Day 10 - May 13, 2024

Before the jury entered on Day 10, the defense sought to show a short, silent video depicting access from a bulkhead to the yard. The Commonwealth objected on relevance grounds, arguing that no witness placed John O'Keefe in the house or near the bulkhead. The defense offered a proffer that Ryan Nagel and Heather Maxon would testify that O'Keefe was no longer in Karen Read's SUV when Nagel and Maxon looked inside as they left the area, supporting the defense theory that he had been inside the house. The judge described the proposed third-party-culprit theory as speculative but allowed counsel to explore it, admitted the video, noted the objection, and required authentication.

Defense counsel Alan Jackson cross-examined Brian Albert about his trial preparation, prior sworn accounts concerning Karen Read, the January 22 Hillside gathering, the Waterfall video, and who was at 34 Fairview Road. Albert acknowledged that part of an earlier statement saying he had never met or seen Read was false, while maintaining that the rest of his statement qualified it. The defense introduced photographs and a video showing the basement bulkhead and route to the front yard, questioned Albert about the house, its occupants, Chloe, and the early-morning response, and examined his calls with Brian Higgins. After a jury-out voir dire, the parties stipulated that the Commonwealth sent Albert a phone-preservation notice on September 23 or 24, 2022; Albert testified that he had upgraded and traded in the phone around September 22 and disputed knowingly destroying data.

On redirect, Brian Albert addressed issues raised on cross-examination concerning the Waterfall, his home at 34 Fairview Road, the basement bulkhead, cell service, and phone records. He testified that he did not enter the basement or see anyone else do so after returning from the Waterfall, described the bulkhead and its locked interior door, and said the call-log material appeared selective. The judge sustained several defense objections to questions about what Albert understood had happened outside the house and struck part of his answer about prior phone-access orders. Albert again testified that John O'Keefe never entered his house that night.

Defense counsel questioned Brian Albert about preparation meetings with Adam Lally, including a discussion of cell-phone reception and Albert's changed recollection that the meeting occurred at the district attorney's office in Canton. Albert said he and Lally spoke briefly during lunch, that Lally mentioned a possible redirect question about the morning of the incident, and that Lally did not tell him how to answer. Albert also testified that he had upgraded his phone before the preservation order he described.

Brian Albert Jr. described his birthday gathering at 34 Fairview Road, the friends and family members who came and went, and the first-floor areas where the group gathered. He testified that he saw Julie Nagel's brother's truck and an unfamiliar dark SUV outside during snowfall; on a later look, the SUV had moved closer to the flagpole, with tracks visible in the snow. The court admitted four exterior photographs of the house as Exhibits 70 through 73. He also testified that neither John O'Keefe nor Karen Read came inside the house while he was there that night.

Defense counsel questioned Brian Albert Jr. about the delayed police interview, family and Snapchat communications, and his observations at 34 Fairview Road. Albert said he was unsure whether Brian Higgins was present when he looked out the window and agreed that his conclusion about Higgins leaving before his father went upstairs was an assumption. Albert agreed that nighttime lighting and visibility allowed him to see tire tracks, but said he did not see a man on the front lawn. He also testified that he felt anxious and overwhelmed by the police presence on the morning of January 29 and did not recall looking outside.

Caitlin Albert described meeting family members, John O'Keefe, and Karen Read at the Waterfall before returning with her parents to 34 Fairview Road. She testified that the group socialized in the kitchen and dining area, that snow was falling, and that neither O'Keefe nor Read entered the home while she was there. The judge limited several answers to Albert's own observations after defense objections.

Caitlin Albert said Trooper Proctor interviewed her in August 2023, after she testified at a May 2023 hearing. The defense questioned her relationships with Brian Higgins, Katie McLaughlin, and Courtney Proctor, then sought to use photographs to challenge her description of her relationship with Katie McLaughlin. At sidebar, the judge limited further questioning on that subject and did not permit the photographs on the showing then before the court. Albert also testified that she was not monitoring Colin Albert after greeting him and did not see him leave 34 Fairview.