[00:03:53] UNKNOWN:

you Thank you. you Thank you. . . you Thank you. you . . you Thank you. Okay. . . Thank you. Thank you. . . Thank you. . . . . . . . . you I'm not sure if I'm going to be able to do this. Thank you. you

[00:34:35] Speaker 00:

.

[00:34:53] UNKNOWN:

. you

[00:36:09] Speaker 07:

All rise, jurors entering.

[00:36:41] Speaker 05:

Hear ye, hear ye, hear ye. All persons have any duty with the honorable justice, Diane Fernandez, justice of the North Bronx Superior Court. Draw near to your attention, you shall be heard. Lieutenant Colonel of Massachusetts in this honorable court.

[00:37:03] Speaker 11:

Hope you all have a nice night. We'll start today with the questions that we have every morning. Jurors, were you able to comply with my order that you not speak to anyone about this case? Yes. Were you able to comply with my order that you not do any research about this case? Yes. We have to comply with my order they cannot access any social media or any news media. And you all still have open minds. First again, thanks for your obedience to those rules. We're ready to begin today's work. The record to reflect alters have answered yes to all the questions. And come back on the stand.

[00:38:04] Speaker 14:

Thank you, Your Honor.

[00:38:36] Speaker 11:

Morning Trooper, you understand you're still under oath? Yes, Your Honor. Please be seated. Thank you. And you may proceed.

[00:38:45] Speaker 13:

Thank you, Your Honor. May I approach?

[00:38:47] Speaker 11:

You may.

[00:38:47] Speaker 14:

Trooper, do you recognize that report I just handed to you?

[00:38:54] Speaker 02:

Yes, sir.

[00:38:55] Speaker 14:

Is, have you had a chance to review that report before coming in here today?

[00:38:59] Speaker 02:

Yes.

[00:39:00] Speaker 14:

Is that a redacted version of what's been marked for identification I with some images blurred out?

[00:39:08] Speaker 02:

Yes.

[00:39:09] Speaker 14:

And so that would be a collection of text messages between the number identified for Brian Walsh and the number identified for Ana as far as contacts. Is that correct? That is correct. What are the last four digits of the Brian Walsh number?

[00:39:23] Witness:

The last four is 8646.

[00:39:26] Speaker 14:

And what are the last digits for on a new?

[00:39:29] Witness:

7966.

[00:39:31] Speaker 14:

Your Honor, the Commonwealth would seek to have this marked as the next exhibit.

[00:39:37] Speaker 11:

Any objection? The celebrate report between the interactions of the phone ending in 8646 to 7966 is now in evidence as exhibit 169. Thank you.

[00:39:58] Speaker 12:

You may.

[00:39:59] Speaker 14:

Thank you. Ms. Gilman, can we have what's been marked as 169 on the screens, please? Trooper, directing your attention to the first text on the page, which phone number is, what are the last four digits of the phone number sending this text message? 8646. What is the body of the text? Hello. And what is the date and time it was delivered?

[00:40:23] Witness:

December 25th, 2022 at 1153 a.m. And Ms. Gilman, could you scroll down to the next two texts?

[00:40:34] Speaker 14:

Trooper, which number is sending this text?

[00:40:36] Witness:

The number ending in 8646.

[00:40:38] Speaker 14:

And what is the body of this?

[00:40:41] Witness:

Thomas asked if you were coming today.

[00:40:43] Speaker 14:

And what was the date and time it was delivered?

[00:40:46] Witness:

December 25th, 2022 at 1153 a.m. And then if you could scroll down, Ms. Gilman, thank you.

[00:40:54] Speaker 14:

Trooper, what is, which number sent this next text in the chain?

[00:40:58] Witness:

The number ending in 8646.

[00:41:01] Speaker 14:

And what is the body of it? I haven't heard from you at all. And what is the date and time it was delivered?

[00:41:07] Witness:

December 25th, 2022 at 1154 a.m.

[00:41:12] Speaker 14:

Now, could you, Ms. Gilman, scroll down to the next text in that chain? Trooper, which number is sending this message?

[00:41:21] Witness:

The number ending in 7 9 6 6.

[00:41:24] Speaker 14:

And what is the body of this text?

[00:41:27] Witness:

My flight got canceled driving up.

[00:41:30] Speaker 14:

And what was the date and time it was read?

[00:41:34] Witness:

December 25th, 2022 at 12 57 p.m. Ms. Gilman, can we go to page 51?

[00:41:45] Speaker 14:

Trooper, this top text on the page, which number is sending it?

[00:41:57] Witness:

Could you scroll up a little bit?

[00:41:58] Speaker 14:

Yep. I guess you'd have to go all the way up to 50. Which number is sending this text, Trooper? The number ending in 8646. And if we could go back down to 51? What was the time in the bottom corner of this text after it says sent?

[00:42:25] Witness:

December 30th, 2022, 6.33 p.m. Now, Ms. Gilman, could you scroll down to the next

[00:42:31] Speaker 14:

message in the chain. Thank you. Trooper, which phone is sending this message? The number ending in 8646. And what is the body of it?

[00:42:42] Witness:

Hello, Thomas found the phone playing on William's bed. William said he forgot it was there. Ha ha ha. Okay, call anytime.

[00:42:51] Speaker 14:

What is the date and time? Now this doesn't say delivered, correct? Or is there a time when it was delivered?

[00:43:01] Witness:

It does not say, sir.

[00:43:02] Speaker 14:

What is the date and time in the bottom corner of the text?

[00:43:06] Witness:

January 2nd, 2023 at 2.33 p.m. And so, sir, if there's no delivered, what does that mean? I don't believe it was ever delivered to the intended recipient.

[00:43:18] Speaker 14:

And, but there's a date and time, is that when the text was written?

[00:43:23] Witness:

The bottom right?

[00:43:23] Speaker 14:

Yes. That's when it was sent. That was when it was sent, because there's a status saying sent. Correct. Okay. Can we scroll down to the next text? Trooper, which phone number is sending this?

[00:43:35] Witness:

The number ending in 8646. Could you read the body of this? Hello, where are you? Please call, text, or email. Exhausting day with the boys, and we had fun. Going to bed early. Big day tomorrow for everyone. I still love you. Ha ha ha.

[00:43:50] Speaker 14:

And what is the date and time in the bottom?

[00:43:53] Witness:

January 2nd, 2023, 718 p.m. And does this note if it was delivered? It does not.

[00:44:01] Speaker 14:

Could we go to the next page, page 52? Which number sent this message, sir?

[00:44:07] Witness:

The number ending in 8646.

[00:44:09] Speaker 14:

And what is the body of it?

[00:44:11] Witness:

Hello.

[00:44:12] Speaker 14:

And what is the date and the time?

[00:44:14] Witness:

January 3rd, 2023, at 639 a.m.

[00:44:19] Speaker 14:

Does this denote if it was delivered? It does not. Could we have the next text? Which number sent this?

[00:44:25] Witness:

The number ending at 8646.

[00:44:28] Speaker 14:

And what is the body of it?

[00:44:30] Witness:

Where are you?

[00:44:31] Speaker 14:

And what is the date and time of this?

[00:44:35] Witness:

January 3rd, 2023, 639 a.m. And this has a status of sent? Yes.

[00:44:41] Speaker 14:

Could we have the next message? Which number sent this?

[00:44:46] Witness:

The number ending at 8646.

[00:44:48] Speaker 14:

And what is the body of it?

[00:44:49] Witness:

I'm worried, please call or email.

[00:44:52] Speaker 14:

And what time was this sent?

[00:44:55] Witness:

January 3rd, 2023, 639 a.m. Could we go to page 53?

[00:45:04] Speaker 14:

Which number sent this message, sir?

[00:45:06] Witness:

The number ending in 8646.

[00:45:09] Speaker 14:

What is the body of this?

[00:45:10] Witness:

Where are you? I just called and it went straight to voicemail, calling you in Viber now.

[00:45:16] Speaker 14:

And what is the date and time this message was sent?

[00:45:20] Witness:

January 3rd, 2023, 8.30 a.m. Can we have the next message, please?

[00:45:27] Speaker 14:

Which number sent this?

[00:45:29] Witness:

The number ending at 8646.

[00:45:32] Speaker 14:

And what is the body of this text?

[00:45:34] Witness:

I will call after I drop the boys. If I don't hear from you this morning, I'm going to report you missing.

[00:45:39] Speaker 14:

What is the date and time this was sent?

[00:45:42] Witness:

January 3rd, 2023, 8.32 a.m. And going down to the next message?

[00:45:49] Speaker 14:

What is the, what number sent this message?

[00:45:52] Witness:

The number ending in 8646. What is the body of this message? Hello. I texted your sister and Alyssa. I am calling Jeff. If I don't hear from you, where are you?

[00:46:02] Speaker 14:

And what is the date and time this was sent?

[00:46:05] Witness:

January 3rd, 2023, 1216 PM.

[00:46:09] Speaker 14:

Going down to page 54. Sir, which met, which phone sent this message? The number ending in 8646. And what is the body of it say? Hello. And what is the date and time it was sent?

[00:46:22] Witness:

January 3rd, 2023, 7.03 p.m. And the next message, sir?

[00:46:28] Speaker 14:

Which phone sent this?

[00:46:30] Witness:

The number ending in 8646.

[00:46:32] Speaker 14:

And what is the body of this text?

[00:46:35] Witness:

Where are you? The boys and I are worried. I'm calling work tomorrow if I don't hear from you. And what is the date and time this was sent? January 3rd, 2023, 7.04 p.m.

[00:46:47] Speaker 14:

Going down to the next message? What is the phone number that sent this?

[00:46:53] Witness:

The number ending in 8646.

[00:46:55] Speaker 14:

And what is the body of that?

[00:46:57] Witness:

Where are you?

[00:46:59] Speaker 14:

And what is the date and time that was sent?

[00:47:02] Witness:

January 4th, 2023 at 1014 a.m. And can we go to page 55 for the final message?

[00:47:10] Speaker 14:

Sir, what number sent this?

[00:47:13] Witness:

The number ending in 8646. And what is the body of it? I am calling Jeff now. And what is the date and time it was sent?

[00:47:22] Speaker 14:

January 4th, 2023, 1015 a.m. For the messages on January 2nd through January 4th of 2023, does any of the messages denote that they were delivered?

[00:47:36] Witness:

It does not appear that.

[00:47:37] Speaker 14:

Your Honor, I have no further questions.

[00:47:40] Speaker 11:

Cross exam.

[00:47:58] Speaker 06:

Good morning, sir.

[00:47:58] Witness:

Good morning, sir.

[00:48:01] Speaker 06:

Yesterday you told us, testified to what you referred to as location data. Correct? Yes. And the location data that was retrieved by apps, various apps that are contained on the devices.

[00:48:16] Speaker 02:

Yes.

[00:48:17] Speaker 06:

And is it fair to say that with regards to apps being able to collect location data, that that service can be turned off in those devices? If the user decides to. OK. And if the user decides to turn off the location tracking aspect of any app, then that particular app just does not collect the location data, correct? To the best of my knowledge. Okay. So to the best of your knowledge then, if someone knew how to turn off the location data for all the apps on any device that they were using to go from point A to point B, you wouldn't have that data that you told us about yesterday.

[00:49:10] Witness:

The phone collects quite a bit of data. at all times.

[00:49:17] Speaker 06:

I thought you just answered the second to last question to the best of my knowledge. If you turned off the apps, the device would not collect location data.

[00:49:28] Witness:

Well, app-specific location data.

[00:49:32] Speaker 06:

Yes. I'm sorry, you're going to have to speak up.

[00:49:35] Witness:

You're asking about app-specific location data, correct?

[00:49:38] Speaker 06:

All right, yes. Okay, yes. Are you telling this jury that if someone turned off the location tracking aspect of an app that you would still get location data from other sources? There's a possibility, yes. Possibility. All right. I want to focus your attention now to exhibit 161. That is the That's the Safari search history?

[00:50:20] Witness:

OK, yes.

[00:50:21] Speaker 06:

When you say OK, you mean yes? Yes. OK. I don't want to confuse you. If I ask a question, just tell me, ask it again. Yes, sir. That's the Safari search history of the Apple iPhone 13 mini. And it ran a date range of December 25th, 2022 to January 4th of 2023. Is that right? Correct. And then that same exhibit, and I think it was referred to yesterday, contains what was referred to as Chapter 2, if you recall that. And the Chapter 2 is the Safari web history of the same device that runs from December 31, 2022, from 9.28 AM to 9.31 AM. Correct? Yes. And you testified yesterday that even though the data would be collected and extracted from those two sources, the search history and the web history, that the web history would generally contain additional and more detailed information? That's correct. And who was it that decided then to limit the web history information included in exhibit 161 to only one day for just a couple of minutes?

[00:51:45] Witness:

It was a decision by the prosecution team.

[00:51:50] Speaker 06:

Okay. And so you told us yesterday that you work for the Norfolk County District Attorney's Office, correct? Yes. And you told us yesterday that you're an investigator, correct? Yes. And so as part of your role as an investigator with the Norfolk County District Attorney's Office, is it fair to say that you take direction from the district attorney that's prosecuting a particular case?

[00:52:18] Witness:

more collaboration. We bring the investigative piece, and they bring the legal advice and piece to the case.

[00:52:26] Speaker 06:

Do you ever then inform the district attorney, whoever it is that you're working with on a particular case, that, for instance, web history would have additional information that might help explain entries that were found in the search history? I present the data that is extracted from the device. So my question was, do you ever take the time to explain to the district attorney assigned to the case you're working on with them that the web history would contain additional information in addition to the search history? Yes. So in any event, with regards to exhibit 161, you were instructed or advised to only include the web history for one day, December 31st, and only for a few minutes.

[00:53:17] Witness:

Well, that particular searches were on Apple Maps, which were contained on Safari search history.

[00:53:28] Speaker 06:

Were you told, were you instructed not to include certain information in exhibit 161 then?

[00:53:36] Witness:

We had the date range of December 25th, 2022 through January 4th, 2023.

[00:53:42] Speaker 06:

And what about the web history? were you instructed only to limit the inclusion in exhibit 161 to that one day, December 31st?

[00:53:54] Witness:

We only chose to do that specific, those specific searches from 928 to 931 a.m. Okay, I'm just gonna ask, and it's probably me, I just can, I can barely hear you.

