Trial 1 Trial Day
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Day 11 - May 14, 2024

Judge Beverly J. Cannone · Trial 1 · 11 proceedings · 2,570 utterances

Day 11 of 35
Appearing:

Four witnesses place the Albert front lawn under observation between 1:30 and 2:00 AM — three see nothing, one sees a dark five-to-six-foot object near the flagpole.

Full day summary

Day 11 centers on the 34 Fairview Road front lawn in the early hours of January 29, 2022. Caitlin Albert completes her cross-examination as Yannetti establishes she departed around 1:45 AM without seeing a body, a baseball cap, sneakers, or 45 pieces of red taillight plastic — despite walking directly past the area. Tristin Morris, who drove Albert home, corroborates seeing nothing unusual despite a clear sightline from the driveway. Sarah Levinson, a family friend who left in the McCabes' vehicle around 1:30–2:00 AM, likewise saw nothing on the lawn she walked past. Against that backdrop, Julie Nagel provides the day's most consequential testimony: she noticed a dark object approximately five to six feet long on the ground near the flagpole as the car departed — an observation she mentioned aloud but took no further action on. Yannetti challenges Nagel's account by establishing she was intoxicated, that the size estimate was disclosed for the first time at trial, and that Jennifer McCabe — not a law enforcement officer — was the person who collected Nagel's text message screenshots from her.

  • Julie Nagel testifies she saw a dark object approximately five to six feet long near the flagpole on the Albert front lawn as she left around 1:45 AM — an observation consistent with a person lying on the ground.
  • Three other departing witnesses — Caitlin Albert, Tristin Morris, and Sarah Levinson — each confirm under cross-examination that they saw no body, baseball cap, sneaker, or taillight debris on the same front lawn during the same window.
  • Yannetti establishes that Nagel's size estimate for the object was never included in any prior statement and was disclosed for the first time during trial testimony.
  • Jennifer McCabe is identified as the person who asked Nagel for screenshots of her text messages with her brother Ryan — a function performed by a fellow witness rather than law enforcement.
  • Tristin Morris testifies that no investigator substantively interviewed him until May 7, 2024 — one week before his testimony and after opening statements had already begun.
Julie Nagel
“I did notice something out of the ordinary, like a black blob on the ground by the flagpole.”
Nagel's 'black blob' near the flagpole is the day's pivot point — the single observation that runs counter to three other witnesses who saw nothing, and the prosecution's only eyewitness corroboration that something was on the lawn before dawn.
Caitlin Albert
“I did not see a 6'2" man on your parents' front lawn.”
Caitlin Albert's flat denial that she saw a 6'2" man on the lawn anchors the defense's central timeline argument and frames every subsequent witness's similar admission as a pattern rather than an isolated gap.
Julie Nagel
“JJ McCabe.”
The revelation that Jennifer McCabe collected Nagel's text screenshots — rather than a trooper or prosecutor — surfaces the investigation's informality and the McCabe family's unusual role in evidence handling.

Caitlin Albert - Cross/Redirect/Recross

Cross, redirect, and recross examination of Caitlin Albert on her relationship with Katie McLaughlin and observations during her departure from 34 Fairview Road.

Cross
Caitlin Albert David Yannetti
403 utt.

Defense attorney David Yannetti continues cross-examination of Caitlin Albert across two main areas. First, he methodically undermines her prior testimony that Katie McLaughlin was merely someone she knew from high school, producing photographs showing them together at a baby shower (June 2021), on a weekend trip to Maine (2016), at a Cape Cod beach, and in Albert's own college kitchen — establishing ongoing social contact through 2021. Second, Yannetti walks Albert through her departure from 34 Fairview Road at approximately 1:45 AM, establishing that she exited the front door, walked to the driveway, and drove past the entire front lawn on the passenger side — effectively circling the lawn — without seeing a baseball cap, a sneaker, pieces of red taillight plastic, or a 6'2" man. Albert repeatedly confirms she saw nothing unusual, though she volunteers that she was not looking out the window while driving away.

Redirect
Caitlin Albert Adam Lally
55 utt.

