Person Brian Albert Trial 1Homeowner and witness on the overnight gathering at 34 Fairview Road. ← All People
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Brian Albert

Courtroom still of Brian Albert.

Homeowner and witness on the overnight gathering at 34 Fairview Road.

Trial 1
1,435 lines 4 proceedings

About

Brian Albert hosted family and friends at his home after a gathering at the Waterfall, where an invitation to the house had been discussed. He testified that neither John O’Keefe nor Karen Read entered the house that night. The defense argued that O’Keefe had entered the home and challenged the investigation’s failure to search it; Albert maintained that O’Keefe never came inside. On cross-examination, Albert acknowledged that the first part of an earlier sworn answer saying he had never met or seen Read was false, while maintaining that his following words, “Maybe once,” qualified it. He testified that he upgraded and traded in his phone around September 22, 2022. The parties stipulated that a preservation notice was sent to him on September 23 or 24, but did not stipulate that he received it; Albert disputed knowingly destroying data. Questioned about contact with prosecutor Adam Lally during a lunch break, Albert said Lally mentioned a possible topic for redirect examination but did not tell him how to answer.

Trial Record (4)

Trial 1 First Criminal Trial Apr 29, 2024 – Jul 1, 2024 4 proceedings

Day 9

Direct Brian Albert — Direct Examination Brian Albert Adam Lally 3 highlights 383 lines spoken
Summary

Brian Albert recounted the Waterfall gathering, events at 34 Fairview Road, and the early-morning police response; he testified that John O’Keefe and Karen Read never entered his house.

Highlights (3)
Quote

“I didn’t see that there was a reason to go out to that area. The police had already been in my house. They had already talked to us about what was going on. It was a snowstorm at that point. They were trying to conduct an investigation and I didn’t want to interfere with it or have anything to do with it.”

Albert explained why he did not go outside to the area where police were working that morning.

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Key Moment

Albert described the Waterfall gathering, the discussion of an open invitation to his home for his son's birthday, and his recollection that Higgins arrived at 34 Fairview before him.

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Day 10

Cross Brian Albert Cross-Examination Brian Albert Alan Jackson 4 highlights 956 lines spoken
Summary

Defense cross-examined Brian Albert on prior statements, the Waterfall and 34 Fairview Road, his phone upgrade, and calls with Brian Higgins.

Highlights (4)
Quote

“I don't know that the phone was locked. I could have been looking through my phone. I butt-dial people often and make inadvertent calls. I could have hit a last call from him by accident, thus calling his phone.”

Albert offered his explanation for the 2:22 a.m. call to Brian Higgins.

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Redirect Brian Albert Redirect Examination Brian Albert Adam Lally 1 highlights 65 lines spoken
Summary

Brian Albert addressed the basement, bulkhead, phone records, and again testified that John O'Keefe never entered his house.

Highlights (1)
Quote

“John never came into my house that night. He would have been welcomed, and the defendant would have been welcomed with open arms had they come in. And I wish they had. I really do.”

Albert reaffirmed his account that neither John O'Keefe nor the defendant entered his home.

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Recross Brian Albert Recross on Witness Preparation and Phone Preservation Brian Albert Alan Jackson 5 highlights 31 lines spoken
Summary

Brian Albert was questioned about witness preparation, a refreshed recollection of the preparation location, and the timing of his phone upgrade.

Highlights (5)
Quote

“I was just thinking about it in my head and reminded myself that it was the D.A.'s office. You caught me off-guard when you had asked me. I didn't have it at the top of mind.”

Albert explained how his recollection of the preparation location changed during the day.

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Quote

“He maybe mentioned one thing he may ask me, but that was it.”

Albert acknowledged that Lally mentioned a possible redirect topic during their lunch-hour conversation.

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Key Moment

Albert testified that the cell-phone reception issue came up during trial preparation and that he could not recall which preparation meeting, saying it was probably the last one.

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Key Moment

Albert said his memory that the preparation occurred at the district attorney's office had returned after he thought about it following his earlier inability to remember the location.

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Key Moment

Albert testified that Lally briefly mentioned a possible redirect question about the morning of the incident, including coming downstairs and why Albert did not go outside.

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Locations Touched By This Testimony