Day 11 - May 14, 2024

Defense counsel raised concern that Brian Albert had communicated with the Commonwealth during a break while still under oath and asked the court to prevent further such contact during testimony. The Commonwealth said its communications concerned scheduling, expected duration, or a general redirect area rather than specific questions. The judge said the defense position sounded correct but would review the rules before issuing any order.

Defense counsel questioned Caitlin Albert about her continuing contact with Katie McLaughlin, using photographs to refresh her memory about shared events. The judge sustained objections to several questions, described further relationship inquiry as cumulative at sidebar, and later sustained an objection to admitting the photographs as full exhibits. Albert also described what she did and did not observe while leaving 34 Fairview Road, including that she did not see unusual items on the lawn but was not looking out the vehicle window as she drove away.

On redirect, Caitlin Albert described a single brief encounter with Courtney Proctor's children and said she had never met Michael Proctor before he interviewed her. She estimated that Brian Albert and Brian Higgins were out of the kitchen and dining area for at most about five minutes. Albert also said that, while leaving 34 Fairview Road in snow, she was focused on not slipping and on reaching Tristin's car rather than the front-yard area near the flagpole.

Defense counsel briefly tested Caitlin Albert's estimate of when she saw Courtney Proctor's children with Julie Albert. Albert said the two- or three-year timeframe was an estimate and that she could not say for sure.

Tristin Morris testified that he and Caitlin Albert had gone to the Waterfall Bar & Grille before he went home to rest and remain available for plowing. He said Caitlin later called and texted him, prompting him to drive her white Jeep Cherokee from Easton to 34 Fairview Road in Canton. Morris testified that he texted Caitlin when he arrived, did not enter the house, and left shortly after she got into the front passenger seat. He described her demeanor as normal and said she faced him while they spoke as he drove away.

Defense counsel David Yannetti questioned Tristin Morris about his long relationship with Caitlin Albert and continued association with the Albert and McCabe families. A June 2022 photograph from Ned Devine's was marked for identification; Morris said it refreshed his memory and agreed the other people pictured were Alberts or McCabes. Morris repeatedly said he could not recall the time of his trip to 34 Fairview Road, the length of his wait, or several parking details. He said he picked up Caitlin Albert there, saw no obstruction to the lawn, and did not see the items or unusual conditions counsel asked about. Morris also said he had spoken with prosecutors by phone about appearing in court, with his attorney on the line, rather than being interviewed by state police.

Morris said Caitlin wanted to leave 34 Fairview Road because she did not want to get snowed in. He also said that, while driving past the house, he had no reason to direct his attention to the front lawn.

Defense counsel examined Sarah Levinson about her longstanding relationship with Brian Albert, Jr. and other members of the Albert family, as well as the activity inside 34 Fairview Road on the night in question. Levinson testified that she did not keep track of every arrival or departure and did not remember seeing several people physically leave. After reviewing a May 2023 hearing transcript, she agreed that her earlier account of seeing grass on the lawn was accurate, qualifying it as "sort of." She said she saw nothing unusual on the front lawn when she left the house, but added that she was not looking as the McCabe car drove past it. At sidebar, the judge directed counsel not to identify Attorney Little in a question about defense-team contact; Levinson then confirmed that she had decided not to speak with the defense team before this examination.

Levinson said she had last been in the basement at 34 Fairview in approximately 2017 and did not believe Colin Albert remained in the house while Ms. McCabe checked a charging phone. She clarified that, when leaving, she looked only at grass bordering the front walkway rather than the entire lawn. Levinson also said another state police officer was present when she spoke with Trooper Proctor, though she could not recall the officer's name, and explained that she declined to speak with defense investigators because she believed she had nothing to discuss.

Yannetti questioned Nagel about the delay before investigators interviewed her, her friendships with people at the gathering, and details she could not recall. Nagel said she had been drinking and was intoxicated when leaving, said she saw an object but did not know what it was, and described a black SUV pulling forward and stopping near the flagpole. When challenged about her five-to-six-foot estimate of the object’s length, Nagel initially disputed that she was giving the measurement for the first time, but ultimately agreed she had not mentioned it until Lally questioned her that day. She also testified that Jennifer McCabe requested and received screenshots of Nagel's texts with Ryan. The judge sustained several objections during the examination and recessed with Nagel to return the next day.

The prosecutor said Ms. Kun from the UC Davis lab needed to testify the next day because she was flying out and described her as a case-in-chief witness after defense counsel mentioned her in opening. Defense counsel then asked whether the current witness had previously told the prosecutor about the length of an object; the judge said she understood the answer was given during testimony, and the prosecutor said they had not discussed it.