Commonwealth v. Read — Trial ArchiveCaitlin Albert — Direct/Cross
464 linesWhereupon, CAITLIN ALBERT having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Go ahead, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon.
MS. ALBERT: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury?
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, ma'am?
MS. ALBERT: I live in Easton.
MR. LALLY: And how long have you lived there?
MS. ALBERT: About three years.
MR. LALLY: And who, if anyone, do you live there with?
MS. ALBERT: I live with Tristin Morris, my boyfriend.
MR. LALLY: And you and Mr. Morris, about how long have the two of you been dating?
MS. ALBERT: Almost eight years.
MR. LALLY: Now, 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: 34 Fairview Road.
MR. LALLY: And how long was it that you lived at 34 Fairview Road?
MS. ALBERT: Jeeze. I lived there from about 2011 to 2021.
MR. LALLY: And that was a family home; is that right?
MS. ALBERT: Yes.
MR. LALLY: And who did you live at 34 Fairview Road with?
MS. ALBERT: My mom, my dad, and my four siblings.
MR. LALLY: And your mom's name is Nicole; is that right?
MS. ALBERT: Yes.
MR. LALLY: Okay. And your dad or your father's name is Brian Albert?
MS. ALBERT: Yes.
MR. LALLY: And how may siblings do you have? I'm sorry.
MS. ALBERT: I have four.
MR. LALLY: And are you the oldest?
MS. ALBERT: I am.
MR. LALLY: And do you work, ma'am?
MS. ALBERT: I do.
MR. LALLY: What do you do for work?
MS. ALBERT: 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 will be three years.
MR. LALLY: Ma'am, if I could turn your attention to January 28th, 2022 into January 29th of 2022. Do you recall that time frame?
MS. ALBERT: I do.
MR. LALLY: And do you recall what days of the week they were?
MS. ALBERT: IT actually am not sure that I recall the exact day of the week, meaning Friday or Saturday.
MR. LALLY: Fair to say around the weekend time?
MS. ALBERT: Yeah. The weekend, definitely.
MR. LALLY: And, as far as your family is concerned, the 29th, what, if any, significance does that day have?
MS. ALBERT: That would be my brother's birthday.
MR. LALLY: And which of your brothers was -- which of your brothers is it whose birthday that was?
MS. ALBERT: Brian Albert, Jr.
MR. LALLY: And, beyond 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 between your father?
MS. ALBERT: Little Brian sometimes, even though he's not so little.
MR. LALLY: Okay. And so during the course of that week sort of leading up to the weekend, what, if any, discussion did you have with your mother or anybody else in your family in regard to Little Brian's birthday?
MS. ALBERT: So leading up to that weekend, I was aware that my brother might have like a friend or two over the house for his birthday. And then 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 and just kind of seeing where the night takes us and then maybe ultimately going back and seeing my brother for her just to say "happy birthday" and kind of end the night that way.
MR. LALLY: And, as the week went along, what, if anything, sort affected or changed plans in reference to that?
MS. ALBERT: Nothing that I can really think of. 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 I believe that that was always sort of our plan.
MR. LALLY: And so specifically on the 28th, at some point you came to Canton, correct?
MS. ALBERT: Yes.
MR. LALLY: And do you recall how you came to Canton and where was it that you went first?
MS. ALBERT: So I can't say for sure. From what I remember, I believe that my boyfriend, Tristin; and I went straight from Easton to the Waterfall and actually got there before my mom and my Aunt Julie, 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 and some drinks. And we were there for a little bit, just the four of us.
MR. LALLY: And 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 six.
MR. LALLY: And, as far as drinking was concerned with that night, you were at a bar and you weren't driving, correct?
MS. ALBERT: Yeah. 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, as far as -- what, if anything, was going on with him that night as far as how long was he at the Waterfall?
MS. ALBERT: Yeah. So we were aware that it was likely going to snow that night. So my boyfriend, Tristin, had 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. 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 as far as like live entertainment?
MS. ALBERT: IT want to say that there might have been a band. I just don't want to say for sure. But I think I do recall a band coming in and setting up. Yeah. I think that there might have been one.
MR. LALLY: Now, as far as the evening progressed and it went on, who, if anyone, else came into the Waterfall and sort of joined your group when you were there?
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 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. And then my aunt, Jen McCabe, and her husband, Matt McCabe, joined us. And then 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 the order of which, you know, everybody came in or the time that they came in, but at some point we were all kind of there, hanging out.
