Commonwealth v. Read — Trial ArchiveCaitlin Albert - Direct/Cross
418 linesCOURT OFFICER: The call — the call Miss Caitlin Albert to the stand. Just watch your step. Right up here.
COURT CLERK: Stand, face — can you raise your right hand? Do you swear [unintelligible] the truth, the whole truth and nothing but the truth, so help you God?
MS. ALBERT: I do.
COURT CLERK: Thank you. You may take the stand.
JUDGE CANNONE: Go ahead, Mr. —
MR. LALLY: Uh, good afternoon.
MS. ALBERT: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name?
MS. ALBERT: Sure. Caitlin Albert. C-A-I-T-L-I-N, A-L-B-E-R-T.
MR. LALLY: And where do you live?
MS. ALBERT: I live in Easton.
MR. LALLY: And how long have you lived there?
MS. ALBERT: About three years.
MR. LALLY: With anyone?
MS. ALBERT: Um, I live with Tristin Morris, my boyfriend.
MR. LALLY: And you and Mr. Morris — about how long have the two of you been —
MS. ALBERT: Almost eight years now.
MR. LALLY: Prior to living in Easton, where was it that you lived before that?
MS. ALBERT: I lived in Canton.
MR. LALLY: And specifically where in Canton did you live?
MS. ALBERT: Um, 34 Fairview Road.
MR. LALLY: And how long was it that you lived at 34 Fairview?
MS. ALBERT: Jeez, I lived there from about 2011 to 2021.
MR. LALLY: And that was a family home, is that right?
MS. ALBERT: Yes.
MR. LALLY: Who did you live at 34 Fairview with?
MS. ALBERT: My mom, my dad, um, and my four siblings.
MR. LALLY: And your mom's name is Nicole, is that right?
MS. ALBERT: Yes.
MR. LALLY: And your dad — or your father's name is Brian Albert?
MS. ALBERT: Yes.
MR. LALLY: And how many siblings did you have?
MS. ALBERT: I have four.
MR. LALLY: Are you the oldest?
MS. ALBERT: I am.
MR. LALLY: And, uh, do you work?
MS. ALBERT: I do.
MR. LALLY: What do you do?
MS. ALBERT: Um, I work for the Massachusetts Attorney General's office in the Medicaid fraud division.
MR. LALLY: And how long have you been doing that?
MS. ALBERT: Almost three years. I think in September it'll be three years.
MR. LALLY: Now, if I could — excuse me — turn your attention to January 28th, 2022, to January 29th, 2022. You recall that time frame?
MS. ALBERT: I do.
MR. LALLY: And do you recall what days of the week they were?
MS. ALBERT: Um, I actually am not sure that I recall the exact days of the week. Maybe Friday or Saturday.
MR. LALLY: Fair to say around the weekend time?
MS. ALBERT: Yeah, weekend, definitely.
MR. LALLY: And as far as your family is concerned, the 29th — what, if any, significance does that take?
MS. ALBERT: Um, that would be my brother's birthday.
MR. LALLY: And which of your brothers — which of your brothers is it whose birthday?
MS. ALBERT: Um, Brian Albert Jr.
MR. LALLY: And is — besides Brian Albert Jr., just for the sake of my own lack of confusion — is there some other name that you would call him, as far as differentiating him from your father?
MS. ALBERT: Um, little Brian, sometimes. Even though he's not so little.
MR. LALLY: Um, and so during the course of that week, sort of leading up to the weekend, uh, what, if any, discussion did you have with your mother or anybody else from your family in regards to little Brian's —
MS. ALBERT: So, leading up to that weekend, um, I was aware that my brother might have like a friend or two over the house um for his birthday. And then um, I had spoken with my mom and my Aunt Julie Albert about maybe going to a local Canton bar, grabbing some food and some drinks, um, and just kind of seeing where the night takes us, and then maybe ultimately going back and seeing my brother, um, just to say happy birthday — kind of end the night that way.
MR. LALLY: As the week went along, did anything sort of affect or change plans?
MS. ALBERT: Nothing that I can really think of. Um, nothing really changed. I mean, that was sort of — I don't remember exactly how the plan came about that we were going to, you know, go get food and that my brother was going to have friends over, but um, I believe that that was always sort of our plan.
MR. LALLY: And so specifically on the 28th, um, at some point you came to Canton, correct?
MS. ALBERT: Yes.
MR. LALLY: And do you recall, uh, how you came to Canton and, uh, where was it that you went first?
MS. ALBERT: So, I can't say for sure. From what I remember, I believe that um, my boyfriend Tristin and I went straight from Easton to the Waterfall and actually got there before my mom and my Aunt Julie. Um, from what I can remember. And then — my mom and Julie ended up meeting us there, and that's when we sort of started just kind of hanging out, ordering food, some drinks, and we were there for a little bit, just the four of us.