[00:54:09] Speaker 06:

Sorry. I'm sorry, I might be going deaf. That's fine.

[00:54:14] Speaker 12:

Berz, are you able to hear?

[00:54:17] Speaker 06:

and apologize.

[00:54:20] Speaker 11:

That's my concern. But you need to be able to hear him as well. I'm concerned about that.

[00:54:25] Speaker 06:

I understand. Do my best. Yesterday, you were asked... Let me ask this. You would agree, wouldn't you, that in the cert history, included in exhibit 161, that at page number one, number nine, there are indications of a search involving Expedia and other flight-related searches.

[00:55:07] Witness:

Could you show me that, sir?

[00:55:09] Speaker 04:

Sure. Do we have exhibit 161?

[00:55:19] Speaker 12:

You may.

[00:55:23] Speaker 04:

Thank you, sir.

[00:55:36] Speaker 06:

I want to focus your attention now to page one and the entry number nine. Am I correct in saying that that references a search related to Expedia? That's correct. And that search occurred at 12, 25, 22 at 11, 39 a.m. Is that fair to say? Yes. And those searches related to Expedia, they continue through record number 20 at page two. Is that correct?

[00:56:13] Witness:

Yes, it goes from Expedia to Cheka Flight to Cheka Flight Jet Blue.

[00:56:17] Speaker 06:

All right. So yesterday you told us and you testified to one entry having to do referring to JetBlue, correct? Yes. There's a number of searches in exhibit 161, isn't there, that have to do with searches for Expedia and flight information?

[00:56:35] Speaker 02:

Yes.

[00:56:39] Speaker 06:

And once again, if you were to look at the Safari web history, of the same device for this same information at the same time, you would find more information and put context into that search. Is that accurate?

[00:56:57] Witness:

Yes, there would be more information.

[00:56:58] Speaker 06:

Okay. But as you sit here today and based on what is and is not included in exhibit 161, you can't give us more context to any of those searches regarding flight information, can you?

[00:57:12] Witness:

No.

[00:57:16] Speaker 06:

Yesterday, and I'm going to ask you to turn to page four. Yesterday, you were asked questions about an entry on page four, record number 42. Am I saying that right when I refer to record number 42? Do you understand what I'm talking about? Yes, sir. Thank you. That was a search regarding what?

[00:57:45] Witness:

Number 42, would you like to read the date time or just the search terms, sir?

[00:57:49] Speaker 06:

You can read it anything you want, yes, to make it complete.

[00:57:53] Witness:

Item 42, the search occurred on December 25th, 2022, 1228 p.m., and the search was Xmas Day plane crash.

[00:58:04] Speaker 06:

Okay. And those types of searches, and when I say those types, the subject matter that's contained in Record number 42. It continues through record number 45 on page four, doesn't it? Yes. And that is timestamp 12-31-03 at record number 49. Correct. Now, yesterday you were also asked about a specific reference, and once again, page four, record number 53. And that's the record that indicates Anna Walsh found dead, correct? Correct. And those searches continue through 1245.58 on page four, don't they?

[00:59:02] Speaker 03:

Yes.

[00:59:03] Speaker 06:

Now, it's fair to say that once again, if you had the witness to that particular search, that would give more context into what that particular search is that you just talked about at number 54, I'm sorry, record number 53 at page 4. It would give you more information and more context, would it not?

[00:59:27] Witness:

It would, yes.

[00:59:30] Speaker 06:

You have no idea, do you, as you sit here today, what the user was thinking when he or she inputted that search that you just testified to, do you?

[00:59:43] Witness:

I do not. I know the content of it. I do not know the intent of it.

[00:59:49] Speaker 06:

OK. Are you aware of the fact, given the fact that you're an investigator, and I presume you conducted some investigation in this case, on behalf of the Norfolk County District Attorney's Office. Are you aware of the fact that Mrs. Anna Walsh, her flight was canceled on 12-25?

[01:00:16] Speaker 02:

Yes.

[01:00:17] Speaker 06:

And did you investigate the circumstances of that cancellation? I personally did not. Okay. So you're unaware of the snowstorm or anything like that that caused canceled flights? I don't know the particulars around the... I want to focus your attention once again at exhibit 161 to a number of searches that began at record number 445 at page 30.

[01:00:49] Witness:

Page 30, sir?

[01:00:50] Speaker 06:

Page 30. And it's record number 445. Are you there? Yes, sir. OK. It's fair to say, isn't it, that in looking at those entries starting at 445 and continuing through record number 495 on page 34, that they involve searches for what looks to be champagne or wine and varieties of champagnes and wines. Do you mind if I take a look? I don't mind at all.

[01:01:34] Witness:

445 through 495. 495. Sir? Yes, that appears. Wine and champagne. Okay.

[01:02:16] Speaker 06:

And it's fair to say, isn't it, that you've carefully reviewed all these records, haven't you, before you testified here, starting yesterday? Yes. And if you turn to page 62, beginning at record 924, and I'd ask you to just run through up to page 63, record number 943, once again, a number of searches regarding champagne or wine or things like that. Yes. Okay, you agree with that, right? Yes. And we could continue to do this, but for instance, though all of those searches were being conducted on December 30th of 2022, weren't they?

[01:03:30] Witness:

The ones from line 924 through 943, yes, they were on December 30th, 2022.

[01:03:40] Speaker 06:

And the searches between record 953 through 1016 on page 68, do you have those in front of you? What was the beginning item, sir? Record number 953, page 64. Okay. Through record number 1016, page 68. Once again, those searches occurred on December 30th, correct?

[01:04:15] Witness:

I'm still looking, sir.

[01:04:16] Speaker 06:

I'm sorry. You tell me when you're ready.

[01:04:19] Witness:

Yes, sir.

[01:04:20] Speaker 06:

And don't let me rush you.

[01:04:53] Witness:

Yes, those searches occurred December 30th, 2022, between approximately 7 p.m. to around 7.15 p.m. Right, on December 30th, correct? Correct.

[01:05:03] Speaker 06:

And you're aware in the investigation of this case that Mrs. Anna Walsh had planned a New Year's Eve party to be conducted in the Cohasset home on New Year's Eve, correct?

[01:05:14] Speaker 02:

Yes.

[01:05:16] Speaker 06:

And you're also aware that or maybe you're not, but there are additional searches throughout this as you continue to go down these searches that once again, someone is shopping for expensive champagne, someone's shopping for champagne or items like that. All in the same time period, correct? Yes. Now, yesterday, you were asked specifically by the government to, testified to an entry number, record number 1069 at page 72. Can you find that? It's at 8.38 p.m. on 12-30-2022. Record number 1069 at page 72. Yes. And you testified yesterday and you were asked what that search was and you stated to the jury, I'm good, correct? Yes. And you didn't give any other context to that, correct? Correct. As an investigator in this case, you are aware of the fact that there is a movie named I'm Good, correct?

[01:06:37] Speaker 02:

Yes.

[01:06:38] Speaker 06:

Okay. And you're also aware of the fact that if you were to look at the search web history related to that search,

[01:06:46] Speaker 05:

that it would further explain the context of that search and that I'm good is a movement. Is that fair to say?

[01:06:54] Witness:

I would have to see the web history itself, sir.

[01:06:57] Speaker 05:

OK.

[01:06:58] Speaker 06:

So you would agree, wouldn't you, Trooper, that that search that you were asked specifically about yesterday, I'm good, at record 1069 at 838, that search regarding the movie occurred in between all this shopping book all these searches going on having to do with champagne and wine and everything else forever.

[01:07:25] Witness:

This occurred after the ones you had me read prior. I would have to look if there are searches containing wine and champagne after, sir.

[01:07:33] Speaker 06:

Well let me focus your attention then and that's a certainly fair and accurate response. Why don't you look at page 70 two, the same page, and record number 1078. Have you had a chance?

[01:07:53] Speaker 02:

Yes, sir.

[01:07:53] Speaker 06:

And once again, that's champagne-related searches. Yes. So it's fair to say, isn't it, Trooper, that when you were asked yesterday on direct examination to specifically refer to that one search at number 1069, I'm Good. There's certainly nothing nefarious about someone conducting a search for a movie entitled I'm Good, correct?

[01:08:25] Witness:

Again, sir, I only know the context of this. I don't know the content or the, I mean the content, I don't know the intent behind it. You would agree that these

[01:08:35] Speaker 06:

records that you have in exhibit 161. If you know, they have multiple searches related to movies and movie titles, correct?

[01:08:51] Witness:

I just know the I'm Good one that you referenced, sir.

[01:08:54] Speaker 06:

Okay. Well, let me just briefly point you to record number 1128 at page 75. If you can go there.

[01:09:03] Speaker 02:

Yes, sir.

[01:09:15] Speaker 06:

Are you there?

[01:09:16] Witness:

Yes, sir.

[01:09:18] Speaker 06:

Starting there, if you could just start there, that looks like a reference to a movie or a movie clip, correct?

[01:09:24] Witness:

1128. Yes. States tone MOV, T-O-E-M-O-V. Do you know what that refers to?

[01:09:35] Speaker 06:

I do not. Okay. Just now run through the searches and up to and including number 1147, page 77, Can you do that? And as you look through those, there are multiple references to movies and movie clips if you know. Yes, there is, sir. And then finally, if you can look at record number 1148 on page 77, now we start some more champagne searches. Is that accurate?

[01:10:14] Witness:

Yes, it is, sir.

[01:10:15] Speaker 06:

So, you're not, as you sit here today, you don't know who was actually searching for campaign and those related searches all during this day of December 30th. I do not. And you don't know who was searching for all those movies and things like that. I do not. And you wouldn't testify to the jury now that there's anything nefarious about someone conducting multiple searches for champagne or movie clips, is there?

[01:10:49] Witness:

Could you repeat that, sir?

[01:10:50] Speaker 06:

There's nothing nefarious about someone searching for champagne or multiple movie clips during this period of time.

[01:10:56] Witness:

No.

[01:10:56] Speaker 06:

And based on your investigation of the case, you did carefully look at each entry of the searches, correct? Yes. Now, once again, yesterday specifically, and you can turn to record number 1271, page 85, you were asked specifically yesterday by the government to look at that search. Can you look at that one again and tell us what it says?

[01:11:35] Witness:

Line 1271, dated January 2nd, 2023, 642 p.m. And the search states, I'm good.

[01:11:44] Speaker 06:

So you testified to that yesterday, and you gave no context to it, but once again, it's a reference to the same I'm good that we saw had been searched for back in December 30th, correct? While someone is conducting champagne. Correct? Yes. And as you sit here today, you can't tell the jury that there's anything suspicious about our nefarious is that that's my word about this search. You were asked about yesterday that was conducted on January 2nd of 2023 at record number 1271.

[01:12:21] Witness:

Don't.

[01:12:30] Speaker 06:

Trooper, I'd like you to look at record number 1170 at page 78. That occurred on December 30th at 1116, 34 p.m. 1170, sir?

[01:12:53] Witness:

Yes. Okay.

[01:12:56] Speaker 06:

You have that?

[01:12:57] Witness:

I do.

[01:12:59] Speaker 06:

What does that search

[01:13:01] Witness:

Search occurred on December 30th, 2022, 11 16 p.m. and it states nightshade.

[01:13:07] Speaker 06:

Okay, now you're an investigator assigned to the district attorney's office and you worked on this case, is that correct?

[01:13:14] Witness:

Yes.

[01:13:15] Speaker 05:

And what is that nightshade?

[01:13:22] Witness:

Would you like me to explain the searches below? I believe it's related to what you're asking. Yes, it says nightshade noodle bar.

[01:13:31] Speaker 06:

And those searches go through record number 1175 through page 79 regarding Nightshade and Noodle Bar and things like that. Yes. So tell us truly, what is Nightshade or Nightshade Noodle Bar? What is that?

[01:13:55] Witness:

I believe it's a restaurant.

[01:13:56] Speaker 06:

Okay. And where is that restaurant located?

[01:14:00] Witness:

I am not sure, sir.

[01:14:04] Speaker 06:

You're not sure. If I told you it was located right on the town line, close to the town line of Marblehead, Massachusetts and Lynn, Massachusetts, would that sound accurate to you? I would have to search it. Okay. So you haven't searched it. No. In the context of this case, You have, as you sit here today, you have no idea of then the context of that search regarding Nightshade, do you? It appears to be a restaurant, sir. That's all I can say. And are you aware of the fact that in your investigation of the case that Mr. Walsh actually made a reservation for a New Year's Day dinner at the Nightshade restaurant for himself, I was not aware of that.

[01:15:30] Speaker 04:

Anybody want to show it to me?

[01:15:45] Speaker 11:

That would be a good idea.

[01:16:27] Speaker 10:

Thank you.

[01:16:56] Witness:

Yes. Sir, you all set with this? Leave this here?

[01:17:02] Speaker 06:

OK. Trooper, I'm just going to show you what's been now marked for ID as exhibit J. Have you ever seen that before in your examination of the iPhone?

[01:17:24] Speaker 04:

The iPhone?

[01:17:32] Witness:

I reviewed the messages. I don't specifically recall this one.

[01:17:37] Speaker 06:

You would agree, wouldn't you, that that message indicates in its context that it's a reservation at the nightshade restaurant?

[01:17:55] Speaker 03:

Yes, sir.

[01:18:02] Witness:

The phone number ending in 8646.

[01:18:13] Speaker 06:

Did you, I apologize, did you tell us that you had or may have seen it? You just don't recall what you said?

[01:18:22] Witness:

Yes, I reviewed the text through the past few years. I probably have seen it in the past, but I don't recall it.

[01:18:30] Speaker 06:

At this time I move. Any objection?

[01:18:34] Speaker 11:

No objection, Your Honor. The text message that's previously been marked for identification as J is now in evidence as Exhibit 170.

[01:18:42] Speaker 05:

Thank you.

[01:18:50] Speaker 06:

So is it accurate to say then, Trooper Keefe, that with regards at least to this particular text and the information that it contains, that to the best of your knowledge, nobody from the Norfolk County District Attorney's Office, such as yourself, as an investigator, went up and talked to anybody at nightshade or tried to get records of any reservation that had in fact been made on 1230 for a dinner date?

