Person Sarah Levinson Trial 1Trial 2Sarah Levinson was a friend of Brian Albert Jr. who attended his birthday party at 34 Fairview Road on the night of January 28-29, 2022, and departed through the front door around 2 AM — walking past the area where O’Keefe’s body was later found. ← All People
🗣️ Witness

Sarah Levinson

Trial 1Trial 2
560 lines 6 proceedings 2 trials
Courtroom still of Sarah Levinson.

About

Sarah Levinson, a longtime friend of the Albert family, was among the guests at Brian Albert Jr.'s 23rd birthday gathering at 34 Fairview Road on the night of January 28-29, 2022. She testified about the home's layout, the guests, arrivals and departures, and conditions when she left with Jennifer and Matthew McCabe between 1:30 and 2:00 AM. She said that while walking down the front walkway she looked down at her feet and observed only the grass bordering the walkway, not the entirety of the front lawn; she also said she was not looking at the lawn as the car passed. On cross-examination, defense counsel used her nonobservations of a body and other items to advance a visibility-based challenge to the prosecution's timeline, but her testimony was limited to what she observed. She testified in both trials, covering substantially the same events.

Key Points

  • Levinson testified that she observed no one else enter after the group returned. On cross-examination, she agreed that she was not standing guard or logging entries and did not remember seeing Colin Albert arrive even though she later sat beside him. Her testimony was limited to whom she noticed, not proof that O'Keefe never entered.
  • On cross-examination, defense attorneys pressed Levinson on the central absence: she walked out the front door and down the walkway at approximately 2 AM — with adequate lighting and in the company of two others — and saw no body, no cap, no sneaker, and no taillight debris on the lawn where O'Keefe was found four hours later.
  • Levinson described Jennifer McCabe's phone being plugged in and charging nearby while McCabe checked it periodically throughout the evening, testimony relevant to the disputed timeline surrounding McCabe's communications and the Google search at issue in the case.
  • Defense counsel highlighted that law enforcement did not interview Levinson until approximately nine months after O'Keefe's death, using her case as an example of delayed witness contact — a recurring theme in the defense's challenge to the quality of the investigation.
  • In Trial 2, Alan Jackson established that Levinson had spoken with Julie Nagel about the subject matter of their upcoming testimony before being interviewed, and that despite visiting 34 Fairview Road more than twenty times, she had never encountered the Albert family dog Chloe — a detail that drew on prior Trial 1 testimony.

Trial Record (6)

Trial 1 First Criminal Trial Apr 29, 2024 – Jul 1, 2024 3 proceedings

Day 11

Direct Sarah Levinson Adam Lally 4 highlights 165 lines spoken
Summary

Levinson described the gathering at 34 Fairview Road, testified that no one else entered while she was there, and said she could not see the house or lawn after leaving.

Highlights (4)
Quote

“When she was speaking to me, I looked at her. Once she said what she said, I looked the other way to the window.”

Levinson explained the sequence of her attention while the vehicle was already past 34 Fairview Road.

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Cross Sarah Levinson David Yannetti 2 highlights 161 lines spoken
Summary

Levinson described limits in her memory of arrivals and departures, qualified prior testimony about visibility, and said she was not looking as the McCabe car passed the front lawn.

Highlights (2)
Redirect Sarah Levinson Adam Lally 2 highlights 11 lines spoken
Summary

Levinson clarified that she observed only the grass beside the front walkway when leaving 34 Fairview and explained why she declined a defense interview.

Highlights (2)
Quote

“When I walked out of the front door, I went down the steps of the stoop and I looked in front of me, like down, not straight. So it would be the grass that borders the front walkway.”

Clarifies the limited area Levinson observed while leaving the house.

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Trial 2 Retrial Apr 22, 2025 – Jun 18, 2025 3 proceedings

Day 9

Direct Sarah Levinson Hank Brennan 4 highlights 163 lines spoken
Summary

Sarah Levinson testifies about attending Brian Albert Jr.'s birthday party at 34 Fairview Road on the night of January 28, 2022, describing the layout, guests, timeline, and conditions when she left.

Highlights (4)
Quote

“It was cold, but it wasn't raining or snowing or anything.”

Establishes no precipitation when she arrived between 7-8 PM, contrasting with conditions when she left.

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Quote

“Like I don't know, a dusting, or I could still see like some little pieces of grass like sticking out of it. Um, but it was pretty much like the walkway and everything was white.”

Documents snow accumulation at departure time (1:30-2:00 AM) — light enough that grass was still visible.

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Quote

“I was wearing shoes that didn't really have traction, so I was looking at my feet.”

Explains why she did not observe the front lawn area when leaving — she was focused on not slipping.

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Cross Sarah Levinson Alan Jackson 3 highlights 54 lines spoken
Summary

Alan Jackson cross-examines Sarah Levinson about her familiarity with the Albert home, her observations leaving 34 Fairview Road, and the nine-month delay before law enforcement interviewed her.

Highlights (3)
Quote

“I didn't notice anything. I wasn't looking out at the flag pole.”

Levinson qualifies her observation — she didn't see anything unusual but wasn't actively looking, limiting the value of her negative observation.

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Quote

“A state trooper, Michael Proctor.”

Identifies Trooper Proctor as the interviewer nine months after the incident, reinforcing the delayed and narrow investigation.

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Quote

“Somewhat.”

Levinson acknowledged discussing the interview's subject matter with Julie Nagel somewhat beforehand after denying interview preparation, recording limited pre-interview contact rather than establishing coordination.

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Locations Touched By This Testimony