MR. LALLY: And, uh, do you recall about what time it was that you got to the Waterfall?
MS. ALBERT: Unfortunately, I can't remember an exact time, but it would have been around like dinnertime. So if I had to guess, maybe like 6.
MR. LALLY: And as far as drinking was concerned with that night — you were at a bar and you weren't driving?
MS. ALBERT: Correct. Oh yeah, no, I was not driving.
MR. LALLY: And do you recall specifically what kind of drinks you had or what you had to drink that night?
MS. ALBERT: I believe that night I was drinking White Claw, I think.
MR. LALLY: And your boyfriend Mr. Morris, uh, as far as what, if anything, was going on with him that night — as far as how long was he at —
MS. ALBERT: Yeah. So, um, we were aware that it was likely going to snow that night, so um, my boyfriend Tristin had gotten, um, gotten offered to do some like plowing or shoveling, so he knew that he was going to have to probably be up for the majority of the night into the morning doing some shoveling. Um, so he didn't stick around at the Waterfall for too long. I think he had some food, maybe like one or two drinks, and then he actually ended up going home.
MR. LALLY: And you stayed at the Waterfall after he went home?
MS. ALBERT: I stayed there, yeah. With my mom and my Aunt Julie.
MR. LALLY: And if you recall, as far as that evening at the Waterfall, what, if anything, was going on as far as like live entertainment?
MS. ALBERT: I want to say that there might have been a band. Um, I just don't want to say for sure, but I think I do recall a band coming in and setting up. And yeah, I think that there might have been one.
MR. LALLY: Now as far as the evening progressed and went on, uh, if anyone else came into the Waterfall and sort of joined your group —
MS. ALBERT: Sure. So I can't say for sure, like, times of people arriving or order of people arriving, but I know at one point, um, my Uncle Chris Albert — he ended up joining us. He owns a pizza shop across the street, so when he was done working he came and joined us. Um, and then my Aunt Jen McCabe and her husband Matt McCabe joined us. And then, um, at some point my father Brian Albert and his friend Brian Higgins also joined us. So at one point in time — I'm not sure of the order in which, you know, everybody came in, or the time that they came in — but um, at some point we were all kind of there, hanging out.
MR. LALLY: Now, in regards to your father and Mr. Higgins, uh, do you know where they had come from or where they were coming from?
MS. ALBERT: Yes. I believe they were coming from New York, from a funeral. And I remember I had asked my mom, like, "is dad going to stop by?" And she was like, "I don't know, he's tired, you know, he's coming back from New York." And I was like, "oh, I want to see him." So I think, um, I convinced him to come, and then Brian Higgins just kind of tagged along, from what I can remember.
MR. LALLY: Now, as far as Mr. Higgins was concerned, is that someone that you were familiar with prior to this evening, the 28th?
MS. ALBERT: I knew of him and I had met him a couple times, but um, nothing more than that.
MR. LALLY: As far as you're aware, the house that you — for lack of a better term — grew up in or spent some formative years in, um, had Mr. Higgins ever been over to that house at 34 Fairview Road when you were there?
MS. ALBERT: Not that I know of.
MR. LALLY: Now, at some point, uh, later in the evening, um, if anyone else, uh, came and sort of came up to your group —
MS. ALBERT: So from what I can remember, um, I remember sitting at like a high-top table, and it was me and my mom sitting next to each other, and we were facing like the front door of the Waterfall. And I recall a man and a woman walking in, and at first I didn't know who either of them were, um, but noticed that the man started talking to like some of my aunts and uncles that I was with, and he seemed friendly with the people, um, that were in our group. So I had said to my mom, like, "oh, who is that?" And she said, "oh, that's, um, John O'Keefe." And I had known of him because, um, I knew his story about his niece and his nephew and his family, so I had known of him but had never met him.
MS. ALBERT: ...before. And so then I — I just assumed that the woman that was with him was his significant other, girlfriend, wife. I didn't know. So then, yeah, I — I didn't really speak to either of them. I think at one point John came up to me and my mom and asked, "Do you guys need anything? Do you need a drink?" And we said no, and that was pretty much it.
MR. LALLY: And so when you say you knew of John O'Keefe and sort of the story as you related, do you recall how it was that you came to know anything about Mr. O'Keefe — who is it through that you came to know about Mr. O'Keefe?
MS. ALBERT: Well, in general it was kind of like a known thing, you know — — the tragedy of what happened in the O'Keefe family. And so I had just kind of heard that story. And then on top of that, John O'Keefe's niece is either the same age or around the same age as some of my younger cousins. So I knew that she was friendly with them. I knew that my Aunt Jen McCabe would, like, help out here and there — going to sports, going to different events, whatever. I knew that my Aunt Jen was friendly with John O'Keefe. And I knew that my Aunt Julie and Uncle Chris were somewhat friends with him as well.