MR. LALLY: Now, and your father and Mr. Higgins, 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 is dad going to stop by. And she was like, I don't know if he's tired. He's coming back from New York now. I was like, oh, I want to see him. So I think I convinced him to come and then Brian Higgins just kind of tagged along.
MR. LALLY: Now, as far as Mr. Higgins was concerned, is that someone that you were familiar with prior to this evening of the 28th?
MS. ALBERT: I knew of him and I had met him a couple of times. But nothing more than that.
MR. LALLY: And, as far as you're aware, the house that, for lack of a better term, you grew up in or spend some formative years in, had Mr. Higgins ever been over to that house at 34 Fairview when you were there?
MS. ALBERT: Not that I know of.
MR. LALLY: Now, at some point later in the evening, who, if anyone else, came and sort of -- came up to your group or joined your group while you were at the Waterfall?
MS. ALBERT: So from what I can remember, 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 aman and a woman walking in. And, at first, I didn't know who either of them were, but I 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 that were in our group. So I had said to my mom, oh, who is that? And she said, oh, that's John O'Keefe. And I had known of him because I knew his story about his niece and his nephew and his family. So I had known of him but had never met him before. And so then I -- and I just assumed that the woman that was with him was his significant other/girlfriend/wife. I didn't know. So then I didn't really speak to either of them. I think at one point John came up to me and my mom and asked like, 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 his story as you related, do you recall how it was that you came to know anything about Mr. O'Keefe, or who was 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 know 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 are their parents?
MS. ALBERT: Yes. So the younger cousins that I'm referring to would be the McCabe girls. And their parents are Jen McCabe and Matt McCabe.
MR. LALLY: And they were present at the Waterfall that evening, as well?
MS. ALBERT: Jen and Matt were, yes.
MR. LALLY: Now, with reference to Mr. O'Keefe and his Significant other that you've 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 maybe there was like a sporting event or something where we, you know, 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 of January 28th, you had never met nor were you aware of anybody by the name of Karen Read?
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 to your group?
MS. ALBERT: I can't say for sure. I'm not sure of a time.
MR. LALLY: But fair to say the other people that you testified about as far as your uncles and your aunts and things like that, were they all there at the time that Mr. O'Keefe and Ms. Read came in?
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 twelve-ish that we kind of said, you know, let's kind of head out and head home. I would say twelve-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 Ms. 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 conversations seemed positive, light-hearted. 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 Ms. Read, no issues as far as fighting or tension that you had observed between the two of them?
MS. ALBERT: Not that I observed.
MR. LALLY: And around twelvish or so when you started to leave, who was at that -- 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 of the order of when like 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?
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. I -- yeah. The driveway.
MR. LALLY: And, if you know, about how many other cars were in the driveway when you parked there?
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, within the driveway, there is a garage at the end of the driveway; is that correct?
MS. ALBERT: Yes.
MR. LALLY: And there is a door on the left, a door on the right; is that right?
MS. ALBERT: Yes.
MR. LALLY: And do you recall whether or not your father pulled into the driveway on the left side or the right side in relation to those doors?
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 of you?
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, oh, hi. What --
MR. YANNETTI: Objection.
JUDGE CANNONE: Next question. Not what you said to him. Okay? Next question, Mr. Lally.
BY MR. LALLY:
MR. LALLY: Taking you back to sort of when you're exiting the waterfall and when you're exiting your 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 the snow was definitely coming down, and I could tell that it was like progressively getting worse.
MR. LALLY: And so you walk into the home in the front foyer area. That's where you run into your cousin, Colin?
MS. ALBERT: Yes.
MR. LALLY: And how is Colin related to you as far as 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 you sort of bump into him, where was it that he was going?
MS. ALBERT: He told me that he was --
MR. YANNETTI: Objection.
JUDGE CANNONE: Not what he told you. Where was he going?
MS. ALBERT: To my knowledge, he was going home.
MR. YANNETTI: Objection. Move to strike.
JUDGE CANNONE: Next question. Next question.
BY MR. LALLY:
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. YANNETTI: Objection.
JUDGE CANNONE: How long was he in the home when you were there?
MS. ALBERT: Minutes.
BY MR. LALLY:
MR. LALLY: And from your group, this includes yourself, your mother and your father; is that correct?
MS. ALBERT: I'm sorry. What was that?
MR. LALLY: From your group when you enter the home, that includes you and your mother and your father, correct?
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 your father?