[01:19:25] Witness:

I did not, sir.

[01:19:32] Speaker 06:

Trooper, I'd ask you to look at exhibit 161 at record number 1250 at page 84. It's a search conducted at 12-31-22 at 10-26-16 a.m. Is that correct?

[01:19:56] Speaker 02:

Yes, sir.

[01:19:58] Speaker 06:

And if you will, sir, follow that search up to and including record number 12-70-12-70 through page 85 that ends at 6-42-54 p.m.

[01:20:19] Witness:

What was the ending line, sir?

[01:20:22] Speaker 06:

Record number 1270. 1270, OK. At page 85. Yes, sir. What did those searches involve based on the content of the search period?

[01:20:41] Witness:

These searches appear to be kids play places. How to file for a charity. Can you donate your lottery winnings? How to file a 501C3 for a church.

[01:20:59] Speaker 06:

It's fair to say that those searches involve queries about charities and how to file charities related to a church or things like that based on the search queries, correct? Yes. And do you know what a 501C3 is?

[01:21:15] Witness:

I believe it's a nonprofit charity or organization.

[01:21:19] Speaker 06:

Did you or anyone from the Norfolk County DA's office, to the best of your knowledge, investigate what that charity search involved? I did not, sir. And that charity search was conducted on December 31st, New Year's Eve, at 10, 26, 16 a.m. That's the search at record 1250, page 84, correct?

[01:21:47] Witness:

Well, 1250, sir? Yes. 1250 is, can you donate your auto-winning tax-free?

[01:21:56] Speaker 06:

Okay, I'm sorry. It doesn't specifically include the word charity.

[01:21:59] Witness:

It does not.

[01:22:00] Speaker 06:

Thank you for correcting me. As you go down to the next searches, 1252 on, it specifically starts talking about charities and 501C3s.

[01:22:13] Witness:

1256 begins the searches for filing a charity. Thank you for correcting me.

[01:22:18] Speaker 06:

No one went and tried to find out what that was about?

[01:22:22] Witness:

I did not, sir.

[01:22:25] Speaker 06:

Yesterday you were asked specifically, sir, to tell the jury what was a search at record number 193, page 14. Can you turn to that? It's page 14, number 193. Are you there?

[01:23:02] Witness:

Yes, sir.

[01:23:03] Speaker 06:

And you were specifically asked what that search was about and you told the jury it was about autobahn, correct? Yes. And you were asked nothing else about any of the related searches that go through record number 198 regarding autobahn, correct? Correct. And some of those searches specifically state autobahn USA, correct?

[01:23:29] Witness:

Yes.

[01:23:30] Speaker 06:

What is Autobahn USA?

[01:23:31] Witness:

I believe it's a car website or vehicles, motor vehicles.

[01:23:38] Speaker 06:

And are you aware, based on your investigation of this case, and based on the content of the text messages between Anna Walsh and Brian Walsh, that Anna Walsh had passed

[01:23:57] Speaker 03:

Yes.

[01:23:57] Speaker 06:

And are you aware of the fact that they talked about him buying her a Porsche in the text messages? Yes. And are you aware of the fact that he sent her pictures of a Porsche, in fact, two Porsches that were for sale? Yes. Are you aware of that?

[01:24:16] Speaker 02:

Yes.

[01:24:16] Speaker 06:

And are you aware of the fact that that took place on December 25th of 2022?

[01:24:22] Speaker 02:

Yes, sir.

[01:24:28] Speaker 06:

Did you ever go out in the context of the investigation of this case and talk to anybody at Autobahn to see if Mr. Walsh had appeared and was talking about buying a Porsche for Anna Walsh around Christmas time of 2022? I did not, sir.

[01:24:44] Speaker 05:

Okay.

[01:24:47] Speaker 06:

So I want to focus your attention to record number 418, page 29. And that is a search that was conducted on December 27th of 2022 at 6, 17, 23 a.m. Am I right about that? Yes. And they're related searches to that. They go through record number 438, correct? Correct. Those searches are related to a Verizon store. Correct? Yes. And there are actually location searches in some instances of a Verizon store, correct? Yes. And it's a Verizon store located in D.C., correct?

[01:25:41] Witness:

That is correct.

[01:25:41] Speaker 06:

It's not a Verizon store located in or around the Colossus, or he is? No. And are you aware of the fact, Trooper Keith, that on or around December 27th, contained in the text messages that have now been introduced into evidence, that Miss Walsh stated to Mr. Walsh that her phone wasn't working properly at the same time on 12th and 7th.

[01:26:07] Witness:

Yes, I do recall those.

[01:26:08] Speaker 06:

And that she told him words to the effect of it just literally stopped working, or words to that effect.

[01:26:14] Witness:

There was something to that effect, yes.

[01:26:16] Speaker 06:

And he texted her back and said, words to the effect of, do you want me to get you a new phone, or do you need a new phone?

[01:26:22] Witness:

I believe it was something like that, sir.

[01:26:24] Speaker 06:

And then in the early morning hours of December 28, Mr. Walsh sent her information about, well, here's a Verizon store in D.C. that you might go to if you need help.

[01:26:35] Speaker 02:

Yes.

[01:26:36] Speaker 06:

And she responded then. Do you remember that?

[01:26:40] Witness:

I remember the messages about the Verizon store.

[01:26:49] Speaker 06:

Yesterday, specifically on direct examination, you were asked about a search conducted at record number 1368, page 92. And that search was conducted on January 4th of 2023.

[01:27:26] Witness:

Sorry, sir. What was the line again? I just got to the page.

[01:27:28] Speaker 06:

I'm sorry. Record number 1368. Page 92. OK. You were asked about that yesterday.

[01:27:38] Witness:

Yes, I was.

[01:27:40] Speaker 06:

And you told this jury it was about the Mazda building.

[01:27:45] Witness:

The crossing building.

[01:27:46] Speaker 06:

Oh, the crossing building.

[01:27:47] Witness:

Yes.

[01:27:49] Speaker 06:

But you weren't asked for the context or anything of the sort. You just simply told the jury what the search query was, correct?

[01:27:55] Speaker 02:

That's correct.

[01:27:57] Speaker 06:

I want to ask you now to go back to record number 804 at page 54. Are you there, sir?

[01:28:20] Speaker 02:

Yes, sir.

[01:28:23] Speaker 06:

Is it fair to say that beginning at 804 page 54 on December 29th of 2022 at 913.47 PM, that those searches are related to the Mazza building also. Yes, sir. And those searches go through record number 825 at page 55.

[01:28:52] Witness:

Yes, the Mazda building, crossing building, correct.

[01:28:54] Speaker 06:

So yesterday you weren't asked about those searches that go back to December 29th. You were only asked about the search on January 4th. Is that correct?

[01:29:06] Witness:

No, I believe I was asked about those searches prior to.

[01:29:11] Speaker 06:

All right, fine. Do you know what the Mazda building is?

[01:29:18] Witness:

It's a building in D.C., I believe, near where Anna Walsh works.

[01:29:25] Speaker 06:

I don't know specifics, just building in D.C. As an investigator in this case, and since you were asked specifically by the government yesterday to tell the jury about those searches, you went and investigated, didn't you, what had been occurring at the Maza building and Tishman Spears spotted regarding their management of the Maza building and that area.

[01:29:49] Witness:

I don't know the specifics, sir.

[01:29:51] Speaker 06:

Are you unaware of the fact Trooper as an investigator connected to this case that there was a lead in your disease outbreak in October of 2022 of those properties that were managed by Tishman Spire?

[01:30:19] Witness:

I was not aware of that.

[01:30:22] Speaker 06:

Are you aware of any letter that's contained? Let's strike that. That's not fair. Are you aware of any letter that was issued by the D.C. Department of Public Health specifically to Ann Walsh in her capacity as regional general manager regarding that Legionnaire disease outbreak?

[01:30:43] Speaker 11:

Objection. Sustained.

[01:30:47] Speaker 06:

Did you investigate and ask anybody at Tishman Meyer about anything occurring in a cold room regarding the building that they were managing, specifically that Anna Walsh was managing? Objection.

[01:31:02] Speaker 11:

We'll see you at the side of the bench.

[01:31:30] Speaker 10:

Thank you. Thank you. Thank you. .

[01:36:24] UNKNOWN:

.

[01:37:03] Speaker 10:

.

[01:37:24] UNKNOWN:

.

[01:38:18] Speaker 06:

I would ask for more.

[01:38:20] Speaker 11:

It's marked as K for identification.

[01:38:49] Speaker 06:

based on your review, Trooper Keith, of the contents on the iPhone that is the subject of Exhibit 161. It's fair to say that in the searches running from the date of December 25th of 2022, up and including the end of December 31st, of 2022, you saw no evidence of searches in the Safari search history regarding any searches for things like tools or searches suggesting how to dispose of a body or anything like that, correct?

[01:39:38] Witness:

I did not see any of those December 25th to the 29th.

[01:39:43] Speaker 06:

Okay, and it's fair to say that based on your review of the search queries that were made and are contained in Exhibit 161, what you see for the search queries, it's fair to characterize them as there's multiple searches for various actors and actresses and music and movies, piano lessons, kindercare, and even a dog barking toy. Do you recall those?

[01:40:13] Speaker 02:

I do, sir, yes.

[01:40:16] Speaker 06:

And you were asked something about yesterday, and I'm sorry I don't have the citation, and that's my fault. involved something called my exes?

[01:40:35] Speaker 02:

Yes.

[01:40:36] Speaker 06:

Then the search right below it, I think, if you recall. Once again, I apologize. I don't have the citation. But I think you were asked on direct that it also had something like a reference to assault, correct?

[01:40:48] Speaker 02:

Yes.

[01:40:49] Speaker 06:

But you weren't asked to give context to that at all. You just told the jury what the search was, correct?

[01:40:54] Witness:

That's correct.

[01:40:55] Speaker 06:

And you would agree with me. Once again, there's just nothing nefarious about someone searching for what turns out to be a country western song, correct? Correct. Trooper Keefe, you in the past applied for search for intent. I have, sir. And you know what the procedure is, correct? Yes. And you understand that, are you familiar with the phrase probable cause? I am, sir. And can you just explain briefly what probable cause means in the context of getting a surgical check?

[01:41:44] Speaker 11:

Overruled.

[01:41:47] Witness:

The facts and information pertaining to your investigation in order to charge a crime, more or less? more likely than not that this crime had occurred.

[01:42:01] Speaker 06:

And it's fair to say that once you start an investigation, your experience tells you that you might get a search warrant that covers a particular time period. And if you get information either based on the content of what you discovered pursuant to the search warrant or your continued investigation, you can return to a court and apply for an additional search warrant.

[01:42:26] Witness:

It depends what the search warrant is for. What the search warrant is for.

[01:42:32] Speaker 06:

In a case where you're investigating what happened, such as this, what happened to Anna Walsh? Wouldn't it be important to you to look back beyond 12-25 of 2022 to see if there was any evidence in the iPhone mini or the iPhone SE or the iPad or the MacBook to see if there were any other entries that indicated that the person using those devices had planned to do any harm to Anna Walsh?

[01:43:11] Witness:

At the time, we do not have probable cause to expand that search warrant, sir.

[01:43:14] Speaker 06:

Well, you certainly had, at the time, I'm sorry.

[01:43:18] Witness:

During that investigation?

[01:43:20] Speaker 06:

During what? You have to speak up a little bit.

[01:43:21] Witness:

Sorry. Could you repeat the question again?

[01:43:26] Speaker 06:

I'm sorry.

[01:43:26] Witness:

Yeah, it was.

[01:43:32] Speaker 06:

You would agree.

[01:43:34] Speaker 11:

I'll see you both at the side of the bench.

[01:44:49] Speaker 10:

Thank you. you .

[01:46:42] UNKNOWN:

.

[01:47:05] Speaker 10:

.

[01:47:14] UNKNOWN:

. Thank you.

[01:48:46] Speaker 10:

.

[01:48:58] UNKNOWN:

.

[01:50:10] Speaker 10:

you

[01:50:46] UNKNOWN:

you

[01:51:38] Speaker 10:

Thank you. .

[01:52:23] UNKNOWN:

.

[01:54:43] Speaker 10:

Thank you.

[01:55:59] UNKNOWN:

you you

[01:57:52] Speaker 11:

You know we're working over there and discussing a lot of evidentiary issues. But you can get up. It's sort of tight because there's a lot of you in there. But you can get up and stretch and move around. You can even step up, like right there, if you're lucky enough to be on an NC. But just keep yourself alert and comfortable, all right?

[01:58:23] Speaker 02:

Yes, sir.

[01:58:26] Speaker 06:

Who was the Mass State Police officer designated as, quote, the case officer in the investigation of this case on or around January 8th of 2023?

[01:58:37] Witness:

That would be Trooper Michael Proctor.

[01:58:44] Speaker 05:

And what does case officer mean in that context?

[01:58:51] Witness:

You manage the case. Manage the case. So you're the lead case officer. You, you know, delegate tasks and things that need to be done throughout the course of the investigation.

[01:59:06] Speaker 04:

So you manage the case and you oversee the investigation.

[01:59:10] Speaker 02:

Those are your rules, right?

[01:59:13] Speaker 05:

Yes. And it was my own problem.

[01:59:14] Speaker 02:

Yes.

[01:59:19] Speaker 06:

And it is fair to say, it's accurate, that you and that author you signed off on and applied for some search warrants in this case.

[01:59:32] Witness:

Yes, I did.

[01:59:33] Speaker 06:

And you were the trooper in charge, being a forensic digital specialist, to analyze the data on the iPhone 13 mini, correct?

[01:59:51] Witness:

The iPhone 13 mini, yes.

[01:59:59] Speaker 06:

But you yourself then, just yes or no, you yourself didn't, you never applied for any further search warrant to look at more data on the iPhone 13 mini?

[02:00:13] Witness:

I did not.

[02:00:26] Speaker 06:

Trooper Keith, yesterday, you were asked to show what was referred to as a PowerPoint presentation, correct? Yes. And in that PowerPoint presentation, what you did was you compiled, with the use of the Lexis software, you compiled a bunch of data points and believe that you were able then to explain the certain locations of those two phones, the iPhone SE and the iPhone Mini over a period of time relevant to the investigation of the events, correct? That's correct. And correct me if I'm wrong, but one of the reasons you compiled that PowerPoint presentation I call it a presentation when you compile with PowerPoint, was to try to assimilate and get a lot of information together so you have context for the information thread.

