14.Cory Mello — Direct/Cross
187 linesMS. BUCKINGHAM: The Commonwealth would call Cory Mello as its next witness.
CORY MELLO: I do.
COURT CLERK: Please be seated, sir.
THE COURT: Good afternoon, sir.
CORY MELLO: Good afternoon, Your Honor.
THE COURT: Attorney Buckingham, please.
MS. BUCKINGHAM: Thank you. Good afternoon. Could you please tell the jurors your first and last name?
CORY MELLO: Cory Mello.
MS. BUCKINGHAM: And can you spell your first name for the record?
CORY MELLO: C-O-R-Y.
MS. BUCKINGHAM: And your last name?
CORY MELLO: M-E-L-L-O.
MS. BUCKINGHAM: And how are you employed?
CORY MELLO: I work for the state police.
MS. BUCKINGHAM: In what unit, or what's your current assignment with the state police?
CORY MELLO: Currently I work for the Commercial Vehicle Enforcement Section.
MS. BUCKINGHAM: Going back to January of 2023, what was your assignment then?
CORY MELLO: I worked for the Prince County District Attorney's Office at that time.
MS. BUCKINGHAM: With the state police detective unit?
CORY MELLO: Correct, yes.
MS. BUCKINGHAM: And I'm gonna draw your attention to January 24th, 2023. Were you involved in the investigation into the incident that occurred at 47 Summer Street in Duxbury on January 24th?
CORY MELLO: Yes, I was.
MS. BUCKINGHAM: And fair to say that when state police got involved in that investigation, a large group of the state police detective unit went out to Duxbury to work that investigation?
CORY MELLO: Correct.
MS. BUCKINGHAM: Were you the case officer in that case?
CORY MELLO: I was not the case officer.
MS. BUCKINGHAM: Your role in that case, was that to assist in things like search warrants, neighborhood canvases, interviewing of witnesses?
CORY MELLO: Correct, yes.
MS. BUCKINGHAM: And in this particular investigation, you're aware that there was a search warrant executed at 47 Summer Street after the incident occurred, correct?
CORY MELLO: Correct.
MS. BUCKINGHAM: And as part of the search warrant execution, were you involved in searching the home?
CORY MELLO: Yes, I was.
MS. BUCKINGHAM: And did you search the various floors of the home, meaning the basement, that first floor, and the second floor?
CORY MELLO: Yes.
MS. BUCKINGHAM: In searching that home, there were number of other detectives and troopers also searching, correct?
CORY MELLO: Correct.
MS. BUCKINGHAM: Do you recall locating a phone in the upstairs bedroom, a laptop, some workout bands in the basement that were hanging on the door?
CORY MELLO: Yes, I do.
MS. BUCKINGHAM: And when you recovered these particular items, or located these items, did you then turn them into an evidence officer or direct an evidence officer to things that you thought might have some evidentiary value?
CORY MELLO: Yes.
MS. BUCKINGHAM: At some point after the search warrant was over, you're aware a lot of items were brought back for further examination, correct?
CORY MELLO: Correct.
MS. BUCKINGHAM: Is that common that when you're working on a search warrant, things are kind of... Mm-hmm.
CORY MELLO: It's okay.
CORY MELLO: You all right?
MS. BUCKINGHAM: Is it common that a lot of times a search warrant, things are collected and brought back for further examination?
CORY MELLO: Yes.
MS. BUCKINGHAM: Is that 'cause it's kinda chaotic there and can't really examine things thoroughly on scene?
CORY MELLO: That's correct, yes.
MS. BUCKINGHAM: So in this particular circumstance, were you asked to review some books and journals?
CORY MELLO: Yes, I was.
MS. BUCKINGHAM: And I'm just gonna...
MS. BUCKINGHAM: If I may approach the witness.
THE COURT: Sure.
MS. BUCKINGHAM: I'm just showing you an item. Is that familiar to you?
CORY MELLO: Yes, it is.
MS. BUCKINGHAM: You didn't locate this on that night, did you?
CORY MELLO: No, I did not.
MS. BUCKINGHAM: But you had the opportunity to review the contents of it at a later date?
