Karen Read trial focuses on text messages between Brian Higgins and defendant
The Karen Read trial continued Friday with a key investigator reading text messages between Brian Higgins and the defendant in the high-profile murder case. Massachusetts State Police Sgt. Yuri Bukhenik has been on the stand for two straight days and faced tough questioning during cross-examination about evidence collection in the case and the role of fired Trooper Michael Proctor.
Read said on Wednesday that the prosecution's case is almost done, but lawyers on both sides are under a gag order so it's not clear how many more witnesses may be called before the defense takes over. Some notable witnesses from the first trial have not yet testified, including Higgins, former 34 Fairview Road homeowner Brian Albert and Proctor.
Read is accused of hitting her Boston police officer boyfriend John O'Keefe with her SUV during a snowstorm in Canton in 2022 and leaving him to die. The defense says she is being framed in a coverup involving law enforcement and several others.
Tense cross-examination of Yuri Bukhenik
The contentious cross-examination of Bukhenik by defense attorney Alan Jackson picked up Friday morning with questions about pieces of taillight recovered from 34 Fairview.
"You theorized there was an impact spot at 34 Fairview, correct?" Jackson asked.
"Based on the statement 'I hit him,' I assumed that Mr. O'Keefe was impacted with something," Bukhenik said.
Jackson then asked Bukhenik to define the word "theory," and Bukhenik responded by saying English is a third language to him and asked Jackson to bring out a dictionary.
"You want to take a break real quick and pull out the Webster's dictionary to define the word that you used in an answer about 40 seconds ago?" Jackson said.
There were also questions about who filled out information on an evidence bag. Bukhenik said he wasn't sure, and Jackson asked if it might have been handed over to a random person.
"That's a ridiculous suggestion," Bukhenik said.
Texts between Brian Higgins and Karen Read
There was a long morning recess after Judge Beverly Cannone initially stopped the defense's attempts to ask Bukhenik about Higgins' texts to Read. In the first trial, Higgins read aloud "flirty" text messages that he exchanged with the defendant.
After the recess and another sidebar, the defense had Bukhenik read the texts between Higgins and Read. Higgins is a Bureau of Alcohol, Tobacco, Firearms and Explosives agent, and the defense has argued he could have been responsible for O'Keefe's death.
In one text message from January of 2022, Read tells Higgins "you're hot."
"Are you serious or messing with me?" Higgins responds.
"No I'm serious," Read says.
In another message, Read texts Higgins, "Come over to my house."
Higgins later tells Read he "assumed you were happy with your situation."
"I was. But things have deteriorated," she says.
Higgins then asks if Read was breaking up with her boyfriend or staying together.
"I don't know. He hooked up w another girl on vacation," Read said. "I am very close to his niece.. it is a very f---d up situation."
The state of Read's relationship with O'Keefe came up repeatedly, with Read saying "John and I have had a lot of ups and downs."
Then Read says O'Keefe showed her a Ring video of her with Higgins and accused them of hooking up. Higgins and Read had shared a kiss a couple weeks before O'Keefe died.
"You legit planted one on me," Higgins said.
On Jan. 19, 2022, the texts indicate that Read went to Higgins' house in West Roxbury. The last text Bukhenik read was Read telling Higgins "John died."
Jackson asked Bukhenik how he would characterize the texts between Read and Higgins.
"My opinion is that it's an angry girlfriend trying to set up a hookup to hurt John," Bukhenik said.
WBZ-TV's Kristina Rex was in the courtroom and said many jurors put down their notes and were locked into the testimony, which was at times uncomfortable.
Read says Proctor will not testify for state
So why have a state trooper testify about these texts and so much more?
In a chaotic scramble after court Friday, Karen Read said Michael Proctor will not testify for the state this trial. Read said she doesn't know if Brian Higgins will, so it seems that Bukhenik is a surrogate witness.
"In terms of trial strategy. It's definitely risky, right? Because you run the risk of looking like you're hiding from it," WBZ Legal Analyst Katherine Loftus said.
Loftus said prosecutor Hank Brennan is only putting the witnesses in that he needs to prove the case.
"He's basically calling the defense's bluff and saying, if you want to blame Brian Albert, and Brian Higgins, put them on the stand," Loftus said. "You can blame them yourself."
Canton Waterfall bar video
The defense played surveillance video from inside the Waterfall Bar & Grille in Canton, where Read and O'Keefe met up with friends.
The video showed an interaction between Brian Albert and Higgins. Jackson asked Bukhenik if the two men with military backgrounds were in a "fighting stance."
"I guess it could be considered that," Bukhenik said. "It looked more like roughhousing, a couple of buddies messing around."
Jackson said Higgins can be seen appearing to gesture at O'Keefe before they left the bar for 34 Fairview.
Next, Read's defense showed video to offer a different explanation of how her taillight was broken. The footage from 5 a.m. on Jan. 29, 2022 appears to show her SUV bumping O'Keefe's car in his driveway. They say that's what caused the damage to her taillight - not the alleged impact at 34 Fairview.
Karen Read investigator questioned about Chloe the dog
Before the end of the day, Bukhenik was questioned about Chloe, the German Shepherd that once belonged to the Albert family. The defense claims that wounds on O'Keefe's arm are from a dog attack that could have happened inside 34 Fairview.
"Did you learn that the Albert family had gotten rid of the dog?" Jackson asked Bukhenik.
"We learned that they no longer cared for the dog. I don't know if 'get rid of' is accurate," Bukhenik said.
Some jurors took notes as Jackson pointed out that Chloe has had two new owners and there's no evidence that the Alberts gave her up for adoption.
Yuri Bukhenik's testimony in Karen Read trial
Prosecutors on Thursday questioned Bukhenik about disciplinary action he faced for failing to properly supervise Proctor and made Bukhenik read Proctor's rude texts about Read and her defense attorney David Yannetti.
"Funny, I am going through his r------d client's phone right now," Proctor's message said. "No nudes so far. I hate that man. I truly hate him."
Bukhenik lost five vacation days after an internal affairs investigation, announced shortly after Read's first trial ended in mistrial. He tried to downplay Proctor's role in the case when questioned by attorney Jackson.
"There's a lot of people involved in this investigation," Bukhenik said.
WBZ legal analyst Katherine Loftus said it now appears unlikely that Proctor will be called by prosecutors to testify, which could be a risky strategy.
"The problem now is that the trooper that you're relying on to sort of rebut this presumption of Michael Proctor is aggressively, you know, going back at the defense attorney when any allegation is made against you know him or Michael Proctor," Loftus said. "It doesn't look great."
What is Karen Read charged with?
Read, 45, is charged with second-degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene of personal injury and death. She has pleaded not guilty to all charges.
