Brian Albert Jr
652 linesWhereupon, BRIAN ALBERT, JR. having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Okay. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. ALBERT: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. ALBERT: 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, M-A.
MR. LALLY: And how long have you lived in Norwood?
MR. ALBERT: 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 before that?
MR. ALBERT: I lived in Canton.
MR. LALLY: And where specifically in Canton did you live?
MR. ALBERT: 34 Fairview Road.
MR. LALLY: 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, who, if anyone, did you live there with?
MR. ALBERT: Well, when I lived in Canton, I lived at one point with my four siblings, but then some of them moved out. And then in Norwood now, it's basically just me and my parents, and two of my siblings are at school. So they come home in the summer and stuff.
MR. LALLY: And by your parents, your father's name is Brian Albert, as well; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And your mother's name is Nicole?
MR. ALBERT: Yes.
MR. LALLY: Now, do you work, sir?
MR. ALBERT: Yeah, I do. I work in I.T.
MR. LALLY: And how long have you been doing that?
MR. ALBERT: That job will be a year, maybe a year in August, I believe.
MR. LALLY: Now, sir, if I could turn your attention to the time frame of January 28th, 2022, into January 29th, 2022. Do you recall that specific time frame?
MR. ALBERT: Yes, I do.
MR. LALLY: And, with the 28th and the 29th, do you know roughly what days of the week that was?
MR. ALBERT: Maybe Friday and Saturday, I believe.
MR. LALLY: And, with respect to the 28th or the 29th, what, if any, significance do those dates have to you?
MR. ALBERT: Yes. So the 29th is my birthday. The 28th was the day before my birthday, obviously. So I hada few friends over for my birthday.
MR. LALLY: And do you recall how old you were turning on the 29th of 2022?
MR. ALBERT: That was about two years ago? So I would be 23. Twenty-three, I think. Yeah. Twenty-three.
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 I was kind of up in the air. I didn't know if I wanted to go out. I'm kind of a homebody person. I just stay at home. So I was kind of up in the air. So my plan was to have some of my friends over to my house. We would eat, have a couple of drinks. And then I would decide then if I wanted to go out locally in Canton or not. So that was my plan. And then a few days before, that's when we found out that the snowstorm was going to happen, because you know how they always say it's going to snow and it never does. So then that kind of threw a wrench in it. But I was kind of, like, we'll see what happens. And so we went along with the plan.
MR. LALLY: And that particular evening of January 28th, 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 to the house?
MR. ALBERT: 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 Sara and Julie.
MR. LALLY: And, just for the record, Sara's last name is what?
MR. ALBERT: Levinson.
MR. LALLY: And Julie's last name is what?
MR. ALBERT: Nagel.
MR. LALLY: And, with respect to them coming over to your house, was there anybody else from your household or family or anybody else that was present when Sara and Julie stopped by?
MR. ALBERT: I believe when they first got there, my mom was still at the house. She hadn't left yet to go out where she was going.
MR. LALLY: Do you know where she was going that night?
MR. ALBERT: I believe she was going to the Waterfront Bar & Grille.
MR. LALLY: And do you know who, if anyone, she was going there with?
MR. ALBERT: Yes. She got picked up by my Aunt Julie.
MR. LALLY: Now, Ms. Levinson and Ms. Nagel, how long have you known them?
MR. ALBERT: I've know them, I would say, since high school. I think I was a sophomore and they were a year older than me. They were a junior. So probably a good seven, eight years, nine years, 10 years.
MR. LALLY: And, when they came over to your house, what was it that you did?
MR. ALBERT: Well, we were just hanging out. I hada few more friends who were on their way. So they came after. Probably at around 8:00 o'clock, I would say, 8:15, they were there. And we were just all hanging out, listening to music. We ate some food. I think we played some card games. 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: Yeah. People were drinking. Yeah.
MR. LALLY: Do you recall, generally speaking, what people were drinking?
MR. ALBERT: Mostly like seltzers, like White Claws, Trulies and stuff like that.
MR. LALLY: Now, you mentioned that some other friends came about a half hour or so after Julie and Sara arrived; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And who were they?
MR. ALBERT: They are -- do you want their full names or --
MR. LALLY: Please.