MR. LALLY: And just to be clear, when you're talking about some of your younger cousins — the younger cousins — — you're speaking of, who were their parents?
MS. ALBERT: So yeah, the younger cousins that I'm referring to would be the McCabe girls, and their parents are Jen McCabe and Matt McCabe. And they were present at the Waterfall that evening as well — Jen and Matt — yes.
MR. LALLY: Now with reference to Mr. O'Keefe and his significant other that you described, had you ever met them prior to that evening?
MS. ALBERT: I had not. Not to my knowledge. I wouldn't be surprised if there was maybe like a sporting event or something where we, you know, saw — met each other in passing. But I had never formally met John or the woman that he was with.
MR. LALLY: And so on that evening in — — January 28th, you had never met nor were you aware of anybody by the name of Karen?
MS. ALBERT: No, I was not.
MR. LALLY: And if you know, about what time was it that they came into the Waterfall and came over?
MS. ALBERT: I can't say for sure. I just — I'm not sure of the time.
MR. LALLY: But fair to say the other people that you testified about — as far as your uncles, your aunts and things like that — were they all there at the time that Mr. O'Keefe arrived?
MS. ALBERT: I believe so. I believe that everyone who was there in the group that I was with was present when John O'Keefe and Karen Read arrived.
MR. LALLY: And about what time was it that things started to wind down as far as the Waterfall was concerned?
MS. ALBERT: Again, I'm the worst with — — times. But I would say it was around like 12-ish that we kind of said, you know, let's kind of head out and head home. I would say 12-ish, approximately.
MR. LALLY: Now, during the course of the time that you were at the Waterfall — either before or after Mr. O'Keefe and Read arrived — how would you describe sort of the mood or the demeanor of the group that you were with?
MS. ALBERT: I mean, I didn't notice any issues or any negative things happening. All the conversation seemed positive, lighthearted. Everyone was just kind of having a good time, getting along. I didn't notice anything out of the ordinary, really.
MR. LALLY: So no issues as far as fighting or tension between your — — group? Is that correct?
MS. ALBERT: Correct.
MR. LALLY: And as far as you saw with regard to Mr. O'Keefe and Miss Read, no issues as far as fighting or tension that you observed between the two of them?
MS. ALBERT: Not that I observed, no.
MR. LALLY: And when you — around 12-ish or so when you started to leave — how did you come to leave and who did you leave with?
MS. ALBERT: So I left with my mom and my dad. And again I'm not sure the order of when everybody else left. But I went with my mom and my dad back to 34 Fairview Road.
MR. LALLY: And if you recall, who drove home from the Waterfall to 34 Fairview Road?
MS. ALBERT: My dad.
MR. LALLY: And about how long a drive is that from the Waterfall to Fairview Road?
MS. ALBERT: I — — would say like five or six minutes, give or take.
MR. LALLY: And when you arrived to the house at 34 Fairview, do you recall where your father parked in relation to the house?
MS. ALBERT: From what I can remember, he parked in the driveway. Yeah, the driveway.
MR. LALLY: And if you know, about how many other cars were in the driveway when he parked?
MS. ALBERT: I'm not sure. I know there was at least like one or two. But I can't say for sure. I just don't really remember how many were in the driveway at the time. I had like younger siblings in college at the time who would sometimes take some of the cars. So I just don't remember for — — sure.
MR. LALLY: And if you know, essentially — there within the driveway, there's a garage at the end of the driveway, is that correct?
MS. ALBERT: Yes.
MR. LALLY: And there's a door on the left, door on the right, is that right?
MS. ALBERT: Yes.
MR. LALLY: And do you recall whether or not your father parked in the driveway on the left side or the right side?
MS. ALBERT: I don't remember.
MR. LALLY: And when you came into the house, do you remember how it was that you came from the vehicle to the house?
MS. ALBERT: Yes. From what I remember, I went in the front door. So I would have gotten out and walked on the brick path over to the front door area, walked up the steps, and then walked through the — — door that enters into like a foyer area.
MR. LALLY: And just to be clear, sort of when you walk into that front door with the foyer area, what if anything is right in front?
MS. ALBERT: So when I first walked in, I actually had seen my cousin Colin. He was standing in the foyer area. And I remember I said to him like, "Oh hi, what are you doing?"
JUDGE CANNONE: Next question.
MR. LALLY: Now, taking you back to sort of when you're exiting the Waterfall and when you're exiting the parents' vehicle and walking in the house — what if anything did you observe as far as the weather at that point?
MS. ALBERT: I remember at that point snow was definitely coming down, and I could tell that it was — — like progressively getting worse.
