Commonwealth v. Read — Trial ArchiveBrian Albert Jr
544 linesJUDGE CANNONE: Thank you. Your next witness, Mr. Lally?
MR. LALLY: Yes, I'll call Brian Albert Jr. to the stand.
JUDGE CANNONE: Okay. Your honor, with the court's permission, the papers that were left up there with the last witness — I don't think they're marked as anything — I just —
COURT CLERK: Step right up here. Stand and face the court. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you?
MR. ALBERT: I do.
JUDGE CANNONE: Thank you. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you. Good afternoon, sir.
MR. ALBERT: Good afternoon.
MR. LALLY: Would you please state your name and spell your last name?
MR. ALBERT: Uh, my name is Brian Albert Jr., and it's A-L-B-E-R-T.
MR. LALLY: And where do you live, sir?
MR. ALBERT: I live currently in Norwood, MA.
MR. LALLY: And how long have you lived in Norwood?
MR. ALBERT: Um, I believe since last — I think it's about a year since last May.
MR. LALLY: And prior to moving to Norwood, where did you live?
MR. ALBERT: I lived in Canton.
MR. LALLY: And where specifically in Canton?
MR. ALBERT: Uh, 34 Fairview Road.
MR. LALLY: And how long was it, sir, that you lived at 34 Fairview Road?
MR. ALBERT: I'm going to guess, but I'm going to say maybe about 10 years.
MR. LALLY: And how old are you now, sir?
MR. ALBERT: I'm 25.
MR. LALLY: And with respect to both where you live in Norwood and where you lived in Canton — with anyone? Did you live there with anyone?
MR. ALBERT: Well, when I lived, um, in — and I lived at one point with my four siblings, um, but then some of them moved out. Um, and then in Norwood now it's basically just me and my parents, and two of my siblings are at school, um, so they come home in the summer and stuff.
MR. LALLY: And by your parents, your father's name is Brian Albert as well?
MR. ALBERT: Correct. Yes.
MR. LALLY: And your mother's name is Nicole?
MR. ALBERT: Yes.
MR. LALLY: Now, um, you work, sir?
MR. ALBERT: Yeah, I do. I work in IT.
MR. LALLY: And how long have you been doing that?
MR. ALBERT: Um, that job will be a year — um, maybe a year in August, I believe.
MR. LALLY: Sir, if I could turn your attention to the time frame of January 28th, 2022, into January 29th, 2022 — you recall that specific time frame?
MR. ALBERT: Yes, I do.
MR. LALLY: And the 28th and the 29th — you know roughly what days of the week that was?
MR. ALBERT: Um, maybe Friday and Saturday, I believe.
MR. LALLY: And with respect to the 28th and the 29th, what significance, if any, do those dates have?
MR. ALBERT: Yeah, so the 29th is my birthday. Um, the 28th was the day before my birthday, obviously. So I had, um, a few friends over for my — from my birthday.
MR. LALLY: And you recall how old you were turning on the 29th, 2022?
MR. ALBERT: Um, that was — what — two years ago? So I'd be — 23. 23, I think. Yeah, 23.
MR. LALLY: Now, in the week leading up to that weekend, what, if any, plans did you have with respect to sort of the night before and the night of your birthday?
MR. ALBERT: Yeah, so um, I was kind of up in the air. I didn't know if I wanted to go out. Um, I'm kind of a homebody person, I like to stay at home. Um, so I was kind of up in the air. So my plan was to have some of my friends over to my house, um, we would eat, have a couple drinks, and then I would decide then if I wanted to go out locally in Canton or not. So that was my plan. Um, and then a few days before, that's when we found out that the snowstorm was actually going to happen, because, you know how it always — they always say it's going to snow and it never does. Um, so then that kind of threw a wrench in it, but I was kind of like, "Well, we'll see what happens." Um, and so we went along with the plan.
MR. LALLY: And that particular evening of January 28th, um, at some point people came over to your house? Is that correct?
MR. ALBERT: Yes.
MR. LALLY: And about what time was it that your friends first started coming over?
MR. ALBERT: Um, I would say my friends first arrived probably around 7:30 p.m.
MR. LALLY: And who were the first of your friend group that came to your house that night?
MR. ALBERT: The first two were Sarah and Julie.
MR. LALLY: And just for the record, Sarah's last name is what?
MR. ALBERT: Levinson.
MR. LALLY: And Julie's last name is?
MR. ALBERT: Nagel.
MR. LALLY: And with respect to them coming over to your house, was there anyone else from your household or your family or anybody else that was present when Sarah and Julie stopped by?
MR. ALBERT: Um, I believe when they first got there my mom was still at the house. She hadn't left yet to go, um, out where she was going.
MR. LALLY: You know where she was going that night?
MR. ALBERT: I believe she was going to the Waterfall Bar & Grille.
MR. LALLY: You know who she was going there with?
MR. ALBERT: Yes. She got picked up by my Aunt Julie.
MR. LALLY: Now, Miss Levinson and Miss Nagel — how long have you known them?
MR. ALBERT: Um, I've known them I would say since high school. I think I was a sophomore and they were — they're a year older than me, they were a junior. So probably a good seven, eight, nine, ten years in between.
MR. LALLY: And when they came over to your house, what was it that you did?
MR. ALBERT: Um, well, we were just hanging out. I had a few more friends who were on their way, so they came after — probably around 8:00, I would say 8:15 — they were there. Um, and we were just all hanging out, listening to music, we ate some food, um, I think we played some card games. Um, just normal hangout stuff.
MR. LALLY: And over the course of this evening, did yourself and your guests — did you also have some alcohol?
MR. ALBERT: No — yeah, people were drinking, yeah.
MR. LALLY: Recall generally speaking what people were drinking?
MR. ALBERT: Uh, mostly, like, seltzers — like White Claws or Trulys and stuff like that.
MR. LALLY: Now, you mentioned that some other friends came about a half hour or so after Julie and Sarah arrived? Is that correct?
MR. ALBERT: Yes.
MR. LALLY: And who are they?
MR. ALBERT: Um, do you want their full names or — please?
MR. LALLY: Please.