[02:01:33] Witness:

Within that GPS data set, there's thousands of points. So this is just one specific point within that data set for those two different devices.

[02:01:43] Speaker 06:

So when I use the phrase to give context, in other words, once you start using that location data, And based on your review of the digital data, then you can make further conclusions about what a particular data point means when it shows up on the location data, right?

[02:02:06] Witness:

I'm sure the question, sir.

[02:02:07] Speaker 06:

Well, it was a terrible question, so let me try it this way. If you just look at those data points individually without any context, You don't know what data point came before it. You don't know what data point came behind it. All you have is a bunch of individual data points that really don't tell you much of anything. Correct?

[02:02:26] Witness:

No.

[02:02:27] Speaker 06:

Well, I'm not correct.

[02:02:29] Witness:

No.

[02:02:30] Speaker 06:

Once you put together all those single independent data points, you begin to better understand what the location data is telling you.

[02:02:40] Witness:

once they are uploaded using the mapping software. It's an interactive map, and you can look at the thousands of data points day by day, time, specific dates, times, and they'll map out specific dates, times of the events of the location.

[02:02:56] Speaker 06:

So it helps you better understand what the events were over a period of time.

[02:03:00] Witness:

Yes.

[02:03:05] Speaker 06:

So did you ever put together, in the investigation of this case, The information that was taken out of the iPhone 13 mini, and did you ever take it and put it in some format where you compared it to the other digital data, for instance, that was taken off the MacBook? Gray, device number three.

[02:03:41] Witness:

You'll have to specify data. I don't know what data you're talking about.

[02:03:54] Speaker 06:

The data on the Mac book about it included the activity that was gleaned from the Mac book beginning on or around December 25th up to and including January 1st of 2023.

[02:04:17] Witness:

Is there anything specific? There's a lot of data contained within both devices. I'm not sure what you're asking me to compare.

[02:04:23] Speaker 06:

Well, I think you told us, Jerry, yesterday that with regards to the location data, you had something like over 40,000 data points to deal with, correct?

[02:04:39] Witness:

from the iPhone 13 mini, yes.

[02:04:41] Speaker 06:

So then you decided out of that 40,000 different data points, you decided which ones you would use to help better understand what events occurred during that relevant time period that you testified to yesterday, correct?

[02:04:57] Speaker 02:

Yes.

[02:04:58] Speaker 06:

So I guess my question is that did you ever make an effort to get all the data information from the MacBook gray searches And then compare it to the data that you took off the iPhone 13 mini. And look at that data line up. See what happened over a period of days, 12-25, 12-26, 12-27, through January 1, according to the times of when each event happened on each one of those days. between those devices.

[02:05:41] Witness:

So Trooper and Nicholas Garino did the MacBook extraction and analysis. Are you asking specifically about location data?

[02:05:48] Speaker 06:

No, I'm talking about the data that was gleaned from the MacBook grade and, for instance, the data that you gleaned from the iPhone mini.

[02:05:58] Witness:

I did not compare the two, if that's what you're asking.

[02:06:02] Speaker 06:

Would you agree with me, Trooper Keith, that if you lined up all of the data that showed what happened on those two devices, for instance, the information, the activity on the MacBook, and you combined it with the activity on the iPad, on the iPhone mini, I apologize, the iPhone mini 13, that you would have a better understanding of exactly what was going on During the day of, for instance, 12-25-22 and 12-26-22, that that would help you better understand the context of the information.

[02:06:38] Speaker 11:

Jackson. Harold.

[02:06:42] Witness:

They're two different devices. They'll be used at two different times.

[02:06:47] Speaker 06:

Well, you used two different devices used at two different times to compile your location data, didn't you?

[02:06:54] Witness:

Yes, for different days throughout that time frame.

[02:06:57] Speaker 06:

So the issue isn't two different devices, is it? It's the fact that you have two different devices operating on the same day. You actually can combine all the activity that happened on device A with the activity that happened on device B and have a better understanding of what was going on.

[02:07:19] Witness:

I did not compare the two devices, sir.

[02:07:37] Speaker 06:

I hate to do this, Judge. Yes. Could we get him to sidebar?

[02:07:40] Speaker 12:

You may.

[02:08:30] UNKNOWN:

you . .

[02:09:58] Speaker 10:

you

[02:10:34] Speaker 11:

You can stand up if you want.

[02:11:05] Speaker 10:

I'll stand up. Peace be with you.

[02:12:35] Speaker 04:

There you go.

[02:12:47] Speaker 11:

We're all set.

[02:13:08] Speaker 06:

I think if I could quickly ask the exhibit number 169 you brought up on this here. Then Trooper, you have your exhibit, your product is exhibit 161, you have that. Now we need to call it off.

[02:13:43] Speaker 04:

168. And may I approach your honor?

[02:14:13] Speaker 06:

It's going to be hard. I'm presenting you with what's been marked exhibit 168. OK. Characterized as the call law.

[02:14:22] Speaker 03:

Yes, sir.

[02:14:30] Speaker 11:

To just to the records, Claire, 168 and 161 is before the witness right now. OK, just want to make sure.

[02:14:42] Speaker 06:

Yes, 161, 168. I'm going to ask you, Trooper, to look at exhibit 161, page 2, record 16.

[02:15:20] Witness:

161, page 2, record 16, sir?

[02:15:34] Speaker 06:

Yes. Yes, Trooper.

[02:15:36] Witness:

OK. Yes.

[02:15:37] Speaker 06:

Have that in front of you?

[02:15:38] Witness:

Yes.

[02:15:39] Speaker 06:

Is it fair to say that that's one of the References to that you testified to yesterday. Check a flight jet blue.

[02:15:48] Witness:

That is correct.

[02:15:51] Speaker 06:

Now I'm going to ask that. In a good but 169. Page two. Dated 122522 at 115405. The top of the page you see that yes. Do you see that trooper? Yes. Sorry. Yes. At 1154, 05 AM, the text message from number 8646 to phone number 7966, there's a message of, I haven't heard from you at all, correct? Correct. And then I'm going to ask that, Trooper, you look at exhibit 161 again, that you have, and look at page 2, record number 21. Yes. That's an entry at 12.09.24 p.m., and it is that one of the searches you testified to yesterday regarding William Fastow, misspelled, William Fastow DC Reel. Correct. And so then you go down to, I'm gonna ask you to continue to look at. Now, page three of exhibit 161 at record 27 at 120928 PM. Looks like four tenths of a second. And that is a search entitled William Fastow DC Real Estate, correct?

[02:17:34] Speaker 02:

Yes, that's correct.

[02:17:38] Speaker 06:

And now I'm gonna ask you to look at what was marked as exhibit 161, the call log, at page 11, record 137, a search dated at 12, I'm sorry, timed at 12.15 p.m. Sir, could you, that was exhibit 168 as the call log.

[02:18:07] Witness:

Well, I've already messed it up.

[02:18:09] Speaker 11:

161.

[02:18:09] Witness:

I did 168 168. Okay, I'm gonna have to take it out of the binder here. It's stapled.

[02:18:17] Speaker 06:

Take your time and I apologize. Okay, sir, could you go again with that? Yes, absolutely. 168. At page 11, I'll call it record 137. Timestamped 1215?

[02:18:59] Witness:

Yes, 137.

[02:19:01] Speaker 06:

Timestamped 1215 p.m., correct? December 25th, 2022, 12.15 p.m., yes. And that, from the call log, that indicates some interaction between the two devices, and that exhibit 168 has to do with phone ending in 8646 and phone ending in 7966, correct? Assigned to Brian Walsh and Anna Walsh, correct? Yes. And there is a one-minute, 23-second call between those two phones, correct? Yes. We don't know the content, do we? I do not. Okay. And then as you continue to proceed in this relevant time period, you go to exhibit 161 again at page three, record 35.

[02:19:57] Speaker 02:

Yes.

[02:19:57] Speaker 06:

And that is a search conducted at 1222.06 PM, correct?

[02:20:01] Speaker 02:

Yes.

[02:20:03] Speaker 06:

And the search is Anna Walsh, Tishman Spear. Is that right? Yes. Now we get, say on exhibit 161 for the next five requests, 161, page four, record 43. Timestamp 122857. Yes. Search Christmas Day plane crash.

[02:20:34] Witness:

That's correct.

[02:20:38] Speaker 06:

Same exhibit 161, dated 12-25-22, same time period, page four, record 50. I'm sorry, record. Yeah, I'm right, record 50.

[02:20:57] Witness:

Would you like to read the content, sir? Yes, go ahead. December 25th, 2022, 1231 p.m. Jeff Chad Tishman Speyer, Cyper.

[02:21:08] Speaker 06:

Now just keep going down. Exhibit 161, 1225, 22, page 4, record 53.

[02:21:17] Witness:

Anna Walsh found dead.

[02:21:18] Speaker 06:

1245, 47, correct? Yes. And once again, I think you just told the jury Anna Walsh found dead. Correct?

[02:21:30] Speaker 02:

Yes, sir.

[02:21:32] Speaker 06:

And as we continue to go down, the next is exhibit 161, page 5, record 57, at 1246 10 PM. Yes. And it's a search for Jeff Chod, C-H-O-D. Correct. Now, I'm going to ask you to look at exhibit 168 at page 11, record 132. Timestamp 1257 p.m. Yes. It indicates a phone call between these two phones.

[02:22:27] Witness:

Yes.

[02:22:28] Speaker 06:

that lasted four minutes and 45 seconds.

[02:22:31] Witness:

I guess it's an outgoing call from the device ending in 8646 to the number 7966 Anna New.

[02:22:40] Speaker 06:

Okay, and you don't know what they were talking about if they were talking at all. You just know that there was a call that lasted four minutes and 45 seconds between those two phones at that time. Correct. And then if you Go back to, I'm sorry, if we could have page two on the exhibit 169 for 125726. And the entry is, as seen on the screen, my flight got canceled driving up. Is that fair to say? Yes. So just stopping there. Between 1152, we started with 1152, exhibit 161. We're now down at the time period of 1257. Is it fair to say that what it looks like is that Anna Walsh, at least Anna Walsh's phone, texted the phone assigned to Mr. Walsh, and told and texted, my flight got canceled and I'm driving up? Yes. And before that, those texts that you read to the jury, where they're entered, Anna Walsh found dead, are claim claims, correct? The ones you testified to just a moment ago? Those searches, they appear to be searches to see if some harm came to Anna Walsh, correct?

[02:24:25] Witness:

Again, I can read the context. I don't know the content of the search.

[02:24:30] Speaker 06:

But did you consider that in your investigation of the case when you looked at all this data together?

[02:24:35] Witness:

That specific search and text message?

[02:24:41] Speaker 06:

All this data together that you just now told the jury about. Did you look at all that data together at one time like you've just done for the jury? created a context for all of those communications in those three different sources of information. Did you ever do that?

[02:24:56] Witness:

What, three, the call log, three sources? I'm not sure what.

[02:25:02] Speaker 04:

Did you do it?

[02:25:03] Witness:

I've looked at all three of them multiple times.

[02:25:05] Speaker 06:

Did you ever look and compare them and see that there were searches that looked like someone was concerned about the harm that may have come to Anna Walsh, and then when Anna Walsh texted and said, my flight got canceled, None of those alarming texts occurred afterwards.

[02:25:24] Speaker 11:

As to the characterization, sustained.

[02:25:29] Speaker 06:

Did you see any other text after the 1257 text from Anna Walsh's phone saying my flight got canceled driving up? Did you see any text after that where there were any searches about plane crash, Arzana Walsh dead, or anything like that? You didn't see anything like that, did you?

[02:25:51] Witness:

I would have to review them again, sir.

[02:26:01] Speaker 06:

I want to ask you to look at exhibit 168, beginning at page 11, record number 129. What is that time stamp? Said 168 exhibit 168. I'm sorry trooper 168 record. I'm looking at record 129 page 11.

[02:26:47] Witness:

Sorry, what was the line again, sir? Sorry.

[02:26:49] Speaker 06:

That's OK. Do you see on page 11 a call that lasted one hour, 22 minutes and 33 seconds? Yes, I do. An outgoing call. Do you see that? I do, sir. And that is a one hour, 22 minutes, 33 second call. That's an outgoing call from the phone assigned to Brian Walsh. Correct? Correct. And then do you see another call on page 11 that lasted three hours, two minutes and 37 seconds?

[02:27:48] Witness:

On page 11, sir? Yes. Three hours? If you do not, we can say that. I do not see a call.

[02:28:00] Speaker 06:

Do you see a call that lasts six minutes and five seconds? On page 11. Yes, I do. And then do you see another call that lasted one minute? I'm sorry, one hour, 27 seconds and 27 seconds and 07 seconds. Do you see that? And that call originated on the phone assigned to Anna Walsh. I'm not sure what. Can you repeat that? Yes. Do you see a phone call that lasted one minute, 27 seconds? On page 11, sir? Yes, I do not. Then this might be a good time to stop.

[02:28:56] Speaker 11:

OK, we'll take a break. Have a nice morning.

[02:29:05] Speaker 07:

Follow me.

[02:29:42] Speaker 11:

I'll take advantage of this time to take a look at the search walks.

[02:29:57] Speaker 14:

All rise.

[02:32:40] Speaker 10:

.

[02:32:48] UNKNOWN:

.

[02:33:22] Speaker 12:

Okay.

[02:35:12] UNKNOWN:

Thank you.

[02:35:48] Speaker 10:

Thank you.

[02:36:32] UNKNOWN:

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

[02:57:18] Speaker 01:

You are unmuted.

[02:57:41] Speaker 11:

I just had an opportunity, I know it's maybe not relevant to the inquiry that's going on right now, Attorney Porges, your records are good. He wrote 76, 85, 19, and 136. I don't know if his memory is correct, too. They all go to Verizon or AT&T records. So we can talk about that more later. Anybody need anything before I bring in the jury?

[02:58:11] Speaker 06:

Does that mean I can explore it more?

[02:58:13] Speaker 11:

No, it doesn't. It just puts the record more precisely as to why, but there may be others that you can explore that with. All right?

