Karen Read investigator Yuri Bukhenik finishes testimony after three days on witness stand
Yuri Bukhenik, a key investigator in the Karen Read case, finished his testimony Monday after three tense days on the witness stand, including nearly two full days of cross-examination.
Read, 45, has pleaded not guilty to second-degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene of personal injury and death.
Prosecutors say that in January 2022 Read hit and killed Boston police officer John O'Keefe, who she was dating, with her SUV and left him to die in the snow outside Brian Albert's home at 34 Fairview Road in Canton. Read's attorneys argue she is being framed and O'Keefe was actually killed during a fight inside the home then dragged outside.
Yuri Bukhenik completes testimony
Bukhenik first took the stand on Thursday for direct questioning from special prosecutor Hank Brennan before defense attorney Alan Jackson took over that afternoon on cross-examination. Bukhenik stepped down around 4:15 p.m. on Monday and court ended for the day.
On redirect questioning Monday afternoon, Brennan asked Bukhenik about the phone belonging to Bureau of Alcohol, Tobacco, Firearms and Explosives agent Brian Higgins.
During Read's first trial, Higgins testified that he threw his phone away. The defense accused Higgins during that trial of using federal resources to download "highly selected" information from his phone to turn over to law enforcement.
On Friday, Jackson had Bukhenik read texts between Read and Higgins. Read talks about her up and down relationship with O'Keefe in the text messages. Higgins and Read shared a kiss a few weeks before O'Keefe died. During cross-examination, Jackson asked Bukhenik how he would characterize the texts.
"My opinion is that it's an angry girlfriend trying to set up a hookup to hurt John," Bukhenik said.
In his last question of redirect questioning on Monday, Brennan asked Bukhenik if in reviewing communications between Higgins and O'Keefe if he found any motive for Higgins to hurt or murder O'Keefe.
"No there was not," Bukhenik said.
Videos of Brian Higgins
Jackson earlier showed several surveillance videos from the Canton Police Department. Just before 1:30 a.m. on January 29, 2022, a man who appears to be Higgins can be seen arriving at the station and walking inside.
Higgins had a keycard to the Canton Police Department as part of his work.
The defense says Higgins is one of the men who could have killed O'Keefe inside Brian Albert's home.
At 1:34 a.m., Higgins can be seen leaving the police station and walking back out to his Jeep while apparently talking on his cellphone. Higgins appears to gather some items from a second vehicle in the parking lot before placing them in his Jeep and driving off around 1:45 a.m.
Canton Police Department video
Earlier, Jackson played video from 5:37 p.m. on January 29, 2022 after Read's SUV was towed from her parents' home in Dighton into the Canton Police Department garage.
During the first trial, the video was played and it was determined that it was inverted and not showing the garage correctly. As a result, Proctor is seen in the video near Read's right rear taillight, but it looks like he is at the left taillight because the video is reversed.
Jackson then played a corrected version that flips it to show the correct direction of what is happening inside the garage.
"Would you agree that in point of fact, a mirror image video is not a true and accurate image of what is depicted in a scene?" Jackson asked.
"I think it just is a mirror image of what's taking place … It's still documenting the activity of what's taking place," Bukhenik replied.
Jackson attempted to show that the video was taken at 5:35 p.m., before any taillight material was located at 34 Fairview Road. Defense attorneys have argued in the past that police planted pieces of taillight at the scene.
The defense attorney noted that it is only about 1.5 miles from the Canton Police Department to 34 Fairview Road, where O'Keefe's body was found.
Jackson then showed video from another camera inside the garage where about 43 minutes of footage is missing and the video is corrupt. Jackson concluded his cross-examination with that presentation.
Bukhenik said under redirect questioning from Brennan that a look into the video found there were similar issues prior to January 29, 2022 and it was not isolated to the day of O'Keefe's death. An audit of the Canton Police Department released in April found that the mirrored image in the video is a "malfunction" that exists in at least three other cameras in the town of Canton, and the issue is not isolated to only Canton Police cameras.
Brennan used a line of questions in an attempt to show jurors that it would not have been possible for police to plant taillight, because the first evidence was found while Bukhenik and Proctor were at the Canton Police Department with the vehicle.