MR. ALBERT: Okay. Um, they are — Kathryn Doody, um, Kathryn Doody — trying to think — Emily Fabiano, Courtney Alba, um, and I think that's it that I can recall as I sit here.
MR. LALLY: And with respect to those other friends, how did you know them? How long did you know them?
MR. ALBERT: Um, I knew everyone from school. We all went to high school together. So the other ones were in my, um, grade, so we were closer friends, 'cause they were in my grade, so I've known them for a long time.
MR. LALLY: And just to be clear, when you say "from school," you're talking about high school?
MR. ALBERT: High school. Yes.
MR. LALLY: You went to Canton High School? Is that right?
MR. ALBERT: Yes, I did.
MR. LALLY: Now, um, with respect to having your friends over, where — sort of within the house — were you all hanging out?
MR. ALBERT: Um, we would all just kind of hang out, um, probably — I would say mostly in the dining room, um, the dining — ...room and the kitchen were kind of like one big open space, so we would be like in the kitchen or the dining room. And sometimes I think we may have walked into like the family room area, sat down for a little bit. But mostly it was just the dining room and the kitchen.
MR. LALLY: And the family room area — is that visible from the kitchen-dining room area?
MR. ALBERT: There's a wall, but there is a doorway — a door frame — so you can't see all of the family room, but you can see a good amount of it, yeah.
MR. LALLY: And as far as your respective friends that you were testifying about having over your house that night, do you have any idea how they got there?
MR. ALBERT: No, I don't know. None of them drove, I know that, so I would assume that they got dropped off by someone, but I don't know who.
MR. LALLY: So there wasn't like a pile of cars out in front of your house at any point during the evening?
MR. ALBERT: No, there wasn't.
MR. LALLY: Now, later on that evening, who, if anyone else, came by the house?
MR. ALBERT: Well, my cousin Colin arrived at the house at some point. And then my mom and my dad and them came back from the Waterfall back to the house at some point as well.
MR. LALLY: Now with respect to your cousin — his last name is Albert as well?
MR. ALBERT: Yes.
MR. LALLY: How is he related to you?
MR. ALBERT: He is my first cousin. He's my dad's brother's son.
MR. LALLY: And his father would be Christopher Albert, is that correct?
MR. ALBERT: Yes.
MR. LALLY: Older, younger — is Colin younger than you?
MR. ALBERT: Yes, he is.
MR. LALLY: About how old was Colin around this time?
MR. ALBERT: Maybe 17, I think.
MR. LALLY: So was he in high school around this time?
MR. ALBERT: I would assume so, yes.
MR. LALLY: And if you recall, how was it that Colin came over to your house that night? Did he reach out to you, or did you reach out to him?
MR. ALBERT: I don't exactly recall how he — I don't know how he knew that I was at my house, but at some point he did call me and said, "Oh, are you still at your house?" And I said yes, and he said, "Do you mind if I come by?" And I said no — of course, you're welcome to come by.
MR. LALLY: And with regard to earlier — when you indicated that your mother went out to the Waterfall — she went out with Julie, correct? And that's your aunt?
MR. ALBERT: Yes.
MR. LALLY: I'm sorry, I asked you about three different questions.
MR. ALBERT: No, it's all right.
MR. LALLY: As far as Colin is concerned, Julie is Colin's mother?
MR. ALBERT: Yes.
MR. LALLY: Do you recall about what time it was that Colin came by?
MR. ALBERT: I don't recall exactly. I would say maybe closer to 10:45, 11 p.m.
MR. LALLY: And as far as the other people at the house — the women that you had over — did Colin know any of them that you knew of?
MR. ALBERT: Yeah, Colin knew some of them just from being in the same town. And Colin's older brother is just one year older than me, so Colin's brother is in the same grade as some of the girls that were there, so that's how he knew them.
MR. LALLY: And just to be clear, Colin's older brother was also named Al?
MR. ALBERT: Yes.
MR. LALLY: And when Colin came over to the house, as far as the things that you were describing — the hanging out — is that essentially what continued after Colin's arrival?
MR. ALBERT: Yeah, he was just another addition. We just were continuing to do the same stuff, hanging out.
MR. LALLY: Now with respect to within the home — you've mentioned sort of the kitchen and dining area and the family room — were there any other areas of the house that anybody went to during the course of the evening?
MR. ALBERT: Not to my knowledge. There's a bathroom, but it's just off the kitchen, so I assume the bathroom. But that's really it. We didn't go anywhere else than the first floor area.
MR. LALLY: So mainly on the first floor, is that correct?
MR. ALBERT: Yes.
MR. LALLY: Did you see anybody at any time go down to the basement?
MR. ALBERT: No.
MR. LALLY: Did you see anybody at any time go upstairs?
MR. ALBERT: Not to my knowledge, no.
MR. LALLY: Now, you mentioned that at some point your parents and some people that were at the Waterfall came to your house. Is that right?
MR. ALBERT: Yes. So first, a group of my friends had left my house, and I think that was probably around — they were only there for a few minutes while Colin was there — so I would say probably around 11, 11:10, a few select people left the house to go home. So at that point it was just me, Colin, Julie Nagel, and Sarah Levinson at the house until my parents arrived.
MR. LALLY: So Courtney, Katherine, and Emily would have left at some point shortly after Colin arrived?
MR. ALBERT: Yes.
MR. LALLY: And when your parents came home, do you recall about what time that was?
MR. ALBERT: I would say that would be right around midnight — maybe 12:05, 12:10-ish in that area.
MR. LALLY: And just turning back to Colin for a second — do you know how Colin came to be at your house, like if he was dropped off?
MR. ALBERT: I know he didn't drive there, but I would assume he got dropped off. He didn't say how he got there, though.
MR. LALLY: So we'll strike that — you don't know how he got there. Okay. And as far as the order of people that arrived back at your home — who were the first people to arrive back from the Waterfall?
MR. ALBERT: The first people to arrive were my mom, my dad, my sister Caitlin, and my dad's friend Brian Higgins.
MR. LALLY: And prior to that evening of January 28th, had you met Mr. Higgins before?
MR. ALBERT: I don't recall ever meeting him. I could have met him in passing, but I don't ever formally remember meeting him.