MR. ALBERT: Okay. They are Kathryn Doody, Emily Fabbiano, Courtney Alba, 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: I knew everyone from school. We all went to high school together. So the other ones were in my grade. So we were closer friends because 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," are you talking about high school?
MR. ALBERT: High school, yes.
MR. LALLY: And you went to Canton High School; is that right?
MR. ALBERT: Yes, I did.
MR. LALLY: Now, with respect to having your friends over your house, where sort of within the house were you all sort of hanging out?
MR. ALBERT: We would all just kind of hang out probably, I would say, mostly in the dining room. 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 like walked into the family room area and 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 and the dining room area?
MR. ALBERT: There is 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 each of your respective friends that you were testifying came over to your house that night, do you have any idea of 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.
MR. LALLY: So there wasn't like a pile of cars like 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, Colin, his last name is Albert, as well?
MR. ALBERT: Yes.
MR. LALLY: Okay. And how is he related to you?
MR. ALBERT: He is my first cousin. He is my dad's brother's son.
MR. LALLY: And his father would be Christopher Albert; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And is he older, young?
MR. ALBERT: Is Colin younger than me?
MR. LALLY: Yes.
MR. ALBERT: Yes, he is.
MR. LALLY: And 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 sort of that Colin came over to your house that night? Did he reach out to you at any point? Did you reach out to him?
MR. ALBERT: Yeah. 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 at your house when you indicated that your mother went out to the Waterfall, she went out with Julie Albert, correct, and that's your aunt?
MR. ALBERT: Yes.
MR. LALLY: And I'm sorry. I asked you about three different gquestions.
MR. ALBERT: No. That's all right.
MR. LALLY: But, as far as Colin is concerned, Julie is Colin's mother?
MR. ALBERT: Yes.
MR. LALLY: Okay. Do you recall about what time it was that Colin came by the house?
MR. ALBERT: I don't recall exactly. I would say maybe close to maybe 10:45, 11:00 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 some of the grade of some of the girls, in the grades of some the girls that were there. So that's how he knew.
MR. LALLY: And, just to be clear, Colin's older brother is also named Christopher Albert?
MR. ALBERT: Yes.
MR. LALLY: Now, when Colin came over to the house as far as the things that you were describing as far as hanging out, is that essentially what continued after Colin's arrival?
MR. ALBERT: Yeah. He was just another addition. We just continued to do the same stuff, hanging out.
MR. LALLY: Now, with respect to within the home, you mentioned sort of the kitchen, the dining area and the family room. Were there other areas of the house that anybody went to during the course of the evening?
MR. ALBERT: Not to my knowledge. I mean, there is 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 that first-floor area.
MR. LALLY: So mainly in 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 my -- 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 11:00, 11:10, a few select people left the house to go home. So at that point, it was just me, Colin, Julie Nagel and Sara Levinson at the house until my parents arrived.
MR. LALLY: And so Courtney, Kathryn and Emily would have left at some point shortly after Colin arrived?
MR. ALBERT: Yes.
MR. LALLY: And, when your parents came home, if you recall, what was sort of the order of -- do you recall about what time that was?
MR. ALBERT: I would say that would be right around midnight, I would say. Maybe 12:05, 12:10-ish. In that area.
MR. LALLY: And, just turning back to Colin for a second, do you recall -- do you know how Colin came to be at your house?
MR. ALBERT: Like how he was dropped -- like if he was dropped off?
MR. LALLY: Yes. Do you know whether or not he drove there, was dropped off there, similar to the other people that you were talking to?
MR. ALBERT: Well, I know he didn't drive there, but I would assume he got dropped off. He didn't say how he got there.
MS. LITTLE: Objection, Your Honor.
JUDGE CANNONE: All right. So we'll strike you don't know how he got there.
MR. ALBERT: Okay. Yeah.
BY MR. LALLY:
MR. LALLY: And, as far as the order of people that arrived back at your home, who were the first people to arrive back at your home 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: 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. No.
MR. LALLY: Do you recall ever seeing him at your house at Fairview Road prior to that evening?
MR. ALBERT: I don't think he'd ever been there that I had saw, no.
MR. LALLY: And, as far as Colin was concerned, when your parents and your sister and Mr. Higgins arrived, in relation to that, when did Colin leave your house?
MR. ALBERT: Colin was actually getting up and leaving as they were coming into the house.