[02:58:25] Speaker 06:

I actually don't get it, Judge.

[02:58:27] Speaker 11:

You don't what?

[02:58:28] Speaker 06:

I don't get it. I'm trying to understand the rulings. I don't see it.

[02:58:30] Speaker 11:

All right. Well, you can make your pitch.

[02:58:33] Speaker 06:

So you're telling us that I can't explore getting further search warrants to go back 1225 with this witness?

[02:58:44] Speaker 11:

I think you can with regard to his sort of, I'll call it area of expertise, but that's not what you really want, right?

[02:58:52] Speaker 06:

You mean with the Verizon records?

[02:58:54] Speaker 11:

Yes.

[02:58:54] Speaker 06:

Yeah. No, I don't.

[02:58:56] Speaker 11:

I mean, as I look through that to go through, I mean, I think you have to have the filter that I'm placing right now is you have to have a good faith basis for all your questions, both sides. This, I won't call them an expert, but this trooper's expertise as is revealed by those search ones, is in a particular narrow focus. Now, if you set the foundation for some broader thing, maybe Ken, I don't know, making reasonable inferences from what I know about the case, then I might permit. But with this witness, and there may be other witnesses, to include Trooper Proctor. It seems like Trooper Guarino had a slightly different role than even Trooper Keith. So I think there are proper inquiries or proper individuals that you might be able to make these inquiries to, to some depth. I don't think this is one of them. I understand the question. Based on the record that's before me, you can ask probing questions if you wish, and you know something that I don't. Again, I'm the consumer of the evidence, just like the jury in that regard. And I certainly do have a lot of learning from the time that I've spent on this case, but on what I know right now, I don't think it's a proper line of inquiry.

[03:00:25] Speaker 06:

I understand the question.

[03:00:27] Speaker 11:

All right. Let's bring it back in.

[03:00:34] Speaker 07:

All rise, jurors entering. We'll put us back in session, you may be seated.

[03:01:20] Speaker 11:

You may proceed.

[03:01:21] Speaker 05:

Thank you.

[03:01:31] Speaker 06:

First I'm going to apologize, but would you tell us, Cooper, that exhibit 168, the call. That call is arranged beginning at late dates going to early dates, correct? It starts at January 3rd, 2023.

[03:01:53] Witness:

Yes, it starts January 3rd, 2023 to December 25th, 2022.

[03:01:59] Speaker 06:

All of the other two documents that were used in exhibit 169 and 161, those all start with the earlier dates and proceed, correct?

[03:02:13] Witness:

Yes, those are in ascending. This one looks like it's descending order.

[03:02:17] Speaker 06:

OK. So now that I understand that, hopefully I won't confuse you. So here we go. So now. Starting with exhibit 168 at page 11, record 129, occurring at 1.40.10 p.m. Do you see that? Yes, sir. That's a call that lasted one hour, 22 minutes and 33 seconds, correct? Correct. And it was a call that originated on the phone assigned to Brian Walsh.

[03:02:56] Witness:

Yes, it was an outgoing call to the number ending in 7966 Anna New.

[03:03:02] Speaker 06:

Okay. Staying on that document, page 11, record 126. Timestamped at 3.02.37 p.m. There's a call that lasted six minutes and five seconds. Correct. And once again, it originated from the phone assigned to Brian Walsh, correct?

[03:03:25] Witness:

Correct.

[03:03:28] Speaker 06:

Now, go to page 10, record number 124. An event happening at 411.06 PM. There's a call that lasted one hour, 27 minutes, and seven seconds. Correct. Now that call originated from the phone assigned to Anna Walsh, correct?

[03:03:51] Witness:

Yes, that is an incoming call.

[03:03:57] Speaker 06:

Are you aware of the fact, based on your involvement in the case, that Anna Walsh, her flight was canceled and she wound up driving up from DC to Cohasset?

[03:04:11] Witness:

On December 25th, sir? Yes.

[03:04:12] Speaker 06:

Yes. And would it be accurate to say that during this time frame that we've just talked about these three calls, that's when Anna Walsh is driving from D.C. to Cohasset?

[03:04:25] Witness:

Yes, that could be inferred from that.

[03:04:28] Speaker 06:

So it appears from these records that during this time frame, again, that after the flight's canceled and her phone is texting, the phone is signed to Brian Walsh saying, my flight was canceled, I'm on my way, that they're having no less than three phone calls between themselves, between their phones, as she drives home. Yes. And then, if you can look at the screen, and I'm referring to page two, and the text timestamped 6 37 46 p.m. on 12 25, It looks like Anna Walsh or the phone assigned to her texts, I'm an hour and a half left. Correct. And then as you continue on exhibit 169 at page three, time stamped 726.02, it appears that that phone texts an image of a car to Brian Walsh, correct? Correct. Or at least the phone assigned to him. And the photo looks like it's a photo of a Porsche.

[03:05:53] Speaker 03:

Yes.

[03:05:56] Speaker 06:

And now if you refer to exhibit 161 at page 14, record 193, Timestamped 8 28 12 p.m. One nine three, sir. Yes.

[03:06:16] Witness:

Yes. Okay.

[03:06:17] Speaker 06:

That's one of those autobahn searches, correct? Correct. Where it appears that someone's looking for a luxury car or at least searching the autobahn for a car.

[03:06:25] Speaker 03:

Yes.

[03:06:35] Speaker 06:

If we go now to exhibit 169, and we're looking at page three, we see a text that timestamp 1034.50 PM. Yes. And it involves a property listing at Zillow. Correct. And if you scroll down one, two, three, four, five, six, seven, eight texts, all of those texts, Encompassing page three, four, five, six, and seven, they continue to be text regarding Zillow postings for property, correct?

[03:07:24] Witness:

Yes, they all appear to be text sent from the number ending in 7966, assigned to Anna Walsh to 8646 about properties.

[03:07:32] Speaker 06:

And those properties are all situated in or around the greater DC area or Baltimore, correct? Yes. And do you know, officer, from your involvement in this case, about what time Ms. Walsh arrived in Cohasset when she drove up from DC? On the 25th? Yes. I do not know. If I told you that she arrived sometime around 8 or 8.30 in the evening, does that sound accurate to you based on your review of all the data? Sounds reasonable. So it would appear that all these Zillow listings that you just referred to that are occurring sometime around 10.30 PM on 12.25 through 10.58, it appears that he's already home. Anna Walsh is already back in Cohasset. And she's texting, far from, to a phone assigned to Bride Walsh, all of these listings forever. Now we're referring you to what's been marked exhibit 168, the call log. I'm going to refer you to record number 114 at page 10. And it shows that there was some type of phone connection for five minutes and 19 seconds. between the phone assigned to Anna Walsh and Brian Walsh, and to the phone assigned to Brian Walsh. Correct. And we can go down and just follow that on page nine, record number 112, we see a 36 minute phone call between the phones assigned to Anna Walsh and Brian Walsh. Correct? Correct. Once again, you don't know what the content of the phone call was, but that's what it appears that there was a 36 minute phone call between them. Yes. And we continue to go down. Page nine, record 106. Now there's a 21 minute phone call, correct?

[03:09:48] Speaker 03:

Yes.

[03:09:53] Speaker 06:

Now we're on exhibit 161. Now we're on a different date. We're on the next date. December 27th of 2022. I'm going to refer you to record number 316, page 22. You recognize that entry on exhibit 161? What was the page number, sir? Sorry, I had to put the 168 down. That's fine. Page 22, record number 316. Okay. You see that?

[03:10:30] Speaker 03:

I do.

[03:10:32] Speaker 06:

It occurred at 6.5746 a.m., correct?

[03:10:35] Speaker 03:

Yes.

[03:10:36] Speaker 06:

That's that reference you were asked on direct examine yesterday. you know, that reference to all my exes, correct?

[03:10:46] Speaker 02:

Yes.

[03:10:53] Speaker 06:

And then on the same day, and now we're looking at exhibit 168, the call log, we're going to refer you to page nine and ask you to look at record 104. They begin a series of phone calls, three phone calls, 10 minutes and 43 seconds, one minute and one second, a third one, 26 minutes and 21 seconds, all originating from the phone assigned to Brian Walsh to Anna Walsh. Do you need me to tell you exactly what the records are? I apologize. Yeah, could you go again with the record number, sir? Yes. 104. OK. 102 and 100.

[03:11:40] Speaker 03:

Okay, yes.

[03:11:41] Speaker 06:

Okay. And then there is at record 98 on page 8, 98 at page 8, there's a 23 minute phone call. Correct. And that originated from the phone assigned Anna Walsh. Correct. Now, I want to refer you to now the text messaging that's been entered as exhibit 169 at page seven, and it's time stamp 105932AM, and it appears that the phone is signed to Anna Walsh, text, when can they have the thing signed? Do you see that? I do, sir. And immediately following that, In the call log, exhibit 168, is a phone call that lasts six minutes from the phones assigned to Anna Walsh and Brian Walsh. And it originated from Anna Walsh's phone, didn't it not?

[03:12:50] Witness:

I'm just checking the call log now, sir. You see that? I see the text, but I don't see the specific call you were referring to on the call logs here.

[03:13:13] Speaker 06:

OK. Let me try to give you page eight, record number 96, time stamped at 110517 AM.

[03:13:23] Witness:

Page eight, 98 on this one has a different time and date, sir. All right, what is it? Just tell the jury what it is. This one is December 27, 2022, 1041 a.m. That's number 98.

[03:13:44] Speaker 06:

Okay. And it lasts for 23 minutes, 10 seconds. Yes. Go on down to now, page eight, record number 96 on the same exhibit, 1105, 17 a.m., a phone call that lasts six minutes and 54 seconds. Correct. Now, we're going to jump down a little bit and at exhibit 169, the text messages on page eight, a text message time stamped at 63644. There's a text that reads, did they sign? Yes, I see that. And then you see a text following that, the very next text, time stamped at 6.39 p.m. in Exhibit 169, and it looks like it originates from the phone assigned to Anna Walsh, and she says, I emailed Stephen to see if he helped with the paperwork, correct? Yes. And then as we go through these text messages, the next text message is, The phone assigned to Brian Walsh, she said they signed. That's the text message. Yes. Then the same phone text immediately thereafter, let's get this deal done.

[03:15:09] Speaker 03:

That's correct.

[03:15:10] Speaker 06:

And then there's a text from Anna Walsh, apparently, or the phone assigned to her immediately thereafter. Did she text you? You see that? Yes, I do. Then the phone assigned to Brian Walsh says yes. And then the next text is on page 10 at 63936, Anna Walsh texts, at least her phone does, I didn't see it. Yes, correct. And then a few seconds later, that phone texts, great. Yes. And then that same phone assigned to Anna Walsh at 640 texts, let me have Stephen confirm and I'll Venmo them. Yes, correct. And then there's a text that says, great, from the phone assigned to Brian Walsh. Then immediate text about an hour and a half later that says, hello. And that's at page 11 on exhibit 169 at 803-04. Correct, yes. So based on your investigation and based on your review of this data, that series of text and everything else. It appears to you, doesn't it, that they were involved in the sale of property or something. Is that fair to say?

[03:16:38] Witness:

It appears they were looking at...

[03:16:41] Speaker 14:

Inclusion. Oh, we're drawing.

[03:16:46] Speaker 12:

You can answer.

[03:16:47] Witness:

It appears they were looking at properties and possibly have sold the property or something based off those text messages.

[03:16:55] Speaker 06:

As one of the investigators in the case, did you have any assignment to go try to explore what this sale was? I did not. OK. Let me ask you something, trooper. You're assigned to the Norfolk County District Attorney's Office, correct? Yes. There's a number of other troopers that are assigned to that office specifically to investigate serious felonies, allegations of serious felonies, correct?

[03:17:21] Witness:

That is correct, sir.

[03:17:23] Speaker 06:

And is it fair to say, then, I think earlier in cross-examination testimony, you said that you collaborate, you talk to each other, you share information, correct? Yes. And so what are the reasons you share information amongst your fellow troopers that are assigned to the district attorney's offices so you can all learn more about the case and make a better understanding of what the data means and what the information you're getting might be, correct?

[03:17:51] Witness:

Yeah, we collaborate, share information about any investigation going on.

[03:17:54] Speaker 06:

Based on your collaboration with fellow troopers in connection with this case, are you aware of any one of your fellow troopers assigned to investigate this case that ever went out and tried to determine the nature of that sale of property that we just went through based on the information that's in these three different sources of information? I believe so. Okay. And do you know what the sale of property was? I don't know the details of it. Do you know where the property was that was sold? I believe the North Shore somewhere. Do you know how much it involved? I do not. Do you know whose name that property was in? I do not. Do you know where the proceeds went, the proceeds of the sale went? No, sir. Okay. I want to ask you refer to exhibit 169 on the screen. It'll be at page 11, a text time stamped at 8.03.04 PM. And there is a text coming from the phone assigned to Brian Walsh that says, hello. Yes. It's followed by a text that says from the phone assigned Anna Walsh, phone died. Correct. There's a text that immediately follows that indicates a screenshot of a phone. Yes. Is that correct? Yes. And then a text that immediately follows, literally, that's the word that's used. And that's coming from the phone assigned to Anna Walsh. Yes. And then a text that follows about two minutes later, coming from the phone assigned to Brian Walsh, where he simply says, hello. Yes, then an immediate text after that from the phone assigned to Brian Walsh. Do you need a new phone? Correct. And then there is that text. where it appears at 618.55 AM at page 14 on exhibit 169, where Brian Walsh, the phone assigned to Brian Walsh, is texting location data to 1001 Connecticut Avenue, Northwest of Verizon Store.

[03:20:26] Witness:

Yes, it appears to be an address to a Verizon store.

[03:20:28] Speaker 06:

OK, and that's what we talked about a little bit before, right? Yes. But now we have it in context, don't we? We realize that there's text going back between these phones of Anna Walsh's phone not working right, and then the phone is signed by Walsh, finds the location of the store, and sends it to you. Yes. And if you just keep going down those texts, The next text, the phone assigned to Anna Walsh, she says, thank you, right? Yes. Okay, now we're changed to the next date, 12-28-22. We're looking at exhibit 169, and there's a series of texts that began at 7, 10, 59 a.m. on page 14, and the phone assigned to Anna Walsh says, we'll work from home today, correct? Correct. And then there's a text that follows three minutes later from the phone assigned to Brian Walsh says, feel better. Correct. And I mean, from reading those texts, it would suggest that Anna Walsh wasn't feeling well and she was working at home, correct?