MR. LALLY: Did you recall ever seeing him at your house at Fairview Road?
MR. ALBERT: No, I don't think he'd ever been there, not that I recall.
MR. LALLY: And as far as Colin was concerned, when your parents and your sister and Mr. Higgins arrived, when, in relation to that, did Colin leave the house?
MR. ALBERT: Colin was getting up and leaving as they were coming into the house.
MR. LALLY: And similar to before — do you know how Colin left your house, whether he drove or was picked up or anything?
MR. ALBERT: Yeah, he was sitting at the table and I was actually sitting right next to him, and he stood up and said, "I'm leaving — Allie's picking me up." So I knew who Allie was because she's my cousin.
MR. LALLY: And what is Allie's last name?
MR. ALBERT: McCabe.
MR. LALLY: And she's your cousin as well, is that correct?
MR. ALBERT: Yes. She's — she's not Colin's cousin. She's my cousin on my mom's side.
MR. LALLY: And so Colin would be your cousin on your father's side?
MR. ALBERT: Yes.
MR. LALLY: And following your father, your mother, your sister, and Mr. Higgins's arrival at the home, where did they congregate within the home?
MR. ALBERT: In the same area — in the dining room, in the kitchen area. My mom got home and I know she went right to cleaning because she likes to clean, so she was in the kitchen picking up. And yeah, we were all just in that one area.
MR. LALLY: And following their arrival back at the home, who, if anyone else, showed up at your home that particular evening?
MR. ALBERT: And then I would say maybe 10 minutes later, my Auntie JJ — well, her name is Auntie Jen, but I call her JJ — and Uncle Matt arrived at the house.
MR. LALLY: Your Auntie JJ and your Uncle Matt — what is their last name?
MR. ALBERT: McCabe.
MR. LALLY: And was that arrival before or after Colin had left?
MR. ALBERT: Colin had already left at that point, yes.
MR. LALLY: And so the Allie that Colin was picked up by — what, if any, relationship does she have to your Auntie JJ?
MR. ALBERT: That's their daughter.
MR. LALLY: Now, throughout the course of the evening — well, let me ask you this. As far as when was it that the last person who didn't live at your house on Fairview Road — when was it that the last person left?
MR. ALBERT: I couldn't tell you the time. Well, the last people to leave were Auntie JJ, Uncle Matt, Sarah, and Julie. I don't know exactly what time that would be. I can't even guess, I don't know.
MR. LALLY: And you mentioned your sister Caitlin was —
MR. ALBERT: Oh, yes, I'm sorry. I was just thinking of her as my sister, like, a sibling. So she didn't live in the house, so she was the last person to leave, and prior to her leaving is when Auntie JJ, Uncle Matt, and —
MR. LALLY: Yes?
MR. ALBERT: Yeah.
MR. LALLY: So with respect to after your Aunt JJ and your Uncle Matt arrived at the house, who, if anyone else, came by the house that you were aware of?
MR. ALBERT: No one.
MR. LALLY: Well, let me ask it this way — as far as anybody else following them, did they actually physically come into the house?
MR. ALBERT: No one else came into the house after that, no.
MR. LALLY: And at some point, were you made aware of someone out in front of your house?
MR. ALBERT: I saw someone outside of the house, yes — a car.
MR. LALLY: What sort of drew your attention to the front area of the house?
MR. ALBERT: So at some point my friend Julie stood up and said, "Oh, my brother's outside." Her brother was there to pick her up. And someone made a comment —
MR. LALLY: Not what they said — what happened.
MR. ALBERT: Oh, okay. She went outside to talk to her brother. So I looked out the window at that point, and she was outside talking to her brother. His truck was there, and I saw another car there as well.
MR. LALLY: And with respect to your friend Julie Nagel's brother, what is his name?
MR. ALBERT: His name is Ryan Nagel.
MR. LALLY: And if you recall, the time that Julie gets up and goes outside to talk to her brother, where were you within the house?
MR. ALBERT: I was still sitting at the dining room table.
MR. LALLY: And with regard to that area of the dining room table, how is it that you were able to see out in front of the house?
MR. ALBERT: There are two windows there, so I just turned around and looked through the blinds.
MR. LALLY: And when you look through the blinds, what is it that you saw out in front of your house at that time?
MR. ALBERT: So I saw a truck, which was Julie Nagel's brother's truck I believe, and that was a little ways — almost like in front of the driveway of the house. And then a little ways in front of it, there was another car that I didn't — I hadn't — recognized before. It was a dark SUV, and that's all I knew about it and could see about it.
MR. LALLY: Now, similar to yourself, with anyone else from the group of people either in the kitchen or in the house — did you observe anyone near a window or door that was looking out?
MR. ALBERT: I believe my Uncle Matt McCabe noticed the car outside as well.
MR. LALLY: And with respect to the dark SUV that you didn't recognize, and what you thought was Julie Nagel's brother Ryan's truck — was there anything in between the truck and the dark SUV that you saw outside?
MR. ALBERT: Not to my knowledge. I didn't see anything. No.
MR. LALLY: And as far as the weather, when you looked outside, what — — if anything did you know about the weather?
MR. ALBERT: It was definitely snowing. I wouldn't know how many inches, but I would say a good inch or two of snow at that point.
MR. LALLY: With regards to being out in front of your house, those two vehicles — do you recall which direction they were facing?
MR. ALBERT: Yeah, they were both facing in, going up Fairview towards Cedarcrest.
MR. LALLY: So — let me ask it probably in a better way. As far as what was facing towards your house, was that the driver's side or the passenger side of each of the vehicles?
MR. ALBERT: That would have been the passenger side. And that's with respect to both — — vehicles. Is that correct?
MR. LALLY: Yes. Now at any point in time during the time that these vehicles were out in front of your house, do you recall anything, or any sort of noises coming from the front of your house that drew your attention?
MR. ALBERT: No. I didn't hear anything. No.
MR. LALLY: And as far as looking out the windows and seeing these vehicles in front of your house — how many times did you look?
MR. ALBERT: I believe I looked one time, and then I think I looked out one more time after that.