MR. LALLY: And similar to, do you know how Colin left your house or how he -- whether or not he drove or was picked up or anything like that?
MR. ALBERT: Yeah. He was sitting at the table and I was actually sitting right next to him. He stood up and said, I'm leaving. Allie is picking me up. And 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.
MR. LALLY: Is she Colin Albert's cousin?
MR. ALBERT: She's not Colin's cousin, no. She is 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' arrival at the home, where did they sort of congregate within the home?
MR. ALBERT: In the same area that we were. In the dining room and 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: Then I would say maybe 10 minutes later, my Auntie J.J. -- well, her name is Auntie Jen, but I call her J.J. -- and Uncle Matt arrived at the house.
MR. LALLY: Your Auntie J.J. and your Uncle Matt, what is their last name?
MR. ALBERT: McCabe.
MR. LALLY: And was that -- their arrival, was that 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 J.J. and your Uncle Matt?
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 wouldn't know. I couldn't tell you a time. The last people to leave were Auntie J.J., 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; is that correct?
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.
MR. LALLY: And, prior to her leaving is when your Auntie J.J., Uncle Matt and --
MR. ALBERT: Yes.
MR. LALLY: So with respect to after your Aunt J.J. and you uncle, Matt McCabe, 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 actually physically come into the house?
MR. ALBERT: No one else came into the house after them, no.
MR. LALLY: And, at some point, were you aware or 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: And what was it that sort of drew your attention to the front area of the house?
MR. ALBERT: Yeah. 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, saying, oh, no --
MS. LITTLE: Objection, Your Honor.
JUDGE CANNONE: Not what they said. What happened as a result?
MR. ALBERT: She went outside to talk to her brother. And so I looked out the window at that point, and she was outside, talking to her brother. So his truck is there, and I saw another car there, as well.
BY MR. LALLY:
MR. LALLY: And with respect to your friend, Julie Nagel, her 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 was it that you were able to see out in the front of your house?
MR. ALBERT: There's two windows there. So I just turned around and looked through the blinds.
MR. LALLY: And, when you looked through the blinds, what is it that you saw out in front of your house at the time?
MR. ALBERT: Yeah. 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 hadn't recognized before. It was a dark SUV-ish. And that's all I knew about it and could see about it.
MR. LALLY: Now, Similar to yourself, who, if anyone else, sort of from the group of people either in the kitchen or in the house did you observe near a window or a door that was looking out in that direction?
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 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 note 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: Now, with regard 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 going up Fairview towards Cedarcrest. So whatever this is. I don't know.
MR. LALLY: 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's side of each of the vehicles?
MR. ALBERT: That would have been the passenger side.
MR. LALLY: And that's with respect to both vehicles; is that correct?
MR. ALBERT: Yes.
MR. LALLY: Now, at any point in time during the time that these vehicles were out in front of your house, do you recall hearing 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 out?
MR. ALBERT: I believe I looked out that 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 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 times that you looked out the window and saw?
MR. ALBERT: Yeah. So the first time I looked, I would say it was closer towards the mailbox, maybe 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 the -- there is an area in the front of your house where there is a flagpole; 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 in behind the SUV once it had moved from that initial position to the following position by the flagpole?
MR. ALBERT: Yes. 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 Sara, who 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 J.J. McCabe and Matt McCabe drove them home.
MR. LALLY: And do you have any idea about what time that was?
MR. ALBERT: No, not really. I would be guessing. I would say maybe 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: Were you awake or downstairs at the time that your sister left?
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: And what is her boyfriend's name?
MR. ALBERT: Tristin Morris.
MR. LALLY: Now, sir, if I could turn your attention to the following morning. At some point, you go to bed. Do you know about what time that it was that you went to bed?
MR. ALBERT: I would say late 1:00, early 2:00 o'clock in the morning.
MR. LALLY: And your bedroom is in the second floor of the house; is that correct?
MR. ALBERT: Yes, it is.
MR. LALLY: And, with respect to -- how many bedrooms are up on the top floor of the house?
MR. ALBERT: Four, I believe.
MR. LALLY: And, with respect to your bedroom, where was that in relation to sort of the layout of the house?
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. So the middle of the backside.
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, the same question as before. Were there any noises or anything that drew your attention outside of the home at any point prior to your 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 of the 29th?