MR. LALLY: You walk into the home, in the front foyer area — that's where you run into your cousin Colin?
MS. ALBERT: Yes.
MR. LALLY: How is Colin related to you — how is he your cousin?
MS. ALBERT: So Colin is Julie Albert and Chris Albert's son, so he's my first cousin.
MR. LALLY: And when you walk in and sort of bump into him, where was that?
MS. ALBERT: He was — he told me that he was headed —
MR. LALLY: Not what he told you — where was he going?
MS. ALBERT: To my knowledge, he was going home.
MR. JACKSON: Objection.
JUDGE CANNONE: Next question.
MR. LALLY: From the time that you walked in and bumped into Colin, sort of in the foyer of the home, how long was it that he was in the home while you were there?
MS. ALBERT: I would say —
MR. LALLY: So, how long in the home?
MS. ALBERT: A few minutes.
MR. LALLY: And from your group — this includes yourself, your mother, your father — is that correct?
MS. ALBERT: Sorry, what was that?
MR. LALLY: From your group when you enter the home, that includes you, your mother, and your father?
MS. ALBERT: Yes.
MR. LALLY: And who, if anyone else from the Waterfall, arrived at your home around the same time as yourself, your mother, and father?
MS. ALBERT: I believe that Brian Higgins was the next to arrive. I think he very shortly after came inside, after myself, my mom and dad.
MR. LALLY: And so when Mr. Higgins comes into the house at 34 Fairview, are you already in the house?
MS. ALBERT: I was already inside, yes.
MR. LALLY: And do you have any idea — — what Mr. Higgins was driving that evening or where he parked it?
MS. ALBERT: I do not.
MR. LALLY: And then once you come into the house, where is it within the home that you go?
MS. ALBERT: So I walked in through the foyer and then I took a right turn, which leads into like the dining room area. And that's where my brother Brian and two of his friends were just sitting around the dining room table. So I said happy birthday to him and was just kind of hanging out in there for a little bit.
MR. LALLY: And the friends that you observed in that sort of kitchen dining area — the friends of your brother Brian — — little Brian — what were their names?
MS. ALBERT: Sarah Levinson and Julie Nagel.
MR. LALLY: And were those people that you were familiar with prior to this evening in January 28th?
MS. ALBERT: Yes.
MR. LALLY: Familiar with them as — they're friends of your little brother?
MS. ALBERT: Yes, exactly.
MR. LALLY: And with regard to the house — after your mother and father arrived, then Mr. Higgins — after that, if anyone else from the Waterfall came to the house that you saw?
MS. ALBERT: My Aunt Jen and my Uncle Matt McCabe.
MR. LALLY: And when your Aunt Jen and your Uncle Matt McCabe arrive, where was Colin?
MS. ALBERT: Colin had left by then.
MR. JACKSON: Objection.
MR. LALLY: And when your uncle and your aunt McCabe come in, where is it that — — they go?
MS. ALBERT: I believe they did a similar thing. They either entered through the dining room or through the kitchen area. But the dining room and the kitchen are like open floor — kind of all the same room. So we were just all kind of hanging out in that area.
MR. LALLY: And if you know, about how long a period of time were you at your parents' house?
MS. ALBERT: I would say an hour, 45 at the latest — like, latest two hours — but around like an hour and a half, an hour 45. Yeah, I can't say for sure, it's an estimate.
MR. LALLY: And for the balance of the time that you were there, were you in that same sort of kitchen dining room area?
MS. ALBERT: Yes.
MR. LALLY: And what is it that you were doing — as far as you and the group doing in that area of the house?
MS. ALBERT: We were just kind of hanging out. I remember that my mom had grabbed like a small speaker and put some music on. We had a couple drinks and everyone was just kind of having a good time, hanging out. We said happy birthday to Brian, and that was kind of it.
MR. LALLY: And so at any point in time — well, let me ask you this first. As far as the sort of demeanor or mood within the house — similar to how you described at the Waterfall — did any of that change once they returned back to your parents' house on Fairview Road?
MS. ALBERT: No. So everyone —
MR. LALLY: Getting along, no arguments, no tension, anything like that?
MS. ALBERT: Correct. Yeah.
MR. LALLY: Now beyond the people that you just described, did anyone else come into your house, into your parents' house, that evening while you were there?
MS. ALBERT: No.
MR. LALLY: And specifically, Mr. O'Keefe and/or his significant other, Miss Read — at any point in time while you were there, did they come into your house?
MS. ALBERT: No, neither of them ever came into the home.
MR. LALLY: Now with regard to the people that you were describing before, at any point in time did the people in the kitchen dining room area — any of them — leave that area?