MR. LALLY: And as far as your friend Julie — if you know — about how long was she out in front of your house at that time?
MR. ALBERT: I would say not more than five minutes, more likely — — about three or four minutes she was outside.
MR. LALLY: And when did you see her outside in relation to the truck as well?
MR. ALBERT: Yeah, I saw her at the passenger door of the truck.
MR. LALLY: Now, that vehicle that you observed — that you didn't recognize, the darker black SUV — was that vehicle in one place or more than one place during the time you looked out the window?
MR. ALBERT: Yeah, so the first time I looked, I would say it was closer towards the mailbox — a little bit in front of the mailbox — and then the second time, the last time I looked out the window, it had moved further down, closer to — I'll say — the flagpole. So closer that way. It went — — down that way towards the flagpole.
MR. LALLY: So closer to — there's an area in the front of your yard where there's flagpoles? Is that right?
MR. ALBERT: Yes.
MR. LALLY: Now as far as when it moved — as far as the weather and the snow was concerned — could you see anything in relation to the roadway behind the SUV, once it had moved from that initial position to the following position by the flagpole?
MR. ALBERT: Yeah. I had noticed just some tracks in the snow indicating that the car had moved — — up.
MR. LALLY: Now, your friend Julie — did she take that ride home with her brother Ryan at that time?
MR. ALBERT: No. She came back in the house.
MR. LALLY: And as far as your friends Julie and Sarah that were still at the house when people from the Waterfall came home — do you know how they happened to go home on that particular evening?
MR. ALBERT: Yes. My aunt JJ McCabe and Matt McCabe drove them home.
MR. LALLY: Do you have any idea about what time that was?
MR. ALBERT: I'm not really sure. I'd be guessing. I would say maybe one, one-something, maybe.
MR. LALLY: Now with respect to your sister Caitlin, who you indicated was the last person to leave the home that evening — is that correct?
MR. ALBERT: Yes.
MR. LALLY: And were you awake or downstairs —
MR. ALBERT: I don't know if I was downstairs when she actually left, but I was down there for a minute when she was the last one present at the house with my mom.
MR. LALLY: And do you know how she was leaving the house that night, or how she was getting home?
MR. ALBERT: Yeah. I believe her boyfriend was picking her up.
MR. LALLY: What's her boyfriend's name?
MR. ALBERT: Tristin Morris.
MR. LALLY: Sir, if I could turn your attention to the following morning. At some point you went to bed — do you know about what time it was?
MR. ALBERT: I would say — late, late one, early two in the morning.
MR. LALLY: And your bedroom is on the second floor of the house, is that —
MR. ALBERT: Yes, it is.
MR. LALLY: With respect to — how many bedrooms are up on the top floor?
MR. ALBERT: Four, four I believe.
MR. LALLY: And with respect to your bedroom — where was that in relation to the layout?
MR. ALBERT: My bedroom would have been the middle back of the house. So I had two windows, but they were in the backyard of the house.
MR. LALLY: So the two windows from your bedroom face the backyard area?
MR. ALBERT: Yes.
MR. LALLY: Now at any point in time after you went up to your room — same question as before — were there any noises or anything that drew your attention outside of the home at any point prior to waking up?
MR. ALBERT: No. I didn't hear anything.
MR. LALLY: And if you know — about what time was it that — — you woke up later on that morning?
MR. ALBERT: I can't recall the exact time. I'd say maybe — I know previous testimony I may have said earlier, but I don't believe it was that early. I would say 7:30, 8 a.m.
MR. LALLY: What was it that woke you up that morning?
MR. ALBERT: My dad had knocked on my door.
MR. LALLY: And — without anything specifically that you talked about following that conversation — where did you go?
MR. ALBERT: I threw on some clothes and I went downstairs into the main first floor of the house.
MR. LALLY: When you came downstairs into the main first floor area of the house — who, if anyone, did you see?
MR. ALBERT: Yeah, so when I went down there it was my mom, my dad — — my Aunt Jen and my Uncle Matt.
MR. LALLY: And about how long were you down in that area of the home?
MR. ALBERT: The first time I went down there, I would say I was down there for maybe fifteen minutes or so.
MR. LALLY: You say the first time you went down — were there subsequent times after that?
PARENTHETICAL: [sidebar — partially inaudible]
MR. ALBERT: Yes. I went back up into my room after I was down there the first time, and then I came back down downstairs, and at that point there was no one there besides me and my parents.
MR. LALLY: And that second — or subsequent — time that you came downstairs that morning — do you know about how long it was after the first time?
MR. ALBERT: I would say maybe an hour and a half, two hours — — maybe.
MR. LALLY: Now with respect to your birthday — as far as what, if any, sort of ritual or thing do you have with regard to your Aunt Julie?
MR. ALBERT: Oh yes. So my aunt likes to get me donuts. It started — I don't even know — probably when I was in middle school. I used to really like donuts, so every birthday she would give me six donuts in a box and a card. And that was just our ritual. She would bring it over every time it was my birthday.
MR. LALLY: And did you get those — the donuts and the card and everything — at some point on that particular morning?
MR. ALBERT: Yes. I believe that when I went downstairs the first — — time, the donuts and the card were there already. So I had known that she had come by and dropped them off for me.
MR. LALLY: Did you physically actually see your Aunt Julie on that particular morning?
MR. ALBERT: No. I didn't see her.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Sir, I'm going to show you a series of four photographs. I just ask you to look at those. Just generally speaking, do you recognize what's depicted in those photographs?
MR. ALBERT: Yes. This is my old residence at 34 Fairview Road.
MR. LALLY: Is that correct?
MR. ALBERT: Yes.
MR. LALLY: And generally speaking, is what's depicted in those photographs a fair and accurate portrayal of what the house looked like around that time?
MR. ALBERT: Yes.
MR. LALLY: Can I approach again?
JUDGE CANNONE: Yes.
MS. LITTLE: No objection.
JUDGE CANNONE: Okay. May return to the witness stand. Marked as Exhibits 71 and 72.
MR. LALLY: Your Honor, with the Court's permission I would ask that those photographs be published. Miss Gilman?, if I could first have — I believe it's 2596. Sir, what's up on the screen — is that what you have before you? I believe it should be Exhibit 71.
