

[06:43:18] Speaker 24:

Yes, you can.

[06:43:19] Commonwealth:

Okay. So, and with that, did you create certain reports that correspond to these chats?

[06:43:25] Speaker 24:

Yes, I did.

[06:43:46] Commonwealth:

You may. Thank you, Your Honor. Do you recognize this first report?

[06:43:51] Speaker 24:

Yes, I do.

[06:43:52] Commonwealth:

And did you create this report? I did. And in this report, can you tell us what it is?

[06:43:58] Speaker 24:

It is a text message report.

[06:44:01] Commonwealth:

And what are the numbers that correspond to the text message?

[06:44:06] Speaker 24:

The last four is 8646.

[06:44:08] Commonwealth:

Okay, and that's the iPhone 13 mini's phone? Correct. And then the next phone number, last four digits?

[06:44:14] Speaker 24:

2005.

[06:44:15] Commonwealth:

And does it have a designation or an ID or some kind of identifier next to it? Yes. What?

[06:44:22] Speaker 24:

Contact associated is paint.

[06:44:25] Commonwealth:

And what is the time frame of that?

[06:44:29] Speaker 24:

This is January 5th, 2023.

[06:44:31] Commonwealth:

The Commonwealth would seek to have this text run as the next exhibit, Your Honor?

[06:44:37] Commonwealth:

Any objection to that?

[06:44:39] Commonwealth:

No objection.

[06:44:40] Commonwealth:

Text thread labeled paint?

[06:44:44] Commonwealth:

I would go by the numbers, but... Sure.

[06:44:46] Commonwealth:

Why don't you read it into the record?

[06:44:49] Commonwealth:

Certainly. It would be a text thread between 8646 and 2005.

[06:44:54] Commonwealth:

Okay. Sounds good. That's now in evidence as exhibit 162.

[06:45:00] Speaker 17:

So I'm not going to do it 162.

[06:45:06] Commonwealth:

Ms. Gilman, can we have that text read out? So you said contact information when you referred to paint. Did you create that, or is that from the phone? That was pulled during the extraction process of the phone. But you don't do anything to put that number as paint? No, I do. Celebrite, through examining the data, gives you that contact information? Correct. OK. So looking at this first entry, what is the significance of this bubble being in green?

[06:45:50] Speaker 24:

Green means it was sent by the owner, the number ending in 8646.

[06:45:55] Commonwealth:

And then underneath, so the from and to, who is this from?

[06:46:00] Speaker 24:

That is from Brian Walsh. And who is it to? The number ending in 2005 with the contact paint associated.

[06:46:11] Commonwealth:

What is the body of the text?

[06:46:13] Speaker 24:

Hello, Brian Walsh, 516 Chief Justice Cushing Highway, 617-939-8646. New address from last time. Thank you.

[06:46:26] Commonwealth:

And can you tell whether or not this text was actually sent?

[06:46:30] Speaker 24:

Yes.

[06:46:30] Commonwealth:

How so?

[06:46:31] Speaker 24:

The status in the bottom left

[06:46:34] Commonwealth:

And so then there's a time and date at the bottom. What is that indicative? What is that telling you?

[06:46:40] Speaker 24:

The date and time the text message was sent.

[06:46:43] Commonwealth:

Can we scroll down to the next message? Sir, looking at this message, who is the sender of it?

[06:46:53] Speaker 24:

Brian Walsh. To who? The contacts of paint.

[06:46:59] Commonwealth:

And in the body of the text, is it fair to say it's just images?

[06:47:02] Speaker 24:

It appears to be two images. Yes.

[06:47:04] Commonwealth:

And was it sent? Yes. And can we scroll down to the final one? The final text, who is sending it?

[06:47:16] Speaker 24:

Brian Walsh.

[06:47:17] Commonwealth:

And what does the body of it say?

[06:47:19] Speaker 24:

Good morning. Let me know about the ceiling. Best, Brian.

[06:47:23] Commonwealth:

What was the date and time of that text?

[06:47:25] Speaker 24:

January 6th, 2023, 749 AM.

[06:47:34] Speaker 23:

You can close out of that, Ms. Gelman.

[06:47:35] Speaker 18:

Thank you very much.

[06:47:52] Commonwealth:

I'm showing you another report and asking if you recognize that.

[06:47:56] Speaker 24:

Yes, I do.

[06:47:57] Commonwealth:

And is that a report you created from Celebrite from the iPhone 13 mini text messages? Yes, sir. What is the last four digits, or actually, what is the number that's being, the text message is being sent to, last four digits?

