Commonwealth v. Read — Trial ArchiveColin Albert
Testimony Impact
Colin Albert is the nephew of Brian Albert, at whose Canton home John O'Keefe's body was found on January 29, 2022. He testified that he was at 34 Fairview Road that night for his cousin's birthday party, departing around 12:10 a.m. — corroborated by text messages with Allie McCabe — and briefly crossed paths with Brian and Nicole Albert arriving home as he left. His testimony spans five proceedings across two trial days, beginning with direct examination establishing his timeline and extending through cross, redirect, recross, and re-redirect as the defense challenged his credibility on multiple fronts.
Challenges & Responses
What attorneys challenged during examination and how the witness responded.
Albert's credibility was challenged on multiple grounds: he initially denied preparation meetings before acknowledging one with ADA Lally; defense counsel challenged his trial estimate that the threatening videos were from his sophomore year with his prior sworn answer placing them closer to his junior or senior year, and the later senior-year formulation in counsel's question did not establish a settled date; and he offered two different explanations for injured knuckles photographed weeks after O'Keefe's death — a fall on ice at trial versus hitting a heavy bag at an earlier proceeding. The defense also pressed him on the missing post-incident texts with Allie McCabe and his close personal ties to the lead investigator.
Notable Quotes From The Record
“From what I remember — my cousin Brian, Emily Fabiano, Sarah Levinson, and Kathryn Doody. From what I remember that night.”
Identifies who was present at 34 Fairview when he arrived, establishing the guest list during his visit.
“As I was walking out, I saw my Uncle Brian and my Aunt Nicole.”
Places Brian and Nicole Albert arriving home at approximately 12:10 a.m., a key timeline marker for the night's events.
“I just said I'm going home, my mom wants me home, I love you guys, bye.”
Describes his brief exchange with Brian and Nicole Albert as they crossed paths at the door — he leaving, they arriving.
“At 11:54 I texted Allie and said 'Can you get me now.' ... And then at 12:10 a.m. Allie wrote 'Here.' And at 12:10 a.m. I wrote back 'Okay, I'm coming.'”
Text message evidence corroborating his departure timeline from 34 Fairview Road.
“We text on other platforms too — I'd say other apps.”
Albert's explanation for the month-long gap in text messages with Allie McCabe after the incident, leading Jackson to raise Snapchat's auto-delete function.
“I was at a party — a house party, my senior year — and I remember it being icy out, and it was like a steep hill of a driveway, and I was walking up the driveway and I slipped, and I tried to catch myself, but I had something in my left hand, so I tried to brace myself with my right hand and I ended up sliding a little bit down the driveway.”
Albert's explanation for the injured knuckles visible in the Fenway Johnny's photo — Jackson challenges this by noting only the top of the knuckles were injured, consistent with punching rather than bracing a fall.
“I said 'I will [expletive] you up.'”
Albert acknowledges the words used in a threatening video. Jackson used the video to press an inference about violence; the quote itself does not establish a general violent tendency.
“It's a club hockey team.”
Identifies 'Advantage' as a hockey team, reframing the threatening videos as a sports rivalry dispute rather than evidence of general violent tendencies
“Never.”
Albert's flat denial that he ever threatened O'Keefe
“Yes.”
Albert confirms that 2021-22 was his senior school year.
“Maybe five, six times”
Minimizes relationship with lead investigator Trooper Proctor, countering defense implication of close ties
“Call, text, Snapchat, other apps, things like that”
Provides alternative explanation for the month-long iMessage gap with McCabe — multiple platforms, not deliberate evidence avoidance
“it was the girls in our friend group. A couple of the girls in our friend group hung out with them a few times, so like all my guy friends got a little salty about it, so that's why we kind of sent videos back and forth”
Frames threatening videos as trivial teenage drama over girls, not evidence of violent character
“people on Twitter, Instagram, social media were just coming at my family, calling us murderers, harassing us, showing up to our doorsteps, our sports games. I mean, we couldn't leave the house without people taking pictures of us”
Introduces online harassment narrative, potentially generating jury sympathy and explaining Albert's defensiveness on the stand
“Never. Nothing.”
Final emphatic denial of seeing O'Keefe at 34 Fairview Road — prosecution's core point to leave with the jury
Key Moments
- Albert produced text messages showing he texted Allie McCabe at 11:54 p.m. asking for a ride and received her 'Here.' reply at 12:10 a.m., providing documentary support for his precise departure time from 34 Fairview Road.
- During cross-examination, Jackson highlighted that Albert could recall the exact minute he left the house two and a half years earlier but could not remember details of a meeting with the prosecutor just one month prior — a contrast the defense used to suggest selective memory.
- Jackson presented videos of Albert making explicit threats of violence, directly undercutting Albert's claim that he had never been in a fight and had no violent tendencies; Albert acknowledged saying 'I will fuck you up' in the videos.
- The defense established a significant gap in text messages between Albert and Allie McCabe in the month following O'Keefe's death, with Albert attributing it to use of other platforms — leading Jackson to raise the possibility of deliberate deletion or use of auto-deleting apps like Snapchat.
- Jackson established that lead investigator Michael Proctor was a longtime family friend — Colin had been ring bearer at Proctor's wedding — a connection the defense presented as evidence of a compromised investigation centered on protecting the Albert family.