ADA Lally's redirect of Caitlin Albert covers three areas raised during cross-examination. First, he establishes that Albert's only contact with Trooper Proctor's children was a single brief encounter years earlier through her Aunt Julie's car window, and that she had never met Trooper Proctor himself before her interview. Second, Lally addresses the period when Brian Albert and Brian Higgins left the kitchen area, with Albert estimating they were gone for at most five minutes. Third, and most extensively, Lally walks Albert through her exit from 34 Fairview Road — she was looking down at snow-covered brick steps while wearing high-heeled boots, walked directly to the passenger side of the car, faced left toward her boyfriend Tristin while he drove, and had no reason to look toward the front lawn near the flagpole at any point.

Recross
Caitlin Albert David Yannetti
11 utt.

In a brief 11-utterance recross, defense attorney David Yannetti returns to a point raised during redirect about Caitlin Albert's contact with Trooper Proctor's children. Albert had testified on redirect that she saw the children once, approximately two or three years ago, through her Aunt Julie Albert's car window. Yannetti walks her through the calendar math: two to three years before the May 2024 trial date places the encounter between May 2021 and May 2022 — meaning it occurred either before or shortly after John O'Keefe's death in January 2022. Albert confirms the timeline without dispute.

+1 procedural segment

Tristin Morris - Direct/Cross/Redirect

Tristin Morris, Caitlin Albert's boyfriend, testified about returning to Canton to pick her up on the night of January 28-29, 2022. The defense pressed him on his observations of the front lawn at 34 Fairview Road; the prosecution clarified his attention while driving in snow.

Direct
Tristin Morris Adam Lally
188 utt.

Tristin Morris, a union pipefitter and boyfriend of Caitlin Albert for approximately eight years, testified about the events of January 28-29, 2022. He described going to the Waterfall Bar & Grille in Canton that evening, then returning home to Easton to rest before an early morning snow plowing job. After receiving calls and texts from Caitlin, he drove back to Canton in her white Jeep Cherokee, which handled better in snow than his Ford Fusion. He picked her up at 34 Fairview Road, texting her upon arrival, and she came out and got in the front passenger seat. Morris testified it was snowing during the drive, he had windshield wipers and defroster on, and described Caitlin's demeanor as normal with nothing out of the ordinary.

Cross
Tristin Morris David Yannetti
305 utt.

David Yannetti established that Tristin Morris has been closely associated with the Albert and McCabe families for seven to eight years through his relationship with Caitlin Albert. Yannetti introduced a photograph from a June 2022 outing at Ned Devine's in Boston showing Morris with eleven Alberts and McCabes, posted to social media four days before Karen Read's indictment. The defense then pressed Morris on the timeline of the night of January 28-29, 2022, highlighting that his original plan did not include driving back to Canton from Easton, and that he could not recall specific times for any event that night. Yannetti's central line of questioning focused on Morris's view of the 34 Fairview Road front lawn while parked in the driveway and while driving past it — Morris confirmed he saw no black baseball cap, no black sneaker, no pieces of red plastic, no tire tracks, no 6'2" man, and nothing unusual. Yannetti also established that no investigator contacted Morris until May 7, 2024 — one week before his testimony and after opening statements had already begun.

Redirect
Tristin Morris Adam Lally
17 utt.

In a brief redirect of 17 utterances, ADA Lally addressed two points raised during Yannetti's cross-examination. First, Lally asked about the photograph from the June 2022 gathering at Ned Devine's — Morris testified he did not know what the occasion was. Second, Lally established that Morris returned to 34 Fairview Road because Caitlin wanted to come home rather than get snowed in, and that while driving in snowy conditions with his hands at ten and two, Morris had no reason to direct his attention to the front lawn of the Albert residence. This final point directly countered the defense's emphasis on Morris not observing anything on the lawn.

Sarah Levinson - Direct

Sarah Levinson testifies about attending Brian Albert Jr.'s birthday gathering at 34 Fairview Road on the evening of January 28-29, 2022, describing who was present, when they arrived and left, and her departure with the McCabes.

Direct
Sarah Levinson Adam Lally
334 utt.

