Brian Higgins, an agent with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), testified on Tuesday regarding the disposal of his cellphone during the investigation into John O’Keefe’s death. This testimony provided crucial insights into the defense’s case, which argues that Karen Read is not responsible for O’Keefe’s death.

Higgins admitted he disposed of his phone and possibly the SIM card in a dumpster at a military base without consulting anyone or receiving a written cancellation of the preservation order for his phone. "I didn’t know whether I removed the SIM card when I got rid of my phone, but if I did do so, I either cut the SIM card or broke it," Higgins stated. 
Defense attorney David Yannetti questioned Higgins about the disposal process. "Then you drove to a military base and you threw both the destroyed SIM card and the phone into a dumpster, didn’t you?" Yannetti asked. Higgins confirmed he was driving through a military base on Cape Cod and believed he put the destroyed SIM card and phone into a dumpster there. 
Higgins further testified that he didn’t transfer anything from his old phone to his new one, including photos, videos, and possible text messages with members of the Albert family, who owned 34 Fairview Road at the time. 

On redirect, Higgins told Assistant District Attorney Adam Lally that he didn’t have much saved on his personal phone. “In the sense that I’m divorced, I don’t have kids, I didn’t have the typical memories that somebody would’ve had on their phone that they wanted to preserve,” Higgins explained.  
 
Higgins revealed that a call from the target of an investigation in July 2022 made him reconsider keeping his old phone number. “I had a lot of concerns, so July of ’22 is when I probably started thinking about, ‘You know what, I’ve got to get rid of the telephone number itself,’” he said. Higgins confirmed he changed his personal phone number on Sept. 29, 2022 — one day before receiving a court order to preserve the phone, which Karen Read’s lawyers were seeking as evidence. He testified he got rid of his old phone "about two months after that," because it was "beaten" and he had already obtained a new one.

O’Keefe’s niece provided testimony, revealing that Read was frantic and screaming when she awoke around 4:30 a.m. on January 29, 2022. Prosecutors indicated Read directed the niece to call Jennifer McCabe, a friend, during which Read changed her story multiple times about what happened to O’Keefe. McCabe testified that Read was screaming during the call, saying, “John didn’t come home, they got into a fight, and that she left him at the Waterfall,” a bar where they’d been drinking the previous night.

Testimony from Minors
The testimonies of O’Keefe’s niece and nephew were not live streamed or recorded due to their minor status. In 2022, the children, then aged 14 and 10, told investigators that Read and O’Keefe argued frequently toward the end of their two-year relationship. O’Keefe’s niece recalled her uncle telling Read “that their relationship had run its course and that it isn’t healthy,” according to prosecutors.

Defense’s Position
Read’s defense team has suggested a conspiracy among witnesses and law enforcement, arguing that others, including Higgins, are responsible for O’Keefe’s death. Despite Higgins’s testimony, Read's lawyers remain focused on proving their theory that someone else is responsible for the crime.

Higgins’s testimony adds a complex layer to the ongoing trial, highlighting the defense’s strategy of implicating other individuals in O’Keefe’s death. As the trial continues, further witness testimonies and cross-examinations are expected to shed more light on the case.
KAREN READ TRIAL IS NOW OFF UNTIL TUESDAY JUNE 4TH 2024

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