CORY MELLO: Correct.
MS. BUCKINGHAM: I would move to admit this brown journal as exhibit, please.
MR. REDDINGTON: No objection.
THE COURT: All right. That may be admitted.
THE COURT: Counsel, can I see you sidebar just for a second?
THE COURT: All right. Commonwealth.
MS. BUCKINGHAM: Thank you. Trooper Mello, just in relation to now what's been marked as exhibit 151, the brown journal, and just noting that when you— the journal opens to the first page, there's no dates on it, correct?
CORY MELLO: Correct.
MS. BUCKINGHAM: And in those first few pages, just highlighting page one, you reviewed these handwritten entries. And at some point in this paragraph, it says, “Obsessed with his sleep and nap schedule, like, to the minute.” It says, “Hearing him cry for one plus hours and not intervening just about killed me. I even said the words ‘I wanna die’ to Pat while he was crying. After that, I became obsessed with his sleep and nap schedule, like, to the minute.” That's one of the entries you reviewed and read it?
CORY MELLO: Correct, yes.
MS. BUCKINGHAM: Page two says, “I also feel like I did it wrong because I did it when he was overtired, so it made it harder. Now I have horrible insomnia and anxiety.” You recall reviewing that in the journal?
CORY MELLO: Correct, yes.
MS. BUCKINGHAM: Page four of the journal says, "Why else I feel guilty. He's not really hitting his milestones." Again, that's a page that's not dated in this journal, correct?
CORY MELLO: Correct.
MS. BUCKINGHAM: Page eight. "I'm completely overwhelmed trying to take care of the three kids. I feel like I'm drowning every day." Again, another page that's not dated?
CORY MELLO: Correct.
MS. BUCKINGHAM: At some point there are some dated pages in this journal, fair to say, right?
CORY MELLO: Yes.
MS. BUCKINGHAM: And there's one on November 18th.
MS. BUCKINGHAM: And November 18th, that page reads, "It's like I'm so desperate to get a mental break from taking care of everyone that my mind is trying to make something physically wrong with me." You recall reviewing that in the journal?
CORY MELLO: Yes.
MS. BUCKINGHAM: Now, in addition to the brown journal, when you were back at the office, you also had the occasion to review some of the other journals collected, right?
CORY MELLO: Correct.
MS. BUCKINGHAM: This journal I'm holding up, exhibit number 147, is that familiar to you?
CORY MELLO: Yes.
MS. BUCKINGHAM: And again, this is a journal that has handwritten notes in it, very similar to the handwriting in the brown journal you reviewed?
CORY MELLO: Yes.
MS. BUCKINGHAM: And fair to say, the entries in this notebook only span a few pages and only go from October 13th as the first entry, and the last one being January 18th, correct?
CORY MELLO: Correct.
MS. BUCKINGHAM: Okay. And this third journal that you reviewed after the search warrant, exhibit number 50, the yellow journal with Callan Clancy's name on it. You recall that?
CORY MELLO: Yes, I do.
MS. BUCKINGHAM: And you are aware Callan Clancy was one of the children?
CORY MELLO: Yes.
MS. BUCKINGHAM: Okay. And in this instance, did you see similar handwriting from the other two journals that you reviewed?
CORY MELLO: Yes, I believe there was two separate.
MS. BUCKINGHAM: Okay. At some point in these entries, you began to notice there were other handwriting?
CORY MELLO: Correct.
MS. BUCKINGHAM: At the time you were looking at this, did you know who the other handwriting was—
CORY MELLO: At the time, no.
MS. BUCKINGHAM: ... or who it belonged to? Okay. And fair to say, reviewing the contents of it, it's a pretty detailed list of a schedule for the baby?
CORY MELLO: Correct.
MS. BUCKINGHAM: I have nothing further.
THE COURT: All right. Mr. Reddington.
MR. REDDINGTON: So one of the things that the district attorney did was read to you certain entries from what is referred to in your report as the Tree of Life Artisan Journal, correct?
CORY MELLO: Correct.
MR. REDDINGTON: And when you refer in the report to the Tree of Life Artisan Journal, is that this here?