MS. ALBERT: I believe that Brian Higgins was the next to arrive. I think he very shortly after came inside after myself and 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 so 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, at some -- well, when 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. We were 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: Sara Levinson and Julie Nagel.
MR. LALLY: And were those people that you were familiar with prior to this evening of January 28th?
MS. ALBERT: Yes.
MR. LALLY: And familiar with them as they're friends of your little brother's?
MS. ALBERT: Yes.
MR. LALLY: And, with regard to the house after yourself, your mother and your father arrived and then Mr. Higgins after that, who, if anyone, else 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, arrived, where was Colin?
MS. ALBERT: Colin had left by then.
MR. YANNETTI: Objection.
JUDGE CANNONE: I'll allow it.
BY MR. LALLY:
MR. LALLY: And when Mr. and Mrs., or your uncle and your aunt McCabe come in, where is it that they go within the house?
MS. ALBERT: I believe they did a similar thing. They either entered through the dining room or 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 on Fairview Road that evening?
MS. ALBERT: I would say an hour 45, latest, two hours. But around like an hour anda half, an hour and 45. Yeah. I can't say for sure. That'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 like having a good time hanging out. We said "happy birthday" to Brian. That was kind of it.
MR. LALLY: And, Ms. Albert, at any point in time when you were within -- well, let me ask you this first: As far as the sort of demeanor or mood within the house, similar to how I'd asked you at the Waterfall, did any of that change once you returned back to your parents' house on Fairview Road?
MS. ALBERT: No.
MR. LALLY: So everyone is getting along. No arguments, no tension or anything that you observed?
MS. ALBERT: Correct. Yeah.
MR. LALLY: Now, beyond the people that you've just described, did anyone else come into your parents' house that evening while you were there?
MS. ALBERT: No.
MR. LALLY: Specifically, Mr. O'Keefe and/or his Significant other, Ms. 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 of the house?
MS. ALBERT: I think when my mom, my dad and I first got there, I believe my dad went upstairs to grab the dog to let her out. So yes, 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 there on Fairview Road 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 for the jurors 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 as back door. So we would kind of just 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 they got home from the Waterfall that evening?
MS. ALBERT: Yes.
MR. LALLY: In the family room that you were talking about where the 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 area?
MS. ALBERT: Into the family room?
MR. LALLY: Yes.
MS. ALBERT: Yes. So there is 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 and forty-five or so after you got there, can you describe the order in which the other people that you've just described were there, what order did those people leave?
MS. ALBERT: I don't remember the order in which everybody left. But I do remember that Sara 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. It was probably within like a couple of 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? Did you hear anything, 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 in that area?
MS. ALBERT: I don't recall a discussion going on about anything happening out front except for at one point, I --
MR. YANNETTI: Objection.
JUDGE CANNONE: Let me hear her answer first. Except for what, at one point?
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.
BY MR. LALLY:
MR. LALLY: Now, with respect to your Aunt Jennifer, Jennifer McCabe, what, if anything, do you recall her doing with -- 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 had noticed that she was on the phone. And I remember she said something to the effect of, oh - -
MR. YANNETTI: Objection.
JUDGE CANNONE: Not what she said.
MS. ALBERT: Okay.
JUDGE CANNONE: So next question, Mr. Lally.
BY MR. LALLY:
MR. LALLY: At some point, did you see her talking on the phone?
MS. ALBERT: I did.
MR. LALLY: At some point, did you see her appear to be texting on the phone?
MS. ALBERT: I'm not sure about testing. 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 room area?
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. LALLY: And Mr. Morris came to the house on Fairview Road and picked you up at some point, about and hour and forty-five minutes or so after you arrived there; is that correct?
MS. ALBERT: Yes.
MR. LALLY: Do you recall what Mr. Morris was driving on that particular evening?
MS. ALBERT: I remember that he actually was driving my car, which is a 2019 Jeep Cherokee.
MR. LALLY: And what kind of car did Mr. Morris have at that time, if you recall?
MS. ALBERT: At that time, he had a very old, I want to say, like 2012, Fort Taurus. So that's why he took my car, because the Taurus would have never been good in the snow.
MR. LALLY: And how was it that you came -- did he call you, text you? How did you know that he was there?
MS. ALBERT: I believe that we texted and that's how I was informed that he was out front.
MR. LALLY: So you receive a text something to the effect of "I'm 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 of the house?
