3.Joseph Rabbitt — Direct/Cross
267 linesMS. BUCKINGHAM: The Commonwealth would call Joseph Rabbitt to the stand.
THE COURT: Hi. Good morning, sir.
JOSEPH RABBITT: Morning, Your Honor.
MS. BUCKINGHAM: Let me just have one moment to get these—
THE COURT: Sure. Sure.
MS. BUCKINGHAM: Good morning, sir.
JOSEPH RABBITT: Good morning.
MS. BUCKINGHAM: Can you please tell the jury your first and last name?
JOSEPH RABBITT: Lieutenant Joseph Rabbitt. R-A-B-B-I-T-T.
MS. BUCKINGHAM: And where do you work?
JOSEPH RABBITT: The Massachusetts State Police, currently assigned to the Cyber Crime Unit.
MS. BUCKINGHAM: How long have you been with the State Police?
JOSEPH RABBITT: Since March of 2012.
MS. BUCKINGHAM: And I'm gonna draw your attention back to January of 2023. What was your assignment then?
JOSEPH RABBITT: I was a trooper assigned to the State Police Detective Unit for Plymouth County.
MS. BUCKINGHAM: And do you recall how long you were a detective, or trooper assigned to the detective unit in Plymouth County, approximately?
JOSEPH RABBITT: From February of 2017 to September of 2024.
MS. BUCKINGHAM: Okay. I'm gonna draw your attention to January 24th of 2023. Do you recall being involved in an investigation in the town of Duxbury that day?
JOSEPH RABBITT: I do, yes.
MS. BUCKINGHAM: And do you recall where you went in Duxbury or where the investigation was unfolding out of?
JOSEPH RABBITT: I first went to Jordan Hospital, or Beth Israel Deaconess Jor-... Plymouth.
MS. BUCKINGHAM: Okay. And so, you didn't initially go to 47 Summer Street, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Fair to say you weren't the case officer in this case?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And in your experience working with the detectives unit, fair to say when a investigation or a death investigation is ongoing, kind of it's all hands on deck, and everyone's kind of directed to do different things, correct?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And so in this circumstance, you were asked to go to the Beth Israel Deaconess or the old Jordan Hospital here in Plymouth, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Why did you get asked to go there?
JOSEPH RABBITT: Because three children had been transported there.
MS. BUCKINGHAM: And so were you assigned to just go and check in on the status of the kids and what was going on at that hospital?
JOSEPH RABBITT: Check in on the status and have any potential victims documented by Crime Scene Services.
MS. BUCKINGHAM: Okay. And so, while you were at the hospital, you did have the occasion to speak with Patrick Clancy, correct?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: Okay. And after you left the hospital, did you go to 47 Summer Street in Duxbury?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: And are you aware that other members in your unit had obtained a search warrant for that home?
JOSEPH RABBITT: I was, yes.
MS. BUCKINGHAM: And so when you arrived at 47 Summer Street, were you there to assist with the execution of the warrant?
JOSEPH RABBITT: I was, yes.
MS. BUCKINGHAM: And part of the warrant execution, is it fair to say that everyone's kind of asked to look at particular areas and search for potential evidence related to the offense?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: Fair to say this search warrant was executed shortly after the incident occurred?
JOSEPH RABBITT: Fair to say, yes.
MS. BUCKINGHAM: And so did you and other investigators have limited information about what had happened?
JOSEPH RABBITT: Yes.
MS. BUCKINGHAM: Great. At the home, were you in the kitchen area assisting with the search?
JOSEPH RABBITT: I was, yes.
MS. BUCKINGHAM: Okay. And let me show you what's already been marked. Exhibit 144. You could look at the screen.
MS. BUCKINGHAM: Are you familiar with that photograph or what's depicted in that photograph?
JOSEPH RABBITT: I am, yes.
MS. BUCKINGHAM: And is that the kitchen area at 47 Summer Street?
JOSEPH RABBITT: It is, yes.
MS. BUCKINGHAM: You were there on January... well, the early morning hours, I would say, of January 25th?
JOSEPH RABBITT: I was, yes.
MS. BUCKINGHAM: And so, fair to say, you made observations while you were there, right?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And what was an observation that you noted to other investigators in that kitchen area on the island?
JOSEPH RABBITT: A CVS bag.
MS. BUCKINGHAM: Okay. I'm just gonna show you exhibit number 40. That's a little bit of a closer view of the bag, correct?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And how about this larger paper bag? Did you observe that as well?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: And gonna just approach you with what's been already marked as exhibit 31.
MS. BUCKINGHAM: Is that also familiar to you?
JOSEPH RABBITT: It is, yes.