MS. ALBERT: Now I think when — when my mom, my dad, and I first got there, I believe my dad went upstairs [unintelligible] to grab the dog to let her out. So yeah, so he did that. And then I think there was another period of time where my dad might have been showing — or maybe my mom or my dad were showing Brian Higgins — like family photos, photos of one of my brothers who's in the Marines. And that would have been in like the family room area, which still is — like there's an open doorway, so it's not like the door was shut or anything. But other than that we all kind of stayed within that dining room kitchen vicinity.
MR. LALLY: Now with reference to the dog, that was a family dog, is that right?
MS. ALBERT: Yes.
MR. LALLY: And your family had the dog when you still lived at home with your parents?
MS. ALBERT: Yes.
MR. LALLY: And what was the dog's name?
MS. ALBERT: Chloe.
MR. LALLY: And with respect to letting the dog out, can you describe to the jury sort of what that process entailed — was it on a leash, or how would the dog be let out?
MS. ALBERT: Sure. So we had like a fenced-in backyard and we had a back door, so we would just kind of open the back door, let her out, she would kind of do her thing, and then she would come back in when she was done.
MR. LALLY: And your father took care of that when you got home from the Waterfall that evening?
MS. ALBERT: Yes.
MR. LALLY: In the family room that you were talking about — where your father and/or your mother and Mr. Higgins were, as far as the photographs — where is that in relation to the dining room kitchen area? And specifically, can you see into that area from the dining room kitchen into the family room?
MS. ALBERT: Yes. Yes. So there's just sort of like — it's like a doorway but there's no door there, it's pretty open, and if you're standing in the dining room or the kitchen you can see into the family room for the most part.
MR. LALLY: Now, you at that point were not living at the address on Fairview Road, is that right?
MS. ALBERT: Correct.
MR. LALLY: And as far as the people that were at the house who did not live at the Fairview home on that night, who was the last person to leave?
MS. ALBERT: I was the last person to leave.
MR. LALLY: And prior to your departure from the house — sometime an hour 45 or so after you got there — can you describe the order in which the other people that you just described were there? What order did those —
MS. ALBERT: I don't remember the order in which everybody left, but I do remember that Sarah Levinson, Julie Nagel, my Aunt Jen, and my Uncle Matt — they all left in one car. And then Brian Higgins left. But I just don't remember the order in which — it was probably within like a couple minutes of each other, but I just don't remember exactly who left first. And then I left pretty shortly after everyone else as well.
MR. LALLY: Now during the time that you were hanging out in that dining room kitchen area of the home, at any point in time was your attention drawn to the outside of the house, or did you see anything outside of the house?
MS. ALBERT: I did not.
MR. LALLY: And with respect to the front area of the house, at any point in time was there any discussion that you recall about anything going on?
MS. ALBERT: I don't recall a discussion going on about anything happening out front. Except for — at one point —
JUDGE CANNONE: Let me hear her answer first.
MR. LALLY: Except for what?
MS. ALBERT: At one point I remember that Julie Nagel's brother was supposed to pick her up. So I knew that there was some communication where she told him never mind, you don't need to pick me up, you can go home, I'm going to go home with Jen and Matt.
MR. LALLY: Now with respect to your aunt, Jennifer McCabe — do you recall her having a cell phone that night?
MS. ALBERT: I do.
MR. LALLY: And what, if anything, do you recall her doing with respect to that cell phone?
MS. ALBERT: I remember at one point we were standing in the kitchen and I noticed she was on the phone. And I remember she said something to the effect of like, "Oh no" —
JUDGE CANNONE: Not — okay, so next question.
MR. LALLY: At some point did you see her talking on the phone?
MS. ALBERT: I did.
MR. LALLY: And at some point did you see her appear to be texting on the phone?
MS. ALBERT: I'm not sure about texting. I definitely saw her speaking with somebody on the phone though.
MR. LALLY: And at some point, where did she put her phone in relation to where you guys were in the kitchen and dining?
MS. ALBERT: I'm not sure.
MR. LALLY: Do you recall any sort of charger or anything like that in that area of the home?
MS. ALBERT: I don't.
MR. LALLY: Now as far as who picked you up from the house that night?
MS. ALBERT: My boyfriend. Mr. Morris came to the house on Fairview Road and picked me up at some point about an hour and 45 minutes or so after I arrived there.
MR. LALLY: Is that correct?
MS. ALBERT: Yes.
MR. LALLY: And do you recall what Mr. Morris was driving on that particular —
MS. ALBERT: I remember that he actually was driving my car, which is a 2019 white Jeep Cherokee.
MR. LALLY: And what kind of car did Mr. Morris have at that time?
MS. ALBERT: At that time he had a very old — I want to say like a 2012 Ford Taurus. So that's why he took my car, because the Taurus wouldn't have been good in the snow.
MR. LALLY: And how was it that — did he call you, text you, how did you know that he was there?
PARENTHETICAL: [pause]
MR. LALLY: Nothing further.