[06:48:11] Speaker 24:

The number ends in 5605. 5605.

[06:48:13] Commonwealth:

Yes, sir. And this is printed on both sides, correct? Correct. Okay, so it's two pages, but on one piece of paper. Yes. All right. And you created this using the cello bread? I did. The Commonwealth would seek to have this marked as the next exhibit.

[06:48:30] Commonwealth:

Any objection? The celebrate report between 8646 and 5605 is now in evidence as exhibit 163.

[06:48:41] Commonwealth:

And we have that text thread between 8646 and number ending in 5605. Thank you. Sir, who's sending the first text in this thread? Brian Walsh. And can you tell us the body of this text?

[06:49:09] Speaker 24:

Hello, I called MGH, South Shore Hospital, Brigham and Women's, they don't have Anna. Thank you for your support, Brian. Please let us know if you have any updates.

[06:49:20] Commonwealth:

What was the, now under this it says, there's a section that says delivered?

[06:49:26] Speaker 24:

Yes.

[06:49:26] Commonwealth:

What does that mean?

[06:49:28] Speaker 24:

when the text message was delivered to the receiving party.

[06:49:32] Commonwealth:

How is that different than the other time stamp in the bottom?

[06:49:37] Speaker 24:

Because it was sent approximately four seconds before it was delivered to the device itself.

[06:49:45] Commonwealth:

I'm sorry, I talked over you. This status, it indicates that it was sent as well, correct? Yes, sir. Could we scroll down, Ms. Gelman, to the next text in the thread? Sir, who's sending this text?

[06:50:01] Speaker 24:

The number ending in 5605.

[06:50:03] Commonwealth:

And so what's the significance of blue?

[06:50:07] Speaker 24:

It is an incoming text message.

[06:50:10] Commonwealth:

And incoming to the 8646 number?

[06:50:14] Speaker 24:

That is correct.

[06:50:15] Commonwealth:

And what is the body of this text?

[06:50:19] Speaker 24:

Hugh Dunleavy, 1347-913-2053.

[06:50:26] Commonwealth:

And this text, this has a red line on it. What does that mean?

[06:50:34] Speaker 24:

That's when the message was read on the device.

[06:50:38] Commonwealth:

And in addition, there's a status. Does that also indicate it's read?

[06:50:43] Speaker 24:

Yes, sir.

[06:50:44] Commonwealth:

And then the last time stamp, what is that telling you?

[06:50:48] Speaker 24:

That's when it was delivered.

[06:50:49] Commonwealth:

Can we scroll down to the next text? Sir, who's sending this text?

[06:50:59] Speaker 24:

The number ending in 5605.

[06:51:00] Commonwealth:

And can you read the body of this text?

[06:51:04] Speaker 24:

Hi, Brian. I believe Hugh has been in touch with you and understand the police are taking over. I adore Anna, thinking of you and the boys. Please let me know if you need anything, Teresa.

[06:51:15] Commonwealth:

And can you tell if this text was read?

[06:51:18] Speaker 24:

Yes.

[06:51:19] Commonwealth:

At what time?

[06:51:21] Speaker 24:

It was January 4th, 2023 at 8, 10 p.m. And can we continue to scroll down, Ms. Gilman?

[06:51:28] Commonwealth:

Who's sending this next text, sir?

[06:51:31] Speaker 24:

This is Brian Walsh.

[06:51:33] Commonwealth:

The phone associated with Brian Walsh?

[06:51:34] Speaker 24:

Yes, the phone associated with Brian Walsh.

[06:51:36] Commonwealth:

Just to be clear, you don't know who's sending the actual text, you just know the phone is sending it?

[06:51:40] Speaker 24:

Correct.

[06:51:40] Commonwealth:

Okay. And so can you read the body of the text?

[06:51:46] Speaker 24:

Good evening, Teresa. Thank you for your support during these difficult days. The private investigators wanted to know if Anna had any vacation days this week. Thank you again. Best, Brian. P.S. We adore Anna too. Looking forward to her coming home soon. And she spoke very highly of you always. I am.

[06:52:08] Commonwealth:

And when was this text delivered?

[06:52:10] Speaker 24:

January 5th, 2023 at 412 p.m. Can we scroll down to the final text?

[06:52:17] Commonwealth:

And who's sending this? Which phone number is sending this?

[06:52:23] Speaker 24:

The number ending in 8646.

[06:52:25] Commonwealth:

And sir, what's the body of this text?