MS. ALBERT: When I walked outside, I remember, again, the snow was coming down a lot. I remember like sort of trying to watch my step because the stairs and the brick path were pretty snowy. I didn't want to slip. So as far as weather, yeah. 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 it was that your boyfriend, Mr. Morris, 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 to back home that evening?
MS. ALBERT: Tristin did.
MR. LALLY: Now, if you recall, when -- Mr. Morris, I'm assuming, backs out of the driveway; is that correct?
MS. ALBERT: Uh-huh.
MR. LALLY: Okay. 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 flagpole in our yard.
MR. LALLY: And so towards the flagpole with the passenger side facing the house; is that right?
MS. ALBERT: Yes.
MR. LALLY: And, if you recall, as Mr. McCabe is driving away from the home, what, if anything, with respect to the weather did he have to employ within the car?
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 of the home?
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 is driving the car to the left of you as he's driving away from the home?
MS. ALBERT: Yes.
MR. LALLY: May I have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Nothing further, Your Honor.
JUDGE CANNONE: Okay. Mr. Yannetti?
MR. YANNETTI: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, ma'am.
MS. ALBERT: Good afternoon.
MR. YANNETTI: So, Ms. Albert, you were at your parents' home on January 29th by midnight or shortly thereafter, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you were the last one to leave at 1:45, 2:00 o'clock, somewhere in that area?
MS. ALBERT: Yes.
MR. YANNETTI: On January 29th of 2022 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. YANNETTI: Trooper Proctor did not contact you on January 29th?
MS. ALBERT: No.
MR. YANNETTI: He did not interview you on January 29th?
MS. ALBERT: He did not.
MR. YANNETTI: What about January 30th?
MS. ALBERT: No.
MR. YANNETTI: 31st?
MS. ALBERT: No.
MR. YANNETTI: How about the entire month of February. Did you hear from Trooper Proctor wherein he set up a meeting or an interview with you?
MS. ALBERT: I did not.
MR. YANNETTI: Then what about the entire rest of 2022? Did Trooper Proctor interview you during that entire year?
MR. LALLY: Objection.
JUDGE CANNONE: So the objection is overruled. You can answer that.
MS. ALBERT: I was not interviewed, no.
BY MR. YANNETTI:
MR. YANNETTI: 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. YANNETTI: And you hadn't met Mr. Lally by May of 2023, either, correct?
MS. ALBERT: IT don't think so.
MR. YANNETTI: But, in May of 2023, you actually called to testify at another hearing where neither the Commonwealth or the defense in this case was present, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Mr. Lally and Ms. McLaughlin were not there and certainly no members of the defense team were there, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And May of 2023 was well over a year after the events that you were called to testify about, correct?
MS. ALBERT: Correct.
MR. YANNETTI: Right? So if these events happened on January 28th and 29th of 2022, January of, 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. YANNETTI: And then it was only after you testified before that other proceeding without the prosecution and defense of this case there that Trooper Proctor finally interviewed you in August of 2023, correct?
MS. ALBERT: That's correct.
MR. YANNETTI: And that was four months after you testified in that other hearing of May of 2023, correct? June, July -- oh, I'm sorry. Three months. June, July, August. Correct?
MS. ALBERT: Correct.
MR. YANNETTI: And it was about a year and a half after January 29th of 2022, correct?
MS. ALBERT: I believe so.
MR. YANNETTI: All right. Now, on direct examination, Mr. Lally had asked you about whether you knew Brian Higgins. Do you remember that line of questioning?
MS. ALBERT: I do.
MR. YANNETTI: And I believe you testified that you knew of Higgins, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And you thought that you had met him a couple of times, correct?
MS. ALBERT: Yes.
MR. YANNETTI: So Brian Higgins you would classify as an acquaintance, correct?
MS. ALBERT: To me?
MR. YANNETTI: Yes.
MS. ALBERT: I would classify him as a friend of my father's, not really an acquaintance or friend of mine.
MR. YANNETTI: 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 like communicate with him regularly. So I mean, if that's what you would consider an acquaintance, then yes.
MR. YANNETTI: 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 are friendly with and might see from time to time. I guess in my head I'm just sort of thinking someone who is 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. YANNETTI: Okay. So is your testimony before this jury that an acquaintance is really a friend?
MS. ALBERT: Someone that you are friendly with perhaps could be.
MR. YANNETTI: Okay. Have you watched any of the testimony in this case prior to your taking the stand today?
MS. ALBERT: I have not.
MR. YANNETTI: Has anybody told you anything about any of the testimony that has occurred prior to your taking the stand today?