MS. ALBERT: I believe that we texted, and that's how I was informed that he was out front.
MR. LALLY: So you received a text to the effect of "here," and then you go outside?
MS. ALBERT: Yes.
MR. LALLY: And when you went outside, if you recall, what was the weather like when you were coming out?
MS. ALBERT: When I walked outside I remember again the snow was coming down a lot. I remember sort of trying to watch my step because the stairs and the brick path were pretty snowy and I didn't want to slip. So as far as weather, I remember it was actively snowing and I was trying not to slip. And that's pretty much what I can remember.
MR. LALLY: And do you recall where your boyfriend had parked the car in relation to the house when he arrived?
MS. ALBERT: I believe he parked in the driveway.
MR. LALLY: So you would have come down the steps, down the walkway to the driveway area, correct?
MS. ALBERT: Yes.
MR. LALLY: And who drove from Fairview Road back home?
MS. ALBERT: [unintelligible]
MR. LALLY: Now, if you recall, when Mr. Morris — I'm assuming — backs out of the driveway, is that correct?
MS. ALBERT: confirms
MR. LALLY: When he backs out of the driveway, where does the vehicle go in relation to the house?
MS. ALBERT: We went up Fairview Road, so towards the flag pole in our yard.
MR. LALLY: And so towards the flag pole with the passenger side facing the house, am I right?
MS. ALBERT: Yes.
MR. LALLY: And if you recall, as Mr. Morris is driving away from the home, what, if anything, with respect to the weather — did he have to employ the wipers?
MS. ALBERT: I remember the windshield wipers were on, and I remember he was driving very cautiously, 10 and two. And I remember thinking to myself, oh, the snow is coming down pretty hard.
MR. LALLY: And as you drove past the house, were you looking outside or looking at the house or the front lawn area at all?
MS. ALBERT: I was not. Once I got inside the car I was mainly — my attention was on him and we were having a conversation, so I hadn't been looking out the passenger window towards my house at really any point.
MR. LALLY: So your head was turned towards your boyfriend, who's driving the car, to the left of you as he's driving?
MS. ALBERT: Yes.
MR. LALLY: One moment.
MR. JACKSON: Good afternoon.
MS. ALBERT: Good afternoon.
MR. JACKSON: So, Miss Albert, you were at your parents' home on January 29th by midnight or shortly thereafter, correct?
MS. ALBERT: Correct.
MR. JACKSON: And you were the last one to leave, at 1:45, 2:00, somewhere in that area?
MS. ALBERT: Yes. On January 29th of 2022.
MR. JACKSON: After you got up that day, did you receive a call, a text, any sort of communication from any investigator connected with this case?
MS. ALBERT: I did not.
MR. JACKSON: Trooper Proctor did not contact you on January 29th?
MS. ALBERT: No.
MR. JACKSON: He did not interview you on January 29th?
MS. ALBERT: He did not.
MR. JACKSON: What about January 30th?
MS. ALBERT: No.
MR. JACKSON: 31st?
MS. ALBERT: Nope.
MR. JACKSON: How about the entire month of February — did you hear from Trooper Proctor wherein he set up a meeting or interview with you?
MS. ALBERT: I did not.
MR. JACKSON: And then what about the entire rest of 2022 — did Trooper Proctor interview you during that entire year?
MR. LALLY: Objection.
JUDGE CANNONE: Overruled. You can answer that.
MS. ALBERT: I was not interviewed. No.
MR. JACKSON: And then in 2023, prior to May of 2023, were you contacted by Trooper Proctor or any investigator for an interview regarding what you just testified to here today?
MS. ALBERT: I don't think so.
MR. JACKSON: And you hadn't met Mr. Lally by May of 2023 either, correct?
MS. ALBERT: I don't think so.
MR. JACKSON: But in May of 2023 you actually were called to testify at another hearing where neither the Commonwealth nor the defense in this case was present, correct?
MS. ALBERT: Correct.
MR. JACKSON: Mr. Lally, McLaughlin, were not there, and certainly no members of the defense team were there, correct?
MS. ALBERT: Correct.
MR. JACKSON: And May of 2023 was well over a year after the events that you were called to testify about, correct?
MS. ALBERT: Correct.
MR. JACKSON: Right. So if these events happened on January 28th and 29th of 2022 — January, the end of January of 2023 would have been a year — and now you're being asked for the first time to give testimony about what happened back in January of 2022, in May of 2023, correct?
MS. ALBERT: Yes.
MR. JACKSON: And then it was only after you testified before that other proceeding — without the prosecution and the defense of this case there — that Trooper Proctor finally interviewed you — in August of 2023, correct?
MS. ALBERT: That's correct.
MR. JACKSON: And that was four months after you testified in that other hearing of May of 2023, correct?