[06:52:29] Speaker 24:

Last question. Are there Tishman Spire personnel at the Maza building? Thanks.

[06:52:34] Commonwealth:

And when was this text delivered?

[06:52:37] Speaker 24:

January 5th, 2023 at 417 PM.

[06:53:03] Commonwealth:

You may approach.

[06:53:06] Commonwealth:

Do you recognize this report?

[06:53:12] Speaker 24:

Yes, sir.

[06:53:12] Commonwealth:

Is this an additional report of text messages you created from the iPhone 13 mini?

[06:53:16] Speaker 24:

Yes.

[06:53:17] Commonwealth:

And this corresponds to a contact. What's the contact name? Alyssa. The other phone number associated with this text thread is 8646. Yes.

[06:53:35] Commonwealth:

So it's between 8646 and another number or just Alyssa?

[06:53:39] Commonwealth:

Another number ending in 2189.

[06:53:43] Commonwealth:

2189 it is. The text message thread between the iPhone mini 8646 and 2189 is now in evidence as exhibit 164.

[06:53:56] Commonwealth:

Ms. Gilman, could we scroll down to page two of the top text? Sir, this is blue, this top text. Who's sending it?

[06:54:34] Speaker 24:

The number ending in 2189.

[06:54:37] Commonwealth:

And what is the body of this text?

[06:54:41] Speaker 24:

Thank you so much, Brian. Happy New Year. Hope you're well. Four.

[06:54:46] Commonwealth:

And when was this read? January 2nd, 2023, 3.05 p.m. And scrolling down to the next one in green, which phone's sending this?

[06:54:59] Speaker 24:

The number ending in 8646.

[06:55:00] Commonwealth:

And sir, on this text, what does the body say?

[06:55:06] Speaker 24:

Hello, I know we did this a week ago, but have you heard from Anna?

[06:55:11] Commonwealth:

And when was this delivered? January 3rd, 2023 at 10.34 a.m. And scrolling down to the next text, which phone is sending this? Which phone number? The number ending in 2189. And what is the body of this text?

[06:55:30] Speaker 24:

Hey, Brian, sorry for the delay. Was sleeping. I have the flu. Super sick. I texted with Anna on New Year's Day, but no haven't heard from her. Is she working today? She's usually running around super busy with work.

[06:55:45] Commonwealth:

And what was the date and time that this was read?

[06:55:49] Speaker 24:

January 3rd, 2023, 1251 PM.

[06:55:52] Commonwealth:

Can we scroll down to the next one? Which number is sending this?

[06:56:00] Speaker 24:

Number ending in 8646.

[06:56:02] Commonwealth:

And what is the body of this?

[06:56:05] Speaker 24:

You're right. I'll let you know when she calls. Feel better soon.

[06:56:09] Commonwealth:

And what is the date and time it was delivered?

[06:56:12] Speaker 24:

January 3rd, 2023, 1251 p.m. And can we scroll down past that?

[06:56:19] Commonwealth:

One more. Thank you. To the top of page four. Thank you. Looking at the top of page four, Which number is sending this? The number ending in 2189. And what is the body of this text?

[06:56:35] Speaker 24:

Did you ever hear back? Question mark.

[06:56:37] Commonwealth:

What is the date and time that it was read?

[06:56:43] Speaker 24:

January 4th, 2023, 1010 AM.

[06:56:46] Commonwealth:

The next text in the thread, which number is sending this?

[06:56:52] Speaker 24:

Number ending in 8646.

[06:56:55] Commonwealth:

And what is the body of this?

[06:56:56] Speaker 24:

No, they are looking for her at work now.

[06:57:01] Commonwealth:

When was this delivered?

[06:57:04] Speaker 24:

January 4th, 2023, 1019 a.m.

[06:57:26] Commonwealth:

You may.

[06:57:32] Commonwealth:

Trooper, do you recognize that report?

[06:57:34] Speaker 24:

Yes, sir.

[06:57:35] Commonwealth:

Is that another report you were able to create from messaging in the phone? Yes. And this has a contact associated with it. What is the contact's name?

[06:57:45] Speaker 24:

Alexandra.

[06:57:46] Commonwealth:

And what are the last four digits of Alexandra's contact?

[06:57:50] Speaker 24:

5332.

[06:57:51] Commonwealth:

And the other phone number associated with this thread is 8-6-4-6? Yes, sir. And does this contain the messages of that thread? Yes. The Commonwealth would seem to have this marked as the next exhibit, Your Honor.

