Commonwealth v. Read — Trial ArchiveNicole Albert
Testimony Impact
Nicole Albert is the wife of Boston Police Officer Brian Albert and co-owner of the house where John O'Keefe was found dying on the morning of January 29, 2022. She was present at the Waterfall bar with the group that evening and was at 34 Fairview Road when Jennifer McCabe woke her to report O'Keefe had been found in the snow. Her testimony covers the group's movements from the bar to her home, who was present and when they left, and her account of the morning discovery — all contested facts central to both the prosecution's and defense's theories of the case.
Notable Quotes From The Record
“I believe he had a hat on, some sort of just sweatshirt, jeans and sneakers.”
Describes O'Keefe's clothing at the Waterfall — no winter coat — relevant to his condition when found outside in a snowstorm.
“They never came into my home.”
Direct denial that John O'Keefe or Karen Read ever entered 34 Fairview Road — a central disputed fact in the case.
“I actually wasn't. I didn't — I think when I was in the other room with my husband and his friend, I had missed the conversations about Jennifer reaching out to John, or her texting him and him texting her about where we lived. I didn't even realize that that was happening, that they had any intention to come.”
Nicole claims she was unaware of any plan for O'Keefe to come to the house, distancing herself from the invitation.
“She came in, and my husband and I just kind of sat up in bed. She's saying, 'He's out in the snow. We found him out in the snow. We don't know if he's okay.'”
Describes Jennifer McCabe's arrival the morning O'Keefe was found, establishing the discovery timeline from Nicole's perspective.
“I did not get rid of my dog. I rehomed my dog.”
Nicole pushes back on the characterization of removing the family German Shepherd four months after O'Keefe's death, a dog the defense implies could be relevant to his injuries
“I don't remember exactly where they were.”
Nicole acknowledges she could not account for Brian Albert and Brian Higgins's location during the gathering, supporting the defense theory of unmonitored activity in the house
“I didn't mention Colin because I didn't consider him as part of the group that we were hanging out with after the Waterfall, because he left as soon as I walked in. I wasn't even — didn't even think of him. Didn't even think of him.”
Nicole's explanation for omitting Colin Albert from her police interviews — a key point for the defense's theory that the family concealed who was present
“She may have placed those phone calls to me, but I never answered them. I never spoke to her that morning.”
Nicole denies answering two calls from Jennifer McCabe at 6:07-6:08 AM despite Cellebrite records showing connected calls of 9 and 7 seconds
“I had called a bunch of shelters and they were pretty much telling me that it would be hard to rehome her — she was dog-aggressive and they would probably have to put her down. I didn't want to do that.”
Provides context for the rehoming decision, portraying it as responsible pet ownership rather than evidence concealment
“I — I don't know. It wasn't very long. Could be a couple minutes. I wasn't watching where everybody was and what everybody was doing.”
Minimizes the significance of Brian Albert and Brian Higgins being briefly out of Nicole's sight
“Not that I'm aware of.”
Albert's hedged denial about voicemails leaves open the possibility that McCabe left messages she didn't acknowledge.
“Yes, I believe I have.”
Albert's uncertain claim that she provided Chloe's location information to the Commonwealth, contradicting the defense's implication of non-cooperation.
Key Moments
- Nicole's flat denial that John O'Keefe or Karen Read ever entered 34 Fairview Road was among the most direct statements of the night's contested facts, directly contradicting the defense's theory that O'Keefe was beaten inside the house.
- Under cross-examination, Nicole was confronted with Cellebrite records showing two calls from Jennifer McCabe to her phone at 6:07 and 6:08 AM were logged as answered — calls Nicole insisted she never picked up — raising questions about her account of when she first learned O'Keefe had been found.
- The defense highlighted that Nicole had never mentioned Colin Albert to either Sergeant Lank or Trooper Proctor during her police interviews, despite him being present at the house that night; Nicole explained she didn't consider him part of the group they were socializing with after the Waterfall.
- Elizabeth Little established that Nicole's husband Brian Albert, a trained first responder, was lying beside her in their bedroom while emergency vehicles responded to a dying man in their front yard — and that neither of them went outside to help.
- Nicole's acknowledgment that she could not account for the whereabouts of Brian Albert and Brian Higgins during portions of the gathering provided the defense a foothold for its theory that the two men had unsupervised time with O'Keefe inside the house.