Karen Read Trial: Defense Gains Ground with Cross-Examination of State Trooper

The Karen Read murder trial witnessed a potentially significant shift in momentum on Friday as legal experts suggest the defense team secured a win during the cross-examination of Massachusetts State Police Sgt. Yuri Bukhenik. Bukhenik, a key investigator in the case, returned for his second day on the stand as prosecutors attempt to convince the jury that Read intentionally struck her boyfriend, Boston Police Officer John O’Keefe, with her car and left him to die in a blizzard in January 2022.

Defense attorney Alan Jackson’s strategy centered on a barrage of questions regarding text messages exchanged between Read and Brian Higgins, an ATF agent based in Canton. These messages revealed a flirtatious relationship between Read and Higgins, conducted behind O’Keefe’s back, and the defense sought to highlight their potential relevance to the case.

The move to have Bukhenik read these texts aloud in court proved strategically important. According to Grace Edwards, a Massachusetts defense attorney closely following the trial, this maneuver allowed the defense to introduce otherwise inadmissible hearsay statements. More importantly, it raised serious questions about the integrity and thoroughness of the initial investigation – a key aim of the defense’s strategy.

Edwards explained that the texts were not entered to prove the truth of their content but rather to demonstrate their existence and whether the investigation adequately considered them as potential leads. The defense hopes to establish a narrative suggesting that the romantic involvement between Read and Higgins created a potential conflict or motive that investigators failed to properly explore.

While Edwards acknowledged strong performances from both sides on Friday, she gave the edge to the defense. She credited special prosecutor Hank Brennan, who was brought in to handle Read’s retrial after the first trial ended in a hung jury, with implementing a new strategy. However, she believed that Jackson’s persistent questioning had worn down Bukhenik, resulting in "damaging testimony regarding the handling of evidence."

Another significant point of contention arose from a video clip showing Read backing out of O’Keefe’s garage on the morning he was found dead. The defense highlighted a portion of the video featuring a zoomed-in view of O’Keefe’s vehicle, suggesting that it appeared to move or "bounce" as Read’s SUV, the one with a broken taillight, neared it.

Linda Kenney Baden, a prominent East Coast defense attorney, noted that the prosecution’s frequent objections during Jackson’s cross-examination gave the impression that they were trying to conceal something. Baden also emphasized the damaging revelation that no pieces of Read’s broken taillight were recovered until after her vehicle was impounded at the police headquarters. She considered Bukhenik’s responses to Jackson as potentially harmful to the prosecution’s case, ultimately labeling the day a win for the defense.

The content of the text messages between Read and Higgins painted a picture of a complicated relationship. Read openly discussed her relationship struggles with O’Keefe, repeatedly referring to herself as "single" despite living with him. The messages revealed mutual attraction, flirtatious banter, and invitations to each other’s homes. In one exchange, Higgins directly asked Read, "Are you breaking up or staying together?" Read responded with uncertainty, citing O’Keefe’s alleged infidelity and her close relationship with his niece.

The defense has presented the theory that O’Keefe’s death may have resulted from a fight at the after-party he attended with Read and others, including Higgins, at the home of Brian Albert, a Boston police officer and friend of Higgins. The timeline also showed that Higgins was present at the Waterfall Bar and Grille with Read, O’Keefe, and others before they went to Albert’s home. The prosecution alleges that Read struck O’Keefe with her SUV and left him to die in the snow.

The article emphasized the importance of Higgins’ communications with both Read and O’Keefe around the time of O’Keefe’s death. Higgins sent unanswered texts to Read shortly before O’Keefe’s death and also texted O’Keefe himself early the following morning. The defense aims to raise doubts about the circumstances surrounding O’Keefe’s death and to suggest that other individuals may have been involved.

Concerns about the handling of evidence and investigative protocols have also been raised by legal experts. Joseph Giacalone, a former NYPD cold case investigator, stated that the Massachusetts State Police have a "major problem on their hands" due to missteps that should not have occurred. He highlighted the firing of former Trooper Michael Proctor, a lead investigator in the case, for sending unprofessional text messages regarding Read.

Furthermore, local police officers testified about using unconventional methods for collecting evidence, such as red Solo cups, a grocery bag, and a leaf blower. The involvement of local police, despite a potential conflict of interest due to a detective being Brian Albert’s brother, has also drawn scrutiny.

David Gelman, a former prosecutor, expressed surprise that the commonwealth even proceeded with a retrial after the first case fell apart. He suggested that the prosecution would need to "reevaluate things" after a week that "couldn’t have been worse."

However, the article also acknowledged that digital evidence has presented challenges to the defense’s claims. Two experts testified that Jennifer McCabe, Albert’s sister-in-law, conducted a key Google search about hypothermia shortly after Read and others found O’Keefe unresponsive in the snow, contradicting the defense’s claim that the search occurred earlier.

Paul Mauro, a former NYPD inspector, cautioned that reading the texts between Read and Higgins could be a "double-edged sword." While it could suggest a motive for Higgins to harm O’Keefe, it could also portray Read as manipulative and untruthful.