[06:58:06] Commonwealth:

No objection. The celebrate report between the iPhone Mini, 8-6-4-6, and 5-3-3-2, that text thread is now in evidence as 165. 165.

[06:58:23] Commonwealth:

Sir, what is Viber?

[06:58:26] Speaker 24:

Viber is another messaging app.

[06:58:29] Commonwealth:

And this text thread, does this utilize Viber?

[06:58:33] Speaker 24:

Yes, sir.

[06:58:34] Commonwealth:

And so Celebrite reads Viber text messages just like it reads the regular text messages.

[06:58:40] Speaker 24:

Yes, it has the ability to extract it, yes.

[06:58:43] Commonwealth:

And so I'm going to ask some questions about this Viber text thread with the Alexandra contact. Ms. Gilman, if we could have that up, please. Could you scroll down to the next text? Thank you. You could stop right there. Sir, this green bubble, which number is sending this one?

[06:59:18] Speaker 24:

The number ending in 8646.

[06:59:20] Commonwealth:

And what is the body of this?

[06:59:22] Speaker 24:

Happy New Year. Have you heard from Anna? She's been out of contact longer than normal. Speak soon.

[06:59:28] Commonwealth:

What is the date and time associated with this text? January 3rd, 2023, 1035 a.m. And below that, is there a response?

[06:59:42] Speaker 24:

Yes.

[06:59:42] Commonwealth:

And these, because they're Viber, they also show up in green and blue, correct?

[06:59:46] Speaker 24:

Correct.

[06:59:47] Commonwealth:

All right. Well, I shouldn't say because they're Viber, but they, like the other text messages, they show up in green and blue. Yes. Okay. So, which number is sending this text?

[06:59:57] Speaker 24:

The number ending in five, excuse me, the number ending in 5332.

[07:00:02] Commonwealth:

And what is the response?

[07:00:05] Speaker 24:

Hello. No, I haven't. Last time was on 3112. And what was the time of this text? January 3rd, 2023 at 11.24 AM.

[07:00:17] Commonwealth:

I'd now like to scroll down to the first message on page three.

[07:00:21] Speaker 24:

Excuse me, that was 11.21 AM.

[07:00:23] Commonwealth:

11.21 AM. Yes. So if we look at the first text message, the first message on page three, which number is sending this message?

[07:00:39] Speaker 24:

The number ending in 8646.

[07:00:41] Commonwealth:

And what is the body of this message?

[07:00:44] Speaker 24:

She had to leave early due to an emergency at one of the buildings. She left early on Sunday morning. I didn't have my phone till last night because William hid it in his bed. Thomas found it. I wasn't worried at first, but she has never been this long out of communication. I will call her work tomorrow morning.

[07:01:05] Commonwealth:

And what is the date and time with this message?

[07:01:08] Speaker 03:

January 3rd.

[07:01:19] Commonwealth:

Looking at the green bubble, which phone number is sending that?

[07:01:25] Speaker 24:

The number ending in 8646.

[07:01:26] Commonwealth:

And what is the body?

[07:01:29] Speaker 24:

I know. I know, let me, if you get in touch with her, I will let you know when I speak to her.

[07:01:36] Commonwealth:

What is the date and time associated with that message? January 3rd, 2023, 9, 12 p.m. And then the next message beneath that, which number is sending that?

[07:01:48] Speaker 24:

The number ending in 5332.

[07:01:51] Commonwealth:

And what is the body of that message?

[07:01:54] Speaker 24:

That means no communication for almost days.

[07:01:58] Commonwealth:

Now, if we could go to page 11. And if looking at the blue bubble, which number is sending that?

[07:02:14] Speaker 24:

The number ending in 5332.

[07:02:17] Commonwealth:

And what is the body of that?

[07:02:20] Speaker 24:

If she's not at work tomorrow or if they haven't heard from her, what are you going to do, question mark?

[07:02:27] Commonwealth:

And what is the date and time of that message?

[07:02:30] Speaker 24:

January 3rd, 2023, 9.25 PM.

[07:02:34] Commonwealth:

Could you scroll down, Ms. Gilman? Looking at the green bubble, which one sends that?

[07:02:39] Speaker 24:

The number ending in 8646.

[07:02:43] Commonwealth:

And what is the body?

[07:02:45] Speaker 24:

Call everybody she knows in D.C. and then file missing persons. Let's hope there is an explanation.

[07:02:53] Commonwealth:

Ms. Gilman, could you go to page 12? Scrolling down, the second message on page 12, which number is sending that?