MS. ALBERT: No.
MR. YANNETTI: Okay. Who is Katie McLaughlin?
MS. ALBERT: Katie McLaughlin is a girl who I am in the same -- I am the same age as. We went to high school together. We graduated the same year. And we havea couple mutual friends. We interact with some of the same people socially. I don't really -- 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. YANNETTI: Okay. So you would not consider Katie McLaughlin to be a friend?
MS. ALBERT: She's not a close personal friend of mine.
MR. YANNETTI: I didn't ask you if she was a close personal friend.
MR. LALLY: Objection.
JUDGE CANNONE: Let her finish her answer.
MR. YANNETTI: Sure.
BY MR. YANNETTI:
MR. YANNETTI: I'm sorry. Go ahead. Finish your answer.
MS. ALBERT: I would not consider her one of my, again, close friends.
MR. YANNETTI: Okay. So let's get back to my question. Would you consider her to be a friend --
MR. LALLY: Objection.
JUDGE CANNONE: T'1ll allow that.
MR. LALLY: Your Honor, may we approach?
JUDGE CANNONE: Okay. Jurors, feel free to stand up and stretch.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: What is the objection?
MR. LALLY: Your Honor, as it pertains to this witness, I'm not sure what the relevance is of anything to do with her relationship with the firefighter that showed up at her house that morning.
JUDGE CANNONE: Okay. What do you Say, Mr. Yannetti?
MR. YANNETTI: Okay. What I say is that there has been testimony that she told Trooper Proctor that -- I'm sorry -- that Katie McLaughlin told Trooper Proctor that my client looked at Jen McCabe and said, I hit him, I hit him, I hit him. Katie McLaughlin then testified before this jury to a brand new conversation that was back and forth involving multiple people. And she has admitted under oath that her testimony evolved and that she also admitted it evolved after she learned that 34 Fairview was the Albert home. So this is directly on point to impeach Katie McLaughlin's characterization of their relationship as just acquaintances. We have multiple photographs putting them --
JUDGE CANNONE: I understand. I don't see their testimony as too different, as different. Well, it's --
MR. YANNETTI: Right. I'm sorry. I cut the Court off.
JUDGE CANNONE: So I think you've covered the same ground that you are covering or maybe the end of you covering it. You're just shaking your head. So tell me what it is that you expect to ask of her now.
MR. YANNETTI: Okay. So I want to impeach her specifically, saying that she doesn't -- no. She's minimizing her relationship with Katie McLaughlin. You know, in addition to "H," "I," "J" and "K," which were the previous ones that were marked for identification, as I made the Court aware, we received multiple photos after that which were more incriminating in terms of putting the two of them together. They are arm in arm ina lot of photos. They are at a baby shower together, standing right next to each other in a small group. And she is with, this witness is with, her two college roommates and one other person. And that other person is Katie McLaughlin. She is trying to distance herself. And it is crystal clear to me that she has either read social media or she has received some information about the cross- examination that Mr. Jackson did of Katie McLaughlin where there was a big emphasis on her not being a friend and that --
JUDGE CANNONE: Why is that crystal clear to me. There is nothing before me that indicates that.
MR. YANNETTI: She used the exact language, which is -- I was asking her if she was a friend. And she immediately jumped to, I don't consider her to be a close friend, which is exactly what Katie McLaughlin said, as well.
MR. LALLY: Your Honor, it could also just be the truth.
MR. YANNETTI: Well, I'm entitled to explore what the truth is or what the truth isn't.
JUDGE CANNONE: I think we're just about finished with this. I know you feel differently. You don't have to agree with me. I'll give you one more question, but I don't think you're quite --
MR. YANNETTI: So I don't get to introduce any of the photos putting them together that depicts the actual relationship?
JUDGE CANNONE: Not based on what I've seen here. What I'll do tonight is I'll go back through my notes on Katie McLaughlin. But for the same reason that she didn't get it with Katie McLaughlin, I don't see you getting it here. I'll give you one or two more questions.
MR. YANNETTI: Rather than take the one or two more questions, I'd rather move on to another topic and then revisit it tomorrow morning.
JUDGE CANNONE: Okay. Okay.
(Whereupon, the sidebar conference concluded.)
BY MR. YANNETTI:
MR. YANNETTI: Okay. Ms. Albert, you know Courtney Proctor, correct?
MS. ALBERT: I know of her, yes.
MR. YANNETTI: And you've been in her company several times, correct?