MR. ALBERT: Probably, yes. That's the same.
MR. LALLY: And again — do you recognize what's up on the screen now?
MR. ALBERT: Yes, I do.
MR. LALLY: Now before I get into the photograph, there is one other question that I want to ask. As far as the tenor and demeanor of that evening — how would you describe it, from when your friends were there to the time that the folks came back from the Waterfall? How was the mood?
MR. ALBERT: Cheerful, fun. Everyone was having a great time.
MR. LALLY: Any fights, any arguing, anything else that you noted with regard to that?
MR. ALBERT: No, not at all.
MR. LALLY: I believe, sir, there should be a laser pointer on the desk — front button on top.
MR. ALBERT: Yeah.
MR. LALLY: Now with regard to the front area of your house at 34 Fairview Road where you lived — there are basically two doors on the front of the house, correct?
MR. ALBERT: Yes.
MR. LALLY: And if you could just use the laser to direct the jury's attention to where in the photograph you observe each of those two —
MR. ALBERT: Okay. So this would be the first door right here, and this is the second door. And the first door sort of further — away from the driveway — is that sort of front door area of the home?
MR. LALLY: Yes that's the front door and the other door where does that lead
MR. ALBERT: Um that side door leads just right into the family room
MR. LALLY: And as far as around this time of January on this evening um where were people sort of coming in and going out of the house
MR. ALBERT: Um I don't know um I couldn't tell you specifically I think some people use both doors
MR. LALLY: And what we're calling sort of the front door area — sort of the one closer to the garage — leads into the living room is that correct
MR. ALBERT: Uh yes
MR. LALLY: So the front door further away from the garage where does that lead
MR. ALBERT: Um that's like a foyer um area and then if you take a right it leads you to the dining room kitchen and then keep going into the family room
MR. LALLY: Now if you don't take a right and go into the kitchen and the dining room and the family room — sort of go straight — where does that reach
MR. ALBERT: Um well you can't really go straight — if you walk in a little ways to the left there's a set of stairs that go upstairs um and you can go straight a little bit and then to your left again the stairs that go downstairs into the basement
MR. LALLY: Now in addition to you your mother your father — around this time in January 2022 did you have a pet as well
MR. ALBERT: Uh yeah we had a dog Chloe
MR. LALLY: Yes about how long at that point had you had her
MR. ALBERT: Um we had her for um a few years — I don't know exactly how many years but a few years
MR. LALLY: Now on that night specifically of January 28 leading into the 29th did you do anything as far as letting Chloe out to the bathroom or anything like that
MR. ALBERT: Yeah so um the dog was actually upstairs um in my parents' bedroom — she likes to um sleep up there and stay up there um so she was upstairs when my friends were downstairs um and at one point after my dad came home um it was asked if someone had let the dog out and I said sorry I forgot because it was my responsibility um because I was the only one home — so he went upstairs to get the dog um got the dog brought her downstairs let her outside
MR. LALLY: And so when someone would let Chloe outside around this time describe that process — as far as would it be leisurely — how would that go
MR. ALBERT: Yeah so we had a fenced-in backyard um so we just kind of let her through the back door and open the door and she was able to run around out back
MR. LALLY: You ever let her out — do they typically stay at the back
MR. ALBERT: Yeah we stay around the kitchen area yeah
MR. LALLY: And Miss Gilman if I could have the uh the next photo up on the screen — 2593 — so the next exhibit would be number 72 — is that what's up on the screen — is that what you have before you sir
MR. ALBERT: yes
MR. LALLY: Now if you could — with regard to this photograph you were mentioning something about a flagpole in the area of your front yard is that correct
MR. ALBERT: yeah
MR. LALLY: And if you could direct — now with respect to this photograph that's up on the screen right now um Julie Nagel's brother Ryan — you could direct the jury's attention to — where was he about
MR. ALBERT: He would have been uh more this way so the photo doesn't show it all but he would have been more in front of the driveway over here
MR. LALLY: And that first time that you looked out the window where was the dark SUV
MR. ALBERT: Um I believe that was right around the mailbox area right about right here
MR. LALLY: And then again if you could — the second time you looked out where had it moved
MR. ALBERT: Um it was more down this way on the side of the road
MR. LALLY: Now if you — as far as the windows that you're talking about — the kitchen area that you were looking out of — are those in this photograph as well
MR. ALBERT: Uh yes I do — those are about right — those two right there
MR. LALLY: If I may have the last photograph — yes and again this is another photograph of the front area of your home around the time of January
MR. ALBERT: yes
MR. LALLY: As far as the flagpole in this particular area that's the left center of the screen is that correct
MR. ALBERT: yes
MR. LALLY: Now in between the time that you saw that SUV that you didn't really recognize in the area of the mailbox and then further down — did you see it at any other points moving along
MR. ALBERT: Um no I just caught it um as it was — it had already moved by the time I looked out the window
MR. LALLY: And you noticed that it had moved — was it facing in the same direction is that correct
MR. ALBERT: Yes — same passenger side that was facing your house yeah
MR. LALLY: And as far as the dark SUV was concerned at any point in time would you look out and not see the dark SUV
MR. ALBERT: Um no I I didn't look out the window again
MR. LALLY: But for the rest of the evening you didn't look out
MR. ALBERT: no
MR. LALLY: Now in reference to the time that elapsed between the time that you saw it in the area of the mailbox and the time that you saw it over by the flagpole do you have any idea how long that period of time was
MR. ALBERT: Um I would say probably within a couple minutes — it wasn't a long period of time between when I looked out the window
MR. LALLY: And as far as you know your friend Julie who had gone out to the pickup truck to talk to her brother Ryan — was she still outside around the time that you looked out the second time
MR. ALBERT: Um she could have been — I I'm not sure if she was at that point but she could have been
MR. LALLY: And — can I have just one moment your Honor
JUDGE CANNONE: yes
MR. LALLY: Let me just ask just a couple of questions okay — with regard to that morning when you woke up your father was at your door
MR. ALBERT: yes
MR. LALLY: Um as far as from what you could see of his person what if any injuries or anything did you observe on his person at that time
MR. ALBERT: On my father? Nothing.