[07:03:08] Speaker 24:

The number ending in 8646.

[07:03:10] Commonwealth:

And what is the body of that?

[07:03:13] Speaker 24:

They can't find her at work.

[07:03:16] Commonwealth:

And what is the date and time of that?

[07:03:18] Speaker 24:

January 4th, 2023, 10.33 a.m. And if Ms. Gilman, could we go to page 14?

[07:03:28] Commonwealth:

And could you scroll down Ms. Gilman? Ms. Gilman, could you stop? Looking at the last message on page 14, who is the sender of that? What number? The number ending in 5332. And what is the body of that text?

[07:03:52] Speaker 24:

I think that you need to report this ASAP.

[07:03:55] Commonwealth:

And what is the date and time of that message?

[07:03:59] Speaker 24:

January 4th, 2023, 1059 a.m.

[07:04:00] Speaker 23:

Your Honor, may I approach?

[07:04:22] Commonwealth:

You may.

[07:04:27] Commonwealth:

Showing you this, is this another one of the reports you would be able to celebrate of a text threat?

[07:04:32] Speaker 24:

Yes, sir.

[07:04:33] Commonwealth:

And does this involve three numbers?

[07:04:35] Speaker 24:

Yes.

[07:04:36] Commonwealth:

So besides 8646, what is the first contact that's associated with this text threat?

[07:04:45] Speaker 24:

A number ending in 7 9 6 6.

[07:04:47] Commonwealth:

And what is the name of that contact?

[07:04:50] Speaker 24:

Anna, new, and then a number sign.

[07:04:53] Commonwealth:

And then what is the other phone number associated with this threat?

[07:04:58] Speaker 24:

A number ending in 6-7-0-8.

[07:05:01] Commonwealth:

And what is the contact name?

[07:05:03] Speaker 24:

Gem.

[07:05:05] Commonwealth:

The Commonwealth would seek to have this marked as the next exhibit, Your Honor. It could be a text threat between 6-4-6, 7-9-6-6, 6-7-0-8, and 6-7-0-8.

[07:05:17] Commonwealth:

Thank you. Any objection to that? Now in evidence says 166.

[07:05:20] Commonwealth:

Ms. Gilman, may we have this published? Looking at the first message, sir, It's blue. What number is sending this?

[07:05:53] Speaker 24:

The number ending in 6708.

[07:05:55] Commonwealth:

And what is the body of this?

[07:05:59] Speaker 24:

It is a picture.

[07:06:00] Commonwealth:

And then above the picture, is there any words?

[07:06:03] Speaker 24:

I love my necklace!

[07:06:04] Commonwealth:

And then under percipient, what does it say? Participant, sorry. I just read it.

[07:06:14] Speaker 24:

The number ending in 8646.

[07:06:16] Commonwealth:

And does it acknowledge what time it was read?

[07:06:19] Speaker 24:

Yes.

[07:06:19] Commonwealth:

What time was it read?

[07:06:21] Speaker 24:

January 2nd, 2023, 2 26 p.m.

[07:06:25] Commonwealth:

Going down please, Ms. Gilman. Who's sending this text? What number?

[07:06:32] Speaker 24:

The number ending in 6708.

[07:06:34] Commonwealth:

Gem?

[07:06:36] Speaker 24:

Yes.

[07:06:37] Commonwealth:

And what is the body of this?

[07:06:39] Speaker 24:

Last night was so good. Exclamation. Thank you.

[07:06:43] Commonwealth:

What is the date and time of this text? That it was read?

[07:06:48] Speaker 24:

It was read January 2nd, 2023, 2 26 p.m.

[07:06:53] Commonwealth:

Going down to the next text. Which number is sending this?

[07:06:59] Speaker 24:

The number ending in 6708.

[07:07:01] Commonwealth:

And what is the body of it?

[07:07:04] Speaker 24:

The chef, world class, and company equally so.

[07:07:08] Commonwealth:

And when was this read according to the phone?

[07:07:11] Speaker 24:

January 2nd, 2023, 2.26 PM.

[07:07:17] Commonwealth:

Can we scroll down to the top text on page three? On the top text of page three, which number is sending this?

[07:07:30] Speaker 24:

The number ending in 8646.

[07:07:31] Commonwealth:

And what is the body of it?

[07:07:34] Speaker 24:

Looking good, buddy. Thomas just found my phone. It was in William's bed. Another amazing New Year, New Year Eve together as a triumvirate. Looking good in your new necklace.