MS. BUCKINGHAM: Was that a receipt that was with that bag?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And fair to say all of these things, the CVS bag, the receipt, were noted and certain things were collected, including the receipt, exhibit 31, and the CVS bag?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Do you recall what was inside the CVS bag?
JOSEPH RABBITT: I believe it was a bottle of Pedialax.
MS. BUCKINGHAM: You also—
MS. BUCKINGHAM: Observed other areas of the kitchen, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And so, there was a particular cabinet in the kitchen. Did you open a cabinet and discover something that stood out to you?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: And what was the cabinet, and what stood out?
JOSEPH RABBITT: An upper kitchen cabinet with medication bottles.
MS. BUCKINGHAM: Okay. And fair to say that was, that was pointed out and documented as well?
JOSEPH RABBITT: It was, yes.
MS. BUCKINGHAM: Okay. If I may approach?
THE COURT: You may.
MS. BUCKINGHAM: Okay, the first photograph, is that familiar to you?
JOSEPH RABBITT: It is, yes.
MS. BUCKINGHAM: And that's the cabinet that you opened and saw the items inside?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Okay. And I'm just gonna show you a second photograph. And is that fair to say just a closer of those top shelves?
JOSEPH RABBITT: It is, yes.
MS. BUCKINGHAM: And what particularly stood out to you about the medication in that cabinet? Was it the spices or the generic medications, or something else?
JOSEPH RABBITT: The prescription medications.
MS. BUCKINGHAM: I would move to admit these as the next two exhibits.
THE COURT: All right. They may be admitted. Mm.
COURT REPORTER: Exhibits 152 and 153.
MS. BUCKINGHAM: So just showing you now on the screen.
MS. BUCKINGHAM: Exhibit 152, and that's just the cabinet open, and there's—looks to be like air fryer below it, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And now showing you 153, which has those top two shelves. And it's the very top shelf has the prescription bottles, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: What did you do with the prescription bottles?
JOSEPH RABBITT: I placed them on the island and notified other members of... that were searching, so they could be photographed by Crime Scene Services.
MS. BUCKINGHAM: Okay. So I'm just gonna show you another photograph.
MS. BUCKINGHAM: Is that fair as to placing those bottles on the island?
JOSEPH RABBITT: It is, yes.
MS. BUCKINGHAM: I would move to admit this as the next exhibit.
THE COURT: All right, it may be admitted.
COURT REPORTER: Exhibit 154.
MS. BUCKINGHAM: And how many bottles were there?
JOSEPH RABBITT: There were four.
MS. BUCKINGHAM: Four. Approach you with a bag. Take a look at what's in the bag.
MS. BUCKINGHAM: Do those appear to be the four bottles that were in the cabinet?
JOSEPH RABBITT: They do, yes.
MS. BUCKINGHAM: I would move to admit this as the next exhibit.
THE COURT: It may be admitted.
COURT REPORTER: Exhibit 155.
THE COURT: Thank you.
MS. BUCKINGHAM: Now, other than pulling these four bottles out of the cabinet, flattening them up on the counter and asking Crime Scene to photograph them, did you do anything further with these pills as far as inventorying them or examining them?
JOSEPH RABBITT: I did not, no.
MS. BUCKINGHAM: And when a search warrant is executed, fair to say there is usually an evidence officer who kind of documents everything and collects everything to take back either to the crime lab or to the state police office?
JOSEPH RABBITT: That's correct.
MS. BUCKINGHAM: Now, in addition to assisting with the execution of the warrant on this—on January 20-—the early morning hours of January 25th, were you asked to do something else on this case on February 6th of 2023?
JOSEPH RABBITT: I was, yes.
MS. BUCKINGHAM: And on that day, did somebody come into the state police office at the district attorney's office with some information or evidence?
JOSEPH RABBITT: They did, yes.
MS. BUCKINGHAM: Who was that that came in?
JOSEPH RABBITT: Mr. Patrick Clancy.
MS. BUCKINGHAM: And was he with an attorney, somebody by the name of David Meyer?
JOSEPH RABBITT: Yes.
MS. BUCKINGHAM: And what did they bring to the state police?
JOSEPH RABBITT: Bottles of medication.
MS. BUCKINGHAM: How was it transported to the state police, or how did you receive it?
JOSEPH RABBITT: In a CVS bag.
MS. BUCKINGHAM: Okay. I'm just gonna show you a photograph.
MS. BUCKINGHAM: Is that familiar to you?
JOSEPH RABBITT: It is, yes.
MS. BUCKINGHAM: And is this fair as to the bag that was provided to you on February 6th?
JOSEPH RABBITT: Yes.
MS. BUCKINGHAM: I would move to admit this as the next exhibit.