MR. LALLY: Now at that time — January 28th and January 29th 2022 — did you know anybody by the name John O'Keefe
MR. ALBERT: Um I knew of the name but I didn't know him personally no
MR. LALLY: And when you say you knew of the name or you knew of him how did you know him
MR. ALBERT: Um I knew he was friendly with my Aunt JJ — Jen McCabe — um and his niece was friendly with my cousin — Jen's daughter
MR. LALLY: And as far as your cousins — as far as JJ McCabe's daughters — um what if any sort of relationship did you have with them specific to them beyond sort of your other cousins
MR. ALBERT: Oh yeah so for a while I um I think when I was in college or maybe the end of um high school I would help out um because there was four girls so they always had like multiple sports going on and stuff so I would drive them to and from practices or be there after school if JJ had to be somewhere um so I spent a good amount of time with them — basically babysitting but more just driving around and stuff like that
MR. LALLY: Through them is that how you came to know Mr. O'Keefe and his niece Kay
MR. ALBERT: yes
MR. LALLY: And you gave her rides to places as well
MR. ALBERT: Yeah occasionally when she would come back to the house after school I'd drive her to CCD or whatever
MR. LALLY: And had you ever met — to your recollection — John O'Keefe or anybody by the name of Karen Read prior to January 28th
MR. ALBERT: Uh John O'Keefe — no — I mean I could have — he could have came into the house once when I was there at my Aunt JJ's house um and we could have said hi but I don't remember formally meeting him and I never met Karen Read either
MR. LALLY: And on that evening again January 28th or the early morning of January 29th beyond the people that you've already talked about — and specifically John O'Keefe or Karen Read — did either of them at any point in time come inside your house while you were there
MR. ALBERT: No — never — nothing
MR. LALLY: Nothing further
JUDGE CANNONE: Okay Miss Little I'm just going to hold you up one minute — I think we probably need spelling of —
MR. ALBERT: Yeah we do — I don't know if I'm going to be the best speller but I'll try
JUDGE CANNONE: All right I think that's good — that first is correct — you're welcome — all right thank you — thank you Mr. Albert
MS. LITTLE: Mr. Albert, the first time you ever spoke with anyone from the Massachusetts State Police the Canton Police Department or the Norfolk County District Attorney's office was on July 6th 2023 correct?
MR. ALBERT: Uh yes I believe so
MS. LITTLE: That's a full 18 months after Mr. O'Keefe's death correct
MR. ALBERT: Um yes
MS. LITTLE: Who was present for that
MR. ALBERT: Uh um I spoke with um two troopers I believe and my um lawyer — Trooper Proctor was there
MS. LITTLE: Yes and this interview actually took place at your family's defense attorney's office correct
MR. LALLY: Objection
JUDGE CANNONE: Overruled
MS. LITTLE: This interview took place at your attorney's office correct
MR. ALBERT: yes
MS. LITTLE: Your sister Caitlin Albert was also present correct
MR. ALBERT: Um she was there for some time but she wasn't — when I was interviewing she wasn't in the room with me no
MS. LITTLE: And that was also the first time they had spoken with your sister as well about these events correct
MR. LALLY: Objection
MS. LITTLE: And to be clear the Massachusetts State Police only interviewed you after you were called to testify before a grand jury
MR. LALLY: Objection — separate proceeding
MR. ALBERT: Correct
MR. LALLY: Objection
MS. LITTLE: I want to draw your attention to your testimony regarding your cousin Colin Albert — you testified today that Colin Albert called you to come to the house correct
MR. ALBERT: I believe so — he did yeah
MS. LITTLE: Do you recall some prior testimony in which you said that you all had exchanged Snapchats about what you were doing that night in the house
MR. ALBERT: Um no I don't believe I said that — I said um for him to know that I was at the house um he could have seen a Snapchat that I had sent but he didn't um ask me on Snapchat if he could come over — I said more of um that he could have seen a Snapchat saying that we were at my house — that's how he knew — because I didn't know how he knew that we were there
MS. LITTLE: You and your cousins frequently communicate on Snapchat correct
MR. ALBERT: Um occasionally here and there
MS. LITTLE: You actually have a cousin group chat on Snapchat don't you
MR. ALBERT: Um yeah we do — an Albert cousin group chat
MS. LITTLE: Who else is on that Snapchat
MR. ALBERT: Uh there's all — all my cousins — a lot of us — a good amount of my cousins
MS. LITTLE: Would that include you
MR. ALBERT: yep
MS. LITTLE: Colin Albert
MR. ALBERT: yep
MS. LITTLE: Ali McCabe
MR. ALBERT: No she's not an Albert
MS. LITTLE: Do you have a group chat in which Ali McCabe is a member
MR. ALBERT: Um I believe we have a cousins on my mom's side group chat yes but she wouldn't be in that group chat with Colin
MS. LITTLE: No understood And do you still have any of the messages you exchanged with your cousin on January 28th?
MR. ALBERT: I don't know — what do you — can you rephrase the question?
MS. LITTLE: Do you have any of those Snapchat messages or other messages that you exchanged with your cousin Colin Albert on January 28th?
MR. ALBERT: No. I'm not even sure if there were any messages, not to my knowledge.
MS. LITTLE: Mr. Albert, you testified that Colin arrived around 10:45 or 11 p.m. Correct?
MR. ALBERT: Uh, today I said that, yes.
MS. LITTLE: Yes. Who else was at the house when the clock struck sort of midnight, as it became your birthday?
MR. ALBERT: When I hit my birthday it was just Colin, um, Julie Nagel, and Sarah L.
MS. LITTLE: Was there any sort of celebration for your birthday when the clock struck midnight?
MR. ALBERT: No.
PARENTHETICAL: [Objection — garbled exchange]
MR. ALBERT: Could you say it again, please?
MS. LITTLE: What were you guys doing?
MR. ALBERT: We were just sitting there. Um, probably happy birthdays were exchanged, but it was nothing crazy. I'm not a big birthday person like that. And we were in the house — in the dining room area.
MS. LITTLE: You testified that your parents and Brian Higgins arrived shortly after midnight with your sister. Correct?