[03:21:41] Speaker 02:

Yes.

[03:21:43] Speaker 06:

And then there's a text immediately thereafter from the phone assigned to Brian Walsh saying, let me get the boys ready. Correct? Yes. As we scroll through these texts, the text at page 16, timestamp 7 15 15 AM, there's a text comes from the phone assigned to Brian Walsh says, love you. Correct? Could you scroll down a little further, please? Page 16, time stamp 715, 15 a.m. Yes, correct. And then immediately thereafter, there is a text, page 16, immediately following that text, coming from the phone assigned to Anna Walsh, and she says, love, or the phone says, love you too. Correct. The phone assigned to Brian Walsh says, I will get you a plunger. Correct? Yes. Next text from the phone assigned to Brian Walsh and a Porsche. Yes. The phone assigned Anna Walsh says, haha. Correct. Then Anna Walsh phone says, thank you. Yes. The phone assigned to Brian Walsh says, they both start with P. Correct. Do you think that phone is referring to the Porsche and the plunger?

[03:23:09] Speaker 03:

Yes, sir.

[03:23:11] Speaker 06:

And then Anna Walsh, the phone anyway, responds, I'll take care of the plunger. You just get the Porsche, correct?

[03:23:18] Speaker 02:

Yes.

[03:23:18] Speaker 06:

Okay. And then there's a couple of texts back and forth saying, ha ha, ha ha. Right?

[03:23:26] Speaker 02:

Yes.

[03:23:27] Speaker 06:

Immediately thereafter, at about an hour and a half later, Same exhibit, 169, page 20. At 9.26, 13 a.m., from the phone assigned to Brian Walsh, there's a screenshot of a Porsche, correct?

[03:23:42] Witness:

Yeah, it appears to be a vehicle. I don't know if it's a Porsche or not, sir.

[03:23:45] Speaker 06:

Okay. And then there's a second text and another screenshot. And can you tell if it's of a Porsche?

[03:23:54] Witness:

Don't believe so, based off the picture.

[03:23:55] Speaker 06:

Okay. Then at 9.30, On 1228, page 21, still the text, the phone assigned to Brian Walsh says hello. Correct. And about three hours later, the phone assigned to Anna Walsh texts back, fix the phone. Correct. She then continues, her phone does, SIM card died. Correct?

[03:24:24] Speaker 03:

Yes, sir.

[03:24:27] Speaker 06:

Now, I'm gonna jump down to the next text at exhibit 169, page 22, timestamp 32223, and it contains three more images of property, correct?

[03:24:48] Witness:

Could you scroll down, please?

[03:24:49] Speaker 06:

Thank you. Yes, sir. And then there's a text of three movies being sent from the phone assigned to Anna Walsh. It's three movies, and if you can read the related data to those movies, does it indicate to you, based on your experience as a forensic digital specialist, that those movies have to do with the property postings?

[03:25:26] Witness:

Yes, could you scroll up a little, please? Just OK. Yeah.

[03:25:29] Speaker 06:

So they are attachments to a text. Yes. OK. And then right at the same time, there is a reference made to three family brownstone from the phone assigned to Anna Walsh. Correct?

[03:25:41] Speaker 02:

Yes, correct.

[03:25:43] Speaker 06:

Then what happens is on the call log. Exhibit one, six, eight. page 6, record 66, there's a phone call between the phones assigned to Anna Walsh and Brian Walsh.

[03:26:10] Witness:

Record 66, sir?

[03:26:12] Speaker 06:

Yes. Yes. And then when we go back to exhibit 69, right in the same time frame, now there's text being exchanged between the phones assigned to Anna Walsh and Brian Walsh, including a text, looks good, then one minute and they continue to, the phones continue to text. And then there's another phone call that we can find at exhibit 168, page six, record 64. And it's a phone call between the phones assigned to them. So those phones are communicating together. I mean, we don't know what they're saying, right? And then if you go back to the text, we're still on the same day, 1228. Now there's texts about, from the phone assigned to Brian Walsh, then the numbers work. It's a timestamp 35019. Yes. Now there's a couple of phone calls that immediately follow that text. Phone calls between the phones assigned to Anna Walsh That's from exhibit 168, first at page six, record 62. Yes, sir. And then page five, record 60. Yes. Then what happens, same day, 1228, on the call log, exhibit 168, At page 5, record 56, there is a 21-minute, 47-second phone call between the two phones assigned to Anna Walsh and Brian Walsh.

[03:28:08] Witness:

Yes, incoming call from 7966 assigned to Anna Walsh.

[03:28:14] Speaker 06:

And then about 30 minutes later, another phone call, this time originating from the phone assigned to Brian Walsh, that's for 15 minutes and 11 seconds.

[03:28:24] Speaker 02:

Yes.

[03:28:36] Speaker 06:

If you continue to scroll through the text messages that are contained in Exhibit 169, and I want to refer to page 30 and the text message time stamped 11.18 a.m., 11.18.10 a.m., Do you see the text coming from the phone assigned to Anna Walsh that said it's incoming soon at $199K? I do. And the next text is, had two bathrooms good shape?

[03:29:16] Speaker 02:

Yes.

[03:29:20] Speaker 06:

Next text from the phone assigned to Anna Walsh, offer $195K? Yes. Response from the phone assigned to Brian Walsh? Probably. Do you see that? Yes, sir. Then immediately thereafter, a text that says, let's see what TJ says. Yes. And then there's a series of texts that immediately follow, OK. Then there's another Zillow posting. We're now at page 32 of exhibit 169. And then there's a specific reference from the phone assigned to Brian Walsh. They paid $80,000 in 2015. Correct?

[03:30:04] Speaker 02:

Yes.

[03:30:06] Speaker 06:

And there's a second text assessment at four. What's that text say at 1121 31 page 32?

[03:30:20] Witness:

Assessment at 120 K 120 K. Thank you. You're welcome.

[03:30:27] Speaker 06:

It sounds like. The communications going on between these two phones is talking about the possible purchase of a new property, right? Yes. And that Zillow reference in exhibit 169 at page 32 at 1119, 54, that Zillow reference is a property in D.C., isn't it?

[03:30:50] Speaker 03:

Yes.

[03:30:55] Speaker 06:

And then scrolling down to page 33, 1121 50. We see a text zesting, zesting at 175 K. Yes. And what does zesting mean? Do you have any idea? The estimate of the property. Okay. And then the next text is our unit is really 1820 square feet. Correct.

[03:31:22] Speaker 14:

May we approach?

[03:31:24] UNKNOWN:

Yes.

[03:31:46] Speaker 10:

you

[03:32:55] Speaker 06:

As we continue with this At 11-21-59, the phone assigned to Anna Walsh text and this one as well. Yes. The next text from the phone assigned to Anna Walsh, 13-20 above ground, 500 under. Correct. Do you have any idea what the reference or the context is for that text? 13-20 above ground, 500 under. The possible square footage of the property? Okay. And then the next text coming from the phone assigned to Brian Walsh. Let's see how much work it needs. You see that? Yes. Then there's a text. Are they renting it out? Yes. Then the next text makes sense to take it down hard. Correct? I see that. Yes. Does it sound like to you, based on your investigation in this case, that there's a discussion going on about possibly buying a new property in or around the D.C. area? Yes. I want to go forward now to exhibit 161. I'm going to focus you to page 54, record 804, occurring at 9.13.47 p.m. And there's a reference once again to the Mazza building in Washington. Oh, I'm sorry.

[03:35:16] Witness:

804, sir.

[03:35:23] Speaker 06:

Yes, Record 804 at page 54. Yes. And Exhibit 161.

[03:35:28] Witness:

Correct, yes.

[03:35:35] Speaker 06:

Then returning now to the text of Exhibit 169 on 1230, page 40, a text occurring at 6.01.24 a.m. from the phone assigned to Brian Walsh. Flight on time? Question mark. Yes. From the phone assigned to Anna Walsh, hi. Yes. Phone assigned to Anna Walsh, next text, so far. Correct. Next text, yes, from Anna Walsh's phone. Correct. Next text from Anna Walsh's phone, boarding now. Yes. Next text from the phone assigned to Brian Walsh, great. Correct. Next text from Anna Walsh signed, ha. Correct. Then the next text immediately following that from the phone assigned to Brian Walsh, did you get test? And then the next immediate text that follows is the word rest.

[03:36:40] Speaker 03:

Yes, correct.

[03:36:41] Speaker 06:

Does it appear to you that the texture intended to say, did you get rest and change text to rest?

[03:36:49] Speaker 11:

Objection and conclusion. Okay.

[03:36:54] Speaker 06:

Then the next text is awake early, I see, and that comes from the phone assigned to Anna Walsh. Correct. And at page 43 in exhibit 169, the phone assigned to Anna Walsh simply says, a little. And then that phone says, it was a big Thursday night. Do you see those texts?

[03:37:20] Witness:

I do, sir.

[03:37:21] Speaker 06:

And those are at 6.02 a.m. on December 30th? Correct. As you scroll down to the text dated 12.30.22 at page 46, a text at 12.07 p.m., there's a text coming from the phone of Anna Walsh, and it includes two photographs, correct? And I believe the photographs are blurred, but based on your review, do these photographs include pictures of a female and a young child?

[03:38:05] Witness:

They did.

[03:38:09] Speaker 06:

And the response from the phone assigned to Brian Walsh says, looking good. That's correct. Then immediately thereafter, I should say not immediately, but three minutes later, A text coming from the phone assigned to Anna Walsh, and it includes another photo of, if you know, a female and a young child. Correct. And then a text from the phone assigned to Anna Walsh, hanging out hard. Correct. If we move down to the text at 49, page 49, timestamped 126, 49 PM, There is a text coming from the phone assigned to Anna Walsh, and it appears to be a movie. Do you see that? It's time stamped 126.49 PM. Hold on one second, sir. Sure. Yes, there appears to be a movie attachment. OK, a movie attachment. I'm sorry. Correct. It should have been more clear. And then we see, In the call log, exhibit 168, at page two, record number 20, record number 18, record number 16, they're all on page two, we see a series of phone calls between the phones assigned to Brian Walsh and Anna Walsh. Do you see that? It's at all on page two, records 20, 18, and 16. Yes, I see those, sir. And then back to exhibit 169, at the relevant time period about an hour later, at page 50, there is a text coming from the phone assigned to Bron Walsh that contains seven photographs, correct? Yes. And if you recall, and I understand that the photographs are blotted out, but if you recall, they're photographs of a woman and a boy.

[03:40:20] Speaker 02:

Yes, sir.

[03:40:24] Speaker 06:

So what we have here, and what you've just described to the jury, is when we put all the data together from primarily three sources, the call log, the text messages, and the data from the work you did in extracting the data from the iPhone mini, we see that all of those that when looked at, they helped frame a picture of communications about buying property and selling property, shopping for a Porsche, creating pictures between each other. All of the time period encompassing December 25th leading up to December 31st of 2022. Is that right?

[03:41:31] Witness:

This shows communication between Brian and Anna Walsh from December 25th through December 30th. We only went to the 30th, sir.

[03:41:40] Speaker 04:

And to be fair, it shows communication between phones.

[03:41:44] Witness:

Yes. Text message, phone calls, communication between those two devices during that time period.

[03:41:58] Speaker 06:

Trooper Keith.

[03:42:01] Speaker 04:

You would agree with me, wouldn't you, that there's no such thing called iMessenger.

[03:42:15] Witness:

What do you mean?

[03:42:19] Speaker 06:

You're familiar with Facebook, correct?

[03:42:21] Witness:

Yes.

[03:42:22] Speaker 06:

And Facebook has a communication or texting act associated with it, and it's called Messenger, correct?

[03:42:29] Witness:

Facebook Messenger, correct?

[03:42:30] Speaker 06:

It's not called iMessenger.

[03:42:34] Witness:

Not that I'm aware of, sir.

[03:42:37] Speaker 06:

And then you're familiar with text messaging that originated with Apple, and it's referred to as iMessenger, right? Yes. And it's not referred to as iMessenger, is it?

[03:42:56] Witness:

Not that I'm aware of.

[03:42:59] Speaker 06:

And it is possible, isn't it, to receive Facebook Messenger postings on someone's phone from someone's Facebook account if that person, the holder of the Facebook account, permits that person to see their Facebook Messenger communication.

[03:43:29] Witness:

Depends where you got the data from, sir.

[03:43:33] Speaker 06:

OK. You did not find anything on the Apple iPhone 13 mini of any Facebook messenger postings between Anna Walsh and a person named William Faskel.

[03:43:58] Witness:

specifically Facebook Messenger between those two on the iPhone 13 mini? Not that I recall.

[03:44:07] Speaker 06:

You did see, didn't you, a Facebook communication on that iPhone mini between Anna Walsh and a man named Michael Redman on December 25th of 2022, didn't you?

[03:44:27] Witness:

I would have to see the documents here.

[03:45:05] Speaker 10:

.

[03:45:29] UNKNOWN:

. you

[03:47:05] Speaker 10:

Thank you.

[03:47:38] Speaker 12:

So may I approach you?

[03:48:06] Speaker 06:

I'm just going to ask you, Trooper, have you seen that in your examination of the iPhone mini?

[03:48:19] Speaker 04:

If you haven't, that's fine.

[03:48:21] Witness:

I can't tell what device this was extracted from, sir.

[03:48:25] Speaker 06:

So it is fair to say, though, that when you examined the iPhone mini, you never saw any communications involving Anna Walsh and William Fastow, correct? On the iPhone mini.

[03:48:47] Witness:

Any communication whatsoever? Under?

[03:48:48] Speaker 06:

Between the two of them.

[03:48:50] Witness:

Specific application? This was the iPhone 13 mini? Yes. Can you clarify? I'm not sure what you're asking.

[03:49:00] Speaker 06:

on the iPhone thing that we've been talking about today. And I thought you'd just answer it. You did not see any communications between Anna Walsh and William Fastow first, let's say, with Facebook Messenger.

[03:49:19] Witness:

Not that I recall.