MS. ALBERT: June, July — so I'm sorry, three months.
MR. JACKSON: June, July, August, correct?
MS. ALBERT: Correct.
MR. JACKSON: And it was about a year and a half after January 29th of 2022, correct?
MS. ALBERT: I believe so.
MR. JACKSON: All right. Now on direct examination, Mr. Lally had asked you about whether you knew Brian Higgins — do you remember that line of questioning?
PARENTHETICAL: [sidebar]
MS. ALBERT: I do.
MR. JACKSON: And I believe you testified that you knew of Higgins, correct?
MS. ALBERT: Yes.
MR. JACKSON: And you thought that you had met him a couple of times, correct?
MS. ALBERT: Yes.
MR. JACKSON: So Brian Higgins, you would classify as an acquaintance, correct? To me,
MS. ALBERT: Yes. I would classify him as a friend of my father's, not really an acquaintance or friend of mine.
MR. JACKSON: Okay. So he didn't rise to the level of an acquaintance — somebody who you met but you didn't really know?
MS. ALBERT: I'm not really sure how I would categorize my relationship with him. Again, it was just more of like he was my father's friend. If I had seen him walking down the street, I would have said hello to him. I don't know anything about his personal life, I don't communicate with him regularly. So, if that's what you would consider an acquaintance, then yes.
MR. JACKSON: I guess I would ask, what do you consider an acquaintance? How would you define that term?
MS. ALBERT: I would say an acquaintance is someone who you're friendly with and might see from time to time. I guess in my head I'm just sort of thinking someone who's closer in age with me. I usually think of it as more of like a friend-type thing, and not my father's friend. To me, I guess that's just the way I think of it in my head.
MR. JACKSON: Okay. So is your testimony before this jury that an acquaintance is really a friend — someone that you're friendly with, perhaps? Could be?
MS. ALBERT: Okay.
MR. JACKSON: Have you watched any of the testimony in this case prior to your taking the stand today?
MS. ALBERT: I have not.
MR. JACKSON: Has anybody told you anything about any of the testimony that has occurred prior to your taking the stand today?
MS. ALBERT: No.
MR. JACKSON: Okay. Who is Katie Moffin?
MS. ALBERT: Katie Moffin is a girl who I'm the same age as. We went to high school together, we graduated the same year, and we have a couple mutual friends. We interact with some of the same people socially. I can't think of a time, possibly ever, where her and I ever hung out one-on-one or individually. So more of like a friend of a mutual friend.
MR. JACKSON: Okay, so you would not consider Katie Moffin to be a friend?
MS. ALBERT: She's not a close personal friend of mine.
MR. JACKSON: I ask you if she was a close personal friend —
JUDGE CANNONE: Jackson, just let her finish her answer. I'm sorry, go ahead, finish your answer.
MS. ALBERT: I would not consider her one of my close friends.
MR. JACKSON: All right, so let's get back to my question. Would you consider her to be a friend?
JUDGE CANNONE: Jackson, I'll allow that. Do you want to approach? Jurors, feel free to stand up and stretch.
MR. JACKSON: Okay, Miss Albert, you know Courtney Proctor, correct?
MS. ALBERT: I know of her. Yes.
MR. JACKSON: And you've been in her company several times, correct?
MS. ALBERT: Yes.
MR. JACKSON: You've met her children, correct?
MS. ALBERT: Once. Yes.
MR. JACKSON: And you know she is Michael Proctor's sister, correct?
MS. ALBERT: Yes.
MR. JACKSON: When Michael Proctor ultimately interviewed you in August of 2023, did he ever ask you how well you knew his sister Courtney Proctor? Did that subject ever come up?
MS. ALBERT: Not that I remember.
MR. JACKSON: And did you ever mention it to him that you had met his sister and met his sister's kids?
MS. ALBERT: I did not.
MR. JACKSON: Now, on January 28th of 2022, you went to the Waterfall with your boyfriend Tristin Morris, correct?
MS. ALBERT: Yes.
MR. JACKSON: And ultimately he left and you stayed, correct?
MS. ALBERT: Yes.
MR. JACKSON: The reason that you stayed is you wanted to go back to 34 Fairview — your old home — to be there by midnight when your brother was turning 23, correct?
MS. ALBERT: Not necessarily. My plan was always to stay and just spend some time with my mom and my aunt. But Tristin left very early because he knew that he was going to have to be up at 3:00 in the morning shoveling or plowing. So my plan was never to go back with him. But it wasn't necessarily because it was my brother's birthday — it was just what my plan was for the night.
MR. JACKSON: Certainly the fact that it was your brother's birthday didn't deter you from going back there, right? In other words, the fact that it was your brother's birthday didn't cause you to hesitate to go back — you wanted to be there, right?