THE COURT: All right. It may be admitted.
COURT REPORTER: 156.
THE COURT: Thank you.
MS. BUCKINGHAM: When Mr. Clancy and Attorney Meyer brought that bag in, did you do something or ask somebody to do something to memorialize what they were bringing to you?
JOSEPH RABBITT: Yes. I asked Crime Scene Services to digitally document them.
MS. BUCKINGHAM: And so the photograph I just showed you of the bag, that was done by a trooper from Crime Scene Services that came to the office?
JOSEPH RABBITT: Yes.
MS. BUCKINGHAM: Do you recall who that was?
JOSEPH RABBITT: I believe it was Trooper Rose Stoffers.
MS. BUCKINGHAM: Okay. And fair to say that with the crime scene trooper present, you also examined the other contents in the bag, correct?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And there was a blank greeting card, some paperwork, and a kind of insert for CVS. Is that accurate?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Just showing you one more photo. Oh, got it.
MS. BUCKINGHAM: Is that the other items that were in the bag other than the medication bottles?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: I would move to admit this as the next exhibit.
THE COURT: That may be admitted.
COURT REPORTER: 157.
MS. BUCKINGHAM: And again, as to the medications in that bag, when you saw that there were prescription bottles there, did you present them so that they could all be documented?
JOSEPH RABBITT: Yes.
MS. BUCKINGHAM: And did you then inventory or examine each of the bottles?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: And is it fair to say that Patrick Clancy had indicated that the bag was in his truck, and that he was bringing them to the state police as a result of everything that occurred on January 24th?
JOSEPH RABBITT: I can't recall where he said he got them from, but that is why he was bringing them in.
MS. BUCKINGHAM: Okay.
MS. BUCKINGHAM: And I'm just gonna approach with what's previously been marked as exhibit number two.
MS. BUCKINGHAM: You wanna take a look at that before we go through it. Does that appear to represent all the bottles that were provided to you on February 6th?
JOSEPH RABBITT: It doesn't.
MS. BUCKINGHAM: And that's nine, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Now, just as far as each bottle. Just give it one moment.
MS. BUCKINGHAM: So when you are tasked with... tracking or inventorying particular items like this that come in, what do you do?
JOSEPH RABBITT: Count out how many capsules or tablets are in there, the date that it was... note it was filled, and the amount left in the bottle, and the amount that it said should've been there when filled.
MS. BUCKINGHAM: Okay. And so referring first to this bottle that's labeled Lorazepam 1 milligram. Fair to say it says date filled 10/26/22, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And it says that originally it was filled with 30, quantity 30?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And you counted what was left in this particular bottle, and there were only 14 pills left in that bottle, correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And so the next one, the bottle labeled Sertaline, brand name Zoloft, filled on 9/15/22, quantity 30. Did you count how many pills were left in this bottle?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: And fair to say there's 23 left?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Now Buspirone. There were in fact two bottles labeled Buspirone, correct?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And one of them with a date of 10/26/22, date filled, quantity 30. You counted how many pills are in this bottle, right?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And there were 28 pills left in this bottle.
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: Hydroxine filled on 10/26/22, quantity 30. You counted how many pills were in this?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And fair to say there were 27 left in that bottle?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Clonazepam filled on 11/25/22 with 14 pills in the prescription. You counted how many were in this bottle?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And there were actually 11 and a half, correct?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: Fluoxetine filled on 11/21/22 with 56 in the prescription. You counted how many were left in this bottle?
JOSEPH RABBITT: I did, yes.
MS. BUCKINGHAM: And there were 20... or excuse me, 43.
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: Correct. The second bottle of Lorazepam that was .5 milligrams filled on 11/2/22 with... It says 40 on the bottle, right?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: You counted what was left in this bottle, and it was 18 and a half tablets.
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: And the second bottle of Buspirone filled on 11/9/22, quantity 30. There were actually 30 in this bottle. Is that fair to say?
JOSEPH RABBITT: Correct, yes.
MS. BUCKINGHAM: And trazodone filled on November 16th, 2022 with a prescription for 30. You counted that there were 22.5 pills left in this bottle. Is that correct?
JOSEPH RABBITT: Correct.
MS. BUCKINGHAM: And then once you identified and counted each and every one of the pills in these bottles, you handed this in for evidence?
JOSEPH RABBITT: That is correct.
MS. BUCKINGHAM: Thank you.
THE COURT: All right. Cross, counsel?
MR. REDDINGTON: On the pills that you just counted, or you went through the bottles that you seized, first of all, there's no doubt that you guys were executing a search warrant, right?
JOSEPH RABBITT: That is correct.