MR. ALBERT: IT can't recall the exact time. I'd say maybe -- I know in previous testimony I may have said earlier. But I don't believe it was that early. I would say 7:30, 8:00 a.m.
MR. LALLY: What was it that woke you up then?
MR. ALBERT: My dad had knocked on my door.
MR. LALLY: And, without anything specifically that you and your dad talked about, following that conversation, where did you go?
MR. ALBERT: I just 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 Auntie Jen and my Uncle Matt.
MR. LALLY: And about how long were you down in that area of the home for?
MR. ALBERT: I would say the first time I went down there, I would say I was down there for maybe 15 minutes or so.
MR. LALLY: When you say the first time you went down, were there subsequent times after that?
MR. ALBERT: Well, yes. I went back up into my room after I was down there the first time. And then I came back downstairs. And, at that time, 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 an hour and 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 like when I was in middle school because 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'd bring it over every time it was my birthday.
MR. LALLY: And did you get those as far as 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 then.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I'm going to show you a series of four photographs. I'd just ask you to look at those to yourself and then look up when you are finished.
MR. ALBERT: Okay.
MR. LALLY: And, just generally speaking, do you recognize what's depicted in those photographs?
MR. ALBERT: Yes. This is my old residence.
MR. LALLY: Your old residence at 34 Fairview Road; is that correct?
MR. ALBERT: Yes.
MR. LALLY: Generally speaking, what's depicted in those photographs, is that a fair and accurate portrayal of what the house looked like around that time?
MR. ALBERT: Yes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next four exhibits.
JUDGE CANNONE: Any objection, Ms. Little?
MS. LITTLE: No objection, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, four photographs outside 34 Fairview Road were entered and marked Exhibits No. 70 through and including 73 in Evidence.)
COURT REPORTER: Exhibits 70 through 73, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: May I return to the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I'm just going to place before you what has now been marked as Exhibit 70, 71, 72 and so on. Just hold onto those.
MR. LALLY: And, Your Honor, with the Court's permission, I would ask that those three photographs be published in succession to the jury?
JUDGE CANNONE: Okay.
MR. LALLY: And, Ms. Gilman, if I could first have I believe it's 2592.
BY MR. LALLY:
MR. LALLY: And, sir, what's up on the screen, is that what you have before you as, I believe it should be, Exhibit 71, probably?
MR. ALBERT: Yes. That's the same.
MR. LALLY: Again, just for the record, 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 guestion I need to ask as far as with respect to the sort of tenor and demeanor of that evening, how would you describe sort of when your friends were there until the time that the folks came back from the Waterfall -- how was sort of the mood within the house?
MR. ALBERT: Cheerful. Fun. Everyone was having a great time.
MR. LALLY: Any fights? Any arguing? Any tension or anything else that you noted of note with regard to that?
MR. ALBERT: No, not at all.
MR. LALLY: And I believe, sir, there should be a laser pointer on the desk there. Just push the button on the top.
MR. ALBERT: Yes.
MR. LALLY: I want to ask you a question with regard to the picture.
MR. ALBERT: Okay.
MR. LALLY: Now, with regard to the front area of your house at 34 Fairview Road when you lived there, there's basically two doors on the front of the house, correct?
MR. ALBERT: Yes.
MR. LALLY: And, if you could, just using that laser pointer, direct the jury's attention to where in the photograph you observe each of those two doors.
MR. ALBERT: So this would be the first door right here and this was the second door (indicating).
MR. LALLY: And the first door that's sort of further away from the driveway, is that sort of the front door area of the home?
MR. ALBERT: Yes. That's the front door.
MR. LALLY: And the other door, where does that lead?
MR. ALBERT: That, the side door leads just right into the family room.
MR. LALLY: And, as far as around this time of January around this evening, if you recall, where were people sort of coming in and going out of your house?
MR. ALBERT: I don't know. I couldn't tell you specifically. I think some people used both doors.
MR. LALLY: And what we're calling sort of the front door area -- I'm sorry. The one closer to the garage leads into the living room; is that correct?
MR. ALBERT: Yes.
MR. LALLY: And so the front door further away from the garage, where does that lead into?
MR. ALBERT: That's like a foyer 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 then sort of the family room and you just sort of go straight, where does that lead you?