[03:49:20] Speaker 06:

And of course, one of them, before I ask that question, so you don't

[03:49:31] Witness:

Is this what you just handed me? I can't authenticate where this came from. I don't know what device it came from. I can't speak to that.

[03:49:41] Speaker 11:

We'll mark it for identification. Are we at K? No. Oh, geez. All right. Thank you.

[03:49:53] Speaker 06:

What is it? Now, look, you said that my question is that I don't recall if you saw communications on the iPhone mini between Anna Walsh and William Fastow using Facebook Messenger.

[03:50:23] Witness:

Correct.

[03:50:24] Speaker 06:

You don't recall?

[03:50:25] Witness:

I don't.

[03:50:26] Speaker 06:

Of course, in the nature of this case and the fact that you are assigned to the Norfolk County DA's office and It would be pretty important if, in fact, you found messaging that was between Anna Walsh and William Fastow on the phone assigned to Brian Walsh.

[03:50:48] Speaker 05:

That would be pretty important stuff, wouldn't it?

[03:50:50] Speaker 06:

Yes. And as you sit here today, and I ask you a very simple question, did you see any Facebook Messenger messages between Anna Walsh William Fest, though, you said, I don't recall. But that'd be, right? That's what you said?

[03:51:10] Speaker 02:

Yes.

[03:51:12] Speaker 06:

You would agree that's pretty important. That would be pretty important evidence if you found that on that phone, wouldn't it? Yes. And you would agree that with regards to Apple, it gets messy. You didn't find any iMessages appearing on the phone assigned to Brian Walsh. iMessages between Anna Walsh and William Haslund, correct?

[03:51:49] Speaker 03:

No.

[03:52:00] Speaker 06:

And of course, in the context of this, that will be pretty important evidence if you found any communications, whatever form, on the phone assigned to Brian Walsh, communications between Anna Walsh and William Tasker, wouldn't it?

[03:52:23] Speaker 02:

Yes.

[03:52:29] Speaker 06:

And the other thing, you did not find Is any evidence of deleted messages using Facebook Messenger on the iPhone, the mini?

[03:52:51] Witness:

I would have to take a look, sir. I don't recall specifically.

[03:52:56] Speaker 06:

OK. But once again, that software you use, whether it be Celebrite or Magnet Gray Axiom, It's able to detect deleted materials. In fact, that's one of the forensic tools, one of the forensic reasons it's used to see if there's deletions of data that might be important to a case, correct?

[03:53:17] Witness:

Well, it all depends. The software that that company has published at the time, the software the device is running. So never do they get all the data extracted from a device. So the deleted data may never be parsed out and read.

[03:53:33] UNKNOWN:

OK.

[03:53:34] Witness:

There's a lot of factors that go into that.

[03:53:36] Speaker 06:

But if you wanted to find messages, whether they be Facebook Messenger or Apple iMessages between Anna Walsh and William Vasto, and you thought it was, as you told us, it would be very important evidence to find, you would do everything you could as a forensic digital specialist to try to find them, wouldn't you?

[03:54:09] Witness:

Well, her device was never recovered, sir.

[03:54:10] Speaker 06:

I'm sorry?

[03:54:11] Witness:

Her device was never recovered.

[03:54:12] Speaker 06:

I'm talking about the phone assigned to Brian Walsh.

[03:54:16] Witness:

You just said messages on her device between...

[03:54:19] Speaker 06:

If I did, I apologize, and I might very well. Thank you for correcting me. Messages between Anna Walsh and William Fastone. appearing on the phone assigned to Brian Walsh, that would be pretty important, correct?

[03:54:38] Speaker 03:

Yes.

[03:54:38] Speaker 06:

And you would do everything you could as a digital forensic specialist to try to find that, wouldn't you? Yes.

[03:55:01] Speaker 11:

You're done?

[03:55:04] Speaker 05:

Just a minute.

[03:55:14] Speaker 11:

I think I'm finally done. Thank you, sir.

[03:55:16] Witness:

Thank you, sir.

[03:55:17] Speaker 11:

Redirect.

[03:55:18] Witness:

No, Your Honor.

[03:55:20] Speaker 11:

The witness may step down.

[03:55:21] Witness:

Thank you, Your Honor. Do you want to leave this stuff here?

[03:55:24] Speaker 11:

Yes, the lawyers will take care of that, but thank you. Thank you, Your Honor. Commonwealth may call its next witness.

[03:55:39] Speaker 14:

Commonwealth would call Heather Sullivan.

[03:56:04] Speaker 00:

Thank you your honor.

[03:56:09] Speaker 14:

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

[03:56:29] Speaker 01:

Yes, sir. Retired Trooper Heather Sullivan, S-U-L-L-I-V-A-N. And you say retired.

[03:56:35] Speaker 14:

When do you retire?

[03:56:36] Speaker 01:

In July.

[03:56:37] Speaker 14:

And how long were you a state police trooper?

[03:56:40] Speaker 01:

Twenty years.

[03:56:41] Speaker 14:

And what, can you just tell us your kind of your path through the state police, where your assignments?

[03:56:47] Speaker 01:

Sure. I was on the road for the first seven years of my career. For the last 13 years, I've been in crime scene, seven of which I worked at the crime scene office that's attached to the medical examiner's office. In the last six years, I worked in the crime scene services in Danvers.

[03:57:05] Speaker 14:

And what were your responsibilities at the crime scene services in Danvers?

[03:57:09] Speaker 01:

It was my responsibility to go to any homicide, suicide, unattended death, any crime scene where I would need to collect evidence, process it for fingerprints or document any items of interest.

[03:57:22] Speaker 14:

And what type of training did you need to obtain in order to get into that unit?

[03:57:26] Speaker 01:

We had on-the-job training, but it was years and years of training. Every year we have some sort of class proficiency tests in crime scene, videography, documentation, evidence collection, tire track, footwear, and fingerprints.

[03:57:44] Speaker 14:

You say proficiency tests in those areas. Did you pass your proficiency tests?

[03:57:47] Speaker 01:

Yes, sir.

[03:57:48] Speaker 14:

And are you familiar with competency tests?

[03:57:50] Speaker 01:

Yes.

[03:57:50] Speaker 14:

Did you pass your competency tests? Yes, sir. I'd like to ask some questions about January 9th of 2023. Did you have the opportunity to be involved in an investigation that initially started in Swamscot that afternoon?

[03:58:05] Speaker 01:

Yes, sir.

[03:58:06] Speaker 14:

Where did you respond to in Swamscot that afternoon?

[03:58:08] Speaker 01:

330 Paradise Lane, it was a department complex, and I was called there by Norfolk County Detective Unit.

[03:58:17] Speaker 14:

And about what time do you think you got there?

[03:58:20] Speaker 01:

About 1,400 hours.

[03:58:22] Speaker 14:

And Ms. Gilman, can we have what was marked as Exhibit 90? It's a photograph. And forgive me, I don't have the file number in front of me. Do you see this photograph?

[03:58:38] Speaker 01:

Yes, sir.

[03:58:39] Speaker 14:

Do you recognize it?

[03:58:40] Speaker 01:

Yes, it's one of the two trash receptacles I was responsible for documenting.

[03:58:47] Speaker 14:

On exhibit 90, it says HAS. Are those your initials? Yes, sir. And could we have exhibit 91? Do you recognize this image?

[03:58:59] Speaker 01:

Yes.

[03:59:00] Speaker 14:

What is this?

[03:59:01] Speaker 01:

It's a trash compactor at the same location that I also documented.

[03:59:05] Speaker 14:

Now, what was done with those two, the trash compactor and the dumpster?

[03:59:10] Speaker 01:

I, like I said, documented with photographs all the way around and then we were going to search it at a different location.

[03:59:18] Speaker 14:

And did you go to that different location?

[03:59:20] Speaker 01:

Yes.

[03:59:21] Speaker 14:

Where was that?

[03:59:22] Speaker 01:

304th Street in Peabody. It was Greenworks Republic's transfer station.

[03:59:29] Speaker 14:

Ms. Gilman, can we have exhibit 107, which was, I believe, file number 6556? Thank you. Now, does this look like where you went to in Peabody? Yes. Okay. So, once you got to Peabody, what was done with the dumpster and the compactor?

[03:59:48] Speaker 01:

I'm sorry, I didn't hear you.

[03:59:49] Speaker 14:

Oh no, my bad. What was done with the contents of the dumpster and the compactor once you got to Peabody?

[03:59:57] Speaker 01:

They were separately transported to this location, 304th Street, and they marked off an area. I documented it before they dumped the trash, and then individually, they started with one of the trash receptacles, dumped that, and spread it out so we could go through it and search it.

[04:00:16] Speaker 14:

And who did that process? Who dumped it out and searched it?

[04:00:21] Speaker 01:

So the company who transported the receptacles, they're the ones who dumped it. But they put it in a location where we could go through it methodically. The CERT team, which is a special emergency response team, there's about 10 of those individuals who were there to go through the individual trash bags.

[04:00:41] Speaker 14:

And what were the conditions like while everyone was doing this?

[04:00:47] Speaker 01:

As far as... Weather? Oh, it was January, so it was very cold. It was an outdoor location. It looks like it's indoor, but it's half indoor, half outdoor.

[04:00:57] Speaker 14:

And so when the CERT team would get to a bag, would they open several bags at once, or how would they do it?

[04:01:02] Speaker 01:

So they did it methodically. So they each, they kind of tacked it together. They went through each individual bag, looked to see, we actually had a meeting about what we were looking for. So they knew what to look for. If they found anything that they possibly thought was of interest, they would flag me down. I would photograph it. And then if it was something that the detectives wanted to collect, we would collect it and spread it out so we can document it further.

[04:01:29] Speaker 14:

So could I, at this point in time, Ms. Gilman, could we have exhibit 125? So do you recognize this image?

[04:01:44] Speaker 01:

Yes, sir.

[04:01:45] Speaker 14:

Is this one of the bags, contents of the bags that you had to spread out and do further documentation of?

[04:01:50] Speaker 01:

That was some of the contents in one of the bags, yes.

[04:01:52] Speaker 14:

And what's the question? What is the significance of the yellow placard?

[04:02:02] Speaker 01:

That tells me, so as I was spreading things out, each bag got a placard and then we would know which items came from which bag.

[04:02:12] Speaker 14:

Now, when items were packaged up and brought back to the lab, did they all go to the same person or did different people enter them into the LIMS system?

[04:02:23] Speaker 01:

So I entered any evidence that we collected for crime scene services, which would be specifically for fingerprinting, I would collect that evidence. And then the detective unit collected anything we weren't actually processing for fingerprints or DNA. And then another person from the forensic scientist unit also in the crime lab, they collected anything that they would be testing for DNA specifically and only that.

[04:02:50] Speaker 14:

Okay, and so these items here, were they tested for fingerprints?

[04:02:55] Speaker 01:

They were collected by my lab and sent to the Boston lab because it was basically their area that the incident occurred. So they took that evidence and they fingerprinted it.

[04:03:09] Speaker 14:

But you were able to enter these into the LIMS system, correct?

[04:03:13] Speaker 01:

I entered anything that I collected, documented it, collected it, tagged it, and put it in the LIMS system.

[04:03:21] Speaker 13:

I may have a moment, Your Honor.

[04:03:23] Speaker 01:

Yes.

[04:03:41] Speaker 14:

Do you happen to have gloves with you?

[04:03:43] Speaker 01:

I do.

[04:03:44] Speaker 14:

Okay. Your Honor, may I approach the witness? Sorry. Do you recognize this object?

[04:04:12] Speaker 01:

Yes.

[04:04:13] Speaker 14:

What is it?

[04:04:14] Speaker 01:

It's one of the bags of evidence that I had collected because I can see my handwriting on it.

[04:04:18] Speaker 14:

And what does it say on the exterior of the bag?

[04:04:22] Speaker 01:

10 snips by placard 8 and I itemized it 7-9. The limbs number is 23-00596 with my initials and the date that I collected it.

[04:04:33] Speaker 14:

Could you put some gloves on and open that bag and make sure that the snips are inside?

[04:04:48] Speaker 01:

Do you mind if I stand? No, go right ahead.

[04:05:00] Speaker 14:

The snips you found at the scene that night? Yes. You can place them back in the bag. Your Honor, the Commonwealth will seek to have this marked. The Commonwealth will seek to have the 10 snips with the bag marked as the next exhibit.

[04:05:15] Speaker 11:

All right, no objection. The snips in the bag are now in evidence as Exhibit 171. Is that correct?

[04:05:52] Speaker 14:

May I approach her on?

[04:05:53] Speaker 12:

You may.

[04:05:58] Speaker 14:

Ma'am, do you recognize that bag? I do. What is that?

[04:06:01] Speaker 01:

It's a brown paper bag, item 7-10, which I itemized in limbs, and it's a hacksaw, and it was by placard 8 as well.

[04:06:12] Speaker 14:

Could you open that bag and make sure the hacksaw is inside? I have the hacksaw and the bag marked as the next exhibit, Your Honor.

[04:06:38] Speaker 11:

No objection. It's marked and admitted into evidence as exhibit 172, the hacksaw.

[04:07:01] Speaker 04:

May I approach, Your Honor?

[04:07:02] Speaker 01:

Yes.

[04:07:03] Speaker 14:

Thank you, Your Honor. Do you recognize that bag? Yes, sir. What is that?

[04:07:09] Speaker 01:

This is a brown paper bag with a hammer, item 7-11.

[04:07:13] Speaker 14:

And if you could keep your voice up? Yes, I apologize. No, that's okay. I have you getting up and doing all that stuff, so that's my fault. Could you open the bag and make sure the hammer's inside?

[04:07:27] Speaker 00:

Let me help.

[04:07:28] UNKNOWN:

Thank you, sir.

[04:07:46] Speaker 13:

And that's the hammer you saw that night. The come off and see if you have the hammer in the bag.

[04:07:55] Speaker 11:

Mark. It's in evidence now is 173.

[04:08:35] Speaker 14:

It's a bag with a packing tape, item 7-12. It is now the packing tape is

[04:09:45] Speaker 13:

It's going could you take that down?

[04:09:51] Speaker 01:

Thank you You may And you see that back yes, you recognize it yes, it's a brown paper bag with a hatchet in it item 7-13

[04:10:24] Speaker 14:

you saw that you retrieved from the trash station and puberty that night? Yes.