[07:07:46] Commonwealth:

And scrolling down to the final text. Which sender is this?

[07:07:55] Speaker 24:

The number ending in 6708.

[07:07:57] Commonwealth:

And what is the body of it?

[07:07:59] Speaker 24:

My new necklace made a big splash yesterday as I wore it everywhere. I got double takes in the streets and at Whole Foods in Swampscott.

[07:08:11] Commonwealth:

And what was the time the text was read?

[07:08:14] Speaker 24:

January 2nd, 2023 at 4.13 PM.

[07:08:22] Commonwealth:

You may.

[07:08:24] Commonwealth:

Showing you another text thread. Is this another one that was created that you, another report you were able to create from the phone?

[07:08:30] Speaker 24:

Yes, sir.

[07:08:31] Commonwealth:

And does this only have two numbers associated with it?

[07:08:33] Speaker 24:

Yes.

[07:08:34] Commonwealth:

What are the two numbers associated with it?

[07:08:36] Speaker 24:

The number ending in 8646.

[07:08:37] Commonwealth:

Yes, sir.

[07:08:38] Speaker 24:

And the number ending in 6708.

[07:08:41] Commonwealth:

And that also has a contact designation of GEM?

[07:08:43] Speaker 24:

Yes, sir.

[07:08:44] Commonwealth:

The Commonwealth will proceed to enter this as the next exhibit provider in the text thread between 8646 and 6708.

[07:08:52] Commonwealth:

Any objection? The text, a thread between 8646 and 6708, is in evidence as 167. 167? Yes.

[07:09:08] Commonwealth:

Directing your attention to the top of page two of this threat.

[07:09:46] Speaker 24:

Could you have a publisher?

[07:09:47] Commonwealth:

Oh, yes, I apologize. I neglected to ask that. Your Honor, may I publish this? Thank you, Your Honor. I appreciate it. Ms. Gilman, if we could go to the top of page two. And I imagine, Trooper, it's a whole lot easier to see it now? Yes, thank you. Okay, thank you. Now, who is the sender of this?

[07:10:06] Speaker 24:

The number ending in 6708.

[07:10:08] Commonwealth:

And what is the body of this first message?

[07:10:13] Speaker 24:

Merry Xmas to you, buddy. I miss you. Merry Xmas to all of you.

[07:10:17] Commonwealth:

Date and time?

[07:10:19] Speaker 24:

December 25, 2022, 9.45 a.m.

[07:10:24] Commonwealth:

Going down to the next text, who's the sender of that next one?

[07:10:30] Speaker 24:

The number ending in 6708.

[07:10:32] Commonwealth:

And what does the body of that say?

[07:10:36] Speaker 24:

Her phone is going directly to voicemail.

[07:10:39] Commonwealth:

And what was the date and time that this message was read?

[07:10:44] Speaker 24:

January 4th, 2023, 1054 AM.

[07:10:48] Commonwealth:

And the next text in that thread, which number sends that?

[07:10:55] Speaker 24:

6708.

[07:10:57] Commonwealth:

And what is the body of that?

[07:11:00] Speaker 24:

Any news? Question mark. Have you alerted everybody at her work in the DC police? Question mark.

[07:11:08] Commonwealth:

Now, I'd like to scroll down to page four. In the middle of that, Which is the sender of this blue text?

[07:11:20] Speaker 24:

The number ending in 6708.

[07:11:23] Commonwealth:

And what does the body of it say?

[07:11:26] Speaker 24:

Hey buddy, can you send me the photos we took on New Year's Eve, NYE?

[07:11:31] Commonwealth:

What was the date and time it was read?

[07:11:35] Speaker 24:

January 5th, 2023, 1117 a.m. And the next text down, sir?

[07:11:44] Commonwealth:

What number is sending that? The number ending in 8646. And what is the body of that text?

[07:11:54] Speaker 24:

All the photos were taken on Anna's phone. I don't have any.

[07:11:59] Commonwealth:

And when was that text delivered?

[07:12:03] Speaker 24:

January 5th, 2023 at 1130 a.m. You can close out of that, Ms. Gelman.

[07:12:09] Commonwealth:

Thank you.

[07:12:21] Speaker 23:

Would you like to?

[07:12:45] Commonwealth:

I'm sorry.

[07:13:02] UNKNOWN:

. . Thank you. Thank you. Thank you. you

[07:16:14] Commonwealth:

collection of texts, I would actually ask the NARC for ID. I will show it to the witness, but I would not seek to enter as an exhibit at this point in time.