Sarah Levinson, a registered nurse and lifelong Canton resident, testifies about attending Brian Albert Jr.'s 23rd birthday celebration at 34 Fairview Road. She arrived between 7-8 PM with Julie Nagel, joined later by friends Courtney Alba, Kathryn Doody, Emily Fabiano, and Mary Kent, as well as Colin Albert. The younger group left before midnight. Around 12:15 AM, the older adults arrived — Brian Albert Sr. and Brian Higgins (from a funeral in New York), plus Nicole Albert, Caitlin Albert, and Jennifer and Matthew McCabe. Levinson describes the mood as consistently happy with no arguments. She left between 1:30-2:00 AM, driven home by the McCabes along with Julie Nagel. She testified she never saw John O'Keefe or Karen Read enter the house, and that no one went to the basement. During the drive home, Julie Nagel made a remark as they passed 34 Fairview that drew Levinson's attention to the window, but by then the house was behind them.

Sarah Levinson - Cross/Redirect

Sarah Levinson's cross-examination and redirect. Yannetti walks through her six hours at 34 Fairview Road and what she observed; Lally clarifies specific details and her contact with defense investigators.

Cross
Sarah Levinson David Yannetti
315 utt.

David Yannetti cross-examines Sarah Levinson, establishing her close ties to the Albert family and her six continuous hours inside 34 Fairview Road. He methodically walks through who came and went during the evening, highlighting that she never saw Colin Albert, Brian Higgins, or Caitlin Albert physically leave. Yannetti then focuses on the conditions when Levinson left around 2 AM — snow was just starting to accumulate, grass and pavement were still visible, and exterior lights illuminated the front lawn. He elicits that she saw no body, no black baseball cap, no black sneaker, and no red plastic on the lawn, and that none of the four people walking to the car pointed out anything unusual. He also establishes that no investigator interviewed her until nine months later, when Trooper Michael Proctor took her statement, and that she declined to speak with the defense team.

Redirect
Sarah Levinson Adam Lally
22 utt.

ADA Lally conducts a brief redirect of Sarah Levinson covering three points. First, he establishes she last visited the basement at 34 Fairview around 2017, during early college. Second, he narrows the scope of her lawn observations from cross-examination — Levinson clarifies she only looked at the grass bordering the front walkway as she walked to the car, not the entirety of the front lawn. Third, Lally addresses her refusal to speak with defense investigators, with Levinson explaining she proactively contacted the defense the next day to tell them she had nothing to discuss, and that she understood she had no legal obligation to do so.

Julie Nagel - Direct (Part 1)

Julie Nagel testifies about attending a gathering at 34 Fairview Road on the night of January 28–29, 2022, and observing a black SUV and a dark object near the flagpole as she left.

Direct
Julie Nagel Adam Lally
385 utt.

Julie Nagel, a longtime friend of Brian Albert Jr., describes attending his birthday gathering at 34 Fairview Road on the evening of January 28, 2022. She details two waves of guests: an initial group of young friends who mostly left before midnight, and a second group of family members (Brian and Nicole Albert, the McCabes, Brian Higgins, Caitlin Albert) who arrived around 12:15 AM. Nagel testifies she was seated at the dining room table with a view of the front door and windows, and that no one else entered the house beyond the people she named. She describes seeing an unfamiliar black SUV stop at three locations near the house while she was inside. When leaving around 1:45 AM in the McCabes' vehicle, she noticed a dark object approximately five to six feet long on the ground near the flagpole, which she mentioned aloud but could not identify.

Julie Nagel - Cross (Part 1)

Defense attorney Yannetti cross-examines Julie Nagel about the delayed investigation, her intoxication level, her inability to identify the object she saw on the lawn, and her close ties to the Albert family and Jennifer McCabe.

Cross
Julie Nagel David Yannetti
519 utt.

David Yannetti's cross-examination of Julie Nagel focuses on several themes: the eight-month delay before Trooper Proctor interviewed her despite being present at the Albert home for approximately eight hours that night; her close personal relationships with the Albert family and Jennifer McCabe; her inability to account for Colin Albert's exact arrival and departure times; her admission that she was intoxicated when leaving; and the fact that she took no action after seeing a dark object on the lawn — did not ask the driver to stop, did not call police, and did not alert anyone with first-responder capability. Yannetti establishes that the five-to-six-foot size estimate for the object was provided for the first time during trial testimony, never in any prior statement. He also elicits that Jennifer McCabe — not an investigator — was the person who asked Nagel for screenshots of her text messages with her brother Ryan.

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