MR. ALBERT: Yeah, I believe I said around 12:05, 12:10 in that area.
MS. LITTLE: Describe what happened when they came into the house that night.
MR. ALBERT: Um, they all just walked in the door, um, and at that point my cousin Colin was standing up to leave. Um, they passed each other, said hi, and that was it.
MS. LITTLE: Mr. Albert, you never actually observed Colin leave in a vehicle from 34 Fairview Road. Correct?
MR. ALBERT: Um, no, I didn't see with my eyes. No.
MS. LITTLE: In fact, you said you only looked out the window two times that night. Correct?
MR. ALBERT: Yes, that's true.
MS. LITTLE: Approximately what time did your dad go upstairs to get Chloe to take her out?
MR. ALBERT: Um, well, that would have been like as soon as he got home, so around like a little after 12.
MS. LITTLE: So would that have been before or after Colin sort of walked towards the door?
MR. ALBERT: Colin had already — already left at that point.
MS. LITTLE: Where did your dad go?
MR. ALBERT: Um, he went upstairs into his bedroom where Chloe was, um, brought her downstairs and went to the back door and let her out.
MS. LITTLE: And you were asked by Mr. Lally if your father kind of stands by the door and waits for Chloe before he lets her in?
MR. ALBERT: Yeah.
MS. LITTLE: But you testified that he was just generally in the kitchen area. Correct?
MR. ALBERT: Yeah, the kitchen is by the back door, but he's not standing by the door waiting for her. She's an off-leash dog, she can go out, do her business, and you can open the door sometime later.
MS. LITTLE: Your father wasn't standing by the door staring at Chloe the entire time she was outside. Correct?
MR. ALBERT: Um, no, I would not — the whole time. No.
MS. LITTLE: You testified earlier that Julie Nagel went outside to speak with her brother, to indicate that she no longer needed the ride. Do you recall that testimony?
MR. ALBERT: Um, I'm not sure if I said that exactly, but yeah.
MS. LITTLE: Can you describe sort of what you saw the first time you looked out the window?
MR. ALBERT: Um, I just saw a little in front of the driveway, a little bit. I saw a truck, um. I saw my friend Julie at the passenger door, um, supposedly talking to the people in the truck. Um, and a little ways up I saw another dark SUV that I wasn't aware of.
MS. LITTLE: And so you'd agree that there was nothing obstructing the view between the truck and the dark SUV. Correct?
MR. ALBERT: Well, not from my vantage point. No.
MS. LITTLE: And the second time you looked out the window, the only difference you saw was that Miss Read's vehicle had pulled up. Correct?
MR. ALBERT: Well, I didn't know it was Miss Read's vehicle, but the car that was there had moved up. Yes.
MS. LITTLE: And the truck was no longer there. Correct?
MR. ALBERT: Um, the second time I looked out the window — um, that I'm not sure with.
MS. LITTLE: Would it refresh your recollection to take a look at your testimony?
MR. ALBERT: Sure.
MS. LITTLE: From July 6, 2020 — or sorry, May 18th, 2023. Document shown. You could just look at this. Okay. And you can look up when you're ready. Is it refreshed?
MR. ALBERT: Okay, yep.
MS. LITTLE: Does that refresh your recollection as to what you testified to?
MR. ALBERT: Sure, yes, on May 18th, 2023.
MS. LITTLE: Isn't it true that you said that the second time you looked out you saw that there was a black SUV that had pulled forward?
MR. ALBERT: Yes.
MS. LITTLE: But the truck was no longer there?
MR. ALBERT: Sure, it seems like I said that then. Yes.
MS. LITTLE: You also testified earlier that you saw tire tracks in the snow. Correct?
MR. ALBERT: Yep.
MS. LITTLE: Where were those tracks?
MR. ALBERT: Um, just along the — along the side, towards — towards the driveway, along this way, um, going up towards the flagpole.
MS. LITTLE: And you viewed those tracks kind of bleeding up towards the flagpole. Correct?
JUDGE CANNONE: If you could bring that, please.
MR. ALBERT: Yes.
MS. LITTLE: So you'd agree that the visibility and lighting in front of the house was good enough that you were able to see tire tracks in the snow?
MR. ALBERT: Um, sure.
MS. LITTLE: But you did not see a 220-pound man lying in the snow in your front yard. Is that something that you saw?
MR. ALBERT: No, I didn't see that.
MS. LITTLE: Who was in the house the second time that you looked out the window?
MR. ALBERT: Um, it would have been my mom, my dad, um, Brian Higgins, um, my sister, Julie, Sarah, Uncle Matt.
MS. LITTLE: Mr. Albert, you testified on May 18th, 2023, in another grand jury, and you said, quote, "I'm not sure if Brian Higgins was still there. I know he left at some point." Do you recall that testimony?
MR. ALBERT: I mean, I know he left my house at some point, I just don't know exactly when it was.
MS. LITTLE: You were asked specifically, at the time that you looked out the window, who was there, and you said, "I'm not sure if Brian Higgins was there." Isn't that correct?
MR. ALBERT: Okay, if I said that, yes, because I was not sure. I'm still not sure if he was there or not.
MS. LITTLE: So you're not sure whether Brian Higgins was there when you looked out the window. Correct?
MR. ALBERT: No, I'm not sure.
MS. LITTLE: You have no independent recollection as you sit here today where Mr. Higgins was when you looked out the window. Correct?
MR. ALBERT: Um, no.
MS. LITTLE: You also didn't recall Mr. Higgins ever saying goodbye to you or your group. Correct?
MR. ALBERT: Um, I believe that's true. Yeah.
MS. LITTLE: In fact, you actually testified before another grand jury on May 18th, 2023, that at some point Mr. Higgins just wasn't there anymore. "I must have gone to the bathroom or something. I came back and I said, 'Where did Higgins go?' and they said he left." Correct?
MR. ALBERT: Sure, yes.
MS. LITTLE: You also testified before that—
MR. LALLY: Objection.
PARENTHETICAL: [Sidebar.]
MS. LITTLE: When did your father leave in relation to Brian Higgins?