MR. ALBERT: 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. You can go straight a little bit and then to the 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 of 2022, did you have a pet, as well?
MR. ALBERT: Yeah. We had a dog, Chloe.
MR. LALLY: The dog's name was Chloe?
MR. ALBERT: Yes.
MR. LALLY: About how long at that point had you had Chloe?
MR. ALBERT: We had her for a few years. I don't know exactly how many years but a few years.
MR. LALLY: Now, on that night specifically of January 28th, leading into the 29th, did you do anything as far as letting Chloe out to use the bathroom or anything like that?
MR. ALBERT: Yes. So the dog was actually upstairs in my parents' bedroom. She likes to sleep up there and stay up there. So she was upstairs when my friends were downstairs. And, at one point after my dad came home, it was asked if someone let the dog out. And I said, sorry, I forgot, because it was my responsibility because I was the only one home. So he went upstairs to get the dog, got the dog, brought her downstairs, let her outside.
MR. LALLY: And so when someone would let Chloe outside around this time, could you describe that process as far as would it be a leash or just let her out or how?
MR. ALBERT: Yeah. So we had a fenced-in backyard. So we just kind of led her to the back door, opened the door and she was able to run around out back.
MR. LALLY: Whoever let her out, would they sort of stay at the back door while she was out?
MR. ALBERT: Yeah. We'd stay around the kitchen area. Yeah.
MR. LALLY: Ms. Gilman, if I could have the next photo up on the screen, 2593.
MR. LALLY: So the next exhibit would be No. 72. 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: Using that laser pointer, if you could direct the jury's attention to where that was?
MR. ALBERT: (Witness complies.)
MR. LALLY: Now, with respect to this photograph that's up on the screen right now, Ms. Nagel's brother, Ryan, in the pickup truck, where was -- if you could direct the jury's attention to where it was about that you observed that truck?
MR. ALBERT: He would have been more this way. So the photo doesn't show you 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: I believe that was right around the mailbox area, right about right here.
MR. LALLY: And then if you could direct the jury's attention to the second time that you looked out and the SUV had moved, where had it moved to at that point?
MR. ALBERT: It was more down this way on the side of the road.
MR. LALLY: Now, if you could, as far as the windows that you're talking about in the kitchen area that you were looking out of, do you see those in this photograph, as well?
MR. ALBERT: Yes, I do.
MR. LALLY: And if you could direct the jury's attention to where they would see them?
MR. ALBERT: Those two right there (indicating).
MR. LALLY: And, Ms. Gilman, if I could have the last photograph in that set.
MR. LALLY: Again, what's up on the screen, sir, is that what you have before you now as Exhibit 73?
MR. ALBERT: Yes.
MR. LALLY: And, again, this is another photograph of the front area of your home taken around the time of January 2024, correct?
MR. ALBERT: Yes.
MR. LALLY: And, as far as the flagpole in this particular area, that's off to sort of the left center of the screen; is that correct?
MR. ALBERT: Yes.
MR. LALLY: Now, in between the time that you saw that dark SUV that you didn't really recognize in the area of the mailbox and then further down, did you see it at any other point, moving along?
MR. ALBERT: No. I just caught as it had already moved. By the time I looked out the window, I noticed that it had moved up.
MR. LALLY: And facing in the same direction; is that correct?
MR. ALBERT: Yes.
MR. LALLY: So the same passenger side door that was facing your house?
MR. ALBERT: Yes.
MR. LALLY: And, as far as the dark SUV was concerned, at any point in time, did you look out and not see the dark SUV out there?
MR. ALBERT: No. I didn't look out the window again.
MR. LALLY: So for the rest of the evening, you didn't look out the window?
MR. ALBERT: No.
MR. LALLY: Now, in reference to the time that expired 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 a period of time that was?
MR. ALBERT: I would say probably within a couple minutes. It wasn't a long period of time that 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: She could have been. I'm not sure if she was at that point, but she could have been.
MR. LALLY: Ms. Gilman, you can take that down. May I have just one moment, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Just a couple more questions, sir. With regard to that morning when you woke up and your father was at your door, 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?
MR. LALLY: Yes.
MR. ALBERT: Nothing.
MR. LALLY: Now, at that time, January 28th into January 29th, 2022, did you know anybody by the name John O'Keefe?