MS. ALBERT: Well, my brother Brian wasn't at the Waterfall.
MR. JACKSON: No, I'm talking about — let me start over. Tristin, right?
MS. ALBERT: Yes.
MR. JACKSON: You stayed at the Waterfall?
MS. ALBERT: Yes.
MR. JACKSON: And you planned to go back to 34 Fairview, did you not? At some point in time?
MS. ALBERT: That was spoken about and I agreed to go back to 34 Fairview. Yes.
MR. JACKSON: Okay. And you went back there to see your family, correct?
MS. ALBERT: Yes.
MR. JACKSON: Including your brother Brian, whose birthday it was, correct?
MS. ALBERT: Yes.
MR. JACKSON: That was your parents' home, right?
MS. ALBERT: Yes.
MR. JACKSON: You grew up there?
MS. ALBERT: Yes.
MR. JACKSON: You were comfortable there?
MS. ALBERT: Yes.
MR. JACKSON: There was plenty of room at the house, correct?
MS. ALBERT: In what sense?
MR. JACKSON: A bunch of bedrooms.
MS. ALBERT: Yes.
MR. JACKSON: Not all of them were taken up, correct?
MS. ALBERT: At that time, correct.
MR. JACKSON: You certainly felt welcome there, correct?
MS. ALBERT: Yes.
MR. JACKSON: And there was no problem with you staying there overnight, correct?
MS. ALBERT: Correct.
MR. JACKSON: And when you made the decision to go there after the Waterfall, you knew that there was a snowstorm that was starting, correct?
MS. ALBERT: Yes.
MR. JACKSON: And you've already testified that when you went back to 34 Fairview, you saw your cousin Colin Albert inside the home, correct?
MS. ALBERT: Yes.
MR. JACKSON: In fact, you walked in and he was one of the first people that you saw, correct?
MS. ALBERT: Correct.
MR. JACKSON: He's been over your house many times, correct?
MS. ALBERT: Correct.
MR. JACKSON: You're close with him as your first cousin, are you not?
MS. ALBERT: I am.
MR. JACKSON: And your brother Brian Jr. is close with him as well, correct?
MS. ALBERT: Yes.
MR. JACKSON: Colin Albert is close with your parents, correct?
MS. ALBERT: Yes.
MR. JACKSON: He certainly was welcome at your parents' home, correct?
MS. ALBERT: Correct.
MR. JACKSON: And it was certainly not shocking to see your first cousin Colin Albert at your home, correct?
MS. ALBERT: Correct.
MR. JACKSON: And you had a brief interaction with him, correct?
MS. ALBERT: Yes.
MR. JACKSON: That was sort of the foyer of the house?
MS. ALBERT: Yes.
MR. JACKSON: And then you continued deeper into your parents' home and you saw other people there, correct?
MS. ALBERT: Yes.
MR. JACKSON: Where did you go within the home after you had seen Colin?
MS. ALBERT: I believe I entered through the foyer into the dining room area.
MR. JACKSON: And when you were there, you saw your brother Brian, whose birthday it was, correct?
MS. ALBERT: Yes.
MR. JACKSON: He had two friends with him — Julie Nagel and Sarah Levinson — in that same area?
MS. ALBERT: Yes.
MR. JACKSON: You greeted them as well?
MS. ALBERT: Yes.
MR. JACKSON: And that's where your attention was focused, fair to say?
MS. ALBERT: I would say that once I said hello to them, I didn't just sit with them three. I sort of was walking around. I wouldn't say my attention was solely focused on them three, but I did greet them, yes.
MR. JACKSON: And where were you walking around?
MS. ALBERT: Within the kitchen dining room area. Yes.
MR. JACKSON: And once you greeted Colin and left him, it's fair to say that you then were not looking over your shoulder monitoring what Colin was doing or where he was going, correct?
MS. ALBERT: Correct.
MR. JACKSON: And while you were in the kitchen dining room area, the door to the basement was kind of blocked from your view, was it not?
MS. ALBERT: If I'm in the dining room area, there is a spot in there where I could see it, but I don't believe I could see the basement door.
MR. JACKSON: Right. And from your vantage point, the door to the basement was kind of blocked from the area that you were in, for the most part?
MS. ALBERT: Yes.
MR. JACKSON: And you weren't watching Colin to see where he went after you left him, correct?
MS. ALBERT: Correct.
MR. JACKSON: And you never saw him leave physically, correct?
MS. ALBERT: Correct.
JUDGE CANNONE: This may be a good time to pause. I don't know if — are we going to? All right, then we'll pause. Thank you. All right, Miss Albert, we'll bring you back tomorrow. Okay. And then we'll stay here and just let the jury file out. Please, the same three questions — please do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard it and let us know. Tomorrow's a half day. We'll see you all. All right, please let them out.