[07:16:21] Commonwealth:

All right, and I think consistent with this morning, this is the first one, is this, what do we say, I for ID? So we'll mark this exhibit as I for ID. And Jersey, I just remind you that Things that get a designation as a letter designation and for identification isn't evidence unless and until the parties move it in and I move it in. The numbered exhibits are the ones that you have as evidence with you in the back.

[07:16:55] Commonwealth:

Do you want me to approach? Yes. So I'm showing you what's been marked I for ID. Can you tell us what this is?

[07:17:05] Speaker 24:

Yes, it is a text message report created by me on Celebrite.

[07:17:10] Commonwealth:

Okay. And can you tell us the two numbers that are associated with this?

[07:17:17] Speaker 24:

Yes, the first number is Ennegan 8-6-4-6. Okay.

[07:17:22] Commonwealth:

And the second number?

[07:17:23] Speaker 24:

The second number is the number Ennegan 7-9-6-6.

[07:17:26] Commonwealth:

And who are the contacts designated with this?

[07:17:31] Speaker 24:

The 8646 is Brian Walsh, and the 7966 is Anna Ngo.

[07:17:59] Commonwealth:

Your Honor, if I may have a moment.

[07:18:01] Commonwealth:

Yes.

[07:18:02] Commonwealth:

Thank you, Your Honor. Understand that this has been marked for ID, Your Honor. Is it appropriate to publish it and ask questions about it? If not, I can move on. Well. I'll move on. It's not a problem. I've got something else to do. I can keep busy. My final act, the final report I want to ask you about, sir.

[07:18:33] Speaker 23:

I'm going to show it to you, but I want you to count it first. Did I push her?

[07:18:39] Commonwealth:

Yes.

[07:18:43] Commonwealth:

This is the last report I want to ask you about today, sir. Yes. What is this, sir?

[07:18:48] Speaker 24:

This is the call log report from

[07:18:51] Commonwealth:

Please, I interrupt you. Sorry.

[07:18:53] Speaker 24:

That I exported from Cellbrite, from the iPhone 13 mini.

[07:18:57] Commonwealth:

OK. Now the call log report, is that every call in the iPhone 13 mini?

[07:19:02] Speaker 24:

No, this was only a certain date range.

[07:19:04] Commonwealth:

OK. And certain numbers as well?

[07:19:07] Speaker 24:

Yes.

[07:19:08] Commonwealth:

OK. And so this call log report for the iPhone 13 mini, you created this? I did. OK. And what was the date range you were looking to create this for?

[07:19:22] Speaker 24:

Sorry. December 25th, 2022 through January 3rd, 2023. Okay.

[07:19:29] Commonwealth:

And I would seek to move this to the next agenda.

[07:19:38] Commonwealth:

Okay. Any objection? No objection. It's now in evidence as 168. That's the catalog report between the dates of 12-25-22, 1-3-23 for the iPhone 13 mini.

[07:20:01] Commonwealth:

168. Now, Your Honor, may I publish 168?

[07:20:17] Commonwealth:

You may.

[07:20:18] Commonwealth:

Thank you. On 168, sir. I'd like to direct your attention to the columns. Under parties, what does that designate?

[07:20:40] Speaker 24:

Who the call took place between the two calling parties?

[07:20:44] Commonwealth:

And time stamp, I take it, is the same as been last. What's duration?

[07:20:50] Speaker 24:

The length of the call.

[07:20:52] Commonwealth:

And when you see source info and it's biome and knowledge C, what is the significance of biome?

[07:20:58] Speaker 24:

Again, it was another in the iOS 16. When that came out, Biome was a newer database from Apple. So this data is going to be in two different places.

[07:21:09] Commonwealth:

So at this point in time, I'd like to direct your attention to the bottom of page 12, item 143. What phone number is being called, sir?

[07:21:26] Speaker 24:

This is an outgoing call to number ending in 7966.

[07:21:32] Commonwealth:

And what is the date and time of the phone call?

[07:21:35] Speaker 24:

December 25th, 2022 at 1152 a.m. And what is the duration of the call? 33 seconds.

[07:21:42] Commonwealth:

And if we could scroll up, Ms. Gilman. Thank you. And could we go up a little bit further to the next page, please? Continuing. All right, so Ms. Gilman, can you please continue up to further up, please? There we are. On item number 129, what is the timestamp of that? Item 129.

[07:22:13] Speaker 24:

December 25th, 2022 at 1.40 p.m. And what number is being called? It's an outgoing call to number ending in 7 9 6 6.