MR. REDDINGTON: And to have a search warrant, you have to have a reason to seize something from a citizen's person or their home, right?
JOSEPH RABBITT: That is correct.
MR. REDDINGTON: You have their probable cause is what it's called, right?
JOSEPH RABBITT: Correct.
MR. REDDINGTON: And then you have to itemize what you wanna have the authority to seize, right?
JOSEPH RABBITT: Correct.
MR. REDDINGTON: So I take it that when you people went in executing the search warrant, that you had authority to seize the medical pill bottles that we've just gone through?
JOSEPH RABBITT: Correct.
MR. REDDINGTON: And that was set forth right in the, where it says, "You're therefore commanded," one of the things that you're entitled to seize would be prescription medication, right?
JOSEPH RABBITT: Correct.
MR. REDDINGTON: And that would be on January 25 of '13 that this affidavit was submitted to the clerk in this court, right?
JOSEPH RABBITT: Correct.
MR. REDDINGTON: At 3:00 o'clock in the morning, warrant was issued on January 25, right?
JOSEPH RABBITT: I didn't write it, but that sounds about right. That sounds right.
MR. REDDINGTON: All right. But do you recall what time you went into the home, the Clancy home, to execute the warrant, or serve the warrant?
JOSEPH RABBITT: It was very early morning hours, yes.
MR. REDDINGTON: All right. So early morning hours, you're in there to look for, and among other things like computers and things, seize any medication bottles that you saw?
JOSEPH RABBITT: Correct.
MR. REDDINGTON: So it's not that it's a random search, that some police officer just happened to grab bottles that he or she saw. There was a specific intent to seize prescription medication, correct?
JOSEPH RABBITT: It was on the affidavit, yes.
MR. REDDINGTON: And that's what you all did when you went in to try to execute the warrant and seize the items, right?
JOSEPH RABBITT: I mean, I, for myself, what I found in the kitchen is what I seized, yes.
MR. REDDINGTON: So were you the officer in charge of the warrant execution?
JOSEPH RABBITT: I was not, no.
MR. REDDINGTON: Okay. Did you leave the kitchen and go elsewhere?
JOSEPH RABBITT: I did, yes.
MR. REDDINGTON: And where did you go?
JOSEPH RABBITT: I believe I went to one of the children's bedrooms, 'cause there was, somebody informed me there was a Nest camera in there.
MR. REDDINGTON: A camera?
JOSEPH RABBITT: Yes.
MR. REDDINGTON: Okay. Did you go anywhere else, if you recall?
JOSEPH RABBITT: I, not that I can recall.
MR. REDDINGTON: Did you go in the master bedroom?
JOSEPH RABBITT: I can't recall if I did.
MR. REDDINGTON: Do you recall whether or not anybody in your presence or anybody went into a drawer, a nightstand, and looked in the drawer and saw an Apple Watch, a bunch of pills, like things to use to assist your sleeping, things of that nature? Do you remember anybody doing that?
JOSEPH RABBITT: I can't. I don't know if anybody did or not.
MR. REDDINGTON: And there were one, two, three, four, five prescription bottles that were seized. Have you ever seen these?
JOSEPH RABBITT: I have not, no.
MR. REDDINGTON: So you went through the pill count on the bottles for the district attorney, and you did that when you did inventory, apparently, of these pill bottles that you already talked about, right? For the DA, she just, she asked you to look and tell us how many pills were missing, right?
JOSEPH RABBITT: I did that for the ones that were turned in.
MR. REDDINGTON: Right. And nobody ever looked at these bottles, right?
JOSEPH RABBITT: I don't know if they have or not.
MR. REDDINGTON: If I understand correctly, lorazepam, as counsel asked you, the dates that these scripts were written, the lorazepam, as you indicated, was October 26th. The buspirone was same date, October 26th. The hydroxyzine was October 27th. Flaz- flunazepam was into November 25. Fluoxetine was November. Lorazepam was the beginning of November, November 2nd. Buspirone. These were all pills that were issued on prescriptions in about a three-week period of time. Is that correct?
JOSEPH RABBITT: Yeah, whatever the dates are when they would've been prescribed.
MR. REDDINGTON: Okay. Would you say that Patrick Clancy was very cooperative with your investigation? Anything you needed, he was pretty much there to try to help you out?
JOSEPH RABBITT: I mean, I think I only dealt with him at the hospital, but he was very forthcoming.
MR. REDDINGTON: Okay. Thank you. That's all I have for you.
THE COURT: Commonwealth?
MS. BUCKINGHAM: Nothing further. Thank you.
THE COURT: Thank you, sir.
JOSEPH RABBITT: Your Honor.
THE COURT: Counsel. Commonwealth.