MS. ALBERT: Yes.
MR. YANNETTI: You've met her children, correct?
MS. ALBERT: Once, yes.
MR. YANNETTI: And you know she is Michael Proctor's sister, correct?
MS. ALBERT: Yes.
MR. YANNETTI: 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. YANNETTI: Did you ever mention it to him that, you know, you had met his sister and met his sister's kids?
MS. ALBERT: I did not.
MR. YANNETTI: Now, on January 28th of 2022, you went to the Waterfall with your boyfriend, Tristin Morris, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And, ultimately, he left and you stayed, correct?
MS. ALBERT: Yes.
MR. YANNETTI: 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 o'clock 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.
MR. YANNETTI: 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. YANNETTI: No. I'm talking about -- let's start over. Tristan left, right?
MS. ALBERT: Yes.
MR. YANNETTI: You stayed at the Waterfall?
MS. ALBERT: Yes.
MR. YANNETTI: And you planned to go back to 34 Fairview, did you not?
MS. ALBERT: At some point in time, that was spoken about, and I agreed to go back to 34 Fairview, yes.
MR. YANNETTI: And you went back there to see your family, correct?
MS. ALBERT: Yes.
MR. YANNETTI: Including your brother, Brian, whose birthday it was, correct?
MS. ALBERT: Yes.
MR. YANNETTI: That was your parents' home, right?
MS. ALBERT: Yes.
MR. YANNETTI: You grew up there?
MS. ALBERT: Yes.
MR. YANNETTI: You were comfortable there?
MS. ALBERT: Yes.
MR. YANNETTI: There was plenty of room at the house, correct?
MS. ALBERT: Yes.
MR. YANNETTI: In what sense?
MS. ALBERT: A bunch of bedrooms.
MR. YANNETTI: Not all of them were taken up, correct?
MS. ALBERT: At that time, correct.
MR. YANNETTI: You certainly felt welcome there, correct?
MS. ALBERT: Yes.
MR. YANNETTI: And there was no problem with you staying there overnight, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And, when you made the decision to go there after the Waterfall, you knew there was a snowstorm that was starting, correct?
MS. ALBERT: Yes.
MR. YANNETTI: 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. YANNETTI: In fact, you walked in and he was one of the first people that you saw, correct?
MS. ALBERT: Correct.
MR. YANNETTI: He's been over your house many times, correct?
MS. ALBERT: Correct.
MR. YANNETTI: You're close with them as your first cousin, are you not?
MS. ALBERT: I am.
MR. YANNETTI: And your brother, Brian, Jr., is close with them, as well, correct?
MS. ALBERT: Yes.
MR. YANNETTI: Colin Albert is close with your parents, correct?
MS. ALBERT: Yes.
MR. YANNETTI: He's certainly welcome at your parents' home, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And it was certainly not shocking to see your first cousin, Colin Albert, at your home, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you had a brief interaction with him, correct?
MS. ALBERT: Yes.
MR. YANNETTI: That was sort of toward the foyer of the house?
MS. ALBERT: Yes.
MR. YANNETTI: And then you continued deeper into your parents' home and you saw other people there, correct?
MS. ALBERT: Yes.
MR. YANNETTI: 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. YANNETTI: All right. And, when you were there, you saw your brother, Brian, whose birthday it was, correct?
MS. ALBERT: Yes.
MR. YANNETTI: He had two friends with him, Julie Nagel and Sara Levinson in that same area?
MS. ALBERT: Yes.
MR. YANNETTI: You greeted them, as well?
MS. ALBERT: Yes.
MR. YANNETTI: 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. YANNETTI: All right. And you were walking around within the kitchen/dining room area?
MS. ALBERT: Yes.
MR. YANNETTI: 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. YANNETTI: 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. No.
MR. YANNETTI: From your vantage point, the door to the basement is kind of blocked from the area that you were in?
MS. ALBERT: For the most part, yes.
MR. YANNETTI: And you weren't watching Colin to see where he went after you left him, correct?
MS. ALBERT: Correct.
MR. YANNETTI: And you never saw him leave the house physically, correct?
MS. ALBERT: Correct.
MR. YANNETTI: This may be a good time to pause. I don't know. Are we going past four?
JUDGE CANNONE: All right. We will pause, then. Thank you. Ms. Albert, we'll bring you back tomorrow. I'm going to ask you to stay here as the jurors file out. Jurors, those same three cautions. 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 is a half day. We'll see you in the morning.