[07:22:24] Commonwealth:

And what is the duration of that call?

[07:22:27] Speaker 24:

One hour, 22 minutes, and 33 seconds.

[07:22:30] Commonwealth:

Could you continue up, Ms. Gilman? Thank you. Directing your attention to item 123 on page 10. What number is making the phone call?

[07:22:45] Speaker 24:

This is an incoming call from 7966.

[07:22:50] Commonwealth:

And what is the duration of this call?

[07:22:55] Speaker 24:

One hour, 27 minutes and seven seconds.

[07:22:58] Commonwealth:

And what is the time stamp on this call? December 25th, 2022 at 4.11 p.m. Now, if we could go to item number 13, I believe it's the top of page two. Bless you. Sir, what number is being called?

[07:23:25] Speaker 24:

It is an outgoing call to number ending in 7966.

[07:23:30] Commonwealth:

And what is the date and time of the call?

[07:23:33] Speaker 24:

December 31st, 2022 at 9.52 a.m. And what is the duration of the call?

[07:23:40] Commonwealth:

Four minutes, five seconds. And if we could continue up from there, Ms. Gilman? going to item number, pause if I may, could we go to item number nine? What is the number being, what is the number, what number is making that phone call?

[07:23:59] Speaker 24:

Number nine you said, sir? Number nine. The incoming call from number ending in 7 9 6 6.

[07:24:05] Commonwealth:

And what is the date and time of that call?

[07:24:08] Speaker 24:

December 31st, 2022, 7 27 p.m. And what is the duration of that call? Zero seconds.

[07:24:15] Commonwealth:

Looking at the item above it, Item number eight. What number is being called?

[07:24:21] Speaker 24:

It is an outgoing call to number ending in 7 9 6 6.

[07:24:26] Commonwealth:

And what is the date and time of that call?

[07:24:28] Speaker 24:

January 3rd, 2023, 8 28 a.m. And how long is that call? 15 seconds.

[07:24:36] Commonwealth:

Does that mean that the phone's connected if it's 15 seconds? No. What can happen? What is an alternative explanation then?

[07:24:43] Speaker 24:

Voicemail.

[07:24:44] Commonwealth:

And do you see any, can we go up to seven through one? Do you see any incoming calls from the 7966 from entries eight through one?

[07:25:00] Speaker 01:

No, I do not.

[07:25:01] Commonwealth:

And do you see any calls longer than 17 seconds in entries eight through one?

[07:25:07] Speaker 01:

No, I do not.

[07:25:10] Commonwealth:

And Your Honor, may I have a moment?

[07:25:11] Commonwealth:

Yes.

[07:25:15] Commonwealth:

And Your Honor, may I approach in that sidebar?

[07:25:20] Commonwealth:

Yes.

[07:25:21] Commonwealth:

Thank you.

[07:25:45] UNKNOWN:

Thank you. Thank you. Okay.

[07:27:45] Commonwealth:

for the four o'clock hour. I know it's been a long day for you. I appreciate your attentiveness. You may catch me frequently. I know a number of you have, looking over and making sure everybody's still able to do their jobs. And I think I've said this to you a number of times, sitting is very difficult all day. You're doing a marvelous job at it. You're all attentive, and I appreciate, and I know the parties appreciate your continued attentiveness to the case. And I appreciate your obedience to the rules, and I'm going to remind you again before we leave today. Don't approach any social media or any news media. Don't do any research about the case. Talk to anyone about the case and continue to have open minds as you listen to the evidence in this case. I remind you tomorrow, 9 to 1.

[07:28:38] Speaker 18:

Have a good night, jurors.

[07:29:38] Commonwealth:

through the click, click, click in my brain to see if there's anything that I need to raise with you right now. And I think I'm going to hold off on the few things that are in my mind, because I think they're a little bit premature. But I will start working on my main task in the next 24 hours. And so we'll talk a little bit more about that tomorrow. Anything that the Commonwealth needs to discuss before I get off the bench?

[07:30:07] Speaker 23:

No, Your Honor.

[07:30:08] Commonwealth:

And anything that the defense needs to discuss before I get off the bench.

[07:30:12] Speaker 03:

No, Your Honor.

[07:30:13] Commonwealth:

Thanks for your work today and we'll see you back here tomorrow morning.

[07:30:16] Commonwealth:

Thank you, Your Honor.

[07:30:18] Commonwealth:

All rise.

[07:31:06] UNKNOWN:

. .