MR. REDDINGTON: What do you call a tree like this here? A diary with a picture of a tree on it.
CORY MELLO: Should have a tree on it, yes.
MR. REDDINGTON: But in any event, you would recall that that particular diary or notebook set forth on a number of pages her feelings dealing with her children. Is that fair?
CORY MELLO: It's fair to say, yes, sir.
MR. REDDINGTON: And you wrote in your report on page 19 of 63, counsel asked you first about her stating that, “She had horrible PTSD from sleep-training Callan. Hearing him cry for one hour plus and not intervening just about killed me. I even said the words ‘I wanna die’ to Pat while he was crying.” He would be the baby, right?
CORY MELLO: Correct.
MR. REDDINGTON: And this is her saying that not being able to go to her child because they were trying to do sleep training, she indicated that it was just about killing her, correct?
CORY MELLO: That's what was stated, yes.
MR. REDDINGTON: “And after that, I,” meaning Lindsay, “became obsessed with his sleep and nap schedule, like to the minute. I would tell Laney...” And you know who Laney is, right?
CORY MELLO: Yes.
MR. REDDINGTON: Who's Laney?
CORY MELLO: The other child.
MR. REDDINGTON: The what?
CORY MELLO: I'm sorry, again, what's this—
MR. REDDINGTON: Laney.
CORY MELLO: Laney?
MR. REDDINGTON: Laney. L-A-N-E-Y, Laney.
CORY MELLO: Don't recall this time.
MR. REDDINGTON: Do you recall that she had a young lady, or they had a young lady that was in their home helping with the baby while she was supposed to—
CORY MELLO: I don't recall this time.
MR. REDDINGTON: Okay. That she would tell Laney to put him down at 10:36. “I would also drive him around for car naps for hours every day, feeling guilty for doing this to my baby.” Do you recall making that notation?
CORY MELLO: Yes.
MR. REDDINGTON: “I also feel guilty we did it too young,” parenthesis, “one week shy of four months,” end parenthesis, right?
CORY MELLO: Correct.
MR. REDDINGTON: You also noted in your report that I also, quote, “I also feel like I did it wrong because I did it when he was overtired, so I made it harder. I now have horrible insomnia and anxiety, which is causing depression. I have no appetite. I don't know what's wrong with me. I want help. I want to be well.” You saw that in there, didn't you?
CORY MELLO: Yes.
MR. REDDINGTON: And then she went on and said, “I think the anxiety started after sleep training. Doctor said it was okay to let him cry. I need to get a good night's sleep and take care of him. Rocking him to sleep every nap in bed in the middle of the night.” She noted that, right?
CORY MELLO: Yes.
MR. REDDINGTON: Noting further in separate occasion, "He's still a very happy baby despite his sleep training. Why I feel guilty is not really hitting his milestones, not rolling over, although he almost is!" Exclamation point. "And he's babbling, which is a new milestone." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: She wrote, "I have crazy brain fog. I feel like I can't make a plan. I can't carry it out. Like I just live moment to moment, waiting for the next nap time. I'm terrified of Cal getting overtired now because I feel I can't help him." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: She then wrote, "I'm really worried about going back to work and not being able to function with the brain fog. I feel like I should start with a four-hour shift and see how I do. I can't tell if I am withdrawing from Ativan and Benadryl, or is this my new baseline? I feel completely disconnected with my baby. I feel like I'm going through the motions every day." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: And there were a number of other entries that you put in your police report about that, one of which was that, "I feel horribly guilty about my marriage. I wanna connect with Pat again. I know he needs it. I need it. I'm terrified 'cause I'm terrified of the relationship." She needs to get birth control first. She made reference to her inability to have conjugal relations with her husband, right?
CORY MELLO: I believe so.
MR. REDDINGTON: She indicated further on into her travels, "I am completely overwhelmed trying to take care of the kids. I'm drowning every day. I feel guilty that I'm spending my family's money and not making any. I feel like I spend way too much." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: "I'm tired of... I'm terrified of Callan getting sick. He's a sick baby. A sick baby is miserable. He's sick now with a double ear infection, clearly has a bellyache. It's miserable. I feel like the other kids are gonna get him sick all winter long." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: "I always feel strongly against sleep training. I feel like it's abusive to let the baby cry and not respond, but I made the decision. I did it with Cal. It is way too much crying. It's incredibly stressful." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: "He's okay. He will be okay. It's not harmful in any way. The doctor said it was okay. Plenty of people sleep train their kids at that age. It's necessary as a third child." Is what she wrote, right?