Bukhenik said he never saw Proctor hand any police officers pieces of taillight or any other physical evidence.
Michael Proctor's text messages
Earlier Monday, Jackson has attempted to highlight for the jury Bukhenik's relationship with Michael Proctor, who was fired by Massachusetts State Police for his conduct while handling the case. Bukhenik forfeited five vacation days for failure to properly supervise Proctor.
That continued on Monday, when Jackson brought up the messages that led to the punishment. On Aug. 17, 2022, Proctor added Bukhenik to a group text chain with several other troopers.
"Funny, I am going through his r------d client's phone right now," Proctor's message said, referring to defense attorney David Yannetti and Read. "No nudes so far. I hate that man. I truly hate him."
On direct examination Thursday, Bukhenik said he was working a traffic detail and did not respond with words, but acknowledged the message with a thumbs up emoji.
"What would be a reasonable interpretation of what Michael Proctor was looking for when he wrote 'No nudes so far?' Motorcycles, handbags, a pair of shoes? Or naked pictures of Ms. Karen Read?" Jackson asked Monday.
"His mission was to go through the phone to look for digital evidence that's related to the crime. The fact that he wrote 'No nudes so far,' I cannot comment on," Bukhenik responded.
"You cannot comment on, or you don't want to comment on?" Jackson said.
"I don't know what he was looking for in that specific time," Bukhenik said.
Jackson asked Bukhenik if he thought the text message about looking for nudes was appropriate. "No I do not," Bukhenik responded. Jackson asked if it was professional. "No it is not," Bukhenik said. Jackson asked in two questions if Proctor showed integrity and honor.
"That text message does not show integrity," Bukhenik said. "That text message does not show honor."
Proctor's ties to Albert family
Judge Beverly Cannone allowed Bukhenik to be questioned during a voir dire hearing without the jury present. Jackson wanted Cannone to allow cross-examination of Bukhenik about the Proctor family's personal relationship with Chris and Julie Albert.
Chris Albert is the brother of Brian Albert, who owned the home where O'Keefe's body was found.
Jackson asked Bukhenik several questions about the relationship during the voir dire. Bukhenik said he had no personal knowledge of the information. As a result, Cannone said the testimony will not be allowed in front of the jury.
Will Proctor testify? Read has no comment
Sgt. Bukhenik played a much larger role in the retrial, but why?
"In this case, he's essentially serving the purpose of a surrogate for Michael Proctor. The Commonwealth, it appears, is unlikely to call Trooper Proctor at all. We don't know if the defense will," WBZ Legal Analyst Katherine Loftus said.
Outside court, WBZ-TV's Kristina Rex asked Read if her team will call Proctor to testify.
"Karen is not answering questions today," her attorney David Yannetti said.
Read's availability to the media has been a centerpiece of the Commonwealth's case against her.
"The Commonwealth has repeatedly used statements from her, and theoretically could use anything she says outside of court, so probably, probably good advice to just stay quiet," Loftus said.
New Karen Read motions
Several new motions were filed in the case, leading to discussions before jurors were brought in.
Prosecutors want evidence of an incident in Aruba to be part of the trial by questioning new witnesses not previously planned. Brennan says the defense opened the door to this when they had Bukhenik read texts between Higgins and Read about cheating allegations against O'Keefe.
The Aruba incident was brought up during the first trial. According to that testimony, weeks before O'Keefe's death, Read accused him of kissing a friend during a group trip to Aruba.
The friend, Marietta Sullivan, testified that she hugged O'Keefe in the hotel, and heard a woman she later learned was Read scream "Who the f--- was that?"
"[Read] very loudly told me to go f--- myself across the lobby, and I said 'Yeah, f--- you too' and walked away," Sullivan testified during the first trial.
In a separate motion on Monday, prosecutors are seeking to exclude some evidence, like phone extractions done as part of the now-closed federal investigation. They argue the defense is attempting to improperly introduce this as hearsay evidence.
The defense filed its own motion opposing the prosecution's motion to exclude that evidence. They say it is not hearsay and is necessary for Read's Sixth Amendment right to confront her accusers.
Read said last week the prosecution is winding down its case, though it is not clear how many witnesses remain as attorneys for both sides are under a gag order.