MR. ALBERT: Um — leave, you mean like go upstairs, go to bed, or leave your view? Um, he would have left after Brian Higgins had gone.
MS. LITTLE: Mr. Albert, isn't it true that you weren't quite so sure about that when you testified on May 18th, 2023?
MR. ALBERT: I don't know, you would have to show me.
MS. LITTLE: Do you have a specific recollection of your father leaving after Mr. Higgins was gone?
MR. ALBERT: Yeah, I'm pretty sure he went upstairs after Brian Higgins left.
MS. LITTLE: Mr. Albert, I'd like to show you — Document shown. Mr. Albert, isn't it true that you told the grand jury, "I'm pretty sure Mr. Higgins left first before my dad went upstairs, because he wouldn't have left if his friend was still there"?
MR. ALBERT: Yes, I just said that here as well.
MS. LITTLE: You don't have any specific recollection as you sit here today where your father was, or where Mr. Higgins was, when you looked out the window that night. Correct?
MR. ALBERT: No, that's not true. I know that my father was in the room with us. I'm saying I don't know when Brian Higgins left the house. And when Brian Higgins left the house, then my father went upstairs into his bedroom.
MS. LITTLE: But what you actually said was, quote, "I'm pretty sure Mr. Higgins left first before my dad went upstairs, because he wouldn't have left if his friend was still there." Correct?
MR. ALBERT: I see what you're saying. Yes, but I still say that my dad wouldn't have went upstairs until Brian Higgins left the house.
MS. LITTLE: Right. And that's based on an assumption. Correct?
MR. ALBERT: Sure, yeah.
MS. LITTLE: Because you weren't interviewed about this case until 18 months later. Correct?
MR. ALBERT: Um, yeah.
MS. LITTLE: You did not personally observe your father go upstairs. Correct?
MR. ALBERT: No, I did — I watched him go up the stairs. I was standing by — I was in the kitchen. You can see the stairs right there.
MS. LITTLE: Your testimony is you can see individuals walk upstairs in your house?
MR. ALBERT: Um, depending on — yes. The dining room — from the dining room. Um, there's actually a wall that kind of blocks the dining room from the stairs, not if you're sitting at the, um, two chairs with your back to the windows. If I was sitting in the long chair right here, the stairs would be right here. I could easily see. It's through the — through the doorway.
MS. LITTLE: But as you sit here today, you don't know what time that happened. Correct?
MR. ALBERT: No, I don't know the time. No.
MS. LITTLE: Mr. Albert, I'd like to direct your attention to the morning of January 29th.
MR. ALBERT: Sure.
MS. LITTLE: Can you describe sort of how you woke up that morning?
MR. ALBERT: Um, my dad just knocked on my door and I woke up and opened the door.
MS. LITTLE: You didn't hear any dog barking?
MR. ALBERT: No.
MS. LITTLE: You didn't see any emergency vehicles?
MR. ALBERT: No.
MS. LITTLE: Didn't hear any ambulances?
MR. ALBERT: No.
MS. LITTLE: Didn't hear any screaming outside?
MR. ALBERT: No.
MS. LITTLE: What did you do once you woke up?
MR. ALBERT: I went downstairs.
MS. LITTLE: Did you ever look out the window?
MR. ALBERT: Um, I don't recall if I did or not.
MS. LITTLE: Would it refresh your recollection to take a look at your grand jury testimony?
MR. ALBERT: Thank you. [unintelligible exhibit reference]
MS. LITTLE: Is your recollection refreshed?
MR. ALBERT: Um, sure. Yeah.
MS. LITTLE: Why didn't you look out the window that morning?
MR. ALBERT: Um, well, I say here that, um, it would give me anxiety to look out the window.
MS. LITTLE: Is there a reason that you didn't want to look out there?
MR. ALBERT: Um, I'm just an anxious person and I got overwhelmed. I think most people would be overwhelmed in that situation.
MS. LITTLE: Did you say that this was kind of a new — thing for you, for cops and police to be at the house?
MR. ALBERT: Um, yeah, that's never happened before. I've never had cops at — or in my house.
MS. LITTLE: And it made you overwhelmed?
MR. ALBERT: Yeah, I get overwhelmed easy.
MS. LITTLE: So, Mr. Albert, how many times did you discuss this case with members of your family before you spoke to the Massachusetts State Police on May 18th, 2023?
PARENTHETICAL: [Witness approaches.]
MR. ALBERT: Um, I don't have an answer for that. I don't know how many times. Hundreds? Um, we talk about it pretty decent, I mean, considering. Yeah.
MS. LITTLE: What members of your family have you discussed this case with?
MR. ALBERT: Um, my parents, my sister, um, occasionally my aunt JJ and Uncle Matt. Been hundreds of conversations. Um, well, I guess — I guess you can, I mean, you'd have to split it up and quantify what conversations were about the actual case and what conversations have been the harassment we've faced since then.
MS. LITTLE: And all of these discussions took place with you and members of your family prior to your interview with the Massachusetts State Police, correct?
MR. ALBERT: No, we've talked since then. Continue to speak with them about this case.
MS. LITTLE: Not since your interview?
MR. ALBERT: I don't know what you mean by "this case." Um, this case meaning the actual case at hand, or just the case about the harassment we've faced?
MS. LITTLE: I'm talking about what happened on January 28th and January 29th.
MR. ALBERT: Yeah, but there's really nothing to talk about about those specifics. No, because we have nothing to say about that. We weren't part of it.
MS. LITTLE: Mr. Albert, you looked out the window multiple times on January 29th, correct?
MR. ALBERT: Um, twice, I think I said.
MS. LITTLE: You never heard any sort of commotion outside?
MR. ALBERT: No.
MS. LITTLE: You never heard any screaming or the screech of brakes in the front yard?
MR. ALBERT: No.
MS. LITTLE: You never saw a 220-lb man in dark clothes in the white snow on your front lawn?
MR. ALBERT: No.
MS. LITTLE: But you did see those tire tracks?
MR. ALBERT: I did.
MS. LITTLE: No further questions.
MR. LALLY: Your Honor — no redirect. Sorry, no redirect.
JUDGE CANNONE: Thank you.