[04:10:32] Speaker 11:

Any objection? No objection. The hatchet is in evidence as exhibit 175.

[04:11:16] Speaker 13:

Yes.

[04:11:16] Speaker 14:

Do you recognize that bag?

[04:11:24] Speaker 01:

I do.

[04:11:26] Speaker 14:

And what is that?

[04:11:26] Speaker 01:

It's a bag. I actually don't know what's in this. Craftsman Shears. Craftsman Shears? Yes.

[04:11:35] Speaker 14:

Could you open it and confirm the Craftsman Shears are inside?

[04:11:37] UNKNOWN:

Sure.

[04:11:46] Speaker 14:

Thank you. Are those the craftsman shears you saw that night in Peabody?

[04:11:49] Speaker 01:

They were.

[04:11:57] Speaker 14:

For the record now, if the shears are back in the bag, Your Honor, the Commonwealth would seek to have the bag with the shears marked in the next exhibit. Objection.

[04:12:04] Speaker 11:

What's the LEMS number on that? Is it 714? 714. All right. The shears 714 are in evidence as 176.

[04:12:29] Speaker 14:

May I approach one more time, Your Honor?

[04:12:30] Speaker 12:

You may.

[04:12:35] Speaker 14:

Do you recognize that bag?

[04:12:37] Speaker 01:

I do. What is that? It's a brown paper bag with a measuring cup in it, item 7-15.

[04:12:42] Speaker 14:

And could you open that bag and open it up? Is that the measuring cup you saw that day in Peabody? Yes. Tell them to sit to have the bag with the cup now back inside the next exhibit.

[04:12:59] Speaker 11:

The measuring cup is now in evidence as 177.

[04:13:17] Speaker 14:

So I take it you took these items back to the lab and entered them into the LIMS system?

[04:13:22] Speaker 01:

I did, sir.

[04:13:23] Speaker 14:

And you didn't do any further work on these items once they were in the LIMS, once they were entered into the crime lab evidence system?

[04:13:31] Speaker 01:

Correct.

[04:13:33] Speaker 14:

Your Honor may have a moment?

[04:13:35] Speaker 01:

Yes.

[04:13:35] Speaker 13:

Thank you.

[04:13:46] Speaker 14:

On the measuring cup, there was some dark powder. Do you remember seeing that?

[04:13:53] Speaker 01:

That wasn't like that when I packaged it in the beginning.

[04:13:59] Speaker 14:

In your training experience of working the crime lab, do you recognize that type of substance?

[04:14:03] Speaker 01:

Seems to be a black fingerprint powder.

[04:14:06] Speaker 14:

And one of the reasons you took it to the crime lab was to be fingerprinted? Correct. Nothing further, Your Honor.

[04:14:14] Speaker 11:

Cross exam.

[04:14:20] Speaker 05:

I have no questions.

[04:14:21] Speaker 11:

All right. The witness may step down. Thank you very much. Thank you.

[04:15:01] Speaker 00:

Thank you, sir.

[04:15:16] Speaker 11:

You may proceed.

[04:15:17] Speaker 14:

Thank you, Your Honor. Sir, could you state your name and spell your last name for the record?

[04:15:21] Speaker 09:

Sure. Richard Atkinson. A-T-K-I-N-S-O-N. And where do you work, sir? I work at the Office of the Chief Medical Examiner in Boston.

[04:15:33] Speaker 14:

What is the Office of the Chief Medical Examiner?

[04:15:37] Speaker 09:

It's where the medical examiners in Massachusetts work.

[04:15:42] Speaker 14:

And what does a medical examiner do?

[04:15:45] Speaker 09:

A medical examiner is a doctor who's in charge of examining the bodies of people who are deceased to determine their cause and manner of death.

[04:15:56] Speaker 14:

And how long have you been with the Office of the Chief Medical Examiner?

[04:15:59] Speaker 09:

I've been there 11 and a half years.

[04:16:01] Speaker 14:

And could you tell us your educational background?

[04:16:05] Speaker 09:

Sure. I have a four-year bachelor degree from Stony Brook University in New York. I then did a four-year MD at Columbia University College of Physicians and Surgeons. I then did a three-year anatomic pathology residency at New York Presbyterian Hospital and Stony Brook Hospital. And then I did a one-year fellowship in forensic pathology at the office where I currently work.

[04:16:37] Speaker 14:

And so I take it that worked into you starting your career at the OCMA?

[04:16:42] Speaker 09:

Yes.

[04:16:42] Speaker 14:

Now, do you know what it means to be board certified?

[04:16:47] Speaker 09:

Yes.

[04:16:47] Speaker 14:

What does it mean to be board certified?

[04:16:49] Speaker 09:

To be board certified in a specialty in medicine, you usually have to finish the residency in that specialty and complete a certain number of cases or see a certain number of patients and then take a test.

[04:17:09] Speaker 14:

And are you certified in any areas of medicine?

[04:17:11] Speaker 09:

Yes.

[04:17:12] Speaker 14:

Which ones?

[04:17:13] Speaker 09:

I'm certified in anatomic pathology and forensic pathology.

[04:17:17] Speaker 14:

And can you tell us what is forensic pathology?

[04:17:20] Speaker 09:

Sure. Forensic pathology is the branch of medicine that's involved in determining the cause and manner of cause of death and manner of death of people who die of not obviously natural causes.

[04:17:36] Speaker 14:

And what is anatomic pathology?

[04:17:39] Speaker 09:

Anatomic pathology is a bigger umbrella term that refers to diagnosing disease by looking at tissue or blood samples, that kind of thing.

[04:17:58] Speaker 14:

Now, can you tell us, sir, what happens to a human body within the first hour of death?

[04:18:08] Speaker 09:

Several things can happen. Usually there is rigor mortis within a couple of hours. It can, however, almost immediately occur after a person's death. That's just when the muscles tighten up in the position that the person died in. There's also something called Levitity or liver mortis, that's when all the blood in the body, once the heart stops beating, settles down to the lowest point. So if you're lying on your back, it will settle to your back and give you a pink discoloration of your back and also a white discoloration of your front.

[04:19:00] Speaker 14:

Now, sir, what is an autopsy?

[04:19:04] Speaker 09:

An autopsy is just an examination of the body of someone who has died, including looking at the external surface of the body and also cutting into the body and examining the organs.

[04:19:19] Speaker 14:

How many autopsies have you performed?

[04:19:21] Speaker 09:

I've performed just over 1,500 full autopsies, about 2,700 additional examinations that weren't full autopsies and I've supervised 300 additional full autopsies.

[04:19:41] Speaker 14:

How long does an autopsy take?

[04:19:44] Speaker 09:

It depends. An autopsy can take less than an hour if it's simple. It can take all day if it's a difficult case.

[04:19:53] Speaker 14:

And how, you said the external and internal, how do you begin the external examination of a body during an autopsy?

[04:20:01] Speaker 09:

We examine the clothing in some cases. Then we examine the external surface of the body by taking photographs, by drawing our findings on a body diagram, and just looking for signs of injuries or disease that might have led to the person's death.

[04:20:23] Speaker 14:

And what consists of the internal portion of an autopsy?

[04:20:27] Speaker 09:

The internal portion is removing the organs, also looking for signs of disease or injury, and sometimes removing items like bullets that may have killed someone.

[04:20:43] Speaker 14:

And when doing an autopsy, I neglected to ask this, but I imagine there is a facility at OCME that you do this in.

[04:20:50] Speaker 08:

Yes.

[04:20:51] Speaker 14:

And can you just tell us, like, what do you have as far as tables to work on for patients?

[04:20:57] Speaker 09:

The table that the decedent lies on. Yes. It's a metal table with raised edges.

[04:21:05] Speaker 14:

And what do you wear when you perform an autopsy?

[04:21:09] Speaker 09:

I wear a lot of protective equipment, a full Tyvek suit, extra sleeves and an apron over that, a mask and face shield and three pairs of gloves.

[04:21:26] Speaker 14:

And when you're performing, when you do an autopsy, what attempts do you make to get access to a decedent's medical records?

[04:21:35] Speaker 09:

We make every attempt we can to access their medical records. In Massachusetts, the law is that we're entitled to them in Massachusetts.

[04:21:47] Speaker 14:

And when performing an autopsy, what samples do you take from the body during an autopsy for further analysis?

[04:21:54] Speaker 09:

We take fluids and sometimes tissue for toxicology testing. We also take it sometimes for DNA testing, for looking at under the microscope, various different things.

[04:22:10] Speaker 14:

And can you tell us what histology is?

[04:22:13] Speaker 09:

Yes.

[04:22:13] Speaker 14:

What is histology?

[04:22:14] Speaker 09:

Histology is the study of tissue by looking at it under the microscope.

[04:22:19] Speaker 14:

And how many times have you ever testified in a court before giving a medical opinion?

[04:22:26] Speaker 08:

Yes.

[04:22:27] Speaker 14:

Now, on January 10th, 2023, did you have the opportunity to seize items taken from a trash facility in Peabody?

[04:22:37] Speaker 09:

Yes.

[04:22:38] Speaker 14:

Where did you do that?

[04:22:40] Speaker 09:

At the Office of the Chief Medical Examiner in Boston.

[04:22:43] Speaker 14:

Why were you examining items at the OCMA?

[04:22:50] Speaker 09:

Normally, we're not involved in examining items, just bodies of people. In this case, the objective was to determine whether there was any human tissue on these items.

[04:23:09] Speaker 13:

I may have a moment, Your Honor.

[04:23:11] Speaker 12:

May.

[04:23:12] Speaker 13:

Thank you. Okay.

[04:23:40] Speaker 12:

You may.

[04:23:45] Speaker 14:

Doctor, you recognize this image?

[04:23:48] Speaker 09:

Yes.

[04:23:49] Speaker 14:

What is this an image of?

[04:23:52] Speaker 09:

This is an image of several pieces of blue and white carpet that I examined.

[04:24:04] Speaker 11:

No objection. So for the record, what's the JPEG number of 178 that's now in evidence.

[04:24:35] Speaker 14:

It's PC110181.

[04:24:38] Speaker 11:

All right. The photo of the rug with that JPEG number is now in evidence as 178.

[04:24:44] Speaker 13:

And Your Honor, may the commonwealth publish?

[04:24:48] Speaker 11:

You may.

[04:24:49] Speaker 14:

Thank you, Your Honor. We have a PC110181. Doctor, can you see that?

[04:25:01] Speaker 08:

Yes.

[04:25:02] Speaker 14:

So, Doctor, can you tell us what are we looking at here in this image?

[04:25:11] Speaker 09:

There were seven, though I think some of them are not in the image, seven pieces of rolled up blue and white carpet with some stains on them and the pieces of debris that you can see just above the ruler were also present on some of the pieces of carpet.

[04:25:37] Speaker 14:

And who places the ruler there?

[04:25:40] Speaker 09:

I do.

[04:25:46] Speaker 14:

Do you recognize this image, sir?

[04:25:54] Speaker 08:

Yes.

[04:25:55] Speaker 14:

Is that one of the pieces of carpet that you had the opportunity to examine?

[04:25:58] Speaker 08:

Yes.

[04:25:59] Speaker 14:

Your Honor, the commonwealth would seek to enter into evidence PC 110195, image of carpet.

[04:26:08] Speaker 11:

Any objection? No. That 110195 is now in evidence as 179, photo also of rug.

[04:26:23] Speaker 14:

May the commonwealth publish, Your Honor?

[04:26:24] Speaker 12:

You may.

[04:26:26] Speaker 14:

So doctor, is this one of the carpets that you had the opportunity to see that night or see that day when you were at OCMA?

[04:26:39] Speaker 08:

Yes.

[04:26:40] Speaker 14:

And that ruler, did you place that there as well?

[04:26:43] Speaker 08:

Yes.

[04:26:45] Speaker 14:

And doctor, do you have an idea what the aggregate measurement of the carpets were together?

[04:26:54] Speaker 09:

No, I don't think I recorded that.

[04:26:59] Speaker 14:

Yes. Is this another one of the pieces of carpet? Yes.

[04:27:25] Speaker 11:

The photo of the rug 110198 is now in evidence as exhibit 180. Is that a good place to stop for today?

[04:27:40] Speaker 14:

Yes, Your Honor.

[04:27:42] Speaker 11:

All right, I'll see counsel at the side of the bench.

[04:28:06] Speaker 10:

Thank you.

[04:28:54] UNKNOWN:

Thank you.

[04:29:26] Speaker 10:

Thank you.

[04:30:29] Speaker 11:

I always like to check in with the lawyers particularly. I check with them as you've seen at the end of every day, but particularly at the end of the week to take talk of sort of where we are right now in the case and to give you my best estimate. And it's only that. It's the best estimate. But the case has been moving in quite efficiently. I think when I empaneled you, I told you that we expected three and a half to four and a half weeks of evidence. I don't think it's going to go that long. My best estimate at this point is that the evidence in this case will be concluded within a total time frame of three weeks. So we just put one week in the bank, so to speak. I don't think the evidence will go any further than two additional weeks. So I just try to keep you as advised because, as I've said to you, I'm ever mindful of the sacrifice to your personal life that you've been made. That's my best estimate right now. And as we go through those next two weeks, I'll give you further updates. All right? So Jers, I hope you all, I appreciate the work you've done this week. I hope you all get some rest this weekend. And while you're getting that rest, you must not do the following things. Do not speak to anyone about this case. Do not go on any social media or any news media of any sort. Don't do any research of any kind about this case. Continue to have open minds as you listen to the evidence in this case. Again, I appreciate all you're doing. Have a really nice weekend.

[04:32:12] Speaker 07:

All rise for the court, please. Your disclosure notebooks, follow me.

[04:32:54] Speaker 11:

Thank you so much.

[04:33:55] UNKNOWN:

. .

[04:35:55] Speaker 10:

.

[04:36:08] UNKNOWN:

. Thank you.

[04:38:55] Speaker 11:

I didn't ask you over there, but I assume based on our last little bit, anything the Commonwealth needs to address with the court before I get off the bench. Same to the defense. Everyone have a nice weekend.

[04:40:03] UNKNOWN:

If she's doing fine, I can see it from her.