MR. ALBERT: I knew of the name but I didn't know him personally, no.
MR. LALLY: When you say you knew of the name or you knew of him, how did you know him?
MR. ALBERT: I knew he was friendly with my Auntie J.J., Jen McCabe. And his niece was friendly with my cousin, Jen's daughter.
MR. LALLY: And, as far as your cousins, as far as Ms. McCabe's daughters, what, if any, sort of relationship did you have with them, specific to them, beyond sort of your other cousins?
MR. ALBERT: Oh, yes. So for awhile, I think when I was in college or maybe the end of high school, I would help out 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 J.J. had to be somewhere. So I spent a good amount of time with them, basically babysitting but more just driving around and stuff like that.
MR. LALLY: And through them, is that how you came to know Mr. O'Keefe's niece, [REDACTED]?
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: John O'Keefe, no. I mean, I could have. He could have came into the house once when I was there at my Aunt J.J.'s house, 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, of 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 that evening?
MR. ALBERT: No. Never.
MR. LALLY: Nothing further, Your Honor.
JUDGE CANNONE: Okay. Ms. Little, I'm just going to hold you up for one minute. I think we probably need spellings of kids' names.
COURT REPORTER: Yes, Your Honor.
JUDGE CANNONE: All right. Thank you, Ms. Little.
MS. LITTLE: Thank you, Your Honor.
CROSS-EXAMINATION BY MS. LITTLE:
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 6, 2023, correct?
MR. ALBERT: Yes. I believe so.
MS. LITTLE: That's a full 18 months after Mr. O'Keefe's death, correct?
MR. ALBERT: Yes.
MS. LITTLE: Who was present for that hearing?
MR. ALBERT: I spoke with two troopers, I believe, and my lawyer.
MS. LITTLE: Trooper Proctor was there?
MR. ALBERT: Yes.
MS. LITTLE: And this interview actually took place at your family's defense attorney's office, correct?
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: The objection is sustained.
BY MS. LITTLE:
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: She was there for some time but she wasn't when we -- 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.
JUDGE CANNONE: Sustained.
BY MS. LITTLE:
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.
MS. LITTLE: -- in a separate proceeding, correct?
JUDGE CANNONE: The objection is sustained.
BY MS. LITTLE:
MS. LITTLE: I want to direct 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 at the house?
MR. ALBERT: No. I don't believe I said that. I said for him to know that I was at the house, he could have seen a Snapchat that I had sent. But he didn't ask me on Snapchat if he can come over. I said more of that he could have seen a Snapchat saying that we were at my house and 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: Occasionally here and there.
MS. LITTLE: You actually have a cousin group chat on Snapchat, don't you?
MR. ALBERT: Yeah, we do, an Albert Cousin group chat.
MS. LITTLE: Who else is on that Snap Chat?
MR. ALBERT: All my cousins. A lot of us. A good amount of my cousins.
MS. LITTLE: Would that include you?
MR. ALBERT: Yes.
MS. LITTLE: Colin Albert?
MR. ALBERT: Yeah.
MS. LITTLE: Allie McCabe?
MR. ALBERT: No. She's not an Albert.
MS. LITTLE: Do you have a group chat in which Allie McCabe is a member?
MR. ALBERT: I believe we have cousins on my mom's side who chat, yes. But she wouldn't be in that group chat with Colin. No.
MS. LITTLE: Understood. And do you still have any of the messages you exchanged with your cousin on January 28th?
MR. ALBERT: I don't know. Can you rephrase the question?
MS. LITTLE: Do you have any of those Snap Chat 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 was any messages. Not to my knowledge. I don't know.
MS. LITTLE: Mr. Albert, you testified that Colin arrived around 10:45 or 11:00 p.m., correct?
MR. ALBERT: Today I said that? Yes.
MS. LITTLE: Yes.
MR. ALBERT: Yes.
MS. LITTLE: Who else was at the house when the clock struck midnight as it became your birthday?
MR. ALBERT: When it hit my birthday, it was just Colin, Julie Nagel and Sara that was there.
MS. LITTLE: Was there any sort of celebration for your birthday when the clock struck midnight?
MR. ALBERT: No.
MS. LITTLE: What were you guys doing?
MR. ALBERT: We were just sitting there. Probably "happy birthdays" were exchanged, but it was nothing crazy. I'm not a big birthday person like that.