CORY MELLO: Correct.
MR. REDDINGTON: "I feel incredibly sad and guilty about not breastfeeding anymore. That was the one thing I could do to help his immune system, and I can tell he really doesn't like the formula. I'm very sad about this. I know at this time it's what I needed to do for my mental health." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: And then the statements started getting smaller and smaller as time went by. One occasion, "It's like I'm desperate to get a mental break from taking care of everyone. My mind is trying to make something physically wrong with me. My mind never shuts off. It's constantly thinking of the next thing someone needs. I can't shut it off. I desperately wanna go back to work, but now I don't know how I'm gonna function, and it worries me." Wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: There were two consecutive or two pages that were blank that she didn't even write on, and then on the third entry, affirmations. She wrote affirmations. On November 22nd of two thousand twenty-two, "I am calm. I will remain calm today. There is nothing that needs to be on my mind. The weight is lifted from my mind. I will sleep tonight." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: Continuing on into November, "I slept well last night. I will sleep again tonight. Today will be a great day. I will go back to work on Sunday. I will thrive. I can feel like myself again." That was November 23rd she wrote that, right?
CORY MELLO: I believe that's the day, yes.
MR. REDDINGTON: Gratitude. "I'm grateful for Sue, who's always listening." That'd be your mother-in-law. You knew that, right?
CORY MELLO: Yes.
MR. REDDINGTON: "Sue. I'm grateful to Sue for always listening and trying her best to help me. Kids are sleeping. Grateful Pat. Pat is handling nighttime stuff. Julie for making a plan for me. A big thing is I feel disconnected with myself, time, reality. I think going back to work will help with that." She wrote that, right?
CORY MELLO: Correct.
MR. REDDINGTON: And then there are numbers of pages twenty-two of sixty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, all reproducing what counsel asked you about and what I just went through that were from those journals, right?
CORY MELLO: Correct.
MR. REDDINGTON: Do you have anything to do with the search of the house?
CORY MELLO: Yes.
MR. REDDINGTON: Did you search in the bedroom?
CORY MELLO: Yes.
MR. REDDINGTON: How many other people were with you searching in the bedroom?
CORY MELLO: I don't recall how many other people were with me at that time.
MR. REDDINGTON: You know why nobody looked in the drawer and found pills and sleep aids and Apple Watches?
CORY MELLO: I'm not aware.
MR. REDDINGTON: Did you see the drawer?
CORY MELLO: I don't recall.
MR. REDDINGTON: What?
CORY MELLO: I don't recall.
MR. REDDINGTON: Okay. That's all I have, Judge.
THE COURT: Redirect?
MS. BUCKINGHAM: Nothing further. Thank you.
THE COURT: All right. Thank you, sir. You may step down.
CORY MELLO: Thank you.
THE COURT: Counsel, could I see you in sidebar? All right.
THE COURT: So, members of the jury, we're gonna break at this point till tomorrow, all right? And talking to counsel, my expectation is we'd have similar schedule tomorrow. The hope would be we'll go in the morning, and it should go into the afternoon. But just to give you the... That's the best estimate that we have, all right? And so I'm gonna excuse you till tomorrow. Remember, I'm gonna ask you those questions. Don't listen to anything. Don't talk about this. Don't take any road trips or do any research on this. Put this out of your head as best you can till tomorrow morning. Hopefully, the rain has stopped, and we'll see everybody tomorrow. Thank you so much for all your work here today. Thank you.
BAILIFF: All right. All rise. Jurors, please close your notebooks, place them on your chairs. Follow me.
THE COURT: All right, so we'll be in recess on this until tomorrow morning at nine. Thank you.
MS. BUCKINGHAM: Thank you.
MR. REDDINGTON: Thank you.
BAILIFF: Court, all rise.