MS. LITTLE: And where in the house were you guys at that point?
MR. ALBERT: 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: They all just walked in the door. And, at that point, my cousin, Colin, was standing up to leave. They passed each other, said "hi," and that was it.
MS. LITTLE: Mr. Albert, you never actually observed Colin leave ina vehicle from 34 Fairview, correct?
MR. ALBERT: No. I didn't see it 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: That would have been like as soon as he got home. So around like a little after 12:00.
MS. LITTLE: So would that have been before or after Colin sort of walked towards the door?
MR. ALBERT: Colin had already left at that point.
MS. LITTLE: Where did your dad go?
MR. ALBERT: He went upstairs into his bedroom, where Chloe was there, 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 that is by the back door.
MS. LITTLE: But he's not standing by the door, waiting for her. She's an off-leash dog. She can go out and do her business and you can open the door sometime later, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that? Is that correct?
MR. ALBERT: Could you say it again, please?
BY MS. LITTLE:
MS. LITTLE: Your father wasn't standing by the door, staring at Chloe the entire time that she was outside, correct?
MR. ALBERT: No. 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 a ride. Do you recall that testimony?
MR. ALBERT: 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: I just saw a little -- in front of the driveway a little bit, I saw a truck. I saw my friend, Julie, at the passenger door, I suppose talking to the people in the truck. 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 Ms. Read's vehicle had pulled up, correct?
MR. ALBERT: Well, I didn't know it was Ms. 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: The second time I looked out the window? That, I'm not sure of.
MS. LITTLE: Would it refresh your recollection to take a look at your testimony?
MR. ALBERT: Sure.
MS. LITTLE: From July 6, 20 -- I'm sorry. May 18th, 2023.
MS. LITTLE: May I approach, Your Honor?
JUDGE CANNONE: Yes. Show Mr. Lally.
BY MS. LITTLE:
MS. LITTLE: If you would just look at those first few lines. You can look up when your recollection is refreshed.
MR. ALBERT: Okay. Yes.
MS. LITTLE: Does that refresh your recollection as to what you testified to?
MR. ALBERT: Sure. Yes.
MS. LITTLE: On May 18th, 2023?
MR. ALBERT: Yes.
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, correct?
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: Yes.
MS. LITTLE: Where were those tracks?
MR. ALBERT: Just along the side towards where -- towards the driveway, along this way, going up towards the flagpole.
MS. LITTLE: And you viewed those tracks kind of leading up towards the flagpole, correct?
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, correct?
MR. ALBERT: Sure.
MS. LITTLE: But you did not see a 220-pound man lying in the snow in your front yard, did you?
MR. LALLY: Objection.
JUDGE CANNONE: Is that something that you saw, sir?
MR. ALBERT: No. I didn't see it.
MS. LITTLE: Who was in the house the second time that you looked out the window?
MR. ALBERT: It would have been my mom, my dad, Brian Higgins, my sister, Julie, Uncle Matt.
MS. LITTLE: Mr. Albert, you testified on May 18, 2023 in another grand jury.
MR. ALBERT: Uh-huh.
MS. LITTLE: And you said, quote (as read), "I'm not sure if Brian Higgins was still there. I know he left at some point." Do you recall that testimony?
MR. ALBERT: Yeah. 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: 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: No.
MS. LITTLE: You also didn't recall Mr. Higgins ever saying "goodbye" to you or your group, correct?
MR. ALBERT: 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 he was -- they said he left, correct?
MR. ALBERT: Sure. Yes.
MS. LITTLE: You also testified before that grand jury --
MR. LALLY: Objection, Your Honor.
JUDGE CANNONE: Yes. I'm going to see you at sidebar and if you could bring that, please.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So are these prior inconsistent statements or are you just reading his testimony?
MS. LITTLE: Well, those are prior inconsistent statements because he said that -- he just testified that Higgins was there.
JUDGE CANNONE: Okay. What are you reading now? What do you --
MS. LITTLE: I can rephrase it.
JUDGE CANNONE: Okay. Don't just read that testimony. Okay?
MS. LITTLE: Okay.
JUDGE CANNONE: All right. Ask the question. And, if it is a prior inconsistent statement, then you can impeach him. But don't just read it.
MS. LITTLE: Sure. Sure.
(Whereupon, the sidebar conference concluded.)
BY MS. LITTLE:
MS. LITTLE: When did your father leave in relation to Brian Higgins?
MR. ALBERT: Leave? Do you mean like go upstairs and go to bed or --
MS. LITTLE: Leave your view.
MR. ALBERT: 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 18, 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: Yes. I'm pretty sure he went upstairs after Brian Higgins left.
MS. LITTLE: Mr. Albert, I'd like to show you --
MS. LITTLE: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MS. LITTLE: Mr. Lally.
BY MS. LITTLE:
MS. LITTLE: If I could draw your attention to Lines 15 to 19.
MR. ALBERT: All right. Uh-huh.
MS. LITTLE: Mr. Albert, isn't it true that you told the grand jury (as read), "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: Meaning 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?
MR. ALBERT: No.
MS. LITTLE: 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 -- 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 (as read), "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: And that's based on an assumption, correct?
MR. ALBERT: Sure.
MS. LITTLE: Because you weren't interviewed about this case until 18 months later, correct?
MR. ALBERT: 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 the kitchen and you can see the stairs right there.
MS. LITTLE: Your testimony is you can see individuals walk upstairs in your house --
MR. ALBERT: Depending on --
MS. LITTLE: -- from the kitchen?
MR. ALBERT: Yes. The dining room, from the dining room.
MS. LITTLE: There is actually a wall that kind of blocks the dining room to the stairs, correct?
MR. ALBERT: Not if you're sitting at the two chairs with your back to the windows. If I was sitting in the chair right here, the stairs would be right here. I could easily see 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: 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: You didn't hear any ambulances?
MR. ALBERT: No.
MS. LITTLE: You 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: 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 from May 18th, 2023?
MR. ALBERT: Sure. Thank you.
JUDGE CANNONE: Would you tell Mr. Lally what page it is?
BY MS. LITTLE:
MS. LITTLE: If you could read this section.
MR. ALBERT: Yes.
MS. LITTLE: Is your recollection refreshed?
MR. ALBERT: Sure. Yes.
MS. LITTLE: Why didn't you look out the widow that morning?
MR. ALBERT: Well, I say here that it would just give me anxiety to look out the window.
MS. LITTLE: Is there a reason that you didn't want to look outside?
MR. ALBERT: 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: Yeah. That's never happened before. I've never had the cops at or near my house.
MS. LITTLE: And it made you overwhelmed, correct?
MR. ALBERT: Yeah. I get overwhelmed easy. So...
MS. LITTLE: 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?
MR. ALBERT: I don't have an answer for that. I don't know how many times.
MS. LITTLE: Hundreds?
MR. ALBERT: 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: My parents, my sister, occasionally my Aunt J.J.
MS. LITTLE: Would you say it's been hundreds of conversations?
MR. ALBERT: Well, I guess you can -- I mean, I guess 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.
MS. LITTLE: So you've continued to speak with them about this case since your interview?
MR. ALBERT: I don't know what you mean by "this case." "This case" meaning the actual case at hand or just the case about the harassment we 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 had nothing to say about that. Weren't a part about it.
MS. LITTLE: Mr. Albert, you looked out the window multiple times on January 29th, correct?
MR. ALBERT: Twice, I think I said.
MS. LITTLE: You never heard any sort of commotion outside?
MR. ALBERT: No.
MS. LITTLE: You never heard screaming, yelling or the screech of brakes in the front yard?
MR. ALBERT: No.
MS. LITTLE: You never saw a 220-pound man in dark clothes in the white snow on your front lawn?
MR. ALBERT: No.
MS. LITTLE: But you did see those tire tracks, correct?
MR. ALBERT: I did.
MS. LITTLE: No further questions.
JUDGE CANNONE: Okay. Mr. Lally?
MR. LALLY: No redirect, Your Honor.
JUDGE CANNONE: I'm sorry?
MR. LALLY: No redirect.
JUDGE CANNONE: All right. Mr. Albert, you are all set, sir.
MR. ALBERT: Thank you.
(Whereupon, the witness is excused.)
JUDGE CANNONE: All right. Mr. Lally, your next witness, please.
MR. LALLY: Yes, Your Honor. The Commonwealth calls Ms. Caitlin Albert to the stand.